The purpose and intent of this chapter is to establish a sidewalk
vendor permitting and regulatory program that complies with Senate
Bill 946 (Chapter 459, Statutes 2018). The provisions of this chapter
will allow the City to encourage small business activities by removing
total prohibitions on sidewalk vending and related displays while
permitting regulation and enforcement of unpermitted sidewalk vending
activities to protect the public's health, safety and welfare.
(Ord. 2019-1183 § 5)
For purposes of this chapter, the
following definitions shall apply:
means an alcoholic beverage.
means any public or private ocean front.
means any sidewalk, stairway, driveway, road or path that
provides access to the "beach."
includes, but is not limited to: Dunes Park; Veterans Park
(including the multipurpose turf field); Portwood Pier Plaza; Imperial
Beach Sports Park (including the skateboard park); Tijuana Estuary
Boardwalk; Reama Park; Teeple Park; any municipal park, trail, recreation,
or reserve area that is owned, managed, or controlled by the City
and under the jurisdiction of the City Manager; all dedicated parks
and traffic islands maintained by the City; or any additional park
space or recreation facilities identified on Table P-1 of the City's
General Plan. "Park" does not include recreation facilities or tot
lots owned and maintained by private associations.
means any paved or unpaved path or walkway owned by the City
or other public entity that is specifically designed for pedestrian
travel, other than a sidewalk.
means and includes all domestic and foreign corporations,
associations, syndicates, joint stock corporations, partnerships of
every kind, clubs, business or common law trusts, societies, and individuals
transacting and carrying on any business in the City.
means any area zoned exclusively as residential in Title
19 of the Imperial Beach Municipal Code.
means a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
means that portion of a highway, other than the roadway,
set apart by curbs, barriers, marking or other delineation specifically
designed for pedestrian travel and that is owned by the City or other
public entity.
means a person who sells food or merchandise from a pushcart,
stand, display, pedal-driven cart, wagon, showcase, rack, or other
non-motorized conveyance, or from one's person, upon a public sidewalk
or other pedestrian path.
means any special event described in Chapter 12.33, or any successor section.
means a sidewalk vendor who vends from a fixed location.
(Ord. 2019-1183 § 5; Ord. 2022-1214 § 5; Ord. 2024-1245, 5/15/2024)
A.
No person,
either for themselves or any other person, shall engage in any sidewalk
vendor activities within the City without first applying for and receiving
a permit from the Administrative Services Director, or the Administrative
Services Director's designee, under this chapter.
B.
A written
application for a sidewalk vendor permit shall be filed with the Administrative
Services Director, or Administrative Services Director's designee,
on a form provided by the City and shall contain the following information:
1.
The
name, address, and telephone number of the person applying to become
a sidewalk vendor;
2.
The
name, address, and telephone number of the person who will be in charge
of any roaming sidewalk vendors, sidewalk vending activity and/or
be responsible for the person(s) working at the sidewalk vending receptacle;
3.
The
name, address, and telephone number of all persons that will be employed
as roaming sidewalk vendors or at a sidewalk vending receptacle;
4.
The
number of sidewalk vending receptacles the sidewalk vendor will operate
within the City under the permit;
5.
To
ensure the safety of residents and the merchantability of products
sold by vendors without a fixed place of business, the City requires
all sidewalk vending applicants and operators to undergo a fingerprinting
background check and to submit the results to the City;
6.
The
location(s) in the City where the sidewalk vendor intends to operate;
7.
The
day(s) and hours of operation the sidewalk vendor intends to operate
at such location(s);
8.
Whether
the vendor intends to operate as a stationary sidewalk vendor or a
roaming sidewalk vendor and, if roaming, the intended path of travel;
9.
The
dimensions of the sidewalk vendor's sidewalk vending receptacle(s),
including a picture of each sidewalk vending receptacle operating
under the permit and any signs that will be affixed thereto;
10.
Whether the sidewalk vendor will be selling food, merchandise, or
both;
11.
If the sidewalk vendor is selling food, a description of the type
of food to be sold, whether such foods are prepared on site, whether
such food will require a heating element inside or on the sidewalk
vending receptacle for food preparation, and the type of heating element,
if any;
12.
If the vendor is selling merchandise, a description of the merchandise
to be sold;
13.
A copy of the health permit required for any sidewalk vendors selling
food;
14.
Proof the person possesses a valid California Department of Tax and
Fee Administration seller's permit which notes the City as a location
of sublocation, which shall be maintained for the duration of the
sidewalk vendor's permit;
15.
Public liability insurance and property damage insurance, including
products liability coverage written by an insurance company acceptable
by the City. All insurance companies affording coverage shall be required
to add the City as "additional insured" under their insurance policy.
A copy of the policy endorsement shall be provided to the City. A
certificate of insurance, providing evidence of coverages in compliance
with this chapter shall be supplied to the City prior to issuance
of the permit;
16.
An acknowledgment that the sidewalk vendor will comply with all other
generally applicable local, state, and federal laws;
17.
A certification that, to their knowledge and belief, the information
contained within the application is true;
18.
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 action, 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, any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim, action
or proceeding whether incurred by the permittee, City, and/or the
parties initiating or bringing such proceeding;
19.
An acknowledgement 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;
20.
An acknowledgement that the sidewalk vendor will obtain and maintain
throughout the duration of any permit issued under this chapter any
insurance required by the City's Risk Manager;
21.
If the sidewalk vendor has operated in the City in the past, proof
of prior sales tax allocation to the City; and
22.
Any other relevant information required by the Administrative Services
Director, or the Administrative Services Director's designee.
C.
Each application for a sidewalk vendor permit shall be accompanied by a nonrefundable sidewalk vendor permit application fee if required and as established by resolution of the City Council. The sidewalk vendor application and permit is only applicable to the individual(s) named on the application. If said permit is approved, it shall be necessary for the permittee to obtain and maintain a City business license to carry on the activities authorized by said permit. Sidewalk vendors fall within the definition of "peddlers" as defined in Section 4.04.010 of this code for the purposes of obtaining a business license. Each application for a sidewalk vendor permit shall be accompanied by a valid business license or an application for a business license as a "peddler" in accordance with Chapter 4.04 together with the nonrefundable application fee set forth in Section 4.04.490.
(Ord. 2019-1183 § 5)
A.
Within
60 calendar days of receiving a complete application, the Administrative
Services Director, or the Administrative Services Director's designee,
may issue a sidewalk vendor permit, with appropriate conditions, as
provided for herein, if he or she finds based on all of the relevant
information that:
1.
The
conduct of the sidewalk vendor will not unduly interfere with traffic
or pedestrian movement, or tend to interfere with or endanger the
public peace or rights of nearby residents to the quiet and peaceable
enjoyment of their property, or otherwise be detrimental to the public
peace, health, safety or general welfare;
2.
The
conduct of the sidewalk vendor 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 vendor;
3.
The
conduct of such sidewalk ending activity will not constitute a fire
hazard, and all proper safety precautions will be taken;
4.
The
conduct of such sidewalk vending activity will not require the diversion
of law enforcement officers to properly police the area of such activity
as to interfere with normal law enforcement protection for other areas
of the City;
5.
The
sidewalk vendor vendor's application contains all required information;
6.
The
sidewalk vendor has not made a materially false, misleading or fraudulent
statement of fact to the City in the application process;
7.
The
sidewalk vendor has satisfied all the requirement of this chapter;
8.
The
sidewalk vendor has paid all applicable fees as set by City Council
resolution;
9.
The
sidewalk vendor's sidewalk vending receptacle and proposed activities
conform to the requirements of this chapter;
10.
The sidewalk vendor has adequate insurance to protect the City from
liability associated with the sidewalk vendor's activities, as determined
by the City Manager, or the City Manager's designee, and, if required
by the City, the City has been named as an additional insured; and
11.
The sidewalk vendor has satisfactorily provided all information requested
by the Administrative Services Director, or the Administrative Services
Director's designee, to consider the vendor's application.
B.
A sidewalk
vendor permit is nontransferable. Any change in ownership or operation
of a sidewalk vendor or sidewalk vending receptacle requires a new
permit under this chapter.
C.
All
sidewalk vendor permits issued under this chapter shall expire within
a year from the date of issuance.
(Ord. 2019-1183 § 5)
All sidewalk vendors are subject to all of the following operating
conditions when conducting sidewalk vending activities:
A.
All
food and merchandise shall be stored either inside or affixed to the
sidewalk vendor receptacle or carried by the sidewalk vendor. Food
and merchandise shall not be stored, placed, or kept on any public
property. If affixed to the sidewalk vendor receptacle, the overall
space taken up by the sidewalk vendor receptacle shall not exceed
the size requirement provided in this section.
B.
Sidewalk
vending receptacles 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.
C.
To maintain
accessibility standards for the City's disabled residents, every sidewalk
vendor operating on any sidewalk or public right-of-way must ensure
that no obstruction is placed in the sidewalk or public right-of-way
that would reduce the width of the sidewalk to less than 48 inches,
exclusive of the top of the curb. No obstruction shall be located
in a sidewalk or public right-of-way less than six feet in width when
the sidewalk is adjacent to the curb.
D.
To prevent
foodborne illness and protect the health and safety of the City's
residents, every sidewalk vendor selling any food or beverage is required
to wear a hairnet and food service gloves.
E.
To prevent dangerous distractions and promote the general welfare of the City's residents, sidewalk vendors emitting any loud, unnecessary and unusual noises must comply with Chapter 9.32 of this code.
F.
A sidewalk
vending permit does not provide an exclusive right to operate within
any specific portion of the public right-of-way.
G.
No equipment
or objects used for sidewalk vending purposes may be left or maintained
in public spaces or in any portion of the public right-of-way from
10:00 p.m. to 7:00 a.m. Any equipment or objects left overnight in
public spaces or in any portion of the public right-of-way will be
considered discarded and may be seized or disposed of by the City.
H.
To facilitate
the enforcement of this chapter, every sidewalk vendor must display
their City-issued sidewalk vending permit on the street side portion
of their pushcart, stand, display, pedal-driven cart, wagon, showcase,
rack, or other non-motorized conveyance when operating in the public
right-of-way.
I.
To prevent
unintended rolling or slipping, a sidewalk vendor is prohibited from
operating a pushcart, pedal-driven cart, wagon, or other non-motorized
conveyance on a public right-of-way with a slope greater than five
percent.
J.
Sidewalk
vendors shall not leave their sidewalk vending receptacle unattended
to solicit business for their sidewalk vending activities.
K.
Sidewalk
vending receptacles shall not be stored on public property and shall
be removed when not in active use by a sidewalk vendor.
L.
All
signage and advertising related in any way to the sidewalk vendor
shall be attached to the sidewalk vending receptacle, if any, or the
sidewalk vendor's person.
M.
Sidewalk
vendors shall not use any electrical, flashing, wind powered, or animated
sign.
N.
No sidewalk
vending receptacle shall contain or use propane, natural gas, batteries,
or other explosive or hazardous materials.
O.
If a
sidewalk vending receptacle requires more than one person to conduct
the sidewalk vending activity, all sidewalk vendors associated with
the sidewalk vending receptacle shall be within five feet of the sidewalk
vending receptacle when conducting sidewalk vending activities.
P.
Sidewalk
vendors that sell food shall have in their possession at all times
they are conducting sidewalk vending activities, a health permit.
Q.
Sidewalk
vendors that sell food shall maintain a trash container in or on their
sidewalk vending receptacle and shall not empty their trash into public
trashcans. The size of the vendor's trash container shall be taken
into account when assessing the total size limit of a sidewalk vending
receptacle. Sidewalk vendors shall not leave any location without
first picking up, removing, and disposing of all trash or refuse from
their operation.
R.
Sidewalk
vendors shall immediately clean up any food, grease, or other fluid
or item related to sidewalk vending activities that falls on public
property.
S.
Sidewalk
vendors shall maintain a minimum four foot clear accessible path free
from obstruction, including sidewalk vending receptacles and customer
queuing area.
T.
Sidewalk
vendors shall not interfere in any way with anyone engaged in a sporting
activity and shall not approach spectators who are watching a sporting
activity to sell food or merchandise.
U.
All
sidewalk vendors shall allow a law enforcement officer, firefighter,
life safety services officer, code enforcement officer, health inspector,
or other government official charged with enforcing laws related to
the street vendor's activities, at any time, to inspect their sidewalk
vending receptacle for compliance with the size requirements of this
chapter and to ensure the safe operation of any heating elements used
to prepare food.
(Ord. 2019-1183 § 5)
A.
Sidewalk
vending receptacles 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, trash cans or traffic barriers.
B.
Sidewalk
vendors shall not engage in any of the following activities:
1.
Renting
merchandise to customers;
2.
Displaying
merchandise or food that is not avail-able for immediate sale;
3.
Selling
of alcohol, marijuana, adult oriented material, tobacco products,
products that contain nicotine or any product used to smoke/vape nicotine
or marijuana;
4.
Using
an open flame on or within any sidewalk vending receptacle;
5.
Using
an electrical outlet or power source that is owned by the City or
another person other than the sidewalk vendor;
7.
Continuing
to offer food or merchandise for sale, following, or accompanying
any person who has been offered food or merchandise after the person
has asked the sidewalk vendor to leave or after the person has declined
the offer to purchase food or merchandise;
8.
Knowingly
making false statement or misrepresentations during the course of
offering food or merchandise for sale;
9.
Blocking
or impeding the path of the person(s) being offered food or merchandise
to purchase;
10.
Making 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;
11.
Touching the person(s) being offered food or merchandise without
that person(s)' consent;
12.
Advertising any product or service that is not related to the food
or merchandise being offered for immediate sale; or
13.
Placing their sidewalk vending receptacles outside of any pathway
or sidewalk when engaging in sidewalk vending activities.
C.
Sidewalk
vendors shall not engage in sidewalk vending activities at the following
locations:
1.
The
beach or beach access way;
2.
Any
public property that does not meet the definition of a sidewalk or
pathway including, but not limited to, any alley, beach, plaza, street,
street end, or parking lot;
4.
Within
100 feet of:
a.
Another sidewalk vendor,
b.
A public or private school, a place of worship, or a large or general
child day-care facility,
c.
The intersection of a street and a sidewalk,
d.
Any public picnic area, playground area or play-ground equipment,
e.
The portion of any City facility that is renting merchandise or selling
food to the public or where the rental merchandise is stored, or
f.
A law enforcement officer, firefighter, lifeguard or emergency medical
personnel who are actively performing their duties or providing services
to the public;
5.
Within
25 feet of a:
a.
Fire hydrant,
b.
Curb which has been designated as white, yellow, green, blue, or
red zone, or a bus zone,
c.
Automated teller machine,
d.
Driveway, alley, or entrance to a parking lot or parking garage,
e.
Entrance or exit to a building, structure or facility, or
f.
Trash receptacle, bike rack, bench, bus stop, restroom, or similar
public use items.
E.
Sidewalk
Vending Related to Parks, Special Events, or Locations That Are Subject
to Special Permits. Sidewalk vendors shall operate in a manner consistent
with the following:
1.
No
sidewalk vendors may vend within 300 feet of a permitted event for
the duration or within operating hours of such an event. Permitted
events include certified farmer's markets, swap meets, and any event
that requires the temporary use of, or encroachment on, the sidewalk
or other public area, including, but not limited to, an encroachment
permit, special event permit, film permit, or temporary use permits.
2.
No
stationary sidewalk vendors may vend in any park subject to a signed,
exclusive concessionaire's agreement.
3.
The
City may, by resolution, adopt additional requirements consistent
with Government Code Section 51038(b)(2)(B) for City-owned or operated
parks, effective after signs are posted giving notice of such additional
requirements.
(Ord. 2019-1183 § 5)
Violations of this chapter shall not be prosecuted as infractions
or misdemeanors and shall only be punished by the following administrative
citation and revocation structure:
A.
Except
as otherwise provided in this chapter, any violation of this chapter
shall be assessed administrative fines in the following amounts:
1.
An
administrative fine not exceeding $100.00 for a first violation;
2.
An
administrative fine not exceeding $200.00 for a second violation within
one year of the first violation; and
3.
An
administrative fine not exceeding $500.00 for each additional violation
within one year of the first violation.
B.
If a
sidewalk vendor violates any portion of this chapter and cannot present
the citing officer with a proof of a valid permit, the sidewalk vendor
shall be assessed administrative fines in the following amounts:
1.
An
administrative fine not exceeding $250.00 for a first violation;
2.
An
administrative fine not exceeding $500.00 for a second violation within
one year of the first violation; and
3.
An
administrative fine not exceeding $1,000.00 for each additional violation
within one year of the first violation.
D.
The
Administrative Services Director, or the Administrative Services Director's
designee, may revoke a permit issued to a sidewalk vendor for the
term of that permit upon the fourth violation or subsequent violations
within one year of the first violation.
(Ord. 2019-1183 § 5)
