For the purposes of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
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 Malibu.
means the director of public works or designee.
means a public park owned or operated by the city.
means any natural person, firm, association, organization,
partnership, joint venture, business trust, corporation, or company.
means a sidewalk vendor who operates by traveling from place
to place and stops only to complete a transaction.
means a public sidewalk or paved pedestrian path specifically
designed for pedestrian travel.
refers to commercial activity conducted by a sidewalk vendor.
means a person who sells food or merchandise from a pushcart,
stand, display, pedaldriven cart, wagon, showcase, rack, or other
nonmotorized conveyance, or from one's person, upon a sidewalk within
the city.
means a sidewalk vendor who operates from a fixed location.
means 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.
(Ord. 454 § 2, 2019)
No person shall engage in sidewalk vending without first obtaining
a permit issued pursuant to this chapter.
(Ord. 454 § 2, 2019)
A.
To receive
or renew a sidewalk vendor permit, a person must complete an application
on a form approved by the city. Permit applications require the following
information:
1.
The
applicant's name, current mailing address, and telephone number;
2.
A
copy of a valid California's driver's license or identification number,
an individual taxpayer identification number, or a social security
number. Such information is not a public record and will remain confidential
as required by Government Code Section 51038(c)(4);
3.
If
the vendor is an agent of an individual, company, partnership, or
corporation, the name and business address of the principal;
4.
A
description of the merchandise to be offered for sale and any vending
equipment to be used (including the dimensions of carts or other conveyances);
5.
A
copy of a valid California Department of Tax and Fee Administration
seller's permit, as required;
6.
If
the applicant will be vending food, proof of a valid permit issued
by the Los Angeles County department of public health;
7.
The
applicant's proposed vending locations;
8.
The
applicant's proposed days and hours of operations;
9.
Whether
the applicant intends to operate as a stationary or a roaming sidewalk
vendor;
10.
Proof of general liability insurance of such types and in such amounts
as required by the city's risk manager or designee;
11.
An executed indemnity and hold harmless agreement;
12.
The applicant's certification that the information contained in the
application is true to his or her knowledge and belief; and
13.
Such other information as the director deems necessary for the administration
or enforcement of this chapter.
B.
Permit
applications shall not be accepted unless accompanied by payment of
an application fee. The amount of the fee shall be established by
resolution of the city council.
C.
A sidewalk
vending permit shall be valid for one year after the date of issuance,
unless it is revoked prior to that date in accordance with the provisions
of this chapter.
D.
A sidewalk
vending permit shall not be transferable to any person or be valid
for vending operations in any location(s) other than that location
designated on the permit for the term stated.
(Ord. 454 § 2, 2019)
A.
The
director may 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.
3.
The
applicant fails to provide required information on the application
form.
4.
The
applicant's vending operation, as described in the application, is
inconsistent with the requirements of this chapter.
5.
The
applicant does not possess all state and local permits and licenses
necessary to engage in the proposed sidewalk vending.
6.
The
applicant's sidewalk vending permit has previously been revoked and
the applicant is ineligible to apply for another permit.
B.
If the
application is denied, the reasons for disapproval shall be noted
on the application, and the applicant shall be notified in writing
that his or her application is denied and that no permit will be issued.
(Ord. 454 § 2, 2019)
This chapter shall not apply to the following activities:
A.
Permitted
participation in a certified farmers' market;
B.
Events
authorized by a special event permit, temporary use permit, or a license
agreement approved by the city.
(Ord. 454 § 2, 2019)
A.
No sidewalk
vendor shall operate in the following locations:
1.
In any street, driveway, alley, median strip, bike path, public parking lot, or any other public location that is not a sidewalk as that term is defined in Section 5.60.010;
2.
Within
the immediate vicinity of a certified farmers' market or an area designated
for a temporary special permit, during the limited operating hours
of these events. Any notice, business interruption mitigation, or
other rights provided to affected businesses or property owners under
the city's temporary special permit will also be furnished to a sidewalk
vendor permitted to operate in the area;
3.
Within
500 feet of any public or private school grounds, between the hours
of 8:00 a.m. and 5:00 p.m., on days that school is open to students;
4.
Within
20 feet of an entrance or exit to any building, including, but not
limited to, any theater, house of worship, or place of public assembly;
5.
On
private property without the consent of the property owner and a city-issued
permit.
B.
Vending
in parks is restricted to sidewalks (a park's paved pedestrian paths).
1.
No
sidewalk vending is permitted on ballfields, grass turf, playground
areas, or other unpaved trails or sand areas.
2.
A
vendor may not operate on a sidewalk if doing so would reduce the
clearance for pedestrian access thereon to a width of less than five
feet.
3.
Stationary
sidewalk vendors may not operate in a park if the park operator has
entered an exclusive concessions agreement with a third party.
4.
All
vendors must cease operating 20 minutes prior to park closure.
C.
Stationary
sidewalk vendors may not operate in areas zoned exclusively for residential
use. Stationary sidewalk vendors may only operate at the location(s)
designated in their vending permit and only during the times set forth
therein.
D.
Roaming
sidewalk vendors shall not operate within residential zones between
the hours of 8:00 p.m. and 9:00 a.m.
(Ord. 454 § 2, 2019)
A.
All
sidewalk vendors are subject to the following requirements:
1.
Maintain
all state and local permits necessary for the proposed vending operation;
2.
Prominently
display the permit issued pursuant to this chapter at all times while
operating in the city, and present the license for inspection at the
request of any city staff member or law enforcement officer;
3.
No
vending cart may operate at a location if the cart would reduce the
pedestrian access route clearance on the path or sidewalk to a width
of less than five feet;
4.
Vending
activity may not block the entrances to any buildings, driveways,
or vehicle parking spaces;
5.
Carts
and other equipment used in connection with sidewalk vending may not
be stored or left unattended in public spaces or in any portion of
the public right-of-way. (Equipment or objects left in public spaces
or in the public right of-way overnight, or outside the hours of permitted
vending operations, will be considered discarded and may be seized
or disposed of by the city.);
6.
Signs,
tables, chairs, shade structure, fences, or other furnishings not
approved for use in a sidewalk vending license may not be used in
vending operations;
7.
Vendors
may not use any horns, music, lights, visual media, or any sound amplifying
device unless expressly approved in the vending license;
8.
Sidewalk
vendors are not permitted to sell or offer for sale lottery tickets,
alcohol, cannabis, adult oriented material, or tobacco or electronic
cigarette products;
9.
Sidewalk
vending of services, including rental services, is prohibited;
10.
Vendors may not attach or use any water lines, electrical lines,
or gas lines during vending operations;
11.
Vendors may not affix, lean, or touch any sidewalk vending equipment
to, on, or against any street fixture or structure, including, but
not limited to, utility posts, bus shelters, public trash cans, parking
meters, or street signs;
12.
Carts and vending activity may not physically alter or otherwise
damage the underlying sidewalk;
13.
Maintain vending operations in sanitary condition, including ensuring
proper disposal of any trash produced as a result of said operations.
(Vendors must operate with their own trash containers to allow the
proper disposal of trash, food, or liquids generated by their operations.);
and
14.
A sidewalk vendor shall not discharge any liquid (e.g., water, grease,
oil, etc.) onto or into city streets, storm drains, catch basins,
or sewer facilities.
B.
Roaming
vendors must keep their operations moving except when completing a
transaction and may not operate on any city block for more than one
hour in any four-hour period.
(Ord. 454 § 2, 2019)
A.
A sidewalk
vendor permit may be revoked for any serious violation of law, including,
but not limited to, the following:
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 constitutes a danger to the public;
4.
Engaging
in activity that constitutes a misdemeanor or felony in the course
sidewalk vending; or
5.
Repeated
violations of this chapter.
B.
Notice
of a permit revocation shall either be mailed, postage prepaid, to
the holder of the sidewalk vendor permit at his or her last known
address or personally delivered, which shall be effective upon delivery.
It shall be the responsibility of the permittee to provide the city
with the permittee's current mailing address.
(Ord. 454 § 2, 2019)
Decisions to deny a permit application or to revoke a permit may be appealed by the applicant in accordance with the procedures for administrative hearings contained in Chapter 1.10 of this code.
(Ord. 454 § 2, 2019)
A.
A violation
of this chapter shall not be prosecuted as an infraction or a misdemeanor
and no person will be subject to arrest for violating this article
except when otherwise permitted under law.
B.
A violation
of this chapter may only be punished by an administrative citation
subject to the following schedule of administrative fines:
1.
Vending
without a sidewalk vending permit shall be punished by an administrative
fine not to exceed the following amounts:
a.
Two hundred fifty dollars for a first violation.
b.
Five hundred dollars for a second violation within one year of the
first violation.
c.
One thousand dollars for each additional violation within one year
of the first violation.
d.
Upon proof of a valid permit issued by the city, the administrative
fine assessed under this paragraph will be reduced to the corresponding
administrative fine set forth in subsection (B)(1)(b).
2.
Any
other violations of the city's sidewalk vending ordinance shall be
punished by an administrative fine not to exceed the following amounts:
a.
One hundred dollars for a first violation.
b.
Two hundred dollars for a second violation within one year of the
first violation.
c.
Five hundred dollars for each additional violation within one year
of the first violation.
d.
The city may revoke a sidewalk vending permit for the remainder of
the permit's term upon the fourth or subsequent violations
C.
Notwithstanding
any other provisions of this code, failure to pay an administrative
fine assessed under this section shall not be punishable as an infraction
or a misdemeanor.
D.
Additional
fines, fees, assessments, or any other financial conditions beyond
those authorized by this section shall not be assessed.
E.
When
assessing an administrative fine pursuant to this article, the adjudicator
shall take into consideration a vendor's ability to pay the fine.
1.
The
city shall provide the person with notice of his or her right to request
an ability-to-pay determination and shall provide instructions or
other materials for requesting an ability-to-pay determination.
2.
A
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.
3.
If a person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632 (respecting the receipt of specified public benefits and monthly income relative to current poverty guidelines, respectively) the city shall accept 20% of the amount imposed under subsection A of this section as full satisfaction thereof.
4.
The
city may also allow the person to complete community service in lieu
of paying the total administrative fine, waive the fine, or offer
an alternative disposition.
(Ord. 454 § 2, 2019)
