A. General Prohibition. It is unlawful for any person to occupy any
public street, public parking lot, public street furniture, public
building, public park, public right-of-way, or public sidewalk in
the City for the purpose of selling, vending, offering in exchange
for donations, offering for sale, or soliciting or receiving orders
for the sale of any product or service, unless otherwise authorized
under this Code. "Occupy" means to remain in a single location or
use or place any equipment, facility, or structure for the purpose
of selling, vending, offering in exchange donations, offering for
sale, or soliciting or receiving orders for the sale of any product
or service.
B. Authorizations Under This Code. For reference, authorizations under this Code that are exempt from the general prohibition under subsection
A of this section include:
1. News racks as authorized under Chapter
5.66;
3. Sidewalk vending as authorized under Chapter
9.49;
4. Outdoor dining facilities as authorized under Chapter
9.95;
5. The Santa Barbara Arts and Crafts Show as authorized under Chapter
15.16;
6. Vending in connection with a special event as authorized under Chapter
15.17; and
7. Other commercial facilities or activities by a person expressly authorized
under a permit issued by the City as provided under ordinance or resolution.
C. Activity Subject to Issuance of a Permit Under This Section. Notwithstanding subsection
A of this section, an individual or an organization may, upon the issuance of a permit by the Director of Public Works, in accordance with the requirements of this chapter and the administrative regulations adopted pursuant hereto, use a public street or sidewalk in the City for the following limited purposes:
1. Sidewalk Sales. A retail business licensed to do business at a location
within the City may conduct a sale of merchandise on a City sidewalk
under the following conditions:
a.
The sale occurs only on a public sidewalk immediately adjacent
to the retail business; and
b.
The retail business does not conduct such sidewalk sales for
more than a total of 10 days for each calendar year; provided, however,
that those businesses within a two-block radius of a construction
project which impacts pedestrian or vehicular access to the City block
within which the business is located for a period exceeding 14 consecutive
days may be allowed up to 20 days for sidewalk sales during the year
in which the construction project is undertaken.
2. Farmers' Markets. An individual or an organization may use a public street or City parking lot for the purpose of conducting a certified farmers' market (as defined and provided for in Title
3, Chapter
3 of the
California Code of Regulations) under the following conditions:
a.
The merchandise offered for sale at the farmers' market
is allowed to be sold at a certified farmers' market;
b.
The use of the street or public parking lot is authorized by
and pursuant to a written license agreement between the City and the
market sponsor, which license agreement limits the market to a specified
day or days of the week and to certain limited hours; and
c.
The vendors of merchandise at the farmers' market are authorized
to conduct such sales by the organization sponsoring the Market and
entering into the license agreement with the City.
(Prior code §32.23; Ord. 3852, 1976; Ord. 3880, 1976; Ord. 4751, 1992; Ord. 4843, 1993; Ord. 5236, 2002; Ord. 5350, 2005; Ord. 5688, 2015; Ord. 6142, 2/6/2024)
It is unlawful for a person to go onto private property within
the city for the purpose of selling, offering for sale, or soliciting
orders for the sale of any merchandise, product, service, or thing
whatsoever when the occupant of such property has given notice or
warned such persons to keep away. A sign posted by the occupant of
the property, with the words "no solicitors," "no peddlers," or other
similar words, at or near the front door or primary entrance to a
residential structure on private property, shall constitute sufficient
notice or warning pursuant to this section. For any property used
for a purpose other than a residential use, such notice may be posted
at each public entrance to any structure on the property in any conspicuous
location on the property, in such a manner so as to provide reasonable
notice of the restriction.
(Ord. 6142, 2/6/2024)