(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:
"Food"
means any type of edible substance or beverage.
"Goods"
means any items that are not food.
"Property owner"
means the person, firm or corporation in which title in the underlying land is vested, or a duly authorized agent of such owner.
"Public right-of-way"
means land which is dedicated to the public use for sidewalk, street and highway purposes, or other transportation purposes.
"Pushcart"
means any nonmotorized mobile device used in the sale, barter, or offer for sale of food, goods, or merchandise or services.
"Roadway"
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.
"Vehicle"
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.
"Vend"
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.
"Vendor"
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.
(2) 
On any residentially used property, except as otherwise permitted by Chapter 5.28 (Peddlers), Section 19.42.010 (Operation of home occupations), or other provisions of this code.
(3) 
In any park, as defined under Chapter 9.62 (Public Parks), unless otherwise permitted under Chapter 9.62.
(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).
(12) 
In any location where solicitation is prohibited by Chapter 9.56 of this code.
(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.
(A) 
Nonresidential Property. Vending shall only be conducted on property used for nonresidential purposes, except as otherwise permitted by Chapter 5.28 (Peddlers), Section 19.42.010 (Operation of home occupations), or other provisions of this code.
(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.
(b) 
Criminal. In addition to any other remedies provided by law, violation of this chapter is an infraction punishable as set forth in Chapter 1.04 of this code. Each day of violation constitutes a separate offense and may be separately punished.
(Ord. 2987-12 § 2)