The purpose of this chapter is to establish a program to regulate sidewalk vending in the public right-of-way in accordance with state law. The reasonable time, place and manner regulations set forth in this chapter are necessary to protect the public health, safety and welfare by, among other things, minimizing potential conflicts between motor vehicles and pedestrians and sidewalk vendors, ensuring unobstructed pedestrian travel on city sidewalks and safe and unfettered access to school sites, and limiting the potential for noise and disruption in residential zones.
(Ord. 18-08 § 2, 2018)
The following terms used in this chapter shall have the meanings indicated below:
"Certified farmers' market"
means a location operated 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.
"City"
means the city of Los Alamitos, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or re-incorporated form.
"Merchandise"
means small and easily carried or worn items, including, but not limited to, souvenirs, articles of clothing, etc.
"Public right-of-way"
means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, sidewalk, storm drainage, bicycle path or other purposes.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"School"
means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the state to offer pre-school, elementary or secondary academic instruction, including kindergartens, elementary schools, middle or junior high schools, and high schools.
"Sidewalk"
means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to the street.
"Sidewalk vendor"
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. This definition includes "roaming sidewalk vendor" and "stationary sidewalk vendor."
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
"Street"
means the area dedicated to public use and includes, but is not limited to, roadways, parkways, alleys, and curbs.
"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, and any regulations adopted pursuant to that article.
"Temporary special permit"
means a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, athletic events, public assemblies, and outdoor concerts.
"Vend, vends, or vending"
means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.
(Ord. 18-08 § 2, 2018)
A. 
A sidewalk vendor shall only operate on sidewalks and no other portion of the public right-of-way.
B. 
No sidewalk vendor shall sell any merchandise on any portion of the sidewalk without first obtaining, and thereafter maintaining, the following:
1. 
A business license obtained pursuant to Chapter 5.04 of this code.
2. 
A sidewalk vending permit obtained pursuant to Section 12.48.070.
3. 
A valid California Department of Tax and Fee Administration seller's permit.
C. 
Every person, while acting as a sidewalk vendor, shall carry a photo identification showing the person's name and permanent address. In addition, the sidewalk vendor shall carry a copy of a valid business permit, sidewalk vending permit, and a California Department of Tax and Fee Administration seller's permit as specified in subsection B. If acting on behalf of an employer, corporation, group or organization, the sidewalk vendor shall carry written authorization by such third party and copies of the required permits issued to such third party.
D. 
Sidewalk vendors shall not cause or permit litter to be deposited upon any portion of the public right-of-way, any city park or private property within the city except in public receptacles. Where public receptacles are not provided, all such litter shall be carried away by the sidewalk vendor and properly disposed of elsewhere.
E. 
No pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance shall be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended.
F. 
No sidewalk vendor shall operate in the following locations:
1. 
Within five feet of a marked crosswalk.
2. 
Within five feet of a fire hydrant or fire call box.
3. 
Within five feet of a driveway.
4. 
Within a marked bus zone, or within 40 feet of a sign designating a bus stop.
5. 
Within 18 inches from the edge of the curb.
6. 
Within the immediate vicinity of a certified farmers' market or a swap meet.
7. 
Within the immediate vicinity of any area designated for a temporary special permit.
G. 
No sidewalk vendor shall operate in a manner that reduces the minimum clearance width required for safe pedestrian travel under the Americans with Disabilities Act.
(Ord. 18-08 § 2, 2018)
No stationary sidewalk vendor shall sell food or merchandise in a city park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
(Ord. 18-08 § 2, 2018)
In addition to the requirements and prohibitions set forth in Section 12.48.030, the following restrictions apply to all residential zoning districts:
A. 
Stationary sidewalk vendors are prohibited at all times.
B. 
Roaming sidewalk vendors are permitted between the hours of eight a.m. to six p.m.
(Ord. 18-08 § 2, 2018)
A. 
Application for Sidewalk Vending Permit. All applicants for a sidewalk vending permit, and any annual renewal of the permit, shall provide the following information on an application form provided by the city:
1. 
The name and current mailing address of the applicant.
2. 
The expiration date of the city business license issued to the applicant.
3. 
A description of the food or merchandise offered for sale or exchange.
4. 
A valid copy of all necessary permits required by State or local health authorities.
5. 
A certification by the applicant that to his or her knowledge and belief, the information contained on the application form is true.
6. 
A copy of a California Department of Tax and Fee Administration seller's permit issued to the applicant.
7. 
If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
B. 
Processing of Applications and Issuance of Permit. Upon application being made as above provided and when the applicant has tendered the permit fee as may be established by city council, the city manager or designee shall process the application. Upon making the determination that the submitted application is complete and in conformance with this chapter, the city manager or designee shall prepare and issue the sidewalk vending permit showing upon the face of each permit the following: (1) the person to whom the permit is issued; (2) the kind of business permitted by either code number or other identification; (3) the date of issuance of the permit; and (4) the date of expiration of such license.
(Ord. 18-08 § 2, 2018)
A. 
Vending without a valid sidewalk vending permit shall be punishable as follows:
1. 
An administrative fine not exceeding $250 for a first violation.
2. 
An administrative fine not exceeding $500 for a second violation within one year of the first violation.
3. 
An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
4. 
The administrative fines listed in subsection A shall be reduced from $250 to $100, $500 to $200, and $1,000 to $500 upon submission of proof of a valid sidewalk vending permit.
B. 
Any other violation of this chapter shall be punishable as follows:
1. 
An administrative fine not exceeding $100 for a first violation.
2. 
An administrative fine not exceeding $200 for a second violation within one year of the first violation.
3. 
An administrative fine not exceeding $500 for each additional violation within one year of the first violation.
4. 
The city may suspend or revoke a sidewalk vending permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
C. 
When assessing an administrative fine under subsections A and B, the city shall take into consideration the person's ability to pay the fine, and shall provide the person with notice of his or her right to request an ability-to-pay determination in accordance with Government Code Section 51039(f) as may be amended.
(Ord. 18-08 § 2, 2018)