As used in this chapter the following meanings shall apply:
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Sidewalk vendor"
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.
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
(Ord. 2191 § 1, 2019)
A. 
Only sidewalk vendors with valid sidewalk vending permits issued by the police chief may vend upon the city's public right-of-way.
B. 
To apply for a sidewalk vending permit, the applicant must pay a nonrefundable processing fee in an amount established by resolution of the city council and provide:
1. 
A completed application form containing:
a. 
Their name and mailing address;
b. 
Description of the merchandise offered for sale or exchange;
c. 
If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation;
d. 
An agreement by the sidewalk vendor, in a form approved by the city attorney, to indemnify and hold harmless the city, its officers and employees, for any damage or injury arising from the sidewalk vending activities; and
e. 
Certification that the information is true to his or her knowledge and belief.
2. 
A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by Government Code Section 51038(c)(4).
3. 
A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.
4. 
A copy of a valid mobile food facility permit issued by the Alameda County department of environmental health, as required.
5. 
Proof of a policy or policies of comprehensive general liability insurance, in an amount as approved by the city attorney, against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the city as an additional insured. In addition, the permittee is required to carry workers' compensation and automobile coverage sufficient to meet the requirements of the state of California.
C. 
All sidewalk vendors are required to have a business license pursuant to Title 5 (Business Licensing and Taxation) of this code.
D. 
Sidewalk vending permits are valid for a period of two years unless rescinded pursuant to Section 6.38.050.
(Ord. 2191 § 1, 2019)
A. 
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.
B. 
To prevent food-borne 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.
C. 
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 9.04 (Noise Regulations) of this code.
D. 
A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way.
E. 
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 8:00 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.
F. 
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.
G. 
To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedaldriven cart, wagon, or other non-motorized conveyance on a public-right-of-way with a slope greater than five percent.
H. 
Sidewalk vendors that sell food shall maintain a trash container in or on their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, and shall not empty their trash into public trashcans. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation.
(Ord. 2191 § 1, 2019)
A. 
Sidewalk vending hours' limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate 24 hours.
B. 
Sidewalk vending is limited to the hours of 9:00 a.m. through 5:00 p.m. for areas that are exclusively residential.
C. 
Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential.
D. 
A stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that city park.
E. 
A sidewalk vendor is prohibited from operating within 500 feet of: (1) a school; (2) a permitted certified farmers' market; (3) a permitted swap meet; or (4) any area subject to a parade permit or special event street closure permit issued pursuant to Chapter 11.64 (Parades) of this code or a temporary use permit issued pursuant to Section 18.124.170 of this code.
(Ord. 2191 § 1, 2019)
A. 
Every person vending without a sidewalk vending permit, or violating any other provision of this chapter, is subject to an administrative citation pursuant to Chapter 1.24 (Administrative Citations) of this code.
B. 
The chief of police may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter.
(Ord. 2191 § 1, 2019)
A. 
Any administrative citation issued under Section 6.38.050 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.
B. 
If the requestor is receiving public benefits under Government Code Section 68632, subdivision (a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the police chief will limit the total amount of the requestor's administrative citation to 20 percent of the total and may:
1. 
Allow the person to complete community service in lieu of paying the total administrative fine; or
2. 
Waive the administrative citation; or
3. 
Offer an alternative disposition.
(Ord. 2191 § 1, 2019)