The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general State law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.
(Ord. 313 § 2, 2019)
For purposes of this chapter, the following definitions apply:
"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 Lake Forest.
"Park"
means a public park owned or operated by the City.
"Roaming sidewalk vendor or vending"
means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Sidewalk"
means a portion of a street between the curbline and the adjacent property line, or an easement or right-of-way held by the city across the front of private property, and intended for the use of pedestrians.
For purposes of this chapter, "sidewalk" shall also include a paved path or walkway owned by the City that is specifically designed for pedestrian travel.
"Sidewalk vendor or vending"
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.
"Special event permit"
means a City-issued permit to hold a special event, as defined in Section 5.05.020 of this Code. Events covered under a "special event permit" shall also include City or other public agency events that would otherwise qualify as a special event but no permit is required by the City.
"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. 313 § 2, 2019)
A. 
All sidewalk vendors shall obtain a sidewalk vending permit from the City Public Works Department prior to engaging in any sidewalk vending activities. The following information shall be required:
1. 
Name, current mailing address, and phone number of the vendor; and
2. 
If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and
3. 
If the vendor will have employees, the name(s), current mailing address(es), and phone numbers of the person(s) who will be employed as stationary or roaming sidewalk vendor(s); and
4. 
The number of sidewalk vending operations the vendor intends to operate within the City; and
5. 
The days and hours of operation the sidewalk vendor intends to operate; and
6. 
Whether the vendor intends to operate as a stationary or roaming sidewalk vendor; and
7. 
If applicable, a description of the type of food proposed to be offered for sale or exchange; and
8. 
If applicable, a description of the merchandise/goods to be offered for sale or exchange; and
9. 
A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and
10. 
A copy of the vendor's social security card with the number; or
a. 
A copy of the valid California driver's license issued to the vendor; or
b. 
A copy of the individual taxpayer identification number issued to the vendor; or
c. 
A municipal identification number.
i. 
Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.
11. 
If preparing or selling food, a copy of the Orange County Health Department permit issued to the vendor; and
12. 
A description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of thirty-six inches (36") of accessible route area when considering the vendor equipment and anticipated customer queue, in compliance with the Americans with Disabilities Act; and
13. 
A copy of an encroachment permit issued by the City pursuant to Chapter 14.08 of the Lake Forest Municipal Code; and
14. 
A copy of general liability policy naming the City as additional insured in the amount of one million dollars ($1,000,000.00); and
15. 
An acknowledgement that the vendor will comply with all generally applicable local, state, and federal laws; and
16. 
A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true; and
17. 
An agreement by the vendor to indemnify, defend (at the vendor's sole cost and expense), and hold the City of Lake Forest, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance or failure to issue a sidewalk vending permit, the City's decision to approve or its refusal to approve the sidewalk vending permit, the operation of the sidewalk vending use and activity, and the process used by the City in making its decision. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or brining such proceeding; and
18. 
An acknowledgement that use of public property is at the vendor's own risk, and the City does not take any steps to ensure public property is safe or conducive to sidewalk vending operations; and
19. 
A list of all other cities or other jurisdictions in which the vendor has operated a sidewalk vending operation or similar operation within the past 12 months, whether a permit was required to operate, and if so, whether the permit had been revoked in the past 12 months.
B. 
At the time the application or renewal application is filed, the applicant shall pay the permit processing fee established by separate resolution of the City Council.
(Ord. 313 § 2, 2019; Ord. 385, 2/17/2026)
A. 
Upon acceptance of a properly completed and filed sidewalk vendor permit application and receipt of an acceptable LiveScan report issued by the Department of Justice, the Public Works Director, or his or her designee, shall conduct a preliminary investigation to determine compliance with this chapter and shall make such determination within no more than 30 days of acceptance to approve or deny the application. The Public Works Director, or his or her designee, shall provide the applicant with written notice of his or her decision to the address indicated in the application.
B. 
The Public Works Director, or his or her designee, shall deny an application for a permit if he or she makes any of the following findings:
1. 
The applicant has failed to pay the application permit fee.
2. 
The applicant has made one or more material misstatements in the application for a permit.
3. 
The applicant does not have a valid social security card or valid California Driver's license; or valid individual taxpayer identification number; or a municipal identification number.
4. 
The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter.
5. 
The applicant is required to register under the provisions of California Penal Code Section 290.
6. 
Within three years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three years of the date of the application.
7. 
It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.
8. 
The applicant has had a sidewalk vending permit or similar permit revoked within the past 12 months in the City or any other jurisdiction.
C. 
If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.
D. 
If the Public Works Director, or his or her designee, approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.
E. 
Exemptions. A sidewalk vending permit shall not be required for the following activities:
1. 
The sale of agriculture products on the site where the product is grown.
2. 
Catering for private parties held exclusively on private property and not open to the general public.
3. 
Events permitted pursuant to a lawfully issued special events permit including, but not limited to, a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
F. 
Term of Permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit.
G. 
Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.
H. 
Possession of Permit. A sidewalk vending permit must be kept on the permit holder and any other individuals staffing the operation at all times while they are engaged in sidewalk vending. This permit does not need to be displayed, but it must be presented upon request from any City official to verify the validity of the permits.
(Ord. 313 § 2, 2019; Ord. 385, 2/17/2026)
A. 
Sidewalk vendors shall meet all of the following requirements:
1. 
The sidewalk vendor is duly licensed and meets all requirements of Section 5.17.030; and
2. 
The sidewalk vendor can set up their vending operation while still leaving a minimum of 36 inches of accessible path of travel, without obstruction from the vendor equipment and the customer queue, along the public sidewalk or public pathway; and
3. 
The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and
4. 
The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending vehicle; and
5. 
Prior to leaving the vending area, the sidewalk vendor shall collect all litter and debris within 10 feet of the vendor that was generated by the vending activities; and
6. 
There shall be no disposal of cooking material or waste, including, but not limited to, used oil, into the City's trash receptacles, storm drains, plant material, or foliage. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls onto public property; and
7. 
The sidewalk vendor location shall not block entrances to private or public buildings, private or public driveways, parking spaces or building windows; and
8. 
No vending shall occur within 10 feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and
9. 
No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors vending activities; and
10. 
The sidewalk vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and
11. 
Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and
12. 
The sidewalk vendor shall not store, place, or keep any food or merchandise on public property; and
13. 
The sidewalk vendor shall not display any signage on public property; and
14. 
No signage or advertising related to the sidewalk vendor and/or the vending operations shall be electrical, flashing, wind powered, or animated; and
15. 
The sidewalk vendor shall possess any and all required business and health licenses and permits while engaging in vending operations and present them to City officials upon request; and
16. 
The sidewalk vendor shall remit all required and applicable taxes to the applicable taxing agencies; and
17. 
No vending shall occur within 500 feet of a certified farmers' market, a swap meet, or an event held pursuant to a special events permit; and
18. 
The sidewalk vendor shall not leave his or her sidewalk vending operation unattended to solicit business for the vending operation; and
19. 
No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way beyond the allowed hours of operation. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the City; and
20. 
The sidewalk vendor shall not contain or use propane, natural gas, batteries, or other explosive or hazardous materials. The vendor shall not use an open flame for the sidewalk vending operation; and
21. 
The sidewalk vendor shall not sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana; and
22. 
No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of 30 feet from the intersection of such lines at the corner of a street or highway; and
23. 
No vending shall occur within 500 feet of private or public academic school attended by elementary, junior high, or high school pupils; and
24. 
No vending shall occur within three feet of any street lights, edges of tree wells, parking meters, or above-ground utility structures; and
25. 
No vending shall occur within two feet of any existing subsurface utility box, valve, or vault; and
26. 
No vending shall occur within two feet of another vendor; and
27. 
No vending shall occur at bus stop locations, red curbs, or at locations where there are existing above-ground amenities such as newsstands or street furniture, including, but not limited to, benches and bike racks; and
28. 
No vending shall occur in roadways, medians, pedestrian islands, or bikeways; and
29. 
No vending shall occur within 20 feet of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly; and
30. 
No vending shall occur with 200 feet of City Hall, any police station, or any fire station.
(Ord. 313 § 2, 2019; Ord. 385, 2/17/2026)
A. 
Stationary sidewalk vendors shall be prohibited from operating or establishing in any and all exclusively residential zones of the City.
B. 
Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, provided they meet the requirements of Section 5.17.045.
C. 
Stationary sidewalk vending shall only be conducted no earlier and no later than the hours of operation of businesses on the same street. If no businesses operate on the same street, stationary sidewalk vendors operating in non-residential zones of the City shall only operate between the hours of 8:00 a.m. and 6:00 p.m. of every day.
(Ord. 313 § 2, 2019)
A. 
Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling food or merchandise.
B. 
Subject to Section 5.17.050(A), sidewalk vendors may operate in City Parks provided they meet all of the requirements in Section 5.17.045. Notwithstanding the foregoing, sidewalk vending of food or merchandise by roaming or stationary vendors shall be prohibited at Veterans Park and Etnies Skatepark.
C. 
Sidewalk vendors shall cease operations one hour prior to the close of the park.
(Ord. 313 § 2, 2019)
A. 
Roaming sidewalk vendors shall meet all the requirements of Section 5.17.045.
B. 
Roaming sidewalk vending hours for residential zones shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on weekdays, and between the hours of 10:00 a.m. and 6:00 p.m. on the weekend.
C. 
Roaming sidewalk vendors for non-residential zones shall only be conducted no earlier and no later than the hours of operation of businesses on the same street. If no businesses operate on the same street, roaming sidewalk vendors in non-residential zones of the City shall only operate between the hours of 8:00 a.m. and 6:00 p.m. of every day.
(Ord. 313 § 2, 2019)
A. 
A sidewalk vendor permit issued under this chapter may be suspended or rescinded by the Public Works Director, or his or her designee, after four or more violations of this chapter in accordance with Section 5.17.100 of this chapter, at their discretion, for any of the following causes:
1. 
Fraud or misrepresentation in the course of vending;
2. 
Fraud or misrepresentation in the application for the permit;
3. 
Vending in a manner that creates a public nuisance or constitutes a danger to the public.
B. 
Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.
C. 
No person whose street vending permit has been revoked pursuant to this chapter shall be issued a street vending permit for a period of two years from the date revocation becomes final.
(Ord. 313 § 2, 2019)
In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the Public Works Director made under the provisions of this chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the City Manager within 15 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the Public Works Director a written appeal statement setting forth the grounds for the appeal, along with the City's appeal fee, which shall be established by City Council resolution. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit. The Public Works Director shall transmit the written statement to the City Manager within 10 days of its filing and payment of the appeal fee, and the City Manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than 60 days from the date of filing of the applicant's written appeal statement with the City. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five days prior to the date set for the hearing. At the hearing, the permittee and the City shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The City Manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the City Manager. The City Manager may continue the hearing as deemed necessary. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned, unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.6. In the event a timely action or proceeding is brought pursuant to Section 1094.6, the City Manager's decision shall be stayed automatically pending a final decision on the merits by the trial court. As used in this section, final decision on the merits does not include rehearing or appellate procedures.
(Ord. 313 § 2, 2019)
A. 
It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter. A violation of this chapter shall by punished by:
1. 
An administrative fine not exceeding $100 for a first violation.
2. 
An administrative fine not exceeding $200 for a second violation within one year of the first violation.
3. 
An administrative fine not exceeding $500 for each additional violation within one year of the first violation.
4. 
Rescinding the vending permit issued to the vendor for the remaining term of that permit upon the fourth violation or subsequent violations.
B. 
A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection A, set forth above, be punished by:
1. 
An administrative fine not exceeding $250 for a first violation.
2. 
An administrative fine not exceeding $500 for a second violation within one year of the first violation.
3. 
An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
C. 
If an individual is subject to subsection B, set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this chapter shall be reduced to the administrative fines set forth in subsection A, respectively.
D. 
The proceeds of any administrative fines assessed pursuant to this chapter shall be made payable to the City and delivered to either the City or the City's contracted agent specified on the administrative citation itself within 15 business days from the date the administrative citation was issued.
E. 
Failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this chapter shall not be assessed.
F. 
Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law.
G. 
When assessing an administrative fine pursuant to this chapter, the adjudicator shall take into consideration the person's ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The 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.
1. 
If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the City shall accept, in full satisfaction, 20% of the administrative fine imposed pursuant to this chapter.
2. 
The City 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.
H. 
A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.
I. 
Nothing contained herein shall be construed to impede the City's or County's ability to enforce County Health Department codes and regulations.
(Ord. 313 § 2, 2019)
A. 
The City may impound a sidewalk vendor's vending cart, food, equipment and any goods therein used in violation of this chapter, pursuant to the provisions of Civil Code Section 2080.10, Health and Safety Code Section 114393, and/or any other applicable City, County, or State law for the following reasons:
1. 
Food displayed, offered, or made available for sale including equipment, or utensils used by a sidewalk vendor without holding a valid and displayed health permit from the Orange County Health Care Agency's Environmental Health Division in violation of City, County or State law;
2. 
Items reasonably appear to be unattended or abandoned on public property for more than 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first 50 feet of the items;
3. 
Items displayed, offered, or made available for sale by a sidewalk vendor who does not obtain a sidewalk vending permit from the City Public Works Department as required by Section 5.17.030;
4. 
Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this chapter, and refuses or fails to provide identification;
5. 
Operation in violation of this chapter and refusal or failure by a sidewalk vendor to comply within 30 consecutive minutes after being instructed to do so by a City Code Enforcement Officer or other City official;
6. 
Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of 36 inches of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards;
7. 
Items displayed, offered, or made available for sale in violation of any applicable Federal, State, County, or City laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals;
8. 
Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; attaching or using any water lines, electrical lines, or gas lines during vending operations; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights or any other animated devices or sign; or using, operating or permitting any radio, loudspeaker or other machine or device for the producing or reproducing of sound; or
9. 
Items impounded as evidence of a crime or booked as property after an arrest of any sidewalk vendor involving any City, County, State or Federal law or regulation excluding Chapter 5.17. Such items shall be stored and released in accordance with the procedures set forth in the California Penal Code and any other applicable State law.
B. 
Prior to commencing an impoundment action under the preceding subsection A, a City Code Enforcement Officer or other City official will issue a verbal warning to the sidewalk vendor operating in violation of this chapter. An impoundment action will proceed only if the sidewalk vendor fails or refuses to comply with the verbal warning within the time specified or, if no time is specified, within a reasonable time.
C. 
The City may immediately dispose of impounded items that are perishable and/or cannot be safely stored.
D. 
Sidewalk vending items or equipment impounded pursuant to this section, excluding those items that were immediately disposed of according to subsection C above, shall be held by the City for not less than 30 nor more than 60 days from the date of impoundment.
E. 
The City shall provide the person from whom the vending items or equipment were impounded with a receipt and instructions for retrieval of the impounded items, excluding those items that were immediately disposed of according to subsection C above. The receipt and instructions shall be given to the person from whom the items were taken at the time of impound or shall be mailed within two business days of the impound to the address received by the City when the person applied for a sidewalk vending permit.
F. 
Impounded vending equipment and goods, excluding any items that were disposed of according to subsection B above, will be released to the sidewalk vendor or owner provided that proper proof of ownership is presented, and the City receives payment in full of all administrative costs incurred as a result of the violation. Any unclaimed items will be considered abandoned and forfeited to the City after 60 days following impoundment. Pursuant to State law, the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this chapter.
G. 
An aggrieved sidewalk vendor may, within 21 calendar days of the impoundment, appeal the impoundment of their items by requesting an administrative hearing before a hearing officer in accordance with Section 5.17.090 and, if successful in their appeal, may have their items returned, excluding any items that were immediately disposed of according to subsection C above, and shall not be required to pay the impound fee(s). If the sidewalk vendor is successful on appeal, any appeal fee paid by the sidewalk vendor shall be refunded.
H. 
A sidewalk vendor may recover impounded items or equipment, excluding any items immediately disposed of according to subsection C above, upon paying applicable impound fees and demonstrating proper proof of ownership of the items.
I. 
The City Council may adopt by ordinance or resolution impound fees, which shall reflect the City's personnel, enforcement, investigation, storage, disposal, and impound costs.
J. 
The City Manager is authorized to develop additional regulations for the storage and release of impounded items not in conflict with this chapter.
(Ord. 369, 7/16/2024)