(a) 
Purpose. The purpose of this Article is to promote consistency in the application of this Sidewalk Vendor Program in conformance with state law.
(b) 
Findings. The City Council hereby finds as follows:
(1) 
Public sidewalks and other pedestrian paths (collectively "public rights-of-way") are intended for pedestrian travel; and
(2) 
Federal and state laws require that cities meet certain accessibility standards for disabled persons traveling on public rights-of-way; and
(3) 
Government Code Sections 51036—51039 decriminalize sidewalk vending and allow the City to adopt a program regulating sidewalk vendors in compliance therewith; and
(4) 
Sidewalk vendors take up space on public rights-of-way and attract customers so as to create additional obstacles for pedestrians to avoid while traveling on public rights-of-way; and
(5) 
Sidewalk vendors and their customers may generate trash, noise and other impacts to public rights-of-way and abutting properties; and
(6) 
Certain public rights-of-way are located next to venues where thousands of people assemble for events, creating significant demand for limited sidewalk space on event days, including, but not limited to, sidewalks located next to red curbs for emergency vehicles, pedestrians entering and exiting buildings, and motor vehicles dropping off and picking up passengers; and
(7) 
Certain public rights-of-way are located next to schools, places of worship, hospitals, police stations, jails, fire stations, public transit facilities, or industrial facilities protected by Penal Code Sections 552—555.5, which require additional restrictions on sidewalk vending; and
(8) 
Certain public rights-of-way are located in public parks and exclusively zoned residential areas which are not considered commercial areas and require additional restrictions on sidewalk vendors; and
(9) 
It is necessary for the City Council to adopt a well-regulated Sidewalk Vendor Program to balance the competing uses of public rights-of-way in order to protect the health, safety and welfare of the general public; and
(10) 
Nothing in this Sidewalk Vendor Program shall be construed to prohibit the prosecution of sidewalk vendors who fail to comply with other provisions of law not preempted by Government Code Sections 51036—51039, including, but not limited to, trespassing, failing to pay taxes, selling counterfeit merchandise, selling food in violation of the Health and Safety Code, and operating from a sidewalk located within five hundred feet of a freeway ramp in violation of the Vehicle Code.
(Ord. 23-17 9-12-23)
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.
"Public rights-of-way"
means a sidewalk or other pedestrian path.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"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)
(1) 
Residential Zones. Stationary sidewalk vendors shall not operate in any area that is zoned exclusively residential. Roaming sidewalk vendors may operate in exclusively zoned residential areas only between the hours of nine a.m. and six p.m.
(2) 
Mixed Residential Zones. Sidewalk vendors may operate in mixed residential zones only between the hours of nine a.m. and eight p.m.
(3) 
All Other Zones. Sidewalk vendors may operate in all other zones only between the hours of eight a.m. and eleven p.m.
(4) 
Accessibility. Sidewalk vendors shall not operate in a manner that reduces the width of a public right-of-way to less than the minimum standards required by Federal and state accessibility laws, as modified from time to time. Sidewalk vendors shall not operate in a manner that impedes access to entrances or exits of abutting properties, mailboxes, parking meters or pay stations, utilities, driveways, alleys, hydrants, crosswalks, ramps intended for use by disabled persons, public transit stations, rail crossings, bus stops, loading/unloading zones, parking spaces, and any location which law enforcement or emergency services personnel require unimpeded access to.
(5) 
Sidewalk vendors shall not operate within ten feet of any of the following: driveways, alleys or hydrants; crosswalks, street corners, traffic signals, or controlled intersections; public transit stations, rail crossings, or bus stops; loading/unloading zones; parking spaces or ramps intended for use by disabled persons.
(6) 
Sidewalk vendors shall not operate within one hundred feet of any police station, school (K-12), place of worship, hospital, courthouse, jail, fire station, cemetery, or any facility identified in Penal Code Section 554, during the facility's hours of operation.
(7) 
Stationary sidewalk vendors shall provide a trash receptacle for customers and maintain a clean and trash-free area within ten feet of their location, during their hours of operation. Stationary sidewalk vendors shall separate and recycle all recyclable materials in their trash receptacles.
(8) 
Sidewalk vendors shall not vend to customers in vehicles unless the vehicle is lawfully parked.
(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)
(1) 
Stationary sidewalk vendors shall not operate in any park if there is an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. The Permits and Licensing Committee or enforcement officer shall inform sidewalk vendors of any such agreement.
(2) 
Hours of Operation. Sidewalk vendors may only operate in a park when the park is open to the public.
(3) 
Sidewalk vendors operating in a park may only use the public right-of-way. Sidewalk vendors shall not operate on the grass, soccer fields, basketball courts, playground areas, or any other activity areas. Sidewalk vendors shall not use, as part of their operations, any tables, benches or other park equipment provided by the City for the public's use and enjoyment.
(4) 
Special Events. Sidewalk vendors shall not operate within five hundred feet of any area in a park which is used for a special event, including, but not limited to, community day events, festivals, and Farmers Markets, unless they obtain a separate permit from the City to operate during that special event, or the organizer of the special event authorizes the sidewalk vendor to participate in the special event.
(Ord. 23-17 9-12-23)
(a) 
A violation of this Article by a sidewalk vendor who has a valid sidewalk vending permit from the City is punishable only by an administrative fine not exceeding the following:
(1) 
One hundred dollars for the first violation.
(2) 
Two hundred dollars for a second violation within one year of the first violation.
(3) 
Five hundred dollars for each additional violation within one year of the first violation.
(4) 
The City may rescind a permit issued to a sidewalk vendor upon the fourth or any subsequent violation.
(b) 
A person engaged in sidewalk vending without a valid City permit is punishable only by an administrative fine not exceeding the following:
(1) 
Two hundred fifty dollars for a first violation.
(2) 
Five hundred dollars for a second violation within one year of the first violation.
(3) 
One thousand dollars for each additional violation within one year of the first violation.
(c) 
Failure to pay an administrative fine shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
(d) 
A violation of this Article shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.
(e) 
A person receiving an administrative citation may request a hearing pursuant to Section 11-96.8. The administrative hearing shall be conducted in accordance with Chapter 11, Article 11.4 of this Code. When assessing an administrative fine pursuant to this Section, the hearing officer shall take into consideration the person's ability to pay the fine. The City shall provide the person with notice of the person's right to request an ability-to-pay determination and shall make available instructions or other materials requesting an ability-to-pay determination. The person may request an ability-to-pay adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the City shall accept, in full satisfaction, twenty percent of the administrative fine imposed pursuant to this Section.
(Ord. 23-17 9-12-23)
(a) 
The City may impound equipment, food, or merchandise (collectively "items") from a sidewalk vendor as follows:
(1) 
The items are being used or sold in violation of Federal or state laws or regulations, including, but not limited to, selling counterfeit merchandise, selling alcohol, tobacco, cannabis, vaping products or paraphernalia, selling food without a permit from the Department of Public Health, selling live animals, selling stolen merchandise.
(2) 
The sidewalk vendor does not possess a valid business tax certificate pursuant to Section 8-2 or a valid permit pursuant to Section 8-163, and refuses to comply with an enforcement officer's instructions to remove the items from the public right-of-way.
(3) 
A permitted sidewalk vendor is vending in violation of any provision of Sections 8-164 or 8-165 and refuses to comply with an enforcement officer's instructions to move the items to an acceptable location/distance or remove the items from the public right-of-way so as to be in compliance with the applicable provision.
(4) 
The items are left unattended or are abandoned.
(b) 
Items impounded as evidence of a crime shall be stored and released in accordance with the procedures set forth in the Penal Code and any other applicable state law. Items otherwise impounded shall be stored and released as follows:
(1) 
The enforcement officer shall provide the person from whom property was taken with a receipt and instructions for the retrieval of the property. The receipt and instructions shall either be given to the person from whom the property was taken at the time the enforcement officer obtains the property or immediately mailed, by first-class mail, to the person from whom the property was taken, if the person's name and contact information are provided to the enforcement officer.
(2) 
The receipt and instructions shall notify the person from whom the property was taken that the property must be claimed within ninety days after the enforcement officer obtains possession or the property will be disposed of in accordance with state law. Notwithstanding the foregoing, the City may immediately dispose of impounded items that are perishable or raise health and safety concerns.
(3) 
If the owner or person responsible for unattended or abandoned items cannot be identified, or if a person refuses to provide identification for the issuance of an administrative citation, the enforcement officer shall document the date, time period and location the items were observed, the circumstances supporting the enforcement officer's finding that the items were unattended or abandoned, any reasonable attempt to locate the owner of such items, including refusal to provide identification, a complete description of such items, including any items that were immediately disposed of because they were perishable or raised health and safety concerns. This document shall be maintained by the City with any impounded property. The impounded items must be claimed within ninety days after the enforcement officer obtains possession or the items will be disposed of in accordance with state law.
(4) 
A person whose property is impounded pursuant to this Section may request an administrative hearing within thirty days of impound by the City. The administrative hearing shall be conducted in accordance with Chapter 11, Article 11.4 of this Code and may be held at the same time as the administrative hearing on any related administrative citation issued under this Article.
(5) 
The City Manager or Department charged with enforcing this Article may develop additional regulations for the storage and release of impounded items.
(Ord. 23-17 9-12-23)