For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
means a vehicle maintained for the transportation of persons
for hire, compensation or profit, or designed, used or maintained
primarily for the transportation of property. Passenger vehicles which
are not used for the transportation of persons for hire, compensation
or profit are not commercial vehicles.
means and includes every person who drives or; is in actual
charge and control of any vehicle or commercial vehicle from which
street vending takes place.
includes items and products of every kind and description,
including all food, produce and beverage items.
means a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular travel.
means any device moved exclusively by human power, including
but not limited to, any pushcart, stand, display, showcase, rack,
pedal-driven cart, wagon, bicycle, tricycle or other wheeled container
or conveyance.
means and includes every person having legal title to any
vehicle or commercial vehicle from which street vending takes place.
means any natural person, firm, partnership, association,
corporation or other entity of any kind or nature.
means a device by which any person or property may be propelled,
moved or drawn upon a highway, excepting a device moved exclusively
by human power or used exclusively upon stationary rails or tracks.
means the sale or offering for sale of any goods or merchandise
to the public from a vehicle or commercial vehicle.
means any person who engages in the act of street vending
from a vehicle or commercial vehicle or who drives or otherwise operates
any such vehicle or commercial vehicle for the purpose of street vending
therefrom.
(Ord. 1643 § 4, 1995; Ord. 2046 § 3, 2020)
It is unlawful for any person to engage in the act of street
vending within the city unless that person first obtains a street
vendor permit from the city and complies with all other provisions
of this chapter. Any person desiring to street vend within the city
shall first submit an application for a street vendor permit. A nonrefundable
processing fee and annual street vendor permit fee to be set by city
council resolution shall be submitted with the application. Such application
shall include, but not be limited to, the following information:
(1)
Name.
(2)
Applicant's height, weight, color of eyes and hair.
(3)
Written proof that the applicant is at least eighteen years of age.
(4)
Current home address of applicant.
(5)
The previous home addresses of applicant, if any, for the period
of five years immediately prior to date of application.
(6)
Business, occupation and/or employment history of applicant for the
five years immediately preceding the date of application.
(7)
Two sets of fingerprints taken by the Los Angeles County sheriff's
department or the Glendora police department.
(8)
Two prints of a recent passport-size photograph of applicant.
(9)
The name and address of the owner of the vehicle or commercial vehicle
to be used for street vending.
(10)
Any criminal convictions or offenses within the past ten years.
(11)
On applications made on, or after, the later of the date of the adoption
of the ordinance codified in this chapter, or the year immediately
prior to the application, any violations of this chapter.
(12)
The make, model and license plate number of all vehicles or commercial
vehicles which will be used by the street vendor.
(13)
A photograph of all vehicles or commercial vehicles which will be
used by the street vendor.
(14)
Such other information as may be reasonably required by the city.
(15)
A statement in writing by the applicant that he or she certifies
under penalty of perjury that the foregoing information contained
in the application is true and correct, said statement being duly
dated.
(16)
Authorization for the city and its agents and employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application.
Upon receipt of a fully completed application for a street vendor
permit and the applicable fees, the city shall review the information
and conduct a criminal background check for each street vendor listed
in the application.
(Ord. 1643 § 4, 1995; Ord. 2046 § 3, 2020)
The street vendor permit shall be approved, conditionally approved
or denied by the director of community development or designee based
on whether the following criteria have been met:
(1)
Payment of all applicable fees.
(2)
Receipt and approval by the city attorney of certificates of insurance
and endorsements for at least five hundred thousand dollars combined
single limit, certifying as to adequate liability insurance for the
specific street vending business which the street vendor will work
for or owns, including coverage for all individuals, property and
vehicles to be used in the street vending. If a street vendor will
not be using a vehicle or commercial vehicle to street vend, then
the certificate of insurance will not be required.
(3)
A finding that the street vendor has not been found guilty or pled
no contest to any of the following within the past five years: a crime
of moral turpitude; a drug-related misdemeanor or felony, including
but not limited to, the sale of a controlled substance; the sale,
distribution or display of obscene matter; indecent exposure; selling
or disposing of lottery tickets; gambling; or bookmaking.
(4)
A finding that, on, or after, the later of the date of the adoption
of the ordinance codified in this chapter or the year immediately
prior to the application, the street vendor has not had a street vendor
permit revoked or been found guilty of a violation of this chapter.
(5)
Accurate completion of the application.
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The decision of the director of community development or designee
is final.
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If the street vendor permit application is approved, the city shall issue a street vendor permit and street vendor identification card to each street vendor. The street vendor identification card shall include a photograph of the street vendor. The street vendor permit and street vendor identification card will be valid for a period of one year and must be renewed on or before the one year anniversary of the issuance of the permit if the street vendor wishes to continue street vending in the city. Nothing contained in this section shall be deemed to exempt or grant a waiver of any requirement set forth in Chapter 5.08 of this code.
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Any person found to have misrepresented any information on the
application will not be eligible to apply for a street vendor permit
for a period of one year.
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(Ord. 1643 § 4, 1995; Ord. 2046 § 3, 2020)
(a)
All street vendors vending fruits, vegetables, ice cream or other
foodstuffs shall be in possession of a valid Los Angeles County health
inspection sticker. If such foodstuffs are being vended from a vehicle
or commercial vehicle, the sticker shall be affixed to the lower right
side of the windshield of the vehicle or commercial vehicle.
(b)
While street vending, each street vendor who operates or vends from
a vehicle or commercial vehicle shall have on his or her person a
current valid state driver's license which he or she shall make available
for inspection by law enforcement officials upon request.
(c)
Each street vendor shall wear or carry his or her street vendor identification
card issued by the city in a visible position upon his or her person
at all times while street vending.
(d)
Street vendors may only street vend between the hours of eight a.m.
and six p.m. on weekdays (Monday through Friday), excepting holidays,
and between the hours of ten a.m. and six p.m. on Saturdays, Sundays
and holidays.
(Ord. 1643 § 4, 1995; Ord. 2046 § 3, 2020)
(a)
It is unlawful for any person to vend from any nonmotorized device
or operate any nonmotorized device for street vending purposes while
parked, stopped or standing upon any public street, highway or alley
in the city.
(b)
It is unlawful for any person to street vend from any vehicle or
commercial vehicle unless the driver of such vehicle or commercial
vehicle has brought such vehicle to a complete stop and is lawfully
parked adjacent to a curb. Such vehicle or commercial vehicle shall
be deemed to not be lawfully parked for purposes of this chapter if
it is parked in any of the following locations:
(1)
Within an intersection;
(2)
On a crosswalk;
(3)
Within an area designated as "No Parking" by either signage or a
curb painted red;
(4)
Within fifteen feet of the driveway entrance to a fire station;
(5)
In front of a public or private driveway;
(6)
On a sidewalk;
(7)
Alongside or opposite any street or highway excavation or obstruction
when stopping, standing or parking would obstruct traffic;
(8)
On the roadway side of any vehicle stopped, parked or standing at
the curb or edge of a highway;
(9)
Alongside curb space designated for the loading and unloading of
bus passengers;
(10)
Upon a bridge;
(11)
In front of that portion of a curb which has been cut down, lowered
or constructed to provide wheelchair access and which has been designated
as such by either signage or red paint on the curb;
(12)
The posted speed limit on the public street or highway exceeds thirty-five
mph.
(c)
It is unlawful for any person to street vend:
(1)
Before the hour of eight a.m. or after the hour of six p.m. on weekdays
(Monday through Friday), excepting holidays, and before the hour of
ten a.m. and after six p.m. on Saturdays, Sundays and holidays;
(2)
Within one thousand feet of any school property;
(3)
In any manner that impedes the flow of traffic;
(4)
In any manner that impedes the flow of pedestrians on any sidewalk.
Street vendors shall allow at least five feet clear of pedestrian
access exclusive of any customer transaction area.
(d)
It is unlawful for any street vendor or owner to drive or cause to
be driven any vehicle or commercial vehicle used for street vending
which is in a defective, unsafe or unsanitary condition. Every vehicle
or commercial vehicle used for street vending shall be subject to
inspection by any officer of the city at all times during its operation.
(Ord. 1643 § 4, 1995; Ord. 2046 § 3, 2020)
Subject to the provisions of Sections 10.16.040, 10.16.050, 10.16.060 and 10.16.070 of this code, this chapter shall not be construed to prohibit any person from vending from any vehicle or commercial vehicle when such vehicle or commercial vehicle is located entirely upon private property and is otherwise being operated in compliance with this chapter and any other applicable state or local laws; provided, however, that this section shall not be construed to permit trespass upon private property, nor shall it be construed to eliminate the need of a vendor to obtain the permission of a private property owner on whose property such vendor may operate.
(Ord. 1643 § 4, 1995; Ord. 2046 § 3, 2020)
In addition to any other penalties of law, any vendor found to be in violation of this chapter or who has been convicted or pled no contest to any of the violations outlined in Section 1.01.110 and Section 10.76.050 shall be subject to the following:
(1)
Revocation of the current street vendor permit and street vendor
identification card.
(2)
Requirement that the street vendor discontinue street vending and
vacate the area.
(3)
Should any street vendor fail to discontinue street vending at the
direction of any officer of the city, all property associated with
the street vendor's operation shall be impounded at the street vendor's
cost.
In the event that property has been seized, said property will
be held until all financial obligations related to impound costs and
any other legally imposed fees, fines or costs have been met.
(Ord. 1643 § 4, 1995)
In the event of revocation of a street vendor permit, the permittee
shall not be eligible to apply for a new street vendor permit for
a period of one year from the date of revocation.
(Ord. 1643 § 4, 1995; Ord. 2046 § 3, 2020)
The following activities are exempt from the operation of this
chapter:
Any person(s) engaged in the act of street vending, whether
licensed as a street vendor(s) or not, who are an integral part of
and sponsored by:
(Ord. 1643 § 4, 1995)
Any person or persons who shall violate the provisions of this chapter shall be guilty of a violation of the Glendora Municipal Code up to and including a misdemeanor and subject to punishment in accordance with Section 1.01.110 of this code. Each and every day during any portion of which the provisions of this chapter are violated shall constitute a separate offense and may be punished accordingly.
(Ord. 1643 § 4, 1995; Ord. 2046 § 3, 2020)
