As used in this chapter the following meanings shall apply:
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
non-motorized conveyance, or from one's person, upon a public sidewalk
or other pedestrian path.
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.
(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:
(Ord. 2191 § 1, 2019)
