AR 022106 Ordinance Unlicensed Itinerant Vendors

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CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF FEBRUARY 21, 2006 TO: Honorable Mayor and City Council FROM: Kenneth Rulon, Chief of Police SUBJECT: Ordinance establishing a procedure regarding the seizure and release, or disposal of perishable goods from unlicensed itinerant vendors conducting business within the City. DATE: February 21, 2006 BACKGROUND: Itinerant vendors conducting business within the City must obtain and carry upon their persons, at all times, a current City business license. Itinerant vendors conducting business in the City without a current City business license are subject to citation and/or arrest, and any goods in the possession of an unlicensed itinerant vendor may be seized and impounded by the City. Currently, the City does not have a process to provide for the inspection and release, or disposal of perishable items seized from an unlicensed vendor. DISC USSION/ANALYSIS: An itinerant vendor may challenge charges made against him or her and the seizure of his or her goods. If an itinerant vendor mounts a successful challenge, non-perishable goods may easily be returned to the vendor. However, because of the rate at which most perishable items spoil, an itinerant vendor that successfully challenges the seizure and impoundment of his or her perishable goods may be denied the right to recover such items. In order to avoid the potential for wrongfully converting the personal property of itinerant vendors and to protect the due process rights of such persons, City staff and legal counsel have recommended the adoption of a procedure for the inspection and release of perishable goods seized by the City from unlicensed itinerant vendors. FINANCIAL IMPACT: Minimal financial impact related to implementing the procedures set forth in the ordinance. ENVIRONMENTAL IMPACT: No environmental impact is anticipated from approval of the proposed ordinance. CONFLICT OF INTEREST — Gift Disclosure Requirement Not applicable