Alhambra Municipal Code Ch. 5.25 Sidewalk Vending Program

The purpose of this chapter is to establish a sidewalk vending program within the boundaries of the city while maintaining regulations that are directly related to the objective health, safety, and welfare of the city.

(Ord. 4770, passed 8-10-20)

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

CART. Any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, and includes a stationary cart or a mobile cart.

CITY. The City of Alhambra and/or designated staff.

DIRECTOR. The Director of the City’s Community Development Department.

FOOD. Any type of edible substance or beverage.

GOODS or MERCHANDISE. Any item that is not food.

HEALTH DEPARTMENT. The Los Angeles County Department of Public Health.

LICENSE. A sidewalk vending license issued in accordance with this chapter.

MOBILE CART. A pushcart, pedal-driven cart, wagon, or other non-motorized conveyance used by a roaming sidewalk vendor.

PERMIT. A permit related to the use of a cart that is issued in accordance with this chapter.

PERSON OR PERSONS. One or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity.

ROAMING SIDEWALK VENDOR. Has the same meaning as set forth in Cal. Gov’t Code § 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.

RULES AND REGULATIONS. The rules and regulations established by the Director concerning the sidewalk vending program that are intended to clarify and aid in the administration and enforcement of this chapter.

SIDEWALK. Any surface in the public right-of-way provided for the use of pedestrians.

SIDEWALK VENDING PROGRAM. The program established by this chapter that is applicable to sidewalk vending-related activities.

SIDEWALK VENDOR. Has the same meaning as set forth in Cal. Gov’t Code § 51036(a), and includes a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.

STATIONARY CART. A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, that is intended to be operated from a fixed location by a stationary sidewalk vendor instead of being moved from place to place, where stops are limited to completing a transaction.

STATIONARY SIDEWALK VENDOR. Has the same meaning as set forth in Cal. Gov’t Code § 51036(c), and includes a sidewalk vendor who vends from a fixed location.

(Ord. 4770, passed 8-10-20; Am. Ord. 4828, passed 2-26-24)

The city is authorized to develop rules and regulations regarding the licensing, permitting, and operation of sidewalk vending, in accordance with this chapter.

(Ord. 4770, passed 8-10-20)

No sidewalk vendor may operate anywhere within the city without first obtaining a sidewalk vending business license. Sidewalk vendors must comply with the terms and conditions set forth in the sidewalk vending business license.

(Ord. 4770, passed 8-10-20)

No cart may be used for sidewalk vending anywhere within the city without first obtaining a sidewalk vending permit for that cart. Sidewalk vendors must comply with the terms and conditions set forth in the sidewalk vending business license.

(Ord. 4770, passed 8-10-20)

(A) To obtain or to renew a sidewalk vending business license or sidewalk vending permit for a cart, a sidewalk vendor must provide the following as part of their application:

(1) Valid identification, such as a State of California identification, taxpayer identification number, or any other United States- or State of California-issued identification;

(2) The name, address and telephone number of the sidewalk vendor;

(3) The type of merchandise offered for sale or exchange;

(4) Whether the sidewalk vendor intends to operate a stationary cart or a mobile cart;

(5) Proposed location of operation, whether stationary or within an area of the city;

(6) Proposed hours of operation;

(7) Complete City "Food Vendor Best Management Practices" form;

(8) Proof of liability insurance;

(9) A fee as set by the City Council;

(10) A valid California Department of Tax and Fee Administration seller’s permit and any additional licenses from state or local agencies to the extent required by law;

(11) Proof of completion of a food handler course and present a copy of the course completion certificate, if applicable;

(12) A permit from the Health Department for food-related vending, if applicable;

(13) A declaration that the information provided to the city is true and correct; and

(14) Any other information, including operations-related information, as may be required by the rules and regulations.

(B) Licenses and permits will expire one year after the date of issuance.

(C) Licenses and permits are not transferable.

(D) A person whose license or permit is revoked may not renew their license or permit for one year.

(Ord. 4770, passed 8-10-20)

(A) A cart used for sidewalk vending must obtain and prominently display a valid permit and any other permits required by other public agencies to be issued for vending operations.

(B) A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.

(C) A cart must operate according to its approved hours of operations. The city may impose reasonable hours of operation for sidewalk vendors. For sidewalk vending in nonresidential areas, the city may limit the hours of operation in a manner consistent with other businesses or uses on the same street(s) in those nonresidential areas.

(D) No cart, waste cooking oil, condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor’s stated closing time.

(E) A sidewalk vendor must maintain a clean and trash-free ten-foot radius from a stationary cart during hours of operation and must leave the area clean by the approved closing time.

(F) Sidewalk vendors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer trash; city trash receptacles may not be utilized by sidewalk vendors or customers. The trash receptacle must be large enough to accommodate customer trash.

(Ord. 4770, passed 8-10-20)

No stationary cart may be used to vend within a residential zoned area. A sidewalk vendor mobile cart within a residential zone must move continuously except when necessary to complete a sale.

(Ord. 4770, passed 8-10-20)

(A) No sidewalk vendor may place or leave any cart in a manner that obstructs vehicular or pedestrian traffic, or the visibility of such, and includes the following:

(1) Within five feet of a marked crosswalk;

(2) Within five feet of the curb return of an unmarked crosswalk;

(3) Within five feet of any fire hydrant, fire-call box or other emergency facility, as defined in the rules and regulations;

(4) Within five feet of a driveway or driveway apron;

(5) Within 18 inches from the edge of the curb;

(6) Where placement impedes the flow of vehicular traffic such as on public streets or public highways;

(7) Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than four feet, or impedes access to or the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).

(B) No cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended, unless specifically permitted by the rules and regulations.

(C) Notwithstanding any prohibitions in this section, no sidewalk vendor may install, use or maintain a cart where placement endangers the safety of persons or property.

(Ord. 4770, passed 8-10-20)

(A) No sidewalk vending is allowed within 300 feet of a permitted event during the duration or operating hours of such an event. For purposes of this section, the term PERMITTED EVENTS means certified farmers’ markets, swap meets, and any event that requires an encroachment permit, special event permit, or temporary event permits to allow the permit-holder the temporary use of or encroachment on the sidewalk or other public area.

(B) No stationary sidewalk vendors may vend in a park for which the city has granted another party an exclusive concessionaire’s agreement.

(C) The director may adopt as part of the rules and regulations for sidewalk vending additional requirements consistent with Cal. Gov’t Code § 51038(b)(2)(B) for city-owned or operated parks, effective after signs are posted giving notice of such additional requirements.

(Ord. 4770, passed 8-10-20)

Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative enforcement process including citations as follows:

(A) For vending without a valid license or permit:

(1) An administrative fine of $250 for a first violation.

(2) An administrative fine of $500 for a second violation within one year of the first violation.

(3) An administrative fine of $1,000 for a third violation and each subsequent violation, within one year of the first violation.

(4) Upon proof of a valid permit issued by the city before such fines are due, the city will reduce the amount of the fines to $100 for the first violation, $200 for the second violation, and $500 for each violation thereafter.

(B) For all violations of this chapter other than vending without a valid license or permit as outlined in subsection (A) above:

(1) An administrative fine of $100 for a first violation.

(2) An administrative fine of $200 for a second violation within one year of the first violation.

(3) An administrative fine of $500 for a third violation within one year of the first violation.

(4) An administration fine of $500 for a fourth and each subsequent violation and revocation of the license or permit. Revocation proceedings will be conducted in accordance with the city’s administrative hearing procedures.

(C) The city will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.

(D) Fines assessed pursuant this section may be reduced to 20% of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Cal. Gov’t Code § 51038(f).

(E) Fines collected under this section will be deposited with the city’s treasury for general use.

(Ord. 4770, passed 8-10-20)

The city may request the sidewalk vendor remove any cart if the cart is creating an imminent safety hazard or is placed within a prohibited area as set forth in this chapter. If the sidewalk vendor refuses to remove the cart, or if the cart has been abandoned, the city may remove the cart and/or dispose of the cart, in accordance with the rules and regulations, after providing at least 30 days’ notice of redemption to the address associated with the cart, if any.

(Ord. 4770, passed 8-10-20)