Division 9 — SIDEWALK AND PARKING LOT SALES

Editor's note— Ord. No. 2287, § 4, adopted Oct. 18, 2011, effective Nov. 18, 2011, retitled Art. VI, Ch. 4, Pt. 3 Div. 9, from "Sidewalk Sales" to "Sidewalk and Parking Lot Sales".

Except as otherwise expressly provided in the Arcadia Municipal Code, no person shall conduct any commercial activity on a public street, sidewalk or parkway.

No merchant, vendor or seller shall place his goods, wares or merchandise outside of his building for the purpose of storage, advertising, display or sale except upon applying for and receiving a permit as set forth in Sections 6325.4 and 6325.6, and such sidewalk or parking lot sales shall be permitted only in accordance with the regulations set forth in this Section:

(1)

No business shall participate in more than two (2) sidewalk or parking lot sales in any calendar year. No such sale may be conducted for more than two (2) consecutive days and shall be held not earlier than 9:00 a.m. nor later than 9:00 p.m.

(2)

Sidewalk and parking lot sales may only be conducted in Downtown Mixed Use (DMU) or less restrictive zones.

(3)

Only the goods, wares or merchandise normally of the type sold on the premises may be offered for sale and such sale may only be conducted within the extended lot lines of the premises offering such goods for sale.

(4)

For parking lot sales, twenty-five percent (25%) of the parking area may be utilized for the sales or display of merchandise. If the parking provided exceeds Code requirements, those additional spaces may be utilized.

(5)

Each sidewalk sale shall include the participation of a minimum of thirty percent (30%) of the businesses on a block face.

(6)

No merchandise or signs shall be displayed within fifty feet (50') of a residentially zoned property.

(7)

Tables, racks and other displays or merchandise may be placed on sidewalks provided that a walkway of a minimum width of seven feet (7') be left clear adjacent to the curb and, provided further, that all doorways, alleyways, driveways and other means of ingress or egress to adjoining buildings and property shall remain clear of obstruction.

(8)

Any signs shall be permitted only during the conduct of the event and shall be approved as to size and place by the Development Services Director or designee at the time of application approval.

(Amended by Ord. 2287 adopted 10-18-11, effective 11-18-11)

Editor's note— Ord. No. 2287, § 5, adopted Oct. 18, 2011, effective Nov. 18, 2011, retitled Art. VI, Ch. 4, Pt. 3 Div. 9, § 6439.2, from "Conditions of Sidewalk Sale" to "Conditions of Sidewalk and Parking Lot Sales".

The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi- permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

(Ord. No. 2357, § 2, 1-15-19)

For purposes of this Chapter, the following definitions apply:

"Farmers' Market" means a location operated in accordance with the City's Development Code, Article IX, Chapter 1 section 9109.01.070; "An outdoor market certified for direct retail sales by farms to the public by the State or County Agricultural Commission under California Code of Regulations Title 3, Chapter 3, Article 6.5. Farmers' Markets can also include limited sales of crafts and goods."

"City" means the City of Arcadia.

"Park" means a public park owned by the City.

"Roaming sidewalk vendor or vending" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

"Sidewalk vendor or vending" means 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.

"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. No. 2357, § 2, 1-15-19)

A.

All sidewalk vendors shall obtain a sidewalk vending permit from the City's Planning and Community Development Administrator or designee prior to engaging in any sidewalk vending activities. All sidewalk vendors must have a valid business license issued by the City. As part of its application for a business license, the sidewalk vendor shall furnish to the City evidence of insurance, against liability for death or injury to any person as a result of ownership, operation, or use of its vendor. The City's insurance requirements are on file and available for inspection, or a copy may be obtained, at the office of the City Clerk, Arcadia City Hall. The following information shall be required.

Name, current mailing address, and phone number of the vendor; and

If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and

A description of the merchandise/goods to be offered for sale or exchange, and the days/hours of sales; and

A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and

A copy of the valid California Driver's license or California Identification Card issued to the vendor; or

A copy of the individual taxpayer identification number issued to the vendor; or

A municipal identification number.

a.

Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

If preparing or selling food, a copy of the Los Angeles County Environmental Health Department permit issued to the vendor; and

If the vendor proposes to be a sidewalk vendor, a description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of thirty-six inches (36") of accessible route area, in compliance with the Americans with Disabilities Act; and

If the vendor proposes to be a sidewalk vendor, an encroachment permit pursuant to Chapter 2 Part 7 of the Arcadia Municipal Code; and

A copy of general liability policy naming the City as additional insured in the amount of $500,000.

A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true.

B.

At the time the application or renewal application is filed, the applicant shall pay the permit processing fee established by separate resolution of the City Council.

(Ord. No. 2357, § 2, 1-15-19)

A.

Upon acceptance of a properly completed and filed sidewalk vendor permit application, the City's Planning and Community Development Administrator or designee shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than thirty (30) days of acceptance to approve or deny the application. The City's Planning and Community Development Administrator or designee shall provide the applicant with written notice of his or her decision to the address indicated in the application.

B.

The City's Planning and Community Development Administrator or designee may deny an application for a permit if an applicant fails to meet any of the requirements for a new permit, or if he or she makes any of the following findings:

The applicant has failed to pay any fees or charges.

The applicant has made one or more material misstatements in the application for a permit.

The applicant does not have a valid social security card or valid California Driver's license or Identification Card; or valid individual taxpayer identification number.

The applicant does not provide a certificate of liability insurance.

The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this Chapter.

It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.

C.

If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.

D.

Exemptions. A sidewalk vending permit shall not be required for the following activities:

The sale of agriculture products on the site where the product is grown.

Catering for private parties held exclusively on private property and not open to the general public.

Events permitted pursuant to a lawfully issued temporary use permit including but not limited to a Certified Farmers' Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.

E.

Term of permit. A sidewalk vending permit issued pursuant to this Chapter shall automatically expire one (1) year from the date issued, unless an earlier expiration date is noted on the permit.

F.

Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

(Ord. No. 2357, § 2, 1-15-19)

All sidewalk vendors shall annually apply for renewal of their sidewalk vending permit from the City's Planning and Community Development Administrator or designee prior to continuing to engage in any sidewalk vending activities. Any sidewalk vendor who currently possesses a sidewalk vending permit allowing them to operate a vending operation must, upon time of renewal of their license, apply for a sidewalk vending permit, supplying the information as required in section 6439.5 of this Division.

(Ord. No. 2357, § 2, 1-15-19)

A.

Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, provided they meet the following:

The sidewalk vendor is duly licensed, with a business license and sidewalk vending permit displayed at all times, and meets all requirements of section 6439.5; and

The sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches (36") of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

Sidewalk vending hours shall be conducted between the hours of 7:00 AM and 10:00 PM of every day; and

The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; removes litter caused by its products from any public or private property within a 25-foot radius of the sidewalk vendor's location; and

The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows, and driveway and intersection visibility; and

No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and

No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors vending activities; and

The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and

Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and

No vending shall occur within the immediate vicinity of a Certified Farmers' Market, a Swap Meet or an event held pursuant to a Temporary Event Permit.

The vendor shall not discharge any liquid (e.g. water, grease, oil, etc.) onto or into city streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.

(Ord. No. 2357, § 2, 1-15-19)

A.

Sidewalk vending of food or merchandise by roaming or stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise or in an area occupied by a Certified Farmer's Market.

B.

Subject to Section 6439.5(A), sidewalk vendors may operate in City Parks provided they meet the following:

The sidewalk vendor is duly licensed, with a business license and sidewalk vending permit displayed at all times, and meets all requirements of section 6439.3; and

For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches (36") of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and

The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition, and removes litter caused by its products within a 25 foot radius of the vending location, and

The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces, or building windows; and

No vending shall occur within the immediate vicinity of an event held pursuant to a Temporary Event Permit; and

In City Parks that are located within a residential area, where stationary sidewalk vending is prohibited, as described in Section 6439.7 of this Chapter, only roaming sidewalk vendors shall be allowed in such Parks; and

The City can impose regulations to limit the number of sidewalk vendors in City Parks to limit the undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of

the park or necessary to endure the public's use and enjoyment of the natural resources and recreational opportunities of City parks.

(Ord. No. 2357, § 2, 1-15-19)

A.

Roaming sidewalk vendors shall meet the following:

The sidewalk vendor is duly licensed, with a business license and sidewalk vending permit displayed at all times, and meets all requirements of section 6439.3; and

Sidewalk vending hours for residential zones shall be conducted between the hours of 7:00 AM and 6:00 PM Monday through Friday and 8:00 AM to 5:00 PM on Saturday, and no Sundays or holidays; and

Sidewalk vending hours for non-residential zones shall be conducted between the hours of 7:00 AM and 10:00 PM every day; and

The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition and removes litter caused by its products within a 25-foot radius of the vending location; and

The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and

The sidewalk vendor does not conduct sales from a public street; and

No vending shall occur within the immediate vicinity of a Certified Farmers' Market, or a Swap Meet; and

The vendor shall not discharge any liquid (e.g. water, grease, oil, etc.) onto or into city streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.

(Ord. No. 2357, § 2, 1-15-19)

A.

A sidewalk vendor permit issued under this Chapter may be suspended or rescinded by the City's Planning and Community Development Administrator after four or more violations of this Chapter in accordance with Section 6439.10 of this Chapter, at their discretion, for any of the following causes:

Fraud or misrepresentation in the course of vending;

Fraud or misrepresentation in the application for the permit;

Vending in a manner that creates a public nuisance or constitutes a danger to the public.

B.

Notice of the suspension or rescission of a sidewalk vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

C.

No person whose street vending permit has been revoked pursuant to this Chapter shall be issued a street vending permit for a period of two (2) years from the date revocation becomes final.

(Ord. No. 2357, § 2, 1-15-19)

In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the Planning and Community Development Administrator or designee made under the provisions of this Chapter, such applicant or any other person aggrieved shall have the right to appeal such action as prescribed in section 6216.8 of the Arcadia Municipal Code.

(Ord. No. 2357, § 2, 1-15-19)

A.

It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A violation of this Chapter shall by punished by:

An administrative fine not exceeding $100 for a first violation.

An administrative fine not exceeding $200 for a second violation within one (1) year of the first violation.

An administrative fine not exceeding $500 for each additional violation within one (1) year of the first violation.

B.

A violation of vending without a sidewalk vending permit may, in lieu of the penalties set forth in subsection (A) set forth above, be punished by:

An administrative fine not exceeding two hundred fifty ($250) dollars for a first violation.

An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.

An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

C.

If an individual is subject to subsection (B), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this Chapter shall be reduced to the administrative fines set forth in subsection (A), respectively.

D.

The proceeds of any administrative fines assessed pursuant to this Chapter shall be deposited in the treasury of the City.

E.

Failure to pay an administrative fine assessed under this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Chapter shall not be assessed.

F.

Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.

G.

When assessing an administrative fine pursuant to this Chapter, the adjudicator 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 judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.

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.

H.

A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

(Ord. No. 2357, § 2, 1-15-19)