"Certified farmers' market"
means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 16 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"Compact mobile food operation"
means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
"Director"
means the Director of the City's Community Development Department or designee.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place 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, 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 in the public right-of-way.
"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.
(Ord. 1729, 1/21/2025)
A. 
Sidewalk Vendor Permit. No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the City without first obtaining a Sidewalk Vendor Permit pursuant to this chapter, except for the following:
1. 
Vendors operating in conjunction with an event approved through a Temporary Use Permit or Special Event Permit issued by the City;
2. 
Peddlers and solicitors, as separately regulated under Chapter 9.56;
3. 
No Sidewalk Vendor Permit shall be required if the vendor only sells, displays, solicits or offers for sale, barter or exchange any of the following:
a. 
Newspapers, leaflets, pamphlets, bumper stickers, or buttons.
b. 
Items which have been created, written, composed or otherwise produced by the vendor: Books, cassette tapes, compact discs, paintings, photographs or any other item that is inherently communicative and has nominal utility apart from its communication. Although an item may have some expressive purpose, it will be deemed to have more than nominal utility apart from its communication if it has a common and dominant non-expressive purpose. Examples of items that have more than nominal utility apart from their communication and thus may not be vended under the provisions of this section, include, but are not limited to, the following: housewares, appliances, articles of clothing, sunglasses, auto parts, oils, incense, perfume, lotions, candles, jewelry, toys, stuffed animals, foodstuffs and beverages.
B. 
Every permittee, upon receipt of a Sidewalk Vendor Permit, shall maintain the permit with the conveyance for which it is issued at all times of operation.
C. 
Upon demand of a City employee authorized to enforce this chapter, a person operating a vending conveyance shall present the Sidewalk Vendor Permit that is in effect for the permitholder.
D. 
All Sidewalk Vendor Permits are the property of the City and each shall authorize the operation of a single specific sidewalk vendor. It is unlawful for any person to sell or transfer, or attempt to sell or transfer, any Sidewalk Vendor Permit.
(Ord. 1729, 1/21/2025)
A. 
To apply for a Sidewalk Vendor Permit, a person must file an application with the Community Development Department, accompanied by a nonrefundable application fee. The application shall be in a form prescribed by the Director and shall contain, at a minimum the following:
1. 
The full legal name, business address, residential address, and telephone number of the sidewalk vendor.
2. 
Valid identification, such as a California driver's license, individual taxpayer identification number, Social Security number, or any other government-issued identification card.
3. 
The name and contact information of all persons that will be utilizing the conveyance for sidewalk vending.
4. 
Written evidence that the applicant is an owner, lessee or holder of a similar interest in the conveyance to be used for sidewalk vending.
5. 
A copy of the valid Yolo County Environmental Health Department Permit (including the Commissary Agreement) as applicable to food vendors, except when the sidewalk vending consists solely of 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked produce will be sold. If potentially hazardous food or cooked produce will be sold or the display area is greater than 25 square feet, the vendor must provide a copy of the Yolo County Environmental Health Department Permit issued to the vendor.
6. 
Proof of a valid City business license, or concurrent application for a City business license with the Sidewalk Vendor Permit application.
7. 
The name and contact information for the operator of the approved commissary as applicable to food vendors.
8. 
The address of the approved commissary as applicable for food vendors. The commissary shall be subject to a Zoning Clearance if located in the City of Woodland.
9. 
A commissary service plan, detailing the hours in which the sidewalk vendor will take their conveyance to the commissary to be serviced each day, as applicable to food vendors.
10. 
Whether the sidewalk vendor intends to operate as a stationary or roaming vendor.
11. 
If the vendor will be stationary, the application must include a site plan with the proposed location, marked by major cross streets, a photo or sketch of the location on an eight inch by eleven-inch sheet of paper, and the hours per day and the days per week during which the stationary sidewalk vendor proposed to operate at the location.
12. 
The address where the sidewalk vending conveyance will be parked and stored when not in use.
13. 
The type of food, goods, and/or merchandise the sidewalk vendor will vend.
14. 
Food vendors must provide a description of methods for ensuring adequate sanitation and waste management, such as dishwashing, handwashing, grease removal and liquid waste disposal, food storage and preparation, and potable water supply, as applicable.
15. 
A Certificate of General Liability Insurance in a form acceptable to the City Attorney, to be kept in force during the term of the permit. The insurance must have a minimum of $100,000.00 coverage and include public liability and bodily insurance. The insurance policy must name the City of Woodland, its officials and employees, as additional insureds. The policy must be endorsed by the state that coverage may not be suspended, voided, cancelled, or reduced in coverage or limits without 30 days prior written notice to the City.
16. 
Proof of Worker's Compensation insurance, as applicable.
17. 
Proof of a California Department of Tax and Fee Administration Seller's Permit.
18. 
Any additional licenses from other State or local agencies to the extent required by law.
19. 
An acknowledgement that the use of public property is at the sidewalk vendor's own risk and the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities.
20. 
Any other reasonable information regarding the time, place, and manner of the proposed vending.
(Ord. 1729, 1/21/2025)
The Sidewalk Vendor Permit application fee and renewal fee are hereby established and imposed. The City Council shall establish by resolution the amount of these fees, and any related penalties.
(Ord. 1729, 1/21/2025)
A. 
Except as provided in this section, a Sidewalk Vendor Permit shall be issued by the Director upon receipt of a complete application and payment of the permit fee, as specified in this chapter, and after the Director has:
1. 
Either based on the application and/or a physical inspection of the sidewalk vending conveyance and operation, the Director determines that the sidewalk vendor complies with this code and applicable State and County laws and regulations; and
2. 
Determined that the business location and vehicle storage location, if within the City, comply with applicable zoning regulations and other codes.
B. 
A Sidewalk Vendor Permit may be denied by the Director if the following findings are made:
1. 
The information submitted pursuant to Section 5.40.30 of this chapter is materially false or incomplete.
2. 
The application as proposed does not meet the requirements for sidewalk vendors, as specified in this chapter, at the discretion of the Director.
3. 
Within 12 months of the date of application, the applicant, any registered owner of the vending conveyance, or any person with a financial interest in the business that operates the vending conveyance, has had his or her Sidewalk Vendor Permit revoked.
4. 
A person with 10% or greater financial interest in the operation of the sidewalk vending business has been convicted of a crime, and the time for appeal has elapsed, irrespective of the entry of a subsequent order under Penal Code Section 1203.4; or has committed any act involving dishonesty, fraud, deceit, or moral turpitude with intent to substantially benefit him or herself, or another, or substantially injure another, or having the effect of substantially injuring another.
Provided, however, that the permit shall be denied upon any of the grounds specified in this subsection (B)(4) only if the Director finds that the crime or act is substantially related to the qualifications, functions or duties of a sidewalk vendor owner or owner of a business which operates vending vehicles or has substantial contact with minors.
However, no person shall be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under Penal Code Section 4852.01 et seq., or that he or she has been convicted of a misdemeanor if he or she has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering a petition under Penal Code Section 4852.01 et seq.
(Ord. 1729, 1/21/2025)
A. 
All Sidewalk Vendor Permits shall expire one year from their date of issuance. The corresponding City business license shall coincide and expire concurrently with the Sidewalk Vendor Permit. Applications for renewal shall be filed between 90 and 30 days before their date of expiration.
B. 
If a timely and complete application for renewal is filed, the permit's expiration shall be stayed until a decision on the renewal application is issued. The Director shall either approve or deny the renewal of the permit within 30 calendar days of receipt of the complete application. The Community Development Director may extend the time for consideration of the application for up to an additional 30 calendar days upon written notice to the applicant. The failure of the Community Development Director to timely act shall constitute approval of the renewal of the permit.
C. 
Applications for Sidewalk Vendor Permit renewal require the following:
1. 
Completed Sidewalk Vendor Permit Renewal Form.
2. 
Copy of current Yolo County Environmental Health permit, if applicable.
3. 
Current Certificate of General Liability insurance.
4. 
Verification of the vending location for stationary sidewalk vendors.
5. 
Payment of the nonrefundable renewal fee in an amount set by resolution of the City Council.
D. 
Upon application for Sidewalk Vendor Permit renewal, an inspection of the sidewalk vending operation may be required to verify compliance, at the discretion of the Director.
E. 
Failure to timely submit a renewal application prior to expiration of the permit shall result in permit expiration. Should a Sidewalk Vendor Permit expire, the vendor who was the permitholder shall be required to submit a complete new application for a Sidewalk Vendor Permit.
(Ord. 1729, 1/21/2025)
No permit granted pursuant to this chapter shall be transferable. Any change in ownership or operation of a sidewalk vending conveyance requires a new permit under this chapter. In the event the holder of any Sidewalk Vendor Permit sells or otherwise transfers the conveyance or operation to another person or entity, the permit holder shall notify the City to close the permit within five days of the sale, transfer, or of cease of operations.
(Ord. 1729, 1/21/2025)
A. 
Stationary sidewalk vendors are prohibited in areas that are zoned exclusively for residential use. This prohibition does not extend to roaming sidewalk vendors.
B. 
Stationary sidewalk vending is prohibited in areas with no sidewalks or with narrow sidewalks where the sidewalk vendor's operation cannot still leave a minimum of 48 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway.
C. 
Roaming sidewalk vending is prohibited in areas with no sidewalks. Roaming vendors may not place or allow any obstruction that would reduce the width of the sidewalk to less than 48 inches, except for the brief duration of time to conduct a sale.
D. 
Vending Prohibited in Certain Parks. Stationary sidewalk vendors are prohibited from vending in parks where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. Stationary sidewalk vendors and roaming sidewalk vendors may vend in parks that do not have signed agreements for exclusive food or merchandise concessionaires if they comply with all the requirements of this chapter.
E. 
Vending Prohibited Near Farmers' Markets. Sidewalk vendors are prohibited within 600 feet of a permitted certified farmers' market during the limited operating hours of that certified farmers' market.
F. 
Vending Prohibited Near Swap Meets. Sidewalk vendors are prohibited within 600 feet of a permitted swap meet during the limited operating hours of that swap meet.
G. 
Vending Prohibited Near Temporary Special Events. Sidewalk vendors are prohibited within 600 feet of an area designed for a temporary special event for the limited duration of the Special Event Permit, as issued pursuant to Chapter 12.40 of the City of Woodland Municipal Code.
H. 
No sidewalk vendor shall vend in any of the following locations:
1. 
Within 100 feet of:
a. 
A police officer, firefighter, lifeguard, or emergency service personnel actively performing their duties or providing service to the public;
b. 
A freeway on-ramp or freeway off-ramp;
c. 
Another sidewalk vendor, unless otherwise approved by the Director.
2. 
Within 25 feet of:
a. 
Any traffic intersection;
b. 
Any driveway, entrance to a parking lot, or alley approach;
c. 
A street corner, marked crosswalk, or curb return of any unmarked crosswalk;
d. 
A traffic signal, traffic signal controller, or emergency facility;
e. 
A fire hydrant or fire call box;
f. 
A curb painted white, yellow, green, blue, red, or signed for no parking;
g. 
A bus stop, bus shelter, or bus bench;
h. 
The entrance, exit, or emergency exit to a building, structure, or facility.
3. 
Within 15 feet of:
a. 
An automated teller machine.
I. 
Sidewalk vending is prohibited in whole or in part on a street, alley, bicycle lane, Class I path, roadway median, crosswalk, freeway on-ramp, or other location that may interfere with vehicle or bicycle traffic and create a hazard for vendors and customers.
J. 
The issuance of a Sidewalk Vendor Permit does not provide an exclusive right to operate within any specific portion of the public right-of-way or any public property.
K. 
Sidewalk Vending Operation Storage.
1. 
Sidewalk vending operations must be stored at the approved commissary, as applicable for food vendors.
2. 
Up to two compact mobile food operations or other nonmotorized vending conveyances may be stored on a residential property if stored behind a fence line, inside a garage, or otherwise not visible from the public right-of-way. No other nuisance, odor, or noise shall be caused by the storage of a vending conveyance. A clear description of the storage location and proof of inspection and approval by the Yolo County Environmental Health Department must be provided with the Sidewalk Vendor Permit application for each conveyance.
(Ord. 1729, 1/21/2025)
A. 
A copy of the Sidewalk Vendor Permit and the permit from the Yolo County Environmental Health Department, as applicable for food vendors, shall be always posted in a location that is clearly visible to patrons of the vendor and City staff.
B. 
Sidewalk vendors shall immediately move to provide access to the sidewalk if necessary, to avoid impeding the movement of pedestrians or other traffic. Sidewalk vendors must allow persons to freely pass while walking, running, or using mobility assistance devices and to comply with the Americans with Disabilities Act of 1990 (Public Law 101336) and any other disability access standards.
C. 
All food, goods, and merchandise must be stored inside or affixed to the sidewalk vending operation or carried by the sidewalk vendor.
D. 
No food, goods, merchandise, signage, equipment, or other possessions of the sidewalk vendor shall be stored on public property.
E. 
No food, goods, merchandise, or signage of the sidewalk vendor shall be displayed on the ground or on public use items, including but not limited to, benches, tables, and utility infrastructure.
F. 
Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of any trash or refuse generated by the vending operations or the vendor's customers within a 15 foot radius of the vending location.
G. 
Sidewalk vendors shall immediately clean up any food, grease, or other fluid or items related to vending activities that falls on public property.
H. 
Sidewalk vending operations shall not 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 in the public right-of-way.
I. 
Sidewalk vending operations shall not be left unattended and shall be removed from public property when not in active use by a sidewalk vendor.
J. 
Sidewalk vendors shall return to the approved commissary at least once daily to dispose of waste, clean, and service the facility, as applicable to food vendors. The mobile vendor may be required to keep a visit log recording the date and time of each visit may be required to be kept at the approved commissary, at the request of the Director.
K. 
Operations must be self-contained, including any power, fuel, cooling, cooking, shading, and heating equipment. Vending conveyances shall not contain or use explosive or hazardous materials, with the exception of propane.
L. 
Sidewalk vendors may not attach or use water lines, electrical lines, or gas lines for their vending operation.
M. 
Sidewalk vendors may not use any electrical outlet owned by the City or any other person. Power cords or extension cords across the sidewalk or other public right-of-way are prohibited.
N. 
Sidewalk vendors shall not directly vend goods/merchandise from a car or personal vehicle that does not have the primary purpose of vending.
O. 
Sidewalk vendors shall not vend to any person traveling in a motor vehicle along a public roadway.
P. 
Vending operations may not be placed on and sidewalk vendors may not stand on areas improved with flowers, shrubs, street trees, or other landscaping.
Q. 
No vendor shall outcry, ring bells, play chimes, play an amplified music system, or make any other noise prohibited in Section 9.28.090.
R. 
Sidewalk vendors shall not have any site furniture, including chairs, tables, shade structures, or signage outside of the sidewalk vending operation.
S. 
Sidewalk vendors must organize customer queuing in a manner that interferes with pedestrian safety or the flow of traffic.
T. 
The vendor shall not utilize any equipment or methods that constitute a fire hazard, as determined by the City of Woodland Fire Marshal.
U. 
Stationary sidewalk vendors who operate outside of daylight hours shall provide adequate lighting that may be necessary to ensure customer safety. Lighting shall be directed downwards and away from adjacent properties.
V. 
Roaming vendors shall move continuously, except when conducting a sale, which must last no more than 30 minutes.
W. 
Prohibited Sales. Sidewalk vendors shall not sell or offer any of the following:
1. 
Alcohol, cannabis, tobacco, or pharmaceutical products, products that contain nicotine, any product or device used to smoke/vape nicotine or cannabis;
2. 
Fireworks;
3. 
Adult-oriented materials;
4. 
Any weapons, including knives, guns, explosive devices, or BB devices or imitation firearms;
5. 
Live animals, wildlife, fish, fowl, or insects;
6. 
Any type of rental activity, including the rental of any goods and services; and
7. 
Automobile and vehicle services except car washing and windshield repair conducted in compliance with applicable stormwater control requirements.
(Ord. 1729, 1/21/2025)
A. 
A violation of this chapter by a sidewalk vendor who has a valid Sidewalk Vendor Permit from the City is punishable only by an administrative fine in the following amounts:
1. 
$100.00 for the first violation.
2. 
$200.00 for the second violation within one year of the first violation.
3. 
$500.00 for each additional violation within one year of the first violation.
4. 
The Director may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
B. 
A person engaged in sidewalk vending without a valid City sidewalk vending permit is punishable by an administrative fine in amounts not to exceed the following:
1. 
$250.00 for the first violation.
2. 
$500.00 for the 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 Vendor Permit issued by the City, the administrative fines set forth in this subsection shall be reduced to amounts set forth in subsection A, as required for sidewalk vendors with a valid Sidewalk Vendor Permit.
C. 
Failure to pay an administrative fine pursuant to this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized shall not be assessed.
D. 
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.
E. 
Should the Director rescind a Sidewalk Vendor Permit, written notice of the action shall be sent to the permitholder. Such notice shall contain a brief statement of the grounds to be relied upon for rescinding such permit. Notice may be given either by personal delivery to the persons to be notified, or by depositing the notice in the U.S. mail in a sealed envelope, postage prepaid, addressed to the persons to by notified at the address appearing in the Sidewalk Vendor Permit. Upon the Director's rescinding of the permit, the permit shall be null and void.
F. 
When assessing an administrative fine pursuant to this section, the Director 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 judgement 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 Government Code Section 68632, the local authority shall accept, in full satisfaction, 20% of the administrative fine imposed pursuant to this chapter.
2. 
The City 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.
G. 
All appeals of administrative fines, citations, and/or permit rescission under this section must be made in compliance with the requirements and procedures of Section 5.44.110 through 5.44.130.
(Ord. 1729, 1/21/2025)