A.
The
purpose of this chapter is to establish a sidewalk vending program
within the boundaries of the City of Wildomar. The requirements set
forth in this chapter are intended to protect the public's health,
safety and welfare by ensuring that vendors on public property provide
safe and sanitary conditions for consumers and the general public,
are adequately insured, and are properly licensed with other agencies.
B.
The
City of Wildomar hereby finds that limitations on sidewalk vending
are necessary to:
1.
Comply
with State legislation;
2.
Promote
the health, safety and welfare;
3.
Ensure
that the goals and policies of the City's General Plan are upheld;
4.
Ensure
that the flow of pedestrian or vehicular traffic, including ingress
into, or egress from, any residence, public building, or place of
business, or from the street to the sidewalk by persons exiting or
entering parked or standing vehicles is maintained;
5.
Provide
reasonable access for the use and maintenance of sidewalks, pathways,
hydrants, restrooms, trash receptacles, firefighting apparatus, as
well as access to locations used for public transportation services;
6.
Protect
the quality of life of City residents and minimize disruptions to
the quiet enjoyment of residential property by restricting noise-making
devices associated with sidewalk vending; and
7.
Ensure
no interference to the performance of police, firefighter, and emergency
medical personnel services.
(Ord. 176 § 3, 2020)
The following definitions apply to this chapter:
means any pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other nonmotorized conveyance, and includes a stationary
cart or a mobile cart.
means the City Manager or designee.
means any type of edible substance or beverage.
means any item that is not food.
means the Riverside County Department of Environmental Health.
means a pushcart, pedal-driven cart, wagon, or other nonmotorized,
conveyance used by a roaming sidewalk vendor.
means a permit related to sidewalk vending that is issued
in accordance with this chapter.
means the fee charged for issuance of the permit related
to sidewalk vending that is issued in accordance with this chapter.
means one or more natural persons, individuals, groups, businesses,
business trusts, companies, corporations, joint ventures, joint stock
companies, partnerships, 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 any area zoned exclusively as residential in the Wildomar
Municipal Code.
has the same meaning as set forth in Government Code Section
51036(b) and includes a sidewalk vendor who moves from place to place
and stops only to complete a transaction.
means any surface in the public right-of-way provided for
the use of pedestrians.
means the program established by this chapter that is applicable
to sidewalk vending-related activities.
has the same meaning as set forth in Government Code Section
51036(a) and includes a person who sells food or merchandise from
a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack,
or other nonmotorized conveyance, or from one's person, upon a public
sidewalk or other pedestrian path.
means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other nonmotorized conveyance, that is operated
from a fixed location by a stationary sidewalk vendor instead of being
moved from place to place, where stops are limited to completing a
transaction.
has the same meaning as set forth in Government Code Section
51036(c) and includes a sidewalk vendor who vends from a fixed location.
means a motorized vehicle as defined in Vehicle Code Section
670.
means the offering or displaying for sale or selling of any
food, merchandise, or goods.
(Ord. 176 § 3, 2020)
No sidewalk vendor, including roaming and stationary sidewalk
vendors, may operate on any sidewalk within the City without first
obtaining a business registration from the City.
(Ord. 176 § 3, 2020)
A.
No
sidewalk vendor may vend on any sidewalk within the City without first
obtaining a sidewalk vending permit pursuant to this chapter.
B.
No
permit will confer entitlement or exclusive right to vend at a specified
location within the City.
C.
A permit
is required for each cart, stationary cart, mobile cart, roaming sidewalk
vendor, or stationary sidewalk vendor.
(Ord. 176 § 3, 2020)
A.
To
obtain a sidewalk vending permit, a sidewalk vendor must provide the
following as part of their application:
1.
Valid
identification, such as a State of California identification, or any
other government-issued identification card.
2.
The
name, address and telephone number of the sidewalk vendor.
3.
The
name, address, and telephone number of all persons that will be employed
as roaming sidewalk vendors or at a stationary sidewalk vending cart.
4.
Proposed
hours of operation.
5.
Proposed
location(s) of operation.
6.
Whether
the sidewalk vendor intends to operate a stationary cart, a mobile
cart, or if no cart will be used.
7.
The
type of food or merchandise offered for sale or exchange.
8.
Proof
of a valid City business registration.
9.
Proof
of liability insurance.
10.
A valid California Department of Tax and Fee Administration seller's
permit and additional licenses from State or local agencies to the
extent required by law.
11.
Proof of completion of a food handler course and present a copy of
the course completion certificate, if applicable.
12.
A permit from the Riverside County Health Department for food-relating
vending, if applicable.
13.
A declaration that the information provided to the City is true and
correct.
14.
Any other information or applicable permits, including operations-related
information, as may be required by the Wildomar Municipal Code.
B.
Each
application for a permit shall be accompanied by a nonrefundable permit
processing fee established by resolution of the City Council from
time to time.
C.
The
Director shall approve a complete application for a sidewalk vending
permit that complies with the provisions of this chapter.
D.
Permits
will expire six months after the date of issuance.
E.
Permits
are not transferrable.
(Ord. 176 § 3, 2020)
A.
To renew a sidewalk vending permit, a sidewalk vendor must provide all the information as set forth in Section 12.24.050 and pay the applicable permit renewal processing fee as may be established by resolution of the City Council from time to time.
B.
A person
whose permit is revoked may not renew their permit for one year.
(Ord. 176 § 3, 2020)
A.
In
addition to any other reason provided for in this chapter, a permit
may be denied, suspended or revoked when it has been determined that
the sidewalk vendor:
1.
Has
not complied with the applicable provisions of this chapter four or
more times.
2.
Has
knowingly made a false statement of fact in an application for such
permit.
3.
Has
payment of any administrative fine that remains outstanding.
4.
Has
engaged in activity that presents an objective threat to the public
health, safety, or welfare.
B.
From
the time of the revocation or suspension of a sidewalk vendor permit
granted under the provisions of this chapter, it is unlawful for any
person whose permit has been suspended or revoked to operate within
City boundaries until a new permit has been procured or the period
of suspension has expired. It is also unlawful for any person to operate
within the City during the period of time that a permit has been revoked,
terminated or suspended.
(Ord. 176 § 3, 2020)
A.
Any
person aggrieved by any determination under the provisions of this
chapter shall be entitled to appeal that decision as provided herein.
B.
Any
recipient of an administrative citation may contest that there was
a regulatory violation or that he or she is the responsible party.
C.
Any
interested person may appeal a decision of the Director regarding
an application for or revocation of a sidewalk vendor permit by filing
with the City Clerk a complete notice of appeal within 15 days from
the date notice of such decision is mailed. To be deemed complete,
the appeal must be in writing, state the grounds for disagreement
with the Director's stated decision, include the address to which
notice is to be mailed, be signed under penalty of perjury, and be
accompanied by the filing fee established by City Council resolution.
D.
If
an appeal is timely filed, the City Clerk will cause to be set a date
for the hearing of the appeal by a hearing officer not more than 30
days from the date the appeal is received. The hearing will be a de
novo hearing on the action appealed from. At the hearing, the appellant
will have the right to offer testimonial, documentary, and tangible
evidence bearing upon the issues. The hearing officer will not be
bound by the formal rules of evidence. Any hearing under this section
may be continued for a reasonable time for the convenience of a party
or a witness.
E.
The
hearing officer will issue written findings and a decision within
ten days of the conclusion of the hearing and send notice of the decision
by certified mail to the appellant. The notice of the decision must
include reference to the appellant's right to prompt judicial review
under California Code of Civil Procedure Section 1094.8.
F.
The
action by the hearing officer will be final unless timely judicial
review is sought pursuant to California Code of Civil Procedure Section
1094.8.
(Ord. 176 § 3, 2020)
A.
A valid
sidewalk vending permit and all other permits issued by other public
agencies must be prominently displayed at each location where sidewalk
vending occurs.
B.
Sidewalk
vending must be conducted at all times in compliance with the terms
and conditions of the permit, the requirements of this chapter, and
all other applicable laws and regulations, including the California
Retail Food Code if food is sold.
C.
A sidewalk
vendor must operate according to its approved hours of operations.
No sidewalk vendor will operate anywhere in the City between the hours
of 10:00 p.m. and 7:00 a.m. daily. Roaming sidewalk vendors in residence
districts shall not operate any time from one-half hour after sunset
to one-half hour before sunrise.
D.
No
cart, condiment table, trash receptacle or other item associated with
a sidewalk vendor may be left on the sidewalk after the sidewalk vendor's
stated closing time.
E.
Sidewalk
vendors may only operate on paved sidewalks.
F.
All
sidewalk vendors shall allow City enforcement officers, County health
inspectors or other government officials to inspect their sidewalk
vending activities at any time.
G.
No
vendor cart may exceed a length of 72 inches, a width of 54 inches,
or a height, including any roof, awning, or umbrella, of 80 inches.
H.
No
sidewalk vendor shall use an electrical outlet or water supply that
is owned by the City or another person or entity other than the sidewalk
vendor, nor shall they use propane or electric generators.
I.
No
sidewalk vendor that utilizes a pushcart may set up or use an additional
structure, including a table, crate, carton, or rack, to increase
the selling or display capacity of the cart unless such items are
explicitly allowed in the permit obtained by the sidewalk vendor.
J.
All
sidewalk vendors shall provide a trash receptacle for customers and
must ensure proper disposal of customer trash. The trash receptacle
must be large enough to accommodate customer trash without resort
to existing trash receptacles located on any block for use by the
general public. A sidewalk vendor may not dispose of customer trash
in existing trash receptacles on sidewalks.
K.
All
sidewalk vendors shall maintain a clean and trash-free area within
a 10-foot radius around the vendor's cart during hours of operation
and shall ensure that such area is clean and trash-free before relocating
or closing.
L.
No
cart may be outfitted with any equipment or mechanism that endangers
or detracts from the health, safety, or welfare of the public by causing
an excessive distraction to motorists or interfering with nearby residences,
business, or pedestrians, including but not limited to, sound amplification,
flashing lights, smoke, steam, and bubbles. Signs associated with
the sidewalk vendor must comply with the City's Sign Ordinance.
(Ord. 176 § 3, 2020)
No stationary cart may be used to vend within a residence district.
However, a sidewalk vendor may use a mobile cart within a residence
district and must move continuously except when necessary to complete
a sale.
(Ord. 176 § 3, 2020)
A.
No
sidewalk vendor may place or leave any cart, canopy, merchandise displays,
perishables, or other items relating to vendor's business in a manner
that obstructs vehicular or pedestrian traffic, or the visibility
of such, and includes the following:
1.
Within
three feet from the edge of the curb.
2.
Within
10 feet of a marked crosswalk, the curb returns of an unmarked crosswalk,
or a driveway or driveway apron.
3.
Within
25 feet of an entrance or exit to a building, structure or facility.
4.
Within
30 feet of any fire hydrant.
5.
Within
250 feet of another sidewalk vendor.
6.
Within
500 feet of City Hall, fire stations, law enforcement stations, anywhere
public safety personnel is actively performing duties, places of worship
from one hour before until one hour after services, or a public or
private school or daycare facility between the hours of 6:00 a.m.
and 6:00 p.m.
7.
Where
placement impedes the flow of vehicular traffic such as on public
streets or public highways.
8.
Adjacent
to any marked loading zone or bus zone.
9.
No
cart may be stored, parked, or left overnight on any public street
or right-of-way, or in any public park.
10.
Where placement impedes the flow of pedestrian traffic by reducing
the clear space to less than four feet or impedes access to or the
use of abutting property, including, but not limited to, residences
and places of business, in accordance with the Americans with Disabilities
Act (ADA).
B.
No
cart may be chained or fastened to any pole, sign, tree, or other
object in the public right-of-way or left unattended.
C.
Notwithstanding
any specific prohibitions in this section, no sidewalk vendor may
install, use or maintain a cart where placement endangers the safety
of persons or property.
(Ord. 176 § 3, 2020)
No sidewalk vending is allowed within 1,000 feet of a permitted
special event during the duration or operating hours of such an event.
Permitted events include certified farmers' markets, swap meets, outdoor
concerts and any event that requires an encroachment permit, special
event permit, or temporary event permit.
(Ord. 176 § 3, 2020)
Sidewalk vending in violation of this chapter will not be punishable
as a criminal infraction or misdemeanor, but will be subject to an
administrative citation as follows:
A.
For
vending without a valid license or permit:
1.
An
administrative fine of $250.00 for a first violation.
2.
An
administrative fine of $500.00 for a second violation within one year
of the first violation.
3.
An
administrative fine of $1,000.00 for a third violation and each subsequent
violation, within one year of the first violation.
4.
Upon
proof of a valid permit issued by the City before such fines are due,
the City will reduce the amount of the fines to $100.00 for the first
violation, $200.00 for the second violation, and $500.00 for each
violation thereafter.
B.
For all violations of this chapter other than vending without a valid license or permit as outlined in subsection A above:
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.
3.
An
administrative fine of $500.00 for a third violation within one year
of the first violation.
4.
An
administration fine of $500.00 for a fourth and each subsequent violation
and revocation of the license or permit.
C.
The
City will provide the person subject to the fine notice of his or
her right to request an ability-to-pay determination and will make
available instructions or other materials for requesting an ability-to-pay
determination.
D.
Fines
assessed pursuant this section may be reduced to 20% of the original
fine amount upon submission of proof of inability-to-pay at an adjudication
hearing if requested by the person pursuant to Government Code Section
51038(f).
E.
Fines
collected under this section will be deposited with the City's treasury
for general use.
(Ord. 176 § 3, 2020)
The City may request the sidewalk vendor remove any cart if
the cart is creating an imminent safety hazard. If the sidewalk vendor
refuses to remove the cart, or if the cart has been abandoned, the
City may remove the cart and/or dispose of the cart, after providing
at least 30 days' notice of redemption to the address associated with
the cart, if any.
(Ord. 176 § 3, 2020)
Any violation of this chapter is declared to be unlawful and
a public nuisance.
(Ord. 176 § 3, 2020)
