For the purpose of this article, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Certified farmers' market"
means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agriculture Code and any regulations adopted pursuant to that chapter.
"Compact mobile food operations" or "CMFOs"
means a mobile food facility (as defined below) that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
"Cottage food operation"
means as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than one full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged as further defined by the California Retail Food Code.
"County Health Department"
means the Department of Public Health for the County of Los Angeles.
"Director"
means the Director of Finance or designated representative.
"Limited Food Preparation"
means permitted food preparation activities "in the field" rather than at a commissary, to include such activities as: 1) slicing and chopping of non-potentially hazardous fruits and vegetables; 2) pre-cooked food in an approved kitchen and "hot-holding" or "cold-holding" that food prior to service from a vending cart; 3) re-heating food that was previously prepared in an approved kitchen. And as thereafter defined in Section 113818 of the California Health and Safety Code.
"Mobile Food Facility"
means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.
"Motorized conveyance"
shall mean a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other conveyance with any form of non-human-assisted propulsion.
"Nonmotorized conveyance"
shall mean a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance which solely uses human power for movement.
"Owner"
means any person who owns, operates, controls, manages, or leases one or more nonmotorized conveyance for the purpose of vending food or merchandise, including the vending of food or merchandise from one's person and:
(a) 
Conducts, permits or causes the vending of food or merchandise from a nonmotorized conveyance, or from one's person; or
(b) 
Contracts with persons to vend food or merchandise from a nonmotorized conveyance, including the vending of food or merchandise from one's person.
"Person"
means and includes all person or persons, domestic and foreign corporations, limited-liability company, associations, syndicates, joint-stock corporations, partnerships of every kind, clubs, trusts, Massachusetts business, or common law trusts, societies, and individuals transacting and carrying on any business in the City.
"Roaming sidewalk vendor"
shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Sidewalk vendor"
shall be defined in accordance with subsection (a) of Government Code Section 51036 and shall mean a person who vends 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. It should be note that pursuant to Senate Bill 972 (Gonzalez), and for the purposes of this article, a sidewalk vendor is now categorized by State food laws as "compact mobile food operations" (or "CMFOs"), which means they are subject to separate standards designed especially for vendors.
"Sidewalk vendor permit"
shall mean the permit issued by the Director to any person operating as a sidewalk vendor for the purpose of vending food or merchandise. Such permit shall also include the inspection of the nonmotorized conveyance. Such permit shall be issued in accordance with Article 18, chapter 1, Title 3 of this Code.
"Stationary sidewalk vendor"
shall mean 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 Business and Professions Code, and any regulations adopted pursuant to that article.
"Vend" or "vending"
means offering food, beverage, or product of any kind for sale from one's person or nonmotorized conveyance, whether moving or standing.
(§ 2, Ord. 351-NS, eff. August 15, 1983, as amended by § 2, Ord. 2018-970, eff. December 4, 2018, § 2, Ord. 2018-971, eff. December 18, 2018; Ord. 2025-04, eff. April 16, 2025)
(a) 
No person, owner, sidewalk vendor or CMFOs operating from an individual shall conduct any food preparation (aside from activities defined as "limited food preparation" pursuant to Section 113818 of the California Health and Safety Code) or offer for the sale any food product which is not packaged at a pre-approved facility or whole produce, as designated by the county health department.
(b) 
No person, owner, sidewalk vendor or CMFOs shall cause or allow more than two sidewalk vendors to assemble, gather, collect, or otherwise join for any purpose on any sidewalk or other pedestrian path within 20 feet from each other per City block.
(c) 
No person, owner, sidewalk vendor or CMFOs shall engage in vending within 300 feet of any school property or church.
(d) 
Persons, owners, sidewalk vendors or CMFOs shall not be located for purposes of offering products for sale in any location:
(1) 
Which creates an unreasonable obstruction to the normal flow of vehicular or pedestrian access;
(2) 
Within 10 feet of any intersection, driveway, or building entrance;
(3) 
In any space designed for vehicular travel, parking, stopping, or loading; or
(4) 
Which blocks manholes, fire hydrants, utility access, and vents.
(e) 
No person, owner, sidewalk vendor or CMFOs shall engage in vending within 50 feet of another restaurant.
(f) 
No person, owner, sidewalk vendor or CMFOs shall vend before 9:00 a.m., or later than 6:00 p.m. during periods of standard time, or later than 8:00 p.m. during periods of daylight saving time in areas zoned exclusively for residential (i.e., Low-Density Residential ("R-L"), Medium-Density Residential ("R-M"), and High-Density Residential ("R-H")).
(g) 
No person, owner, sidewalk vendor or CMFOs shall vend as a stationary sidewalk vendor in City areas zoned exclusively for residential (i.e., Low-Density residential ("R-L"), Medium-Density Residential ("R-M"), and High-Density Residential ("R-H")).
(h) 
No person, owner, sidewalk vendor or CMFOs shall vend as a stationary sidewalk vendor in public parks in which the City has entered into an exclusive agreement for concessions that permits the sale of food or merchandise by the concessionaire(s). Notwithstanding, vending machines installed and operated pursuant to an executed contract between the City and a contractor shall be authorized in public parks and on public property. The City Council in its discretion may enter into agreement(s) or franchise(s) for the exclusive selling or offering for sale of food or merchandise within any public park and on public property.
(i) 
No person, owner, sidewalk vendor or CMFOs shall engage in the act of sidewalk vending within the immediate vicinity (i.e., 1,000 feet) of a permitted certified farmers' market or permitted swap meet during the limited operating hours of that certified farmers' market or swap meet.
(j) 
No person, owner, sidewalk vendor or CMFOs shall engage in the act of sidewalk vending within the immediate vicinity (i.e., 1,000 feet) of an area designated for a special event permit pursuant to Chapter 13, Title 5 of this Code, provided that any notice, business interruption mitigation, or other rights provided to affected business or property owner are also provided to sidewalk vendors specifically permitted to operate in the area, if applicable.
(k) 
No person, owner, sidewalk vendor or CMFOs shall engage in the act of sidewalk vending with a motorized conveyance.
(l) 
No person, owner, sidewalk vendor or CMFOs shall engage in the act of sidewalk vending while using a portable generator.
(m) 
No person, owner, sidewalk vendor or CMFOs shall engage in the act of sidewalk vending with a nonmotorized conveyance with dimensions larger than 48 inches in width, and 96 inches in height.
(n) 
No person, owner, sidewalk vendor or CMFOs shall engage in the act of sidewalk vending other than on the sidewalk portion of the right-of-way where a sidewalk exists.
(o) 
No person, owner, sidewalk vendor or CMFOs shall vend under shaded structures, awnings, gazebos, and bandshell in City parks, except as authorized by a franchise.
(p) 
No person, owner, sidewalk vendor or CMFOs shall take a nonmotorized conveyance off non-concrete surfaces in City parks.
(§ 2, Ord. 351-NS, eff. August 15, 1983, as amended by § 2, Ord. 357-NS, eff. May 2, 1984, § 2, Ord. 2018-970, eff. December 4, 2018, § 2, Ord. 2018-971, eff. December 18, 2018, § 2, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
(a) 
All food displayed, sold, or offered for sale by sidewalk vendors or CMFOs must be in a manner approved for sale in accordance with California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code).
(b) 
Unless otherwise exempt by applicable law, each sidewalk vendor or CMFOs shall display in plain view the sidewalk vendor permit, and any permit required by State and County laws (i.e., County Health Department sticker issued in accordance with California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code)).
(c) 
Sidewalk vendors or CMFOs and other compact mobile food operations with 25 square feet or less of display area that sell only bagged snacks, cans of soda, bottled water, whole fruits and vegetables, canned goods that do not need refrigeration, and other similar foods are exempt from the requirement to obtain a health permit from the County Health Department. An exempt vendor under this paragraph is still subject to inspection by the applicable local enforcement agency during the facility hours of operation and other reasonable times on the basis of a consumer complaint or just cause.
(d) 
For the purpose of determining compliance with State and local laws, persons, owners, sidewalk vendors or CMFOs that are not exempt as specified in subsection (b) herein are subject to permitting and routine inspection or inspections on the basis of a consumer complaint or just cause. The applicable local enforcement agency may recover the cost of investigation and enforcement of this subsection, subject to any limitations in this part on fines issuable to CMFOs.
(e) 
The only signs used in conjunction with street vending shall be signs affixed to or painted on the nonmotorized conveyance or its canopy, or on one's person.
(f) 
A trash receptacle shall be provided in or on the nonmotorized conveyance. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on City sidewalks.
(g) 
No noise-making devices shall be used in conjunction with sidewalk vending except one bell with maximum diameter of two inches.
(h) 
Sidewalk vendors or CMFOs must remain in compliance with all State, County and local laws.
(i) 
No nonmotorized conveyance may be left on the sidewalk, on public property, or in the public right-of-way unattended outside of the sidewalk vendor's operating hours. Nonmotorized conveyances may not be chained or fastened to any pole, sign, tree or other object in the public right-of-way or left unattended. Unattended nonmotorized conveyances will be impounded for safekeeping. A fine shall not be imposed for said impoundment. A nonmotorized conveyance shall be retrieved by contacting the Public Works Division.
(j) 
Notwithstanding any specific prohibitions in this subsection, no sidewalk vendor or CMFOs shall place a nonmotorized conveyance where placement endangers the safety of persons or property.
(k) 
Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.
(l) 
CMFOs that are approved for limited food preparation that prepare raw meat, raw poultry, or raw fish are subject to warewashing and handwashing facility requirements as outlined in Chapter 10 (commencing with Section 114294 of the California Health and Safety Code) unless: (i) the CMFO can demonstrate access to a permitted auxiliary conveyance containing the necessary handwashing and warewashing sinks when operating at a site-specific location; and (ii) meets all other requirements under Section 114368.4.
(m) 
CMFOs that are approved for limited food preparation that do not prepare raw meat, raw poultry, or raw fish shall maintain a handwashing sink as specified in subsections (c) through (g) of Section 114368.4 of the California Health and Safety Code.
(§ 2, Ord. 2018-970, eff. December 4, 2018, as amended by § 2, Ord. 2018-971, eff. December 18, 2018; Ord. 2025-04, eff. April 16, 2025)
(a) 
Sidewalk Vendor Use of Existing Approved Kitchen Spaces. The County Health Department may approve existing permitted food facilities, such as restaurants, any kitchen facility used as a commissary, as well as any church, school, library, community center and other facilities with commercial grade kitchens to prepare non-potentially hazardous foods to be served from sidewalk vendors or CMFOs.
(b) 
A home being used as a cottage food operation or a microenterprise home kitchen operation may serve as a food preparation and storage space for a compact mobile food operation if the County Health Department deems the cottage food operation to have adequate facilities to support the compact mobile food operation. No more than two compact mobile food operations can be stored in a private home unless specifically approved by the County Health Department.
(c) 
Food prepared in a private home shall not be used or offered for sale at CMFOs unless it is a permitted cottage food operation or microenterprise home kitchen operation pursuant to subsections (a) and (b) herein.
(Ord. 2025-04, eff. April 16, 2025)
No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within the City without first applying for and receiving a permit from the Director in the manner provided for in Article 18 of Chapter 1 to Title 3 of this Code.
(§ 2, Ord. 2018-970, eff. December 4, 2018, as amended by § 2, Ord. 2018-971, eff. December 18, 2018, § 2, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
The penalties set forth in Chapter 2 of Title 1 and Section 3-1.1818 of Article 18, Chapter 1, Title 3 of this Code shall not apply for violations of this article. Any person violating any provision of this article shall be punished as follows:
(a) 
Vending without a sidewalk vendor permit as required by this article shall be punishable by the following:
(1) 
An administrative fine not exceeding $250 for a first violation;
(2) 
An administrative fine not exceeding $500 for a second violation within one year of the first violation;
(3) 
An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
(b) 
Except as otherwise provided in subsection (a) herein, any violation of this article shall be punishable by the following:
(1) 
An administrative fine not exceeding $100 for a first violation;
(2) 
An administrative fine not exceeding $200 for a second violation within one year of the first violation;
(3) 
An administrative fine not exceeding $500 for each additional violation within one year of the first violation.
(c) 
The Director or designee may revoke a permit issued to a sidewalk vendor or CMFOs for the term of that permit upon the fourth violation or subsequent violations. The revocation, notice, hearing and appeal procedures set forth in Article 18, Chapter 1, Title 3 shall apply to revoke a permit under this subsection.
(d) 
Upon proof of a valid sidewalk vendor permit issued by the City, the administrative fines set forth in subsection (a) shall be reduced to the administrative fines set forth in subsection (b) herein.
(e) 
Failure to pay an administrative fine pursuant to subsections (a) and (b) of this section shall not be punishable as an infraction or misdemeanor.
(f) 
When assessing administrative fines pursuant to subsections (a) and (b) of this section, the Director or designee shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions for requesting an ability-to-pay determination. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, as determined by the Director or designee, the City shall accept, in full satisfaction, 20% of the administrative fine imposed pursuant to subsection (a) herein. The person may request said ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.
(g) 
The Director or designee may allow a person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition for violations of subsection (a) herein.
(§ 2, Ord. 351-NS, eff. August 15, 1983, as amended by § 2, Ord. 357-NS, eff. May 2, 1984, § 2, Ord. 2018-970, eff. December 4, 2018, § 2, Ord. 2018-971, eff. December 18, 2018, § 2, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
(a) 
Any permit may be revoked by the Director for good cause shown, including but not limited to any of the following reasons:
(1) 
Falsifying of any information supplied by the sidewalk vendor or CMFO upon which issuance of the permit was based.
(2) 
Failure of the permittee, or any employees or subcontractors of the permittee, to comply with the regulations set forth in this article or under any applicable law.
(3) 
A threat of harm to public health, safety or welfare resulting from sidewalk vending activities of the permittee, including, but not limited to, County Health Department citations/complaints due to foodborne illness stemming from sidewalk vending activities or failure to comply with applicable laws.
(4) 
Upon a fourth violation or a subsequent violation of any requirement of this article.
(b) 
Notice of intent to revoke a permit, with any and all specific grounds for revocation, shall be served in writing no less than 30 calendar days before revocation to the address listed in the application or to any subsequent address provided to the City by the permittee. The notice of intent to revoke a permit shall include a date, time, and address for a hearing before the Community Development Director where the permittee shall have an opportunity to present evidence as to why their permit should not be revoked.
(c) 
No person, owner, sidewalk vendor or CMFO whose permit is revoked shall be eligible to apply for a new permit until the expiration of the term of the rescinded permit.
(Ord. 2025-04, eff. April 16, 2025)
(a) 
Any person, owner, sidewalk vendor or CMFO whose permit has been denied or revoked may appeal such decision by filing a written notice of appeal with the City Clerk within 10 days following the date of service of the decision and payment of the appeal fee, which fee shall be established by resolution of the City Council. The date of filing shall be the date the City Clerk receives the notice and appeal fee. The notice of appeal shall fully set forth the grounds upon which the appeal is based.
(b) 
Upon receipt of a timely notice of appeal, a Hearing Officer shall hear such appeal within 30 days following the date of such notice of appeal and shall give the appellant not less than five days advance notice of the date of such hearing. The decision of the Hearing Officer shall be based upon the criteria set forth in this article. The appellant shall be notified of the decision of the Hearing Officer by mauled notice. The decision of the Hearing Officer shall be final. No revocation or denial of a permit pursuant to this article shall be deemed final or effective during the pendency of a timely filed appeal until the date of mailing of the Hearing Officer's decision affirming such revocation or denial.
(Ord. 2025-04, eff. April 16, 2025)