(a)
The
City Council hereby finds that, to promote the health, safety and
welfare, restrictions on street vending are necessary in part to:
(1)
Ensure no interference with the performance of public safety officers,
including, but not limited to, police, firefighter, lifeguard, security
and emergency medical personnel services.
(2)
Ensure no interference with 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.
(3)
Ensure no interference with barriers (bollards, vehicles, cement
or water) which are designed to stop vehicles and prevent injury to
people.
(4)
Provide reasonable access for sidewalk vending activities in portions
of the City while preserving the use and maintenance of sidewalks,
pathways, poles, posts, traffic signs or signals, hydrants, restrooms,
trash receptacles, firefighting apparatuses, mailboxes, public benches
and/or planters/trees, as well as access to locations used for public
transportation services.
(5)
Reduce exposure to the City for personal injury or property damage
claims and litigation.
(6)
Ensure the safe sale of food and merchandise in the public right-of-way.
Providing a clear and simple way to enforce food safety and compliance
with Los Angeles County Department of Public Health requirements.
(7)
Ensure that visibility, sight lines, and accessibility for vehicular
and pedestrian traffic on sidewalks and other rights-of-way are protected,
while accommodating sidewalk vendor equipment.
(8)
Protect 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.
(9)
Ensure reasonable access for the use and maintenance of sidewalks,
pathways, poles, posts, traffic signs or signals, hydrants, restrooms,
trash receptacles, firefighting apparatuses, mailboxes, public benches
and/or planters/trees, as well as access to locations used for public
transportation services.
(10)
Mitigate the impacts of sidewalk vending activity and protect the
unique characteristics of the City, including maximizing public access
to and along the coast.
(11)
Prevent vendors and their customers from creating unsanitary conditions
and ensuring that trash and debris in the areas where vending is taking
place are removed by sidewalk vendors.
(b)
The
City Council hereby finds that the unique characteristics of the City
require certain restrictions on sidewalk vending activities as follows:
(1)
The City Council finds that sidewalk vendors in the City seek and
do draw patrons to their and merchandise carts. This can create serious
safety problems by impacting the ability of pedestrians to move safely
on sidewalks and through cross walks and impeding the response time
of safety personnel, particularly in the Artesia/Aviation Corridor,
at the beach and the Esplanade, at City parks and in residential areas.
sidewalk vendors can also impact access to and egress from businesses
that abut the sidewalks they utilize to sell their wares. This chapter
imposes reasonable time, place, and manner restrictions on sidewalk
vendors to the extent necessary to ensure the safety of sidewalk vendors,
their patrons, the general public, and to prevent unreasonable interference
with residents' enjoyment of peace and quiet in the City.
(2)
The Civic Center contains the City' s emergency operation center,
the headquarters for the Fire Department, and other critical infrastructure.
Restrictions on sidewalk vending activity are necessary to ensure
that fire equipment is easily accessible and critical infrastructure
is maintained and accessible at all times.
(3)
City parks provide passive and active recreational opportunities,
and restrictions on sidewalk vending activity are necessary to protect
the natural resources, recreational and sport opportunities, as well
as scenic and natural character of these parks.
(4)
The City seeks to preserve the peace and quiet of the residential
zones of the City, by prohibiting commercial activities such as sidewalk
vendors.
(5)
Many of the Sidewalks and Pathways in the City are under eight feet
wide or less, and sidewalk vending activity in these areas would unreasonably
interfere with the flow of pedestrians and disrupt access for persons
with disabilities.
|
The City Council of the City of Redondo Beach does hereby find
that the above referenced recitals are true and correct and material
to the adoption of the ordinance codified in this section.
|
(§ 2, Ord. 3220 c.s., eff. October 21, 2021)
Whenever any words or phrases used herein are not defined, but
are defined in the California Vehicle Code, such definitions shall
apply, including for the definitions of Business District, Highway,
Road, Sidewalk, and Street. If a term or phrase is not defined in
this part, or elsewhere in this Code, the most common dictionary definition
is presumed to be correct.
The following words and phrases, whenever used in this chapter,
shall mean as follows:
means that County beach located west of and adjacent to the
Esplanade.
means the driveways or parking area to service the beach,
the harbor, piers and wharves as further defined in Title 12 of this
code, excluding those areas located on a street or highway.
means a push cart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other non-motorized conveyance used for sidewalk
vendor activity.
means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the food and Agricultural
Code, as may be amended, and any regulations adopted pursuant to that
chapter.
means any building and the abutting parking lot(s) which
is owned or occupied by the City of Redondo Beach or any of its departments
and which is used for public purposes.
means all property owned or controlled by the City, including,
but not limited to, buildings, libraries, alleys, beaches, boardwalks,
parks, pathways, streets, parking lots, sidewalks, and walking trails.
means the area in the City of Redondo Beach containing City
property bounded by Vincent Street on the south, Carnelian Avenue
to the north, Broadway on the west, Guadalupe Avenue on the east,
including City Hall, The Redondo Beach Public Library, Redondo Beach
Police Department and Redondo Beach Police Annex.
means the Redondo Beach Finance Director.
means the paved public right-of-way between the beach and
the westerly property line of the properties nearest the Pacific Ocean.
means any facility where fire engines and other equipment
of the City Fire Department are housed.
means any item provided in Health and Safety Code Section
113781, or any successor section.
means the streets abutting an activity or event (and any
contiguous parking areas) and the sidewalks on either side of such
streets, and includes any open or unoccupied space between the activity
or event and the abutting streets and sidewalks.
means any and all lifeguard facilities located at the beach.
means any item(s) that can be sold and immediately obtained
from a sidewalk vendor, which is not considered food. Items for rent
shall not be considered merchandise.
means any leased parking lot, structure, facility or area
located outside of the public right-of-way that the City owns or operates
pursuant to Chapter 10.50 for paid parking of vehicles, regardless
of the method of payment, including, but not limited to, parking attendants,
meters, or otherwise.
means a paved path or walkway owned by the City or other
public entity that is specifically designed for pedestrian travel,
other than a sidewalk.
shall mean one or more natural persons, groups, businesses,
business trusts, companies, corporations, joint ventures, joint stock
companies, partnerships, entities, associations, clubs, or organizations
composed of two or more individuals (or the manager, lessee, agent,
servant, officer, or employee of any of them), whether engaged in
business, nonprofit, or any other activity.
means any facility where police vehicles and other equipment
of the City Police Department are housed.
means any area zoned or used exclusively as residential in
Redondo Beach.
means a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
means a public sidewalk or paved pedestrian path or walkway
specifically designed for pedestrian travel.
means a person who vends from a vending cart or from one's
person upon a public sidewalk, parkway, pedestrian path, or other
public right-of-way available to pedestrians.
means actions that qualify a person as a sidewalk vendor
or actions done in anticipation of becoming a sidewalk vendor such
as, but not limited to, placement, or maintenance of any cart.
means a sidewalk vendor who vends from a fixed location.
means a location operated in accordance with Article 6 of
Chapter 9 of Division 8 of the Business and Professions Code, and
any regulations adopted pursuant to that article.
means an event for with a permit issued by the City for the
temporary use of, or encroachment on, the sidewalk or any other public
area, including, but not limited to, an encroachment permit, special
event permit, or temporary use permit, for purposes including, but
not limited to, filming, parades, sporting events, festivals, carnivals,
or outdoor concerns.
means to sell, offer for sale, display for sale, or solicit
offers to purchase food, food products, beverages, goods, or merchandise.
means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other nonmotorized conveyance used for vending
that is not a vehicle as defined in the California Vehicle Code.
(§ 3, Ord. 3220 c.s., eff. October 21, 2021)
(a)
No
person, either for themselves or any other person, shall conduct or
engage in sidewalk vending within the City without first obtaining
a business license and a sidewalk vending permit pursuant to this
chapter.
(b)
A
written application for a sidewalk vendor permit shall be filed with
the Finance Director on a form provided by the City. Such application
shall be accompanied by a nonrefundable application fee in such amount
as established by resolution of the City Council. Any such permit
shall be required to be renewed annually in conjunction with the business
license and a separate nonrefundable application fee paid yearly for
such renewal application. sidewalk vendor permit(s) shall be non-transferable
and any change in ownership or operation of cart requires a new permit.
Further, permit(s) shall be considered temporary and non-permanent
in nature and permittees shall have neither property interest in,
nor any entitlement to, the granting or continuation of any such permit.
(§ 4, Ord. 3220 c.s., eff. October 21, 2021)
(a)
To
apply for a sidewalk vending permit, a person must file an application
with the Director, or designee, accompanied by a non-refundable application
fee in an amount established by resolution of the City Council. The
application shall be in a form prescribed by the Director and shall
contain, at a minimum, the following:
(1)
Valid identification, such as a California driver's license number,
California identification card number, an individual taxpayer identification
number, or social security number;
(2)
The legal name and current address and telephone number of the applicant;
(3)
If the applicant is an agent of an individual, company, partnership,
corporation, or other entity, the name and business address of the
principal;
(4)
The name and contact information of all persons that will be employed
as roaming sidewalk vendors or at a sidewalk vending cart;
(5)
A description of the food or merchandise offered for sale;
(6)
The dimensions of the vending cart including a picture of the vending
cart and any signs that will be affixed to the vending cart;
(7)
A description of the location(s) or area(s) the applicant wishes
to operate;
(8)
The hours per day and the days per week during which the sidewalk
vendor proposes to operate at the location(s) or area(s);
(9)
Whether the applicant intends to operate as a stationary sidewalk
vendor or a roaming sidewalk vendor and, if roaming, the intended
locations and path of travel;
(10)
Whether the sidewalk vendor will be selling food, merchandise or
both;
(11)
If the sidewalk vendor is selling merchandise, a description of the
merchandise to be sold. If the sidewalk vendor is selling food, a
description of the food to be sold;
(12)
A copy of a valid business license issued pursuant to the Redondo
Beach Municipal Code, or if applying simultaneously for a business
license, a completed business license application form;
(13)
A copy of a valid California seller's permit pursuant to Revenue
and Taxation Code Section 6067;
(14)
Certification by the applicant under penalty of perjury that the
information contained in the application is true to his or her knowledge
and belief;
(15)
If a vendor of food or food products, certification of completion
of a food handler course;
(16)
If a vendor of food or food products, proof of all required approvals
from the Los Angeles County Department of Public Health;
(17)
Any applicable discharge permits, in compliance with Article 1 of
Chapter 10 of this Division;
(18)
An acknowledgment that the sidewalk vendor will comply with all other
generally applicable local, State, and Federal laws;
(19)
Any additional licenses from other State or local agencies to the
extent required by law;
(20)
A certification by the sidewalk vendor that, to their knowledge and
belief, the information contained within the application is true;
(21)
An acknowledgment that the sidewalk vendor will obtain and maintain
any insurance required by the Director throughout the duration of
any permit issued under this chapter;
(22)
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 actions, 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 sidewalk vendor, City, and/or
the parties initiating or bringing such proceeding;
(23)
An acknowledgment that use of public property is at the sidewalk
vendor's own risk, the City does not take any steps to ensure public
property is safe or conducive to the sidewalk vending activities,
and the sidewalk vendor uses public property at their own risk;
(24)
Sidewalk vendors may not run power cords or extension cords across
the sidewalk or other public right-of-way;
(25)
Any other relevant information required by the City Manager.
(b)
A
sidewalk vending permit shall not be required for the following activities:
(1)
The sale of agriculture products on sidewalks or pedestrian pathways
on the site where the product is grown.
(2)
Vending from food trucks and other motorized vehicles on public streets
or alleys.
(3)
City-sponsored and/or City-approved special events including, but
not limited to, a certified farmers' market, swap meet, street fairs,
parades, festivals and outdoor concerts. Vendors contracted for these
events shall be exempt from the provisions of this chapter.
(§ 5, Ord. 3220 c.s., eff. October 21, 2021)
The Director, or designee, shall approve the issuance of a permit
if based on all of the relevant information it is determined that:
(a)
The
conduct of the sidewalk vendor as proposed will not unduly interfere
with traffic or pedestrian movement, or interfere with or endanger
the public health, safety or general welfare or encourage loitering.
(b)
The
conduct of the sidewalk vendor as proposed will not unduly interfere
with normal governmental or City operations, threaten to result in
damage or detriment to public property, or result in the City incurring
costs or expenditures in either money or personnel not reimbursed
in advance by the sidewalk vendor.
(c)
Such
sidewalk vending activity will not constitute a fire hazard.
(d)
The
sidewalk vendor has paid all previous administrative fines, completed
all community service, and completed any other alternative disposition
associated in any way with a previous violation of this chapter.
(e)
The
sidewalk vendor has not had a similar such permit revoked within the
past 12 months.
(f)
The
sidewalk vendor application contains all required information and
the sidewalk vendor has not made a materially false, misleading or
fraudulent statement of fact to the City in the application process.
(g)
The
sidewalk vendor has paid the business license tax, or has applied
simultaneously for a City business license for which the tax will
be paid.
(h)
The
sidewalk vendor's cart and proposed activities conform to the requirements
of this chapter.
(i)
The
sidewalk vendor has provided adequate insurance to protect the City
from liability associated with sidewalk vendor activities, as determined
by the City Risk Manager, and the City has been named as an additional
insured on the vendor's insurance policy.
(j)
The
sidewalk vendor has not been convicted of any felony, or conspiracy
to commit, or attempt to commit, the same, as defined by Federal or
State law.
(k)
The
sidewalk vendor has not been convicted of any misdemeanor, or conspiracy
to commit, or attempt to commit, the same, which is sexual in nature
or moral turpitude, as defined by State and/or local law.
(l)
The
sidewalk vendor has not had an individual or business permit or license
with any agency, board, city, county, territory, or state denied,
revoked, restricted, or suspended within the last five years.
(m)
The
sidewalk vendor has not been subject to an injunction for nuisance,
as defined by State or local laws, within the last five years.
(n)
The
conduct of such sidewalk vending activity will not require the diversion
of police officers to properly police the area of such activity as
to interfere with normal police protection for other areas of the
City.
If the permit is denied, written notice of such denial and the
reasons therefor shall be provided to the applicant.
(§ 6, Ord. 3220 c.s., eff. October 21, 2021)
A sidewalk vending permit shall be valid for 12 months, or fraction
thereof, from the date of issuance. The permit period shall coincide
and expire concurrently with the City-issued business license and
become null and void if the vendor fails to renew each year. Renewal
forms will be mailed to the address provided by the applicant prior
to the expiration of his or her active sidewalk vending permit. The
annual permit is not subject to proration.
(§ 7, Ord. 3220 c.s., eff. October 21, 2021)
(a)
Any
sidewalk vendor permit may be revoked by the Finance Director for
good cause shown including, but not necessarily limited to, any of
the following reasons:
(1)
Falsification of any information supplied by the sidewalk vendor
upon which issuance of the permit was based.
(2)
Failure of the permittee, or any employees or subcontractors of the
permittee, to comply with the regulations set forth in this chapter.
(3)
Conviction of a violation, or plea of guilty or nolo contendere,
by the sidewalk vendor or any employee, subcontractor or independent
contractor of the permittee, of any Federal or State law, or municipal
ordinance while in the course of conducting sidewalk vending activity
from a cart pursuant to the permit.
(4)
Conviction of a violation, or a plea of guilty or nolo contendere,
by the sidewalk vendor of any applicable provision or requirement
of this section.
(b)
No
sidewalk vendor whose permit is revoked shall be eligible to apply
for a new permit for a period of one year following such revocation.
(§ 8, Ord. 3220 c.s., eff. October 21, 2021)
Any person aggrieved by the decision of the Director to issue,
deny issuance, or revoke a sidewalk vending permit may appeal the
decision to the City Manager or designated representative. Upon receipt
of a timely appeal, the City Manager or designated representative,
shall hear such appeal within 20 days following the date of such appeal
and shall give the sidewalk vendor not less than five days advance
notice of the date of such hearing. The decision of the City Manager
shall be based upon the criteria applicable to the issuance or revocation
of such permit. The sidewalk vendor shall be notified of the decision
of the City Manager by mailed, written notice. The decision of the
City Manager shall be final. No revocation of a permit pursuant to
this section shall be deemed effective during the pendency of a timely
filed appeal until the date of mailing of the City Manager's decision;
provided, however, no permit holder shall operate during any period
of time in which the insurance coverage required by this chapter is
not in full force and effect.
(§ 9, Ord. 3220 c.s., eff. October 21, 2021)
(a)
Sidewalk
vendors shall comply with all applicable Federal, State and local
laws, including, without limitation, State food preparation, handling,
and labeling requirements; and fire codes and regulations.
(b)
All
food and merchandise shall be stored either inside or affixed to the
cart or carried by the sidewalk vendor. food and merchandise shall
not be stored, placed, or kept on any public property. If affixed
to the cart, the overall space taken up by the cart shall not exceed
the size requirements provided in this section. Carts 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.
(c)
Sidewalk
vendors shall possess and display in plain view on the vending cart
or on the sidewalk vendor's person at all times while vending a valid
permit issued pursuant to this chapter, as well as any other permit
or license required by the City and any other appropriate governmental
agency. If multiple sidewalk vendors are staffing a cart each person
shall obtain and wear a vendor permit on their person in a conspicuous
manner.
(1)
Sidewalk vendors of food or food products shall possess and display
in plain view on the vending cart a valid public health permit from
the Los Angeles County Department of Public Health.
(d)
Sidewalk
vendors shall not:
(1)
Leave their cart unattended;
(2)
Rent any merchandise to the public;
(3)
Display on their cart, any food merchandise which is not available
for immediate sale or advertise any product or service that is not
related to the food or merchandise being offered for immediate sale;
(4)
Sell alcohol, cannabis or tobacco products or smoking implements,
adult oriented material;
(5)
Use an electrical outlet or other power source or gas or waterline
that is owned by the City or another person other than the sidewalk
vendor or for which they do not have express permission to utilize;
(6)
Continue to offer food or merchandise for sale, follow, or accompany
any person who has been offered food or merchandise after the person
has declined the offer to purchase such food or merchandise;
(7)
Knowingly make false statements or misrepresentations during the
course of offering food or merchandise for sale;
(8)
Block or impede the path of the person being offered food or merchandise
for purchase;
(9)
Make any statements, gesture, or other communication which a reasonable
person in the situation of the person(s) being offered food or merchandise
to purchase would perceive to be a threat and which has a reasonable
likelihood to produce in the person(s) a fear that the threat will
be carried out;
(10)
Touch the person(s) being offered food or merchandise without that
person(s)' consent;
(11)
Place their cart outside of any pathway or sidewalk when engaging
in sidewalk vending activities;
(12)
Place any type of fencing or other dividers around the vending cart;
(13)
Place tables, chairs, shade structures, or other furniture around
the vending cart;
(14)
Vend out of a parked vehicle;
(15)
Vend to customers in vehicles;
(16)
Sell live animals, wildlife, fish, fowl, or insects.
(e)
All
signage and advertising related in any way to the sidewalk vendor
shall comply with the City's sign laws. sidewalk vendors shall not
use any electrical, flashing, wind powered, or animated sign.
(f)
All
sidewalk vendors shall allow a police officer, firefighter, lifeguard,
code enforcement officer, health inspector, or other government official
charged with enforcing laws related to sidewalk vendor Activities,
at any time, to inspect their carts for compliance with this chapter.
(g)
Carts
and any attachments thereto shall not exceed a total height of four
feet, a total width of four feet, and a total length of four feet.
(h)
No
cart shall contain or use hazardous materials.
(i)
Sidewalk
vendors that sell food shall maintain a trash container in or on their
cart and shall not empty their trash into public trashcans. The size
of the sidewalk vendor's trash container counts as part of the size
limit of a cart.
(j)
Sidewalk
vendors shall not leave any location without first picking up, removing,
and disposing of all trash or refuse from their operation. sidewalk
vendors shall immediately clean up any food, grease or other fluid
or item related to sidewalk vending activities that falls on public
property.
(k)
Sidewalk
vendors shall maintain a minimum four foot clear accessible path for
pedestrian ingress and egress free from obstructions, including cart
and customer queuing area.
(§ 10, Ord. 3220 c.s., eff. October 21, 2021)
(a)
Stationary
sidewalk vendors are prohibited in areas that are zoned exclusively
residential and shall not operate on the Esplanade or on Artesia Blvd
or Aviation Blvd. This prohibition does not extend to roaming sidewalk
vendors.
(b)
Vending
prohibited in certain parks. Stationary sidewalk vendors are prohibited
from vending in Veteran's Park as well as any other parks or open
spaces where the city has signed an agreement for concessions that
exclusively permits the sale of food or merchandise by the concessionaire.
(c)
Vending
prohibited near farmers' markets. Sidewalk vendors are prohibited
within the immediate vicinity of a permitted certified farmers' market
during the limited operating hours of that certified farmers' market.
(d)
Vending
prohibited near swap meets. Sidewalk vendors are prohibited within
the immediate vicinity of a permitted swap meet during the limited
operating hours of that swap meet. A "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, as
may be amended, and any regulations adopted pursuant to that article.
(e)
Vending
prohibited near temporary or special permit areas. Sidewalk vendors
are prohibited within the immediate vicinity of an area designated
for a temporary or special event/temporary permit for the limited
duration of the temporary or special event permit. Any notice, business
interruption mitigation, or other rights provided to affected businesses
or property owners will also be provided to any sidewalk vendors specifically
permitted to operate in the area, if applicable.
(f)
Vending
is prohibited near any City property that does not meet the definition
of a sidewalk or pathway including, but not limited to, any alley,
beach, pier, harbor, street, street end or parking lot.
(g)
Within
100 feet of:
(1)
Another sidewalk vendor;
(2)
The intersection of a street and a sidewalk;
(3)
Any pier or harbor;
(4)
The portion of any City facility that is renting merchandise or selling
food to the public or where the rental merchandise is stored;
(5)
Any police officer, firefighter, lifeguard or emergency medical personnel
who are actively performing their duties or providing services to
the public;
(6)
A regional transit center, bus stop, bus shelter, or bus bench;
(7)
A freeway onramp or a freeway offramp;
(8)
A hospital or urgent care facility.
(h)
Within
25 feet of a:
(1)
Fire hydrant;
(2)
Curb which has been designated as white, yellow, green, blue, or
red zone, or a bus zone;
(3)
Automated teller (ATM) machine;
(4)
Driveway, driveway apron, alley, or alley approach or entrance to
a parking lot or parking garage;
(5)
Entrance or exit to a building, structure or facility;
(6)
Trash receptacle, bike rack, bench, restroom, or similar public use
items.
(i)
Sidewalk
vending is prohibited in areas with no sidewalks or with extremely
narrow sidewalks (six feet wide or less) since it unreasonably interferes
with the flow of pedestrians and disrupts access for persons with
disabilities.
(j)
Vending
is prohibited on any bike path, bike lane, sharrow, or bike trail,
including, but not limited to, the bike path on or adjacent to the
Esplanade.
(k)
Vending
is prohibited on any portion of the public beach.
(l)
Vending
is prohibited on any private property without the express written
consent of the owner of the property.
(m)
With
regard to that area in the City on the west side of the Esplanade
between Knob Hill and Paseo de la Playa; the four locations within
said area for which permits may be issued pursuant to this Section
of the Code, will be designated by the City Manager's office.
(n)
Sidewalk
vending shall be limited to the following hours:
(1)
In residential areas, sidewalk vending shall be permitted between
9:00 a.m. and 8:00 p.m. Roaming vendors vending in residential areas
shall move continuously, except when conducting a sale, which must
last no more than 15 minutes. In no event shall a roaming vendor conduct
its operations in a residential area in such a manner to constitute
operating in a fixed location.
(2)
In nonresidential areas, sidewalk vending shall be permitted between
8:00 a.m. and 9:00 p.m.; provided, however, that these hours shall
not be more restrictive than the hours of operation of other businesses
or uses on the same street.
(o)
Stationary
sidewalk vendors who operate after daylight hours shall provide adequate
lighting that may be necessary to ensure customer safety. Lighting
shall be directed downwards and away from adjacent properties.
(§ 11, Ord. 3220 c.s., eff. October 21, 2021)
(a)
A
violation of this chapter by a sidewalk vendor who has a valid sidewalk
vending permit from the City is punishable only by an administrative
fine in amounts not to exceed the following:
(1)
One Hundred Dollars and no/100ths ($100.00) for the first violation.
(2)
Two Hundred Dollars and no/100ths ($200.00) for a second violation
within one year of the first violation.
(3)
Five Hundred Dollars and no/100ths ($500.00) for each additional
violation within one year of the first violation.
(4)
The City may rescind a permit issued to a sidewalk vendor upon the
fourth or any subsequent violation.
(b)
A person engaged in sidewalk vending without a valid City sidewalk vending permit is punishable by an administrative fine in amounts not to exceed the following, in lieu of the amounts set forth in subsection (a) of this Section:
(1)
Two Hundred Fifty Dollars and no/100ths ($250.00) for the first violation.
(2)
Five Hundred Dollars and no/100ths ($500.00) for a second violation
within one year of the first violation.
(3)
One Thousand Dollars and no/100ths ($1,000.00) for each additional
violation within one year of the first violation.
(4)
Upon proof of a valid sidewalk vending permit issued by the City,
the administrative fines set forth in this subsection shall be reduced
to amounts set forth in subsection (a) of this Section.
(c)
A
violation of this chapter shall not be punishable as an infraction
or misdemeanor. No person alleged to have violated the provisions
herein shall be subject to arrest except when otherwise permitted
by law.
(d)
Failure
to pay an administrative citation issued pursuant to this section
shall not be punishable as an infraction or misdemeanor. Additional
fines, fees, assessments, or any other financial conditions beyond
those authorized herein shall not be assessed.
(e)
When
assessing administrative citations pursuant to this section, the hearing
officer 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.
(f)
If
the person meets the criteria described in subdivision (a) or (b)
of Government Code Section 68632, the City shall accept, in full satisfaction,
20% of an administrative citation imposed pursuant to this chapter.
(g)
The
hearing officer may allow a person to complete community service in
lieu of paying the total administrative citation, may waive the administrative
citation, or may offer an alternative disposition.
(§ 12, Ord. 3220 c.s., eff. October 21, 2021)
