For the purposes of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
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 Glendora.
means director of community development or designee.
means the roadway path or other surface that provides police
or fire safety vehicular access from the dispatched point of origin
to a facility, building, parcel, park or portion thereof. Emergency
vehicle access includes, but is not limited to, fire lanes, public
and private streets, parking lot lanes, access roadways, and walkways.
means any item provided Health and Safety Code Section 113781,
or any successor section.
means any item(s) that can be sold and immediately obtained
from a sidewalk vendor that is not considered food. Items for rent
shall not be considered merchandise.
means any area dedicated or established as a public park
owned or operated by the city.
means a paved path or walkway for pedestrian travel, other
than a sidewalk.
means any natural person, firm, association, organization,
partnership, joint venture, business trust, corporation, or company.
means all property owned or controlled by the city, including,
but not limited to, alleys, parks, pathways, streets, parking lots,
sidewalks, and walking trails.
means a sidewalk vendor who operates by traveling from place
to place and stops only to complete a transaction.
means a public sidewalk or paved pedestrian path specifically
designed for public pedestrian travel.
means a pushcart, stand, pedal-driven cart, display, wagon,
showcase, rack or non-motorized conveyance.
means 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 sidewalk within
the city.
refers to commercial activity conducted by a sidewalk vendor.
means a permit issued for the temporary use of, or encroachment
on, a sidewalk or other public area, including a "special outdoor
display event."
refers to that meaning in Section 5.32.010.
means a sidewalk vendor who operates from a fixed location.
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 chapter, or any successor chapter.
(Ord. 2046 § 4, 2020)
A.
No
person shall engage in any sidewalk vending activities without first
obtaining a sidewalk vendor permit from the director, or designee.
Permit decisions by the director or designee shall be final.
B.
The
requirements of this chapter shall not apply to the following persons:
(Ord. 2046 § 4, 2020)
A.
An
application for a sidewalk vending permit shall include the following
information:
1.
The
applicant's name, current mailing address, and telephone number;
2.
A
copy of a valid California's driver's license or identification number,
an individual taxpayer identification number, or a social security
number. An applicant for a business license or permit to operate as
a sidewalk vendor shall not be required to submit a social security
number for the issuance of such license or permit. In lieu of an otherwise
required social security number, the city shall accept a California
driver's license or identification number, an individual taxpayer
identification number, or a municipal identification number. Identification
numbers submitted under this section shall not be made available to
the public for inspection, shall be treated as confidential, and shall
not be disclosed except as required to administer the license or permit
program or to comply with a state law or state or federal court order;
3.
Each
individual sidewalk vendor must have his or her own permit. In addition,
if the vendor is an agent of an individual, company, partnership,
or corporation, the name and business address of the principal and
the name, address, and telephone number of the person in charge of
any roaming sidewalk vendors, and sidewalk vending activity;
4.
Two
prints of a recent passport size photo of the applicant;
5.
Whether
the vendor(s) intends to operate as a stationary sidewalk vendor or
a roaming sidewalk vendor;
6.
A
description of the merchandise and/or food to be offered for sale;
7.
The
number of sidewalk vending devices the sidewalk vendor will operate
under the permit and a description and a photograph of each and every
vending device and trash receptacle to be used (including the dimensions
of carts or other conveyances);
8.
A
copy of a valid California Department of Tax and Fee Administration
seller's permit, as required, which shall be maintained during the
pendency of the sidewalk vendor's permit;
9.
If
a vendor of food, proof of all required approvals from the Los Angeles
County Department of Public Health;
10.
Evidence of insurance as required of street vendors as stated in Glendora Municipal Code Section 10.76.030(2).
11.
The applicant's acknowledgment that the sidewalk vendor's use of
public property is at their own risk, the city does not take any steps
to ensure public property is safe or conducive to the sidewalk vending
activities, and the sidewalk vendor uses public property at his or
her own risk.
12.
The applicant's certification that, to his or her knowledge and belief,
the information contained in the application is true and acknowledgment
that the sidewalk vendor will comply with all other generally applicable
local, state, and federal laws.
B.
Application
and Permit Fees. Applications shall not be accepted unless accompanied
by payment of an application fee that the city council may establish
by separate resolution in an amount not to exceed the city's reasonable
cost of providing the services required by this chapter. The application
and permit are only applicable to the individual(s) named on the application.
(Ord. 2046 § 4, 2020)
All sidewalk vendors are subject to the following operating
conditions when conducting sidewalk vending activities:
A.
All
food and merchandise shall be stored either inside or affixed to the
sidewalk vendor device or carried by the sidewalk vendor. Food and
merchandise shall not be stored, placed, or kept on any public property.
B.
All
sidewalk vendors that prepare or sell food must be in compliance with
all Los Angeles County and state of California permitting and licensing
requirements for the preparation or sale of food.
C.
The
overall space taken up by the sidewalk vendor device shall not exceed
the size requirements provided for in this section. Sidewalk vendors
shall not set up, maintain, or permit the use of any additional table,
crate, carton, rack, or any other device to increase the selling or
display capacity of their stand where such terms have not been described
by their application and approved in their sidewalk vendor permit.
D.
The
sidewalk vendor permit shall always be displayed conspicuously on
the sidewalk vending device or the side-walk vendor's person. If multiple
sidewalk vendors are staffing a sidewalk vendor device or working
as roaming sidewalk vendors, each person shall wear their permit on
their person in a conspicuous manner.
E.
Sidewalk
vendors shall not leave their sidewalk vending device unattended to
solicit business for their sidewalk vending activities. Sidewalk vending
devices shall not be stored on public property and shall be removed
when not in active use by a vendor.
F.
All
sidewalk vendors shall allow any city official at any time, to inspect
their sidewalk vending device for compliance with the size requirements
of this chapter and to ensure the safe operation of any heating elements
used to prepare food.
G.
Sidewalk
vending devices shall not exceed a total height of three feet, a total
width of three feet, and a total length of three feet.
H.
If
a sidewalk vending device requires more than one person to conduct
the sidewalk vending activity, all sidewalk vendors associated with
the vending device shall be within five feet of the device when conducting
sidewalk vending activities.
I.
Sidewalk
vendors that sell food shall maintain a trash container in or on their
sidewalk vending device and shall not empty their trash into public
trash cans. The size of the food vendor's trash container shall be
considered when assessing the total size limit of a sidewalk vending
device. All sidewalk vendors shall not leave any location without
first picking up, removing, and disposing of all trash, refuse or
spillage from their operation. All sidewalk vendors shall immediately
clean up any food, refuse, grease or other fluid or items related
to sidewalk vending activities that fall on public property.
J.
Stationary
sidewalk vending activities may only occur on sidewalks with an eight-foot
minimum width. All vending activities must maintain a four-foot minimum
accessible and unobstructed clearance for pedestrians, including sidewalk
vending devices and customer queuing area.
K.
Sidewalk
vendors shall comply with the following noise standards:
1.
It is unlawful for any sidewalk vendor to shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound-amplifying system while vending where such sound exceeds the city's noise standards as set forth Chapter 9.44.
2.
No
sidewalk vendor shall operate or permit the operation of any sound
amplification system to advertise, to draw attention to the presence
of the sidewalk vendor or to communicate commercial information to
the general public, except to request emergency assistance or warn
of a hazardous situation.
L.
Sidewalk
vendors shall not vend to or otherwise conduct transactions with persons
in moving vehicles or vehicles illegally parked or stopped. Sidewalk
vending activities may only sell to pedestrians and may not sell to,
or attempt to sell to, any customers located in any vehicles.
M.
In
residential areas, roaming sidewalk vendors may only operate between
the hours of eight a.m. and six p.m., Monday through Friday, inclusive
and between ten a.m. and six p.m. on weekends and holidays. Stationary
vendors may not operate in areas that are zoned exclusively residential.
N.
In
commercial or mixed-use areas, both sidewalk and stationary sidewalk
vendors may only operate between eight a.m. and nine p.m., or as consistent
with the hours of operation of the businesses on that same street,
seven days a week.
(Ord. 2046 § 4, 2020)
A.
Sidewalk vendors shall comply with all operating conditions, including those conditions set forth in Section 10.77.040.
C.
Sidewalk
vendors shall not engage in sidewalk vending activities at the following
locations:
2.
On
any designated emergency vehicle access way.
3.
On any public property that does not meet the definition of a sidewalk, except as otherwise stated in subsection D below.
4.
Within
one hundred feet of a sidewalk or other public area designated for
a special outdoor display event, parade permit, swap meet, certified
farmers' market, filming, or encroachment issued by the city, during
the limited duration of the permit.
5.
On
any private property without the express written consent of the owner
or lessee of the property.
6.
Any
location that would impede entering or exiting a parked vehicle.
7.
Stationary
sidewalk vendors shall not sell food or merchandise or engage in any
sidewalk vending activities at any park where the city has signed
an agreement for concessions that exclusively permits the sale of
food or merchandise by a concessionaire.
8.
Within
one hundred feet of any public safety facility, including without
limitation police stations, first responder locations, and fire stations.
9.
On
any sidewalk where vending equipment and queuing patrons would restrict
access requirements under the Americans with Disabilities Act.
10.
Sidewalk vending devices shall not touch, lean against or be affixed
at any time to any building or structure including, but not limited
to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants,
benches, bus shelters, newsstands, trashcans, or traffic barriers.
D.
Sidewalk
vendors may be permitted to operate upon sidewalks in parks owned
or operated by the city. However, no stationary sidewalk vendor may
operate in a city-owned or city-operated park if the operator of the
park has signed an agreement for concessions that exclusively permits
the sale of food or merchandise by the concessionaire.
(Ord. 2046 § 4, 2020)
A sidewalk vending license shall not be transferable to any
person or be valid for vending operations in any location(s) other
than that location designated on the license for the term stated.
(Ord. 2046 § 4, 2020)
A.
Any
violation of this chapter or any term of a sidewalk vendor's permit,
except a violation for operating without a required sidewalk vendor's
permit, is punishable only as follows:
1.
An
administrative fine not exceeding one hundred dollars for a first
violation.
2.
An
administrative fine not exceeding two hundred dollars for a second
violation within one year of the first violation.
3.
An
administrative fine not exceeding five hundred dollars for each additional
violation within one year of the first violation.
4.
Rescission
of the sidewalk vendor's permit for the remaining term of that permit
upon the fourth violation or subsequent violations within one year
of the first violation.
B.
A violation
for operating without a required sidewalk vendor's permit is punishable
only as follows:
1.
An
administrative fine not exceeding two hundred fifty dollars for a
first violation.
2.
An
administrative fine not exceeding five hundred dollars for a second
violation within one year of the first violation.
3.
An
administrative fine not exceeding one thousand dollars for each additional
violation within one year of the first violation.
C.
Upon proof that a sidewalk vendor possesses the required sidewalk vendor's permit, any administrative fine imposed pursuant to subsection B of this section for operating without a required sidewalk vendor's permit shall be reduced to the applicable fine amount set forth in subsection A of this section.
D.
Notwithstanding
any other provision of this section, all fines imposed pursuant to
this section shall be subject to an ability-to-pay determination as
described in Government Code Section 51039(f), and as amended. Concurrent
with issuance of any citation for administrative fines pursuant to
this section, the citing officer shall provide the sidewalk vendor
with notice of his or her right to request an ability-to-pay determination,
and shall make available to the sidewalk vendor instructions or other
materials for requesting the ability-to-pay determination.
E.
Notwithstanding
any other provision of this code, no violation of this chapter shall
be punished as a criminal offense.
(Ord. 2046 § 4, 2020)
A.
When
assessing an administrative fine under this chapter, the city will
take into consideration a person's ability to pay the fine. Furthermore:
1.
Any
fine issued under this chapter will be accompanied by 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 comprehensive collection program.
B.
If
a person 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 person's administrative fine will
be limited to twenty percent of the amount assessed according to the
fee schedules in Section 5.122.110(8). The city may also take the
following actions:
(Ord. 2046 § 4, 2020)
