HomeMy WebLinkAboutCC Ord 1104 1981-09-14
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OROI NANCE NUMBER /1' ell,
AN OROINANCE OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH. CALIFORNIA, AMENDING
CHAPTER 11, ARTICLE II. OF THE SEAL BEACH
MUNICIPAL COOE, PROVIDING FOR THE SALE OF
CHRISTMAS TREES.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DOES HEREBY ORDAIN
AS FOLLOWS:
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Section 1. Chapter 11, Article II. Section 11-52 of the Seal Beach Municipal
Code is hereby amended to read as follows:
Sec. 11-52. Christmas Tree and Christmas Wreath Sales -
Fixed Place of Business.
Every person conducting, managing or carrying on the
business of selling, at retail. Christmas trees.
Christmas wreaths or Christmas tree ornaments and
decorations at a fixed place of business in the city
shall pay an annual license fee of eighty dollars per
year.
Nothing in this section shall be construed to apply
to the holder of a valid and unrevoked general
merchandise license who sells Christmas trees.
Christmas wreaths or Christmas tree ornaments and
decorations from the place of business so licensed
in conjunction with his other merchandise.
Section 2. Chapter 11, Article II. of the Seal Beach Municipal Code is
hereby amended by adding Section 11-52.1 to read as follows:
Sec. 11-52.1. Christmas Tree Sales - Temporary Business
Location.
Purpose and Intent. To provide for a temporary permit
for the display and sale of Christmas trees for a period
not to exceed forty-five (45) consecutive days between
November 1 and January 1 of the year immediately following
the Christmas for which the permit was issued.
Ja) Permit Required. No person. fi~partnership or
corporation shall establish or maintain within the
City any premises for the purpose of sale. gift, or
other disposition of any Christmas trees except as
provided in this chapter.
(b) Finance Oepartment to Issue Permits. Permits for
the temporary display and sale of Christmas trees shall
be issued by the City Finance Oepartment after approval
of such permit by the Planning. Fire. Police and
Building Departments.
1fJ Applications for Permits. Applications for such
temporary permits shall be made in writing and filed
with the City at least ten (10) days before the date
the applicant desires to commence the sale of Christmas
trees and shall state the name of the applicant. his
address, the location of the premises proposed for thp
sale or disposition of Christmas trees, and the names
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Ordinance Number )I'~~
and addresses of T.he persons who will actually
operate the premises for such sale or disposition.
Application for the sale of Christmas trees by any
charitable, fraternal, or benevolent organization
shall state the name of such organization and shall
state the name of the person or organization to
which the proceeds will be donated or otherwise
received. Copies of said application shall be sent
to all departments listed in the above section.
1BJ Filing Fee. The application shall be accom-
panied by a filing fee payable to the City of Seal
Beach in the sum of Fifty Oollars ($50.00). no
part of which shall be waived or refunded.
(e) Limitation on Permits. Every person, firm,
partnership or corporation receiving a permit
pursuant to this chapter for the sale of Christmas
trees and having as its primary business the temporary
display and sale of Christmas trees shall be limited
to one such permit per year and shall be limited to
one location for the sale of Christmas trees. Such
permit shall not be transferable.
if) Appeal From Denial of Permit. If the application
for a temporary permit be disapproved by any City
department on the ground that provisions of this
chapter have not been complied with, the applicant
may take an appeal from such action by filing a I
written notice of appeal from such denial with the
City Council. Such written notice shall be filed
with the City Clerk within ten (lO) days of the date
of the receipt, by the applicant. of written notice
of denial from the License Division. Such written
notice of appeal shall set forth the reasons for
appeal. Upon receipt of a notice of appeal, a hearing
shall be set before the City Council not less than ten
(10) days. nor more than thirty (30) days, from the
date of the filing of the appeal. Upon such hearing.
the Council may deny or grant the application upon
such conditions as the Council shall deem proper.
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~~) Posting of Cash Security. At the time of approval
o any such temporary permit, the Finance Oepartment
shall require the applicant to deposit the sum of Five
Hundred Oollars ($500.00) cash to insure that the
premises used for the temporary display and sale shall
be cleared of all equipment, temporary structures and
displays and that such premises shall be left in a
clean and sanitary condition. If such equipment and
temporary structures be removed and such premises are
left in a clean and sanitary condition on or before
midnight of January 1st of the year immediately follow-
ing the year in which the application for such permit I'
was filed, the said cash shall be returned to the
applicant. If the premises are not put in a clean
and sanitary condition, then City or its agents or
employees may enter upon the property and do all things
necessary to clean said premises and remove said
equipment and temporary structures and the cost of
such work shall be deducted from said cash deposit
and the remainder. if any. returned to the permittee.
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Ordinance Number I/()';
As a condition to the acceptance of the permit it
shall be expressly agreed in writing by both the
owner of the premises as well as the permittee that
the City or its agents shall have authority to enter
upon the premises to carry out the provisions of
this section.
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h Liabilit and Pro ert Dama e Insurance. At the
time of approva of any such temporary permit, the
applicant shall file with the City Clerk public
liability and property damage insurance covering its
operations in and about the premises in a minimum
amount of Twenty-five Thousand Dollars ($25,000.00)
for death or injury of one person and Fifty Thousand
Oollars ($50,000.00) for death or injury of more
than one person, and Five Thousand Oollars ($5.000.00)
property damage and shall file a certificate of such
insurance with the City Clerk.
ji) Fire Extinguisher on Premises. There shall be
maintained upon each premises within which Christmas
trees are sold or offered for sale a fire extinguisher
of at least two and one-half hallon capacity and in
good order and condition and of a water type approved
by the Chief of the Fire Oepartment or his agent.
iV Inspection of Premises. After the approval of
said permit and upon the establishment of such
premises, the Fire Oepartment shall inspect to insure
said premises are in all respects in conformity with
the provisions of this chapter. After the approval
of said permit and upon the establishment of such
premises. the Building Oepartment shall inspect said
premises to insure said premises are in all respects
in conformity with the provisions of this chapter.
If the inspection of either of the aforementioned
departments reveals that said premises do not conform
to the provisions of the Seal Beach Municipal Code.
such premises shall not be operated for the purpose
of the temporary sale or disposition of Christmas
trees until such time as said premises do conform to
such provisions.
~ Parkin9 Requirements. No such premises shall be
establishe unless adequate parking arrangements have
been provided for the use of the customers of such
premises. Such parking provisions shall not result
in the creation of dust conditions.
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1 Establishment of Tem orar Structures on Premises.
I guards or watchmen are provlded for the purpose of
watching Christmas trees on any premises. such guards
or watchmen shall be at least eighteen years of age.
Temporary sanitary facilities may be provided by the
permittee for the use of guards. watchmen and other
persons connected with the sale of such Christmas
trees, remaining on the premises. Such sanitary
facilities shall be subject to the approval of the
Oepartment of Public Works. Provisions may also be
made by the permittee for the placement of temporary
structures, house trailers or tents on the premises
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O;dinan~~ Number ~
for the use of the permittee or his agents. Any
temporary structure, house trailer or tent shall b~
subject to the approval of the Building Oepartment.
J!0 Adult on Dutv OurinQ Sales Hours. A person of
at least 18 years of age shall be on duty at all
times during the sale of Christmas trees and all
sales shall be made from the premises.
1nJ Penalty for Violations. Any person who violates
any of the provisions of this chapter is guilty of
a misdemeanor and shall. upon conviction thereof, be
punishable by a fine not exceeding Five Hundred
Oollars ($500.00). or by imprisonment in the City or
County Jail not exceeding six (6) months, or by both
such fine and imprisonment. Failure of a permittee
to conform to all applicable provisions of this
chapter shall constitute grounds for denial of a
subsequent permit under this chapter.
Section 3. Severability. If any section, subsection. sentence. clause or
phrase of this chapter is for any reason held to be unconsti-
tutional or void, such decision shall not affect the validity
of the remaining portions of this chapter. The City Council
hereby declares that it would have adopted and passed this
chapter and each section, subsection. sentence. clause and
phrase thereof irrespective of the fact that anyone or more
sections, subsections. sentences, clauses or phrases be declared
unconstitutional or void.
Section 4. The City Clerk shall certify to the passage and adoption of
this ordinance and shall cause the same to be published as
required by law.
PASSED APPROVEO ANO ADOPTED by the City Council of the Ci~y/~~ Seal Beach,
rni . at a gular meeting thereof held on the /f-" day of
, 1981.
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I. Joanne M. Yeo, City Clerk of the City of Seal Beach and ex-officio clerk I
of the City Council, do hereby cer~ that t~e for. going ordinance was
introduced at a meeting held on ~ ~ ~ , 98l and was passed.
approved and adopted by the City C~nc of the y Se 1 Be ch at a
meeting thereof held on the l~'- day of , 1981,
by the following vote:
Ordinance Number 1/"#
AYES: Councilmembe
NOES: Councilmembe
ABSENT: Counci 1 membe rs
I, ABSTAIN: Council members
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Cit erk /
Ordi nance Number 1 / ~ /
PROOf OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States a'nd a
resident of the County aforesa id; I am over
the age of eighteen years. and not a party to
or Interested in the above-entitled matter. I
am the principal clerk of the printer of the
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a newspaper of general culatlon. printed,
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County of Orange. and which news,
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange. State of
California. underthedateof.~.. 19'7..
Case Number..11 i ~5-,f:.J.; that the notice.
of which the annexed is a printed copy (set
in type not 'smaller than nonpareil). has
been published in each regular and entire
issue of said newspaper and not In any
supplement thereof on the following dates.
to-wit: 12__
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all In the year 19.1.l
I certify (or declare.) under penalty of
perjury that the foregoing Is true and
correct. f) ,
Dated at....~~..~J..,......
california.t~his, (,J....dayOf~/. 19./:(
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BUREAU,INC.
Legal Advertising Clearing House
120 West Second S.... Los Angeles, Calif. 90012
Telephone: (2131625-2541
Plea.. recruI.' GE NERAL PNG' Of Publlcltlon
whln ord.rln.. rhls form.
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Ordinance Number ;lJ'~~
PROOF OF PUBLICATION
(2015.5 C.C.P.1
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party to
or Interested in the above-entitled matter. I
am the principal clerk of the printer of the
a newspaper of general ci
and published ....~~...........
in the City of ~~......_,
County of Orange. and which news,
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange. State of
California. under the date of.~.. 19 ~l.
Case Number A~.r:~.; that the notice.
of which fhe annexed is a printed copy (set
in type not 'smaller than nonpareil). has
been published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the foliowing dates.
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I certify (or declare.> under penalty of
perjury that the foregoing is true and
correct. ,
Dated at.....~.~........
California. this..L....da~ o~~. 19.1t.
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CALIFORNIA NEWSPAPER SERVICE
BUREAU. INC.
Legal Advertising Clearing House
120 Wesl Second 51':, Los Angeles, Calif. 90012
Telephone: (213\ 625.2541
PI.o. reque.t GENeRAL P1'oDf of Publlc.'lon
when orde,.n.. thll form.
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PilOOF OF PUBLICATiON
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STATE OF CALIFORNIA.
COunty of Orange
I am a citizen of the United States a'nd a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party to
or interested in the above-entitled matter, I
am the principal clerk of the printer of the
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a newspaper of general c' ulatlon. printed
and published .....~f..~..........
in the City of ..~....J.. . ...~...
County of Orange. and which news,
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange. State of
California. under the date Of.f2.".. 19 (l.
Case Number .~4...; thatthe notice.
of which the annexed is a printed copy Iset
in type not 'smaller than nonpareill. has
been published In each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates.
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all in the year 19/':1..
I certify lor declare,) under penalty of
perjury that the foregoing is true and
correct, L7_
Dated at ....~.~.........
Calif~ this. Ai.':..day of .19t!.
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Fr.. CDI"" af ""1 blank form me, lie ..eured from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 West Second St~. Los Angeles, Calif. 90012
Telephone: (2131 625.2541
Ple....'"u..'OEN.RAL Pl'aO'Of PullllutlDII
whln orderln.. .hll fo,m.
This space is for the County Clerk's Filing Stamp
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