The city finds that the vending of prepared or pre-packaged
foods, goods, and/or wares at semi-permanent locations on public sidewalks
and rights-of-way may pose unsafe conditions and special dangers to
the public health, safety, and welfare of residents and visitors.
The purpose of this Chapter is to implement regulations on both roaming
and stationary sidewalk vending that protect the public health, safety,
and welfare of the community while complying with the requirements
of general state law, as amended from time to time, to promote safe
vending practices, prevent safety, traffic, and health hazards, and
preserve the public peace, safety, and welfare of the community.
(Ord. 2077, 9/14/2023)
For purposes of this Chapter, the following definitions apply:
"Certified farmers market"
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.
"City"
means the City of Palm Springs.
"Park"
means a public park owned by the city.
"Sidewalk vendor or vending"
means a person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business 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 public pedestrian path. "Sidewalk vendor or vending" does not mean a "solicitor," as that term is defined in Section
5.48.010. "Sidewalk vendor or vending" does not include a vendor on private property; such vendors are regulated by Palm Springs Zoning Code Section 94.02.01, which requires a land use permit for such use.
"Swap meet"
means a location operated in accordance with Article 6 (commencing
with Section 21660) of Chapter 9 of Division 8 of the Business and
Professions Code, and any regulations adopted pursuant to that article.
"Temporary special event"
means an event that is permitted pursuant to Palm Springs
Zoning Code Section 94.02.01, or as otherwise permitted and authorized
by the city.
(Ord. 2077, 9/14/2023)
The City Council may establish sidewalk vending zones by resolution
to encourage sidewalk vending activity in areas where impacts to public
health, safety and welfare are minimized. In establishing sidewalk
vending zones, the City Council may waive certain operational standards
of this Chapter, including hours of operation, shade structure limitations,
site furniture limitations, and other similar standards provided such
waivers are identified in the adopting resolution.
(Ord. 2077, 9/14/2023)
In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the City Manager or designee made under the provisions of this Chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision pursuant to Section
3.68.010.
(Ord. 2077, 9/14/2023)