For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"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 West Hollywood.
"Director"
means the Director of Public Works or his or her designee.
"Park"
means a public park owned or operated by the city.
"Person"
means any natural person, firm, association, organization, partnership, joint venture, business trust, corporation, or company.
"Roaming sidewalk vendor"
means a sidewalk vendor who operates by traveling from place to place and stops only to complete a transaction.
"Sidewalk"
means a public sidewalk or paved pedestrian path specifically designed for pedestrian travel.
"Sidewalk vending"
refers to commercial activity conducted by a sidewalk vendor.
"Sidewalk vendor" or "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 sidewalk within the city.
"Special event permit"
means a permit issued for the temporary use of, or encroachment on, a sidewalk or other public area, including a temporary license issued pursuant to Section 5.08.020 and a special event permit issued pursuant to Chapter 19.55 of this code.
"Stationary sidewalk vendor"
means a sidewalk vendor who operates from a fixed location.
"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.
(Ord. 19-1070U § 2, 2019)
No person shall engage in sidewalk vending without first obtaining a business license pursuant to Chapter 5.08 and this chapter.
(Ord. 19-1070U § 2, 2019)
a. 
An application for a sidewalk vending license shall include the following information:
1. 
The applicant's name, current mailing address, and telephone number;
2. 
A copy of a valid California driver's license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by Government Code Section 51038(c)(4);
3. 
If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;
4. 
A description of the merchandise to be offered for sale and any vending equipment to be used (including the dimensions of carts or other conveyances);
5. 
A copy of a valid California Department of Tax and Fee Administration seller's permit, as required;
6. 
If a vendor of food, proof of all required approvals from the Los Angeles County Department of Public Health;
7. 
The results of a fingerprinting background check using a form furnished by the city;
8. 
A description, map, or drawing of the location(s) in which the applicant proposes to operate;
9. 
A statement of the days and hours of proposed vending operations, and whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
10. 
Proof of comprehensive general liability insurance with minimum policy limits of one million dollars ($1,000,000.00) per occurrence, combined single limit coverage, and two million dollars ($2,000,000.00) in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the city as an additional insured;
11. 
An agreement by the applicant to indemnify and hold harmless the city, its officers and employees, for any damage or injury caused to the city as a result of the sidewalk vending conduct or activity;
12. 
The applicant's certification that, to his or her knowledge and belief, the information contained in the application is true; and
13. 
Such other information as the Director deems necessary for the administration or enforcement of this chapter as specified on the required application form.
b. 
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.
(Ord. 19-1070U § 2, 2019)
a. 
Applicants will be notified in writing of the Director's decision to approve or deny an application for a sidewalk vending license. If an application is denied, the reasons for denial will be set forth in the written notice.
b. 
An application may be denied on the following grounds:
1. 
The proposed vending location encroaches on a public sidewalk without maintaining an unobstructed pedestrian access route as specified in Section 5.122.080(d)(5).
2. 
The proposed vending operation, including the equipment to be used by the vendor, fails to comply with all applicable health, zoning, fire, building and safety laws of the State of California or of the City of West Hollywood.
3. 
The applicant has knowingly made a false, misleading, or fraudulent statement of material fact in the application.
4. 
The applicant does not possess all state and local permits necessary for the proposed operations.
5. 
The applicant has had a license issued pursuant to this chapter revoked within the preceding twelve months.
6. 
The application meets any grounds for denial under Section 5.08.080.
7. 
The applicant is indebted to the city for any unpaid fee or fine.
(Ord. 19-1070U § 2, 2019)
a. 
A sidewalk vending license shall be valid for one year after the date of issuance, unless it is revoked prior to that date in accordance with the provisions of this chapter.
b. 
Each sidewalk vendor who seeks to renew a license pursuant to this chapter shall submit a renewal application on a city-approved form and tender any applicable fees to the Director no later than thirty calendar days prior to the expiration of the vendor's current license. Unless timely renewed, any license issued pursuant to this chapter shall expire and become null and void at the end of its term.
c. 
An application to renew a license issued pursuant to this chapter may be denied by the Director upon the grounds set forth in Section 5.122.040.
(Ord. 19-1070U § 2, 2019)
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. 19-1070U § 2, 2019)
A sidewalk vending license shall not be required for the following activities:
1. 
Commercial activity conducted in accordance with a temporary license issued pursuant to Section 5.08.020 of this code;
2. 
Events conducted in accordance with a special event permit, including, but not limited to, a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
(Ord. 19-1070U § 2, 2019)
a. 
No sidewalk vendor shall operate in the following locations:
1. 
Any public property, including, without limitation, streets, alleys, and city-owned parking structures, except on a public sidewalk;
2. 
Within one block of a certified farmers' market or a swap meet, during the limited operating hours of these events;
3. 
Within one block of an area designated for a special event permit for the limited duration of the permitted event. Any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the city's special event permit will also be furnished to a sidewalk vendor permitted to operate in the area.
4. 
Within one block of any public or private school grounds, between the hours of 8:00 a.m. and 5:00 p.m., on days that school is open to students;
5. 
In the specified sections of the following streets between the hours of 8:00 p.m. and 2:00 a.m.:
A. 
Santa Monica Boulevard.
i. 
North side of street:
(a) 
Between Robertson Boulevard and Palm Avenue;
(b) 
Between Laurel Avenue and Hayworth Avenue.
ii. 
South side of street:
(a) 
Between Robertson Boulevard. and San Vicente Boulevard;
(b) 
Between Laurel Avenue and Edinburgh Avenue.
B. 
Sunset Boulevard. Between San Vicente Boulevard and Doheny Drive.
C. 
Robertson Boulevard. East side of street, within four hundred feet south of Santa Monica Boulevard.
D. 
Melrose Avenue. Within one hundred feet of the corner of Huntley Drive and Melrose Avenue.
6. 
In the specified sections of Santa Monica Boulevard on Sundays, between 12:00 p.m. and 2:00 a.m.:
A. 
North side of street:
i. 
Between Robertson Boulevard and Palm Avenue.
B. 
South side of street:
i. 
Between Robertson Boulevard and San Vicente Boulevard.
7. 
Anywhere within the boundaries specified below on the days of the LA Pride Festival and Parade and the West Hollywood Halloween Carnival:
A. 
Any east-west flowing street located south of Sunset Boulevard.
B. 
Any north-south flowing street between and including Doheny Drive and La Brea Avenue.
8. 
Within twenty-five feet of any on-street valet loading zone, any city-designated passenger loading zone, or any taxicab stand;
9. 
On or within any roadway, median strip, or dividing section;
10. 
On private property without the consent of the property owner and a city-issued permit; or
11. 
Within two hundred feet of another vendor.
b. 
Stationary sidewalk vendors shall not operate in residential zones or in any park for which the city has entered an exclusive concessionaire agreement; they may only operate at the location(s) designated in a license issued pursuant to this chapter and only during the times set forth therein.
c. 
Roaming sidewalk vendors shall not operate within residential zones between the hours of 8:00 p.m. and 9:00 a.m., and shall not operate on any city block for more than one hour in any fourhour period.
d. 
All sidewalk vendors are subject to the following requirements:
1. 
Maintain and ensure compliance with all state and local permits necessary for the proposed vending operation;
2. 
Keep the information furnished to the city under Section 5.122.030(a) current;
3. 
Carry a license issued pursuant to this chapter at all times when operating in the city, and present the license for inspection at the request of any city staff member or law enforcement officer;
4. 
Food vendors shall display a city-issued Food Vendor Registration Decal on their carts or other vending equipment so as to be plainly visible by code enforcement officers;
5. 
Maintain an unobstructed pedestrian access route at sidewalk vending locations that is clear of any vending equipment or public obstructions including, but not limited to, street trees, news racks, bus benches, and curb lines. The minimum width of unobstructed routes must be suitable for the width of the sidewalk.
A. 
Four feet when the sidewalk is no greater than thirteen feet wide;
B. 
Six feet when the sidewalk is greater than thirteen feet but no greater than seventeen feet wide; and
C. 
Eight feet when the sidewalk is greater than seventeen feet wide.
D. 
Umbrellas used in connection with vending operations may project into the minimum required pedestrian clearance as long as the bottom edge of the umbrella is at least seven feet from the surface of the sidewalk.
6. 
Ensure that vending operations are not blocking the entrances to any buildings, driveways, or vehicle parking spaces;
7. 
Ensure that equipment used in connection with sidewalk vending operations are not stored or left unattended in public spaces or in any portion of the public right-of-way. (Equipment or objects left in public spaces or in the public right-of-way overnight, or outside the hours of permitted vending operations, will be considered discarded and may be seized or disposed of by the city);
8. 
Ensure that signs, tables, chairs, shade structure, fences, or other furnishings not approved for use in a sidewalk vending license are not used in vending operations;
9. 
Do not use any horns, music, lights, visual media, or any sound amplifying device unless expressly approved in the vending license;
10. 
Do not sell or offer for sale lottery tickets, alcohol, cannabis, adult oriented material, tobacco or electronic cigarette products, or any living animal;
11. 
Do not operate in the city between 2:00 a.m. and 6:00 a.m.;
12. 
Do not use or attach any water lines, electrical lines, or gas lines during vending operations;
13. 
Do not affix, lean, or touch any sidewalk vending equipment to, on, or against any street fixture or structure, including, but not limited to, utility posts, bus shelters, public trash cans, parking meters, or street signs;
14. 
Ensure that sidewalk vending equipment does not physically alter or otherwise damage the underlying sidewalk;
15. 
Do not solicit any individual who has expressed a desire not to be solicited;
16. 
Do not come into physical contact with any member of the public, without first receiving express permission;
17. 
Do not threaten any injury or damage to any member of the public who declines to be solicited;
18. 
Comply with all applicable food labeling requirements established by the State of California and all requirements of the West Hollywood Health Code;
19. 
Maintain vending operations in sanitary condition, including ensuring proper disposal of any trash produced as a result of said operations. (Vendors must operate with their own trash containers to allow the proper disposal of trash, food, or liquids generated by their operations.); and
20. 
Cease vending operations in any park one hour prior to park closure.
(Ord. 19-1070U § 2, 2019; Ord. 19-1080 § 1, 2019)
A sidewalk vendor license may be revoked after the licensee is afforded written notice and an opportunity to be heard respecting a citation for the licensee's fourth or subsequent violation of the requirements set forth in this chapter.
(Ord. 19-1070U § 2, 2019)
a. 
Any person aggrieved by a decision denying or revoking a license pursuant to this chapter may appeal the Director's decision by filing a written appeal to the Business License Commission of the City of West Hollywood (the "Commission"). Appeals must be filed within fifteen business days after notice of the Director's decision has been mailed to the applicant's address. Commission hearings will be held in the manner set forth in Section 5.08.070. A timely appeal will stay the enforcement of any decision to revoke a license.
b. 
Commission decisions may be appealed to the City Council pursuant to Section 5.08.220. Hearing procedures and actions on an appeal will be in the manner set forth in Sections 5.08.230 and 5.08.240. The decision of the City Council shall be final.
(Ord. 19-1070U § 2, 2019)
a. 
A violation of this chapter is not punishable as an infraction or misdemeanor, and no person will be subject to arrest for sidewalk vending unless said person has violated a law for which a person may be arrested.
b. 
A violation of this chapter is punishable only by an administrative fine according to a fee schedule adopted by resolution of the City Council.
c. 
Notwithstanding any other provision of this code, failure to pay an administrative fine assessed under this section is not punishable as an infraction or misdemeanor, and additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed.
(Ord. 19-1070U § 2, 2019)
a. 
When assessing an administrative fine under this section, the city will take into consideration a person's ability to pay the fine.
1. 
Any fine issued under this section 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(b). The city may also take the following actions:
1. 
Allow the person to complete community service in lieu of paying the total administrative fine; or
2. 
Waive the administrative fine; or
3. 
Offer an alternative disposition.
(Ord. 19-1070U § 2, 2019)