Chapter 23 — SIDEWALK VENDING

Section

5-23.01 Definitions

5-23.02 Sidewalk vending permits

5-23.03 General regulations

5-23.04 Roaming sidewalk vendor regulations

5-23.05 Stationary sidewalk vendor regulations

5-23.06 Violation—Penalty

5-23.07 Ability-to-pay determination

As used in this chapter the following meanings shall apply:

(A) SIDEWALK VENDOR. A person who sells or distributes, with or without compensation, 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.

(B) ROAMING SIDEWALK VENDOR. A sidewalk vendor who moves from place to place and stops only to complete a transaction.

(C) STATIONARY SIDEWALK VENDOR. A sidewalk vendor who vends from a fixed location.

(Ord. 2164-C-S, passed 4-9-19)

(A) Only sidewalk vendors with valid sidewalk vending permits issued by the City Manager may vend upon the city’s public rights-of-way, sidewalks, parks, or other city-owned property.

(B) To apply for a sidewalk vending permit, the applicant must provide:

(1) A completed application form containing:

(2) Their name and mailing address;

(3) Description of the merchandise offered for sale or exchange;

(4) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or

corporation; and

(5) Certification that the information is true to his or her knowledge and belief.

(C) A copy of a California’s driver’s license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by Cal. Gov’t Code § 51038(c)(4).

(D) A copy of a valid California Department of Tax and Fee Administration seller’s permit, as required.

(E) A copy of a valid mobile food permit issued by the Contra Costa County Department of Public Health, as required.

(F) The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of this municipal code.

(Ord. 2164-C-S, passed 4-9-19)

(A) Sidewalk vendors operating on any sidewalk or 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 48 inches, exclusive of the top of the curb.

(B) Further, no obstruction shall be located in a sidewalk or public right-of-way less than six feet in width when the sidewalk is adjacent to the curb and no obstruction shall be located within 20 feet of a driveway or street intersection.

(C) To prevent food-borne illness and protect the health and safety of the city’s residents, every sidewalk vendor offering any food or beverage is required to wear a hairnet and food service gloves.

(D) To prevent dangerous distractions and promote the general welfare of the city’s residents, sidewalk amplified music audible beyond ten feet of the premise is prohibited.

(E) A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way.

(F) No equipment or objects used for sidewalk vending purposes may left unattended in public spaces or in any portion of the public right-of-way. If so, such equipment will be considered discarded and may be seized or disposed of by the city.

(G) No equipment or objects used for sidewalk vending purposes may be locked or otherwise secured to any street sign, street tree or other permanent device located within the sidewalk or public right-of-way.

(H) 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.

(I) Sidewalk vendors shall maintain a trash can or bag available to patrons for the disposal of trash generated by the sidewalk vendor food or merchandise.

(J) Sidewalk vending hours’ limitations in areas zoned for nonresidential use shall be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street.

(K) No possessions may be chained or otherwise fastened to any street light, street tree, or other permanent device located within the right-of-way.

(L) Sidewalk vendors are prohibited from operating within 500 feet of a permitted certified farmers’ market, a permitted swap meet, or any area subject to a temporary use permit or special event permit for the duration of the permit.

(M) Sidewalk vendors are prohibited from operating within 300 feet of the property line of any public or private school within the 30 minutes prior to classes convening and within 30 minutes after classes end for the day.

The above prohibition shall not apply to any vendor or peddler who has received written consent of the school principal or other authorized school official to park, stop or stand for the purpose of vending when such authorization does not interfere with public vehicle traffic or pose a traffic safety hazard to school children. Any such written authorization shall be kept and maintained with the vendor at all times for inspection.

(N) Sidewalk vendors shall not make use of any public facility or park to wash dishes, dump trash, derive water or electricity, dispose of waste water, or other similar purposes. All waste water, trash, and other evidence of the operation shall be wholly contained by appropriate containers in possession of the sidewalk vendor and distributed as required.

(Ord. 2164-C-S, passed 4-9-19)

(A) Roaming sidewalk vendors may not occupy a single location for a continuous period of more than ten minutes and must move continuously unless engaging in a transaction.

(B) Roaming sidewalk vendors may not traverse the same route more than two times each day.

(C) Roaming sidewalk vendors are limited to the hours of 9:00 a.m. through 5:00 p.m. for areas that are zoned residential.

(Ord. 2164-C-S, passed 4-9-19)

(A) Stationary sidewalk vendors are prohibited from operating in areas that are zoned residential, except in city parks if otherwise permitted.

(B) Stationary sidewalk vendors are prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that city park.

(C) A stationary sidewalk vendor may not occupy an area larger than 100 square feet.

(D) Stationary sidewalk vendors shall not locate or operate in any manner that detracts from or precludes the ordinary use of any public facility or park.

(Ord. 2164-C-S, passed 4-9-19)

(A) Every person vending without a sidewalk vending permit is guilty of an administrative violation punishable by an administrative fine not to exceed:

(1) Two hundred fifty dollars ($250) for a first violation; or

(2) Five hundred dollars ($500) for a second violation within one year of the first violation; or

(3) One thousand dollars ($1,000) for each additional violation within one year of the first violation.

(B) Upon proof of a valid permit issued by the Community Development Department, the administrative fine in division (A) of this section will be reduced to the corresponding administrative fine in division (C) below.

(C) Every person 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) for a first violation; or

(2) Two hundred dollars ($200) for a second violation within one year of the first violation; or

(3) Five hundred dollars ($500) for each additional violation within one year of the first violation.

(D) The City Manager may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter.

(E) 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.

(F) An administrative violation constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter.

(Ord. 2164-C-S, passed 4-9-19)

(A) Any fine issued under § 5-23.06 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.

(B) If the requestor is receiving public benefits under Cal. Gov’t Code § 68632(a), or has a monthly income which is 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 will limit the total amount of the requestor’s administrative fine to 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. 2164-C-S, passed 4-9-19)