The following words and phrases, whenever used in this chapter,
shall mean as follows:
means a location operated in accordance with chapter 10.5
of Division 17 of the Food and Agricultural Code and any regulations
adopted pursuant to that chapter.
means the finance director of the City of Rancho Cucamonga.
means one or more natural persons, groups, businesses, business
trusts, companies, corporations, joint ventures, joint stock companies,
partnership, entities, associations, clubs, or organizations composed
of two or more individuals (or the manager, lessee, agent, servant,
officer, or employee of any of them), whether engaged in business,
nonprofit, or any other activity.
means base zoning districts of Very Low Residential (VL),
Low Residential (L), Low Medium Residential (LM), Medium Residential
(M), and High Residential (H).
means a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
means a person who vends from a vending cart or from one's
person, upon a public sidewalk, parkway, pedestrian path, or other
public right-of-way available to pedestrians.
means a sidewalk vendor who vends from a fixed location.
means a location operated in accordance with article 6 of
chapter 9 of Division 8 of the Business and Professions Code, and
any regulations adopted pursuant to that article.
means a permit issued by the city for the temporary use of,
or encroachment on, the sidewalk or any 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, or outdoor concerns.
means to sell, offer for sale, display for sale, or solicit
offers to purchase, food, food products, beverages, goods, or merchandise.
means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other nonmotorized conveyance used for vending,
that is not a vehicle as defined in the California Vehicle Code.
(Ord. No. 946 § 1, 2019)
No person, either for themselves or any other person, shall
conduct or engage in sidewalk vending within the city without first
obtaining a sidewalk vending permit pursuant to this chapter.
(Ord. No. 946 § 1, 2019)
To apply for a sidewalk vending permit, a person must file an
application with the director, accompanied by a nonrefundable processing
fee in an amount established by resolution of the city council. The
application shall be in a form prescribed by the director and shall
contain, at a minimum, the following:
A.
The
legal name, current address and telephone number of the applicant;
B.
If the
applicant is an agent of an individual, company, partnership, corporation,
or other entity, the name and business address of the principal;
C.
A description
of the food or merchandise offered for sale;
D.
Whether
the applicant intends to operate as a stationary sidewalk vendor or
a roaming sidewalk vendor;
E.
A copy of a valid business license issued pursuant to chapter 5.04 of the Rancho Cucamonga Municipal Code;
F.
A California
seller's permit number pursuant to section 6067 of the Revenue
and Taxation Code;
G.
An executed
agreement indemnifying and holding the city and its employees, officers
and agents harmless from any damages or other liability arising from
use of the permit;
H.
Proof
of liability insurance for the term of the permit covering all operations
of the applicant, any designated agents and all employees containing
an endorsement naming the city as additional insured, and which shall
be in such generally applicable minimum limits as set by the city's
risk manager;
I.
Certification
by the applicant that the information contained in the application
is true to his or her knowledge and belief;
J.
If a
vendor of food or food products, certification to completion of a
food handler course and proof of all required approvals from the San
Bernardino County department of public health;
K.
The
applicant shall provide two passport size photographs, be fingerprinted
by the Rancho Cucamonga police department, and authorize a criminal
record check to be conducted with all applicable fees paid by the
applicant; and
L.
Any
other reasonable information regarding the time, place, and manner
of the proposed vending.
(Ord. No. 946 § 1, 2019)
Upon receipt of a completed application, the director, or designee,
shall cause an investigation of the applicant and the application
as submitted. The investigation shall be completed in a timely manner
as follows and the applicant shall be notified of the result in writing
in a timely manner:
A.
The
applicant shall submit to LiveScan or similar fingerprint means of
identification and verification of the information provided. The applicant
shall be required to pay the established fees for such service in
addition to the permit fee.
B.
If, as a result of this investigation, the applicant is found to satisfy all of the requirements of section 9.35.030. and no grounds for denial exist, the application shall be approved and a sidewalk vending permit shall be issued to the applicant. The permit shall contain the name, business or residential address of the permittee, a description of the type of goods or services to be offered, the date of issuance and term of the permit, photograph of the permittee, and the signature of the issuing officer.
C.
A permit
application may be denied for any of the following reasons:
1.
Information
contained in the application, or supplemental information requested
from the applicant, is false or misleading in any material detail;
2.
The
applicant failed to provide a complete application, after having been
notified of the requirement to produce additional information or documents;
3.
Conviction
of a misdemeanor or felony involving fraud, theft, dishonesty, sales
of prohibited substances, or injury to any person within the previous
10 years, or any misdemeanor or felony for which the applicant is
required to register pursuant to Penal Code section 290;
4.
The
applicant has previously held a sidewalk vending permit which was
revoked by the City prior to the permit's expiration date;
5.
The
applicant has failed to pay any previous administrative fines, complete
any community service, and/or complete any other alternative disposition
associated with a previous violation of this chapter; or
(Ord. No. 946 § 1, 2019)
A sidewalk vending permit shall be valid for 12 months from
the date of issuance, and shall expire and become null and void on
the anniversary of its issuance. A person may apply for a permit renewal
on a form provided by the city prior to the expiration of his or her
active sidewalk vending permit. The applicant shall be required to
pay the administrative fee for the permit renewal in the amount established
by city council resolution at the time the application is filed.
(Ord. No. 946 § 1, 2019)
The director may revoke a permit issued to a sidewalk vendor
for a fourth violation or subsequent violation of this chapter. A
sidewalk vendor whose permit is revoked may apply for a new sidewalk
vending permit upon the expiration of the term of the revoked permit.
(Ord. No. 946 § 1, 2019)
Any person aggrieved by the decision of the director to issue,
deny issuance, or revoke a sidewalk vending permit may appeal the
decision in writing with the city clerk within 15 days following the
date of the director's decision. The appellant shall pay a non-refundable
fee in an amount established by resolution of the city council for
such appeal. The city clerk shall schedule an appeal hearing with
the city manager or designee within 15 days of an appeal being filed.
The decision of the city manager or the designee shall be final.
(Ord. No. 946 § 1, 2019)
No permit granted pursuant to this chapter shall be transferable.
(Ord. No. 946 § 1, 2019)
Sidewalk vendors shall comply with the following:
A.
No sidewalk
vendor shall vend in the following locations:
1.
Within
15 feet of any street intersection;
2.
Within
10 feet of any fire hydrant or other emergency facility;
3.
Within
10 feet of any driveway or driveway apron;
4.
Upon or within any roadway, median strip, dividing section or in the extended line of the "clear visibility triangle," as defined in section 17.126.020 and depicted in Figure 9.35.090-A;
 Figure 9.35.090-A Extended Area of Clear Visibility Triangle
|
5.
Within
200 feet of a police station or fire station;
6.
Within
500 feet of a permitted certified farmers' market, a swap meet,
or an area designated for a temporary special permit. This prohibition
shall be limited to the operating hours of the farmers' market
or swap meet, or the limited duration of the temporary special permit.
B.
No sidewalk
vendor shall vend in a manner that blocks or obstructs the free movement
of pedestrians or vehicles. Sidewalk vendors must at all times provide
a clearance of not less than four feet on all sidewalks or pedestrian
areas so as to enable persons to freely pass while walking, running,
or using mobility assistance devices.
C.
Sidewalk
vendors shall not vend in any area that obstructs traffic, diminishes
available parking, or in a manner to entice or cause drivers of vehicles
to stop in traffic lanes.
D.
Sidewalk
vendors shall not vend, sell, or interact with customers in vehicles
which are operating or located within a designated roadway or thoroughfare.
E.
Sidewalk
vending is permitted between the hours of 8:00 a.m. and 10:00 p.m.,
daily, except as follows:
1.
In
residential zoning districts, roaming sidewalk vending shall be permitted
between the hours of 8:00 a.m. and 8:00 p.m.
2.
Within
1,000 feet of any public or private school, vending shall not be permitted
between the hours of 7:00 a.m. and 4:00 p.m. on any day when school
is in session.
3.
In
nonresidential zoning districts, the limit on hours of operation shall
not be more restrictive than the hours of operation of other businesses
or uses on the same street.
F.
Stationary
sidewalk vendors shall not vend in residential zoning districts.
G.
Roaming
sidewalk vendors shall stop only to complete transactions and shall
remain stationary for a period of not to exceed 10 minutes, moving
a minimum of 50 feet from the location to commence additional sales.
H.
Sidewalk
vendors shall display not more than one sign containing two display
faces and that sign shall not be in excess of eight square feet nor
exceed eight feet in height measured from the ground.
I.
Vending
carts shall not exceed a length of four feet, a width of four feet,
or a height of eight feet, excluding any attached litter receptacle.
J.
Vending
carts, signs, merchandise or other property shall not touch, lean
against or be affixed at any time to any building or structure, including,
but not limited to, poles, posts, permitted signs, utility boxes,
trees, fire hydrants, benches, bus shelters, newsstands, trash receptacles,
or other objects on public property or in the public right-of-way.
K.
Any
device or structure used to produce shade shall be less than 60 square
feet in area, not to exceed eight feet in height when measured from
the ground, and must be freestanding, carried by the vendor or affixed
only to the cart or equipment of the vendor. Such devices shall not
be utilized or shall be removed immediately when weather or other
factors would cause such devices to become hazardous.
L.
Sidewalk
vendors shall provide a trash receptacle for customers and ensure
proper disposal of customer trash. Prior to leaving any vending location,
the sidewalk vendor shall pick up, remove, and dispose of all trash
generated by the vending operations or the vendor's customers
within a 25-foot radius of the vending location.
M.
Vendors
of food or food products shall possess and display in a conspicuous
location on the vending cart a valid health permit and decal sticker
from San Bernardino County department of public health, and all employees
handling food shall possess a current San Bernardino County food handler
card.
N.
Sidewalk
vendors shall possess and display at all times while vending a valid
permit issued pursuant to this chapter, as well as any other permit
or license required by the city and any other appropriate governmental
agency.
O.
Sidewalk
vendors shall not sell, attempt to sell, display or otherwise offer
any goods or services which are not stated on the sidewalk vending
permit.
P.
Sidewalk
vendors shall not sell, attempt to sell, display or otherwise offer
lottery tickets, alcohol, cannabis, adult oriented material, tobacco
or electronic cigarette products, illegal or counterfeit merchandise.
Q.
Sidewalk
vendors shall comply with all applicable state and local laws, including,
without limitation, state food preparation, handling, and labeling
requirements, fire codes and regulations, noise standards, the California
Vehicle Code, and the Americans with Disabilities Act of 1990 and
other disability access standards (both state and federal).
R.
No vending
cart shall become a permanent fixture on the vending site or be considered
an improvement to real property.
S.
Vending
carts or merchandise shall not be left unattended.
T.
Within
city parks, sidewalk vendors shall additionally comply with the following:
1.
Sidewalk
vendors shall operate in any city park only during normal hours of
park operation.
2.
Sidewalk
vendors shall not utilize any noise or light producing device which
would unreasonably interfere with the enjoyment of the park by others.
3.
Stationary
sidewalk vendors shall not establish a location for operation and
roaming sidewalk vendors shall not commence any sale within 50 feet
of any playground, athletic court, athletic field, recreational equipment,
water feature, cycling trail, picnic table, restroom facility or permanent
structure subject to reservation by the public.
4.
Vehicles
used to deliver goods, merchandise, food, personnel or in any other
way support sidewalk vending shall be maneuvered and parked only in
areas accessible to the general public for driving and parking. Vehicles
in the park in support of sidewalk vending shall not be maneuvered
on or across pathways, sidewalks, turf areas, planters, maintenance
roads or in any manner detrimental to park infrastructure or the safety
of the public.
5.
Stationary
sidewalk vendors shall not vend at any park where the city has signed
an agreement for concessions that exclusively permits the sale of
food or merchandise by a concessionaire.
U.
Sidewalk
vendors shall not operate in any area closed to sidewalk vending designated
in a resolution of the city council where the closure is directly
related to objective health, safety, or welfare concerns.
(Ord. No. 946 § 1, 2019)
A.
A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to chapter 1.12, in amounts not to exceed the following:
B.
A person engaged in sidewalk vending without a valid city sidewalk vending permit is punishable by an administrative citation pursuant to chapter 1.12 in amounts not to exceed the following, in lieu of the amounts set forth in subsection A:
C.
A violation
of this chapter shall not be punishable as an infraction or misdemeanor.
No person alleged to have violated the provisions herein shall be
subject to arrest except when otherwise permitted by law.
D.
Failure
to pay an administrative citation issued pursuant to this section
shall not be punishable as an infraction or misdemeanor. Additional
fines, fees, assessments, or any other financial conditions beyond
those authorized herein shall not be assessed.
E.
When
assessing administrative citations pursuant to this section, the hearing
officer shall take into consideration the person's ability to
pay the fine. The city shall provide the person with notice of his
or her right to request an ability-to-pay determination and shall
make available instructions or other materials for requesting an ability-to-pay
determination. The person may request an ability-to-pay determination
at adjudication or while the judgment remains unpaid, including when
a case is delinquent or has been referred to a comprehensive collection
program.
F.
If the
person meets the criteria described in subdivision (a) or (b) of Government
Code section 68632, the city shall accept, in full satisfaction, 20%
of an administrative citation imposed pursuant to this chapter.
G.
The
hearing officer may allow a person to complete community service in
lieu of paying the total administrative citation, may waive the administrative
citation, or may offer an alternative disposition.
(Ord. No. 946 § 1, 2019)
