Chapter 9.64

SIDEWALK VENDING AND STATIONARY MOBILE VENDORS

Sections:

• 9.64.010 Purpose and intent. 9.64.020 Definitions.

• 9.64.030 Sidewalk vending activities prohibited in designated areas. 9.64.040 Permit required. 9.64.050 Issuance of permit. 9.64.060 Permit application fee.

• 9.64.070 Regulation of sidewalk vendors, receptacles, and activities. 9.64.080 Penalties and violations.

• 9.64.090 Permit revocation.

• A. The City Council hereby finds that, to promote the health, safety, and welfare, restrictions on sidewalk vending are necessary to avoid negative impacts on the health, safety, and welfare of the residents, including but not limited to the following:

  1. Proliferation of illegal sales.

  2. Potential public exposure to food-borne illnesses due to unlicensed vendors and unsanitary conditions.

  3. Increase in trash and debris in public rights-of-way.

  4. Overcrowded sidewalks impacting safe pedestrian movement.

  5. Interference to the performance of police, firefighter, and emergency medical personnel, including the ability to safely enter buildings or view through windows.

  6. Disruption to the flow of pedestrian and vehicular traffic, including ingress or egress from any residence, public building, place of business, or from the street to the sidewalk by persons exiting or entering vehicles.

  7. Disruption of reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, and locations used for public transportation services.

  8. Exposure to legal liability to the City due to personal injury or claims for damage and litigation due to use of public property.

  9. Exposure of adult and minor residents to vendors with a certain criminal history and background.

• B. The unique characteristics of Avenal require certain area-specific restrictions on sidewalk vending as follows:

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1. City Hall and the various public safety buildings in the city house other critical infrastructure and equipment. Vending restrictions are necessary to ensure that public safety apparatuses are readily accessible and critical infrastructure is maintained and accessible at all times.

2. Restrictions on sidewalk vending in or around parks are necessary to protect the health, safety, and general welfare of those persons engaged in active parks and sports activities as well as spectators of sporting events and park activities.

3. Many of the sidewalks and pathways in Avenal are under eight feet wide, and sidewalk vending in these areas unreasonably interferes with the flow of pedestrians and disrupts access for persons with disabilities or decreases safety for users of Avenal’s sidewalks.

4. Due to the close interaction between sidewalk vendors and seniors, children, and residents generally, the restrictions placed on sidewalk vending are intended to protect the health, safety, and general welfare of the public, and criminal history investigations are necessary to protect the general public.

For the purpose of this chapter, the words, terms, and phrases shall be defined as set forth herein unless the context clearly indicates a different meaning is intended. Words, terms, and phrases used in this chapter that are not specifically defined shall be construed according to their context and the customary usage of the language.

“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.

“City Manager” means the City Manager of the City of Avenal or his/her designated representative.

“Fire station” means any facility where fire engines and other emergency-related equipment of the City of Avenal or the Kings County Fire Department are housed.

“Food” means any item provided in Health and Safety Code Section 113781, as the same may be amended from time to time.

“Heating element” means any device used to create heat for food preparation.

“Merchandise” means any item(s) that may be sold and immediately obtained from a sidewalk vendor, which is not considered food.

“Park” means the parks owned and/or controlled by the City of Avenal.

“Parkway” means that portion of a street or highway other than the roadway or the sidewalk and is generally identified as the space between the street and the sidewalk or street medians.

“Pathway” means a paved path or walkway owned by the City of Avenal or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.

“Police station” means any facility located in the City of Avenal where City of Avenal Police or Kings County Sheriff vehicles and other equipment are housed.

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“Public property” means all property owned or controlled by the City of Avenal, including, but not limited to, buildings, parks, pathways, parkways, sidewalks, roadways, streets, and parking lots.

“Residential” means any area zoned exclusively as residential in Title 9 of the Avenal Municipal Code or is designated exclusively for residential use as part of a conditional use permit, specific plan, residential overlay district, planned unit development (PUD), or equivalent.

“Roadway” means that portion of the street that is improved, designed, or ordinarily used for vehicular travel.

“Roaming sidewalk vendor” shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction.

“Sidewalk” means that portion of the highway or street other than the roadway or parkway, set apart by curbs, barriers, markings, or other delineation, which is used principally for pedestrian travel.

“Sidewalk vendor” shall mean a person who vends 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, or such other meaning of such term as may be ascribed by Government Code Section 51036(a) from time to time.

“Sidewalk vendor activities” or “sidewalk vending activity” means actions that qualify a person as a sidewalk vendor or actions done in or upon public rights-of-way in anticipation of becoming a sidewalk vendor, such as, but not limited to, placement or maintenance of any sidewalk vendor facilities.

“Sidewalk vending facilities” or “sidewalk vendor facilities” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for sidewalk vending activities.

“Sidewalk vendor permit” or “permit” shall mean the permit issued by the City Manager and required prior to any person engaging in sidewalk vending activities in the city.

“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.

Notwithstanding this chapter and any provisions of the Avenal Municipal Code, it is unlawful for any person to engage in sidewalk vending activities within the following locations or areas within Avenal:

• A. Any public property that does not meet the definition of a sidewalk or pathway, including, but not limited to, any roadway, street, alley, or parking lot.

• B. Within any area zoned for residential purposes, provided that roaming sidewalk vending activities operated in compliance with this Ordinance shall not be prohibited.

• C. On any sidewalk or pathway that is not a minimum width of eight feet.

• D. Within 500 feet of the following:

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1. An area designated for a temporary use permit issued in accordance with Chapter 9.76, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City’s temporary use permit are also provided to a sidewalk vendor permitted to operate in the area, if applicable. A prohibition on sidewalk vendor activities pursuant to this paragraph shall only be effective for the duration of the temporary use permit;

2. Avenal City Hall, a police station, or a fire station.

3. Any public or private school or a child daycare facility between the hours of 6:00 a.m. and 6:00 p.m.

4. Any place of assembly or worship between one hour before and one hour after a scheduled event or presentation times.

5. An area designated for a permitted certified farmers’ market during the limited operating hours of that certified farmers’ market.

6. Any sheriff or police officer, firefighter, or emergency medical personnel who are actively performing their duties or providing services to the public.

• E. Within 50 feet of any public picnic area, playground area, playground equipment, public community center, athletic field or court, or public restroom.

• F. Within 50 feet of another sidewalk vendor.

• G. Within 10 feet of a marked crosswalk, a curb return of an unmarked crosswalk, a fire hydrant, a fire call box, a fire department connection, other emergency facility, a bus bench, a transit or bus shelter, a driveway or driveway apron, a curb which has been designated as white, yellow, green, blue, or red zone, an ATM or other vending machine, an entrance or exit to a building, structure or facility, or a bike rack.

• H. Within 10 feet ahead, and 45 feet to the rear of a sign designating a bus stop.

• I. Within 10 feet of a commercial outdoor dining or patio dining area.

• J. At any park, or the sidewalk adjacent to any park, where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

• K. In or on the median of any street, road, or highway.

• L. In or immediately adjacent to any area designed for bus zones, stopping, or loading.

• M. In any location where the sidewalk vending activities would block manholes, utility access points, vents, or views through windows.

• N. In any location where the operation of sidewalk vending activities would result in or cause a violation of applicable law, including, but not limited to, the Americans with Disabilities Act.

• O. Notwithstanding any specific prohibition in this Ordinance, any location or area where the operation of sidewalk vending activities creates a reasonably foreseeable danger to the safety of persons or property.

• A. No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within Avenal without first applying for and receiving a permit from the City

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Manager under this chapter and maintaining at all times in full force and effect, the sidewalk vending permit, a business license pursuant to Chapter 1 of Title 3 of the City of Avenal Municipal Code, and any other permits, authorizations, or approvals required by law from the City or other governmental agency that is applicable to sidewalk vending activities.

• B. Any person wishing to engage in sidewalk vendor activities as defined in this chapter shall file an application with the City Manager on forms approved by the City Manager. Such application shall contain the following information:

  1. The name, address, and telephone number of the person applying to become a sidewalk vendor.

  2. The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity, and/or be responsible for the person(s) working at the sidewalk vending receptacle.

  3. The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle.

  4. The number of sidewalk vending receptacles the sidewalk vendor will operate within Avenal under the permit.

  5. The location(s) in Avenal where the sidewalk vendor intends to operate.

  6. The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s).

  7. Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel.

  8. The dimensions of the sidewalk vendor’s sidewalk vending receptacle(s), including a picture of each sidewalk vending receptacle operating under the permit and any signs that will be affixed thereto.

  9. Whether the sidewalk vendor will be selling food, merchandise, or both.

  10. If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on-site, whether such foods will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element, if any.

  11. If the vendor is selling merchandise, a description of the merchandise to be sold.

  12. If the vendor is selling food, the name and address of the food commissary in which the sidewalk vending receptacle is stored and maintained.

  13. A copy of the public health permit required for any sidewalk vendors selling food, as required by the Kings County Environmental Health Department.

  14. Proof the person possesses a valid California Department of Tax and Fee Administration seller’s permit, which notes the city as a location or sublocation, which shall be maintained for the duration of the sidewalk vendor’s permit.

  15. An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, State, and federal laws.

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16. A certification that, to their knowledge and belief, the information contained within the application is true.

17. An agreement by the sidewalk vendor to defend, indemnify, release, and hold harmless the City, its City Council, commissions, officers, and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding.

18. An acknowledgment that use of public property is at the sidewalk vendor’s own risk and that the City does not take any steps to ensure the public property is safe or conducive to the sidewalk vending activities, and that the sidewalk vendor uses the public property at the vendor’s own risk and assumes such risks.

19. An acknowledgment that the sidewalk vendor will obtain and maintain throughout the duration of any permit issued under this chapter and any insurance required by the City’s Risk Manager.

20. Any other relevant information required by the City Manager.

• C. As part of the application, a vendor shall cooperate with the City Manager and submit to a local and State summary criminal history information investigation and certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to Penal Code Sections 11105 and 13300, the City Council explicitly authorizes the City Manager to obtain such information as it relates to disqualifying convictions or conduct related to the crimes and offenses described in this chapter.

• A. Within 30 calendar days of receiving a completed application, the City Manager shall issue a sidewalk vendor permit, with appropriate conditions, as provided for herein, if the City Manager finds all of the following:

  1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement or tend to interfere with or endanger the public peace or rights of nearby tenants to the quiet enjoyment and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare.

  2. The conduct of the sidewalk vendor will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor.

  3. The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken.

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4. The conduct of such sidewalk vending activity will not require the diversion of law enforcement officers to properly police the area of such activity so as to interfere with normal law enforcement protection for other areas of Avenal.

5. The sidewalk vendor’s application contains all the required information.

6. The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process.

7. The sidewalk vendor has satisfied all the requirements of this chapter.

8. The sidewalk vendor has paid all applicable fees as set by the City Council resolution.

9. The sidewalk vendor’s sidewalk vending receptacle and proposed activities conform to the requirements of this chapter.

10. The sidewalk vendor has adequate insurance to protect the City from liability associated with the sidewalk vendor’s activities, as determined by the City’s Risk Manager or designee.

11. The sidewalk vendor, or any other person for whom information is required to be provided pursuant to this chapter, has not, within the past three years, been convicted of or pled no contest to any felony or of any misdemeanor crime involving moral turpitude or such crime that is substantially related to the qualifications, functions, or duties of a sidewalk vendor, including, but not limited to, the crimes listed under of the California Penal Code, Part 1, Title 9 - Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals.

• B. The City Manager, in granting any permit under this chapter, may also impose such reasonable conditions with respect to the use and scope of such permit as is determined to be necessary to protect public health, safety, and welfare and to implement the intent and purpose of this chapter.

• C. All permits issued under this chapter shall expire 12 months from the date of issuance. A sidewalk vendor permit is non-transferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this Ordinance. Only one sidewalk vendor permit may be issued to any single person, company, or entity, and the permit shall specify whether the permit is for roaming sidewalk vending or stationary sidewalk vending. No person, company, or entity shall conduct both roaming and stationary sidewalk vending under a permit.

• D. The City Manager shall consider and review applications for permit renewals pursuant to the criteria set forth in this section. Failure of a permittee to file an application to renew a permit at least 30 calendar days before the expiration thereof shall require the filing of a new application and the payment of the associated fee.

Each application for a sidewalk vendor permit and each application for an annual renewal of a sidewalk vendor permit shall be accompanied by a non-refundable applicable fee, or nonrefundable application renewal fee, as applicable, each in an amount established by resolution of the City Council.

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• A. All persons engaging in sidewalk vending activities within the City of Avenal shall, in addition to any conditions imposed as a condition of permit issuance, comply with the following conditions:

  1. The sidewalk vendor permit issued by the City shall be displayed conspicuously at all times on the sidewalk vending receptacle or the vendor’s person.

  2. If applicable, a permit issued by the County of Kings shall be displayed conspicuously at all times on the sidewalk vending receptacle or the vendor’s person.

  3. Sidewalk vendors must operate in compliance with all applicable federal, State, County, and local laws.

  4. Sidewalk vendors shall not store or leave their sidewalk vending receptacle unattended on public property for any reason, including, but not limited, to the purpose of soliciting business.

  5. The sidewalk vending receptacle shall not be chained, fastened, tethered, or otherwise attached to any pole, sign, tree, or other objects in the public right-of-way.

  6. Sidewalk vending activities are prohibited between the hours of 10:00 p.m. and 7:00 a.m. daily.

  7. The sidewalk vending receptacle shall not be located on any public property when the receptacle is not being actively utilized for sidewalk vending activities.

  8. Sidewalk vendors shall allow a law enforcement officer, firefighter, life safety services officer, code enforcement officer, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities at any time during the operation of such activities to inspect the sidewalk vending receptacle for compliance with the requirements of this chapter, the sidewalk vending permit, and to ensure the safe operation thereof.

  9. If a sidewalk vending receptacle requires more than one person to conduct the sidewalk vending activity, all such persons associated with the sidewalk vending receptacle shall be within five feet thereof when conducting sidewalk vending activities.

  10. Sidewalk vendors shall ensure that all customer queuing, waiting areas, or lines do not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic along, over, or across public property and otherwise comply at all times with the location-related restrictions set forth in this Ordinance relative to sidewalk vending activities.

  11. Sidewalk vendors shall comply with the noise standards provided in the Avenal Municipal Code and shall not utilize any amplifying or sound-generating equipment or devices in connection with sidewalk vendor activities, with the exception of one bell with a maximum diameter of two inches.

  12. Sidewalk vendors shall maintain a trash container in or on the sidewalk vending receptacle and immediately clean up any food, waste, grease, or other fluid or item related to sidewalk vending activities from public property. The trash receptacle must be large enough to accommodate customer trash without utilizing existing trash receptacles located on any

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block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on public property.

13. Sidewalk vendors shall not discharge or allow to discharge any fluids, liquids, grease, or hazardous materials on private or public property.

14. Sidewalk vendors shall ensure that, at all times, a 10-foot area immediately surrounding the sidewalk vending receptacle is free and clear from trash, litter, and debris at all times.

15. Sidewalk vendors shall, at all times, maintain a minimum four-foot-wide area over and across any pathway, sidewalk, or public property that is free from and clear from all obstructions associated with sidewalk vendor activities, including, but not limited to, sidewalk vending receptacle and customer queuing areas. Notwithstanding the specifics of this subsection, the area to be kept free and clear shall be at least as large as necessary to comply with the Americans with Disabilities Act.

• B. All sidewalk vending receptacles utilized for sidewalk vending activities shall, in addition to any conditions imposed as a condition of permit issuance, comply with the following conditions:

  1. Except as may otherwise be approved in a sidewalk vending permit, sidewalk vending receptacles and any attachments thereto, including, but not limited to food, merchandise, or signage, shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet. In approving sidewalk vending receptacles of greater size, the City Manager shall evaluate such requests by balancing: (a) the sidewalk vendor’s reasonable need for a larger sidewalk vending receptacle given the nature of the sidewalk vending activities to be operated, the merchandise or food to be sold, and the location where the sidewalk vending activities are proposed to be operated, against; (b) the risk to the public health, welfare, and safety created by the larger sidewalk vending receptacle.

  2. All signage and advertising related in any way to the sidewalk vendor shall comply with the terms and conditions of the permit and shall be attached to the sidewalk vending receptacle, if any, or the sidewalk vendor’s person.

  3. Sidewalk vendors shall not utilize any electrical, flashing, wind-powered, or animated signs.

  4. Sidewalk vending receptacles shall not touch, lean against, or be affixed at any time to any other building or structure, including, but not limited to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, news racks, trashcans, trees, or traffic barriers.

• C. No person engaging in sidewalk vending activities shall engage in any of the following:

  1. Renting of merchandise to customers.

  2. Displaying of merchandise or food that is not available for immediate sale.

  3. Selling of alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine or cannabis, or any other business or occupation that is not permitted or is prohibited by the Avenal Municipal Code.

4. Using an electrical outlet or power source that is owned by the City or another person other than the sidewalk vendor.

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5. Utilizing a portable generator in connection with sidewalk vending activities.

6. Conducting sidewalk vending activities under shaded structures, awnings, gazebos, and bandshells in parks, except as authorized by an agreement with the City.

7. Continuing to offer food or merchandise for sale to any person who has been offered food or merchandise by the sidewalk vendor and has declined the offer, or following or otherwise harassing any such person, or otherwise making any statements, gesture, or other communication that would be perceived as threatening by a reasonable person.

8. Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale.

9. Blocking or impeding the free flow of any pedestrian or vehicle traversing public property.

• A. Violators of this Ordinance shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citations and revocation structure:

  1. Except as otherwise provided in this Ordinance, any violation of this Ordinance shall be subject to administrative fines in the following amounts:

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

     • b. An administrative fine not exceeding $200 for a second violation within one year of the first violation.

     • c. An administrative fine not exceeding $500 for each additional violation within one year of the first violation.

  2. If any person violates any portion of this Ordinance and cannot present proof of a valid permit, the sidewalk vendor shall be assessed administrative fines in the following amounts:

     • a. An administrative fine not exceeding $250 for a first violation.

     • b. An administrative fine not exceeding $500 for a second violation within one year of the first violation.

     • c. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.

  3. Upon proof of a valid permit issued by the City, the administrative fines set forth in subsection B shall be reduced to the administrative fines set forth in subsection A.

• B. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the California Government Code, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed.

• C. Notwithstanding the foregoing, the City Manager, or City Council on appeal, 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 this subsection.

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• A. Permits issued under the provisions of this chapter may be revoked by the City Council after a noticed hearing for any of the following causes:

  1. Fraud, misrepresentation, or false statement contained in the application for a permit.

  2. Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

  3. Upon a sidewalk vendor being issued a fourth or subsequent citation for violations of this Ordinance within one calendar year of the first violation.

• B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at the last known address of the licensee, at least five days prior to the date set for hearing.

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