Chapter 5.24 ROADSIDE STANDS AND VENDORS

5.24.010 Definitions.

5.24.020 Requirements of operation.

5.24.030 Prohibition for right-of-way and public property.

5.24.040 Distance from school or place of religious assembly.

5.24.050 Enforcement authority.

5.24.060 Confiscation and destruction of merchandise.

5.24.010 Definitions.

A. “Permanent roadside stand,” whenever used in this chapter, means a lawfully permitted roadside stand, and shall also refer to roadside stands operated by a person selling agricultural, viticulture or horticultural products, or the products of any stock, dairy or poultry farm, grown and produced by his own labor on real property located in the county that is owned, leased or operated by him.
B. “Roadside stand,” whenever used in this chapter, means any trailer, tent, motor vehicle, or other facility or structure, not erected on a foundation, that is erected and operated for the sale or solicitation of any merchandise.
C. “Temporary,” whenever used in this chapter, means a period of no longer than sixty minutes at any parcel, no less than one-half mile of distance between parcels.
D. “Vendor,” whenever used in this chapter, means any person who sells or solicits sales of any merchandise from a roadside stand.
E. “Person” as used in this chapter includes the singular and plural, and any person, firm, or corporation, association, or any other organization.
F. “Itinerant Vendor” means any person who sells personal property, services, or food items; or who solicits orders for the sale of personal property or services to be delivered at some future time other than from a permanent place of business owned or leased by the person who sells or solicits orders. “Itinerant Vendor” includes, but is not limited to, persons who sell or solicit orders, food items on foot, door to door, in public places, from motor vehicles, trailers, pushcarts, motorized carts, or temporary structures such as stalls, tables, or other devices.
G. “Itinerant Vendor” also means a roadside vendor or any person who sells, gives away through barter, offers to sell, or solicits to sell any fruit, vegetables, nuts, berries, citrus, cut flowers or any other item that requires a license or permit from the State Department of Food and Agriculture, Market License Bureau pursuant to Chapter 5 and 7, Division 20 of the Food and Agriculture Code.
(Ord. 599B § 2(part), 2007).

5.24.020 Requirements of operation.

A. All vendors, including itinerant vendors shall possess valid business licenses pursuant to Chapter 5.04 of this code, unless exempt by law from compliance with the requirements of possessing a business license. The license shall specify whether the business is a permanent or temporary roadside stand. Permanent roadside stands shall include the exact address location.
B. No vendor, including itinerant vendor shall sell food without a valid permit, as required by Section 7.01.050 of this code.
C. All vendors, peddlers, solicitors and owners and/or operators of roadside stands shall obtain and carry at all times written permission from the assessed property owner of the parcel on which the business is transacted.
D. Except as provided in this chapter, it is unlawful for any itinerant vendor to sell new or used personal property or services, or solicit orders in any unincorporated areas of Madera County, without having first procured from the tax collector of Madera County a permit for such purpose. The tax collector of Madera County is designated as the agent of the board of supervisors for the purpose of issuing permits as provided in this chapter.
E. Itinerant vendors may operate only on privately owned real property within the commercial, industrial, or highway frontage zoning districts, and only with the written permission of the owner of the property. (Ord. 599B § 2(part), 2007).

5.24.030 Prohibition for right-of-way and public property.

A. No itinerant vendor shall operate within or upon, and shall not sell, solicit, or barter, transact or solicit business within or upon, any right-of-way, public street, road, sidewalk, highway or public property. An itinerant vendor must be located at least thirty-five feet back from the paved edge of any roadway, and, if operated on a corner lot, shall not be operated within a sight distance triangle area formed by the street, property lines, and a line connecting them at points at least thirty-five feet from the intersection of the street lines maintaining at least thirty-five feet from any intersection. The measurement of thirty-five feet shall start at the edge of the roadway, inward. No itinerant vendor may occupy a required parking space for on-site development.
B. Itinerant vendor permits may be acquired by submitting an application to the tax collector of Madera County. The application shall be on a form prescribed by the tax collector and shall include the following information: The name and permanent address of the applicant, the temporary address of the applicant if different from the permanent address, and a description and license number of any vehicles used by the applicant. The applicant shall also provide other proper identification as required by the tax collector.
C. Written permission from the owner of the property where the itinerant vendor operates must be obtained and attached to the application permit form prior to the issuance of a permit.
D. If the purpose of the sale of the property or services is for a charitable event, the person, firm, corporation, association or organization involved in that charitable event shall be required to submit an application for an outdoor event permit to the planning department.
The tax collector, at his or her discretion, may delay the issuance of any permit provided in this chapter for such time as is necessary to verify the business address of the applicant and the existence of his or her principal or employer, if any. When such information is received, the tax collector may issue a permit for which he or she shall collect a fee for each person issued a permit. Every itinerant vendor holding a permit and business license under this chapter shall display his or her license on the premises and exhibit his or her permit(s) to any person on their request.
E. Nothing in this chapter shall apply to wholesalers or their representatives, employees, or agents calling upon retail business houses. The requirement to obtain an itinerant vendor permit shall not apply to the sale of products on property owned or leased by merchants or their employees or agents that have a legally established place of business in Madera County, nor to farmers of Madera County or their employees selling farm products produced by such farmers on local parcels owned by the farmer; provided, however, all other provisions of this chapter shall apply, and a permit is required for offsite sales. (Ord. 599B § 2(part), 2007).

5.24.040 Distance from school or place of religious assembly.

No solicitor, peddler, vendor or owner or operator of a temporary roadside stand shall transact or solicit business for any merchandise within one thousand feet of any school or place of religious assembly. (Ord. 599B § 2(part), 2007).

5.24.050 Enforcement authority.

A. Any peace officer and any county officer designated under the authority of Madera County Code Section 1.12.040 shall have authority to enforce the provisions of this chapter. (Ord. 599B § 2(part), 2007).

5.24.060 Confiscation and destruction of merchandise.

A. Any designated officer who is authorized to enforce the requirements of this chapter pursuant to Section 1.12.040 of the code may confiscate, and thereafter destroy, farm products and food found to be in violation of this chapter, including items such as fruit, vegetables, nuts, berries, citrus, cut flowers and other items that require a license from the State Department of Food and Agriculture, Market License Bureau pursuant to Chapters 5 and 7, Division 20 of the Food and Agriculture Code, and including food offered for sale in violation of the California Uniform Retail Food Facilities Law.
B. The person in possession or control of confiscated items will be issued a receipt for the confiscated property. The receipt will list the items impounded, the approximate quantity, and a notation that the items or property are deemed to be a hazard to public health or threat to Madera County agriculture. The seized items will be destroyed and disposed of. (Ord. 599B § 2(part), 2007).