This chapter establishes regulations of sidewalk vending in
accordance with California
Government Code Sections 51036—51039.
(Ord. 6060, 2022)
Food.
Any type of edible substance or beverage intended for human
consumption.
Health Department Permit.
All licenses, permits, certifications, and courses required
and issued by the Health Department to vend food within the City.
Merchandise.
Any item, good, or tangible personal property of any kind
that is not food intended for human consumption.
Residential Zone.
Areas designated on the Sectional Zoning Map of the City of Santa Barbara as: A-1, A-2, E-1, E-2, E-3, R-1, R-2, R-3, R-4, or S-H under Title
28 of this Code; RS, R-2, R-M, R-MH under Title
30 of this Code; or within any overlay zone for mobilehome or residential planned unit or common interest development.
Roaming Sidewalk Vendor.
A sidewalk vendor who moves from place to place and stops
only to complete a transaction, or as otherwise defined by Government
Code Section 51036(b), as it may be amended.
Sidewalk.
The portion of a public street or highway, other than the
roadway, set apart by curbs, barriers, markings or other delineation
for pedestrian travel. Sidewalk excludes, public paseos, plazas, and
other public pedestrian pathways that are not part of a public street
or highway.
Sidewalk Vendor.
A person who vends food or merchandise from a vending cart
or from one's person upon a sidewalk or other place authorized
by this chapter, or as otherwise defined by
Government Code Section
51036(c), as it may be amended. A sidewalk vendor does not include
an owner, employee, agent, or independent contractor of a business
having an established storefront or other fixed business location
within the City. A sidewalk vendor does not include a person who vends
from a motor vehicle.
State Street Promenade.
The portions of State Street generally between Victoria Street
and Haley Street closed to use by motor vehicles pursuant to City
Council ordinance or resolution.
Sunset.
A time of day as determined by the National Weather Service.
Vend or Vending.
To sell, offer for sale, expose or display for sale, solicit
offers to sell, barter, or exchange anything of value, even if the
transaction is characterized as a donation.
Vending Cart.
A pushcart, stand, display, pedal-driven cart, wagon, showcase,
rack, or other non-motorized conveyance used by a sidewalk vendor
to sell food or merchandise.
(Ord. 6060, 2022; Ord. 6142, 2/6/2024)
Distance shall be measured along a sidewalk as the closest points
between the items or places being measured. When a distance is being
measured between a vending cart and the entrance to a location, the
measurement will be made to the point where the pathway to the entrance
intersects the sidewalk. When a distance is measured to a school or
other building or facility, measurement shall be made to the exterior
boundary of the grounds on which the school or other building or facility
is located.
(Ord. 6060, 2022)
A. Notwithstanding Chapter
9.48 of this Code, sidewalk vendors may vend on sidewalks in the City in compliance with all the requirements of this chapter. A sidewalk vendor who vends in the City in violation of this chapter is subject to an administrative citation punishable by an administrative penalty pursuant to Section
9.49.120 only.
B. Notwithstanding subsection
A of this section, a person who does not qualify as a sidewalk vendor under Section
9.49.020 may be prosecuted under Chapter
9.48.
(Ord. 6060, 2022; Ord. 6142, 2/6/2024)
A. Sidewalk
vendors shall comply with each of the operational requirements in
this Section.
B. Sidewalk
vendors who vend food shall comply with the requirements of the Health
Department Permit issued to the sidewalk vendor.
C. Vending
carts shall not exceed a length of 74 inches, a width of 34 inches,
or a height of 80 inches. A vending cart may have an attached umbrella
with a diameter that does not exceed 48 inches and a height not less
than 80 inches.
D. Stationary
sidewalk vendors and roaming sidewalk vendors shall not operate in
commercial zones between the hours of midnight and 6:00 a.m.
E. Vending
carts shall not be stored overnight in any zone on the sidewalk or
other City property and must be removed from the sidewalk or other
City property after the hours of operation.
F. Vending
carts shall not be left unattended.
G. Vending
carts shall not be locked, chained, or otherwise secured to any pole,
sign, tree, or other object in the public right-of-way.
H. Stationary
sidewalk vendors shall maintain a clean and trash-free vending location
including a 10-foot radius from the stationary cart. All waste generated
by the preparation or service of food products or other products shall
be maintained within cart until properly disposed of in a proper receptacle
that is lawfully available for use of a stationary or roaming sidewalk
vendor.
I. Sidewalk
vendors that vend food items shall provide a trash receptacle for
customers. The trash receptacle shall be large enough to accommodate
customer trash. The trash receptacle may be attached to the vending
cart or placed adjacent to it. The trash receptacle shall be regularly
emptied and available for customer use. Sidewalk vendors shall dispose
of all waste, including all waste generated from preparation or service
of food or other products and customer trash, in a proper receptacle
that is lawfully available for use of the vendor.
J. A stationary
sidewalk vendor that vends food shall operate within 200 feet travel
distance of an approved and readily available toilet and handwashing
facility, as required by California
Health and Safety Code Section
114315.
K. Freestanding
signs are prohibited. A vending cart may have signs advertising the
sidewalk vendor and the products vended attached to the cart.
L. Sidewalk
vendors shall not use or set up tables, chairs, or other structures,
provided however, that a stationary vendor may use a stool or chair
for personal use.
M. Carts
shall be self-contained, including any power sources. Sidewalk vendors
shall not connect to or use a water or an electricity source owned
by the City or a private party without authorization from the City
or the private party. Gas powered generators are prohibited. Equipment
for cooking food must be contained within the cart.
N. Sidewalk
vendors shall comply with all laws regulating noise and must not create
a noise nuisance.
O. Sidewalk
vendors shall comply with all applicable rules, regulations and requirements
promulgated by the City, including, but not limited to, park regulations
and regulations related to the State Street Promenade.
(Ord. 6060, 2022; Ord. 6142, 2/6/2024)
This chapter does not apply to:
A. Traveling
salespersons, commercial travelers or the like who exclusively or
primarily sell to, or solicit orders for future delivery from local
retailers, local businesses, local governments, local schools or local
wholesale firms.
B. The
occasional sales of goods and services, including admission to local
events, by local school students to a function of their school; or
fundraising sales by service clubs or groups such as Elks, Kiwanis,
Lions, Boy Scouts or Girl Scouts.
C. Peddlers operating pursuant to a permit issued under Chapter
5.32 of this Code.
D. Solicitation of charitable or political contributions that do not involve the exchange of any merchandise or food in exchange for the donation. Such activity may be subject to Chapter
5.06 of this Code.
(Ord. 6060, 2022)