HomeMy WebLinkAbout1994-09-13 - AGENDA REPORTS - COUNTY BUSINESS LICENSES CODEAGENDA REPORT
City Mana€
Item to be
Steve Stark SS
PUBLIC HEARING
DATE: September 13, 1994
SUBJECT: ADOPTION OF AMENDMENTS TO THE COUNTY BUSINESS
LICENSES CODE, BY REFERENCE, ADOPTION OF A CITY
PEDDLER AND SOLICITOR PERMIT CHAPTER 11.37, AND A
REPEAL OF THE CITY'S PEDDLING ON HIGHWAYS CHAPTER 11.38
OF THE MUNICIPAL CODE.
DEPARTMENT: Finance
BACKGROUND
At incorporation, the City of Santa Clarita adopted, by reference, the County of Los Angeles
Business Licenses Code (Title 7). Since City adoption of this code, the County has made more
than 100 amendments to this code. While the majority of the amendments are minor items
for clarification, the County did repeal solicitors and peddlers licensing for uses other than
commercial motor vehicles and special events. City Council directed staff to research the
issue of peddler and solicitor licensing and enforcement because of an increase in complaints
about peddlers in the City
The Finance. Department created a public participation plan to seek input on this issue. The
City met with the Canyon Country Chamber of Commerce, the SCV Chamber of Commerce,
the Public Information Resource Group, the Valencia Industrial Association, and various
individuals. Staff also conducted two meetings, open to the general public seeking input, on
this issue.
ACTION
At the meeting of August 23, 1994, the City Council received the staff report outlining input
received from the community, and staffs recommendations regarding changes to the current
City code. City Council approved Resolution No. 94-96 establishing a fee schedule for a City
Peddler and Solicitor Permit, introduced Ordinance 94-10, and directed that a public hearing
be scheduled to consider adopting the County amendments to the County Business Licenses
Code, by reference, Government Code 5022.2. The Council also introduced, waived further
reading, and passed to the second reading Ordinance 94-11 to adopt a City Peddler and
Solicitor Permit Chapter 11.37, and to repeal the City's Peddling on Highways Chapter 11.38
of the Municipal Code. City staff was also directed to monitor the new Peddler and Solicitor
Permit for a period of 90 days, and report back to Council regarding its costs and effectiveness.
Adopted: y
Item:
RECOMMENDATION
Based on direction from City Council at the August 23, 1994 meeting, staff recommends:
1. Open the public hearing, take testimony, waive further reading, and adopt Ordinance
No. 94-10 to adopt, by reference, the amendments to the County Business Licenses
Code as adopted by the County between August 11, 1988 and January 18, 1994.
2. Adopt Ordinance No. 94-11 amending the Santa Clarita Municipal Code to add
Chapter 11.37 of Title 11 (Peddlers and Solicitors) and to repeal Chapter 11.38 of Title
11 (Peddling on Highways), relating to Public Peace and Welfare.
ATTACHMENTS
Ordinance 94-10
Ordinance 94-11
READING FILE
Copy of the County Business Licenses Code Title 7, as amended through January 18, 1994.
Procedures for Permit Issuance.
A Sample City Peddler and Solicitor Permit.
rount;Vbueilar2.lhe
Public Hearing Procedure
1. Mayor opens hearing
*States purpose of hearing
2. City Clerk reports on hearing notice
3. Staff report
4. Proponent Argument (30 minutes)
S. Opponent Argument (30 minutes)
6. Five-minute rebuttal (Proponent)
• Proponent
7. Mayor closes public testimony'
8. Discussion by Council
9. Council decision
10. Mayor announces decision
CITYOF SANTA CLARITA
NOTICE OF PUBLIC HEARING
INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
TO ADOPT, BY REFERENCE, AMENDMENTS TO THE COUNTY BUSINESS
LICENSES CODE (TITLE 7)
PUBLIC NOTICE IS HEREBY GIVEN:
At the regular City Council Meeting of August 23, 1994, the City Council introduced
Ordinance 94-10 adopting, by reference, the amendments to the Los Angeles County
Business Licenses Code (Title 7) that have occurred between August 11, 1988 and
January 18, 1994 as amendments to the Municipal Code Title 5. At that meeting the
Council set this proposed ordinance for public hearing in accordance with Government
Code Sections 50022.2 and 50022.3.
The public hearing will be held before the City Council of the City of Santa Clarita to
consider and receive protests relating to the intention of the Council to adopt on
Ordinance 94-10. The purpose of this ordinance is to adopt, by reference, the
amendments which Los Angeles County has adopted in order to bring the City's Business
Licenses Code up-to-date with the County'sBusiness Licenses Code as existing on
January 18, 1994. The majority of the County amendments are housekeeping in nature;
however, the County did repeal certain sections relating to licensing of certain types of
peddling and soliciting activities. Should the City Council adopt this ordinance, certain
peddling and soliciting activities would no longer be eligible for business licensing;
however, these peddling and soliciting activities would be eligible to receive City of Santa
Clarita Peddler and Solicitor Permits under Ordinance No. 94-11.
The public hearing will be held by the City Council in the City Hall Council Chambers,
23920 Valencia Boulevard, First Floor, the 13th day of September, 1994, at or after
6:30 p.m.
Proponents, opponents and any interested persons may be heard on this matter at this
time. A summary of the County amendments to Title 7 Business Licenses occuring
between August 11, 1988 and January 18, 1994 and now being considered for adoption is
available for public review in the City Clerk's office. Copies of the County Code Title.7
Business Licenses as amended by the County through January 18, 1994 is available for
public review in the City Clerk's office. Further information may be obtained by
contacting the City Clerk's office, Santa Clarita City Hall, 23920 Valencia Boulevard,
Suite 300, Santa Clarita, CA 91355.
If you wish to challenge the action taken on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City of Santa Clarita at; or prior
to, the public hearing.
Dated: August 24, 1994
Donna M. Grindey
City Clerk
Publish Dates; August 29, 1994
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ORDINANCE NO. 94-11
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE SANTA CLARITA MUNICIPAL CODE TO REPEAL CHAPTER 11.38
OF TITLE 11 (PEDDLING ON HIGHWAYS) AND TO ADD CHAPTER 11.37 OF TITLE
11 (PEDDLERS AND SOLICITORS), RELATING TO PUBLIC PEACE AND WELFARE
WHEREAS, the City of Santa Clarita (the "City") adopted, by reference, the Los
Angeles County (the "County") Title 7 Business Licenses Code; and
WHEREAS, the County Business Licenses Code does not include provisions for
solicitors and peddlers licensing for uses other than commercial motor vehicles and special
events; and
WHEREAS, the City Attorney has recommended that Chapter 11.38, Peddling on
Highways, of the Santa Clarita Municipal Code be repealed and the letter stating this opinion
is on file in the City Finance Department; and
WHEREAS, the City desires to allow for the permitting of other solicitors and
peddlers; and
WHEREAS, the County administers services relating to business licensing for the City
under the General Services Agreement; and
WHEREAS, the City desires to enter into an agreement subsequent to the General
Services Agreement with the County for the purpose of having the County administer a City
of Santa Clarita Peddler and Solicitor Permit; and
WHEREAS, this amendment is statutorily exempt from the California Environmental
Quality Act as a ministerial action (Section 15268; CEQA)
NOW, THEREFORE, the City Council of the City of Santa Clarita does ordain as
follows:
SECTION 1. The Santa Clarita Municipal Code is hereby amended to repeal Chapter
11.38, Peddling on Highways, of Title 11, Public Peace and Welfare.
SECTION 2. The Santa Clarita Municipal Code is hereby amended to add Chapter
11.37 Peddlers and Solicitors to read as follows:
CHAPTER 11.37
PEDDLERS AND SOLICITORS
Sections:
11.37.010 Patriotic emblem defined.
11.37.020 Peddler and Solicitor Permit -- Permit Required
11.37.030 Peddlers of edible products -- Permit requirements.
11.37.040 Peddlers and vendors of merchandise -- Permit requirements.
11.37.050 Exceptions to Section 11.37.040,
11.37.070 Peddlers of edible products -- Moving location required when.
11.37.071 Peddlers of edible products near schools.
11.37.080 Retail goods -- Principal's solicitor permit.
11,37.090 Retail goods -- Solicitors -- Permit required.
11.37.095 Retail goods -- Solicitors -- Hours of solicitation.
11.37.110 Patriotic emblems -- Effect of permit.
11,37.120 Patriotic emblems -- Peddling or seeking donations prohibited where.
11.37.010 Patriotic emblem defined, 'Patriotic emblem" means:
A. Any flag, rosette, button, sticker, ribbon, token, toy, trinket, souvenir,
or any other article or thing which displays the national colors or which purports to be sold
by or to be sponsored by any real or purported organization of war veterans.
B. Any "poppy;' "badge" or "label," as those terms are defined in Section
538c of the Penal Code of California.
11.37.020 Peddler and Solicitor Permit -- Permit Required.
The peddler and solicitor permit shall be required for those non-commercial motor vehicle and
non -special event peddling and soliciting activities which are not eligible to receive a business
license under Title 5 of the City of Santa Clarita Municipal Code
11.37.030 Peddlers of edible products -- Permit requirements. Every individual,
whether as an employee or otherwise, engaged in the business of peddling, selling or
delivering liquids or edibles for human consumption from packs, baskets, handcarts, wagons
or other vehicles, either retail or wholesale, excepts dairy products and except persons selling
or delivering or both, to retail or wholesale establishments for resale, agricultural products
raised by them, shall first procure a permit and pay and annual peddler and solicitor permit
fee in the amount set forth by the City of Santa Clarita and an annual Health Permit fee in
the amount set forth by the County.
11.37,040 Peddlers and vendors of merchandise -- Permit requirements. Every
hawker, itinerant peddler, itinerant vendor or other individual, whether as an employee or
otherwise, engaged in the business of peddling or selling goods, wares or merchandise from
packs, stands, handcarts, wagons or other vehicles, except dairy products, and not otherwise
provided for in this chapter, shall first procure a permit and pay a permit fee in the amount
set forth by the City of Santa Clarita.
11.37.050 Exceptions to Section 11.37.040. Section 11.37.040 does not apply to;
A. Merchants having a fixed place of business in the City of Santa Clarita;
B. Employees of such merchants;
C. Farmers selling farm products produced by them.
11.37.070 Peddlers of edible products --Moving location required when. A person
engaged in the business of peddling, selling or delivering liquids or edibles for human
consumption from packs, baskets, handcarts, wagons or other vehicles, either retail or
wholesale, shall not remain or permit his pack, basket, handcart, wagon or other vehicle to
remain in any one location for the purpose of sale or display of liquids or edibles for more
than 30 minutes during any 24-hour period or return to the same location within any 24-hour
period unless during all of the time during which he is at such location he keeps the premises
in a neat and orderly condition, picks up and disposes in a sanitary manner of all debris,
garbage, papers, litter and other things which detract from the sanitation, safety and
appearance of such premises, and either:
A. All food products except liquids are sold only in sealed packages or from
sanitary dispensers; or
B. Toilet and handwashing facilities are available to the said licensee
within a distance of 300 feet from the location, which facilities meet with the approval of the
health officer.
11.37.071 Peddlers of edible products near schools. Any person described in
Section 11.37.070 of this code shall not engage in business within 1,000 feet from any school
property boundary, while children are going to or leaving such school during opening or
closing hours or during the noon recess period.
11.37.080 Retail goods -- Principal's solicitor permit. A. Every person either
employing or contracting with one or more individuals to have such individuals solicit the
retail sale of any goods, wares, merchandise or services for future delivery may obtain a
principal's solicitor permit in the amount set forth by the City of Santa Clarita.
B. The City of Santa Clarita shall not issue such permit until the applicant
files with the City a list of all solicitors employed by the applicant or with whom the
applicant has contracted, and a signed agreement that the applicant, within five days
thereafter, will notify the City of Santa Clarita or its agent in writing of every change in
personnel of those soliciting for him or her.
11.37.090 Retail goods -- Solicitors -- Permit required. Every individual engaged
in the business of soliciting the retail sale of any goods, wares, merchandise or services for
future delivery shall first procure a permit and pay a permit fee in the amount set forth by
the City of Santa Clarita, with the exception of those permitted under Section 11.37.080,
11.37.095 Retail goods - Solicitors -- Hours of solicitation. Individuals engaged
in the business of soliciting the retail sale of any goods, wares, merchandise or services shall
not, and an agent or employee of any such person shall not, without a prearranged
appointment, solicit at any premises within the City of Santa Clarita as follows:
A. With the exception specified in Section 11.37.095(B), such soliciting shall
be prohibited between the hours of 8:00 p.m, and 8:00 a.m.
B. During the period when Daylight Saving Time, as authorized by the
Federal Uniform Time Act, as amended, is in effect, such soliciting shall be prohibited during
the hours of 8:30 p.m. and 8:00 a.m.
11.37.110 Patriotic emblems -- Effect of permit. A permit issued under this
Ordinance or any other ordinance does not permit the peddling, soliciting the sale of, or
soliciting or accepting contributions for the gift of any patriotic emblem contrary to this
chapter..
11.37.120 Patriotic emblems -- Peddling or seeking donations prohibited where.
A person shall not, in any public park or public place, or on or along any highway or
sidewalk, or in any entranceway abutting thereon, or by going from house to house or from
place to place, peddle, solicit the sale or solicit or accept contributions for the gift of any
patriotic emblem; provided, however, that a person in an entranceway or on other private
property adjacent to a public highway or sidewalk may solicit persons passing along such
highway or sidewalk by such entranceway or other private property to come onto such private
property for the purpose of examining or purchasing, or both, any goods, wares or
merchandise there offered for sale.
SECTION 3, Chapter 11.37 of the City of Santa Clarita Municipal Code shall also be
known as the 'Peddler and Solicitor Ordinance."
SECTION 4. The City Manager is authorized to enter into an agreement with the
County for purposes of administering the City of Santa Clarita Peddler and Solicitor Permit.
SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this
1994.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA
day of
I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the above and foregoing
Ordinance No. was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the day of , 1994. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the day of 1994 by the following vote, to
wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
City Clerk
advance\busiord2.1hs
ORDINANCE NO. 94-10
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
INCORPORATING, BY REFERENCE, LOS ANGELES COUNTY AMENDMENTS TO
TITLE 7 BUSINESS LICENSES OF THE LOS ANGELES COUNTY CODE
WHEREAS, the City of Santa Clarita (the "City") adopted, by reference, the Los
Angeles County (the "County") Title 7 Business Licenses Code as Title 5 of the City of Santa
Clarity Municipal Code on August 11, 1988 through adoption of Ordinance No. 88-37; and
WHEREAS, the City has a five year General Services Agreement with the County to
administer miscellaneous and sundry services which shall run for a period ending
June 30, 1998; and
WHEREAS, the County administers services relating to business licensing for the City
under the General Services Agreement; and
WHEREAS, the County has amended the Title 7 Business Licenses since the City
adopted the Los Angeles County Code, by reference, on August 11, 1988; and
WHEREAS, the County amendments to Title 7 Business Licenses have included the
repeal of solicitors and peddlers licensing for uses other than commercial motor vehicles and
special events; and
WHEREAS, the City will consider amending Title 11 of the City's Public Peace and
Welfare Code to allow for the permitting of other solicitors and peddlers; and
WHEREAS, the City Council introduced the amendments to the Title 7 Business
Licenses which have been adopted by the County between August 11, 1988 and January 18,
1994 for consideration for adoption, by reference, on August 23, 1994; and
WHEREAS, the City may wish to enter into an agreement with the County for the
purpose of having the County administer a City of Santa Clarita Peddler and Solicitor Permit
if the Council adopts provisions for such a permit; and
WHEREAS, this amendment is statutorily exempt from the California Environmental
Quality Act as a ministerial action (Section 15268, CEQA),
NOW, THEREFORE, the City Council of the City of Santa Clarita does ordain as
follows:
SECTION 1. The amendments to the Los Angeles County Title 7 Business Licenses
Code adopted by the County between August 11, 1988 and January 18, 1994 are hereby
adopted, by reference, as the Business Licenses Code for the City of Santa Clarita to the
extent applicable to the City and shall remain in full force and effect indefinitely from the
effective date of this ordinance, or until the City Council enacts an ordinance superseding all
or any portion of these Los Angeles County Business Licenses Code provisions..
A summary of the changes to the County Business Licenses Code Title 7 occurring
between August 11, 1988 and January 18, 1994 is on file in the Finance Department.
A copy of such Los Angeles Business Licenses Code as amended through County
Ordinance 94-009 passed January 18, 1994 by the County Board of Supervisors is on file in
the office of the City Clerk, shall be maintained by such clerk, and shall at all times be
available for public inspection.
SECTION 2. The following amendments are made to the County of Los Angeles Code
amendments referenced herein:
(a) Whenever 'Board of Supervisors" or 'Board" is used, it shall mean the Santa
Clarita City Council;
(b) Whenever the geographical limits of the County of Los Angeles are used, they
shall mean the geographical limits of the City of Santa Clarita, unless a different
geographical area is clearly indicated by the context;
(c) Whenever "County", "County of Los Angeles" or "unincorporated territory of
the County of Los Angeles" is used, it shall mean the City of Santa Clarita.
(d) For Chapter 7.04, 7.06, 7.08, 7.10, and 7.12, whenever "license or 'licensee"
is used, it shall also mean "permit" or "permittee" consistent with the intent of City
Ordinance No. 94-11, establishing a City Peddler and Solicitor Permit.
SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
PASSED,
ATTEST:
City Clerk
APPROVED
, 1994.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
AND ADOPTED this day of
Mayor
I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the above and foregoing
Ordinance No. was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the day of 1994. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the day of 1994 by the following vote, to
wit:
AYES: COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
advance\bmior .lha
City Clerk