Title 5 BUSINESS LICENSES AND REGULATIONS--WEIGHTS AND MEASURES*
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).
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