A.
General Prohibition. It is unlawful for any person to occupy any public street, public parking lot, public street furniture, public building, public park, public right-of-way, or public sidewalk in the City for the purpose of selling, vending, offering in exchange for donations, offering for sale, or soliciting or receiving orders for the sale of any product or service, unless otherwise authorized under this Code. "Occupy" means to remain in a single location or use or place any equipment, facility, or structure for the purpose of selling, vending, offering in exchange donations, offering for sale, or soliciting or receiving orders for the sale of any product or service.
B.
Authorizations Under This Code. For reference, authorizations under this Code that are exempt from the general prohibition under subsection A of this section include:
C.
Activity Subject to Issuance of a Permit Under This Section. Notwithstanding subsection A of this section, an individual or an organization may, upon the issuance of a permit by the Director of Public Works, in accordance with the requirements of this chapter and the administrative regulations adopted pursuant hereto, use a public street or sidewalk in the City for the following limited purposes:
1.
Sidewalk Sales. A retail business licensed to do business at a location within the City may conduct a sale of merchandise on a City sidewalk under the following conditions:
a.
The sale occurs only on a public sidewalk immediately adjacent to the retail business; and
b.
The retail business does not conduct such sidewalk sales for more than a total of 10 days for each calendar year; provided, however, that those businesses within a two-block radius of a construction project which impacts pedestrian or vehicular access to the City block within which the business is located for a period exceeding 14 consecutive days may be allowed up to 20 days for sidewalk sales during the year in which the construction project is undertaken.
2.
Farmers' Markets. An individual or an organization may use a public street or City parking lot for the purpose of conducting a certified farmers' market (as defined and provided for in Title 3, Chapter 3 of the California Code of Regulations) under the following conditions:
a.
The merchandise offered for sale at the farmers' market is allowed to be sold at a certified farmers' market;
b.
The use of the street or public parking lot is authorized by and pursuant to a written license agreement between the City and the market sponsor, which license agreement limits the market to a specified day or days of the week and to certain limited hours; and
c.
The vendors of merchandise at the farmers' market are authorized to conduct such sales by the organization sponsoring the Market and entering into the license agreement with the City.
(Prior code §32.23; Ord. 3852, 1976; Ord. 3880, 1976; Ord. 4751, 1992; Ord. 4843, 1993; Ord. 5236, 2002; Ord. 5350, 2005; Ord. 5688, 2015; Ord. 6142, 2/6/2024)