A.
The
City Council finds and determines that the use of its public streets,
sidewalks, rights-of-way and other public property are for public
purposes and their use for commercial gain is special. Further, there
is no vested right to do commercial business upon public streets,
sidewalks, rights-of-way and other public property.
B.
The
Municipal Code of the City of Bellflower provides for licensing and/or
permit procedure for the conduct of certain business activities. This
chapter does not repeal nor amend those provisions for the lawful
conduct of business activities when properly licensed or permitted.
This chapter does not intend nor is it meant to prohibit, prevent
or hinder activities of political, economic, religious or sociological
ideas when such activities are noncommercial.
(Prior code § 5-2.40(a))
A.
The
purpose and intent of this chapter is to further clarify and designate
the regulation of the sale of goods, merchandise and/or food from
a motor vehicle in addition to the existing provisions of this Code.
It is the intent and purpose of this chapter to clearly state that
the regulations shall apply to all operations involving the selling
of goods, merchandise and/or food from a motor vehicle wherever and
however situated in the city.
B.
The
sale of goods, merchandise and/or food from a motor vehicle is transient
in nature and is not allowed at a permanent location on premises within
the City. It is further found that because of the mobility of a motor
vehicle from location to location, vendors selling goods, merchandise
and/or food from a motor vehicle are not subject to, and thereby do
avoid, normal zoning and building permit regulations and thereby render
such regulations unenforceable.
(Prior code § 5-2.40(b))
It is unlawful for any person to sell or offer for sale, or
operate any motor vehicle or conduct any business for the purpose
of causing the sale of goods, merchandise and/or food from any motor
vehicle parked, stopped, or standing upon any private property, public
street, alley, parkway, sidewalk or other public property in the City
of Bellflower except in accordance with all applicable provisions
of this Code and in compliance with each of the following requirements:
A.
All
vendors and operators shall keep and maintain their equipment in a
neat, clean and safe condition and shall conduct all vending operations
in a neat, orderly, safe and sanitary manner.
B.
All
sales activities shall:
1.
Be
conducted at a distance of more than five feet from any public or
private building or the property line of any business premises and
at a distance of at least 10 feet from any entrance to any public
or private building or business premises; and
2.
Not
be permitted for a period of time in excess of two hours per 12 hour
period at any one location whereby said periods shall commence at
12:00 midnight and 12:00 noon and said motor vehicle must be moved
a distance of not less than 200 feet between consecutive stops at
which sales and/or service activities occur.
C.
No sales
activity shall be conducted in a manner which disturbs, accosts, confronts,
harasses, badgers or annoys any person.
D.
It is unlawful for any person to sell, offer for sale any goods, merchandise and/or food from any motor vehicle pursuant to Section 5.12.010 unless such person shall possess at all times while conducting such commercial business upon his/her person an unexpired and unrevoked permit issued pursuant to this chapter of the Bellflower Municipal Code.
E.
It is unlawful for any person to sell or offer for sale any goods, merchandise and/or food from any motor vehicle pursuant to Section 5.12.010 unless such person when applicable shall possess at all times while conducting such commercial business upon his/her person, an unexpired and unrevoked health permit issued by the Department of Health Services of the County of Los Angeles, or any other permit as required by any other appropriate governmental agency.
F.
No person
shall sell any product or food from a motor vehicle parked on any
public street, alley or highway when:
1.
The
posted speed limit on the public street, alley or highway where the
vehicle is parked exceeds 35 miles per hour; or
2.
The
vehicle from which the products or services provided are sold is not
lawfully parked; or
3.
Any
part of the vehicle from which the products or services provided are
sold is open to prospective customers other than the side of the vehicle
facing away from the street; or
4.
The
products or services provided are sold to persons within any vehicle
or standing in the portion of the roadway open to motor vehicles;
or
5.
There
is not a clear view of the vehicle from the street at a distance of
200 feet in front of and 200 feet behind the vehicle.
G.
No person
shall sell any product or food from a motor vehicle parked on any
privately owned property without expressed written permission from
the property owner.
(Prior code § 5-2.40(c))
Prior to engaging in any operation of the commercial business described in Section 5.12.030, all such persons shall have a valid business license issued by the City. Such commercial businesses now lawfully licensed shall be required, as a condition of renewal of said license, to obtain a permit as hereinafter required.
(Prior code § 5-2.40(d))
In addition to the requirements of this Code or other applicable
rules or regulations, the applicant for a business license under this
chapter must first obtain a permit. The application for said permit
shall set forth the following:
A.
Name
and permanent home address of each owner and operator of said motor
vehicle or vehicles;
B.
The
name and address of the employer or the person for whom the operator
is conducting commercial business;
C.
The
nature of the type of commercial business to be performed. In other
words, type or vehicle selling goods, merchandise and/or food, and
a general description of the type of goods, merchandise and/or food
to be sold;
D.
Two
photographs of the applicant, taken within 60 days immediately prior
to the filing of the application, which photographs shall be two inches
by two inches showing the face and shoulders in a clear distinguishing
manner;
E.
Valid
California driver's license number of the applicant and operator.
(Prior code § 5-2.40(e))
Upon receipt of an application for a business license and permit
under this chapter, a copy thereof shall be transferred to the City
Manager, or designee, for investigation and report concerning applicant's
business and moral character in the protection of the public. If as
a result of such investigation the applicant's character or business
responsibility is reported to be unsatisfactory, such shall be recorded
upon the application with the reason thereof being stated. If on the
other hand, as a result of such investigation, the business responsibility
and character of the applicant are found to be satisfactory, such
fact shall be recorded upon the application, and the licenses and
permit shall be issued. If a permit is denied, the license fee paid
shall be refunded; the permit fee shall not be refunded.
(Prior code § 5-2.40(f))
Except as provided in this chapter, the City Manager, after
investigation of the application and of the commercial business proposed
to be conducted, may grant or refuse to grant a permit. The City Manager
shall have the right to refuse any such permit if he or she shall
determine that the granting of the same or the conduct of the business
will be contrary to the preservation of the public peace, health,
safety, morals or welfare of the City or its inhabitants. If such
permit is granted, the City Manager may impose such terms, conditions,
and restrictions upon the operation and conduct of such business,
not in conflict with any law, as he or she may deem necessary or expedient
to protect the public peace, health, safety, morals or welfare of
the City or its inhabitants.
(Prior code § 5-2.40(g))
A.
No permit
issued under this chapter shall be transferable.
B.
Each permittee under this chapter shall possess and at all times display in conspicuous view upon such vehicle, a City of Bellflower business license issued pursuant to Section 5.04.050 of this Code.
C.
Each
permittee under this chapter shall possess and at all times display
in conspicuous view upon such vehicle an unexpired and unrevoked permit
issued pursuant to this chapter.
(Prior code § 5-2.40(h))
Except as otherwise provided by applicable law, all fees applicable
to this chapter, excluding business license taxes and fees, will be
established by City Council resolution. Such charges will be determined
by the department and be based on the actual cost incurred by the
City in providing services. Such service charges will include, without
limitation, charges for labor, supervision, overhead, administration
and the use of any and all City equipment, and supplies.
(Prior code § 5-2.40(i); Ord. 1336 § 1, 5/8/17)
Any applicant denied a permit by the City Manager pursuant to
the provisions of this chapter will have the right to appeal such
denial to the City Council. Such appeal must be filed in writing with
the City Clerk accompanied by an appeal fee and then shall be set
for hearing before the City Council within 30 days. Except as otherwise
provided by applicable law, all appeal fees applicable to this chapter
will be established by City Council resolution. Such charges will
be determined by the department and be based on the actual cost incurred
by the City in providing services. Such service charges will include,
without limitation, charges for labor, supervision, overhead, administration
and the use of any and all City equipment, and supplies. The appellant
must be notified of the hearing before the City Council at least 10
days before the hearing date.
(Prior code § 5-2.40(j); Ord. 1336 § 2, 5/8/17)
The City Manager shall report on a quarterly basis to the City
Council any permits issued or denied to applicants pursuant to this
chapter.
(Prior code § 5-2.40(k))
In addition to all of the other requirements of this Code, including, without limitation, this chapter, the owner and/or operator of a motor vehicle from which ice cream, candy and/or other confectionery items are sold at retail to residents from a vehicle located in a public street, shall permanently maintain on such vehicle signs as are described on Exhibit A. The signage shall be permanently placed on each such vehicle at locations as described on said Exhibit A. A violation of this section, shall be deemed to be a violation per Chapter 1.08 and shall be cause for revocation of a permit issued pursuant to the provisions of this chapter.
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Exhibit A
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(Prior code § 5-2.40(l))
