As used in this chapter, the following meanings shall apply unless the context clearly indicates a contrary intent:
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Sidewalk vending receptacle"
means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.
"Sidewalk vendor"
means a person who sells food or merchandise from a sidewalk vending receptacle, or from one's person, upon a public sidewalk, pedestrian path, or other public right-of-way.
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
(Ord. 19-481)
A. 
Only sidewalk vendors with valid sidewalk vending permits issued by the Town may vend upon the Town's public right-of-way.
B. 
A sidewalk vending permit shall be valid for a period of one year from the date of issuance, unless sooner revoked as set forth in this chapter.
C. 
To apply for a sidewalk vending permit, the applicant must provide:
1. 
A completed application form containing:
a. 
The name and mailing address of the applicant;
b. 
Description of the food and/or merchandise offered for sale or exchange;
c. 
If the sidewalk vendor is an agent of an individual, company, partnership, corporation, limited liability company, or other association, the name and business address of the principal and any owners of the company, partnership, corporation, limited liability company, or other association; and
d. 
Certification under penalty of perjury that the information is true and correct.
2. 
A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by Government Code Section 51038(c)(4).
3. 
A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.
4. 
A copy of a valid mobile food facility permit, authorization, or equivalent issued by the Napa County Environmental Health, as required.
5. 
A statement indicating whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended method and path of travel.
D. 
The Town requires all sidewalk vending applicants to undergo a fingerprinting background check and to submit the results to the Town as an attachment to their application.
E. 
The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of this code.
(Ord. 19-481)
A. 
To maintain accessibility standards for the Town's disabled residents, every sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk to less than 48 inches, exclusive of the top of the curb. 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.
B. 
To prevent foodborne illness and protect the health and safety of the Town's residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves.
C. 
A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way.
D. 
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 will be considered discarded and may be seized or disposed of by the Town.
E. 
To facilitate the enforcement of this chapter, every sidewalk vendor must display their Town-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way.
F. 
To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other non-motorized conveyance on a public-right-of-way with a slope greater than five percent.
G. 
To preserve accessibility to private and public facilities, a sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed impeding entry to and exit from a business or residence or access to a public facility.
H. 
A sidewalk vendor shall not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana, or adult-oriented material depicting, describing or relating to sexual activities.
I. 
A sidewalk vendor must carry waste disposal bags or containers to permit the separate disposal of trash, food, liquids, and recyclables.
J. 
No sidewalk vending receptacle shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials. A sidewalk vendor may not use an open flame on or within any sidewalk vending receptacle.
K. 
Sidewalk vending receptacles shall not touch, lean against, or be affixed at any time to any building or structure including, but not limited to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.
L. 
A sidewalk vendor shall not use single-use plastic products.
M. 
To promote the public's health, welfare, safety, and quality of life, sidewalk vendors shall comply with the noise regulations in Chapter 8.04 of this code.
N. 
Sidewalk vendors shall comply with all other provisions of this code, except as provided in this chapter.
(Ord. 19-481)
A. 
Sidewalk vending hours' limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate 24 hours.
B. 
Sidewalk vending is limited to the hours of 9:00 a.m. through 5:00 p.m. for areas that are exclusively residential.
C. 
Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential.
D. 
A stationary sidewalk vendor is prohibited from operating in a Town park if the Town has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that Town park.
E. 
To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no sidewalk vendor is permitted to operate within 500 feet of a public or private school during the period extending one hour before the start of classes and one hour after the end of classes.
F. 
To protect the health and safety of school children, no state-registered sex offender may operate as a sidewalk vendor within 500 feet of a public or private school at any time.
(Ord. 19-481)
Notwithstanding any other provision of this code, a violation of this chapter shall be punishable as follows in accordance with Chapter 8.05 of this code:
A. 
Every person vending without a sidewalk vending permit is guilty of an administrative violation punishable by an administrative fine not to exceed:
1. 
$250.00 for a first violation; or
2. 
$500.00 for a second violation within one year of the first violation; or
3. 
$1,000.00 for each additional violation within one year of the first violation.
4. 
Upon proof of a valid permit issued by the Town the administrative fine in subsection A will be reduced to the corresponding administrative fine in subsection B.
B. 
Every person violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:
1. 
$100.00 for a first violation; or
2. 
$200.00 for a second violation within one year of the first violation; or
3. 
$500.00 for each additional violation within one year of the first violation.
C. 
Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the Town may levy a lien on the violator's real or personal property, including the vehicle used for vending purposes.
D. 
An administrative violation constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter.
E. 
The Town may revoke a sidewalk vending permit for a violation of this chapter by utilizing the administrative hearing procedures in Chapter 8.05 of this code. If a sidewalk vending permit is revoked, the individual, company, partnership, corporation, limited liability company, or other association to which the permit was issued, and one or more persons associated with the same, may not apply for a new sidewalk vending permit for a period of one year after the effective date of such revocation.
(Ord. 19-481)
A. 
Any fine issued under Section 12.02.050 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.
B. 
If the requestor is receiving public benefits under Government Code Section 68632, subdivision (a), or has a monthly income which is 125% or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Public Works Director will limit the total amount of the requestor's administrative fine to 20% of the total and may:
1. 
Allow the person to complete community service in lieu of paying the total administrative fine; or
2. 
Waive the administrative fine; or
3. 
Offer an alternative disposition.
(Ord. 19-481)
The provisions of this chapter shall not apply to conduct that has been expressly permitted or authorized under a separate permit or approval from the Town; provided, however, that such conduct complies with all conditions and requirements of such separate permit and approval.
(Ord. 19-481)