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 West Hollywood.
means the Director of Public Works or his or her designee.
means a public park owned or operated by the city.
means any natural person, firm, association, organization,
partnership, joint venture, business trust, corporation, or company.
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 pedestrian travel.
refers to commercial activity conducted by a 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 sidewalk within
the city.
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 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.
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.
(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.:
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.
(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:
(Ord. 19-1070U § 2, 2019)
