The following words and phrases, whenever used in this chapter, shall mean as follows:
"Certified farmers' market"
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.
"Director"
means the finance director of the City of Rancho Cucamonga.
"Person"
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.
"Residential zoning district"
means base zoning districts of Very Low Residential (VL), Low Residential (L), Low Medium Residential (LM), Medium Residential (M), and High Residential (H).
"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 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.
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
"Swap meet"
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.
"Temporary special permit"
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.
"Vend or vending"
means to sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.
"Vending cart"
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
6. 
The applicant has failed to demonstrate an ability to conform to the operating standards set forth in section 9.35.090.
If the permit is denied, written notice of such denial and the reasons therefore shall be provided to the applicant.
(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)
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:
1. 
$100.00 for a first violation.
2. 
$200.00 for a second violation within one year of the first violation.
3. 
$500.00 for each additional violation within one year of the first violation.
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:
1. 
$250.00 for a first violation.
2. 
$500.00 for a second violation within one year of the first violation.
3. 
$1,000.00 for each additional violation within one year of the first violation.
4. 
Upon proof of a valid sidewalk vending permit issued by the city, the administrative citations set forth in this subsection shall be reduced to 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)