The purpose of this Chapter is to establish a Sidewalk Vendor
Permitting and Regulatory Program. The provisions of this Chapter
allow the City to encourage small business activities by removing
total prohibitions on Sidewalk Vending and providing regulation and
enforcement of unpermitted Sidewalk Vending Activities to protect
the public's health, safety and welfare.
A.
The
City Council hereby finds that, to promote the health, safety and
welfare, restrictions on sidewalk vending are necessary in part to:
1.
Ensure
no interference with the performance of public safety officers including,
police, firefighter, lifeguard, security and emergency medical personnel
services.
2.
Ensure
no interference with 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.
3.
Ensure
no interference with barriers (bollards, vehicles, cement or water)
designed to stop vehicles and prevent injury to people.
4.
Provide
reasonable access for Sidewalk Vending Activities in portions of the
City while preserving the use and maintenance of sidewalks, Pathways,
poles, posts, traffic signs or signals, hydrants, restrooms, trash
receptacles, firefighting apparatus, mailboxes, public benches and/or
planters, as well as access to locations used for public transportation
services.
5.
Reduce
exposure to the City for personal injury or property damage claims
and litigation.
6.
Ensure
the safe sale of Food and Merchandise in the public right-of-way,
by providing the public a simple way to ensure Sidewalk Vendors prepare
Food safely and according to Orange County Department of Public Health
requirements.
7.
Prevent
unsanitary conditions and ensure trash and debris in the areas vending
is taking place are removed by Sidewalk Vendors.
8.
Ensure
that visibility, sight lines, and accessibility for vehicular and
pedestrian traffic on sidewalks and other rights of way are protected
while accommodating Sidewalk Vendor equipment.
9.
Protect
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.
10.
Ensure reasonable access for the use and maintenance of sidewalks,
Pathways, poles, posts, traffic signs or signals, hydrants, restrooms,
trash receptacles, firefighting apparatus, mailboxes, public benches
and/or planters, as well as access to locations used for public transportation
services.
11.
Mitigate the impacts of Sidewalk Vending Activity and protect the
unique characteristics of the City including to maximize public access
to and along the coast.
12.
Prevent people from "camping," thus creating unsanitary conditions.
B.
The
City Council hereby finds that the unique characteristics of the City
require certain restrictions on Sidewalk Vending Activities as follows:
1.
The
City Council finds that the existence in the City of Sidewalk Vendors
seek and do draw patrons to their Food and Merchandise. This can create
serious safety problems by impacting the ability of pedestrians to
move safely on sidewalks and through cross walks and impeding the
response time of safety personnel, particularly in Downtown Huntington
Beach, at the Beach, at City Parks and in residential areas. Sidewalk
Vendors can also impact access to and egress from businesses. This
Chapter imposes reasonable time, place, and manner restrictions on
Sidewalk Vendors to the extent necessary to ensure the safety of Sidewalk
Vendors, their patrons, the general public and to prevent unreasonable
interference with residents' enjoyment of peace and quiet in the City.
2.
The
Civic Center contains the City's emergency operation center, the headquarters
for the Fire Department, and other critical infrastructure. Restrictions
on Sidewalk Vending Activity are necessary to ensure that fire equipment
is easily accessible and critical infrastructure is maintained and
accessible at all times.
3.
City
parks provide passive and active recreational opportunities, and restrictions
on Sidewalk Vending Activity are necessary to protect the natural
resources, recreational and sport opportunities, as well as scenic
and natural character of these parks.
4.
The
City seeks to preserve the peace and quiet of the Residential Zones
of the City, by prohibiting commercial activities such as Sidewalk
Vendors.
5.
Many
of the Sidewalks and Pathways in the City are under eight feet wide
or less, and Sidewalk Vending Activity in these areas would unreasonably
interfere with the flow of pedestrians and disrupt access for persons
with disabilities.
(4179-6/19)
Whenever any words or phrases used herein are not defined, but
are defined in the California Vehicle Code, such definitions shall
apply, including for the definitions of Business District, Highway,
Road, Sidewalk, and Street. If a term or phrase is not defined in
this part, or elsewhere in this Code, the most common dictionary definition
is presumed to be correct.
means that strip of land owned and/or operated by the City of Huntington Beach, south of Warner Avenue, lying between Pacific Coast Highway and the mean high tide line of the Pacific Ocean. "Beach" also includes the Adjacent Beach Area as defined at Section 13.08.005.
means the roads, driveways or parking area to service the
Beach, the Pier and Pier Plaza, excluding those areas located on a
street or highway.
means the paved roadway on the Beach that extends from Beach
Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway
nearest to the shoreline of the Pacific Ocean.
means a push cart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other non-motorized conveyance used for Sidewalk
Vendor Activity.
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, or any
successor Chapter.
means any building and the abutting parking lot(s) which
is owned or occupied by the City of Huntington Beach or any of its
Departments and which is used for public purposes.
means all property owned or controlled by the City, including,
but not limited to, buildings, libraries, alleys, beaches, boardwalks,
parks, pathways, streets, parking lots, sidewalks, and walking trails.
means the area in the City of Huntington Beach, County of
Orange bounded by Lake Street on the east, Yorktown Avenue to the
north, Main Street on the west, Utica Avenue on the south, and Park
Street on the east and south between Utica Avenue and Lake Street.
means Districts 1, 2, and 3 of the Huntington Beach Downtown
Specific Plan, which are depicted below:
 |
 |
 |
means any facility where fire engines and other equipment
of the City Fire Department are housed.
means any item provided in Health and Safety Code Section
113781, or any successor section.
means any and all lifeguard facilities located at the Beach.
means both medical marijuana and non-medical marijuana.
means any tangible personal property that can be sold and
immediately obtained from a Sidewalk Vendor, excluding Food. Items
for rent shall not be considered Merchandise. Merchandise excludes
any Service.
means any leased parking lot, structure, facility or area located outside of the public right-of-way that the City owns or operates pursuant to Chapter 10.50 for paid parking of vehicles, regardless of the method of payment, including but not limited to parking attendants, meters, or otherwise.
means each and every park recreation center, lake, pond or
other body of water, riding and hiking trail, parking lot and every
other recreation facility owned, managed and/or controlled by the
City and under the jurisdiction of the Director of Community Services.
There are two types of Parks:
"Active Parks"
contain one or more sporting fields or actively encourage
physical activity.
"Passive Parks"
are typically less developed than an active park, but may
contain features such as walking tracks, gardens, seating, barbecues,
and picnic areas. They do not usually contain sports infrastructure
or encourage strenuous physical activity, although they may contain
playground equipment.
means that portion of a public street which is not improved
for actual street, curb, gutter, or sidewalk use, and which is available
for planting, landscaping, and maintaining street trees.
means a paved path or walkway owned by the City or other
public entity that is specifically designed for pedestrian travel,
other than a sidewalk.
means and includes all domestic and foreign corporations,
associations, syndicates, joint stock corporations, partnerships of
every kind, clubs, Massachusetts Trust, business or common law trusts,
societies, and individuals transacting and carrying on any business
in the City.
means the appurtenance beginning at the intersection of Pacific
Coast Highway and Main Street on the Beach, which is a platform extending
into the Pacific Ocean and supported by piles or pillars.
means the developed area immediately north and south to the
Pier, and bounded by Pacific Coast Highway and the Beach Parking Lots.
means any facility where police vehicles and other equipment
of the City Police Department are housed.
means any area zoned or used exclusively as residential in
Huntington Beach.
means a Sidewalk Vendor who moves from place-to-place and
stops only to complete a transaction.
is any form of labor that does not require the transfer of
tangible personal property.
means that portion of a highway, other than the roadway,
set apart by curbs, barriers, markings or other delineation specifically
designed for pedestrian travel and that is owned by the City or other
public entity, excluding any Parkway.
means a person(s) who sells Food or Merchandise from a Cart
or from one's person, upon a Sidewalk, Pathway or Park.
means actions that qualify a person as a Sidewalk Vendor
or actions done in anticipation of becoming a Sidewalk Vendor such
as, but not limited to, placement, or maintenance of any Cart.
means any event permitted pursuant to Section 13.10.050 of the Municipal Code.
means any event permitted pursuant to Chapter 13.54 of the Municipal Code.
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.
(4179-6/19)
A.
No
Person, either for themselves or any other Person, shall engage in
any Sidewalk Vendor Activities within the City without first applying
for and receiving a Sidewalk Vendor Permit from the Chief Financial
Officer.
B.
A written
application for a Sidewalk Vendor Permit shall be filed with the Chief
Financial Officer on a form provided by the City. Such application
shall be accompanied by a nonrefundable application fee in such amount
as established by Resolution of the City Council. Any such permit
shall be required to be renewed annually in conjunction with the Business
License and a separate nonrefundable application fee paid yearly for
such renewal application. Sidewalk Vendor Permit(s) are non-transferable
and any change in ownership or operation of Cart requires a new permit.
C.
The
written application shall provide an address where the applicant consents
to receive service of process. An acceptable address for this purpose
shall include a post office box or private mailbox that complies with
paragraph (2) of subdivision (b) of Business & Professions Code
Section 17538.5.
(4179-6/19)
A.
The
Chief Financial Officer may issue the Sidewalk Vendor Permit if he
or she finds based on all of the relevant information that:
1.
The
conduct of the Sidewalk Vendor will not unduly interfere with traffic
or pedestrian movement, or interfere with or endanger the public health,
safety or general welfare or encourage loitering.
2.
The
conduct of the Sidewalk Vendor will not unduly interfere with normal
governmental or City operations, threaten to result in damage or detriment
to public property, or result in the City incurring costs or expenditures
in either money or personnel not reimbursed in advance by the Sidewalk
Vendor.
3.
The
conduct of such Sidewalk Vending Activity will not constitute a fire
hazard.
4.
The
Sidewalk Vendor has paid all previous administrative fines, completed
all community service, and completed any other alternative disposition
associated in any way with a previous violation of this Chapter.
5.
The
Sidewalk Vendor has not had a permit revoked within the past 12 months.
6.
The
Sidewalk Vendor application contains all required information and
the Sidewalk Vendor has not made a materially false, misleading or
fraudulent statement of fact to the City in the application process.
7.
The
Sidewalk Vendor has paid the Business License Tax.
8.
The
Sidewalk Vendor's Cart and proposed Activities conform to the requirements
of this Chapter.
9.
The
Sidewalk Vendor has provided adequate insurance to protect the City
from liability associated with Sidewalk Vendor Activities, as determined
by the City Risk Manager, and the City has been named as an additional
insured on the Vendor's insurance policy.
10.
The Sidewalk Vendor has not been convicted of any felony, or conspiracy
to commit, or attempt to commit, the same, as defined by Federal or
State law.
11.
The Sidewalk Vendor has not been convicted of any misdemeanor, or
conspiracy to commit, or attempt to commit, the same, which is sexual
in nature or moral turpitude, as defined by State and/or local law.
12.
The Sidewalk Vendor has not had an individual or business permit
or license with any agency, board, city, county, territory, or state
denied, revoked, restricted, or suspended within the last five years.
13.
The Sidewalk Vendor has not been subject to an injunction for nuisance,
as defined by State or local laws, within the last five years.
(4179-6/19)
A.
If the Chief Financial Officer finds that the requirements set forth in Section 5.100.040 as applicable have not been met, he or she shall deny the application for the Sidewalk Vendor Permit. The Chief Financial Officer, shall provide written notice of such denial specifying the ground or grounds of such denial. Notice of denial of the application for the Permit shall be deemed to have been served upon the date it is personally served on the Sidewalk Vendor or when deposited in the United States mail with postage prepaid and addressed to the Sidewalk Vendor at his or her residence address as set forth in the application for the Permit.
B.
Any
Sidewalk Vendor whose application for a Sidewalk Vendor Permit has
been denied by the Chief Financial Officer may appeal such denial
to the City Manager by filing a written notice of appeal with the
Chief Financial Officer within 10 days following the date of service
of the decision and payment of the appeal fee prescribed by resolution
of the City Council. The date of filing of said notice of appeal shall
be the date the Chief Financial Officer receives the notice and appeal
fee.
C.
No
Person whose permit is finally denied shall be eligible to apply for
a new Sidewalk Vendor Permit for a period of one year following such
final denial.
(4179-6/19)
Any Sidewalk Vendor Permit may be revoked by the Chief Financial
Officer for good cause shown including but not necessarily limited
to any of the following reasons:
A.
Falsification
of any information supplied by the Sidewalk Vendor upon which issuance
of the Permit was based.
B.
Failure
of the permittee, or any employees or subcontractors of the permittee,
to comply with the regulations set forth in this Chapter.
C.
Conviction
of a violation, or plea of guilty or nolo contendere, by the Sidewalk
Vendor or any employee, subcontractor or independent contractor of
the permittee, of any Federal or State law, or municipal ordinance
while in the course of conducting Sidewalk Vending Activity from a
Cart pursuant to the Permit.
D.
Conviction
of a violation, or a plea of guilty or nolo contendere, by the Sidewalk
Vendor of any applicable provision or requirement of this section.
E.
No
Sidewalk Vendor whose permit is revoked shall be eligible to apply
for a new permit for a period of one year following such revocation.
(4179-6/19)
Upon receipt of a timely appeal, the City Manager or his or
her designated representative, shall hear such appeal within 20 days
following the date of such appeal and shall give the Sidewalk Vendor
not less than five days advance notice of the date of such hearing.
The decision of the City Manager shall be based upon the criteria
applicable to the issuance or revocation of such permit. The Sidewalk
Vendor shall be notified of the decision of the City Manager by mailed,
written notice. The decision of the City Manager shall be final. No
revocation of a permit pursuant to this section shall be deemed effective
during the pendency of a timely filed appeal until the date of mailing
of the City Manager's decision; provided, however, no permit holder
shall operate during any period of time in which the insurance coverage
required by this chapter is not in full force and effect.
(4179-6/19)
Every Sidewalk Vendor is 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
Cart or carried by the Sidewalk Vendor. Food and Merchandise shall
not be stored, placed, or kept on any public property. If affixed
to the Cart, the overall space taken up by the Cart shall not exceed
the size requirements provided in this Section.
B.
Sidewalk
Vendors may only sell Food and/or Merchandise. Sidewalk Vendors shall
not sell or provide Services.
C.
The
Business License and Vendor Permit shall be displayed conspicuously
at all times on the Cart or the Sidewalk Vendor. If multiple Sidewalk
Vendors are staffing a Cart each Person shall obtain and wear his
or her Vendor Permit on their Person in a conspicuous manner.
D.
Sidewalk
Vendors shall not leave their Cart unattended.
E.
All
signage and advertising related in any way to the Sidewalk Vendor
shall comply with the City's sign laws. Sidewalk Vendors shall not
use any electrical, flashing, wind powered, or animated sign.
F.
All
Sidewalk Vendors shall allow a police officer, firefighter, lifeguard,
code enforcement officer, health inspector, or other government official
charged with enforcing laws related to Sidewalk Vendor Activities,
at any time, to inspect their Carts for compliance with this Chapter.
G.
Carts
and any attachments thereto shall not exceed a total height of four
feet, a total width of four feet, and a total length of four feet.
H.
No
Cart shall contain or use propane, natural gas, batteries, or other
explosive or hazardous materials.
I.
Sidewalk
Vendors selling Food shall have in their possession at all times they
are conducting Sidewalk Vending Activities, all applicable State Food
vending licenses.
J.
Sidewalk
Vendors that sell Food shall maintain a trash container in or on their
Cart and shall not empty their trash into public trashcans. The size
of the Sidewalk Vendor's trash container counts as part of the size
limit of a Cart.
K.
Sidewalk
Vendors shall not leave any location without first picking up, removing,
and disposing of all trash or refuse from their operation. Sidewalk
Vendors shall immediately clean up any Food, grease or other fluid
or item related to Sidewalk Vending Activities that falls on public
property.
L.
Sidewalk
Vendors shall maintain a minimum four-foot clear accessible path for
pedestrian ingress and egress free from obstructions, including Cart
and customer queuing area.
M.
Sidewalk
Vendors shall ensure that all required insurance is in effect prior
to conducting any Sidewalk Vendor Activities and maintained for the
duration of the Permit.
(4179-6/19)
A.
Sidewalk
Vendors shall comply with all Federal, State and City laws and regulations.
B.
Cart(s)
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.
C.
Sidewalk
Vendors shall not engage in any of the following activities:
1.
Renting
Merchandise to customers.
2.
Displaying
Merchandise or Food not available for immediate sale.
3.
Selling
of alcohol, Marijuana, adult oriented material, tobacco products,
products that contain nicotine or any product used to smoke/vape nicotine
or Marijuana.
4.
Selling
Food or Merchandise to any person fifteen years of age or younger
without one or both of their parents or legal guardians present.
5.
Using
an open flame on or within any Cart.
6.
Using
an electrical outlet or power source that is owned by the City or
another person other than the Sidewalk Vendor.
7.
Conducting
Sidewalk Vending Activities anywhere in the City between the hours
of 8:00 p.m. and 7:00 a.m. daily.
8.
Providing
or selling any Service to any Person.
9.
Continuing
to offer Food or Merchandise for sale, following, or accompanying
any person who has been offered Food or Merchandise after the person
has declined the offer to purchase Food or Merchandise.
10.
Knowingly making false statements or misrepresentations during the
course of offering Food or Merchandise for sale.
11.
Blocking or impeding the path of the person(s) being offered Food
or Merchandise to purchase.
12.
Making any statements, gesture, or other communication which a reasonable
person in the situation of the person(s) being offered Food or Merchandise
to purchase would perceive to be a threat and which has a reasonable
likelihood to produce in the person(s) a fear that the threat will
be carried out.
13.
Touching the person(s) being offered Food or Merchandise without
that person(s)' consent.
14.
Advertising any product or service that is not related to the Food
or Merchandise being offered for immediate sale.
15.
Placing their Cart outside of any Pathway or sidewalk when engaging
in Sidewalk Vending Activities.
D.
Sidewalk
Vendors shall not engage in Sidewalk Vending Activities at the following
locations:
1.
Any
Residential Zone in the City.
2.
The
Beach, Beach Parking Lot, Beach Service Road, Lifeguard Facilities,
Pier, and Pier Plaza. The City Council finds that the City has permitted
restaurant and Merchandise concessions on the Beach. The area adjacent
to the Pier and Pier Plaza is highly commercial and crowded with pedestrians.
Permitting any additional Sidewalk Vending Activity would result in
an undue concentration of commercial activity at this portion of the
Beach that would unreasonably interfere with existing business, public
use of the Beach, and access to the Coast.
The remainder of the Beach, north-westerly from Pier Plaza to
a point which is 6,100 feet north-westerly of Goldenwest Street, and
which includes "Dog Beach," has virtually no commercial activity,
except Specific Events and Special Events. Routine commercial activity,
including Sidewalk Vendors is prohibited in order to preserve the
unusual beauty and view provided on this portion of the Beach.
3.
All
Parks in the City, including both Active and Passive parks. The City
Council finds that in some cases, it has permitted restaurant concessions,
such as at Huntington Beach Central Park – West Side and East
Side. Permitting any additional Sidewalk Vending Activity would result
in an undue concentration of commercial activity at Central Park that
unreasonably interferes with existing business and the use of the
Park. City Parks have unique beauty, and provide a reserve for migratory
birds and monarch butterflies. In order to preserve the unusual beauty
and view provided in these Parks, Sidewalk Vending Activity is prohibited.
Further, neighborhood, Passive and Active Parks allow for child,
youth and adult sports, family gathering, picnics and walks. These
Parks are a refuge from the commercial activities of ordinary life,
and accordingly, Sidewalk Vending Activity is prohibited.
4.
Pacific
Coast Highway with the City boundaries.
5.
Downtown
Huntington Beach. The City Council finds that the City has permitted
restaurant concessions and stationary sidewalk kiosks in Downtown
Huntington Beach. Downtown Huntington Beach is a heavily pedestrian-crowded
area. Permitting any additional Sidewalk Vending Activity would result
in an undue concentration of commercial activity at Downtown Huntington
Beach that unreasonably interferes with existing business, pedestrian
ingress and egress, the use of the Beach, and access to the Coast.
Accordingly, Sidewalk Vending Activity is prohibited in Downtown Huntington
Beach.
6.
The
Civic Center, City Building, Fire Station, Police Station, Off-Street
City Pay Parking Lot, or public property.
7.
Any
City Property that does not meet the definition of a sidewalk or pathway
including, but not limited to, any alley, beach, pier, square, street,
street end, or parking lot.
8.
A
permitted Certified Farmers' Market or Swap Meet during the limited
operating hours of that Certified Farmers' Market or Swap Meet.
9.
An
area designated for a Specific Event pursuant to a City issued permit,
during the limited duration of the Specific Event.
10.
An area designated for a Special Event pursuant to a City issued
permit, during the limited duration of the Special Event.
11.
An area designated for barriers for protection of the public.
12.
A public or private school, a place of worship, or a large or general
child day-care facility, or within 200 feet of any of the aforementioned
property.
13.
Within 100 feet of:
a.
Another Sidewalk Vendor.
b.
The intersection of a street and a Sidewalk.
c.
Any marina.
d.
The portion of any City facility that is renting Merchandise or selling
Food to the public or where the rental Merchandise is stored.
e.
Any police officer, firefighter, lifeguard or emergency medical personnel
who are actively performing their duties or providing services to
the public.
14.
Within 25 feet of a:
a.
Fire hydrant.
b.
Curb which has been designated as white, yellow, green, blue, or
red zone, or a bus zone.
c.
Automated teller machine.
d.
Driveway, alley, or entrance to a parking lot or parking garage.
e.
Entrance or exit to a building, structure or facility.
f.
Trash receptacle, bike rack, bench, bus stop, restroom, or similar
public use items.
(4179-6/19)
A.
Violations of this Chapter shall not be prosecuted as infractions or misdemeanors and shall only be subject to Administrative Citation pursuant to Chapter 1.18, except that notwithstanding Section 1.18.070, any violation of this Chapter shall be assessed administrative fines in the following amounts:
B.
If
a Sidewalk Vendor violates any portion of this Chapter and cannot
present the citing officer with proof of a valid permit, the Sidewalk
Vendor shall be assessed administrative fines in the following amounts:
1.
An
administrative fine not exceeding $250.00 for a first violation.
2.
An
administrative fine not exceeding $500.00 for a second violation within
one year of the first violation.
3.
An
administrative fine not exceeding $1,000.00 for each additional violation
within one year of the first violation.
C.
Upon proof of a valid permit issued by the City, the administrative fines set forth in Subsection 5.100.100(B) shall be reduced to the administrative fines set forth in Subsection 5.100.100(A), or any successor sections.
D.
The
Chief Financial Officer, or the Chief Financial Officer's designee,
may revoke a permit issued to a Sidewalk Vendor for the term of that
permit upon the fourth violation or subsequent violations within one
year of the first violation.
(4179-6/19)
A.
Administrative citations may be appealed pursuant to Section 1.18.120, except where the hearing officer is considering an administrative fine, he or she has the power to:
1.
Reduce
the fine based upon the person's ability to pay the fine.
2.
If
the Hearing Officer finds the person meets the criteria described
in subdivision (a) or (b) of Government Code Section 68632, or any
successor section, the Hearing Officer, shall order the City to accept,
in full satisfaction, 20% of the administrative fine imposed pursuant
to this Chapter.
3.
The
Hearing Officer may allow the person to complete community service
in lieu of paying the total administrative fine, may waive the administrative
fine, or may offer an alternative disposition.
(4179-6/19)
