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Ordinance 2723-03
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Ordinance 2723-03
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6/30/2014 3:23:04 PM
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Ordinances
Ordinance Number
2723-03
Date
10/8/2003
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A- The activity exercises a civil liberty or constitutional right; or <br /> B- The activity implements a right or privilege granted by State law or a license <br /> authorized by City ordinance (e.g., Chapter 5.68 Taxi Cabs); or <br /> C- The activity occurs under a City issued permit for a civic event such as a permit <br /> issued by the City for a parade. <br /> A violation of this section shall constitute a misdemeanor. <br /> Section 2: Section 9 of Chapter 21 of Ordinance No. 295-74 (EMC 5.84.090) which <br /> reads as follows: <br /> Prohibited locations. <br /> No person, firm or corporation shall sell or cause to be sold edible <br /> merchandise from a mobile unit to persons on the public streets, <br /> sidewalks and public property within three hundred fifty feet of any <br /> restaurant, cafe or eating establishment operated or licensed to be <br /> operated in the city. <br /> Be and the same is hereby amended to read as follows: <br /> Prohibited locations. <br /> No person, firm or corporation shall sell or cause to be sold edible <br /> merchandise from a mobile unit to persons on the public streets, <br /> sidewalks and public property within the area bounded by the North right — <br /> of-way line of California Street, the South right-of-way line of Pacific <br /> Avenue, the West right-of-way line of Rockefeller Avenue and the East <br /> right-of-way line of McDougal Avenue extended from Pacific Avenue to <br /> California Street. Provided, throughout the remainder of the City, mobile <br /> food units shall not be permitted within two hundred fifty feet of any <br /> restaurant, cafe or eating establishment operated or licensed to be <br /> operated in the City measured by following a straight line on the sidewalks <br /> from the nearest point of the property parcel upon which the proposed <br /> mobile food unit is to be located to the nearest point of the property parcel <br /> upon which the nearest restaurant, café or eating establishment is <br /> operated. Notwithstanding the two hundred fifty foot separation <br /> requirement between mobile food units and reataurants, cafes and eating <br /> establishments, a mobile food unit is permitted closer than two hundred <br /> fifty feet from a restaurant, café or eating establishment if the mobile food <br /> unit license applicant submits to the City written proof of authorization <br /> from all restaurants, cafes and eating establishments within the two fifty <br /> foot separation area authorizing the mobile food unit to locate closer than <br /> two hundred fifty feet. Since a mobile food unit license is only valid for a <br /> twelve month period, in the event a mobile food unit is fully licensed for a <br /> particular location and subsequent to being licensed, a restaurant, café or <br /> eating establishment opens for business within two hundred fifty feet of <br /> 2 <br />
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