The purpose of this chapter is to comply with SB 946 (Gov. Code
Section 51036, et seq.), which places limits on local authority to
regulate sidewalk vendors operating in the public right-of-way. In
addition to complying with SB 946, these regulations are intended
to serve the same purposes as articulated in 5.44.010.
(Ord. 817 § 2, 2020)
For the purposes of this chapter, the definitions set forth in Chapter 5.44 apply as well as the following definitions:
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.
means a sidewalk vendor who vends from a fixed location.
means a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
(Ord. 817 § 2, 2020)
Any person eighteen years of age or older who operates as a sidewalk vendor within the city limits must obtain a sidewalk vendor permit. Sidewalk vendors are not required to obtain a business license and are not subject to the business license regulations or enforcement ordinances found in Chapters 5.04 through 5.20 of this code. Instead, sidewalk vendors are subject only to the regulations and enforcement scheme of this chapter.
(Ord. 817 § 2, 2020)
Every sidewalk vendor transacting business within the city must
first obtain a sidewalk vendor permit from the finance director authorizing
the sidewalk vendor to engage in the activities allowed under this
chapter. Sidewalk vendor permits will be issued in accordance with
the following procedures:
A.
Sidewalk
vendor permits will be valid for a period of one year and will be
renewable for successive periods of one year upon the payment of the
annual permit fee.
B.
Every
person engaging in sidewalk vending in the city is required to pay
the sidewalk vendor permit fee as adopted by resolution of the city
council.
C.
Sidewalk
vendors must acquire any additional licenses from other state or local
agencies to the extent required by law.
D.
Sidewalk
vendors must remain in compliance with all other generally applicable
laws.
(Ord. 817 § 2, 2020)
Sidewalk vendors must submit the following information on his
or her operations when applying for a permit:
A.
The
vendor's name, physical and mailing address, phone number and date
of birth.
B.
A description
of the merchandise offered for sale or exchange.
C.
If the
sidewalk vendor is an agent of an individual, company, partnership,
or corporation, the name and business address of the principal.
D.
A certification
by the vendor that to his or her knowledge and belief, the information
contained on the form is true.
E.
Any
other information required by the finance director.
(Ord. 817 § 2, 2020)
The identification information required for a sidewalk vending
permit is confidential and not available to the public for inspection,
except as required to administer the permit program or to comply with
a state law or state or federal court order.
(Ord. 817 § 2, 2020)
A.
Sidewalk
vendors may not vend in any public park outside of the hours that
the park is open to the public.
B.
Sidewalk
vending operations may not operate within three hundred feet of a
permitted certified farmers' market during the operating hours of
that market. A "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. The three hundred feet will be measured
from the exterior boundary of the area designated for use by the farmers'
market.
C.
Sidewalk
vending operations may not operate within three hundred feet of an
area designated by a temporary special permit during the hours of
the event or activity permitted. A temporary special permit is a permit
issued by the city for the temporary use of, or encroachment on, the
sidewalk or other public area, including, but not limited to, an encroachment
permit, special event permit, or temporary event permit. The three
hundred feet will be measured from the exterior boundary of the area
designated for use for the temporary special permit.
D.
Sidewalk
vendors must not:
1.
Impede
access to the entrance of any adjacent building or driveway;
2.
Impede
pedestrian traffic along any sidewalk or pedestrian path;
3.
Occupy
any part of a public or private street, or alleyway;
4.
Occupy
parking stalls or other designated parking areas;
5.
Stop,
operate or vend within fifty feet of an intersection, bus stop, loading
zone, or driveway of a fire station, police station, or ambulance
station;
6.
Stop,
operate or vend within three hundred feet of the grounds of any elementary
or secondary school, measured from the parcel boundary upon which
the school is located, on any school day before four p.m.; or
7.
Stop,
operate or vend on a public sidewalk adjacent to a curb which has
been duly designated by the city as a white, yellow, blue, or red
zone.
(Ord. 817 § 2, 2020)
A.
Sidewalk
vendors must generally maintain sanitary conditions and remove all
trash or debris accumulating by reason of any vending and deposit
the trash into a trash receptacle.
B.
Sidewalk
vendors may not sell any merchandise to any person who is in a motor
vehicle at the time of sale except to persons who have a valid disabled
sign granted by a Department of Motor Vehicles and displayed in vehicle.
C.
Sidewalk
vendors engaged in food preparation must comply with Section 113700,
et seq. of the California Health and Safety Code.
D.
Permits
issued under this chapter may not be sold, assigned or transferred,
and apply only the permittee to whom they are issued.
E.
No signs
may be exhibited or placed by or near any sidewalk vending operation
except that the pushcart, stand or vending vehicle may have a sign
attached to it as long as it does not exceed the space available on
the front or sides of the pushcart, stand or vehicle.
F.
Sidewalk
vending is not allowed between the hours of ten p.m. and seven a.m.
G.
Sidewalk
vendors may not sell any item for which the purchaser is required
by law to be over the age of twenty-one years, such as tobacco, alcohol,
cannabis, etc.
(Ord. 817 § 2, 2020)
Any interested party may appeal any decision of the city finance
director hereunder to the city manager by filing a written appeal
within ten days after the mailing of notice of the city finance director's
decision to the last known address of the permittee. In considering
the appeal, the city manager may affirm, revoke, or modify the city
finance director's decision in whole or in part, and consider any
other matters the city manager deems pertinent. The city manager's
decision shall be final.
(Ord. 817 § 2, 2020)
A.
The
city finance director shall enforce each and all of the provisions
of this chapter, and the chief of police shall render such assistance
in the enforcement hereof as may from time to time be required by
the city finance director and/or city council.
B.
The
city finance director in the exercise of the duties imposed upon him
or her hereunder, and acting through his or her deputies or duly authorized
assistants, has the power to examine or cause to be examined all sidewalk
vending operations in the city to ascertain whether the provisions
of this chapter have been complied with.
C.
The
city finance director and each of his or her assistants and any police
officer shall have the power and authority to approach any sidewalk
vending operation place of business required to be permitted herein
and demand an exhibition of its permit.
D.
Any
person having such permit in his or her possession or under his or
her control who willfully fails to exhibit the same on demand, will
be subject to penalty.
E.
The
city finance director shall cause a complaint to be filed against
any and all persons found to be in violation of any such provisions.
(Ord. 817 § 2, 2020)
A.
Any
sidewalk vendor violating any provision of this chapter shall be punishable
by an administrative fine according to the following provisions:
1.
An
administrative fine of one hundred dollars for a first violation.
2.
An
administrative fine of two hundred dollars for a second violation
within one year of the first violation.
3.
An
administrative fine of five hundred dollars for each additional violation
within one year of the first violation.
4.
The
city may rescind a permit issued for sidewalk vending for the term
of that permit upon the fourth violation or any subsequent violation.
B.
Engaging
in sidewalk vending without a permit is punishable by an administrative
fine according to the following provisions:
1.
An
administrative fine of two hundred and fifty dollars for a first violation.
2.
An
administrative fine of five hundred dollars for a second violation
within one year of the first violation.
3.
An
administrative fine of one thousand dollars for each additional violation
within one year of the first violation.
E.
When assessing an administrative fine pursuant to subsections A and B, the city 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 at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the city shall accept, in full satisfaction, twenty percent of the administrative fine, or may offer the following alternatives:
(Ord. 817 § 2, 2020)
