The following words and terms as used in this chapter shall
have the following meanings:
means and includes items and products of every kind and description,
including all foods, produce and beverage items.
means any device moved by human power including, but not
necessarily limited to, any pushcart, wagon, bicycle, tricycle, shopping
cart, or other wheeled container or conveyance.
means any person or entity owning, operating, or otherwise
controlling any business involving the vending of goods or merchandise
from a vehicle.
means any natural person, any firm, any partnership, any
association, corporation, or other entity of any kind or nature.
means any real property, or interest therein, owned, leased,
operated, or otherwise controlled by the city, either wholly or jointly
with another public agency, other than a street, alley, parkway or
sidewalk.
means any property which, by ordinance of the city, is then
currently classified into any one of the residential zones specified
in this code in which residential dwellings are an expressly permitted
use.
means any lot or parcel of property any portion of which
is being law-fully used as a residential dwelling.
means as defined in the Vehicle Code of the state of California,
and shall not include any human powered device.
means the sale or offering for sale of any goods or merchandise
to the public from a vehicle.
means any person who engages in the act of vending from a
vehicle or who drives or other-wise operates any such vehicle for
the purpose of vending therefrom.
(Ord. 797-95 § 1)
It is unlawful for any person to engage in vending from a vehicle
(for purposes of this section, vehicles include human powered devices),
on private property, except in accordance with all applicable provisions
of this code and in compliance with each of the following requirements:
A.
Each
operator causing the sale of or offering for sale any produce or other
item for which a food handling permit or other health permit is required
by law shall possess and at all times display such required permit(s)
in conspicuous view upon such vehicle.
C.
Each vendor shall possess and at all times maintain upon his or her person a current vendor's permit issued pursuant to Section 10.30.060 of this chapter in order to sell or offer for sale any goods or merchandise from any vehicle pursuant to this section.
D.
Each operator shall not permit or allow any vendor under such operator's control, direction, charge or employ to vend any goods or merchandise from any vehicle pursuant to this section unless such vendor possesses a current vendor's permit issued pursuant to Section 10.30.060 of this chapter.
E.
Each
operator must obtain written permission of the property owner to vend
on such property. Written permission must be maintained by the vendor
on the vending vehicle and be readily open to inspection by city officials.
The written permission of the property owner must include the name,
address, telephone number and the current city business license number
of the property owner.
F.
No
vehicle shall be parked, stopped or left standing in any manner which
blocks or impedes vehicular or pedestrian traffic or obstructs required
parking spaces.
G.
Each
operator must have permission for employees of the food truck to use
a readily available toilet and hand washing facility as required by
state law and shall otherwise comply with the California Health and
Safety Code standards.
H.
If
food truck sales events occur for more than one hour in any location
each operator must have permission for employees and customers of
the food truck to use a readily available toilet and hand washing
facility and shall otherwise comply with the California Health and
Safety Code standards. A "food truck sales event" for the purpose
of this section means a gathering of two or more food trucks on private
property with tables and chairs.
(Ord. 797-95 § 1; Ord. 1085-13 § 2)
It is unlawful for any person to sell or offer for sale, or
operate a human powered device or conduct any business for the purpose
of causing the sale of or offering for sale, any goods or merchandise
from any human powered device, parked, stopped, or standing upon any
public street, alley, parkway, sidewalk or other public property in
the city.
(Ord. 797-95 § 1)
It is unlawful for any person to sell or offer for sale, or
operate any vehicle or conduct any business for the purpose of causing
the sale of or offering for sale, any goods or merchandise from any
vehicle parked, stopped, or standing upon any public street, alley,
parkway, sidewalk, or other public property in the city except in
accordance with all applicable provisions of this code and in compliance
with each of the following requirements:
A.
Such
vending shall be only by means of a vehicle duly registered and licensed
by the state of California. Vehicles operating on any street in a
residential zone or in the median parking area of Hawthorne Boulevard
must have an unladen weight of less than six thousand pounds.
B.
Such
vending shall be limited to only public streets, where the posted
speed limit is thirty-five miles per hour or less, and shall not be
permitted upon any alley, parkway, sidewalk or other public property.
C.
Each
operator causing the sale of or offering for sale any produce or other
item for which a food handling permit or other health permit is required
by law shall possess and at all times display such required permit(s)
in conspicuous view upon such vehicle.
E.
Each vendor shall possess and at all times maintain upon his or her person a current vendor's permit issued pursuant to Section 10.30.060 of this chapter in order to sell or offer for sale any goods or merchandise from any vehicle pursuant to this section.
F.
Each operator shall not permit or allow any vendor under such operator's control, direction, charge or employ to vend any goods or merchandise from any vehicle pursuant to this section unless such vendor possesses a current vendor's permit issued pursuant to Section 10.30.060 of this chapter.
G.
No
vending from a vehicle shall be permitted within sixty feet of any
intersection of two or more public streets nor within five hundred
feet of any public or private elementary, junior high, or high school.
H.
No
minor under the age of sixteen shall ride in or upon a vehicle that
is engaged in or about to be engaged in vending.
I.
No
vehicle shall be parked, stopped or left standing in any manner which
blocks or impedes vehicular access to any driveway or restricts the
free movement of other vehicles upon the public street.
J.
Each
vehicle shall be equipped with a trash receptacle of a size adequate
to accommodate all trash and refuse generated by such vending.
K.
Each
vendor shall pick up and deposit in the trash receptacle on the vehicle
any paper, cups, wrapper, litter, or other refuse of any kind which
were a part of the goods or merchandise supplied from the vehicle
and which have been left or abandoned within twenty-five feet of such
vehicle on any public property other than in a trash receptacle provided
for such purposes. No vendor or operator shall dispose of any trash
or refuse in any such public or private trash receptacle other than
a trash receptacle owned, operated, or otherwise provided by and under
the control of such vendor or operator.
L.
No
vending shall be permitted except after the vehicle has been brought
to a complete stop and parked adjacent to the curb in a lawful manner.
M.
Any
vehicle from which vending occurs pursuant to this section shall have
the name, address, and telephone number of the holder of the operator's
permit permanently affixed on both the left and right sides of the
vehicle. Such information shall be in letters not less than four inches
in height and shall be in contrast to the color of the background
upon which the letters are placed.
N.
No
amplified sound making devices shall be used to draw attention to,
or announce the presence of, such vehicle upon any public street immediately
contiguous to any residentially zoned property within the city. Nonamplified
sound making devices shall be permitted for such purposes provided:
(1) such sounds shall not be made while the vehicle is stopped, parked,
or otherwise in a stationary position; and (2) such sounds shall not
be audible to a person with normal hearing for a distance of more
than two hundred feet.
O.
Any
operator or vendor using scales or any other weighing or measuring
devices shall have all such scales and devices inspected and sealed
by the weights and measures division of Los Angeles County.
(Ord. 797-95 § 1; Ord. 1085-13 § 3; Ord. 1097-14 § 1)
Any person desiring to obtain an operator's permit to conduct
or otherwise operate the business of vending goods or merchandise
from a vehicle pursuant to this section shall make application to
the city finance department. Such application shall be accompanied
by a nonrefundable application fee in such amount as established by
resolution of the city council. Any such permit shall be required
to be renewed annually and a separate nonrefundable application fee
paid yearly for such renewal application. Each applicant for an operator's
permit shall furnish the following information and documentation as
part of or in conjunction with such application:
A.
The
present or proposed address from which the business is to be conducted;
B.
The
full true name under which the business will be conducted;
C.
The
full true name and any other names used by the applicant;
D.
The
present residence and business addresses and telephone numbers of
the applicant;
E.
A description
of the goods or merchandise which the business will vend;
F.
The
number of vehicles to be owned, operated, or controlled by the applicant
and the makes, body styles, years, serial and engine numbers, state
license plate numbers, and names and addresses of the registered and/or
legal owners of each vehicle;
G.
A description
of the logo, color scheme, insignia and any other distinguishing characteristics
of applicant's vehicles;
H.
The
full true names and residence addresses of all persons employed or
intended to be employed or with whom the applicant has contracted
or intends to contract as drivers and/or vendors and the respective
capacities in which they will be employed including the California
driver's license number of all persons who will be employed or engaged
as drivers of vehicles in conjunction with such business;
I.
The
applicant, if an individual; or each of the directors, officers or
stockholders holding more than five percent of the stock of the corporation;
or each of the partners including limited partners, or profit interest
holders, managers, or other persons principally in charge of the operation
of the existing or proposed business shall also furnish the following
information:
1.
California
driver's license or social security number of the above-described
natural persons,
2.
Date
of birth of the above-described natural persons,
3.
The
permit history of the above-described natural persons for the three-year
period immediately preceding the date of the filing of the application,
including whether such person, in previously operating in this or
any other city, county, state, or territory, has ever had any similar
license or permit, or franchise revoked or suspended, and if so, the
circumstances of such suspension or revocation,
4.
All
criminal convictions, including pleas of guilty or nolo contendere,
suffered by the applicant including ordinance violations, stating
the date, place, nature, and sentence of each such conviction;
J.
Such
other identification and/or information as the city finance department
may require in order to discover the truth of the matters required
to be set forth in the application.
(Ord. 797-95 § 1)
Any person desiring to obtain a vendor's permit to engage in
the vending of goods or merchandise from a vehicle, or driving of
such vehicle, pursuant to this section shall make application to the
city finance department. Such application shall be accompanied by
a nonrefundable application fee in such amount as established by resolution
of the city council. Any such permit shall be required to be renewed
annually and a separate nonrefundable application fee paid yearly
for such renewal application. Each applicant for a vendor's permit,
or an operator or applicant for an operator's permit on behalf of
such proposed vendor, shall furnish the following information and
documentation as part of or in conjunction with such application:
A.
The
present or proposed address from which the business is to be conducted;
B.
The
full true name under which the business will be conducted;
C.
The
full true name and any other names used by the applicant;
D.
The
present residence address and telephone number of the applicant;
E.
California
driver's license number of the applicant;
F.
Acceptable
written proof that the applicant is at least eighteen years of age;
G.
The
applicant's height, weight, color of eyes and hair, and date of birth;
H.
The
business, occupation or employment history of the applicant from the
three-year period immediately preceding the date of the application;
I.
The
permit history of the applicant, for the three-year period immediately
preceding the date of the filing of the application, including whether
such applicant, in previously operating in this or any other city,
county, state, or territory, has ever had any similar license or permit,
or franchise revoked or suspended, and if so, the circumstances of
such suspension or revocation;
J.
All
criminal convictions, including pleas of guilty or nolo contendere,
suffered by the applicant, including ordinance violations, and traffic
offenses;
K.
Such
other identification and/or information as the city finance department
may require in order to discover the truth of the matters required
to be set forth in the application;
M.
If
the applicant is an individual who intends to own, operate and drive
his or her own vehicle, it is not necessary to pay a fee for the vendor's
permit application separate from the fee period for the operator's
permit application.
(Ord. 797-95 § 1)
The city finance department shall refer all applications for operator's permits and vendor's permits made pursuant to this chapter to the Los Angeles County sheriff's department for investigation and recommendation. The sheriff's department shall have a reasonable period of time within which to investigate the application and background of the applicant for a vendor's permit or an operator's permit. The sheriff's department shall, within thirty days after the date of the filing of the application, render a written recommendation to the city finance department as to approval or denial of the application for the permit based upon the criteria set forth in Section 10.30.080.
(Ord. 797-95 § 1)
The city finance department within ten days after receiving
the application and aforementioned recommendation shall grant the
vendor's permit or operator's permit only if it finds that all of
the following requirements have been met:
1.
The
required fees have been paid;
2.
The
application conforms in all respects to the provisions of this chapter;
3.
The
applicant has not made a material misrepresentation of fact in the
application;
4.
The
applicant has not had a similar permit denied or revoked by the city
of Lawndale within a period of one year prior to the date of such
application;
5.
The
applicant if an individual; or any of the directors, officers or stockholders
holding more than five percent of the stock of the corporation; or
any of the partners, including limited partners, or profit interest
holder, manager or other person principally in charge of the operation
of the existing or proposed business of vending from a vehicle or
a natural person employed or contracted with to be a driver or vendor
has not been convicted or pleaded nolo contendere or guilty within
five years prior to his application for a permit to a misdemeanor
or felony crime of moral turpitude or drug-related misdemeanor or
felony crime, including but not limited to: the sale of a controlled
substance specified in California Health and Safety Code Sections
11054 through 11058; the sale, distribution or display of harmful
or obscene matter; indecent exposure; or in the case of applications
for a vendor's permit by a person who will be a driver of a vehicle
pursuant to this section, alcohol or drug-related traffic offenses.
The investigating city employee is specifically authorized to obtain
state summary criminal history record information as provided for
in California Penal Code Section 11105. Any complaint for the above-listed
charges pending before a court of law shall cause the application
to be considered pending until adjudication of the complaint.
(Ord. 797-95 § 1)
A.
If the city finance department does not find that all of the requirements set forth in Sections 10.30.050, 10.30.060, and 10.30.080, as applicable have been met, the finance manager or his or her designee, shall deny the application for the vendor's or operator's permit. In the event the application for the permits is denied by the city finance department, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served upon the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit.
B.
Any
applicant whose application for a vendor's or operator's permit has
been denied by the city finance department may appeal such denial
to the city manager by filing a written notice of appeal with the
city finance department within ten days following the date of service
of the decision and payment of the appeal fee prescribed by resolution
of the city council. The date of filing of said notice of appeal shall
be the date said notice and appeal fee are received by the city finance
department.
C.
No
person or entity whose permit is finally denied shall be eligible
to apply for a new permit for a period of one year following such
final denial.
(Ord. 797-95 § 1)
Any vendor's or operator's permit may be revoked by the city
finance department for good cause shown including but not necessarily
limited to any of the following reasons:
A.
Falsification
of any information supplied by the permittee upon which issuance of
the permit was based;
B.
Failure
of the permittee, or any employees or subcontractors of the permittee,
to comply with the regulations set forth in this section;
C.
Conviction
of a violation, or a plea of guilty or nolo contendere, by the permittee,
or any employee, subcontractor or independent contractor of the permittee,
of any state law or municipal ordinance while in the course of conducting
vending operations from a vehicle pursuant to the permit;
D.
Conviction
of a violation, or a plea of guilty or nolo contendere, by the permittee
of any applicable provision or requirement of this section;
E.
No such revocation shall become effective until expiration of the appeal period specified in Section 10.30.110. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. Services shall be deemed made on the permit holder on the date personally delivered or on the date of mailing. A permit holder may appeal such revocation to the city manager by filing a written notice of appeal with the city finance department within ten days following the date of service of such decision and payment of the appeal fee as prescribed by resolution of the city council. The date of filing of said notice of appeal shall be the date said notice and appeal fee are received by the city finance department. If a timely appeal is filed, the revocation shall be stayed pending the decision of the city manager. Otherwise the suspension or revocation shall become effective immediately upon expiration of said appeal period;
F.
No
person or entity whose permit is revoked shall be eligible to apply
for a new permit for a period of one year following such revocation.
(Ord. 797-95 § 1)
Upon receipt of a timely appeal pursuant to Sections 10.30.090 or 10.30.100, the city manager, or his or her designated representative, shall hear such appeal within twenty days following the date of such appeal and shall give the appellant not less than five days' advance notice of the date of such hearing. The decision of the city manager shall be based upon the same criteria as set forth in this chapter which are applicable to the issuance or revocation of such permit. The appellant shall be notified of the decision of the city manager by mailed, written notice. The decision of the city manager shall be based upon the same criteria as set forth in this chapter which are applicable to the issuance or revocation of such permit. The appellant shall be notified of the decision of the city manager by mailed, written notice. The decision of the city manager shall be final. No revocation of a permit pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the city manager's decision; provided, however, no permit holder shall operate during any period of time in which the insurance coverage required by this section is not in full force and effect.
(Ord. 797-95 § 1)
The requirements of this chapter shall not apply to:
A.
Any
person delivering any goods or merchandise by vehicle where such goods
or merchandise has been ordered in advance for such delivery from
any business located at a permanent location and which goods or merchandise
is being delivered from such location to the customer by vehicle,
regardless of the point of sale thereof;
B.
Any
person engaged in the vending of goods or merchandise on public property
where such person has been authorized by the city to engage in such
activity by a permit, lease, real property license, agreement, or
other entitlements issued by the city for such purpose;
C.
Charitable
solicitations conducted by or for nonprofit organizations exempt under
26 U.S.C. Section 501(c)(3).
(Ord. 797-95 § 1; Ord. 812-96 § 20)
Notwithstanding any other provision of this code to the contrary:
A.
Any violation of Section 10.30.040(H), (I), (J) or (M) shall be punishable as a civil complaint pursuant to the provisions of Section 10.30.140 of this chapter.
B.
Except as set forth in subsection A, any violation of Section 10.30.040 shall constitute an infraction punishable in accordance with the provisions of California Government Code Section 36900, or any successor provision thereto, and Section 1.08.030 of this code.
(Ord. 797-95 § 1)
All police officers and city code enforcement officers are authorized
to give citations to any and all persons violating any of the provisions
of this chapter and any such citation shall be deemed to be a civil
complaint charging violations of this chapter and requiring payment
of the penalty set forth therein. Violations of this chapter shall
be processed as civil penalties in accordance with California Vehicle
Code Sections 40200 et seq., or any successor provision thereto.
(Ord. 797-95 § 1)
All police officers and parking control officers are authorized
and empowered to remove or cause to be removed all vehicles parked,
caused to be parked, or left parked upon any street or public parking
lot or area contrary to the provisions of this chapter, or illegally
parked, and to store the vehicle, and the owner or operator of the
vehicle shall be liable for any reasonable towing and storage charges.
(Ord. 797-95 § 1)
This chapter shall not be construed to permit or allow mobile marijuana dispensaries or marijuana delivery within the city, which are prohibited pursuant to Chapter 5.80 of this code (Mobile Marijuana Dispensaries and Marijuana Delivery Prohibited).
(Ord. 1119-16 § 5)
