Beaumont Municipal Code Ch. 5.66 Sidewalk Vending

For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise:

"Certified Farmers Market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

"Chief of Police" means the Chief of Police of the City or his or her designee.

"City" means the City of Beaumont.

"Fire station" means any facility where fire engines and other equipment of the City's Fire Department are housed.

"Food" means any type of raw, cooked, or processed edible substance, including any food product or beverage.

"Merchandise" means any tangible goods or items that are not food.

"Park" shall mean any park open to the public located within the City and includes all sidewalks and parking lots located within or on the perimeter of a public park.

"Police station" means any facility where police vehicles and other equipment of the City's Police Department are housed.

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

"Sidewalk" means a public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel.

"Sidewalk vendor" means a person who vends from a vending cart or from one's person, upon a sidewalk.

"Stationary sidewalk vendor" means 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.

"Temporary special permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or 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, outdoor concerts, festivals, carnivals, and street fairs.

"Vend" or "vending" means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.

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

(Ord. No. 1110, § 4, 9-3-2019; Ord. No. 1170, § 5, 2-20-2024; Ord. No. 1195, § 6, 12-16-2025)

Every person, prior to engaging in, conducting, or carrying on the business of vending on a Sidewalk, shall file an application for a permit with the City Engineer, 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 City Council and shall contain, at a minimum, the following:

A. The legal name, current mailing 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 copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order;

D. A description of the food and/or merchandise for vending;

E. The dimensions of the vending cart;

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

G. If a vendor of food, a food handler certificate issued by the Riverside County Department of Environmental Health and other applicable requirements of the County.

H. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the sidewalk vending conduct or activity;

I. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and

J. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.

Applications for permits shall be filed a minimum of 30 days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of 30 days prior to the expiration of any existing permit.

(Ord. No. 1110, § 4, 9-3-2019; Ord. No. 1195, § 6, 12-16-2025)

The City Engineer or his or her designee shall grant a sidewalk vendor permit within ten days after receiving the completed application and proof of a valid City business license if he or she finds that all of the following requirements have been met:

A. The business license fees have been paid.

B. The application conforms in all respects to the provisions of this Chapter.

C. The applicant has not made a material misrepresentation of fact in the application.

D. The applicant has not had a similar permit or license denied or revoked by the City within one year prior to the date of the application.

E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, sidewalk vending business or activity.

F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products.

G. The applicant has obtained a valid City business license and paid the appropriate business license fee.

(Ord. No. 1110, § 4, 9-3-2019; Ord. No. 1195, § 6, 12-16-2025)

If the City Engineer finds that all the requirements of Section 5.64.060 of the Municipal Code have not been met, he or she shall deny the application for the sidewalk vendor permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned.

(Ord. No. 1110, § 4, 9-3-2019; Ord. No. 1195, § 6, 12-16-2025)

Any person issued a permit pursuant to this Chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to Sections 5.66.150 and 5.66.160 of this Chapter.

(Ord. No. 1110, § 4, 9-3-2019)

A permit issued pursuant to this Chapter shall be effective for a period of one year from the date of issuance.

(Ord. No. 1110, § 4, 9-3-2019)

No permit issued pursuant to this Chapter shall be transferable.

(Ord. No. 1110, § 4, 9-3-2019)

The Director may revoke a permit issued under this Chapter for any of the following reasons:

A. The permitee has made a material misrepresentation in the application.

B. The permitee has committed violations of this Chapter on four or more separate days;

C. The permittee has failed to maintain the insurance required by this Chapter;

D. The permitee has failed to comply with applicable federal, state or local laws and regulations;

E. The permitee has conducted the vending in a manner which endangers the public health or safety.

F. The permitee's conviction at any time of an offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, sidewalk vending business or activity.

(Ord. No. 1110, § 4, 9-3-2019)

Prior to the revocation of a permit issued under this Chapter, the permittee shall be notified in writing of the grounds for the revocation of the permit and a hearing shall be held thereon. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permitee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the permitee or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. Notice of the hearing shall be given in accordance with Chapter 1.17 of the Municipal Code to the permittee at least ten days prior to the hearing.

(Ord. No. 1110, § 4, 9-3-2019)

Where the conduct or the activity of the permittee creates an imminent peril to the public health or safety, a permit issued pursuant to this Chapter may be summarily suspended upon notice to the permittee, provided that the permittee shall be entitled to a hearing within three days thereafter and any emergency suspension shall not exceed 15 days pending a hearing under Section 5.66.100.

(Ord. No. 1110, § 4, 9-3-2019)

The Director shall conduct a hearing and make the determination on the suspension or revocation of a permit. The Director may promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee's behalf.

(Ord. No. 1110, § 4, 9-3-2019)

The decision of the Director shall be rendered within ten days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing of his or her right to appeal to the Hearing Officer as set forth in Section 5.66.140.

(Ord. No. 1110, § 4, 9-3-2019)

A. Any applicant for a permit under this Chapter, or a permittee, shall have the right to appeal from a decision by the Director to deny a permit application or to revoke a permit, by filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal, within 15 days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the Hearing Officer, as designated by the City Council from time to time, or by an administrative hearing officer designated by or at the request of the Hearing Officer, upon not less than 15 days' written notice to the appellant. The Hearing Officer, as the designated administrative hearing officer, shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than 30 days following the conclusion of the hearing, the Hearing Officer or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the Hearing Officer or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure section 1094.6(b), with a copy submitted to the City Clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure section 1094.6. If a timely appeal is filed, any revocation shall be stayed pending the decision of the Hearing Officer. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal.

B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one year following such final action.

(Ord. No. 1110, § 4, 9-3-2019)

A. Except as otherwise permitted in this Chapter or the Municipal Code, no sidewalk vendor shall vend in any of the following locations:

1. To the fullest extent permitted by law, any public property other than a sidewalk, including, without limitation, streets, alleys, and City-owned parking structures;

2. Within 200 feet of any other sidewalk vendor;

3. Within 100 feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public;

4. Within 100 feet of a street intersection or traffic signal;

5. Within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller;

6. Within ten feet of any driveway or driveway approach;

7. Within ten feet of a marked crosswalk;

8. Within ten feet of the curb return of an unmarked crosswalk;

9. Within any median strip or dividing section;

10. Within 200 feet of a Police Station or Fire Station.

11. Within 200 feet of a Certified Farmers Market or Swap Meet during the limited operating hours of that Certified Farmers Market or Swap Meet.

12. Within 200 feet of an event held pursuant to a temporary special permit during the limited duration of that special event, provided the City provides the sidewalk vendors any notice, business interruption mitigation, or other rights the City provided to any affected business or property owners under the City's temporary special permit.

13. If a stationary sidewalk vendor, within any residential zone of the City. The prohibition of stationary sidewalk vendors in residential zones shall in no way be construed to and expressly does not permit a roaming sidewalk vendor to operate within a residential zone of the City without a City permit.

14. If a stationary sidewalk vendor, within any Park with a concession stand operated by a vendor under agreement for concessions with the City that exclusively permits the sale of food or merchandise by the concessionaire.

B. Sidewalk vendors must at all times maintain a clearance within a sidewalk sufficient to enable persons to freely pass while walking, running, or using mobility assistance devices.

C. Sidewalk vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half hour after sunset, whichever comes first, except that the hours of operation in non-residential areas shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street.

D. If a sidewalk vendor of food other than solely prepacked food, the vendor shall possess hand sanitizer for use by the sidewalk vendor and patrons.

E. If a stationary sidewalk vendor, the vendor shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requesting use by patrons. The litter receptacle must be large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public. The vendor's litter receptacle may not be left on the sidewalk upon leaving any vending location.

F. If a roaming sidewalk vendor vending from a vending cart, the vendor shall maintain a litter receptacle attached to the vending cart large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public and marked with a sign requesting use by patrons.

G. Sidewalk vendors shall maintain a neat, sanitary, hazard and trash-free ten foot radius of the vending location during hours of operation, and prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all litter generated by the vending operations within a ten foot radius of the vending location in the sidewalk vendor's litter receptacle. Sidewalk vendors shall not throw, deposit, or leave, or permit to be thrown, deposited, or left, any litter, food, or other discarded or abandoned objects, in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City, so that the same might be or become a pollutant.

H. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public property.

I. If a stationary sidewalk vendor remains in place for one hour or longer, the sidewalk vendor must be located within 300 feet of a publicly-accessible restroom.

J. Sidewalk vendors must ensure that food and merchandise are securely fastened to the vending cart in such a manner that the food or merchandise does not fall off or extend outside of the frame of the vending cart.

K. All food and merchandise shall be stored either inside or affixed to the vending cart or carried by the sidewalk vendor.

L. To the fullest extent permitted by law, vending carts shall not be placed on any public property other than a sidewalk.

M. Vending carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way.

N. All signage and advertising related in any way to the sidewalk vendor must be attached to the vending cart or the sidewalk vendor's person, and shall not be electrical, flashing, wind-powered or animated.

O. A vending cart approved by the Riverside County Department of Environmental Health to vend one type or types of food may not be used to vend a different type of food.

P. Sidewalk vendors shall possess at all times, while vending, a copy of a valid current permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate governmental agency. The sidewalk vendor permit shall be displayed conspicuously at all times on the vending cart or the sidewalk vendor's person. If multiple sidewalk vendors are staffing a vending cart or working as roaming sidewalk vendors, each person shall wear their permit on their person in a conspicuous manner. With respect to all other required permits, the sidewalk vendor shall display a copy of the permit upon request by authorized City employees.

Q. If a sidewalk vendor of food, the vendor shall possess and display in plain view on the vending cart a valid current mobile food facility permit from Riverside County Department of Public Health and, if issued by the Riverside County Department of Environmental Health, a grade.

R. Sidewalk vendors shall comply with all applicable state and local laws, as amended from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter 9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health and Safety Code and Riverside County Ordinances, state Food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal).

S. Not including an attached litter receptacle, vending carts shall not exceed a length of four feet, a width of four feet, or a height, including a roof, umbrella, or awning, of ten feet provided that any umbrella or awning shall be no less than seven feet above the surface of the sidewalk.

T. Vending carts shall not be accompanied by accessories, including, but not limited to, tables, chairs, benches and umbrellas except that one chair and one umbrella may be provided for the purpose of allowing the vendor or an employee to be seated in shade.

U. Vending carts for merchandise, if stored in the City, shall be fully enclosed by a structure with walls and a roof when not in use for sidewalk vending.

V. Vending carts for food shall be stored in accordance with all requirements of the Riverside County Department of Public Health and the City's Health Department.

W. Vending carts shall have locking wheels to prevent uncontrolled movement.

X. Vending carts shall not be left unattended.

Y. Vending carts shall not be left overnight on any public property or rights-of-way.

Z. Sidewalk vendors shall not engage in any of the following activities:

1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products;

2. Vending illegal or counterfeit merchandise;

3. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation;

4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or

5. Vending in a manner that blocks or obstructs the free movement of vehicles, including parked vehicles.

(Ord. No. 1110, § 4, 9-3-2019; Ord. No. 1170, § 6, 2-20-2024)

A. In accordance with Government Code section 51039, a violation of this Chapter by a sidewalk vendor who has a valid current permit issued by the City pursuant to this Chapter is punishable only by an administrative citation, 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.

4. The City may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

B. In accordance with Government Code section 51039, a violation of this Chapter by a person engaged in sidewalk vending without a valid current permit issued pursuant to this Chapter is punishable only by an administrative citation, 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. or his or her designee.

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 permit issued by the City pursuant to this article, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in paragraph A.

5. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this Chapter is committed, continued, or permitted by any person.

6. A violation of this Chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this Chapter shall not be subject to arrest except when permitted under law. Further, failure to pay an administrative citation issued pursuant to this Chapter 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.

7. When assessing administrative citations pursuant to this Chapter, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The administrative hearing officer 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.

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

9. The administrative 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. 1110, § 4, 9-3-2019)