Editor's note: Former Ch. 5.28, derived from Prior Code Sections 5-4.1—5-4.8 and amended by Ord. Nos. 247, 935 and 1336 was amended in its entirety by Ord. No. 1368.
This Chapter is adopted pursuant to the City's police powers and Government Code Section 51036 et seq., including any successor statutes, for the purpose of regulating the sale of food and merchandise in the public right-of-way.
(Ord. 1368 § 3, 1/28/19)
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Chapter. Words and phrases undefined in this Code have the same meaning as set forth in Title 8 of the Public Health Code of Los Angeles County as amended by this Code.
"Certified Farmer's Market"
means a California agricultural product point-of-sale location that is registered under, and operated in accordance with Food and Agriculture Code Section 47000, et seq.
"Charitable organization"
means a nonprofit organization, which qualifies under Section 501(c)(3) through (14) of the Internal Revenue Code as a charitable organization; has principal offices in or conducted meetings regularly within the City for not less than three years immediately preceding an application for a sidewalk vendor permit; and has a bona fide membership of not less than 15 members. A charitable organization includes any parent, principal, or master entity.
"Junk food"
means any food or beverage that is low in essential nutrients, protein, vitamins or minerals and high in calories, sodium, sugar and fat. Junk foods include, without limitation, soda, candy, chips, ice cream, hot dogs or processed meat and chocolates.
"Pedestrian path"
means a footpath, not adjacent to a road, which is intended for use only by pedestrians, tricycles, strollers or baby carriages.
"Special event"
means any parade, athletic event, block party, or public assembly that requires partial or complete street or sidewalk closure to vehicular or pedestrian traffic and use of the street or sidewalk for the event, or any event for which a City-issued permit is required for the temporary use of, or encroachment on, the sidewalk or other public area.
"Swap meet"
has the meaning in Business and Professions Code Section 21661.
(Ord. 1368 § 3, 1/28/19)
A. 
Operating as a sidewalk vendor is prohibited without a valid permit issued in accordance with this chapter. Persons must, in addition to obtaining a permit in this chapter, comply with all other provisions of this Code.
B. 
Bona fide charitable organizations are exempt from this chapter and are otherwise regulated pursuant to Section 17510, et seq., of the Business and Professions Code.
(Ord. 1368 § 3, 1/28/19)
A. 
Sidewalk vendor permit applications must be made on a form approved by the City Manager, or designee, and accompanied by all information requested on the application, including:
1. 
The applicant's full, true name and California Driver's License, California Identification Card number, or individual taxpayer identification number;
2. 
Proof of a valid California Department of Tax and Fee Administration seller's permit;
3. 
The name, telephone number, current mailing address, and current photograph of the sidewalk vendor;
4. 
The name and business address of the principal if the sidewalk vendor is an agent of an individual, company, partnership or corporation;
5. 
A complete description of the food or merchandise offered for sale or exchange. Any applicant who intends to sell food must also provide proof of either a Food Handler Card or Certified Food Protection Manager certificate, where applicable, pursuant to Health and Safety Code Sections 113700—114437, and certify that the pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used has been approved by the County Health Department for that particular type of food;
6. 
The address of the location or proposed route where the sidewalk vendor is proposed to operate;
7. 
Proof of liability insurance; and
8. 
A complete description of any ancillary items that the applicant intends to use in conjunction with sales including, without limitation, small tables, trash receptacles, chairs, umbrellas and umbrella stands, or other similar items.
B. 
Each application must be accompanied by an application fee, the amount of which will be set by City Council resolution. Such application fee is solely to reimburse the City for costs incurred as a result of processing a permit application.
C. 
Completed applications must be submitted to the City Manager, or designee. Only complete applications will be considered. An application is complete if it includes all required information together with full payment of the application fee. Applications will be considered in the order they are received. The City may require supplemental information from any applicant before deeming an application complete. If supplemental information is requested, it must be provided to the City Manager, or designee, within seven business days of the request.
D. 
The City may reject or deny any or all applications. The City may request and obtain supplemental information from any applicant before making a decision on the application.
E. 
Applicants must agree to abide by the operational requirements stated in Section 5.28.050.
F. 
Sidewalk vendors cannot be permitted as a permanent or proprietary location in any property within the City.
G. 
The City Manager's decision with respect to a sidewalk vendor permit application may be appealed to the City Council pursuant to this title.
(Ord. 1368 § 3, 1/28/19)
A. 
The sidewalk vending permit is valid for 12 months after being issued unless revoked or suspended, and may be renewed early, before expiration. Sidewalk vending permits are issued to persons, not pushcarts, wagons, or other nonmotorized conveyances. Sidewalk vending permits are nontransferable.
B. 
Sidewalk vendors must maintain a clearance of not less than four feet (48-inches) upon every sidewalk or pedestrian path in order to comply with the Americans with Disabilities Act;
C. 
When necessary, stationary sidewalk vendors must provide a trash receptacle and recycling container for customers' proper disposal of customer trash during the sidewalk vendor's hours of operation. A sidewalk vendor may not dispose of customer trash in existing receptacles provided by the City;
D. 
Sidewalk vendors must keep the area around them clean and free of trash (no less than a 300-foot radius) during the sidewalk vendor's hours of operation and must pick up and properly discard any trash associated with their activities before leaving the area upon termination of the day's activities;
E. 
All applicable permits must be displayed in plain view at all times;
F. 
No pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance, or ancillary vending items or equipment may be left unattended or chained or fastened to any pole, sign, tree or other object in the public right-of-way. Any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance in violation of this subsection will be confiscated;
G. 
Merchandise may not be placed directly onto the public right-of-way without a permit authorizing such placement;
H. 
Sidewalk vendors may not offer junk food within 500 feet of any K-12 school between the hours of six a.m. and six p.m.;
I. 
Sidewalk vendors may not operate within 500 feet of a certified farmer's market, swap meet, or area designated for a special event, during their limited duration. The City Council may determine special events as allowed under this Code. The City Council may also designate which types of vendors, peddlers, sellers or solicitors will be allowed to participate in these special events;
J. 
Sidewalk vendors may not offer services or any illegal or counterfeit merchandise;
K. 
Stationary sidewalk vendors may not operate in any of the City's residential zones;
L. 
Stationary sidewalk vendors may not operate within Thompson Park, Caruthers Park, or any other City-owned park with an operative agreement between the City and a concessionaire for the exclusive sale of food or merchandise by the concessionaire.
M. 
Any stationary sidewalk vendor that stores, prepares, packages, serves, vends, or otherwise provides food must be operated within 200 feet of an approved and readily available toilet and handwashing facility whenever the stationary sidewalk vendor is stopped to conduct business for more than a one-hour period, per Section 114315 of the Health and Safety Code.
N. 
Sidewalk vendors may not operate vending tricycles, icicle trikes, bicycle vending carts or the like, in any City park.
O. 
Sidewalk vendors may not operate:
1. 
Within 15 feet of an intersection;
2. 
Within 10 feet of a driveway;
3. 
Within five feet of any alleyway;
4. 
Within five feet of any fire hydrant, fire call box or other emergency facility;
5. 
Within a marked bus zone;
6. 
Within 18 inches from the edge of the curb;
7. 
Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than six feet, or impedes egress from, access to or the use of abutting property; or
8. 
Within 25 feet of the entrance or exit to any building.
(Ord. 1368 § 3, 1/28/19)
A. 
Whenever any person fails to comply with any provision of this Chapter, or any rule or regulation adopted pursuant hereto, or with any other provision or requirement of law, including, but not limited to, this Code or any grounds that would warrant the denial of initial issuance of a permit hereunder, the City Manager, or designee, after giving such person 10 days' notice in writing to the address stated on the application and specifying the time and place of hearing and requiring him or her to show cause why his or her permit should not be revoked, will conduct a hearing. If permit violations are shown by substantial evidence, the City may revoke or suspend any permit. The City will not issue a new permit after the revocation of a permit unless it is satisfied that the applicant will thereafter comply with all provisions of this Chapter and the rules and regulations adopted thereunder and all other applicable provisions of law, and until the City collects a fee in an amount sufficient to recover the actual costs of processing the re-application.
B. 
The City Manager or designee will provide the permittee with written notice of the revocation by certified mail addressed to the permittee's address.
(Ord. 1368 § 3, 1/28/19)
A. 
Any violation of this Chapter is deemed to be a public nuisance and each day such condition continues will be regarded as a new and separate offense. Violations of this Chapter will be subject to administrative penalties administered pursuant to Chapter 1.12 of this Code.
B. 
Any person engaged in sidewalk vending, solicitation or peddling must prominently display all permits required by this Chapter.
C. 
Fines imposed by this Chapter will be as follows:
1. 
An administrative fine of $100.00 for a first violation;
2. 
An administrative fine of $200.00 for a second violation within one year of the first violation; and
3. 
An administrative fine of $500.00 for a third or subsequent violation within one year of the first violation. Alternatively, the City may revoke the permit issued upon a fourth or subsequent violation.
D. 
When assessing an administrative fine, the City must take into consideration the violator's ability to pay the fine. In doing so, the City may allow the violator to complete community service in lieu of paying the total administrative fine, waive the fine, or offer an alternative disposition. If either of the following are true, the violator may remit to the City 20% of the administrative fine imposed:
1. 
The violator is receiving public benefits under one or more of the following programs: (a) Supplemental Security Income (SSI) and State Supplementary Payment (SSP); (b) California Work Opportunity and Responsibility to Kids Act (CalWORKs) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program; (c) Supplemental Nutrition Assistance Program or the California Food Assistance Program; (d) County Relief, General Relief (GR), or General Assistance (GA); (e) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants; (f) In-Home Supportive Services (IHSS); or (g) Medi-Cal; or
2. 
The violator's monthly income is 125% or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. 9902(2).
E. 
Any fine required to be paid under the provisions of this Chapter is a debt owed by the vendor to the City. Any person owing money to the City under the provisions of this Chapter is liable to an action brought in the name of the City for the recovery of such amount.
(Ord. 1368 § 3, 1/28/19)
A. 
The City Manager, or designee, may impound food, goods, or merchandise that is abandoned on public property or displayed, offered, or made available for rent or sale by a vendor who does not possess a valid permit issued pursuant to this Chapter.
B. 
The City Manager, or designee, may immediately dispose of impounded materials that are perishable or cannot be safely stored in any reasonable manner.
C. 
The City Manager, or designee, may forfeit impounded materials from a vendor who has been found responsible for vending without required permits three or more times within a 24 month period. An aggrieved vendor may appeal a City forfeiture order pursuant to the procedures set forth in Section 9.36.070.
D. 
The City Manager, or designee, may dispose of abandoned impounded materials in accordance with administrative policies and procedures that may be promulgated by the City Manager.
E. 
The City Council may by resolution adopt impound fees, which recoup reflect the City's enforcement, investigation, storage and impound costs.
F. 
No person may retrieve impounded materials without paying applicable impound fees and demonstrating proper proof of ownership.
(Ord. 1415 § 2, 6/13/22; Ord. 1416 § 2, 6/27/22)