(a) The provisions of the Chapter shall be enforced by officers and authorized representatives of the San Bernardino County Sheriff’s Department, by officers and authorized representatives of County Code Enforcement, or by authorized representatives of the County Department of Public Health, Division of Environmental Health Services (EHS), in accordance with §§ 11.0201 et seq. (Violations and Citations) of Chapter 2 of Division 1 of Title 1 of the San Bernardino County Code. Copies of all licenses, once issued, shall be provided by the Clerk of the Board of Supervisors to the Sheriff, Code Enforcement and, if appropriate, to EHS. A license issued pursuant to this Chapter will authorize the licensee to peddle or solicit in the locations and during the time designated in his or her application, but only when the peddling and soliciting does not interfere with the free flow of vehicle traffic and does not obstruct pedestrian traffic. There shall be no peddling or soliciting until the license is issued. Licensees shall comply with all applicable State laws, including Business and Professions Code §§ 17510 et seq. and Health and Safety Code provisions.
(b) In addition to any criminal action which may be taken, any authorized officer may seize the goods, wares, merchandise, fruits and vegetables, or prepared foods offered for sale contrary to § 41.0502(a) of this Chapter, as well as food equipment, defined as equipment used to prepare or display food, and hold said seized items pending a hearing before a County Hearing Officer, pursuant to §§ 12.2700 et seq. of Chapter 27 of Division 2 of Title 1 of this Code. Seller shall be personally served by the authorized officer with a receipt, identifying the seized items, and a notice of hearing, which shall have the date, time, and place (address) of the hearing on the seized items. Said hearing must be held within 30 days following the giving of notice of such seizure and hearing to the seller. If the seller is unavailable or unknown, the Receipt and Notice of Hearing may be posted at the location where the items were offered for sale.
(c) At the hearing, the County Hearing Officer shall determine whether the seller was “hawking” as defined in § 41.0501 and as prohibited in § 41.0502(a). If, after the hearing, the County Hearing Officer determines, based on the evidence presented, beyond a reasonable doubt that the seller was, in fact, “hawking” as defined in § 41.0501 and as prohibited in § 41.0502(a), the seized items will be considered forfeited to the County, and the authorized representatives of the County may destroy or otherwise dispose of the seized items no sooner than the ninetieth day after the date the decision of the County Hearing Officer is delivered or mailed to seller.
(d) If the items seized are perishable, the County may dispose of the perishable items immediately. If the seller waives his or her right to a hearing, then the nonperishable seized items will be considered forfeited to the County and may be immediately destroyed or otherwise disposed of by the County. If the seller or his or her agent does not appear for the hearing provided for in this Section, the nonperishable seized items shall be deemed abandoned, forfeited to the County, and may be immediately destroyed or otherwise disposed of by the County. If the nonperishable seized items are evidence in a criminal proceeding, they shall not be returned or destroyed pending release by the appropriate authorities.
(e) Pursuant to Code of Civil Procedure § 1094.6, any action to review the decision of the County Hearing Officer shall be commenced no later than the ninetieth day after the date said decision is delivered or mailed to seller.
(Ord. 378, passed - -1933; Am. Ord. 1007, passed - -1962; Am. Ord. 1823, passed - -1973; Am. Ord. 2415, passed - -1980; Am. Ord. 3385, passed - -1990; Am. Ord. 3730, passed - -1998)