Chapter 6.90 REGULATION OF STREET AND SIDEWALK VENDORS AND PEDDLERS

It is unlawful for any person, on behalf of themselves or any other person, to engage in peddling or soliciting activities or to sell or offer for sale any goods or merchandise from one’s person, any vehicle parked, stopped or standing, or from any human-powered device, upon any street, sidewalk or other areas in the city unless pursuant to a valid permit and business license, and in accordance with all applicable provisions of this chapter and code.

Street or sidewalk vendors shall not conduct vending activities upon any public property that is not legally open to the public for sidewalks, streets or pedestrian pathway purposes, unless otherwise specifically permitted by this chapter and code.

Street and sidewalk vendors shall not enter or encroach onto private property while engaged in vending activities, unless pursuant to the property owner’s consent or authorization.

Peddlers and solicitors shall not conduct business upon any private property in the city except in accordance with the requirements of this chapter and code. Notwithstanding any provisions of this chapter, peddlers and solicitors shall not conduct such business at any private premises which is posted with a clearly visible sign bearing the words “No Peddlers or Solicitors” or words to that effect.

(e)

Street and sidewalk vendors shall not conduct vending activities while located within two hundred feet of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet.

(f)

Street and sidewalk vendors shall not conduct vending activities while located within two hundred feet of an area subject to a current special event or private event permit issued by the city pursuant to Chapter 6.48 of this code, including, but not limited to, street fairs, outdoor art shows, concerts, and recreational events, during the operating hours of such permitted activities and for the duration of such permits.

(g)

Street and sidewalk vendors shall not conduct vending activities while located within: (1) fifty feet of any intersection of two or more public streets; (2) within fifty feet of any fire hydrant, emergency call boxes, utility cabinets, or fire escape; and (3) within five hundred feet of any public or private elementary, junior high or high school.

(h)

All street and sidewalk vendors and peddlers and solicitors shall comply with the noise standards provided in Chapter 8.32 of Title 8 of this code, as it is most currently in effect and as may be amended.

(i)

All street and sidewalk vendors and peddlers and solicitors shall comply with all generally applicable Federal, State, and local laws, including, but not limited to: the South San Francisco Municipal Code, the Americans with Disabilities Act of 1990 and other disability access standards, and any applicable and most current provisions of San Mateo County Health codes, regulations, and requirements for food safety.

(Ord. 1582 § 5, 2019)

§ 6.90.040 Vending permits.

Any person desiring to engage in vending activities within the city shall first obtain a business license and a vending permit from the city. An application for a vending permit shall include the following information in writing, as applicable depending on the type of the applicant’s vending activity:

The name and description of the applicant;

The current mailing address of the applicant;

Individual identification information for the applicant. Acceptable photograph identification includes, but is not limited to, a state-issued driver license or identification card, or similar photograph identification issued by the United States government or a foreign government;

A description of the merchandise offered for sale or exchange;

(5)

Proof of insurance, as required by this chapter;

(6)

Agreement by the applicant to indemnify and hold harmless the city, its officers and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant’s operation location;

(7)

The applicant’s valid California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if applicable;

(8)

If applicant is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;

(9)

The number of vending vehicles to be owned, operated or controlled by the applicant, and the make, model, body style, year, vehicle identification number (VIN) or serial number, state license plate number, and name and address of the registered and/or legal owners of each vehicle;

(10)

The number of human-powered devices to be owned, operated or controlled by the applicant, and the name and address of the registered and/or legal owner of each human-powered device;

(11)

A description of the logos, color scheme, insignia and any other distinguishing characteristics of the applicant’s vehicles and/or human-powered devices;

(12)

Evidence of insurance coverage as may be required by the city’s risk manager, with the type and amount of coverage to be determined by the risk manager according to the size and risk factors of the vendor’s operations;

(13)

A sworn statement by the applicant that all vending vehicle drivers employed by the applicant possess a valid California driver’s license;

(14)

A description of any additional equipment or materials to be used in conjunction with the vending vehicle(s) and/or human-powered device(s);

(15)

Those persons operating in the city as street vendors, sidewalk vendors, peddlers, or solicitors on the effective date of the ordinance codified in this chapter shall be required to obtain a permit at such time as they seek to renew their business license after the effective date of this chapter.

Vending permit applicants shall promptly notify the city of any material changes to the facts provided in the permit application subsequent to the issuance of a vending permit.

Any false or misleading statements or information provided in a vending permit application, or any failure to comply with the requirements of this chapter, shall be grounds for denial of the application or revocation of the permit.

Revocation of a vending permit shall be served in writing no less than thirty days before revocation to the address listed on the initial application or to any subsequent address provided to the city by the permittee.

Any applicant whose application for a vending permit is denied or whose permit is revoked may appeal such decision to the city manager or designee by filing a written notice of appeal within ten calendar days after receipt of the notice of denial or revocation.

The city manager or designee shall review and render a decision on the appeal within ninety calendar days. The decision made by the city manager or designee shall be final.

Additional Requirements Pertaining to Peddlers and Solicitors. Peddlers and solicitors shall comply with the following in connection with a vending permit application:

Each applicant for a peddler’s or solicitor’s permit and all partners, agents, employees, servants, or crew members shall submit to fingerprinting by the police department for identification purposes; it shall be the duty of the police department to check all of said fingerprints with the Federal Bureau of Investigation and the California Criminal Intelligence Bureau. If the police department ascertains that the applicant, or any of said persons, has a criminal record, or is of undesirable character, it shall be the duty of the chief of police to report such matter, at the earliest possible date, to the city council, with his recommendation, and, in the meantime, no license or permit, as the case may be, shall be issued to such person, pending action by the city council. If, upon the police report, such person is denied a license or permit, or if he or she withdraws his or her application after the police department has commenced its investigation, he or she shall be entitled to a refund of the tax paid to the collector as specified in this section; provided, however, that there shall be deducted therefrom the sum of fifty dollars to be retained by the city as reimbursement for the cost of making each investigation;

The provisions of this section with respect to fingerprinting and police investigation shall apply to all persons peddling or soliciting within the confines of the city whether such person is subject to the payment of a business license fee or not. All persons exempt from the payment of such business license fee shall, nevertheless, be required to carry a card containing the same information and data as specified in this section, and shall pay to the collector the sum of fifty dollars annually for the purpose of defraying the expense of fingerprinting, police investigation, and preparation of a vending permit as required by this chapter, which must be renewed each year.

§ 6.90.050 Street and sidewalk vendor regulations.

Failure to carry on, maintain and conduct vending activities according to the regulations provided for in this chapter shall be grounds for suspension or revocation of the vending permit.

(Ord. 1582 § 5, 2019)

Each street vendor, sidewalk vendor, peddler or solicitor shall possess and at all times display in conspicuous view upon each vending vehicle or human-powered device, as applicable, a city issued business license, a street vending permit issued pursuant to this chapter and any other permits required pursuant to this chapter.

Every street and sidewalk vendor selling or offering for sale any produce or other food item for which a food handling permit or other health permit is required shall possess, and at all times display, such required permit(s) in conspicuous view upon each vending vehicle or human-powered device, as applicable.

Vending Equipment. Any vehicle, human-powered device, or equipment associated with vending activities shall not:

Be stopped or left standing in any manner which blocks or impedes pedestrian or vehicular traffic or the access to any driveway or restricts the free movement of other vehicles upon any street.

Locate in such a way as to endanger the safety of person or property or to cause a public or private nuisance, including, but not limited to, installing umbrellas, hanging wires, and other apparatus that create an obstacle for pedestrians on the vendor’s person, cart, wagon, rack, vehicle, or other conveyance for vending activities, or using an open flame.

Attach to or make contact with any utility pole, street sign, bus stop, trash can, traffic pole or any other public structure.

Remain left or maintained unattended at any time. Any vehicle, human-powered device, equipment or objects left in public spaces or in any portion of the public right-of-way unattended will be considered discarded and may be seized or disposed of by the city.

(5)

Use any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to goods or merchandise offered for sale without first obtaining a permit from the police chief pursuant to Section 8.32.070 of this code.

Merchandise. No vendor shall store any merchandise, goods, equipment, furnishings upon a public way, or on private property without consent of the property owner, at any time.

(e)

Sanitation. Each vendor shall vend and possess in immediate reach of the vendor’s person, vehicle, or human-powered device, a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending.

Each street vendor or sidewalk vendor shall pick up and deposit in the trash receptacle in the immediate reach of the vendor’s person any paper, cups, wrappers, litter or other refuse from the vending and which have been left or abandoned within fifty feet of the vendor other than in a trash receptacle provided for such purposes.

No street vendor or sidewalk vendor shall dispose of any trash or refuse in any public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such vendor, and shall immediately clean up any food, grease or other fluid or item related to their vending activities that are spilled or discharged from their vending activity.

(f)

Location and Use of Surrounding Properties. Street vendors or sidewalk vendors and their vending activities shall not:

Locate within fifty feet of another street vendor or sidewalk vendor or their vending activity.

Block any entrances or exits of any buildings, facilities, parking structures or lots, residences, or any other properties, or otherwise impede access thereto in any other manner.

Operate in the public right-of-way or any area that obstructs pedestrian, on street parking, emergency responder personnel, or vehicular access.

Unlawfully trespass, or permit their vending activities to unlawfully trespass, on adjacent residential or other private properties.

(5)

Create, or permit their vending activities to create, a noise, odor, or sanitary nuisance for residents or occupants in adjacent residences or other properties.

(6)

In areas that are zoned exclusively residential, sidewalk vendors may not vend in one location for more than thirty minutes. The vendor must move a distance of not less than two hundred feet between consecutive stops at which vending occurs. Once a vendor has moved from a vending location, the vendor may not return to that location for at least thirty minutes.

All street vendors shall at all times maintain a clear passageway on all sidewalks, streets or pathways on which they locate as permitted by this chapter so as to enable persons to freely pass while walking, running, or using mobility assistance devices.

(g)

Parks. Street vendors are prohibited from operating in a public park. Stationary sidewalk vendors are prohibited in such parks or facilities if the city has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that park.

Vending within public parks, as permitted herein, is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways.

Outside of these aforementioned areas, vending shall not take place on sand, dirt, grass, parking lot, or on any space which would obstruct, damage, or otherwise adversely affect the public’s use and enjoyment of natural resources and recreational opportunities, or contribute to an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.

(h)

Vendor Vehicles. Street vendors operating from a motorized vehicle shall comply with the following:

Vending shall only be permitted after the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner.

Vendors shall not vend directly to persons in other vehicles or from an area other than the curb side of the parked vending vehicle.

To ensure pedestrian access and traffic safety and to prevent overcrowding, vending shall be limited to thirty minutes in any one location and the vendor must move a distance of not less than two hundred feet between consecutive stops at which vending occurs. Once a vendor has moved from a vending location, the vendor may not return to that location for at least thirty minutes.

(Ord. 1582 § 5, 2019)

§ 6.90.060 Violation—Penalty.

Any person violating any of the provisions of this chapter is subject to the following administrative fines not to exceed:

One hundred dollars for a first violation; or

Two hundred dollars for a second violation within one year of the first violation; or

Five hundred dollars for each additional violation within one year of the first violation.

The city may revoke a permit issued to a vendor for the term of that permit upon the fourth violation or subsequent violations.

Notwithstanding any other provisions of this Code, violations of this chapter by sidewalk vendors operating via their person or via a human-powered device shall not be punishable as a criminal offense.

Any person vending without a vending permit is subject to the following administrative fines in lieu of those set forth in subsection (a):

Two hundred fifty dollars for a first violation;

Five hundred dollars for a second violation within one year of the first violation; and

One thousand dollars for each additional violation within one year of the first violation.

The owners, managers or operators of any street vendors, sidewalk vendors peddlers, or solicitors are responsible for the violation of any provision of this chapter by their agents or employees.

Any fine issued herein for sidewalk vendors operating via their person or via a human-powered device will be accompanied with a notice of and instruction regarding the right to request a determination on the ability to pay. If the requestor is receiving public benefits under Government Code Section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five 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 city will limit the total amount of the requestor’s administrative fine to twenty percent of the total.

(e)

The city may, pursuant to this section, do either of the following for a citation issued to sidewalk vendors operating via their person or via a human-powered device:

Allow the person to complete community service in lieu of paying the total administrative fine;

Waive the administrative fine; or