(Prior code §3-1-1; Ord. 800, 1987; Ord. 1085 §2, 2006)
Notwithstanding any other provision in this chapter, these regulations shall not apply to sidewalk vendors as used and defined in Government Code Sections 51036 to 51039, as it may be subsequently amended, or to sidewalk vendors as used and defined in South El Monte Municipal Code Chapter 5.09.
(Ord. 1233 §1, 2019)
No person, as that word is defined in Section 5.06.020 of the South El Monte Municipal Code, shall sell, vend, peddle or hawk liquids, edibles, goods, wares or merchandise on any portion of the public right-of-way, except as provided pursuant to this chapter, and such person has obtained any and all licenses and permits which may be required pursuant to the South El Monte Municipal Code, Los Angeles County laws or state law. The act or business of selling, vending, peddling or hawking liquids, edibles, goods, wares or merchandise on any portion of the public right-of-way shall be referred to as "vending," and the person engaged in vending shall be referred to as "vendor," in this chapter.
(Prior code §5-21-50; Ord. 1075 §1, 2005; Ord. 1085 §3, 2006)
Vending may be conducted in the "M" (Manufacturing), "C" (Commercial), "C-M" (Commercial-Manufacturing), "C-R" (Commercial-Residential), and "P-F" (Public Facilities) zone districts.
(Ord. 1085 §4, 2006; Ord. 1108 §1, 2007; Ord. 1221 §1, 2018)
A.
No person shall engage in vending in the "R-1" (Single-Family Residential), and "R-3" (Multifamily Residential) zone districts, except as authorized by subsection B. The restriction set forth in this section shall not apply to taxicabs and delivery vehicles as set forth in Section 8.36.050 of the Los Angeles County Code.
B.
Any vendor whose sales of ice cream, frozen yogurt or any other frozen or soft serve snack product constitutes seventy-five percent or more of its total sales, may vend in any area in the city. Any such vending shall occur only between the hours of eight a.m. and eight-thirty p.m. No such vending shall occur within five hundred feet of any religious institution or park, or within five hundred feet of any school within thirty minutes of school starting, ending, or at lunch break with the exception of the vending described in subsection C. Such vendor shall provide a map showing its route without specific stops, notwithstanding the requirement set forth in subsection (v) of Section 5.08.060 of this chapter. The distances specified in this section shall be measured in a straight line, without regard for intervening structures and boundaries of the city.
C.
Vending within five hundred feet of any K-12 school is prohibited during school hours, unless the vendor is selling exclusively healthy food such as unprocessed or natural fruits and vegetables.
(Ord. 1085 §4, 2006; Ord. 1129 §1, 2009; Ord. 1221 §2, 2018)
No person shall engage in vending without first: (i) obtaining a city business license; (ii) paying to the city an annual fee in the amount set forth in Section 5.04.070 of this Municipal Code; (iii) providing to the city a copy of his or her current health department certification and proof of liability insurance in an amount acceptable to the city; (iv) affixing a city-issued license sticker on a visible portion of his or her vehicle; and (v) providing to the city a map of route and location stops within the city. Each vendor shall provide prior, written notification to the city of any proposed additions and/or changes to the approved route and location stops. The directors of public works and planning may impose, as conditions of approval upon issuance of a vendor's permit, such conditions as deemed reasonably necessary to ensure compliance with this chapter.
(Ord. 1085 §4, 2006; Ord. 1221 §3, 2018)
A.
Permitted vending for food products shall be conducted only from public health department approved mobile pushcarts on city sidewalks with proper licenses displayed.
B.
Permitted mobile vending of food products shall be conducted within commercial and industrial areas of the city on a two carts per block face basis and on residential city sidewalks provided that each sale or transaction is no more than seven minutes.
C.
Vending may only be performed for one-hour intervals at a single position and must move at least twenty feet at the end of that period.
D.
Any person selling food on an authorized sidewalk must be in possession of a sidewalk food certificate of operation.
E.
Pushcarts shall have a length of no greater than seventy-two inches and a width of no greater than fifty-four inches and shall be no more than seventy-eight inches in height, including roof or awning. Vendors may have an additional small table for condiments.
F.
A decal certifying approval by the city and county shall be attached to each pushcart approved for use.
G.
City permitted special events shall have priority over sidewalk vending certificates of operation.
H.
Except as set forth in Section 5.08.050(B), sidewalk vending hours of operation shall be from seven a.m. to nine p.m.
I.
No vending allowed one hour before, during and one hour after special events that are authorized by the city.
J.
Sidewalk vendors shall be allowed to push, carry, or transport their pushcarts to the approved location.
K.
Sidewalk vending businesses must provide a trash receptacle that cannot be abandoned and maintain a ten-foot surrounding area clean and free of trash and debris at all times.
L.
No pushcart shall be chained or fastened to any pole, sign, tree or other object in the public way or left overnight.
M.
A petition signed by twenty percent of business/property owners and/or area residents on a block can be brought before city council to consider opting out a street from vending.
N.
The distances specified in this section shall be measured in a straight line, without regard for intervening structures and boundaries of the city.
(Ord. 1085 §4, 2006; Ord. 1221 §4, 2018)
A.
Vending shall refer only to vending of food or merchandise on city sidewalks.
B.
No vending stand shall be situated near a curb with the back of said cart situated not less than eighteen inches nor more than twenty-four inches from the edge of the curb.
C.
No vending on city-owned property without prior written city approval by the planning or public works department.
D.
No vending shall occur:
1.
Within five feet of any marked crosswalk, curb return of any unmarked crosswalk, fire hydrant, fire call box, or other emergency facilities.
2.
Within the marked bus zone, five feet of any bus bench, or ten feet of any transit shelter.
3.
In front of an entrance to a business, including the curb area directly across from such entrance where the distance between the entry door and the stand is less than ten feet.
4.
In any location used, marked or posted for public utility purpose, public transportation purpose or government use.
5.
Where placement unreasonably interferes with the use of poles, posts, traffic signs or signals, mailboxes, or other objects legally permitted, but in no event shall the stand be closer than one foot from such objects.
6.
Where placement interferes with the reasonable use or utility for display purposes of any display window of any building abutting the sidewalk or parkway, but in no event within four feet of such window.
7.
Within five feet of any driveway or driveway apron.
8.
Within five feet of any outdoor dining areas or patio dining areas.
9.
Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than five feet or, impedes access to or the use of abutting property, including, but not limited to, residences and places of business.
10.
Notwithstanding any other paragraph of this subsection, no person shall install, use or maintain any stand where placement endangers the safety of persons or property.
11.
Within five feet of any utility cover, vent screen or other object that is flush mounted with the sidewalk, except that if the owner or person in control of the below grade sidewalk installation needs additional space for emergency or non-routine maintenance of the installation, any stand which interferes with such maintenance may be requested to be temporarily removed to accommodate the required maintenance and then be reinstalled.
12.
Within ten feet from the front of any marked parallel parking place.
E.
The distances specified in this section shall be measured in a straight line, without regard for intervening structures and boundaries of the city.
(Ord. 1085 §4, 2006; Ord. 1165 §1, 2012; Ord. 1221 §5, 2018)
No vendor shall enter onto any private property or refuse to leave any property when requested to do so by the owner or person in lawful possession thereof.
(Ord. 1085 §4, 2006; Ord. 1221 §6, 2018)
Two-Tiered Penalty System. Violations of any provision or requirements of this chapter are subject to citations as follows:
A.
Permitted Vending with a Certificate of Operation. While in possession of a certificate of operation, any violation of the rules of this chapter will result in a citation listed below:
B.
Vending without a Certificate of Operation.
1.
First violation: two hundred fifty dollars (may be reduced to one hundred dollars with proof of permit).
2.
Second violation: five hundred dollars (may be reduced to one hundred fifty dollars with proof of permit).
3.
Third violation: one thousand dollars (may be reduced to two hundred dollars with proof of permit).
Confiscation of equipment may occur at any point where the health and safety of the general population are at risk. The decision to confiscate someone's property must be coordinated with the Los Angeles County public health department to ensure proper disposal of food waste. | |
Vendors who have had their equipment confiscated may recover their property once vendor is deemed to be in compliance by the director of public works. |
(Prior code §3-1-3; Ord. 800, 1987; Ord. 1085 §5, 2006; Ord. 1221 §7, 2018)