Chapter 5.82 — SIDEWALK VENDORS

Sections:

5.82.010 Purpose

5.82.020 Definitions

5.82.030 Permits Required; Fees

5.82.040 Regulation of Sidewalk Vendors

5.82.050 Exceptions

5.82.060 Violations and Penalties

5.82.070 Ability-to-Pay Determination

It is the purpose and intent of Chapter 5.82 to comply with state legislation decriminalizing sidewalk vending and to provide important entrepreneurial and economic opportunities by allowing sidewalk vending in city parks and on public sidewalk and other paved pedestrian paths. It is a further purpose and intent of this Chapter 5.82 to regulate sidewalk vending in order to protect the health, safety and welfare of the residents of Adelanto in a manner consistent with state law. In order to meet these objectives, business licenses and sidewalk vending permits shall be required to vend in city parks, on sidewalks, or on other paved public pedestrian paths. The provisions of this Chapter 5.82 are in addition to any permits, licenses and approvals which may be required to conduct business in the City, and in addition to any permits, licenses and approval required under state, county or other law.

[Ord. No. 632, 7/13/22.]

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A. “Food item” shall mean all food and drink intended for human consumption.

B. “Public right-of-way” shall mean any public sidewalk or any public property within the City.

C. "Roaming sidewalk vendor" shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction, and includes, but is not limited to pushcarts.

D. “Sidewalk vendor” shall mean a person who sells food or merchandize from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon public street, public right-of-way, or public property.

E. “Stationary sidewalk vendor” shall mean a sidewalk vendor who vends from a fixed location.

[Ord. No. 632, 7/13/22.]

A. It is unlawful for any person to engage in or employ any person to engage in the business of sidewalk vending without first obtaining and maintaining a sidewalk vending permit pursuant to this Chapter 5.82 to conduct such business.

B. Fees for such permits shall be in an amount determined by resolution.

C. To apply for a sidewalk vending permit, an applicant must provide:

1. A completed application form containing:

a. The applicant’s name and mailing address;

b. A description of the merchandise offered for sale or exchange;

c. Although applicant shall not be restricted to a proposed area of operation, the applicant shall submit a proposed area of

operation with reference to street and other identifying landmarks;

d. If applicable, the name of any business entity the applicant works for or with;

e. Certification that the information in the application is true; and

f. Agreement to comply with all provisions of this chapter and all applicable provisions of this code.

2. A copy of the applicant’s California driver’s license or identification number, individual taxpayer identification number, social

security number, federal identification number, or other identification number issued by a foreign government.

3. If vending food, a copy of a valid health permit issued by the County of San Bernardino.

4. Copies of all other applicable required licenses and permits.

D. Permits must be renewed on an annual basis.

E. Up to five (5) permits may be issued to any one (1) person. Each sidewalk vendor permit shall only permit the operation of one (1) sidewalk vendor at any one (1) time. A sidewalk vendor permit is not transferrable to another person.

F. The Director of Development Services or their designee may suspend or revoke any permit issued pursuant to this chapter for any of the following reasons:

1. Revocation, suspension, or nonrenewal of the required San Bernardino County Health Department permit, if applicable for food

vendors.

2. Upon the fourth violation or subsequent violations of the regulations set forth in thisChapter 5.82.

G. The issuance of a sidewalk vending permit does not authorize otherwise unlawful activities and does not exempt permittees from complying with other applicable regulations.

[Ord. No. 632, 7/13/22.]

A. Sidewalk vendors shall have a valid permit from the San Bernardino Department of Public Health Division of Environmental health operating permit for food sales, except where the County does not issue permits for the type of sidewalk vending operating by the vendor. The revocation of a County permit shall result in the automatic suspension of the sidewalk vending permit issued by the City.

B. Sidewalk vendors shall display their City-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way.

C. Sidewalk vendors shall not display items for sale on the ground. Sidewalk vendors shall only display their merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.

D. All vendor conveyances shall be maintained in a clean and working state.

E. Sidewalk vendors shall maintain a clean selling area, provide a means for patrons to dispose of trash, and haul away all trash generated by his or her operation. Every sidewalk vendor shall provide a refuse container with a capacity of at least five (5) gallons. Sidewalk vendors shall dispose of trash at vendor’s own place of business or residence; sidewalk vendors shall not place trash in public trash cans or in a private trash can not related to the sidewalk vendor’s operation.

F. Sidewalk vendors shall not use any signs in connection with the sale, display or offering for sale of items, except for those signs affixed to or painted on the sides or canopy of the pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-

motorized conveyance.

G. Sidewalk vendors using electricity must do so only through the use of a generator or battery pack which may be contained on the floor, the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance. Sidewalk vendors shall not use extension cords to connect to a power source not contained on the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

H. Sidewalk vending must be contained to the sidewalk vending cart. Sidewalk vendors may not augment operations by setting up accessories, equipment, tables, chairs, or stools near the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.

I. Sidewalk vending is limited to the hours of 7:00 a.m. and 11:00 p.m.

J. Stationary sidewalk vendors are prohibited from operating in areas that are zoned as exclusively residential, except for major intersections. Stationary sidewalk vendors may operate in mixed-use areas and non-conforming residential structures so long as they operate adjacent to a permitted commercial use. Roaming sidewalk vendors operating in areas that are zoned as exclusively residential shall stop only to complete transactions.

K. Sidewalk vendors shall not sell, display, or offer to sell items in the following:

1. Within six hundred (600) feet of the Police Department or Fire Station.

2. Within five hundred (500) feet of a permitted swap meet, or any area subject to a City-issued special event permit for the duration

of the permit.

3. On a center divider, a landscaped center median or landscaped parkway.

4. Within twenty-five (25) feet of another vendor, measured on the same side of any public right-of-way.

L. To maintain accessibility standards for the City’s residents with disabilities, every sidewalk vendor operating on public property or in the public right-of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk to less than forty-eight (48) inches, exclusive of the top of the curb. No obstruction shall be in a sidewalk or public right-of- way less than six (6) feet in width when the sidewalk is adjacent to the curb.

M. A stationary sidewalk vendor may not occupy more than fifteen (15) square feet on public property or in the public right-of-way.

N. Vending of counterfeit merchandise is prohibited.

O. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of public property of public right-of-way. No person shall attempt to reserve any portion of any public property or public right-of-way exclusively for his or her operation.

P. Sidewalk vendors shall not leave or maintain any accessories, equipment, or objects used for sidewalk vending purposes on public property or in any portion of the public rightof-way after sunset or before sunrise. Any equipment or objects left overnight on public property or in any portion of the public right-of-way will be considered discarded and may be disposed of by the City.

Q. Sidewalk vendors shall not engage in vending in such a manner as to cause onlookers, customers, or others to obstruct the free flow, access, or view of pedestrian or vehicular traffic.

R. Sidewalk vendors shall not operate in traffic intersections, streets, street medians, or street dividers.

S. Sidewalk vendors shall not stop, operate, or vend within fifty (50) feet of any intersection.

T. Sidewalk vendors shall not stop, operate, or vend within twenty-five (25) feet of any red curb or fire lane.

U. Sidewalk vending in City parks is limited to sidewalks and other paved areas within the park.

V. Sidewalk vendors shall be prohibited from selling food or merchandise at public parks where the City has entered into an agreement for the exclusive sale of food or merchandise with a particular concessionaire.

[Ord. No. 632, 7/13/22.]

The City Manager may issue, upon application, temporary street vending permits to be valid for no longer than the period designated in the special event permit issued by the City. Notwithstanding the provisions of this chapter, such temporary permits may authorize sale of non-food items.

[Ord. No. 632, 7/13/22.]

A. Every person vending without a sidewalk vending permit or violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. One hundred dollars ($100.00) for a first violation; or

2. Two hundred dollars ($200.00) for a second violation within a period of twelve (12) consecutive calendar months of the first

violation; or

3. Five hundred dollars ($500.00) for each additional violation within a period of twelve (12) consecutive calendar months of the first

violation.

B. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any

other financial conditions beyond those authorized will not be assessed. However, the City may levy a lien on the violator’s real or personal property, including the vehicle used for vending purposes.

[Ord. No. 632, 7/13/22.]

A. Any fine issued under Section 5.82.060 will be accompanied with a notice of an instruction regarding the right to request an ability- to-pay determination.

B. If the requestor is receiving public benefits under Government Code section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five percent (125%) or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Community Development Director or his or her designee will limit the total amount of the requestor’s administrative fine to twenty percent (20%) of the total and may:

1. Allow the person to complete community service in lieu of paying the total administrative fine; or

2. Waive the administrative fine; or

3. Offer an alternative disposition.

[Ord. No. 632, 7/13/22.]