This Chapter is adopted pursuant to the City's police powers
and
Government Code Section 51036 et seq., including any successor
statutes, for the purpose of regulating the sale of food and merchandise
in the public right-of-way.
(Ord. 1368 § 3, 1/28/19)
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Chapter. Words and phrases undefined in this Code have the same meaning as set forth in Title
8 of the Public Health Code of Los Angeles County as amended by this Code.
"Certified Farmer's Market"
means a California agricultural product point-of-sale location
that is registered under, and operated in accordance with Food and
Agriculture Code Section 47000, et seq.
"Charitable organization"
means a nonprofit organization, which qualifies under Section
501(c)(3) through (14) of the Internal Revenue Code as a charitable
organization; has principal offices in or conducted meetings regularly
within the City for not less than three years immediately preceding
an application for a sidewalk vendor permit; and has a bona fide membership
of not less than 15 members. A charitable organization includes any
parent, principal, or master entity.
"Junk food"
means any food or beverage that is low in essential nutrients,
protein, vitamins or minerals and high in calories, sodium, sugar
and fat. Junk foods include, without limitation, soda, candy, chips,
ice cream, hot dogs or processed meat and chocolates.
"Pedestrian path"
means a footpath, not adjacent to a road, which is intended
for use only by pedestrians, tricycles, strollers or baby carriages.
"Special event"
means any parade, athletic event, block party, or public
assembly that requires partial or complete street or sidewalk closure
to vehicular or pedestrian traffic and use of the street or sidewalk
for the event, or any event for which a City-issued permit is required
for the temporary use of, or encroachment on, the sidewalk or other
public area.
(Ord. 1368 § 3, 1/28/19)
A. The
City Manager, or designee, may impound food, goods, or merchandise
that is abandoned on public property or displayed, offered, or made
available for rent or sale by a vendor who does not possess a valid
permit issued pursuant to this Chapter.
B. The
City Manager, or designee, may immediately dispose of impounded materials
that are perishable or cannot be safely stored in any reasonable manner.
C. The City Manager, or designee, may forfeit impounded materials from a vendor who has been found responsible for vending without required permits three or more times within a 24 month period. An aggrieved vendor may appeal a City forfeiture order pursuant to the procedures set forth in Section
9.36.070.
D. The
City Manager, or designee, may dispose of abandoned impounded materials
in accordance with administrative policies and procedures that may
be promulgated by the City Manager.
E. The
City Council may by resolution adopt impound fees, which recoup reflect
the City's enforcement, investigation, storage and impound costs.
F. No person
may retrieve impounded materials without paying applicable impound
fees and demonstrating proper proof of ownership.
(Ord. 1415 § 2, 6/13/22; Ord. 1416 § 2, 6/27/22)