(a)
Findings.
The city council finds that:
(1)
The primary purpose of the public streets, sidewalks, parking lots,
and other public ways is for use by vehicular and pedestrian traffic;
(2)
To protect the public health and safety and ensure safe pedestrian
and vehicular traffic, the city needs equitable, uniform vending regulations;
(3)
Unregulated vending, from pushcarts, vehicles, stands, or by persons
contributes to traffic congestion and impedes the orderly movement
of pedestrians and vehicles;
(4)
The unregulated use of congested streets and sidewalks by vendors
make the streets and walkways unsafe for motorists, cyclists, pedestrians,
and vendors;
(5)
Block 2 of the Downtown Specific Plan District is the city's
restaurant and entertainment center, which has a high concentration
of vehicular, pedestrian and commercial activity within those properties
and the adjacent public right-of-way; and
(6)
Subject to appropriate standards for the public safety, health and
welfare, the vending of food and other goods promotes the public interest
by providing a needed service to underserved locations, activating
underutilized spaces, complementing private and public properties,
and promoting an attractive street environment.
(b)
Purpose.
This chapter establishes requirements for the vending of food and
goods in the public right-of-way and on private property to prevent
traffic, safety, and health hazards.
(Ord. 2987-12 § 2)
When used in this chapter, these terms mean the following:
means any type of edible substance or beverage.
means any items that are not food.
means the person, firm or corporation in which title in the
underlying land is vested, or a duly authorized agent of such owner.
means land which is dedicated to the public use for sidewalk,
street and highway purposes, or other transportation purposes.
means any nonmotorized mobile device used in the sale, barter,
or offer for sale of food, goods, or merchandise or services.
means that portion of the public right-of-way that is improved,
designed or ordinarily used for vehicular travel. "Roadway"
does not include sidewalks or parkway strips.
means any vehicle or trailer, as defined in the California
Vehicle Code and registered with the state, used in the sale or offer
for sale of food or goods.
means to sell, offer for sale, expose for sale, solicit offers
to purchase, or to barter food, goods, or services in any public area
from a stand, pushcart, motor vehicle, or by person, with or without
the use of any other device or other method of transportation, other
than at a fixed place of business.
means a person who vends, including any agent or employee
of that person.
(Ord. 2987-12 § 2)
(a)
Vending.
No person may vend in the city except in compliance with this chapter.
(b)
Deliveries.
This chapter does not apply to any person engaged in delivering previously
ordered merchandise or materials from, or to any store, fixed place
of business or residence.
(c)
Community Events and Other Entitlements. Any vendor included in an event which is sponsored by the city or which has been authorized by the city by a special event permit pursuant to Chapter 9.45 (Special Event Permits), lease, agreement, or other entitlements issued by the city, may be subject to different or additional requirements pursuant to the terms or conditions of such authorization.
(Ord. 2987-12 § 2)
All vendors shall comply with the following requirements.
(a)
Sunnyvale
Business License. Vendors shall maintain and display a Sunnyvale business
license at all times during operation.
(b)
Other
Permits and Licenses. Vendors shall display or keep within their vending
facility, or upon their person, proof of all other applicable permits
and licenses at all times during operation, including:
(1)
A valid Santa Clara County department of environmental health permit
and certification that the vendor complies with all state and federal
laws regarding food vending, if applicable;
(2)
A peddler license issued pursuant to Chapter 5.28 of this code, if the vendor is engaged in any activities subject to the requirements of that chapter;
(3)
A permit pursuant to this chapter or Title 19 (Zoning) of this code to operate on the public sidewalk or private property, if applicable; and
(4)
Other applicable permits and licenses required under state and federal
laws.
(c)
Location
Restrictions. Vending is prohibited in any of the following locations:
(1)
Block 2 properties in the Downtown Specific Plan District, including
the sidewalks and on-street parking spaces on the south side of Evelyn
Avenue, the west side of Sunnyvale Avenue, the north side of Washington
Avenue, the east side of Frances Street, and both sides of Murphy
Avenue.
(4)
In any parkway strip, landscaped area, or unpaved lot.
(5)
Within fifteen feet of any driveway.
(6)
Within fifteen feet of any fire hydrant.
(7)
Within twenty-five feet of any designated fire lane.
(8)
Within fifty feet of a pedestrian crosswalk.
(9)
Within fifty feet of any intersection.
(10)
Within one hundred feet of any bus stop sign.
(11)
Within any vision triangle, as defined in Title 19 (Zoning).
(d)
Containment
of Items for Sale. Display of items in the public right-of-way, on
a fence, or any other location other than the vendor or vending facility
is prohibited.
(e)
Cleanup
Responsibility. Vendors shall comply with all of the following:
(1)
Waste Container. Have at least one clearly designated waste container
within two feet of the vending facility.
(2)
Surrounding Area. Maintain the surrounding area litter-free at all
times.
(3)
Disposal. Collect and dispose all generated waste daily, consistent
with applicable state and local standards. Vendors shall not dispose
or allow the disposal of any generated waste in any public or private
waste container other than the waste container under the control of
the vendor. Disposal of waste into the city storm drain system is
prohibited.
(4)
Facility Removal. Remove the vending facility from the site immediately
after operations.
(f)
Self-Sufficiency.
Vendors shall be entirely self-sufficient in regards to water, gas,
electricity, and telecommunications during operations.
(g)
Noise.
Vendors shall not use, play, or employ any amplifier, loudspeaker
or any other device for sound production when the mobile facility
is parked or standing at any location. All other applicable noise
regulations in the Sunnyvale Municipal Code and California Vehicle
Code apply.
(h)
Signs.
Signs are permitted if painted on the vending facility, or affixed
so that they lie flat against the vending facility. Signs shall not
move, rotate, or be illuminated. Flags, banners, portable signs such
as a-frames, balloons, or other decorative appurtenances, whether
attached or detached, are prohibited.
(Ord. 2987-12 § 2)
(a)
Vehicles
on Roadway Only. No person may vend in a roadway except from a vehicle
and in compliance with this chapter. Vehicles used for vending shall
meet all state and federal requirements, including licensing, registration,
and other required approvals.
(b)
Parking,
Stopping and Standing. Vending may only occur when the vehicle is
legally parked in a roadway. Vendors shall comply with the California
Vehicle Code, Chapter 10 (Vehicles and Traffic) of the Sunnyvale Municipal
Code, and with all posted parking, stopping, and standing restrictions
at all times.
(c)
Hours
of Operation. Vending within the public right-of-way shall not be
conducted before eight a.m. or after nine p.m.
(d)
Sidewalk
Clearance and Queuing. No part of the vehicle, furniture, or other
equipment related to the vending operation may encroach onto the public
sidewalk. Vendors may place waste containers on public sidewalks provided
that a minimum four-foot clearance for pedestrian accessibility is
maintained. Vendors are responsible for managing customer queuing,
ensuring pedestrian accessibility is maintained, and ensuring customers
do not loiter after receiving their purchased food or goods.
(Ord. 2987-12 § 2)
(a)
Permit Required. No person may vend from a pushcart on the sidewalk without first obtaining a miscellaneous plan permit from the director of community development in compliance with this chapter and following the applicable procedures in Title 19 (Zoning).
(1)
Permit Application Requirements. Permit applications shall include
all of the following information.
(A)
Vendor Contact Information. The names and addresses of each person
who will operate at the location.
(B)
Site Plan. A fully dimensioned site plan showing the proposed vending
location, footprint of the pushcart, sidewalk width, adjacent streets
and property lines, driveways, landscaped areas, and sidewalk furniture.
(C)
Certificate of Insurance. Vendors shall submit and maintain a certificate
of commercial general liability insurance with a signed endorsement
to the policy satisfactory to the city. The certificate of insurance
shall name the city of Sunnyvale, its officers, employees, agents
and volunteers as additional insured.
(D)
Additional Information. Any information as determined necessary by
the director of community development.
(2)
Fixed Location. Vending shall occur at the specific location approved
by the permit issued by the director of community development. Vending
while roving is prohibited.
(3)
Hours of Operation. Vending within the public right-of-way shall
not be conducted before eight a.m. or after nine p.m.
(4)
Sidewalk Clearance and Queuing. Vendors shall maintain a minimum
four-foot clearance for pedestrian accessibility on the public sidewalk.
Vendors are responsible for managing customer queuing, ensuring pedestrian
accessibility is maintained, and ensuring customers do not loiter
after receiving their purchased food or goods.
(b)
Decision
on Permit. The director of community development may approve the permit
upon such conditions as it finds desirable in the public interest,
upon finding that no undue pedestrian and traffic safety, litter or
parking consequences would result from the exercise of the permit.
(c)
Duration
of Permit. The permit shall be valid for one year from the date of
issuance. The permit shall specify the dates of authorized use and
the names of the companies or persons authorized to exercise it.
(d)
Revocation
of Permit. Any permit issued may be revoked pursuant to the procedures
in Title 19 (Zoning).
(Ord. 2987-12 § 2)
(a)
Property
Owner Permission. No property owner shall allow any vendor to operate
on private property except in compliance with all of the following
requirements:
(1)
Written Permission. Vendors shall have the property owner's
written authorization to operate on the property in their possession
at all times. The written authorization shall describe the approved
location and operation schedule.
(2)
Location.
(B)
Excess Parking. Vendors shall only occupy parking spaces not required to meet the minimum requirements of the current permitted uses on the property per Chapter 19.46 (Parking), or of other off-site uses if those spaces are leased. This requirement does not apply if the hours of operation for the vendors and permitted uses do not coincide.
(C)
Access. Vendors shall not occupy any paved area required for loading,
circulation or fire access.
(D)
Furniture. Tables, chairs and shade structures may be allowed in
conjunction with food vendors if they occupy excess parking spaces
or areas not required for loading, circulation or fire access, and
removed daily after use. Tables and chairs may be on turf or mulched
areas provided that precautions are taken or improvements are installed
to protect and maintain landscaped areas.
(3)
Hours of Operation and Time Limit. Vendors shall not operate before
seven a.m. or after ten p.m. Up to three vendors may be on the property
at a time; provided, that, the duration of vending on the property
shall not exceed four hours per day. The total number of hours is
not calculated per vendor. For example, if one vendor operates from
eight a.m. to ten a.m., and another vendor operates from nine a.m.
to eleven a.m. on the same day, then the total duration from eight
a.m. to eleven a.m. of vending on the property is three hours.
(b)
Permit Required to Exceed Requirements. Vending operations on private property beyond the requirements of this section may be allowed by permit pursuant to Title 19 (Zoning). In addition, the director of community development may require a permit whenever it appears that vending activities are having an adverse impact on the use of the property or neighboring properties, including traffic, circulation, parking availability, noise, trash, or other reasons of public health or safety.
(c)
Private
Events. This section does not apply to any private event where a vendor
has obtained the property owner's written permission to cater
for a private event that is held exclusively on the property and that
is not open to the general public.
(Ord. 2987-12 § 2)
(a)
Civil.
Any vending activity that is located, operated, or maintained in a
manner that impedes vehicular and pedestrian circulation or that creates
a hazard to life or property, or any condition or act in violation
of this chapter or any provision of applicable state or federal law,
is hereby declared a public nuisance. Such nuisance may be abated,
removed or enjoined, and damages assessed therefor, in any manner
provided by law.
(Ord. 2987-12 § 2)
