[6-4-2019 by Ord. No.
1175-19, effective 7-4-2019]
(a)
Purpose. The City finds that the vending of prepared or prepackaged
foods, goods, and/or wares at semipermanent locations on public sidewalks
and rights-of-way may pose unsafe conditions and special dangers to
the public health, safety, and welfare of residents and visitors.
The purpose of this chapter is to implement regulations on both roaming
and stationary sidewalk vending that protect the public health, safety,
and welfare of the community while complying with the requirements
of general state law, as amended from time to time, to promote safe
vending practices, prevent safety, traffic, and health hazards, and
preserve the public peace, safety, and welfare of the community.
(b)
Findings.
(1)
The City Council hereby finds that limitations
on sidewalk vending are necessary to:
a.
Comply with state legislation;
b.
Promote the health, safety, and welfare;
c.
Ensure that the goals and policies of the City's
General Plan are upheld;
d.
Ensure that the flow of pedestrian or vehicular
traffic including ingress into, or egress from, any residence, public
building, or place of business, or from the street to the sidewalk,
by persons exiting or entering parked or standing vehicles is maintained;
e.
Provide reasonable access for the use and maintenance
of sidewalks, pathways, hydrants, restrooms, trash receptacles, firefighting
apparatus, as well as access to locations used for public transportation
services;
f.
Protect the quality of life of City residents and
minimize disruptions to the quiet enjoyment of residential property
by restricting noise-making devices associated with sidewalk vending;
g.
Ensure no interference to the performance of police,
firefighter, emergency, and other medical personnel services;
h.
Maximize public access in the commercial districts
and along the coast; and
i.
Reduce exposure to the City for personal injury
or property damage claims and litigation.
(2)
The City Council hereby finds that the following
unique characteristics of the City require certain restrictions on
sidewalk vending:
a.
Approximately one million visitors travel to the
City every year to enjoy the scenic views along Crescent Avenue of
the harbor, pier, and beaches.
b.
The vast majority of visitors to the City arrive
via cross-channel carriers at the Mole structure. The Mole is under
need of immediate repairs and eventual replacement and portions of
it are off limits to the public due to hazards created by conditions
of the infrastructure. Due to this, the areas that cross-channel carrier
passengers must line up to get on the cross-channel carriers are limited,
adding to the congestion of this area.
c.
The Green Pleasure Pier is a narrow pier that provides
unique views of the harbor, the City, and the mountains surrounding
the City. Because of this unique location, the Green Pleasure Pier
is already congested. Allowing sidewalk vendors on the Green Pleasure
Pier would worsen the congestion and create additional health, safety,
and welfare concerns and pose hazards to those on the Green Pleasure
Pier.
d.
The City is less than three square miles, with the
majority of business or visitors services on or near Crescent Avenue.
e.
The beach and immediately adjacent walkways are
very narrow and congested, with visitors often struggling to find
space for their towels, chairs, and other equipment. During the summer,
many people reserve spaces on the beach by placing their towels and
beach equipment on the beach.
[6-4-2019 by Ord. No.
1175-19, effective 7-4-2019]
For purposes of this chapter, the following definitions apply:
A location operated in accordance with Chapter 10.5 (commencing
with Section 47000) of Division 17 of the Food and Agricultural Code
and any regulations adopted pursuant to that chapter.
The City of Avalon.
A public park owned by the City, except the Joe Machado Field.
A sidewalk vendor who moves from place to place and stops
only to complete a transaction.
A person who sells, offers to sell, operates, engages in,
or carries on a food or merchandise vending business from a pushcart,
stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance, or from one's person, upon a public sidewalk,
property, or other pedestrian path.
An event for which a special event permit has been granted
pursuant to Chapter 6 of Title 4 of the Avalon Municipal Code.
A location operated in accordance with Article 6 (commencing
with Section 21660) of Chapter 9 of Division 8 of the Business and
Professions Code, and any regulations adopted pursuant to that article.
[6-4-2019 by Ord. No.
1175-19, effective 7-4-2019]
(a)
No person, either for themselves or any other person, shall
engage in any sidewalk vendor activities within the City without first
applying for and receiving a permit from the Community Services Department.
No more than six permits shall be issued and active at one time.
(b)
All sidewalk vendors shall obtain a sidewalk vending permit
from the City's Community Services Department prior to engaging in
any sidewalk vending activities by submitting an application for a
permit and being approved for such permit. The following information
shall be required in the application:
(1)
Name, current mailing address, and phone number
of the vendor;
(2)
If the vendor is an agent of an individual, company,
partnership, or corporation, the name and business address of the
principal;
(3)
The name, address and telephone number of all persons
that will be employed by the permittee as a sidewalk vendor. If an
employee is hired after any permit is issued, the name, address and
telephone number of that employee will be provided prior to that person's
commencement of work;
(4)
A description of the merchandise/goods to be offered
for sale or exchange, and the days/hours of sales;
(5)
A copy of the California seller's permit with the
sales tax number issued by the California Department of Tax and Fee
Administration to the vendor;
(6)
A copy of the vendor's social security card with
the number; or a copy of the valid California driver's license issued
to the vendor; or a copy of the individual taxpayer identification
number issued to the vendor; or a municipal identification number.
a.
Any such identification number(s) or license(s)
collected shall not be available to the public for inspection and
shall remain confidential and not be disclosed except as required
to administer the permit or licensure program or comply with a state
law or state or federal court order;
(7)
If preparing or selling food, a copy of the Los
Angeles County Department of Public Health permit issued to the vendor;
(8)
If the vendor proposes to be a sidewalk vendor,
a description or site plan map of the proposed location(s) where vending
will take place, showing that the sidewalk location maintains a minimum
of 48 inches of accessible route area, exclusive of the top of the
curb, without obstruction, along the public sidewalk or public right-of-way,
in compliance with the Americans with Disabilities Act and that no
obstruction shall be located in a sidewalk or public right-of-way
less than six feet in width when the sidewalk is adjacent to the curb;
(9)
A copy of general liability policy naming the City
as additional insured in the amount of $1,000,000;
(10)
A certification by the vendor that to his or her
knowledge and belief, the information contained in the application
is true;
(11)
A City of Avalon business license;
(12)
A copy of a valid mobile food permit issued by
the Los Angeles County Department of Public Health, as required or,
if not, a certification that such a permit will be obtained within
a year of applying for a sidewalk vending permit;
(13)
A written acknowledgment by the vendor that the
vendor agrees to comply with all the provisions of this chapter and
all applicable provisions of the City of Avalon Municipal Code;
(14)
A description and/or image of any pushcart, stand,
display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized
conveyance the vendor proposes using; and
(15)
An agreement by the sidewalk vendor to defend,
indemnify, release, and hold harmless the City, its City Council,
boards, commissions, officers and employees from and against any and
all claims, demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements
and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to the permit
or the vendor's sidewalk vending activities. This indemnification
shall include, but not be limited to, damages awarded against the
City, if any, costs of suit, attorneys' fees, and other expenses incurred
in connection with such claim, action, or proceeding whether incurred
by the permittee, City, and/or the parties initiating or bringing
such proceeding.
(c)
At the time the application or renewal application is filed,
the application shall pay the permit processing fee established by
separate resolution of the City Council.
(d)
Applicants may apply to simultaneously vend both food and merchandise
under the same permit application. If an applicant sidewalk vendor
proposes to sell both food and merchandise, the City may approve a
proposed sidewalk vendor to sell merchandise alone, food alone, neither,
or both, and shall base its decision upon whether or not the applicant
meets all the necessary requirements contained in this chapter. Upon
receiving approval to sell both merchandise and food, a permit-holding
sidewalk vendor may sell both food and merchandise under the same
permit.
[6-4-2019 by Ord. No.
1175-19, effective 7-4-2019]
Sidewalk vendors shall not engage in sidewalk vendor activities
at the following locations:
(a)
The Cabrillo Mole.
(b)
Crescent Avenue from the Cabrillo Mole to the Casino and any
walkway adjacent to Crescent Avenue from the Cabrillo Mole to the
Casino, except that a sidewalk vendor may operate on the City's property
at the Casino Dock location until a vendor with an exclusive agreement
to sell food and beverages on said site opens, in which case sidewalk
vending shall be prohibited.
(c)
Any public property that does not meet the definition of a sidewalk
or pathway including, but not limited to, an alley, intra-block, walkway,
beach, street, street end, or parking lot.
(d)
Joe Machado Field.
[6-4-2019 by Ord. No.
1175-19, effective 7-4-2019]
(a)
Upon acceptance of a properly completed and filed sidewalk vendor
permit application, the Community Services Director or the City Manager
shall conduct a preliminary investigation to determine compliance
with this chapter and shall make such determination within no more
than 30 days of acceptance to approve or deny the application. The
Community Services Director or City Manager shall provide the applicant
with written notice of his or her decision to the address indicated
in the application.
(b)
The Community Services Director or City Manager may deny an
application for a permit if he or she makes any of the following findings:
(1)
The applicant has failed to pay the application
permit fee.
(2)
The applicant has made one or more material misstatements
in the application for a permit.
(3)
The applicant does not have a valid social security
card or valid California Driver's license; or valid individual taxpayer
identification number; or a municipal identification number.
(4)
The applicant's vending operation, as described
in the application, is inconsistent with the standards, conditions,
and requirements of this chapter.
(5)
Within five years of the date of the application,
the applicant has been convicted in a court of competent jurisdiction
or pled nolo contendere to any felony offense involving the sale of
a controlled substance specified in California Health and Safety Code
§§ 11054, 11055, 11056, 11057 or 11058, or at the time
of application is on probation or parole for any offenses set forth
in this section for an offense that was committed within five years
of the date of the application.
(6)
It is determined that the applicant does not possess
all federal, state, and local permits and licenses necessary to engage
in the activity in which he or she seeks to engage, except any permit
required by the Los Angeles County Department of Public Health, in
which case such permit shall be obtained within a year of the granting
of a sidewalk vending permit.
(7)
The City's cap on the number of total sidewalk
vending permits, being six, has been reached, with the understanding
that a stationary vending permit shall also allow a person to be a
roaming vendor for the same food and/or merchandise.
(8)
The City's cap on the number of sidewalk vending
permits, being allowed with a designated public park, being one per
park, up to a total of two permits to vend in public parks, has been
reached.
(9)
The applicant proposes to sell alcohol, drugs,
and/or cannabis.
(10)
A member of the applicant's immediate family,
defined as a spouse or children, already holds a permit.
(11)
The applicant is an agent and/or employee of the
same company and/or corporation of another permit holder.
(12)
The pushcart, stand, display, pedal-driven cart,
wagon, showcase, rack, or other nonmotorized conveyance the vendor
proposes using exceeds the measurements of eight feet high by eight
feet long by four feet wide.
(13)
The applicant proposes to use noise amplification
devices.
(c)
If the application is denied, the reasons for disapproval shall
be noted on the application, and the applicant shall be notified that
his or her application is denied and that no permit will be issued.
Notice shall be mailed to the applicant at the address shown on the
application form.
(d)
If the Community Services Director or City Manager approves
the applicant's permit, he or she shall endorse his or her approval
on the application and shall, upon payment of the prescribed fee,
deliver the permit to the applicant. Such permit shall state at which
location(s) the applicant has been approved to vend and any conditions
of approval for the permit.
(e)
Exemptions. A sidewalk vending permit shall not be required
for the following activities:
(1)
The sale of agriculture products on the site where
the product is grown.
(2)
Catering for private parties held exclusively on
private property and not open to the general public.
(3)
Events permitted pursuant to a lawfully issued
special event permit including but not limited to a certified farmers'
market, swap meet, street fairs, outdoor concerts, sport league opening
day, and business sidewalk sales.
(4)
First Amendment Protected Vending.
(f)
Term of Permit. The permits issued pursuant to this chapter
shall automatically expire two years for food vendors and 18 months
for merchandise vendors from the date issued, unless an earlier expiration
date is noted on the permit.
(g)
Transferability. A sidewalk vending permit shall not be transferable
to any other entity or person and is valid only as to the original
applicant. Each individual who proposes to be a sidewalk vendor must
apply for and receive a permit before commencing sidewalk vending
activities.
(h)
Display of Permit. Such permit shall, during the time such permittee
is engaged in sidewalk vending, be worn constantly by the permittee
on the front of his or her outer garment in such a way as to be conspicuous.
Sidewalk vendors shall be required to exhibit their permits and/or
licenses at the request of any person, in addition to wearing them
in a conspicuous place.
(i)
If an applicant is approved to receive such permit, and the
applicant does not vend at least four times a week for two different
unexcused four-consecutive-week periods within the period of one year,
the permit shall automatically expire. If the applicant demonstrates
to the City that he or she has a valid excuse for not vending at least
four times per week for four consecutive weeks, including but not
limited to being sick, then the Community Services Director or City
Manager may halt and/or reverse the automatic expiration of the permit's
validity. In order to satisfy this requirement that a sidewalk vendor
vend on a certain day, that vendor must be open and operating for
a minimum of four hours.
(j)
If more applications are received than there are available permits,
the Community Services Director or City Manager shall administer a
lottery system to award the permits via lottery to those applicants
who have filed a complete application with the City, which may include
a waiting list. The details of the operation of the lottery system
shall be set by separate resolution of the City.
(k)
If an applicant or permittee desires to appeal denial of their application
or other ruling of the Community Services Director or City Manager
on the grounds that the determination creates a hardship, such applicant
or any other person aggrieved shall have the right to appeal such
action or decision to the City Council within 15 days after the notice
of the action or decision has been mailed to the person' s address
as shown on the permit application. An appeal shall be taken by filing
with the City Clerk a written appeal statement setting forth the grounds
for the appeal, along with the City' s appeal fee, which shall be
established by City Council resolution. A hearing shall be set not
later than 60 days from the dates of filing of the applicants written
appeal statement.
[Added by Ord. No. 1200-21, eff. September 16, 2021]
[6-4-2019 by Ord. No.
1175-19, effective 7-4-2019]
(a)
Stationary sidewalk vendors shall be prohibited from operating
or establishing in any residential zone of the City.
(b)
Stationary sidewalk vendors may operate in nonresidential zones
of the City, including mixed use zones, provided they meet the following:
(1)
The sidewalk vendor is duly licensed and meets
all requirements of § 5-21.03;
(2)
The sidewalk vendor can set up their vending operation
while still leaving a minimum of 48 inches of accessible path of travel,
exclusive of the top of the curb, without obstruction, along the public
sidewalk or public pathway. No obstruction shall be located in a sidewalk
or public right-of-way less than six feet in width when the sidewalk
is adjacent to the curb;
(3)
The sidewalk vendor maintains the vending area
in a clean, orderly, and sanitary condition, including maintaining
and emptying trash receptacles for waste generated by their operations;
(4)
The sidewalk vendor location does not block entrances
to private buildings, private driveways, parking spaces or building
windows;
(5)
No vending shall occur within 10 feet of a fire
hydrant, fire escape, bus stop, loading zone, handicapped parking
space or access ramp, fire station driveway, or police station driveway;
(6)
No tables, chairs, fences, shade structures, other
site furniture, or any freestanding signs shall be permitted in conjunction
with the vendors' vending activities;
(7)
The vendor shall not attach or use any waterlines,
electrical lines, or gas lines during vending operations;
(8)
Exterior storage or display of refuse, equipment,
materials, goods, wares, or merchandise associated with the vendor
is prohibited;
(9)
To prevent foodborne illness and protect the health
and safety of the City's residents, every sidewalk vendor selling
any food or beverage is required to wear a hairnet and food service
gloves;
(10)
No vending shall occur within a corner cutoff
area. A corner cutoff area is that area at all intersecting and intercepting
streets or highways. The cutoff line shall be in a horizontal plane,
making an angle of 45° with the side, front, or rear property
line, as the case may be. It shall pass through the points located
on both sides and front or rear property lines at a distance of 30
feet from the intersection of such lines at the corner of a street
or highway;
(11)
No vending shall occur within three feet of any
streetlights, edges of tree wells, parking meters, or aboveground
utility structures;
(12)
No vending shall occur within two feet of any
existing subsurface utility box, valve, or vault;
(13)
No vending shall occur within 50 feet of another
vendor;
(14)
No vending shall occur within 10 feet of bus stop
locations, red curbs, or at locations where there are existing aboveground
amenities such as newsstands or street furniture, including but not
limited to benches and bike racks;
(15)
No vending shall occur in roadways, medians, pedestrian
islands, or bikeways;
(16)
No vending shall occur within 20 feet of the entrance
way to any building, store, theater, movie house, house of worship,
or place of public assembly;
(17)
A sidewalk vending permit does not provide an
exclusive right to operate within any specific portion of the public
right-of-way;
(18)
No equipment or objects used for sidewalk vending
purposes may be left unattended or maintained in public spaces or
in any portion of the public right-of-way from 10:00 p.m. to 8:00
a.m. Any equipment or objects left overnight in public spaces or in
any portion of the public right-of-way shall be considered discarded
and may be seized or disposed of by the City;
[Amended by Ord. No. 1200-21, eff. September 16, 2021]
(19)
To prevent unintended rolling or slipping, a sidewalk
vendor is prohibited from operating a pushcart, pedal-driven cart,
wagon, or other nonmotorized conveyance on a public right-of-way with
a slope greater than 5%;
(20)
No vending shall occur within 20 feet of any location
designated by the City's Fire Department as needing to be kept clear
for safety purposes; and
(21)
Vending hours are restricted to between the hours
of 2:00 a.m. and 8:00 a.m.
[Amended by Ord. No. 1200-21, eff. September 16, 2021]
(c)
In the spirit of cooperation and with a desire to encourage economic activity, the City has taken steps to map out suggested locations in which stationary sidewalk vendors could vend and meet all of the requirements enumerated in Subsection (b) of this § 5-21.06. Such approved suggested locations are on file at the office of the Community Services Director and the information is available upon request.
(d)
The City's Fire Department shall have authority in unique situations
to order sidewalk vendors to keep clear any and all areas that pose
a risk to safety because of overcrowding. Unique situations that attract
unusually large crowds include but are not limited to the Fourth of
July.
[6-4-2019 by Ord. No.
1175-19, effective 7-4-2019]
(a)
Sidewalk vending of food or merchandise by stationary vendors
shall be prohibited in any City park (Joe Machado Field) with a concession
stand operated by a vendor under exclusive contract with the City
selling similar food or merchandise.
(b)
Sidewalk vendors may operate in City parks provided they meet
the following:
(1)
The sidewalk vendor is duly licensed and meets
all requirements of § 5-21.03;
(2)
For stationary sidewalk vending, the sidewalk vendor
can set up their vending operation while still leaving a minimum of
48 inches of accessible path of travel, without obstruction, along
the public sidewalk or public pathway;
(3)
The sidewalk vendor shall cease operations one
hour prior to the close of the park;
(4)
The sidewalk vendor maintains the vending area
in a clean, orderly, and sanitary condition, including maintaining
and emptying trash receptacles for waste generated by their operations;
(5)
The sidewalk vendor location does not block entrances
to buildings, driveways, parking spaces, or building windows;
(6)
No vending shall occur within the immediate vicinity
of an event held pursuant to a special event permit;
(7)
No vending shall occur within a corner cutoff area.
A corner cutoff area is that area at all intersecting and intercepting
streets or highways. The cutoff line shall be in a horizontal plane,
making an angle of 45° with the side, front, or rear property
line, as the case may be. It shall pass through the points located
on both sides and front or rear property lines at a distance of 30
feet from the intersection of such lines at the corner of a street
or highway;
(8)
The sidewalk vendor does not cause an undue concentration
of commercial activity that unreasonably interferes with the scenic
and natural character of the park or necessary to ensure the public's
use and enjoyment of natural resources and recreational opportunities
or regulations directly related to objective health, safety, or wellness
concerns;
(9)
No vending shall occur in public streets, roadways,
medians, pedestrian islands, parking lots, alleys, or bikeways; and
(10)
The sidewalk vendor in parks shall be limited
to one vendor per park, up to a total of two permits to vend in public
parks.
[6-4-2019 by Ord. No.
1175-19, effective 7-4-2019]
(a)
Roaming sidewalk vendors shall meet the following:
(1)
The sidewalk vendor is duly licensed and meets
all requirements of § 5-21.03 of this chapter;
(2)
Roaming sidewalk vending hours for residential
zones are restricted to a start time of 8:00 a.m. and concluding one
hour prior to dusk while for nonresidential zones vending hours are
restricted to the same hours of operations as other businesses on
the same street as the sidewalk vendor;
(3)
The sidewalk vendor maintains their temporary vending
area in a clean, orderly, and sanitary condition, including maintaining
and emptying trash receptacles for waste generated by their operations;
(4)
The sidewalk vendor does not block entrances to
buildings, driveways, parking spaces, or building windows;
(5)
The sidewalk vendor does not conduct sales from
a public street;
(6)
No vending shall occur within a corner cutoff area.
A corner cutoff area is that area at all intersecting and intercepting
streets or highways. The cutoff line shall be in a horizontal plane,
making an angle of 45° with the side, front, or rear property
line, as the case may be. It shall pass through the points located
on both sides and front or rear property lines at a distance of 30
feet from the intersection of such lines at the corner of a street
or highway;
(7)
No vending shall occur within three feet of any
streetlights, edges of tree wells, parking meters, or aboveground
utility structures;
(8)
No vending shall occur within two feet of any existing
subsurface utility box, valve, or vault;
(9)
No vending shall occur within 50 feet of another
vendor;
(10)
No vending shall occur within 10 feet of bus stop
locations, red curbs, or at locations where there are existing aboveground
amenities such as newsstands or street furniture, including but not
limited to benches and bike racks;
(11)
No vending shall occur in roadways, medians, pedestrian
islands, or bikeways;
(12)
No vending shall occur within 20 feet of the entranceway
to any building, store, theater, movie house, house of worship, or
place of public assembly;
(13)
To prevent foodborne illness and protect the health
and safety of the City's residents, every sidewalk vendor selling
any food or beverage is required to wear a hairnet and food service
gloves;
(14)
No equipment or objects used for sidewalk vending
purposes may be left or maintained in public spaces or in any portion
of the public right-of-way from 10:00 p.m. to 8:00 a.m. Any equipment
or objects left overnight in public spaces or in any portion of the
public right-of-way shall be considered discarded and may be seized
or disposed of by the City;
(15)
To prevent unintended rolling or slipping, a sidewalk
vendor is prohibited from operating a pushcart, pedal-driven cart,
wagon, or other nonmotorized conveyance on a public right-of-way with
a slope greater than 5%;
(16)
No vending shall occur within 20 feet of any location
designated by the City's Fire Department as needing to be kept clear
for safety purposes; and
(17)
No vending shall occur in public beach areas or
on walkways that are adjacent to the public beach areas.
[6-4-2019 by Ord. No.
1175-19, effective 7-4-2019]
(a)
A sidewalk vendor permit issued under this chapter may be suspended
or rescinded by the Community Services Director or City Manager after
four or more violations of this chapter in accordance with § 5-21.11
of this chapter, at their discretion, for any of the following causes:
(b)
Notice of the suspension or rescission of a sidewalk vendor
permit issued under this chapter shall be mailed, postage prepaid,
to the holder of the sidewalk vendor permit at his or her last known
address.
[6-4-2019 by Ord. No.
1175-19, effective 7-4-2019]
In the event that any applicant or permittee desires to appeal
from any order, rescission, or other ruling of the Community Services
Director made under the provisions of this chapter, such applicant
or any other person aggrieved shall have the right to appeal such
action or decision to the City Manager within 15 days after the notice
of the action or decision has been mailed to the person's address
as shown on the permit application. An appeal shall be taken by filing
with the City Clerk a written appeal statement setting forth the grounds
for the appeal, along with the City's appeal fee, which shall be established
by City Council resolution. The filing of the appeal shall stay the
enforcement of any decision suspending or rescinding the permit. The
Community Services Director shall transmit the written statement to
the City Manager within 10 days of its filing and payment of the appeal
fee, and the City Manager shall set a time and place for a hearing
on appeal. A hearing shall be set not later than 60 days from the
date of filing of the applicant's written appeal statement with the
Police Department. Notice of the time and place of the hearing shall
be given to the appellant in the same manner as provided for the mailing
of notice of suspension or rescission at least five days prior to
the date set for the hearing. At the hearing, the permittee and the
City shall be entitled to legal representation and may present relevant
evidence, testify under oath, and call witnesses who shall testify
under oath. The City Manager shall not be bound by the traditional
rules of evidence in a hearing, except that hearsay evidence may not
be the sole basis for the decision of the City Manager. The City Manager
may continue the hearing as deemed necessary. The decision of the
City Manager on the appeal shall be final and binding on all parties
concerned.
[6-4-2019 by Ord. No.
1175-19, effective 7-4-2019]
(a)
It is unlawful for any person to violate any provision or fail
to comply with any requirements of this chapter. A violation of this
chapter shall by punished by:
(1)
An administrative fine not exceeding $100 for a
first violation.
(2)
An administrative fine not exceeding $200 for a
second violation within one year of the first violation.
(3)
An administrative fine not exceeding $500 for each
additional violation within one year of the first violation.
(4)
Rescinding the vending permit issued to the vendor
for the remaining term of that permit upon the fourth violation or
subsequent violations.
(b)
A violation of vending without a sidewalk vending permit may, in lieu of the penalties set forth in Subsection (a), set forth above, be punished by:
(c)
If an individual is subject to Subsection (b), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this chapter shall be reduced to the administrative fines set forth in Subsection (a), respectively.
(d)
The proceeds of any administrative fines assessed pursuant to
this chapter shall be deposited in the treasury of the City.
(e)
Failure to pay an administrative fine assessed under this chapter
shall not be punishable as an infraction or misdemeanor. Additional
fines, fees, assessments, or any other financial conditions beyond
those authorized in this chapter shall not be assessed.
(f)
Any violation of this chapter shall not be punishable as an
infraction or misdemeanor, and any person alleged to have violated
any provisions of this chapter shall not be subject to arrest except
when otherwise permitted under law.
(g)
When assessing an administrative fine pursuant to this chapter,
the adjudicator shall take into consideration the person's ability
to pay the fine. The City shall provide the person with notice of
his or her right to request an ability-to-pay determination and shall
make available instructions or other materials for requesting an ability-to-pay
determination. The person may request an ability-to-pay determination
at adjudication or while the judgment remains unpaid, including when
a case is delinquent or has been referred to a comprehensive collection
program.
(1)
If the person meets the criteria described in Subdivision
(a) or (b) of Government Code § 68632, the City shall accept,
in full satisfaction, 20% of the administrative fine imposed pursuant
to this chapter.
(2)
The City may allow the person to complete community
service in lieu of paying the total administrative fine, may waive
the administrative fine, or may offer an alternative disposition.
(h)
A person who is currently serving, or who completed, a sentence,
or who is subject to a fine, for a conviction of a misdemeanor or
infraction for sidewalk vending, whether by trial or by open or negotiated
plea, who would not have been guilty of that offense under SB 946
had SB 946 been in effect at the time of the offense, may petition
for dismissal of the sentence, fine, or conviction before the trial
court that entered the judgment of conviction in his or her case.
(i)
Nothing contained herein shall be construed to impede the City's
or county's ability to enforce County Health Department codes and
regulations.
