ORDINANCE NO. 2020-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTERS 5.22 OF THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO MOBILE VENDORS, CHAPTER 5.81 OF THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO VENDING AND DISPLAY DEVICES ON CITY PROPERTY,, AND CHAPTER 13.10 OF THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO SALES ON PUBLIC BEACHES AND IN PUBLIC PARKS SO AS TO BRING SAID SANTA CRUZ MUNICIPAL CODE CHAPTERS INTO CONFORMANCE WITH SENATE BILL 946 (CALIFORNIA GOVERNMENT CODE SECTION 54036 ET SEQ) BE IT ORDAINED By the City of Santa Cruz as follows: Section 1. Chapter 5.22 of the Santa Cruz Municipal Code is hereby amended to read as follows: “Chapter 5.81 MOBILE VENDORS 5.22.005 PURPOSE. This chapter establishes requirements for the vending of food and goods from motorized vehicles in the public right-of-way and on private property to prevent traffic, safety, and health hazards. The primary purpose of the public streets, sidewalks, parking lots, and other public ways is for use by vehicular and pedestrian traffic. Regulating mobile vending will protect the public health and safety and ensure safe pedestrian and vehicular traffic. Unregulated vending in the public right-of-way from motorized vehicles including food trucks and lunch wagons, can contribute to traffic congestion and can impede the orderly movement of pedestrians and vehicles. The unregulated use of congested streets and sidewalks with a high concentration of vehicular, pedestrian and commercial activity by mobile vendors can make the streets and walkways unsafe for motorists, cyclists, pedestrians, and mobile vendors themselves. 5.22.010 DEFINITIONS. For the purpose of this chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. (a) “Mobile vendor” means any person in charge of or driving any motorized mobile vending vehicle requiring a state driver’s license to operate, either as agent, employee, or otherwise under the direction of the owner. ORDINANCE NO. 2020-__ (b) “Mobile vending vehicle” means any motorized vehicle, including food trucks and lunch wagons, from which fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, on any portion of any street within the city. (c) “Owner” means any person, firm, association or corporation having proprietary control of or right to proprietary control of any mobile vending vehicle as defined herein. (d) “Permit officer” shall mean the city manager or the city manager’s designee. 5.22.020 PERMIT REQUIRED. No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in or profess to be engaged in the business or service of operating mobile vending vehicles upon the streets, alleys, or any public way or place of the city unless such person holds a currently valid mobile vending permit, issued pursuant to this chapter. Permits shall be issued to mobile vendors selling food only; vending of goods, wares, or merchandise from mobile vending vehicles is prohibited. 5.22.030 EXEMPTIONS. (a) A mobile vending vehicle owned or operated by any public agency, or operated pursuant to a franchise issued in accordance with the Santa Cruz City Charter, or for the operation of which a certificate of public convenience and necessity has been granted by the Public Utilities Commission of the state of California, shall not be subject to the provisions of this chapter. (b) This chapter shall not apply to persons delivering goods, wares, merchandise, fruits, vegetables or foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution. (c) This chapter shall not apply to vendors participating in farmer’s markets, street fairs, sidewalk sales or other special events permitted by the city pursuant to Chapters 10.64 or 10.65. 5.22.040 REVOCATION OF PERMITS. (a) Mobile vending permits may be revoked for any that would have warranted denial thereof in the first instance, or for a failure to comply with any of the provisions of this chapter or any of the conditions of the mobile vending permit. (b) Mobile vending permits are subject to renewal in March of each calendar year, irrespective of whether a twelve-month period has elapsed since the original issuance of the permit. 5.22.050 APPLICATIONS. 2 ORDINANCE NO. 2020-__ (a) Any person selling foodstuffs, fruits, or vegetables from a mobile vending vehicle may apply to the city for a mobile vending permit by filing with the permit officer, upon forms supplied by the city, an application containing the following information: (1) The residence and business address of applicant, if a natural person. If a firm, association or partnership, the name and address thereof and the names and residences of partners or association members. If a corporation, the name and address thereof and the names and residences of officers and local manager, if any; (2) Nature of business; (3) Number, make, model and engine number, and photograph, if any, of mobile vending vehicles proposed to be operated, or so much of said information as is available at the time of application; (4) A list of the fruits, vegetables or foodstuffs to be sold, displayed, exchanged or bartered; (5) The days of the week and hours of the day and locations in the city for which permission is being sought to operate the mobile vending business; and (6) Such other information as the city may require and as requested in said application form. 5.22.060 INVESTIGATION AND FINDINGS FOR MOBILE VENDING PERMIT. (a) Completed applications for a mobile vending permit shall be filed with the permit officer who shall investigate each applicant and make a written determination whether to grant or deny the mobile vending permit within ninety days after the filing of the application, or as soon thereafter as is reasonably possible. Final approval may require Santa Cruz city council review and vote depending upon the operation’s impact on public property, pedestrian traffic, vehicle traffic, and public safety. The permit officer may submit the application to the city council for approval, conditional approval or denial; alternatively, the city council may inform the permit officer of its intention to take final action on a particular permit application. Permit applications in all cases are to be submitted to the permit officer. The city council will not accept applications. (b) No mobile vending permit may be granted unless the permit officer makes each of the following findings: (1) The mobile vending permit business has met each of the requirements listed elsewhere in this chapter; (2) The operation of the mobile vending vehicle will not result in traffic hazards; (3) The operation of the mobile vending vehicle will not disrupt the neighborhoods in which it will be operated; and 3 ORDINANCE NO. 2020-__ (4) The applicant has not been convicted during the last seven years of any felony or any crime involving driving under the influence of alcohol or other controlled substance; any crime involving the sale, use of, or transportation of narcotics; any crime involving reckless driving, any suspension of driver’s license; a criminal assault; any crime involving theft or embezzlement; or any child annoyance or sex-related crime, as determined through a background investigation conducted by the police department. 5.22.070 PERMIT NOT TRANSFERABLE. Mobile vending permits shall not be assignable or transferable, except as herein provided. If the ownership of in excess of thirty-three percent of the mobile vending business whether corporate stock, partnership interest or otherwise shall change, a new permit must be obtained; provided, however, that in the event of an involuntary transfer, by reason of the death or mental incapacity of the permittee, the personal representative or successor of such decedent or mentally incapacitated permittee may continue to operate the business under such permit, subject to all the provisions of this chapter, if such personal representative or successor would otherwise qualify for such permit pursuant to the terms of this chapter. 5.22.080 ISSUANCE OF PERMIT – GROUNDS FOR DENIAL – CONDITIONS. (a) The permit officer shall issue the mobile vending permit upon payment of the license fees required and proof of a valid city-issued business license and county environmental health permit required of all applicants for a permit to operate a mobile vending vehicle over the streets of the city, unless he or she finds, as a result of the investigation of the applicant, that: (1) Any mobile vending vehicle proposed to be operated is inadequate or insufficient for the purpose intended, is insufficiently equipped with reasonable safety devices or fails the required fire department safety inspection; (2) The granting of such permit would be in violation of any ordinance of this city or would endanger the public health, peace, morals or safety, or on the basis of any reasonable cause it is determined that the proposed operation would be undesirable in the city or inadequate; provided, however, that if the issuance of the permit were conditioned upon certain performance standards, the grounds upon which it would otherwise be denied might be prevented or avoided, such permit may be issued subject to reasonable conditions; (3) The granting of such a permit would result in an undue concentration of mobile food vendors at a particular location or at a particular day or time in the city; (4) The applicant fails the criminal history background investigation referenced in Section 5.22.060(b)(4); 4 ORDINANCE NO. 2020-__ (5) Any of the other requirements for the approval of a permit application prescribed elsewhere in this chapter have not been met. 5.22.090 OPERATORS OF MOBILE VENDING VEHICLES. No person shall operate a mobile vending vehicle if that person has been convicted during the last seven years of any felony or any crime involving driving under the influence of alcohol or other controlled substance; any crime involving the sale, use of, or transportation of narcotics; any crime involving reckless driving; any offense resulting in suspension of driver’s license; a criminal assault; any crime involving theft or embezzlement; or any child annoyance or sex-related crime; and unless that person has a currently valid operator’s license authorizing the operation of such vehicle. if. All operators shall undergo a background investigation with the police department and meet the aforesaid qualifications prior to issuance of a mobile vending permit. 5.22.100 MAINTENANCE OF MOBILE VENDING VEHICLES. (a) Every mobile vending vehicle operating under this chapter shall be inspected by: (1) The fire department prior to issuance of the mobile vending permit; and (2) The police department at such intervals as shall be established by the permit officer to ensure the continued maintenance of safe operating conditions. Every such vehicle shall be kept in a clean and sanitary condition at all times in conformance with the rules and regulations promulgated by the chief of police. 5.22.110 ADDITIONAL REGULATIONS. (a) All mobile vendors shall comply with the following regulations: (1) No vending in areas not approved by the permit officer with the exception of mobile food vendors stopping adjacent to businesses that contract with them to provide food. Such contracted mobile food vendors shall comply with all other provisions of this chapter; (2) No vending within three hundred feet of any school or park, except at specific parks as per Section 5.22.120; (3) The vendor may stop for a maximum of four hours per stop, except in single residential and multiple residential zone districts in which case the vendor may stop for a maximum of fifteen minutes. A vendor’s vehicle may occupy more than one parking space when parking in metered spaces. Normal parking rates for each space wholly or partially occupied shall apply. The vendor must move at least one block before making another stop; 5 ORDINANCE NO. 2020-__ (4) Tables, chairs, shade structures, and signs are prohibited on streets, parking spaces, and on sidewalks; (5) No vending in congested areas where it may impede or inconvenience the public or create a traffic hazard; (6) Vendor shall provide waste containers, shall provide litter removal services in all areas within fifty feet of the vending location, and shall comply with Chapter 16.19 in regard to proper waste disposal; (7) No vendor shall use amplified sound, but may use bells or other devices described in the application and approved by the permit officer; (8) Vending may only occur when the mobile vending vehicle is legally parked in a roadway. Vendors shall comply with the California Vehicle Code, Title 10 (Vehicles and Traffic) and Title 15 (Streets and Sidewalks) of the Santa Cruz Municipal Code, and with all posted parking, stopping, and standing restrictions at all times; (9) Vending within the public right-of-way shall not be conducted before 8:00 a.m. or after 9:00 p.m.; (10) No part of the vehicle, furniture, or other equipment related to the vending operation may encroach onto the public sidewalk. Vendors may place waste containers on public sidewalks; provided, that a minimum four-foot clearance for pedestrian accessibility is maintained. Vendors are responsible for managing customer queuing and ensuring that a pedestrian thoroughfare is maintained; (11) Mobile vendors shall prohibit loitering by persons within fifty feet of the vending location; (12) Mobile vending vehicles shall park in a manner which ensures that customers shall be able to order and pick up food safely without stepping into a parking space, into a street, or into landscaping; (13) The vendor may sell only fruits, vegetables or foodstuffs described in the application filed with the permit officer and approved by the permit officer; and (14) The vendor shall have a business license, a Santa Cruz County health department permit, and shall comply with the California Retail Food Code. The vendor shall maintain possession of evidence of applicable licenses and permits at all times during operation and shall furnish evidence of such licenses and permits to City officials upon request. 6 ORDINANCE NO. 2020-__ 5.22.120 EXEMPTION TO ADDITIONAL REGULATIONS. The following exemption shall apply: The Director of Parks and Recreation may review and approve mobile vending activities conducted by permitted mobile vendors on City property operated under the jurisdiction of the Parks and Recreation Department and promulgate rules of operation in these locations, including operation hours. 5.22.130 PRIVATE PROPERTY USE. No property owner shall allow any mobile vendor to operate on private property except in compliance with all of the following requirements: (1) Vendors shall have the property owner’s written authorization to operate on the property in their possession at all times. The written authorization shall describe the approved location and operation schedule; (2) Vending shall only be conducted on property used for nonresidential purposes, except as otherwise permitted by other provisions of this code; (3) Vendors shall only occupy parking spaces not required to meet the minimum requirements of the current permitted uses on the property per Title 24 (Zoning), or of other off-site uses if those spaces are leased. This requirement does not apply if the hours of operation for the vendors and permitted uses do not coincide; (4) Vendors shall not occupy any paved area required for loading, circulation or fire access; (5) Tables, chairs and shade structures may be allowed in conjunction with food vendors if they occupy excess parking spaces or areas not required for loading, circulation or fire access, and they are removed daily after use. Tables and chairs may be on turf or mulched areas provided that precautions are taken or improvements are installed to protect and maintain landscaped areas; (6) Up to three vendors may be on the property at a time; provided that vendors do not operate before 8:00 a.m. or after 9:00 p.m.; (7) No vendor shall use amplified sound; (8) Vendors shall provide waste containers, shall provide litter removal services in all areas within fifty feet of the vending location, and shall comply with Chapter 16.19 with regard to proper waste disposal; (9) Vendors may sell only fruits, vegetables or foodstuffs; 7 ORDINANCE NO. 2020-__ (10) Compliance with Government Regulations. The vendor shall have a business license, a Santa Cruz County Health Department permit, and shall comply with the California Retail Food Code and any other applicable laws and regulations. The vendor shall maintain possession of evidence of applicable licenses and permits at all times during operation and shall furnish evidence of such licenses and permits to City officials upon request; (11) Mobile vending operations on private property beyond the requirements of this section may be allowed by permit pursuant to Title 24 (Zoning). In addition, the director of community development may require a permit whenever it appears that mobile vending activities are having an adverse impact on the use of the property or neighboring properties, including traffic, circulation, parking availability, noise, trash, or other reasons of public health or safety; and (12) This section does not apply to any private event where a mobile vendor has obtained the property owner’s written permission to cater for a private event that is held exclusively on the property and that is not open to the general public.” Section 2. Chapter 5.81 of the Santa Cruz Municipal Code is hereby amended to read as follows: “Chapter 5.81 VENDING AND DISPLAY DEVICES ON CITY STREETS AND SIDEWALKS 5.81.001 PURPOSE. The purpose of this chapter is, for those certain high vehicular and pedestrian traffic areas within the city of Santa Cruz, identified in Section 5.81.003, to: (a) Encourage traditional expressive speech, petitioning activities and performances; (b) Protect public health, safety, and welfare by preventing overcrowding and trip and fall hazards; (c) Prevent the visual clutter and blight associated with unregulated vending and the display of goods; (d) Encourage tourism, shopping, and commerce by making certain areas walkable and visually appealing; (e) Discourage the sale of stolen, defective, or counterfeit merchandise associated with unregulated vending; (f) Discourage the sale of narcotics which is associated with unregulated vending; 8 ORDINANCE NO. 2020-__ (g) Provide clear enforcement guidelines; and (h) To accomplish all of the foregoing public health, safety and welfare policy objectives while simultaneously assuring ample public access to desired goods, including culturally significant food and merchandise, and providing ample opportunity for underrepresented community members including low-income persons and immigrants to access the formal economy through entrepreneurial sidewalk vending on city sidewalks. 5.81.002 DEFINITIONS. For the purpose of this chapter, the following words and phrases are defined as follows: (a) The term “sidewalk vending” means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food, goods, merchandise, or services on any sidewalk from a stand, table, pushcart, motor vehicle, bicycle, or by a person with or without the use of any other device, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing any such food, goods, merchandise, or services, even if characterized by the vendor as a donation. This definition of “sidewalk vending” includes the practice of providing, free of charge, an item which may not be vended, in exchange for the purchaser purchasing an item which may be vended as a condition for receiving the free item. This definition of “sidewalk vending” does not include: (i) Traditional expressive speech and petitioning activities, and the distribution of the following expressive items: newspapers, leaflets, pamphlets, bumper stickers, patches, and/or buttons. (ii) The vending or distribution of the following items, which have been created, written or composed by the vendor or performer: books, audio, video, or other recordings of their performances, paintings, photographs, prints, or any other item that is inherently communicative and is of nominal value or utility apart from its communication. Although an item may have some expressive purpose, it will be deemed to have more than nominal utility apart from its communication if it has a common and dominant nonexpressive purpose. Examples of items that have more than nominal utility apart from their communication, and thus are subject to the limited sidewalk vending ban under the provisions of this chapter, include but are not limited to the following: food, housewares, appliances, articles of clothing, hats, scarves, sunglasses, auto parts, oils, incense, perfume, crystals, rocks, geodes, lotions, candles, jewelry, jewelry holders, toys, stuffed animals, glass and metal pipes, and any vaping device. (iii) A performance, which is hereby defined to mean: the act of engaging in any of the following activities: playing musical instruments, singing, dancing, acting, pantomiming, 9 ORDINANCE NO. 2020-__ puppeteering, juggling, reciting, engaging in magic, creating visual art in its entirety, presenting or enacting a play, work of music, physical or mental feat, or other constitutionally protected entertainment or form of expression. The term “performance” shall not include: (a) the application of substances to others’ bodies, including but not limited to, paints, dyes, and inks; (b) the provision of personal services such as massage or hair weaving, cutting, or styling; (c) the completion or other partial creation of visual art; (d) the creation of visual art which is mass produced or produced with limited variation; or (e) the creation of handcrafts, such as weaving, carving, stitching, sewing, lacing, and beading objects such as jewelry, pottery, silver work, leather goods, and trinkets. (b) “Display device” means a freestanding table, rack, chair, box, stand, or any container, structure, or other object used or capable of being used for holding or displaying tangible things, together with any associated seating facilities. “Display device” does not include any street furniture such as benches or planters, any other structure permanently installed by the city of Santa Cruz or with the consent of the city of Santa Cruz, or newsracks placed in conformity with the provisions of this code regulating newsracks. (c) “No display zone” means a clearly defined area where display devices are prohibited from placement on streets and sidewalks. The city council may establish no display zones, as set forth in Section 5.81.004. 5.81.003 APPLICATION. Unless otherwise stated, the rules set forth in this chapter shall only apply to the following places: (a) On the streets or sidewalks of West Cliff Drive between Columbia Street and Beach Street; (b) On the streets or sidewalks of Beach Street between West Cliff Drive and Third Street; (c) On the vehicle and pedestrian thoroughfares of the Santa Cruz Municipal Wharf or on the Municipal Wharf’s South End, Commons, and Agora; (d) On the parcel of property abutting the ocean side of Beach Street between Westbrook and Cliff Streets (Assessor’s Parcel No. 05-341-03); (e) On the Beach Street Promenade Deck; (f) On the streets or sidewalks of Beach Street, between the Municipal Wharf and Third Street; (g) On the streets or sidewalks of Pacific Avenue; and (h) On the streets or sidewalks of the side streets, alleys, and surface parking lots one 10 ORDINANCE NO. 2020-__ block in either direction from Pacific Avenue, between Laurel and Water Streets. 5.81.004 DISPLAY DEVICES AND NO DISPLAY ZONES. (a) Unless specifically permitted by another provision of this municipal code, no person, in any of the areas listed in Section 5.81.003, shall place, erect, maintain, or cause to be placed, erected, or maintained a display device in a no display zone (b) The city council, by resolution, may from time to time designate no display zones where display devices are prohibited from placement at locations in any of the areas listed in Section 5.81.003 where placement would ordinarily be permitted. In designating a no display zone, the city council shall first determine that the placement of display devices in the no display zone would impede or interfere with the safe, orderly, and adequate public access and pedestrian traffic on city streets and sidewalks. (c) This section shall not be construed as prohibiting events that are conducted pursuant to, and in accordance with, Chapters 10.64 and 10.65. 5.81.005 SIDEWALK VENDING CONDUCT. (a) No person, using a display device, shall allow a display device and its contents to remain in the same location on the sidewalk for a period of time exceeding four hours. After four hours, the person who placed, maintained, or controlled a display device shall not place a display device in the original display device location, or within one hundred feet of the original display device location, for four hours. The specific display device and its contents also shall not be placed in the original display device location, or within one hundred feet of the original display device location, for four hours. (b) In order to minimize pedestrian trip and fall hazards, display devices shall be at least eighteen inches in height, except that musicians and others engaged in performances may place a hat, guitar case, or other receptacle directly on the ground within three feet of their person to collect donations. (c) No person shall place, erect, or maintain a display device in an area for which a special event permit has been issued for a specific time or during periods in which safety enhancement zones are in effect. (d) No person engaged in sidewalk vending may be accompanied by or in the custody or possession of a dog or any other animal. (e) A display device may not exceed six feet in height. (f) In order to assure that pedestrians have adequate walking thoroughfares on sidewalks, no person engaged in sidewalk vending may lay a cloth, tarp, or other similar material on the sidewalk. 11 ORDINANCE NO. 2020-__ (g) Except for (i) display devices and associated seating, (ii) hats, guitar cases, and other receptacles intended for collecting donations, or (iii) personal belongings wholly contained underneath a display device, no person engaging in sidewalk vending shall use sidewalks to store merchandise or personal belongings. . 5.81.006 BENCHES AND STREET FURNITURE. No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, merchandise, or services. This provision shall apply throughout the city, both inside and outside of the areas listed in Section 5.81.003. 5.81.007 DISPLAY OF GOODS DIRECTLY ON SIDEWALKS OR STREETS. (a)No person, for the purpose of displaying items for sale or for some other form of distribution, even if characterized as a donation, may lay cloths, tarps, or other similar materials directly upon the street or sidewalk. This provision shall apply throughout the city , both inside and outside of the areas, listed in Section 5.81.003. (b)No person may place food, goods, or merchandise directly on the sidewalk or street, so as to display those items for sale or for some other form of distribution, even if characterized as a donation. This provision shall apply throughout the city, both inside and outside of the areas , listed in Section 5.81.003. 5.81.009 VIOLATIONS. (a) Any person who violates this chapter is subject only to an administrative citation pursuant to chapter 4.14. A first violation shall be punishable by a fine not exceeding $100. A second violation within one year of the first violation shall be punishable by a fine not exceeding $200. Each additional violation within one year of the first violation shall be punishable by a fine not exceeding $500. Failure to pay a fine assessed pursuant to this section shall not be punishable as an infraction or misdemeanor. (b) When assessing an administrative fine pursuant to this section, the administrative hearing officer shall take into consideration the violator’s ability to pay the fine. The city shall provide the violator with notice of his or her right to request an ability-to- pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The violator may request an ability-to-pay determination at adjudication or while the fine remains unpaid, including during periods of delinquency. (c) If a violator meets the criteria delineated in Government Code Section 68632(a) or Section 68632(b), the city shall accept in full satisfaction of any assessed fine, twenty percent (20%) of any such assessed fine. 12 ORDINANCE NO. 2020-__ (d) The city may allow a violator to complete community service in lieu of paying the total fine, may waive the fine, or may offer the violator alternative disposition.” Section 3. Chapter 13.10 of the Santa Cruz Municipal Code is hereby amended to read as follows: “Chapter 13.10 SALES – PUBLIC BEACHES AND PARKS 13.10.010 COMMERCIAL ENTERPRISES AND SALES IN PUBLIC PARKS AND BEACHES. (a) In city parks and on city beaches including all waters for which the city has law enforcement authority, jurisdiction and lifeguarding responsibility, no person shall solicit, sell, hawk, or peddle any goods, wares, merchandise, services, liquids, or edibles for human consumption, except as permitted by the city in accordance with subsections (b), (c) and (d). This prohibition includes sales activities that utilize park and beach property or facilities to complete the terms of sale or provide a service as a result of the sale or that effect park or beach operations, facility use or visitor safety. (b) Sidewalk vendors shall be prohibited from vending in city parks and on city beaches: (i) where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire in the subject city park or on the subject city beach; or (ii) on that portion of Main Beach over which the City has an easement for recreation and beach purposes only pursuant to a 1933 Superior Court judgment quieting title to the Seaside Company, which mandates “that no peddling, soliciting or bartering shall be permitted thereon.” (c) The director of parks and recreation may promulgate regulations governing sidewalk vending in city parks and on city beaches when necessary to insure the public’s use and enjoyment of a given park or beach’s natural resources and recreational opportunities or when necessary to prevent an undue concentration of commercial activity that unreasonably interferes with a given park or beach’s scenic and natural character. (d) A sidewalk vendor in violation of this section shall only be punished in accordance with the provisions of Government Code Section 51039 and in accordance with the procedures delineated in Section 5.81.009 of this code. 13.10.020 APPLICATION FOR PERMIT. Any person who desires a permit may apply for such permit by filing an application with the director of parks and recreation. The application shall be filed on forms provided by the department of parks and recreation, and shall include such information as may be requested by the department. 13 ORDINANCE NO. 2020-__ 13.10.030 LOCAL NONPROFIT ORGANIZATIONS – ISSUANCE OF PERMITS BY DIRECTOR. The director of parks and recreation may issue permits only for nonprofit organizations meeting the following criteria: (a) The organization has its home base, or a local branch with a home base, in Santa Cruz County; (b) The organization has qualified for and received tax-exempt status as a nonprofit organization under the California Revenue and Taxation Code and under the federal Internal Revenue Code, or is organized for purposes and conducted in such a manner that it would so qualify for tax-exempt status as a nonprofit organization; (c) The organization’s services are directed toward the local community; and (d) The organization will directly conduct, promote, and/or benefit from the event. 13.10.040 OTHER PERSONS AND ORGANIZATIONS – ISSUANCE OF PERMIT BY CITY COUNCIL. Any other person or organization applying for a permit under this chapter may receive such a permit only if issued by the city council. Upon receipt of an application from such other person or organization, the director of parks and recreation shall obtain any information necessary or appropriate and shall forward the application to the council, together with any appropriate recommendation. 13.10.050 ISSUANCE OR DENIAL OF PERMIT – CRITERIA AND CONDITIONS. The director or city council may issue or deny the permit, depending upon whether the decision maker finds that issuance or denial is consistent with the public welfare. If the decision maker issues a permit, it may be issued subject to any terms and conditions considered appropriate or necessary in order to protect the public welfare, and in order to make sure that any activities subject to the permit are conducted in a manner that is consistent with the use of parks and beaches by other persons. In addition, any permit issued shall be subject to such rules and regulations as the director of parks and recreation may have adopted or may thereafter adopt. If a permit is granted, it shall specify the times and places wherein the permit may be exercised, and may limit the number of days during any week, month or year wherein a permit may be exercised by any one person or organization. 14 ORDINANCE NO. 2020-__ 13.10.060 APPEALS. Any person aggrieved by a decision of the director may appeal the decision to the city council, in accordance with Chapter 1.16 of this code. 13.10.070 VIOLATIONS. Any person who sells any goods, food, beverages, or any other thing in any public park or on any beach under the jurisdiction of the department of parks and recreation, without first having obtained the permit required by this chapter, or in violation of any of the terms or conditions of such permit, is guilty of an infraction. 13.10.080 PRIVATELY OWNED PROPERTY. This Chapter shall not be applied to, or construed as vesting the city with authority to permit, approve or otherwise regulate sidewalk vending, peddling, soliciting, bartering or any other commercial activity on park and beach property which the city does not own in fee,lease or hold in public trust, including, but not limited to, Main Beach. The fact that the city may hold a recreational easement or leasehold interest over any such property shall not in and of itself serve to confer such authority upon the city. In such a case the terms of the recreational easement or lease shall define the city’s authority, if any, in this regard.” Section 3. This ordinance shall take effect and be in force thirty (30) days after final adoption. PASSED FOR PUBLICATION this ___ day of _______, 2020, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: APPROVED: __________________________ Mayor ATTEST: ___________________________ City Clerk Administrator PASSED FOR FINAL ADOPTION this ____ day of _______, 2020 by the following vote: AYES: NOES: 15 ORDINANCE NO. 2020-__ ABSENT: DISQUALIFIED: APPROVED: ___________________________ Mayor ATTEST: ___________________________ City Clerk Administrator This is to certify that the above and foregoing document is the original of Ordinance No. 201X-XX and that it has been published or posted in accordance with the Charter of the City of Santa Cruz. ___________________________ City Clerk Administrator 16