The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Certified farmers' market"
means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter, as may be amended.
"Enforcement officer"
means any city sworn peace officer, code enforcement officer or inspector, or other employee or agent designated with authority to enforce any provision of this code.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place to vend and stops only to complete a transaction.
"Sidewalk vendor"
means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, bicycle or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
"Swap meet"
means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article, and may be amended.
"Temporary special event permit"
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 use permit, for purposes including, but not limited to, filming, parades, festivals, or outdoor concerts.
(Ord. 6764, 12/20/2023)
A. 
Prior to engaging in any sidewalk vending activity, a sidewalk vendor shall obtain a valid business license pursuant Chapter 6.04 of the Roseville Municipal Code, and the sidewalk vendor shall maintain such valid business license during any sidewalk vending activity.
B. 
The business license issued to a sidewalk vendor shall be displayed conspicuously at all times by the sidewalk vendor while engaging in any sidewalk vending activity. If it is not reasonably feasible for a sidewalk vendor to conspicuously display its business license at all times, the sidewalk vendor shall at least keep the business license on their person and shall, upon request, show the business license to any enforcement officer or customer.
(Ord. 6764, 12/20/2023)
A. 
Prior to engaging in any sidewalk vending activity, a sidewalk vendor shall obtain a valid California Department of Tax and Fee Administration seller's permit, and the sidewalk vendor shall maintain such valid seller's permit during any sidewalk vending activity.
B. 
The California Department of Tax and Fee Administration seller's permit issued to a sidewalk vendor shall be displayed conspicuously at all times by the sidewalk vendor while engaging in any sidewalk vending activity. If it is not reasonably feasible for a sidewalk vendor to conspicuously display its seller's permit at all times, the sidewalk vendor shall at least keep the seller's permit on their person and shall, upon request, show the seller's permit to any enforcement officer or customer.
(Ord. 6764, 12/20/2023)
A. 
Each sidewalk vendor selling or offering food shall obtain a valid Placer County health permit prior to selling or offering food as part of any sidewalk vending activity, and the sidewalk vendor shall maintain such valid Placer County health permit during any sidewalk vending activity.
B. 
The Placer County health permit issued to a sidewalk vendor, if applicable, shall be displayed conspicuously at all times by the sidewalk vendor while engaging in any sidewalk vending activity that requires such health permit. If it is not reasonably feasible for a sidewalk vendor to conspicuously display its Placer County health permit at all times, the sidewalk vendor shall at least keep the health permit on their person and shall, upon request, show the health permit to any enforcement officer or customer.
(Ord. 6764, 12/20/2023)
A. 
Each sidewalk vendor shall maintain sanitary conditions while engaged in any sidewalk vending activity, including but not limited to sterilizing and disinfecting all apparatus, equipment, and appliances, and preventing cross-contamination.
B. 
Each sidewalk vendor shall provide a receptacle large enough to accommodate all customer garbage and trash and shall ensure proper disposal of all customer garbage and trash.
C. 
Each sidewalk vendor shall ensure all garbage and trash associated with its sidewalk vending activities is properly disposed of prior to leaving any location at which it engaged in any sidewalk vending activities.
(Ord. 6764, 12/20/2023)
A. 
No sidewalk vendor may use, play, or employ any sound, outcry, amplifier, loudspeaker, radio, or any other instrument or device for the production of sound in connection with the promotion of the sidewalk vender's activities.
B. 
No sidewalk vendor may intentionally or deliberately obstruct the free movement of any person on any public right-of-way, including any sidewalk or pedestrian path.
C. 
No sidewalk vendor may vend to customers in a vehicle unless such vehicle is stationary and properly parked in a space or area where vehicle parking is permitted.
D. 
No pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other vending conveyance may be chained, locked, or otherwise fastened to any pole, sign, tree, or other fixture in the public right-of-way.
E. 
Signage shall not exceed a total of 30 square feet on a maximum of two signs, which must be attached to the cart, stand, display, pedal-driven cart, wagon, showcase, rack, or other vending conveyance. Freestanding signs, as defined in Chapter 17.04, are prohibited.
(Ord. 6764, 12/20/2023)
No sidewalk vendor may place or leave any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other vending conveyance, or otherwise locate any sidewalk vending activities in a manner or location that obstructs vehicular or pedestrian traffic, or creates visibility, sight line, or accessibility issues, including the following:
A. 
Within 15 feet of any fire hydrant;
B. 
Within any required landscaping setback adjacent to a public street;
C. 
Within a 30-foot by 30-foot commercial clear vision triangle as defined by Section 19.95.030 of the Roseville Municipal Code;
D. 
Within 10 feet of any bus or other transit stop;
E. 
Where placement impedes the flow of vehicular traffic or parking, including within any public street, or would otherwise cause vehicles to stop or slow down in traffic lanes;
F. 
Where placement impedes the accessible route and flow of pedestrians by reducing the clear width space on a public sidewalk to less than 48 inches of usable sidewalk, excluding the width of any curb;
G. 
Within 1,000 feet of a certified farmers' market or swap meet during the operational hours of such certified farmers' market or swap meet; and
H. 
Within 1,000 feet of an area designated for a temporary special event permit issued by the city, but only during the limited duration of the temporary special event permit and provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the temporary special event permit are also provided to sidewalk vendors specifically permitted to operate in the area or are reasonably known to regularly engage in sidewalk vending activities in the area.
(Ord. 6764, 12/20/2023)
A. 
No sidewalk vendor shall engage in any sidewalk vending activities in any city park subject to an exclusive vending contract.
B. 
Sidewalk vendors shall adhere to all applicable park rules and regulations while engaging in vending activities in a city park except to the extent such rules and regulations directly conflict with this chapter.
C. 
For any park that is three acres or less in size, no sidewalk vendor shall engage in any vending activities within 200 feet of another sidewalk vendor as to avoid any undue concentration of commercial activity and to preserve the scenic, natural character, and enjoyment of smaller residential parks.
(Ord. 6764, 12/20/2023)
A. 
Violation of any provision of this chapter may be charged as an administrative citation pursuant to Chapter 2.50 of the Roseville Municipal Code.
B. 
All administrative fines imposed pursuant to this chapter shall be subject to ability-to-pay determinations as described in California Government Code Section 51039(f), as may be amended. Concurrent with the issuance of any administrative citation for violation of any provision of this chapter, the city will provide the applicable sidewalk vendor notice of the vendor's right to request an ability-to-pay determination, and will make available to the vendor instructions or other materials for requesting an ability-to-pay determination.
(Ord. 6764, 12/20/2023)
Open air vending facilities selling prepared food, fresh cut flowers or plants, and other similar uses on private property or within the public right-of-way that do not meet the definition of sidewalk vendors as defined by Section 9.37.010, are excluded from this chapter and are otherwise regulated pursuant to Chapter 19.50 of the Roseville Municipal Code.
(Ord. 6764, 12/20/2023)
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(Ord. 6764, 12/20/2023)