Note: Prior history: Prior code Sections 6281 through
6286, 6289 and 6290. Ord. No. 1495CCS, adopted 9/26/89, Ord. No. 1712CCS
§§ 1, 3 adopted 11/23/93, Ord. No. 1851CCS § 20,
adopted 5/28/96, Ord. No. 1888CCS §§ 2 - 5, adopted
10/28/97, Ord. No. 1901CCS § 1, adopted 2/17/98, Ord. No.
1949CCS §§ 1 - 3, adopted 7/20/99, Ord. No. 2047CCS § 12,
adopted 7/9/02, Ord. No. 2075CCS § 10, adopted 5/13/03,
Ord. No. 2153CCS §§ 3, 5, adopted 3/8/05, Ord. No. 2221CCS
§ 1, adopted 3/13/07, Ord. No. 2337CCS § 8, adopted
12/14/10, Ord. No. 2379CCS § 15, adopted 11/8/11, Ord. No. 2381CCS
§§ 1, 2, adopted 11/22/11, Ord. No. 2423CCS § 1,
adopted 4/23/13, Ord. No. 2458CCS §§ 6 - 9, adopted 5/27/14.
The City Council of the City of Santa Monica hereby finds:
(a)
Sidewalk
vending fosters vibrant public spaces and promotes a diverse and inclusive
local economy.
(b)
In
order to promote the public peace, safety, health and welfare, sidewalk
vending must be regulated to promote public safety; to ensure rapid
access by first responder and emergency personnel to public and private
spaces throughout the City; to facilitate ingress into and egress
from vehicles, rights-of-way, buildings, and public spaces; to maximize
use and promote maintenance of public rights-of-way, parks, the beach,
and other public spaces; and to reduce the City's exposure to civil
liability.
(c)
Because
the City is densely populated by residents and visitors, its public
spaces often become extremely crowded. The City's parks, Pier, Promenade,
Transit Mall and beaches, and many of the City's sidewalks and pedestrian
paths, are all heavily trafficked by the public and congestion in
these places is a constant norm.
(d)
Palisades
Park, situated between the Pacific Ocean, the Pier bridge, and the
City's bustling downtown, is the crown jewel of the City's park system
and is the most heavily utilized. Based on the Park's unique aesthetic
qualities and unmatched scenic beauty, the City designed the Park
as a local landmark and the City's local Coastal Program Land Use
Plan requires review to, from, and along the Park be protected. Circulation
within Palisades Park is limited because it is extremely narrow, and
is physically surrounded by downtown streets on three sides and tall
bluffs on the fourth.
(e)
The
unique and historic nature of many of the City's public spaces further
requires special consideration. For example, the Santa Monica Pier
is a long, narrow, wooden structure one thousand eighty feet long,
supported by concrete and timber piles extended over the beach and
ocean with limited points of entry and exit. The Santa Monica Pier
is also on the State of California Protected Critical Infrastructure
list, experiences a high volume of pedestrian traffic and is congested
throughout the year. The Third Street Promenade and the Transit Mall
similarly draw significant local and tourist pedestrian traffic, with
crowds as large as ten thousand or more traveling each block of the
narrow, open-air public rights-of-way each day. Careful regulation
of vending activities is necessary to protect public safety and ensure
accessibility in these highly trafficked tourist destinations. Similarly,
many of the City's parks and beaches provide opportunities for community
engagement and recreation; regulation of vending activities is necessary
to ensure availability of open space for public engagement, access
and recreation, and to protect the natural resources within and the
scenic and natural character of the parks and beaches. Additionally,
many of the sidewalks and pedestrian paths in the City are under eight
feet wide, such that vending in these areas would unreasonably interfere
with the flow of pedestrians and disrupt access for persons with disabilities
or other special needs.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19)
For purposes of this Chapter, the following words or phrases
shall have the following meanings:
means a farmers' market certified as operating 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.
means a path or walkway, other than a sidewalk, that is owned
by the City or another public entity and is specifically designed
for pedestrian travel. Pedestrian path shall not include any private
property or areas not traditionally used or designated for pedestrian
travel, such as the beach, bike-paths, streets, driveways, and public
parking lots.
means any humanly propelled wheeled vehicle which contains
items for sale.
means a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
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 public sidewalk
or other pedestrian path.
means the Santa Monica Pier, consisting of both the Newcomb
Pier and the Municipal Pier, protruding from the Santa Monica State
Beach at the southwesterly terminus of Colorado Avenue, extending
for approximately two thousand one hundred thirty-five feet into the
Santa Monica Bay, and extending one hundred feet from all ingress
and egress points to and from the Newcomb Pier and the Municipal Pier,
including, but not limited to, the Ocean Avenue entrance point to
the Pier bridge.
means a sidewalk vendor who vends from a fixed location.
means a person who vends from a motor vehicle or unhitched
trailer upon a public street, roadway, or highway.
means to sell, offer to sell, expose for sale, solicit offers
to purchase, or barter food, food products, services, goods, or merchandise
from any public area, including any area open to the public on private
property. Vending includes offering samples of products that are also
for sale, negotiating fees for goods, and/or requesting donations
in exchange for merchandise from any public area or any area open
to the public on private property.
means a person who vends. A vendor includes a person who vends as an employee or agent of another person or entity. A person engaged in the business of soliciting, canvassing, or taking orders subject to the regulations in Chapter 6.32 is not a "vendor."
shall mean a sidewalk vendor permit or a vehicle vendor permit
issued pursuant to this Chapter.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19)
No person shall vend in the City without first obtaining a vendor permit issued pursuant to this Chapter and a business license issued pursuant to Chapter 6.04 of this Code.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19)
(a)
Unless
otherwise expressly authorized by or with the consent of the City,
no person shall vend on or within, any private property, the Santa
Monica Pier, a certified farmers' market, a permitted community event,
a permitted filming activity, a bikepath, a street, a driveway, or
a public parking lot.
(b)
No
stationary sidewalk vendor shall vend within:
(1)
Twenty-five feet of the Third Street Promenade;
(2)
The Transit Mall;
(3)
The Beach;
(4)
Any area exclusively zoned for residential uses;
(5)
The 1700 block of Ocean Front Walk;
(6)
Any portion of Palisades Park that is within five hundred feet of
the Ocean Avenue entrance point to the Pier bridge, except within
any designated stationary vending spaces identified in the administrative
regulations and in compliance with any rotation, lottery, or other
similar requirements established by administrative regulations applicable
to such spaces; or
(7)
Any City park during the hours that an exclusive concessionaire is
open and operating pursuant to an agreement with the City or other
operator of the park.
(c)
No
roaming sidewalk vendor shall vend in an area exclusively zoned for
residential uses or on a sidewalk or pedestrian path directly adjacent
to such an area between the hours of nine p.m. and eight a.m.
(d)
No
vehicle vendor shall vend on Main Street between Ocean Park Boulevard
and the City's southern boundary between the hours of one a.m. and
three a.m. on a Saturday, a Sunday, St. Patrick's Day, Valentine's
Day, Cinco De Mayo Day, Memorial Day, Independence Day, Labor Day,
Halloween, or New Year's Day.
(e)
The
City Manager or designee may adopt administrative regulations imposing
additional requirements consistent with this Chapter and all other
applicable laws in order to regulate the time, place, and manner of
vending.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19; amended by Ord. No. 2714CCS § 1, adopted 9/13/22)
(a)
A
vendor shall:
(1)
Prominently display the vendor's vending permit at all times while
on public property;
(3)
Keep the vendor's vending area litter free by removing litter caused
by the vended products off of public or private property; and
(4)
Maintain a trash container in or on the vendor's person, cart, or
vehicle.
(b)
A
vendor shall not:
(1)
Vend any shared mobility device, as defined in Section 3.21.020 of this Code, cannabis, as defined in Section 26001 of the Business and Professions Code, or cannabis product as defined in Section 11018.1 of the Health and Safety Code;
(2)
Employ harassing, threatening or unsafe vending tactics, including,
but not limited to:
(A)
Intentionally or recklessly making physical contact with or touching
another person without the person's consent;
(B)
Intentionally or recklessly blocking or impeding the safe passage
of a person traveling on a public right-of-way;
(C)
Engaging in physical conduct, verbal communication, or gestures in
a manner: (i) intended to or likely to cause a reasonable person to
fear imminent bodily harm or the commission of a criminal act upon
property in the person's possession; or (ii) intended to or reasonably
likely to intimidate the person being solicited into responding affirmatively
to the solicitation;
(3)
Knowingly make false statements or misrepresentations in the course
of vending; or
(4)
Use any public or private electrical outlet or power source, including
any City-owned or City-operated electrical outlets or power sources,
without authorization.
(d)
In addition to the prohibitions set forth in subsection (b) above, a sidewalk vendor shall not:
(1)
Vend services or merchandise for rent to customers;
(2)
Display merchandise or food that is not available for immediate sale;
(3)
Use an open flame; or
(4)
Place or maintain vending equipment or materials in a manner that
touches, leans against or is affixed to any building or structure
including, but not limited to, a lamppost, parking meter, mailbox,
traffic signal, fire hydrant, bench, bus shelter, newsstand, trashcan,
or traffic barriers.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19)
This Chapter shall not apply to:
(a)
An
approved participant in a certified farmers' market;
(b)
A
vendor operating pursuant to or under the authority of an approved
license agreement;
(c)
An
approved participant in a community event authorized by the City;
(d)
An
individual vending newspapers, leaflets, pamphlets, bumper stickers
or buttons;
(e)
An
individual or organization vending the following items, which are
inherently communicative, have nominal utility apart from their communication,
and have been created, written, or composed by the vendor: books,
recorded music, poetry, prose, sculptures, paintings, prints, or photographs.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19)
(a)
To
receive or renew a vendor permit, a person must complete an application
on the form approved by the City and file it with the City. The applicant
must provide the following information:
(1)
The applicant's full name and address.
(2)
Proof of applicant's identity.
(3)
A description of the type of products to be vended.
(4)
The location where the applicant plans to vend.
(5)
If the applicant is employed by another vendor, the name and business
address of the employer.
(6)
A description of any motor vehicle, pushcart, or other device to
be used during vending.
(7)
If the applicant will vend food products, a valid Los Angeles County
Department of Health permit and certification that the vendor will
comply with all applicable laws regarding food product vending.
(8)
Whether the applicant seeks a permit to operate as a sidewalk vendor
or a vehicle vendor.
(9)
Other relevant information as required by the City, including proof
of insurance coverage where required.
(b)
No
application for a vendor permit or for renewal of such a permit shall
be accepted unless accompanied by the required vendor permit fee.
The amount of the fee shall be established by resolution of the City
Council.
(c)
A
vendor permit shall be effective for the same period as the term of
the applicant's business license.
(d)
A
vendor permit may be renewed through the same application process
described above.
(e)
A
vendor permit may not be assigned or transferred to any other person
or entity.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19)
(a)
The
City may condition the approval of any vendor permit on compliance
with this Chapter and other applicable laws and regulations.
(b)
A
vendor permit may be revoked, suspended or denied by the City Manager
or designee based upon any of the following grounds:
(1)
The applicant has made a materially false, misleading or fraudulent
statement of fact or omission of fact to the City;
(2)
The applicant operates, has operated, or proposes to operate in a
manner that endangers public health or safety;
(3)
The applicant fails to comply or has failed to comply with any requirement
imposed by the provisions of this Code (or successor provision or
provisions) including any rule, regulation, condition, or standard
adopted pursuant to this Chapter, or any term or condition imposed
by the vendor permit, or any provision of State law;
(4)
The applicant, or any of its officers, owners or principals, has
been convicted of a criminal offense that is substantially related
to the qualifications, functions or duties of the vending profession,
including, but not limited to, any criminal conviction involving a
violent or serious felony, fraud, deceit, or embezzlement; or
(5)
Other grounds set forth by administrative regulations.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19)
A decision by the City under this Chapter to deny an application, conditionally approve an application, suspend a permit, or revoke a permit may be appealed by an aggrieved applicant or permit holder. An appeal must be taken within the time and manner set forth in Chapter 6.16 of this Code.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19)
The City Manager or designee may promulgate administrative regulations
to implement the provisions of this Chapter, including, but not limited
to, permit application procedures and requirements, permit conditions,
operating conditions, inspection frequencies, enforcement procedures,
location restrictions, or concentration restrictions. No person shall
fail to comply with any such regulations.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19)
(a)
Any person who violates any provision of this Chapter shall be subject to administrative citation pursuant to Chapter 1.09 of this Code.
(b)
Any
person, other than a sidewalk vendor, who violates any provision of
this Code shall be subject to an infraction, which shall be punishable
by a fine not exceeding two hundred fifty dollars per violation.
(c)
Any person, other than a sidewalk vendor, who violates Section 6.36.040(a), (b)(3), (d), or 6.36.050(b) of this Chapter, shall be subject to an infraction which shall be punishable by a fine not exceeding two hundred fifty dollars per violation, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(d)
The
remedies specified in this Chapter are cumulative and their specification
shall not preclude the use of any other remedy provided by law.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19)
(a)
The
City may impound food, goods, and/or merchandise that are abandoned
on public property or displayed, offered, or made available for rent
or sale by a vendor who does not possess a valid City vending permit.
(b)
The
City may immediately dispose of impounded materials that are perishable
or cannot be safely stored.
(c)
The City may forfeit impounded materials from a vendor who has been found responsible for vending without required governmental permits three or more times within a twenty-four month period. An aggrieved vendor may appeal a City forfeiture order pursuant to the procedures set forth in Chapter 6.16.
(d)
The
City may dispose of abandoned impounded materials in accordance with
administrative regulations.
(e)
The
City Council may by resolution adopt impound fees, which shall reflect
the City's enforcement, investigation, storage and impound costs.
(f)
No
person shall retrieve impounded materials without paying applicable
impound fees and demonstrating proper proof of ownership.
(Added by Ord. No. 2607CCS §
2, adopted 4/9/19)
