A. "Person"
as used in this chapter includes the singular and plural, and any
person, firm, or corporation, association, or any other organization.
B. "Itinerant
vendor" means any person who sells personal property, services, or
food items; or who solicits orders for the sale of personal property
or services to be delivered at some future time other than from a
permanent place of business owned or leased by the person who sells
or solicits orders. "Itinerant vendor" includes, but is not limited
to, persons who sell or solicit orders, food items on foot, door to
door, in public places, from motor vehicles, trailers, pushcarts,
motorized carts, or temporary structures such as stalls, tables, or
other devices.
C. "Itinerant
vendor" also means a roadside vendor or any person who sells, gives
away through barter, offers to sell, or solicits to sell any fruit,
vegetables, nuts, berries, citrus, cut flowers or any other item that
requires a license or permit from the State Department of Food and
Agriculture, Market License Bureau pursuant to Chapter 6 and 7, Division
20 of the Food and Agriculture Code.
D. "Mobile
food vendor" has the same meaning as a mobile food facility as defined
in Section 113900 of the California
Health and Safety Code.
(Ord. CS 111 §1, 1985; Ord. CS 949 §2, 2006; Ord. CS 963 §1, 2006)
A. Except
as provided in this chapter, it is unlawful for any itinerant vendor
to sell new or used personal property or services, or solicit orders
in any unincorporated areas of Stanislaus County, without having first
procured from the tax collector of Stanislaus County a permit for
such purpose. The tax collector of Stanislaus County is designated
as the agent of the board of supervisors for the purpose of issuing
permits as provided in this chapter.
B. Itinerant
vendors may operate only on privately owned real property within the
commercial, industrial, or highway frontage zoning districts.
C. No itinerant
vendor shall operate within or upon, and shall not sell, solicit,
or barter, transact or solicit business within or upon, any right-of-way,
public street, road, sidewalk, highway or public property. An itinerant
vendor must be located at lease thirty-five feet back from the paved
edge of any roadway, and, if operated on a corner lot, shall not be
operated within a sight distance triangle area formed by the street,
property lines, and a line connecting them at points at least thirty-five
feet from the intersection of the street lines maintaining at least
thirty-five feet from any intersection. The measurement of thirty-five
feet shall start at the gutter or edge of the roadway, inward. (A
copy of the aforementioned sight distance triangle is available at
Stanislaus County department of planning and community development
and the department of environmental resources.) No itinerant vendor
may occupy a required parking space for on-site development. This
subsection shall not apply to mobile food vendors that have been issued
a health permit issued by the department of environmental resources
to operate on approved routes, and operate in compliance with the
applicable California Retail Food Law regulating health and sanitation
standards for retail food facilities.
(Ord. CS 111 §2, 1985; Ord. CS 949 §3, 2006; Ord. CS 963 §2, 2006)
A. Itinerant
vendor permits may be acquired by submitting an application to the
tax collector of Stanislaus County. The application shall be on a
form prescribed by the tax collector and shall include the following
information: The name and permanent address of the applicant; the
temporary address of the applicant if different from the permanent
address; a full and complete description of the goods or services
offered by the applicant; a complete physical description of the applicant
including sex, race, age, height, weight, color of hair and eyes;
and a description and license number of any vehicles used by the applicant.
The applicant shall also provide other proper identification as required
by the tax collector. The applicant shall provide his or her complete
criminal record, if any. If the applicant is other than self-employed,
he or she shall state in the application the name and address, both
permanent and temporary, of the firm, person, corporation, or association
by which he or she is employed or which he or she represents, and
the nature of the business and personal property which such firm,
person, corporation, or association provides.
B. Written
permission from the owner of the property where the itinerant vendor
operates must be obtained and attached to the application permit form
prior to the issuance of a permit.
C. If the
purpose of the sale of the property or services is for a charitable
event, the person, firm, corporation, association or organization
involved in that charitable event shall be required to submit an application
for an itinerant vendor permit under this section to the tax collector;
however, only the following information shall be required: The name
and permanent address of the applicant; the temporary address of the
applicant if different from the permanent address, and a full and
complete description of the goods or services offered by the applicant.
(Ord. CS 111 §3, 1985; Ord. CS 836 §1, 2003; Ord. 949 §4, 2006)
The tax collector, at his or her discretion, may delay the issuance
of any permit provided in this chapter for such time as is necessary
to verify the business address of the applicant and the existence
of his or her principal or employer, if any. When such information
is received, the tax collector may issue a permit for which he or
she shall collect a fee for each person issued a permit. The required
annual fee for an itinerant vendor permit shall be established by
the board of supervisors by resolution.
(Ord. CS 111 §4, 1985; Ord. CS 949 §5, 2006)
Permits issued under this chapter are not assignable or transferable
and may be used only by the person to whom issued. Such permits shall
show the description of the holder; his or her name and address, both
temporary and permanent, with the name of his or her principal, if
other than the permittee: a description of the business for which
the permit has been issued; and shall be signed by the permittee in
ink.
(Ord. CS 111 §5, 1985)
Every itinerant vendor holding a permit under this chapter shall, while selling personal property or services or soliciting orders, keep in his or her possession at all times his or her permit and shall, upon demand of any designated county officers and employees authorized to enforce the requirements of this chapter pursuant to Section
1.24.040 of this code shall exhibit his or her permit and personal property for inspection.
(Ord. CS 111 §6, 1985; Ord. CS 949 §6, 2006)
Nothing contained in this chapter shall be construed as authority for any permittee to engage in an unlawful business or conduct. Any designated county officers or employees authorized to enforce the requirements of this chapter pursuant to Section
1.24.040 of this code is authorized to temporarily suspend the permit of any person holding a permit under this chapter whenever it appears that the permittee has engaged in any unlawful business or conduct. Within fourteen days after suspension of a permit, the authorized county officer or employee shall set the matter for hearing before the nuisance abatement hearing board. Written notice of such hearing shall be mailed to the permittee at the address shown on the application at least ten days prior to time of hearing. Within thirty days after the hearing is closed, the abatement hearing board shall make a written recommendation to the board of supervisors to revoke the temporary suspension, to suspend the permit for any further period, or to permanently revoke the permit as the facts may warrant. A copy of the recommended decision shall be mailed by certified mail, to the permittee. The board of supervisors may adopt, modify or reject the recommendation without further notice of hearing or, in the discretion of the board of supervisors, may set the matter for a de novo hearing.
(Ord. CS 111 §7, 1985; Ord. CS 949 §7, 2006)
Nothing in this chapter shall apply to wholesalers or their representatives, employees, or agents calling upon retail business houses. The requirement to obtain an itinerant vendor permit pursuant to Section
6.68.020(A) and Section
6.68.030 shall not apply to the sale of products on property owned or leased by merchants or their employees or agents that have a legally established place of business in Stanislaus County, nor to farmers of Stanislaus County or their employees selling farm products produced by such farmers; provided, however, all other provisions of this chapter shall apply, and a permit is required for offsite sales.
(Ord. CS 111 §8, 1985; Ord. CS 949 §8, 2006)
It is unlawful for an itinerant vendor to sell new or used personal
property or services, or solicit orders in or upon private residences,
homes, or apartments in any unincorporated area of Stanislaus County
unless they have been requested to.
(Ord. CS 111 §9, 1985)
Every person violating or failing or neglecting or refusing to comply with any of the provisions of this chapter, shall be deemed guilty of an infraction, punishable in accordance with Section
1.36.020 of this code. Each such person shall be deemed guilty of a separate offense for each day during any portion of which the violation of, or failure, neglect or refusal to comply with any of the provisions of this chapter is committed, continued or permitted by such person. Designated county officers and employees are authorized to enforce the requirements of this chapter pursuant to Section
1.24.040 of this code.
(Ord. CS 111 §10, 1985; Ord. CS 459 §5, 1991)
If any section, subsection, sentence, clause, or phrase of this
chapter is for any reason held to be unconstitutional or unlawful,
the board of supervisors declares that it would have passed the ordinance
codified in this chapter irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be unconstitutional
or unlawful.
(Ord. CS 111 §11, 1985)