The following words and phrases, whenever used in this chapter, shall mean as follows:
"Certified farmers' market"
means a location operated in accordance with Chapter 10.5 of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"Director"
means the director of public works of the city of Upland.
"Hearing officer"
means the city manager or designee.
"Person"
means one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Sidewalk"
means a public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel. "Sidewalk vendor" 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 paved pedestrian path or other paved public right-of-way. This is inclusive of both a "roaming sidewalk vendor" and a "stationary sidewalk vendor."
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
"Swap meet"
means a location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
"Temporary use permit"
means a permit issued by the city for the temporary use of, or encroachment on, the sidewalk, public right-of-way, or any other public area, including, but not limited to, an encroachment, film, temporary, seasonal, or special event permit for purposes including, but not limited to, city or privately sponsored filming, parades, outdoor events, seasonal sales, or other outdoor events.
"Vend" or "vending"
means to sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.
"Vending cart"
means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.
(Ord. 1934 § 1, 2019)
No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the city without first obtaining a sidewalk vending permit pursuant to this chapter.
(Ord. 1934 § 1, 2019)
To apply for a sidewalk vending permit, a person must file an application with the director, accompanied by a nonrefundable processing fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:
A. 
The legal name and current address and telephone number of the applicant;
B. 
If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;
C. 
A description of the food or merchandise offered for sale;
D. 
A description of the area(s) the applicant intends to operate;
E. 
Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
F. 
The type of vending cart the applicant intends to use;
G. 
An image of the proposed vending cart;
H. 
A copy of a valid business license issued pursuant to Chapter 5.04 of the Upland Municipal Code;
I. 
A California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code;
J. 
Certification by the applicant that the information contained in the application is true to his or her knowledge and belief;
K. 
An completed executed agreement indemnifying and holding the city and its employees, officers, and agents harmless from any damages or other liability arising from use of the permit;
L. 
If a vendor of food or food products, certification to completion of a food handler course and proof of all required approvals from the San Bernardino County department of public health;
M. 
The applicant shall provide, for the business owner and any employees, two passport size photographs, be fingerprinted by the Upland police department, and authorize a criminal record check to be conducted with all applicable fees paid by the applicant; and
N. 
Any other reasonable information regarding the time, place, and manner of the proposed vending in order for the city to assess the potential impact on the health, safety, and welfare of the public.
(Ord. 1934 § 1, 2019)
The director, or designee, shall approve the issuance of a permit unless he or she determines that:
A. 
Information contained in the application, or supplemental information requested from the applicant, is false or misleading in any material detail;
B. 
The applicant failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;
C. 
Conviction of a misdemeanor or felony involving fraud, theft, dishonesty, sales of prohibited substances, or injury to any person within the previous 10 years, or any misdemeanor or felony for which the applicant is required to register pursuant to Penal Code Section 290;
D. 
The applicant has previously held a sidewalk vending permit which was revoked by the city prior to the permit's expiration date;
E. 
The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter; or
If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.
(Ord. 1934 § 1, 2019)
A sidewalk vending permit shall be valid for 12 months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. A person may apply for a permit renewal on a form provided by the city prior to the expiration of that person's active sidewalk vending permit.
(Ord. 1934 § 1, 2019)
The director may rescind a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this chapter. A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit.
(Ord. 1934 § 1, 2019)
Any person aggrieved by the decision of the director to issue, deny issuance, or rescind a sidewalk vending permit may appeal the decision to the hearing officer. The appeal shall be filed with the city clerk within 10 days following the date of the director's decision.
(Ord. 1934 § 1, 2019)
Sidewalk vendors shall comply with the following:
A. 
No sidewalk vendor shall vend in the following locations. Roaming vendors may traverse these areas, but cannot stop to conduct transactions until clear of these areas:
1. 
Within 25 feet of any street intersection, measured from the curb return location, away from the intersection, as shown below in Figure 1.
-Image-3.tif
Figure 1
2. 
Within 15 feet of any driveway or driveway apron.
3. 
Upon or within any roadway, median strip, or dividing section.
4. 
Within 500 feet of a permitted certified farmers' market, a swap meet, or an area designated for a special event permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the special event permit.
5. 
Along Euclid Avenue or within the Euclid Avenue Bridle Path.
6. 
Within the boundaries of the non-residential districts of the Historic Downtown Upland Specific Plan.
7. 
Along the Pacific Electric Trail.
8. 
In any city parking lot.
9. 
On private property without the consent of the property owner.
10. 
Within required parking stalls or drive isles on private property.
11. 
Within 25 feet of any entrance or exit to a building, structure or facility.
12. 
On any designated emergency vehicle access way.
13. 
On any public property that does not meet the definition of a public sidewalk or pedestrian path including without limitation any alley, street, roadway, or parking lot.
14. 
Within 50 feet of another sidewalk vendor.
15. 
Within 25 feet of a:
a. 
Fire hydrant, fire call box, or other emergency facility.
b. 
Curb which has been designated as a red zone or a bus zone.
c. 
Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items.
B. 
No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than four feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices.
C. 
Sidewalk vendors shall not vend, sell, or interact with customers in vehicles which are operating or located within a designated roadway or thoroughfare.
D. 
Sidewalk vending is permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows:
1. 
In residential areas, roaming sidewalk vending shall be permitted between the hours of 8:00 a.m. and 8:00 p.m.
2. 
In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street.
3. 
Within 500 feet of a public or private school site during school hours and not within one hour before or one hour after school drop off and pick up operations.
E. 
Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential or in exclusively residential use.
F. 
Sidewalk vendors shall provide a trash receptacle for customers and ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor's customers within a 25-foot radius of the vending location, or if the trash's origin is clearly from the sidewalk vendor.
G. 
Roaming sidewalk vendors shall stop only to complete transactions and shall not remain stationary for a period exceeding 10 minutes, thereafter moving a minimum of 50 feet from the original location before commencing additional sales.
H. 
Vendors of food or food products shall possess and display in plain view on the vending cart a valid health permit from San Bernardino County department of public health and decal sticker from San Bernardino County department of public health, and all employees handling food shall possess a current San Bernardino County food handler card.
I. 
Sidewalk vendors shall possess at all times while vending a valid permit issued pursuant to this chapter, as well as any other permit or license required by the city and any other appropriate governmental agency.
J. 
Sidewalk vendors shall comply with all applicable state and local laws, including, without limitation: state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
K. 
Vending carts, signs, merchandise, or other property shall not touch, lean against, or be chained, fastened, or affixed at any time to any building or structure, including, but not limited to lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way.
L. 
Any power used in a vending cart shall be contained wholly within the cart. No cords, hoses, pipes, bottles, canisters, or other conductors or containers of power or fuel shall extend from any source external to or detached from the vending cart while the vending cart is in operation upon a public sidewalk or pedestrian path.
M. 
Sidewalk vendors shall display not more than one sign containing two display faces and that sign shall not be in excess of eight square feet nor exceed four feet in height measured from the ground.
N. 
Vending carts shall not exceed a length of four feet, a width of four feet, or a height of eight feet, excluding any attached litter receptacle.
O. 
Any device or structure used to produce shade shall be less than 60 square feet in area, not to exceed eight feet in height when measured from the ground, and must be freestanding, carried by the vendor or affixed only to the cart or equipment of the vendor. Such devices shall not be utilized or shall be removed immediately when weather or other factors would cause such devices to become hazardous.
P. 
Sidewalk vendors shall not sell, attempt to sell, display, or otherwise offer any goods or services which are not stated on the sidewalk vending permit.
Q. 
Sidewalk vendors shall not sell, attempt to sell, display or otherwise offer lottery tickets, alcohol, cannabis, adult oriented material, tobacco or electronic cigarette products, or illegal or counterfeit merchandise.
R. 
No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property.
S. 
Vending carts or merchandise shall not be left unattended.
T. 
A vending cart shall not remain in a designated location overnight.
U. 
Within city parks, sidewalk vendors shall additionally comply with the following:
1. 
In public parks and park areas, sidewalk vending shall be permitted only during normal hours of park operation.
2. 
Sidewalk vendors shall operate only on paved pedestrian pathways.
3. 
Sidewalk vendors shall not utilize any noise or light producing device which would unreasonably interfere with the enjoyment of the park by others.
4. 
Stationary sidewalk vendors shall not establish a location for operation and roaming sidewalk vendors shall not commence any sale within 50 feet of any playground, athletic court, athletic field, recreational equipment, water feature, cycling trail, picnic table, restroom facility, or permanent structure subject to reservation by the public.
5. 
Vehicles used to deliver goods, merchandise, food, or personnel, or in any other way support sidewalk vending, shall be maneuvered and parked only in areas accessible to the general public for driving and parking. Vehicles in the park in support of sidewalk vending shall not be maneuvered on or across pathways, sidewalks, turf areas, planters, or maintenance roads or in any manner detrimental to park infrastructure or the safety of the public.
6. 
Sidewalk vendors shall not vend at any park where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
V. 
Sidewalk vendors shall comply with the following noise standards:
1. 
It is unlawful for any sidewalk vendor to shout, make any outcry, blow a horn, ring a bell, or use any sound device, including any loud speaking radio or sound amplifying system, while vending where such sound exceeds the city's noise standards as set forth in Chapter 9.40.
2. 
No sidewalk vendor shall operate, or permit the operation of, any sound amplification system to advertise, to draw attention to the presence of the sidewalk vendor, or to communicate commercial information to the general public, except to request emergency assistance or warn of a hazardous situation.
W. 
Sidewalk vendors shall not approach persons to sell food or merchandise and shall not interfere in any way with anyone engaged in an activity to sell food or merchandise.
X. 
Sidewalk vendors shall not vend to or otherwise conduct transactions with persons in moving vehicles or vehicles illegally parked or stopped.
Y. 
Sidewalk vendors shall immediately clean up any food, grease, or other fluid or item related to sidewalk vending activities that falls on public property.
Z. 
Sidewalk vendors shall not operate in any area closed to sidewalk vending designated in a resolution of the city council where the closure is directly related to objective health, safety, or welfare concerns.
(Ord. 1934 § 1, 2019)
A. 
A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to Chapter 1.22, in amounts not to exceed the following:
1. 
$100.00 for a first violation.
2. 
$200.00 for a second violation within one year of the first violation.
3. 
$500.00 for each additional violation within one year of the first violation.
B. 
A person engaged in sidewalk vending without a valid city sidewalk vending permit is punishable by an administrative citation pursuant to Chapter 1.22 in amounts not to exceed the following, in lieu of the amounts set forth in subsection A:
1. 
$250.00 for a first violation.
2. 
$500.00 for a second violation within one year of the first violation.
3. 
$1,000.00 for each additional violation within one year of the first violation.
4. 
Upon proof of a valid sidewalk vending permit issued by the city, the administrative citations set forth in this paragraph shall be reduced to amounts set forth subsection A.
C. 
A violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.
D. 
Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor, and additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
E. 
When assessing administrative citations pursuant to this section, the hearing officer 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.
F. 
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 percent of an administrative citation imposed pursuant to this chapter.
G. 
The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.
(Ord. 1934 § 1, 2019)
A. 
The city may temporarily detain food, goods, and merchandise that are displayed, offered, or made available for rent or sale by any person creating a health and safety danger.
B. 
No person shall retrieve detained materials without demonstrating proper proof of ownership and signing an agreement to comply with all applicable laws when engaging in sidewalk vending activities.
C. 
The city may dispose of food and food products that are displayed, offered, or made available for sale by any person operating without all required approvals from the San Bernardino County department of public health.
D. 
These remedies are cumulative, and in addition to any other remedies available to the city by law or equity, including, but not limited to, those provided in Chapter 1.20 of this code.
(Ord. 1963 § 2, 2022)