This Ordinance shall be known as the "Sidewalk Vendor Business License" ordinance.
(SCC 1754, 2/4/2025)
Regulation of the sale of merchandise or food on the public streets and sidewalks within the unincorporated area of the County is necessary for the purpose of promoting the free and safe flow of vehicular and pedestrian traffic and is directly related to the objective health, safety, and welfare of the public. It is hereby found that the use of such rights-of-way for such purposes in violation of the prohibitions of this Article would constitute an interruption of the free flow of traffic and a serious and dangerous hazard to the public.
(SCC 1754, 2/4/2025)
The Board of Supervisors finds and declares that unregulated sidewalk vendors or obstructions on sidewalks, streets, County rights-of-way, or in public parks in the unincorporated areas of the County of Sacramento is dangerous or injurious to property and the health or welfare of residents of the vicinity and is a public nuisance in that it creates conditions that impact public health, safety, or welfare, impact the public's use and enjoyment of natural resources and recreational opportunities. These regulations therefore directly relate to the objective health, safety, or general welfare of the community.
(SCC 1754, 2/4/2025)
As used in this Article, the following terms shall be ascribed the following meanings:
A.
"Director" means the Director of the Department of Finance or the Director's designee.
B.
"Food" shall mean any raw, cooked, or processed edible substance, ice, beverages, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
C.
"Merchandise" shall mean any item of tangible property, including but not limited to, written materials, clothing, jewelry, accessories, and toys, but not including food.
D.
"Public Streets" shall mean that portion of any County, State or public road or highway within the unincorporated area of the County, which is utilized for motor vehicle or bicycle traffic, including any improved shoulder adjacent to traffic lanes, and excluding sidewalks.
E.
"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
F.
"Sidewalk" shall mean any right-of-way within the unincorporated area of the County which is improved for public pedestrian traffic, including paved walks and pathways.
G.
"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 pedestrian path.
H.
"Stand" or "Cart" shall mean any fixed, temporary, permanent or mobile rack, counter, shelving, vehicle or other structure or device utilized for the purpose of transporting, storing, carrying or displaying merchandise or food or for the purpose of conducting sales of merchandise or food.
I.
"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.
J.
"Vend" or "vending" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish or pay a fee before providing food or merchandise, even if characterized as a donation.
(SCC 1754, 2/4/2025)
A.
Except as otherwise provided by this Chapter, no person shall engage in the vending of food or merchandise on public sidewalks, County rights-of-way, or in public parks in the unincorporated areas of the County of Sacramento without a valid Sidewalk Vendor Business License. Additionally, sidewalk vending on public sidewalks, County rights-of-way, or in public parks in the unincorporated areas of the County of Sacramento may only occur in compliance with the regulations set forth in this Chapter and Chapters 6.05 and 9.36 of the Sacramento County Code, as applicable.
(SCC 1754, 2/4/2025)
The provisions of this Article shall not be applicable to or be deemed to prohibit:
A.
The placement of newspaper racks upon sidewalks; or
B.
The vending of food or merchandise upon sidewalks under a current and valid permit or license issued by the County: for example, a conditional use permit, special event permit, temporary use permit, outdoor dining permit, or encroachment permit; or
C.
The vending of food or merchandise by residents in the County in neighborhoods to support charitable nonprofit organizations: for example, the sale of Girl Scout cookies.
(SCC 1754, 2/4/2025)
A.
License Required. No person shall operate a stand or vend any merchandise or food on the public sidewalks, County rights-of-way, or in public parks within the unincorporated area of the County unless they have an active and valid Sidewalk Vendor Business License issued by the Sacramento County Department of Finance pursuant to this Chapter.
B.
Permit Required. No person shall operate a stand or vend any food on public sidewalks, County rights-of-way, or in public parks within the unincorporated area of the County unless they have an active and valid health permit issued by the Environmental Management Department pursuant to Chapter 6.05.
C.
Individual License Requirements. A valid and active license and, when required by this Chapter, a health permit shall be required for each individual vendor. Each vendor, in accordance with this Chapter, shall be limited to operating a single stand.
D.
Display Requirement. The Sidewalk Vending licensee shall display all licenses in a visible manner on their cart, stand or location of vending. This requirement shall apply to all necessary licenses including but not limited to the Sidewalk Vendor Business License, Health Permit, Seller's Permit, and other applicable licenses.
(SCC 1754, 2/4/2025)
A.
Requirements. The application for a sidewalk vendor business license shall include:
1.
The name and current mailing address of the sidewalk vendor.
2.
If the sidewalk vendor is an agent, representative, contractor, or employee of an individual, company, partnership, business, person, or corporation, the name and business address of each principal must be included in the application.
3.
The address of the location where the stand, food, and merchandise will be stored, if different from the mailing address of the sidewalk vendor.
4.
The mode of vending (stationary or roaming).
5.
A complete description of the food or merchandise offered for sale or exchange.
6.
A copy of the California seller's permit (CA Department of Tax and Fee Administration sales tax number), if the applicant is required to have a seller's permit.
7.
A copy of the valid health permit issued by the Sacramento County Environmental Management Department or Public Health, if food is being vended.
8.
Certification by the applicant that to their knowledge and belief, the information contained in the application is true.
9.
Payment of a non-refundable application fee, in an amount established by resolution of the Board of Supervisors and adjusted from time to time as legally appropriate.
B.
Issuance. The Director shall issue the Sidewalk Vendor Business License within thirty (30) days after the date of application unless any of the following apply, in which case, the Director may deny the application:
1.
The Director finds in writing that the applicant fails to provide the information requested in the application; or
2.
The Director finds in writing that any of the statements made in the application, or any supplementary information submitted thereto, is incorrect or untrue; or
3.
The Director finds in writing that the issuance of a Sidewalk Vendor Business License to the applicant(s) or for act(s) as explained in the application would result in violation of Federal, State or local laws or would involve an unreasonable risk to the health, safety or general welfare of the public. The Director shall state, in writing, the grounds for the unreasonable risk to health, safety, or general welfare of the public finding.
C.
Conditions. The Director may issue a Sidewalk Vendor Business License upon such conditions relating to the method or manner of operation as the Director deems are directly related to, and necessary to adequately protect, the health, safety or general welfare of the public. Conditions imposed shall be provided to the applicant or holder of the license in writing. A period of fifteen (15) days from the time of the written notice shall be provided in which an appeal therefrom may be filed in the manner prescribed by this Chapter. Any condition imposed upon the issuance of a Sidewalk Vendor Business License shall remain in effect until the appeal is finally determined. If the imposition of conditions is not appealed within the period stated, the imposition of conditions placed on the Sidewalk Vendor Business License shall become final.
D.
Suspension or Revocation. The Director may commence proceedings for the suspension or revocation of a Sidewalk Vendor Business License by issuing a written notice of suspension or revocation. The notice shall state the reasons for suspension or revocation and shall be served on the licensee, together with a copy of the provisions of this Chapter. The suspension or revocation shall become effective fifteen (15) days after the date of service unless the licensee files an appeal within the time and in accordance with the provisions of this Chapter. If such an appeal is filed, the suspension or revocation shall not become effective until a final decision on the appeal is issued.
E.
Method of Denial, Suspension or Revocation. The Director may commence proceedings for the suspension or revocation of a Sidewalk Vendor Business License or may deny an application for a Sidewalk Vendor Business License by issuing a written notice of the denial, suspension, or revocation to the applicant or licensee. The notice shall state the reasons for the denial, suspension, or revocation and shall be served on the applicant or licensee, together with a copy of the provisions of this Chapter. The suspension or revocation shall become effective fifteen (15) days after the date of service unless the licensee files an appeal within the time and in accordance with the provisions set forth in this Chapter. If such an appeal is filed, the suspension or revocation shall not become effective until a final decision on the appeal is issued. A denial shall be effective immediately and shall prohibit operation of the Sidewalk Vendor enterprise but shall allow fifteen (15) days for the applicant to file an appeal in accordance with this Chapter. The denial shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority.
(SCC 1754, 2/4/2025)
A.
Sidewalk vendors shall not hinder or obstruct the free passage of pedestrians along a sidewalk or block the entrance into any place of business. This includes maintaining a clear path of travel on the sidewalk of not less than five (5) feet wide in compliance with the Americans with Disabilities Act (ADA) that is free and clear of any obstacles including, but not limited to, tents, chairs, customer queuing, signage, pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other motorized or non-motorized conveyance, or merchandise.
B.
Sidewalk vendors are not permitted to locate on a sidewalk within the immediate vicinity of a construction zone or traffic-controlled area for construction purposes of any kind.
C.
Sidewalk vendors shall not obstruct vehicular and pedestrian visibility at intersections.
D.
Sidewalk vendors may not use lights, horns, or music as part of vending activity.
E.
Sidewalk vendors may not sell alcohol, lottery tickets, cannabis, tobacco, electronic cigarettes, adult-oriented materials, weapons, including knives, guns, or explosives, drugs of any kind, or any other merchandise prohibited by law from being vended from a stand.
F.
Stationary sidewalk vendors may not operate in residential zoning districts.
G.
A roaming sidewalk vendor engaged in sidewalk vending shall only stop for the time reasonably necessary to complete a transaction.
H.
Sidewalk vendors are not permitted to operate within the immediate vicinity of an area designated for a temporary use permit issued by the County for temporary use of, or encroachment on, a sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, events, or outdoor concerts. A prohibition of sidewalk vending pursuant to this subsection shall only be effective for the limited duration of the temporary use permit.
I.
No stationary sidewalk vendor may operate within the immediate vicinity of a County Park where another person has a concessionaire agreement with the County that exclusively permits the sale of food or merchandise by the concessionaire.
J.
Sidewalk vendors are not permitted to operate in areas within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet during the limited operating hours of that certified farmers' market or swap meet. A "certified farmers' market" 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. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
K.
Sidewalk vendors, unless exempt by State law, that sell food products shall provide garbage, recycling, and organics containers for patrons to dispose of waste materials. Sidewalk vendors that only sell merchandise shall at least provide, unless exempt by State law, garbage containers for patrons to dispose of solid waste. All sidewalk vendors shall ensure that the area is kept clean during hours of operation and upon leaving the location.
L.
All sidewalk vendors shall maintain sanitary conditions appropriate for the food and perishable items offered for sale, in compliance with all applicable state and county food and health regulations.
M.
Kiosks or stands shall not be left unattended, nor shall they be locked, chained, or otherwise secured to any pole, sign, tree, or other stationary object.
N.
Each sidewalk vendor shall maintain a clean and waste material-free vending area including the 10-foot radius from their stand. All waste material generated by the preparation or service of food products or other products shall be maintained within the stand until properly disposed of in a proper container. Sidewalk vendors are allowed to dispose of waste materials into proper containers (garbage, recycling, organics) provided by property owners with an approved, executed written agreement between the property owner and sidewalk vendor. Sidewalk vendors are prohibited from disposing of waste material in public waste material containers.
O.
Sidewalk vendors may operate only during the time similar to the hours of operation of nearby businesses on the same street. If operated in County parks, sidewalk vendors may operate only during the hours when the park is open to the public.
P.
Freestanding signs are prohibited. A vending cart may have signs advertising the sidewalk vendor and the products vended attached to the cart.
Q.
Sidewalk vendors shall not use or set up tables, chairs, or other structures, provided however, that a stationary vendor may use a stool or chair for personal use.
R.
Sidewalk vendors shall not serve customers who park a vehicle on the street, a sidewalk, a marked space for persons under the Americans with Disabilities Act (ADA) without a state-issued ADA placard or license plate, a pedestrian path, bicycle path, or any other place that would otherwise impede the flow of any type of traffic.
S.
Carts and Stands shall be self-contained, including any power sources. Sidewalk vendors shall not connect to or use any water, or an electricity source owned by the County or a private party without written authorization from the County or the private party. Gas powered generators are prohibited. Equipment for vending, including food preparation, must be contained within the cart. All secondary equipment such as gas-powered grills or barbeques shall be maintained in accordance with all state and local laws and regulations.
T.
A sidewalk vendor shall not vend on private property, unless otherwise authorized by law.
U.
A stationary sidewalk vendor shall not place a vending cart or vend, and a roaming sidewalk vendor shall not stop to vend, in any of the following locations due to the impact on the health, safety, or general welfare of the general public:
1.
Within twenty (20) feet of a marked crosswalk;
2.
Within twenty (20) feet of an unmarked crosswalk at the intersection of two streets;
3.
Within fifteen (15) feet of any crosswalk where a curb extension is present;
4.
Within fifteen (15) feet of any fire hydrant;
5.
Within five (5) feet ahead and forty-five (45) feet to the rear of a sign designating a bus stop;
6.
Within fifteen (15) feet of a driveway or driveway apron;
7.
Within one hundred (100) feet of an outdoor dining or patio dining area;
8.
Within eighteen (18) inches from the edge of the curb;
9.
Within the roadway of any street or highway;
10.
On a sidewalk having a slope greater than five (5) percent;
11.
In a location or manner where placement or operation endangers the safety of one or more people or creates a dangerous condition of property;
12.
Within two hundred (200) feet of the entrance to any library, police station, government administration building, fire station, school, childcare facility, or hospital;
13.
Within ten (10) feet of the entrance to any business during the hours that business is open to the public;
14.
Within two hundred (200) from a highway or freeway entrance;
15.
Within ten (10) feet of a bicycle rack;
16.
Within a bicycle path;
17.
Within a designated parking spot;
18.
Within the approach to or on a vehicle, bike or pedestrian bridge; or
19.
Upon a sidewalk marked for ADA parking or on top of truncated domes, warning tiles, or detectible warning pavers.
V.
Sidewalk vendors shall comply with all applicable laws and license requirements, including but not limited to noise regulations and public nuisance standards.
(SCC 1754, 2/4/2025)
A.
A sidewalk vendor who is issued a citation in violation of this section shall be subject to the following fines:
1.
Vending which violates a requirement of this section, other than failure to possess a valid sidewalk vendor permit:
a.
An administrative fine of one hundred dollars ($100) for a first violation.
b.
An administrative fine of one hundred fifty dollars ($150) for a second violation within one (1) year of the first violation.
c.
An administrative fine of two hundred dollars ($200) for each additional violation within one (1) year of the first violation.
d.
A sidewalk vendor permit may be revoked or suspended for the remainder of its term upon a fourth or subsequent violation.
2.
Vending without a valid sidewalk vendor permit:
a.
An administrative fine of two hundred fifty dollars ($250) for a first violation.
b.
An administrative fine of five hundred dollars ($500) for a second violation within one (1) year of the first violation.
c.
An administrative fine of one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.
3.
A violation occurring after twelve (12) consecutive months with no violation shall be considered a first violation.
4.
The administrative fines listed in this Section 4.55.040(A)(2) shall be reduced from two hundred fifty dollars ($250) to one hundred dollars ($100), five hundred dollars ($500) to one hundred fifty dollars ($150), and one thousand dollars ($1,000) to two hundred dollars ($200) upon obtaining a valid Sidewalk Vendor Business License from the Director within ten (10) calendar days of the citation issuance.
B.
Additional fines, fees, assessments, or any other financial conditions beyond those authorized by this section shall not be assessed. A violation of this Chapter shall not be punishable as an infraction or misdemeanor.
C.
When assessing an administrative fine pursuant to this Chapter, the Director shall take into consideration the person's ability to pay the fine. The Director shall provide the person with notice of their 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.
1.
If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the California Government Code, the Director shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.
2.
The Director may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
3.
The Director may request adequate documentation, including but not limited to a sworn statement from the sidewalk vendor, when an ability-to-pay determination is requested. If the requested documents are not provided to the Director, the Director may make a finding that the person does not qualify for an ability-to-pay determination.
(SCC 1754, 2/4/2025)
A.
A sidewalk vendor may request a hearing to contest the administrative fine, violation alleged, condition imposed, suspension or revocation, or the Director's determination on ability-to-pay pursuant to this Chapter. Any request for a hearing must be filed in writing with the Director within fifteen (15) calendar days of the issuance of the citation or notice of the final ability-to-pay determination, whichever applies. Failure to timely request a hearing constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.
B.
Hearing Date. The Director shall set the date for the hearing. The hearing dates shall be scheduled within thirty (30) days after the date on which the copy of the notice of appeal was submitted to the Director.
C.
Hearing Method.
1.
At the hearing, the contesting party shall be given the opportunity to testify and to present relevant evidence.
2.
The burden of proof shall rest with the County and shall be a preponderance of the evidence.
3.
The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearings; nor shall the formal rules of evidence in civil or criminal judicial proceedings be applicable.
4.
The Hearing Officer shall have the power to issue subpoenas in order to require the production of documents and persons, or both, at the hearing when relevant to the issues on appeal at the request of the appellant or the County, as applicable.
D.
At the conclusion of the hearing, the Hearing Officer shall prepare a written decision, which either grants or denies the appeal, and contains findings of fact and conclusions of law. The written decision, including a copy thereof, shall be filed with the Director not later than fifteen (15) days following the date on which the hearing is closed. The Director shall within five (5) days of the filing of such decision serve the applicant or licensee with notice of the written decision including a copy of such decision.
E.
The decision of the Hearing Officer is final. There shall be no right to appeal to the Board of Supervisors. The time for judicial review of that decision as well as preparation of the record of the administrative hearing is governed by Sacramento County Code, Chapter 1.06.
F.
All fines owed after the Hearing Officer's decision are due within thirty (30) days of issuance of the decision. The County may use all remedies available to collect any unpaid fee.
(SCC 1754, 2/4/2025)
A.
A Sidewalk Vendor Business License issued pursuant to this Chapter is not transferable.
B.
A Sidewalk Vendor Business License shall be valid for three hundred and sixty-five (365) days from the date of issuance. The holder of the license must submit a complete renewal request no later than thirty (30) days prior to the expiration of the current license. The applicant shall follow and be subject to all procedures and requirements imposed by this Chapter when reapplying.
D.
Each sidewalk vendor shall be required to obtain their own Sidewalk Vendor Business License. A licensed sidewalk vendor shall be authorized to operate only one stand.
E.
This section does not apply to and in no way authorizes any persons to engage in the vending of temporary concessions on private property.
(SCC 1754, 2/4/2025)