The purpose of this chapter is to establish a program to regulate
vending in the public right-of-way in accordance with state law. The
reasonable time, place and manner regulations set forth in this chapter
are necessary to protect the public health, safety and welfare by,
among other things, minimizing potential conflicts between motor vehicles
and pedestrians and vendors in the public right-of-way, ensuring unobstructed
pedestrian travel on City sidewalks and safe and unfettered access
to school sites, and limiting the potential for noise and disruption
in residential zones. Furthermore, regulations are necessary to prevent
unsanitary conditions, and to ensure trash and debris in the areas
vending is taking place are removed by vendors.
(1506 § 1, 1976; 2802 § 1, 2011; 2901 § 2, 2019)
The following terms used in this chapter shall have the meaning
indicated below:
"Certified farmers' market"
means 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.
"Food"
means any type of edible substance or beverage intended primarily
for consumption by human beings.
"Merchandise"
means small and easily carried or worn items that are not
food, including, but not limited to, souvenirs, toys, articles of
clothing, flowers, etc.
"Public right-of-way"
means the area dedicated to public use for street or pedestrian
purposes, including privately owned and maintained roads within the
city that are generally held open to the public for purposes of vehicular
and pedestrian traffic and includes alleys, driveways, highways, medians,
parkways, planter strips, roads, sidewalks, and streets.
"School"
means any public or private educational institution which
is run by the state or a subdivision thereof or which is licensed
by the state to offer pre-school, elementary or secondary academic
instruction, including kindergartens, elementary schools, middle or
junior high schools, and high schools.
"Sidewalk"
means that portion of the public right-of-way provided for
the primary use of pedestrians along or adjacent to the street, including
a public pathway provided for the primary use of pedestrians.
"Sidewalk vendor"
means a person who sells food or merchandise from a pushcart,
stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance, or from one's person, upon a sidewalk or
other pedestrian path. This definition includes "roaming sidewalk
vendor" and "stationary sidewalk vendor."
"Swap meet"
means 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.
"Temporary special permit"
means a permit issued by the City for the temporary use of,
or encroachment on, the sidewalk or other public area, including,
but not limited to, an encroachment permit, special event permit,
or temporary event permit, for purposes including, but not limited
to, filming, parades, athletic events, public assemblies, carnivals,
festivals, and outdoor concerts.
"Vend, vends, or vending"
means to sell, offer for sale, expose or display for sale,
solicit offers to purchase, or to barter food or merchandise, or to
require someone to negotiate, establish, or pay a fee before providing
food or merchandise, even if characterized as a donation.
(1506 § 1, 1976; 2802 § 1, 2011; 2901 § 2, 2019)
Vending of prepared food products from stationary motor vehicles is only permitted pursuant to Title
9 (Land Use) and Chapter
6.16 of this Code. Vending of prepared food products from roaming motor vehicles is permitted on the public right-of-way in compliance with Chapter
6.16 (Food Handling) of this Code and
Vehicle Code Section 22455, subject to the following additional requirements:
A. The
time between stopping the vehicle to dispense any item of food and
the time the vehicle leaves the location shall not exceed 10 minutes;
B. The
vehicle must move at least 500 feet between each stop;
C. The
parked location of the vehicle must be at least 100 feet from an intersection
to minimize impacts on traffic flow and the potential obstruction
of sight lines and observation;
D. The
opening of the vehicle from which sales are made must face the sidewalk
or such other direction so that customers are not required to stand
in the vehicular right-of-way;
E. No vending
from motor vehicles is permitted within 1000 feet from any school
while children are going to or leaving such school during school opening
or closing hours, or during the noon or lunch-time recess period.
(2901 § 2, 2019)
In addition to the requirements set forth in Section
8.48.030 herein, no sidewalk vendor shall sell food or merchandise in any park owned or operated by the City, except as provided by this section, subject to the following requirements:
A. No stationary
sidewalk vendor shall sell food or merchandise in a park if the operator
of the park has signed an agreement for concessions that exclusively
permits the sale of food or merchandise by the concessionaire.
B. No sidewalk
vendor shall sell food or merchandise in a park when the park has
been designated for a temporary special permit issued by the City,
including nearby parking lots used to accommodate the event. A prohibition
of sidewalk vendors pursuant to this section shall only be effective
for the limited duration of the temporary special permit.
C. A sidewalk
vendor shall be restricted to operating within the posted hours of
the park.
(2901 § 2, 2019)
In addition to the requirements set forth in Section
8.48.030 herein, the following restrictions shall apply to sidewalk vendors in residential zones:
A. Stationary
sidewalk vendors are prohibited.
B. A roaming
sidewalk vendor shall move from place to place and stop only to complete
a transaction.
C. A sidewalk
vendor shall be restricted to operating within the limited hours of
8:00 a.m. to 6:00 p.m.
(2901 § 2, 2019)
In addition to the requirements set forth in Section
8.48.030, no sidewalk vendor shall operate within 500 feet of any school property from 7:00 a.m. to 4:00 p.m. when school is in session or during graduation ceremonies.
(2901 § 2, 2019)
A person found in violation of this chapter shall be subject
to the following:
A. Operating
without a valid sidewalk vending permit:
1. An
administrative fine not exceeding $250.00 for a first violation.
2. An
administrative fine not exceeding $500.00 for a second violation within
one year of the first violation.
3. An
administrative fine not exceeding $1,000.00 for each additional violation
within one year of the first violation.
4. The
administrative fines listed in this subsection may be reduced from
$250.00 to $100.00, $500.00 to $200.00, and $1,000.00 to $500.00 upon
submission of proof of a sidewalk vending permit before such fines
are due.
B. Operating
as a sidewalk vendor in violation of this chapter, other than the
failure to possess a valid sidewalk vending permit:
1. An
administrative fine not exceeding $100.00 for a first violation.
2. An
administrative fine not exceeding $200.00 for a second violation within
one year of the first violation.
3. An
administrative fine not exceeding $500.00 for each additional violation
within one year of the first violation.
4. The
city manager, or designee, may rescind a sidewalk vending permit issued
to a sidewalk vendor for the term of that permit upon the fourth violation
or subsequent violations.
C. A sidewalk vendor may contest an administrative fine or the rescission of a sidewalk vending permit pursuant to the provisions set forth in Sections
1.22.030 through
1.22.060 and Section
1.22.080 under this Code.
D. A sidewalk vendor who has been issued an administrative fine under this chapter may request a determination of his or her ability to pay the administrative fine pursuant to the provisions of
Government Code Section 51039(f). If the sidewalk vendor shows proof to the satisfaction of the hearing officer (if the request is made at the time of an administrative appeal hearing), or the City Manager or his or her designee (if the request is made at any other time), that he or she meets the criteria set forth in
Government Code Section 68632, subsections
(a) or
(b), th
e fine amount shall be reduced to 20% of the original fine amount.
E. Violations of the regulations of this chapter not specifically applicable to sidewalk vending and sidewalk vendors and Section 51039 of the
Government Code shall be subject to criminal or civil enforcement pursuant to Chapters
1.04 and/or
1.22 of this Code, in addition to any other applicable penalties or remedies prescribed by law.
(2901 § 2, 2019)