A. Cart owners shall submit a proposed ACPP that complies with Section 9.27.070 to the city within ninety (90) days from the effective date of this chapter, and annually with the business license application thereafter. In the event the owner business license expires prior to ninety (90) days from the effective date of this chapter, the owner shall submit the plan with its business license renewal application. Those affected retail establishments opening after the effective date of this chapter shall submit the plan concurrently with the business license application.
B. The director shall review the proposed ACPP and approve or deny the plan within thirty (30) days of its receipt. If the ACPP is approved, the cart owner/retail establishment shall implement the approved effective ACPP within thirty (30) days from the date of approval. If the plan is incomplete, the director shall notify the cart owner in writing to revise the plan and resubmit it within fifteen (15) days of director's notice. The director may deny a plan for a proposed ACPP based upon one or more of the following grounds:
1. Implementation of the plan violates any provision of this code or any county, state or federal law or regulation;
2. The plan fails to include all of the information required by this chapter;
3. The plan is insufficient or inadequate to prevent removal of shopping carts from the premises;
4. The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart removal prevention;
5. Implementation of the plan violates a term or condition of any agreement between the city on the one hand, and the retail establishment, or owner of the parking lot, or cart owner, on the other hand;
6. The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made.
C. The director's denial of a plan shall be the final administrative decision.
D. An owner who fails to submit a proposed ACPP, or whose proposal is denied, or whose proposal is approved but who then does not comply with the terms of the approved ACPP, shall be subject to enforcement of these requirements as set forth in Section 9.27.170. Each day during which a retail establishment/cart owner has not complied with the provisions of this chapter shall constitute a separate violation.
(Ord. 2593 §1 (part))