Chapter 9.71
OUTDOOR DISPLAY OR SALE OF PRODUCTS DURING SPECIAL EVENTS
Sections:
9.71.030 Identification of large-scale special events.
9.71.040 Outdoor display and sale of products prohibited.
9.71.050 Penalties and enforcement.
9.71.010 Purpose.
A. To protect the health, safety and welfare of residents, business owners and visitors during special events.
B. To reduce the impacts to vehicular circulation, pedestrian circulation, and to the vendors within the event area from unpermitted vendors outside of approved event areas.
C. To educate the business community regarding procedures and penalties of unpermitted outdoor display or sale of products during special events. (Ord. O-7-07 §1(part), 2007).
9.71.020 Definitions.
A. “Goods,” for the purposes of this chapter, shall mean all goods, wares, products and other items a vendor has in inventory as part of the outdoor display and sale of products.
B. “Large-scale special event” shall mean a special event that has been identified by the city as containing a significant amount of temporary outdoor retail or food/beverage vendors on a public road or right-of-way as part of the approved special event permit and that is likely to result in a significant number of people attending the special event.
C. “Special event area” shall be defined as the geographical area approved by the city through a special event permit. Any area not covered under the approved permit shall be considered outside of the special event area.
D. “Sale of products” shall be defined as retail sales pursuant to Section 18.03.050(W). For purposes of this chapter, the term “sale of products” shall not be read as applying to outdoor dining served from a permanent structure on private property that has obtained necessary city approvals for the outdoor dining area.
E. “Vendor,” for purposes of this chapter, shall mean the individual or individuals engaging in the outdoor display and/or sale of products. (Ord. O-7-07 §1(part), 2007).
9.71.030 Identification of large-scale special events.
Large-scale special events shall be identified as follows:
A. Upon receipt of an application for a special event permit, the city manager, upon a determination that the special event will involve a significant amount of temporary outdoor retail or food/beverage vendors on a public road or right-of-way as part of the approved special event permit and will likely result in a significant number of people attending the special event, may designate the special event as a “large-scale special event.”
B. The following regularly occurring special events are designated as large-scale special events:
1. The “Pumpkin Festival,” which occurs annually in the month of October. (Ord. O-7-07 §1(part), 2007).
9.71.040 Outdoor display and sale of products prohibited.
A. Except as provided below, the outdoor display and/or sale of products outside the designated boundaries of a large-scale special event area during the hours/days of operation of a large-scale special event is prohibited.
B. A vendor engaging in the outdoor display and/or sale of products outside the designated boundaries of a large-scale special event area during the hours/days of operation of a large-scale special event shall not be in violation of this chapter if the vendor satisfies the following requirements:
1. The vendor has obtained all required local licenses allowing for the outdoor display and/or sale of products at the time of the large-scale special event; and
2. The vendor’s outdoor display and/or sale of products is in conformance with the city’s zoning laws and the vendor has obtained all necessary approvals as may be required pursuant to the zoning code. For the outdoor display or sale of products within C-D (Commercial Downtown), C-R (Commercial Residential), C-VS (Commercial Visitor Serving), and C-G (Commercial General) zones, this shall include compliance with the regulations set forth in Sections 18.07.025(A-27.b) and 18.08.025(A-27.b), respectively.
a. Where community development director approval of the outdoor display and/or sale of products is required, the community development director shall not approve any applications seeking approval for the temporary outdoor display and sale of products for times occurring during the hours/days of operation for a large-scale special event where such business does not have an existing business license for a fixed place of business within the city. No existing business licenses shall be considered to cover any other property than the property listed in the license in order to allow for community development director approval of such application. Any temporary businesses covered under Chapter 3.73 shall not be subject to this exclusion by the community development director. (Ord. C-2015-04 §1(part), 2015; Ord. O-7-07 §1(part), 2007).
9.71.050 Penalties and enforcement.
A. Violation of this chapter shall constitute a misdemeanor in accordance with Half Moon Bay Municipal Code Chapter 1.14.
B. Upon a determination that a violation of this chapter is occurring during the hours/days of operation of a large-scale special event, the vendor shall be given notice of the violation and directed to remove the outdoor display and immediately cease the outdoor sale of products. The vendor shall be given a reasonable amount of time to remove the outdoor display, which time shall be no longer than one hour. The notice given to the vendor shall provide that failure to comply may result in the issuance of a misdemeanor citation, possible confiscation of the vendor’s goods, and payment of administrative fees.
C. Each subsequent determination that a violation of this chapter is being committed by a vendor that has received notice pursuant to subsection B of this section, and which is occurring within the hours/days of operation of the same large-scale special event for which the notice was given, shall be subject to issuance of a misdemeanor citation.
D. Upon issuance of a misdemeanor citation, a vendor’s goods may be confiscated. If a vendor’s goods are confiscated pursuant to this chapter, the vendor shall be provided with notice that the confiscated goods shall be made available to the vendor the first business day following the conclusion of the large-scale special event and upon payment of a two hundred fifty dollar administrative fee to the city to help cover the city’s costs in confiscating and storing the goods.
E. Any nonperishable goods not reclaimed from the city within thirty days following the conclusion of the large-scale special event during which the goods were confiscated shall be sold or otherwise disposed of by the city. Any perishable goods not reclaimed from the city by five p.m. on the first business day following the conclusion of the large-scale special event shall be disposed of by the city.
F. Nothing in this chapter is intended to legalize any activities that are otherwise illegal pursuant to the city’s municipal code nor is anything in this chapter intended to prevent the city from initiating any other legal or equitable proceeding to obtain compliance with the provisions of this chapter. The enforcement procedures described in this chapter are intended to be alternative methods of obtaining compliance and are expressly intended to be in addition to any other remedies provided by law or this code. (Ord. O-7-07 §1(part), 2007).