You think you have things to do to get the job started….. Just look what it takes to become a Licensed Vendor in the city of Twentynine Palms.
29vendorapp2.PDF
Just wondering if anyone else has to jump these kinds of hoops at the local level to do a little business in this town? Well what ever it takes…. At Least when the public does business with me they will know that I am the only food service business in town that has had a criminal background check to serve food. Not only do I and my potential help have to have health cards, we will all be background checked as well as the Cart being inspected on a regular and reoccurring basis.
While it will be against the city ordinance to be on the Megan’s List to vend food in the street, it will be perfectly legal to own and operate a sit down restaurant with a PC 286(c) conviction.
I wonder will any of those brick and mortar food joints be able to claim to be criminal free? I think not.
No Complaining just observing.
Yippie-Ki-Yay!
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Gee and they wonder why one would refer to them as Nazi, do they have their head so far up their back end they don’t even see the draconian requirements is what lead 29 to the state we are now in. Do they lack reason? Do they do these kinds of things out of spite? Or is it maybe they want regulate who profits there by trashing the free market, the American dream and entrepreneurial spirit?
One of the best speeches I heard was “tear down this wall” By Reagan. I don’t think he was thinking that the east bloc’s Anti-business government control all things were going to proliferate to small town America. If Reagan could see what has happened I am sure he would have said in hind sight build this wall higher.
Remember we get what we collectively deserve, fire this nazi city and its all controlling PC. It is our town and the asses at city hall work and serve us, but only if we get off our butts and demand equal access to the American dream. if we ever going to see any progress other than a new massage parlor/brothel the cronyism and transfer of wealth and opportunity from the majority to the chosen few must end.
One more thing anyone that would fill out that BS form should be aware that it against the law to require a SS # without the option of a TIN ? EIN, This town has no respect for the US laws or the American dream. The under penalty of perjury clause does not state the statute making the perjury treat meaningless. Good job asses.
Friday Morning I get this email from DPH;
I responded as follows;
Dear Ms. Legorreta;
In response to the requirement for $907 payment to be approved for a license. I refer you to California State law that prohibits the County’s requirement of any Honorably Discharged Veteran to pay any license, tax or fee whatsoever, to hawk, peddle and vend any goods or merchandise owned by him.
Business and Professions Code Section 16102.
16102. Every soldier, sailor or marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or marine, without cost, a license therefor.
The cart in question has been a TFF licensed facility for some years and was before that time licensed in the County of Los Angeles. It was because of two events brought about by the County of San Bernardino that brings us to this request for approval. 1) the addition of the Mobile Food Facility MFF designation and 2) the requirement for every food facility to have a 3-compartment sink.
As a veteran it was reasonable to expect the the addition of a MFF license should be as it was with a TFF,a smooth and reasonable transition. The addition of a 3-compartment sink is an easy and quick inspection of plans. Easy as you have pictures and drawings of the cart. Final inspection could be done at any future event or regular inspection cycle.
It was the original intent of the legislature as Approved March 24 1893, under The Statutes of California Chapter CCXXXIV Section 27 was as follows to “….provide that every honorably discharged soldier, sailor, or marine of the, United States, who is unable to obtain a livelihood by manual labor, shall have the right to hawk, peddle, and vend any goods, wares, or merchandise, except, spintuous, malt, vinous,or other intoxicating liquor, without payment of any license “tax” or fee whatsoever, whether municipal, county, or State; and the Board Supervisors shall issue to such soldier, sailor, or marine without cost, license therefore.”
A $907 fee to inspect the plans of a $2000 Hot Dog Cart sink attachment as a condition of approval of that cart to vend food as a MFF can not only be considered excessive but an impediment to commerce. It sure is a way of shutting down a legal exercise of a poor veteran’s codified right to “hawk, peddle, and vend.” Surely an injustice that no one in that office would want to let stand.
Lets see if we can work together to clear this thing up.
Sincerely eager to work with you;
Dan O’Brien
Dateline Monday Feb 25…. Got a call from the Department of Health…. I have been informed that I and other Veterans are exempt from ALL FEES TAXES AND LICENSE FEES.
I would like to thank the San Bernardino Department Of Public Health for their quick resolution of this matter!
The sad thing is that many Veterans may not be aware of this exemption and would have either given up the venture due to costs, or coughed up the dough. Again, I wonder, does anybody know how to do their job right. These people in government should be aware of the laws they are assigned to enforce.
You would think that the State of California would have a large percentage of its citizens veterans, but in fact California ranks 48th with only DC, NY and NJ lower in total veterans.
8.8% of the population of California are veterans. The average is 12.1% with Alaska having 16.2%.
We often forget as we live in this area where we have a higher veteran population just how rare a veteran is anymore.
What does a veteran look like? He is a young guy of 22 fresh out of his enlistment just back from Afghanistan, a middle aged woman who served as a truck driver in Desert Storm, a sixty year old guy who served in Vietnam and the octogenarian who stormed the beach at Normandy or Okinawa.
Veterans in California are as rare as hen’s teeth. There isn’t a culture of patriotic Service in our state. Too many years of an anti “service to your country” indoctrination in our schools and colleges. You can not blame a young counter clerk at a government agency for not picking up on a 1893 Law that has been updated every war or so, they were not instructed to consider a veterans benefits. In California it is not important. We got Tortoises to save and Flowers to protect.
I am proud that I am one of the 8.8% of Californians that answered the call of duty.
Source: http://www.statemaster.com/graph/peo_per_of_civ_pop_who_are_vet-percent-civilian-population-who-veterans
Source: http://www.va.gov/vetdata/docs/quickfacts/Quickfactmaps_slideshow.pdf
Other Sources: http://www.infoplease.com/spot/veteranscensus1.html http://www.census.gov/newsroom/releases/archives/facts_for_features_special_editions/cb11-ff23.html
It is the responsibility of a city manager to instruct his subordinates on the mandates of California Business and Professions Code Section 16102. It’s his or her responsibility to see to it veterans are getting the benefit of this Code.
Where does the idea that this is the City Managers fault? Dan was having issues with the County.
The issue of Veterans was thoroughly discussed by the Planning Commission and the City Council in the creation of the ordinance. It is expressly mentioned in the code under 19.33.060(I) “A discount of one hundred percent (100%) shall be applied to the Permit fee for the issuance of a Permit….”
Hi Carey,
You innocently misinterpreted my comment, which was not directed at the 29 city manager, but it was in response to Lindag comment “that many Veterans may not be aware of this exemption.”
She most likely assumes that many veterans are not getting the exemption.
Thanks for your input concerning the PC.
In this case our city is well aware of the Veterans Benefits and do an excellent job of giving a Vet a break…. It is the County employees that are less likely to be aware of Veteran’s Benefits. Yes you are right it is a lack of knowledge.
I do not think there is any malice involved, I think it is more that agencies have an institutional disconnect when it come to applying laws that give breaks to veterans. Until John and Sharen Scott, Owners of Papa’s Smokehouse BBQ told me about it several years ago, I was paying out the nose for my permits and licenses.
As much as it is the responsibility of the Agency to provide information of benefits and rights, it is the individual citizen to avail him or herself of the laws and regulations… How does that old adage go? Ignorance is no excuse.
I hope that these little stories, comments, and snippets help other Veterans.
Dan wrote, it is up to “individual citizen to avail him or herself of the laws and regulations.”
In a perfect world, yes. However, individual are not lawyers. Licencing agencies are shamefully and grossly negligent if they are ignorant of the laws they are charged with enforcing. They get paid to know and apply the laws with equity, including city managers, city attorneys, department heads, etc.
But this was a problem with the county not the city.
But I’m talking about all government taxing and licensing entities.
Then need to know the law and apply it accordingly to vets.
I agree
Anyone and everyone should have the common sense when dealing with regulations to do their homework prior taking an application to the counter.
This applies to any and every agency out there. Local, county, state, and federal. It applies to private, commercial, and governmental.
This is not limited to businesses. If you want to build a porch, install a Ham Radio antenna, or get a dog. You must find out what all is entailed.
You make your self look like a fool screaming that the system sucks if the information was available to you, and you did not bother to read it.
Well lets take the Veterans Exempt for example. Prior to a couple of us in town demanding that the city recognize the Veterans exemption everyone had to pay the freight.
Take for instance while it is codified in State law concerning Veterans Hawking, Peddling and vending, it took a act of the Council to get a break for disabled Veterans owning brick and mortar shops.
I am not so sure that every Veteran Business in town knows that they MAY be eligible for a business license Fee Exemption… Its not like the Community Development Department has made that a well known public fact.
More importantly, Carey, government taxing and licensing entities “should have the common sense when dealing with regulations” so as to not rip off veterans. They have the greater burden.
The average Joe is not a lawyer or a legal researcher. Bureaucrats get paid well to do it right. They’re expected to get it right.
Branson, that was my point. It would have been nice if they had put some type of disclaimer at the bottom of the form/regulation/written document that veterans are exempt from the fees, etc…. Guess that is asking too much to do for your veteran…you know, the person who was willing to put their life on the line for your freedoms…like the freedom to write your opinions on this blog without having the law show up at your door. Our veterans are our national treasure and should get special treatment…that’s my opinion.
Lindag, you scored big when you wrote: “It would have been nice if they had put some type of disclaimer at the bottom of the form/regulation/written document that veterans are exempt from the fees…”
It’s exactly the right thing to do.