For the purposes of this chapter, the following words and phrases
shall have the meanings ascribed to them unless otherwise noted:
means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agricultural
Code and any regulations adopted pursuant to that chapter.
means the city of Glendale.
means the following zones: all single-family and multi-family zones, as described in Chapter 30.11, Residential Districts, of this code. For purposes of this chapter, any area not within an exclusively residential zone shall be deemed commercial.
means within 500 feet.
means a public park owned or operated by the city.
means any natural person, firm, association, organization,
partnership, joint venture, business trust, corporation, or company.
means equipment used by a sidewalk vendor for vending activities,
including, but not limited to, a pushcart, stand, display, pedal-driven
cart, wagon, showcase, rack, or other non-motorized conveyance.
means a public sidewalk or paved pedestrian path specifically
designed for pedestrian travel. A sidewalk shall not include streets,
alleys, plazas, or city-owned parking lots or structures.
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. A sidewalk vendor may be either a:
"Roaming sidewalk vendor,"
which means a sidewalk vendor who moves from place to place
and stops only to complete a transaction; or
"Stationary sidewalk vendor,"
which means a sidewalk vendor who vends from a fixed location.
means a permit issued for the temporary use of, or encroachment on, a sidewalk or other public area, including, but not limited to, a special event permit issued pursuant to Chapter 5.88 of this code and a special event permit issued by the city's community services and parks department for events at any city park.
means to sell, offer for sale, expose or display for sale,
solicit offers to purchase, or to barter food or merchandise, or to
require someone to negotiate, establish or pay a fee before providing
food or merchandise, even if characterized as a donation. Vend or
vending does not include the offering of services.
(Ord. 5972 § 5, 9-14-2021)
No person shall engage in sidewalk vending, as defined in this
chapter, without first obtaining a sidewalk vendor license. A separate
license is required for each receptacle used by a sidewalk vendor.
(Ord. 5972 § 5, 9-14-2021)
A.
Any person wishing to obtain a sidewalk vendor license shall file an application according to requirements and procedures in Section 5.04.050.
B.
Applications
for sidewalk vendor licenses shall include the following additional
information:
1.
A
copy of a valid California driver's license or identification number,
an individual taxpayer identification number, or an identification
card issued by another municipality. Such information is not a public
record and will remain confidential as required by Government Code
Section 51038(c)(4);
2.
If
the vendor is an agent of an individual, company, partnership, or
corporation, the name and business address of the principal;
3.
A
description of the merchandise to be offered for sale and any vending
equipment to be used (including the dimensions of the receptacle and
a photograph thereof;
4.
A
copy of a valid California Department of Tax and Fee Administration
sales tax number, as required;
5.
If
a vendor of food, proof of all required approvals from the Los Angeles
County department of public health;
6.
The
results of a fingerprinting background check using a form furnished
by the city;
7.
For
stationary sidewalk vendors, a description, map, or drawing of the
location(s) in which the applicant proposes to operate;
8.
A
statement of the days and hours of proposed vending operations, and
whether the sidewalk vendor intends to operate as a stationary vendor
or a roaming vendor;
9.
An
agreement by the applicant to indemnify and hold harmless the city,
its officers and employees, for any damage or injury caused to the
city as a result of the sidewalk vending conduct or activity;
10.
The applicant's certification, that to his or her knowledge and belief,
the information contained in the application is true;
11.
Such other information as the director deems necessary for the administration
or enforcement of this chapter as specified on the required application
form.
(Ord. 5972 § 5, 9-14-2021)
B.
Additionally,
a sidewalk vendor license application may be denied, or a license
suspended or revoked based on any of the following grounds:
1.
The proposed vending location encroaches on a public sidewalk without maintaining an unobstructed pedestrian access route as specified in Section 5.20.070(D);
2.
The
proposed vending operation, including the equipment to be used by
the vendor, fails to comply with all applicable health, zoning, fire,
building and safety laws of the state of California or of the city
of Glendale;
3.
The
applicant is required to register under the provisions of California
Penal Code Section 290 (or an equivalent section in any other state);
4.
The
applicant has been convicted of any felony offense involving the sale
of a controlled substance specified in California Health and Safety
Code Section 11054, 11055, 11056, 11057, or 11058 within five years
of the date of the application, or is otherwise on probation or parole
for any offenses set forth in this section.
(Ord. 5972 § 5, 9-14-2021)
A sidewalk vending license shall be valid from the date of issuance
through December 31 of that year, unless suspended or revoked prior
to that date in accordance with the provisions of this chapter.
(Ord. 5972 § 5, 9-14-2021)
A sidewalk vending license shall not be required for events
conducted in accordance with a commercial special event permit, such
as for a certified farmers' market, swap meet, street fair, or outdoor
concert.
(Ord. 5972 § 5, 9-14-2021)
A.
Sidewalk
vendors are subject to the following operating conditions when conducting
sidewalk vending activities:
1.
Conducting
sidewalk vending activities shall be limited as follows:
a.
On sidewalks or pathways within or directly adjacent to exclusively
residential areas, between dawn and dusk daily;
b.
In non-residential areas, vending activities are prohibited between
2:00 a.m. and 6:00 a.m.; and
c.
In parks, during the times the parks are open to the public until
one hour before closing.
2.
All
food and merchandise shall be stored either inside or affixed to the
sidewalk vendor receptacle or carried by the sidewalk vendor. Food
and merchandise shall not be stored, placed, or kept on any public
property. If affixed to the sidewalk vendor receptacle, the overall
space of the sidewalk vendor receptacle shall not exceed the size
requirements provided in this section;
3.
The
sidewalk license shall be displayed conspicuously at all times on
the sidewalk vending receptacle or the sidewalk vendor's person. If
multiple sidewalk vendors are staffing a sidewalk vendor receptacle
or working as roaming sidewalk vendors, each person shall wear their
license on their person in a conspicuous manner;
4.
Sidewalk
vendors shall not leave their sidewalk vending receptacle unattended;
5.
All
signage and advertising related in any way to the sidewalk vendor
shall be attached to the sidewalk vending receptacle, if any, or the
sidewalk vendor's person;
6.
Sidewalk
vendors shall not use any electrical, flashing, wind powered, or animated
sign;
7.
Sidewalk
vending receptacles shall not be stored on public property and shall
be removed when not in active use by a sidewalk vendor;
8.
No
sidewalk vending receptacle shall contain or use explosive or hazardous
materials with the exception of propane;
9.
Sidewalk
vendors that sell food shall display at all times they are conducting
sidewalk vending activities, the health permit issued by the Los Angeles
County department of public health;
10.
Sidewalk vendors that sell food shall maintain a trash container
in or on their sidewalk vending receptacle and shall not empty their
trash into the public trash cans. Sidewalk vendors shall not leave
any location without picking up, removing, and properly disposing
of all trash or refuse from their operation. (Vendors must maintain
their own trash containers for the proper disposal of trash, food,
or liquids generated by their vending activities.);
11.
Sidewalk vendors shall immediately clean any food, grease or other
fluid or item related to sidewalk vending activities that falls on
public property;
12.
Sidewalk vendors shall not block an exit to a building, structure
or facility;
13.
Stationary sidewalk vendors shall not cause, allow, or maintain the
placement of tables, chairs, shade structures, tents, umbrellas, other
furniture, rugs, towels, fabric of any kind upon the sidewalk in conjunction
with the vending operation;
14.
Sidewalk vendors shall not store or leave unattended vending equipment
or receptacles in public spaces or in any portion of the public right-of-way.
Equipment or objects left in public spaces or in the public right-of-way
overnight, or outside the hours of permitted vending operations will
be considered discarded and may be seized or disposed of by the city;
15.
Sidewalk vending receptacles must not exceed the maximum dimensions
of six feet in length by four feet in width;
16.
Roaming vendors must maintain an unobstructed view over four feet
in height from the ground to the table top structure of the receptacle;
and
B.
Sidewalk
vendors shall not:
1.
Rent
merchandise to customers;
2.
Display
or advertise merchandise or food that is not available for immediate
sale;
3.
Sell
live animals, alcohol, cannabis, adult oriented material, tobacco
products, products that contain nicotine or any product used to smoke
or vape nicotine or cannabis;
4.
Use
an electrical outlet or power source that is owned by the city or
another person other than the sidewalk vendor;
5.
Continue
to offer food or merchandise for sale, following, or accompanying
any person who has been offered food or merchandise after the person
has asked the sidewalk vendor to leave or after the person has declined
the offer to purchase food or merchandise;
6.
Knowingly
make any false statements or misrepresentations during the course
of offering food or merchandise for sale;
7.
Block
or impede the path of the person(s) being offered food or merchandise
to purchase;
8.
Make
any statement, gesture, or other communication which a reasonable
person in the situation of the person(s) being offered food or merchandise
to purchase would perceive to be a threat and which has a reasonable
likelihood to produce in the person(s) a fear that the threat will
be carried out;
9.
Touch
the person(s) being offered food or merchandise without that person(s)
consent; or
10.
Place their sidewalk vending receptacles outside of any pathway or
sidewalk when engaging in sidewalk vending activities;
11.
Use any horns, music, lights, visual media, or sound amplifying device
unless expressly approved in the license;
12.
Physically alter or otherwise damage the sidewalk;
13.
Fasten or affix any item, including, but not limited to, tape, strap,
chain, tie, band, or rope, to any public property;
14.
Provide or sell any service to any person; or
15.
Place any type of fencing or other divider around the vending area.
C.
All
sidewalk vending activities shall comply with the Americans with Disabilities
Act, as well as with the proposed accessibility guidelines for pedestrian
facilities in the public right-of-way, as the same may be amended
from time to time.
D.
The
minimum width of the public sidewalk to be occupied shall not be less
than 10 feet in commercial or other non-residential zones, and the
vending occupancies or activities within these zones must permit at
least five feet of unobstructed area of public walkway. Roaming vendors
operating in exclusively residential zones must permit at least four
feet of unobstructed public walkway while engaged in vending activities.
E.
No vending
activities shall occur in the following locations:
1.
Any
public property, including, without limitation, streets, alleys, median
strip, or dividing section, and city owned parking structures, except
on a public sidewalk or a city park;
2.
Glendale
City Hall, unless pursuant to an agreement with the city;
3.
Glendale
civic auditorium;
4.
Any
Glendale city library, unless pursuant to an agreement with the city;
5.
Within
or in the immediate vicinity of:
a.
A certified farmers' market or during the hours of its operation;
or
b.
An area designated for a special event permit for the limited duration
of the permitted event;
c.
Any notice, business interruption mitigation, or other rights provided
to affected businesses or property owners will also be provided to
any sidewalk vendors specifically permitted to operate in the area,
if applicable.
7.
Within
100 feet of another vendor;
8.
Within
25 feet of any on-street valet parking zone or loading/unloading zone,
or any taxicab zone or stand;
10.
Within 15 feet of:
a.
Any bus stop, bus bench or bus shelter;
b.
Any street corner or marked pedestrian crosswalk;
c.
The outer edge of any entrance to any business, including, but not
limited to, doors, vestibules, and driveways, during the hours that
any business on the premises is open to the public or to persons having
or conducting lawful business within those premises;
d.
The outer edge of any area permitted for sidewalk or outdoor dining,
including, but not limited to, sidewalk or outdoor dining entries
and exits during the hours the business is open to the public; or
e.
Any driveway or alley approach.
11.
Within five feet of any traffic signal controller, traffic signal
pole, or other emergency facility; power pole, street light pole,
general utility pole, above ground cabinet, general utility facility,
manhole, parking meter, regulatory and directional signs, street furniture,
or street art sculptures;
13.
Within 350 feet of any public or private school grounds between the
hours of 8:00 a.m. and 5:00 p.m., on days that school is open to students.
F.
Stationary
sidewalk vendors are prohibited on sidewalks within areas that are
zoned exclusively residential. This prohibition does not extend to
roaming sidewalk vendors.
G.
The
city's Art and Entertainment District, Alex Theatre District, and
portions of the Downtown area have been created to encourage the concentration
of arts, cultural and entertainment venues, as well residential, commercial,
shopping, dining, and retail uses. Due to the high volume of the pedestrian
and vehicular traffic in these areas, sidewalk vending is prohibited
on:
1.
The
east and west sidewalks of Artsakh Avenue between Wilson Avenue and
Harvard Street;
2.
The
alley west of the Downtown Central Library from Harvard Street to
Colorado Street;
3.
The
north side of Colorado Street from the alley west of the Downtown
Central Library to Brand Boulevard;
4.
The
east and west side of Brand Boulevard from Colorado Street to Lexington
Drive;
5.
The
north and south sides of Wilson Avenue from Brand Boulevard to Artsakh
Avenue on the south and Maryland Avenue on the north; and
6.
The
east and west sides of Central Avenue from Colorado Street to underneath
the location of the pedestrian bridge that crosses above Central Avenue.
H.
The
following areas have unique and historic characteristics, and offer
the community retail and dining opportunities. Due to the high volume
of the pedestrian and vehicular traffic in these areas, sidewalk vending
is prohibited in the following locations:
1.
The
Montrose Shopping Park area on Honolulu Avenue between Sunset Avenue
on the north side of the street and the western edge of 2462 Honolulu
Avenue on the south side of the street to Verdugo Road/Montrose Avenue;
2.
The
Kenneth Village area on Kenneth Road between Sonora and Grandview
Avenues, including all commercial properties surrounding the intersections.
3.
The
commercial Adams Square area along East Chevy Chase Drive between
1015/1020 East Chevy Chase Drive (west of South Adams Street) and
East Acacia Avenue, and along South Adams between East Chevy Chase
Drive and East Palmer Avenue, including all commercial corner properties
at said intersections.
I.
Use,
occupation and obstruction of the public sidewalk which is permitted
under this chapter may be temporarily suspended or revoked, without
prior notice, when, in the discretion of the director, the police
chief, or the fire chief, any such use, occupation or obstruction
may interfere with public safety efforts or programs, street improvement
activities, construction activities, cleaning efforts or other similar
activities or with the health, welfare or safety of the public.
J.
Vending
in Parks.
1.
Vendors
shall cease vending operations in any park one hour prior to park
closure.
2.
Stationary
sidewalk vendors are prohibited from vending in any city park that
is subject to an exclusive concessionaire agreement to provide food
or merchandise.
3.
Vendors
shall remain on sidewalks or pedestrian, pathways while vending in
parks.
4.
Sidewalk
vendors shall not vend in the following locations within a park:
a.
Within 50 feet of any field or court that is primarily designed for
use in a sporting activity (including, but not limited to, baseball
field, softball field, basketball court, tennis court, soccer field,
volleyball court, and handball court), while said area is in use;
b.
Within 50 feet of any playground, pool, or exercise area while said
area is in use.
K.
The
city manager or designee may adopt administrative regulations imposing
additional requirements consistent with this chapter and all other
applicable laws in order to regulate the time, place, and manner of
vending.
(Ord. 5972 § 5, 9-14-2021)
A.
Any applicant or license holder aggrieved by a decision denying an application or revoking or suspending a license pursuant to this chapter may appeal following the procedures in Section 5.04.110.
B.
An aggrieved
person may obtain judicial review within the time and in the manner
provided for in California Code of Civil Procedure Section 1094.6,
or any successor legislation.
(Ord. 5972 § 5, 9-14-2021)
A.
A violation
of this chapter is not punishable as an infraction or misdemeanor,
and no person will be subject to arrest for sidewalk vending unless
the person has violated a law for which a person may be arrested.
B.
A violation
of this chapter is punishable only by an administrative fine according
to a fee schedule adopted by resolution of the city council.
C.
Notwithstanding
any other provision of this code, failure to pay an administrative
fine assessed under this section is not punishable as an infraction
or misdemeanor, and additional fines, fees, assessments, or any other
financial conditions beyond those authorized will not be assessed.
(Ord. 5972 § 5, 9-14-2021)
A.
When
assessing an administrative fine under this chapter, the city will
take into consideration a person's ability to pay the fine.
1.
Any
fine issued under this section will be accompanied by a notice of
and instruction regarding a person's right to request an ability-to-pay
determination.
2.
A
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 collection program.
B.
If a
person is receiving public benefits under Government Code Section
68632(a), or has a monthly income which is 125% or less than the current
poverty guidelines updated periodically in the Federal Register by
the United States Department of Health and Human Services, the person's
administrative fine is limited to 20% of the amount assessed. The
city may also take the following actions:
(Ord. 5972 § 5, 9-14-2021)
