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. No. 1086, § 5, 2021)
For purposes of this chapter the following definitions apply:
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 San Juan Capistrano.
means a permit issued by the City to use a City-owned facility
that is open to the public for rental or use.
means any facility where fire engines and other fire equipment
of the City’s fire services are located.
means the Finance Director of the City of San Juan Capistrano
or designee.
means a public park or open space owned by the City.
means a paved path maintained by the City used for pedestrian
travel that provides public access between two points other than a
sidewalk.
means a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
means that portion of a public highway, or other public roadway,
set apart by curbs, barriers, markings or other delineation that is
paved, specifically designed for pedestrian travel by the general
public.
means a person who sells, offers to sell, operates, engages
in or carries on a food or merchandise vending business 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 public pedestrian path.
means a sidewalk vendor who vends 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. No. 1086, § 5, 2021)
(a)
All
stationary and roaming sidewalk vendors shall obtain a sidewalk vending
permit from the City’s Finance Department prior to engaging
in any sidewalk vending activities. The following information shall
be required in order to obtain a sidewalk vending permit:
(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)
A description of the merchandise/goods to be offered for sale, and
the days/hours of sales; and
(4)
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
(5)
A copy of the vendor’s Social Security card with the number;
or a copy of the valid California driver’s license or California
identification card issued to the vendor; or a copy of the individual
taxpayer identification number issued to the vendor.
(A)
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; and
(6)
If preparing or selling food, a copy of the County Health Department
permit issued to the vendor and/or pushcart vehicle; and
(7)
If the vendor proposes to be a stationary sidewalk vendor, a description
or site plan map of the proposed location(s) where vending will take
place, showing that the stationary sidewalk vending location maintains
a minimum of 48 inches of sidewalk accessible route area, in compliance
with the Americans with Disabilities Act; and
(8)
If the vendor proposes to be a stationary sidewalk vendor, a copy
of an encroachment permit issued by the City’s Public Works
Department with no encroachment permit fee required; and
(9)
A certification by the vendor that to his or her knowledge and belief,
the information contained in the application is true and correct.
(Ord. No. 1086, § 5, 2021)
(a)
Upon
acceptance of a properly completed and filed sidewalk vendor permit
application, the Finance Director shall conduct a preliminary investigation
to determine compliance with this chapter and shall make such determination
within no more than 45 days of acceptance to approve or deny the application.
The Finance Director or designee shall provide the applicant with
written notice of his or her decision to the address indicated in
the application.
(b)
The
Finance Director may deny an application for a permit if he or she
makes any of the following findings:
(1)
The applicant has made one or more material misstatements in the
application for a permit.
(2)
The applicant does not have a valid social security card, California
driver’s license or California identification card; or a copy
of the individual taxpayer identification number issued to the vendor.
(3)
The applicant’s vending operation, as described in the application,
is inconsistent with the standards, conditions, and requirements of
this chapter.
(4)
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.
(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 Finance Director approves the applicant’s permit, he or
she shall endorse his or her approval on the application and shall
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 sidewalks or pedestrian pathways
on the site where the product is grown.
(2)
Vending from food trucks and other motorized vehicles on public streets or alleys in accordance with Chapter 7 of Title 4 of this Code.
(3)
City-sponsored and/or City-approved special events including, but
not limited to, a certified farmers’ market, swap meet, street
fairs, parades, festivals and outdoor concerts. Vendors contracted
for these events shall be exempt from the provisions of this chapter.
(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.
(Ord. No. 1086, § 5, 2021)
(a)
Stationary
sidewalk vending is prohibited in any area zoned for residential use
or containing a residential land use designation as shown in an approved
specific plan, comprehensive development plan or by the latest zoning
map of the City of San Juan Capistrano.
(b)
Stationary sidewalk vending shall be prohibited on any sidewalks within the historical downtown area depicted in Exhibit A in Section 5-28.11.
(c)
Except for the prohibited areas identified in subsections (a) and (b), stationary sidewalk vendors may operate in nonresidential zones of the City, including mixed use zones, provided they meet the following standards:
(2)
The sidewalk vendor is located on a sidewalk or pedestrian path that
is paved in concrete; and
(3)
The sidewalk vendor’s operation allows a minimum of 48 inches
of accessible path of travel, without obstruction, along the public
sidewalk or paved pedestrian path; and
(4)
The sidewalk vending is conducted between the hours of 5:00 a.m.
and 12:30 a.m. of every day; and
(5)
The sidewalk vendor maintains the vending area in a clean, orderly,
and sanitary condition; and
(6)
The sidewalk vendor location does not block entrances to private
and public buildings, driveways, parking spaces, drive aisles or building
windows; and
(7)
No vending shall occur within 100 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
(8)
No shade structures shall be permitted in conjunction with the vending
activities if within 25 feet of a driveway apron, defined as that
portion of a regularly established driveway lying between a property
line and any curb, the purpose of which is to provide access from
the roadway across the curb, parkway, and sidewalk to the property
fronting thereon or abutting thereto; and
(9)
The vendor shall not attach or connect to any water lines, electrical
lines, or gas lines during vending operations, except those that are
part of the vending cart; and
(10)
Exterior storage or display of refuse, equipment, materials, goods,
wares, or merchandise not displayed for sale is prohibited; and
(11)
No vending shall occur within 100 feet of an event held pursuant
to Section 5-28.04(E)(3), a facility use permit or special activities
permit within one hour before or after the time such event is taking
place; and
(12)
No vending shall occur within 500 feet of the entrance to any school;
and
(13)
To protect and maintain traffic visibility along City streets, no
vending shall occur within 100 feet of a traffic signal support post,
100 feet of a freeway on-ramp or off-ramp or within 100 feet of a
street intersection’s triangular area formed by connecting the
following three points: the point where the projection of an intersection’s
curb lines meet, a point measured 100 feet along one curb line from
said intersecting point, and a point measured 100 feet along the other
curb line from said intersecting point; the City Engineer may increase
the intersection sight distance visibility based on the roadway geometrics
and speed; and
(14)
No sound amplification equipment or live entertainment may be used
in conjunction with any sidewalk vendor sales; and
(15)
When asked, all vendors shall produce a copy of the City vending
permit issued to them and, for vending requiring a County Health Department
permit, a copy of the County Health Department permit; and
(16)
Vending shall not be conducted within any public or private street
or alley.
(Ord. No. 1086, § 5, 2021)
(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 similar food or merchandise.
(b)
In any City park without a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise, all sidewalk vendors, whether stationary or roaming, shall meet the applicable standards contained in Section 5-28.05.
(c)
Sidewalk vending of food or merchandise by roaming vendors in any City park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise shall meet the applicable standards contained in Section 5-28.05.
(d)
Aside from the prohibited vending activity identified in subsection (a), stationary and roaming sidewalk vendors may only operate along the sidewalks and paved pedestrian paths of City parks or other City-owned property, provided they meet all the applicable standards contained in Section 5-28.05 and the additional following standards:
(1)
The sidewalk vendor shall cease operations one hour prior to the
close of the park; and
(2)
The sidewalk vendor location does not block access to any park equipment,
playing field or park amenity; and
(3)
The sidewalk vendor does not vend within 100 feet of a field or court
that is actively being used for sports (e.g., baseball field while
baseball being played); and
(4)
The sidewalk vendor does not vend within 100 feet of a restroom entrance,
playground, or play equipment.
(Ord. No. 1086, § 5, 2021)
Roaming sidewalk vendors shall meet the applicable standards contained in Section 5-28.05 and the additional following requirements:
(a)
Vending
in residential areas shall only occur between the hours of 8:00 a.m.
and 8:00 p.m.; and
(b)
Vending
shall not be conducted within any public or private street or alley.
(Ord. No. 1086, § 5, 2021)
(a)
A
sidewalk vendor permit issued under this chapter may be suspended
or rescinded by the Finance Director, at their discretion, after four
instances of vending in violation of the standards contained this
chapter.
(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. No. 1086, § 5, 2021)
(a)
In
the event that any applicant or permittee desires to appeal from any
order, rescission, or other ruling of the Finance 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
Finance Department a written appeal statement setting forth the grounds
for the appeal. No appeal fee is required. The filing of the appeal
shall stay the enforcement of any decision suspending or rescinding
the permit. The Finance 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 Police Department. 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 designee, on the appeal shall be final and binding
on all parties concerned.
(b)
In
lieu of having the City Manager conduct the appeal hearing, the City
Manager may appoint a neutral hearing officer to conduct the proceedings.
(Ord. No. 1086, § 5, 2021)
(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:
(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:
(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 deposited in the treasury of the City.
(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. No. 1086, § 5, 2021)
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(Ord. No. 1086, § 5, 2021)
