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Ord 787ORDINANCE NO. 787 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTION 5.24.070 OF THE POWAY MUNICIPAL CODE TO ADD MOBILE FOOD VENDORS AT PERMITTED EVENTS IN CITY OF POWAY COMMUNITY SERVICES FACILITIES AS AN EXEMPTION TO THE SOLICITOR'S LICENSE REQUIREMENTS WHEREAS, section 5.24.010 of the Poway Municipal Code defines solicitations in the City of Poway and who is required to obtain a Solicitor's License; and WHEREAS, section 5.24.070 of the Poway Municipal Code allows for exemptions to the Solicitor's License requirements; and WHEREAS, the City Council of the City of Poway passed Resolution No. 15 -046 allowing mobile food vendors participating in permitted events in Community Services facilities to be exempt from the requirement to obtain a Solicitor's License and desires to amend the Poway Municipal Code so that it is consistent with the new policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: Section 5.24.070 of the Poway Municipal Code is hereby repealed. SECTION 2: Section 5.24.070 of the Poway Municipal Code is hereby added to read as follows: 5.24.070 Exemptions. This article shall not apply to: A. Students from an elementary school or a junior high school, or a high school, or public junior or community college, or public college or public university or any private educational institution listed in Education Code Section 29003, but only while such students are engaged in activity associated with academic or scholastic functions sponsored by and authorized by such schools; B. Wholesalers, their representatives, agents of employees calling upon retail businesses, nor to retail businesses when such sales are made in the regular course of business and at the established place of business; C. Sales by a farmer or rancher for products produced within the City by such farmer or rancher; D. Persons who sell their goods at the rented stall of a lawfully operated swap meet licensed pursuant to Chapter 5.52 PMC; Ordinance No. 787 Page 2 E. A newspaper as defined in this article and its employees; and F. Mobile food vendors participating in permitted events in City of Poway Community Services facilities. SECTION 4: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. Introduced and first read at a Regular Meeting of the City Council of the City of Poway held the 2nd day of February 2016, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 16th day of February, 2016. Steve Vaus, Mayor ATTEST: n Linda K. Hascup, CMC, Int im City Clerk Ordinance No. 787 Page 3 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Linda Hascup, CIVIC, Interim City Clerk, of the City of Poway, do hereby certify that the foregoing Ordinance No. 787, was duly adopted by the City Council at a regular meeting of said City Council held on the 16th day of February 2016, and that it was so adopted by the following vote: AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE gc-hlt)'C�6 Linda K. Hascup, CIVIC, Int rim City Clerk City of Poway