Banning Municipal Code Ch. 5.88 Sidewalk Vending

The following words and phrases, whenever used in this chapter, shall mean as follows:

"Certified farmers' market" shall mean a location operated in accordance with chapter 10.5 of division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

"Director" shall mean the community development director of the city.

"Person" shall mean one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, 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" shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction.

"Sidewalk vendor" shall mean a person who vends from a vending cart or from one's person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians, and shall not include vendors associated with special events that have received permits pursuant to chapter 5.68 of this code and vendors associated with temporary uses that have received permits pursuant to chapter 17.108 of this code.

"Stationary sidewalk vendor" shall mean a sidewalk vendor who vends from a fixed location.

"Swap meet" shall mean a location operated in accordance with article 6 of chapter 9 of division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

"Temporary special permit" shall mean a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerns, and issued pursuant to, but not limited to, chapters 5.68 and 17.108 of this code.

"Vend" or "vending" shall mean to sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.

"Vending cart" shall mean a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.

(Ord. No. 1554, § 1, 1-28-20.)

No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the city without first obtaining a sidewalk vending temporary use permit pursuant to this chapter. The requirements set forth in chapter 17.108 of this code shall not apply to sidewalk vending temporary use permits.

(Ord. No. 1554, § 1, 1-28-20.)

To apply for a sidewalk vending temporary use permit, a person must file an application with the director, accompanied by a nonrefundable processing fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:

A. The legal name and current address and telephone number of the applicant;

B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;

C. A description of the food or merchandise offered for sale;

D. Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;

E. A copy of a valid business license issued pursuant to chapter 5.04 of this Code;

F. A California seller's permit number pursuant to section 6067 of the Revenue and Taxation Code;

G. Certification by the applicant that the information contained in the application is true to his or her knowledge and belief;

H. If a vendor of food or food products, certification to completion of a food handler course and proof of all required approvals from the Riverside County Department of Environmental Health; and

I. Any other reasonable information regarding the time, place, and manner of the proposed vending.

(Ord. No. 1554, § 1, 1-28-20.)

The director, or his or her designee, shall approve the issuance of a sidewalk vending temporary use permit unless he or she determines that:

A. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

B. The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; or

C. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in section 5.88.090.

If the sidewalk vending temporary use permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.

(Ord. No. 1554, § 1, 1-28-20.)

A sidewalk vending temporary use permit shall be valid for twelve months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. A person may apply for a sidewalk vending temporary use permit renewal on a form provided by the city prior to the expiration of his or her active sidewalk vending temporary use permit.

(Ord. No. 1554, § 1, 1-28-20.)

The director may rescind a sidewalk vending temporary use permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this chapter. A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending temporary use permit upon the expiration of the term of the rescinded permit.

(Ord. No. 1554, § 1, 1-28-20.)

Any person aggrieved by the decision of the director to issue, deny issuance, or rescind a sidewalk vending temporary use permit may appeal the decision to the city council. The appeal shall be filed with the city clerk within fifteen days following the date of the director's decision.

(Ord. No. 1554, § 1, 1-28-20.)

No sidewalk vending temporary use permit granted pursuant to this chapter shall be transferable.

(Ord. No. 1554, § 1, 1-28-20.)

Sidewalk vendors shall comply with the following:

A. No sidewalk vendor shall vend in the following locations:

1. Within thirty feet of any street intersection;

2. Within twenty feet of any fire hydrant, fire call box, electric transformer, or other facility dedicated to the emergency and public infrastructure functions of the city;

3. Within twenty feet of any driveway or driveway apron;

4. Upon or within any roadway, median strip, or dividing section;

5. Within two hundred feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special permit.

B. No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. No sidewalk vendor shall vend in a manner that blocks or obstructs the required Americans with Disabilities Act of 1990 access standards for free movement of persons with disabilities. Sidewalk vendors must at all times provide a clearance of not less than three feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices;

C. Sidewalk vending is permitted one half hour after sunrise to one half hour before sunset daily, except as follows:

1. In residential areas, sidewalk vending shall be permitted one hour after sunrise to one hour before sunset.

2. In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

D. Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.

E. Stationary sidewalk vendors shall not vend at any park where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

F. Sidewalk vendors shall provide trash and waste receptacles for customers and ensure proper disposal of customer trash recyclables. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor's customers within a fifteen foot radius of the vending location.

G. Vendors of food or food products shall possess and display in plain view on the vending cart a valid health permit from Riverside County Department of Environmental Health.

H. Sidewalk vendors shall possess at all times while vending a valid sidewalk vending temporary use permit issued pursuant to this chapter, as well as any other permit or license required by the city and any other appropriate governmental agency.

I. Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

J. No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property.

(Ord. No. 1554, § 1, 1-28-20.)

A. A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending temporary use permit from the city is punishable only by an administrative citation pursuant to chapter 1.2 of this code, in amounts not to exceed the following:

1. One hundred dollars for a first violation.

2. Two hundred dollars for a second violation within one year of the first violation.

3. Five hundred dollars for each additional violation within one year of the first violation.

B. A person engaged in sidewalk vending without a valid city sidewalk vending temporary use permit is punishable by an administrative citation pursuant to chapter 1.20 of this code in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A:

1. Two hundred fifty dollars for a first violation.

2. Five hundred dollars for a second violation within one year of the first violation.

3. One thousand dollars for each additional violation within one year of the first violation.

4. Upon proof of a valid sidewalk vending temporary use permit issued by the city, the administrative citations set forth in this paragraph shall be reduced to amounts set forth in subsection A of this section.

C. A violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

D. Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

E. When assessing administrative citations pursuant to this section, the hearing officer 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.

F. 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 percent of an administrative citation imposed pursuant to this chapter.

G. The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.

(Ord. No. 1554, § 1, 1-28-20.)