Unless the contrary is stated, clearly appears from the context,
or is superseded by any applicable state law, the following definitions
shall apply:
"Food"
shall have the same meaning as
Health and Safety Code Section
113781, as amended from time to time. As currently defined, food means
a raw, cooked, or processed edible substance, ice, beverage, an ingredient
used or intended for use or for sale in whole or in part for human
consumption, and chewing gum.
"Impound"
means to seize or take custody of vending equipment, food,
or merchandise because of a violation of any applicable law or regulation.
"Merchandise"
means any tangible item or personal property offered for
sale.
"Other pedestrian path"
means a publicly maintained and paved path that is open to
the public for the sole purpose of pedestrian travel. It does not
include a median, parkway, crosswalk, bike path, trail, or ramp intended
for use by physically disabled persons.
"Park"
means a public playground, public recreation center or area,
and any other public area owned or operated by the City for the purpose
of public rest, play, recreation, enjoyment or gathering.
"Place of public assemblage"
means every place of public amusement or entertainment, stadium,
auditorium, theater, athletic field, concert hall or arena, or similar
facility which has a capacity of ten thousand persons or more.
"Sidewalk"
is that portion of a highway, other than the roadway, set
apart by curbs, barriers, markings or other delineation for pedestrian
travel.
"Sidewalk vendor"
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 public sidewalk
or other pedestrian path.
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
A roaming sidewalk vendor who stops in one location for ten minutes
or more to complete a transaction may be considered a stationary sidewalk
vendor.
(Ord. 23-17 9-12-23)
A sidewalk vendor shall obtain a permit from the City's Permits
and Licenses Committee before vending any food or merchandise within
the City. The application procedures and permit fees outlined in Chapter
8, Article 3 of this Code apply to applicants for a sidewalk vendor
permit. In addition thereto, the following provisions shall apply:
(1) If an
applicant is selling food or merchandise which requires a license
or permit from another governmental agency, the applicant shall provide
a valid copy of that permit or license to the Permits and Licenses
Committee as part of the application for a sidewalk vendor permit;
and
(2) An applicant
shall not be required to provide any information or documentation
to the City that is prohibited by
Government Code Section 51038; and
(3) Sidewalk
vendors that use propane may be subject to additional regulations
and inspections as adopted by the Permits and Licenses Committee.
(Ord. 23-17 9-12-23)
In addition to the general regulations specified in Section
8-164, the following sidewalk vending restrictions shall apply when applicable:
(1) Places
of Public Assemblage. Sidewalk vendors shall not operate on any public
right-of-way located within one thousand feet of a place of public
assemblage. This prohibition shall apply beginning two hours before
and ending two hours after each event held at a place of public assemblage.
The City Council may modify these restrictions, by resolution and
on a case-by-case basis, for special events like the Olympics, Super
Bowl, or any other special event which entails substantial health,
safety and welfare concerns.
(2) Parade
Routes. Sidewalk vendors shall not operate on any public right-of-way
that is alongside a parade route beginning two hours before and ending
two hours after each parade.
(3) Farmer's
Markets. Sidewalk vendors shall not operate on any public right-of-way
located within five hundred feet of a Farmers Market beginning two
hours before and ending one hour after a Farmers Market is held.
(4) Filming
locations. Sidewalk vendors shall not operate on any public right-of-way
located within the boundary of a lawfully permitted filming location,
during the hours specified in the film permit.
(Ord. 23-17 9-12-23)