§ 20.11.227. Seasonal sales permit.

1.

Definition. The sale of seasonal merchandise sales in recognition of other holidays such as Valentine's Day, mother's day, father's day, Easter, and/or other miscellaneous merchandise sales (i.e. Parking lot sales promotions). This Section also recognizes certified farmer's markets and fund raisers as seasonal events.

2.

Authority. Authority for approval of a seasonal sales permit shall be vested with the Community Development Director.

3.

Application. An application for seasonal sales permit shall be filed with the Community Development Department not less than twenty calendar days before the date the event is proposed to occur. An application submitted less than twenty calendar days and not less than ten calendar days before the proposed date of the event shall be subject to a late application fee as determined by separate resolution by the City Council. An application for a seasonal sales permit application shall not be accepted for filing or processing less than ten days prior to the date of the sales event. An application shall be filed on forms provided by the department, and shall be completed with such information and materials prescribed by the Community Development Director, with applicable fees adjusted from time to time as determined by separate resolution by the City Council. When commercial sales are involved as part of the seasonal sales permit, a temporary business license application shall be submitted with a seasonal sales permit application (fees are set forth in Section 5.04.240 Business Tax — Flat Rate of the Delano Municipal Code).

4.

Procedure. Within five days of filing a complete application, as determined by Community Development Department staff, for an seasonal sales permit, the proposal shall be transmitted for review by the Community Development Department. The proposal may be transmitted to other City departments such as city engineering, public works, fire department and/or external agencies as deemed necessary by the Community Development Director. Within ten days of filing of the application, the above-identified departments shall confer to review the proposal's compliance with the City's General Plan and all other applicable ordinances and standards and, if found acceptable, determine conditions of approval or required revisions for the project proposal. When the application is complete, the project applicant shall be notified of the conditions of approval or needed project revisions identified by the reviewing departments and agencies. If, on the basis of the foregoing review process, the Community Development Director denies approval of the seasonal sales permit, the applicant shall be notified in writing of the reasons for such denial.

5.

Certified Farmers' Market. A farmers' market (also farmers market) is a physical retail market featuring foods sold directly by farmers to consumers. Farmers' markets typically consist of booths, tables or stands, outdoors or indoors, where farmers sell fruits, vegetables, meats, and sometimes prepared foods and beverages. A Certified Farmers' Market is permitted in an existing paved parking lot in the commercial or industrial zone subject to the approval of a seasonal sales permit application by the Community Development Director with the following conditions:

a.

A detailed plan with dimensions showing the Certified Farmers' Market must be provided with the application materials.

b.

That the Certified Farmers' Market will not adversely affect parking, vehicular, and pedestrian circulation on the site.

c.

The Certified Farmers' Market operation shall comply with minimum setback requirements.

d.

A certificate from the State of California shall be provided with the application to verify it is a Certified Farmers' Market.

e.

A Certified Farmers Market may be approved within a public right-of-way, subject to the approval special event permit. (Municipal Code Section 10.24.020) by the City's Risk Manager.

6.

Fundraisers. Seasonal fundraising sales by schools, charitable or not-for-profit organizations are permitted if the sale is carried on wholly by the organization and it will derive, both directly and indirectly, all profits to be derived from the sale. Such sales are not permitted solely because of sponsorship by a school, charitable or not-for-profit organization. Seasonal fund-raising sales are limited to twelve times per calendar year for a maximum duration of seven days each for each such organization.

7.

Seasonal Sales. The display or sale of goods, merchandise, or services which are customary indoor uses is allowed with the approval of a seasonal sales permit:

a.

All sales are conducted by a business located on the property.

b.

All merchandise or services displayed seasonal shall be of the same types ordinarily sold indoors at the business conducting the sale.

c.

No display shall encroach on a public right-of-way.

d.

Each display or sale shall be subject to the sign regulations of this Title.

e.

Prior to any display or sale, a seasonal sales permit for such shall be obtained from the Community Development Director.

f.

When commercial sales are involved as part of the seasonal sales permit, a temporary business license application shall be submitted with a seasonal sales permit application (fees are set forth in Section 5.04.240 Business Tax — Flat Rate of the Delano Municipal Code).

8.

General Provisions for Seasonal Sales Permits.

a.

Seasonal display or sale of goods or services by itinerant vendors as defined by the City of Delano Municipal Code is prohibited except for itinerant venders expressly permitted in this article.

b.

Seasonal display or sale of any items on vacant or unimproved land is prohibited.

c.

The merchandise shall: (1) not be located on the public right-of-way (including sidewalks); and (2) merchandise shall be stored indoors only during hours that the business is not open.

d.

The sale of the merchandise shall be associated with a specific, local business conducting sales of similar merchandise.

e.

No seasonal sales permit shall be granted for more than two consecutive seasonal sale events at the same site.

f.

Seasonal sales permits shall not be transferable to other properties.

g.

Other conditions that will ensure the operation of the proposed temporary seasonal event in an orderly and efficient manner and in accordance with the intent and purpose of this Section.

h.

Liability insurance of the type and in the amount required by the City's Risk Management Authority.

Table 8.g. Seasonal Sales Criteria

Permitted Seasonal Sales Uses	Zoning District	Max. No. of Days per Sale	Max. No. of Occurrences per Calendar Year
Merchandise sale, seasonals or in temporary enclosures in conjunction with established businesses	Commercial and employment zoning districts (I, CRC, GC DC)	10	6
Other holidays such as Valentine's Day, Mother's Day, Father's Day, Easter in conjunction with established businesses	Commercial and employment zoning districts (I, CRC, GC)	4	1

 

(Ord. No. 2017-1294, § 1(Exh. 2), 11-20-2017)