Blythe Municipal Code Ch. 5.74 Sidewalk Vendors

The purpose of this chapter is to establish a regulatory program for sidewalk vendors that complies with Senate Bill 946 (Chapter 459, Statutes 2018), that encourages certain small business activities and protects the public health, safety and welfare.

(Ord. No. 907, § 1, 7-13-21)

Unless defined in this section, this chapter or elsewhere in this code, the words used in this chapter shall have the same definitions ascribed to them in Chapter 6.2 of Part 1 of Division 1 of Title 5 of the California Government Code. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute.

A. "Certified farmers' market" means 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.

B. "Food" means any item provided in Health and Safety Code section 113781.

C. "Health department" means the Riverside County Department of Environmental Health or any successor agency thereto.

D. "Health permit" means a permit issued by the health department.

E. "Hearing officer" means the city manager or designee.

F. "Median" means roadway medians and parkway islands.

G. "Merchandise" means any item(s) that can be sold and immediately obtained from a sidewalk vendor, which is not considered food; items for rent shall not be considered merchandise.

H. "Public property" means all property owned or controlled by the city, including, but not limited to, buildings, alleys, parks, pathways, bike paths, streets, public rights-of-way, parking lots, sidewalks, and walking trails.

I. "Roaming sidewalk vendor" has the meaning set forth in Government Code Section 51036(b) and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.

J. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian and/or pedestrian and bicycle travel that is paved and owned by the city or other public entity.

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

L. "Sidewalk vendor activities" or "sidewalk vending activity" means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vendor receptacles.

M. "Sidewalk vendor" has the meaning set forth in Government Code Section 51036(a) and includes a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

N. "Stationary sidewalk vendor" has the meaning set forth in Government Code Section 51036(c) and includes a sidewalk vendor who vends from a fixed location.

(Ord. No. 907, § 1, 7-13-21)

A. No person, either for themselves or any other person, shall conduct or engage in any sidewalk vendor activities within the city without first applying for and obtaining a city business license.

B. An applicant for a business license to operate as a sidewalk vendor shall provide the following information:

1. The name and current mailing address of the sidewalk vendor.

2. A description of the merchandise offered for sale or exchange.

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

C. Pursuant to Government Code Section 51038(c)(4), the city shall accept a California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number for the issuance of a business license pursuant to this chapter. The number collected shall be confidential and not available to the public for inspection.

D. The business license shall be on display and visible at all times while the sidewalk vendor is operating in the city.

(Ord. No. 907, § 1, 7-13-21)

All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:

A. Sidewalk vending receptacles and any attachments thereto shall not exceed a total height of four feet measured from the ground, a total width of four feet, and a total length of four feet, except that if equipped with an awning, umbrella or similar attachment designed to provide shade and/or shelter, such attachment shall be a minimum of seven feet above the surface of the sidewalk and maximum of ten feet above the surface of the sidewalk.

B. All food and merchandise shall be stored either inside or affixed to the sidewalk vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property.

C. Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit business for their sidewalk vending activities.

D. Sidewalk vending receptacles shall not be stored on any public property and shall be removed when not in active use by a sidewalk vendor.

E. All signage and advertising related in any way to the sidewalk vendor shall be attached to the sidewalk vending receptacle, if any, or the sidewalk vendor's person, and may not be attached or affixed to any adjacent public or private property.

F. Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated sign.

G. Sidewalk vendors shall not use any sound amplifying equipment or devices.

H. No sidewalk vending receptacle shall be loaded, unloaded, stocked or re-stocked with merchandise and/or food while on any public property, or on any publicly accessible private property without the prior written permission signed by the owner of that property.

I. No sidewalk vending receptacle shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials unless specifically authorized to do so by the terms an applicable health permit.

J. No sidewalk vendor may utilize any generator unless specifically authorized to do so by the terms of an applicable health permit.

K. Sidewalk vendors that sell food shall have on display and available for inspection at all times they are conducting sidewalk vending activities a valid permit issued by the health department.

L. Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacle and shall not empty their trash into public trashcans. Sidewalk vendors shall not place any trash receptacle in or on any public property or right-of-way. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation.

M. Sidewalk vendors that sell food shall dispose of used cooking oil or grease in accordance with all applicable health regulations.

N. Sidewalk vendors shall not discharge any solid or liquid matter onto any public property, and shall immediately clean up any food, grease or other liquid or item related to their sidewalk vending activities that falls on or is otherwise discharged onto public property.

O. All sidewalk vendors shall allow a police officer, firefighter, code enforcement officer, health inspector, or other government official charged with enforcing laws related to the sidewalk vendor's activities, at any time, to inspect their sidewalk vending receptacle.

P. Sidewalk vendors shall maintain a minimum of a four foot clear accessible path free from obstructions, including sidewalk vending receptacles and customer queuing area, in order to enable persons to freely pass while walking, running, or using mobility assistance devices and to comply with the Americans with Disabilities Act.

Q. Sidewalk vending receptacles shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trash cans or traffic barriers.

R. Sidewalk vendors shall not create or set up any seating or table area within the public right-of-way.

S. Sidewalk vendors shall comply with all applicable federal, state and local laws, including, but not limited to, state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarettes, smoking devices and controlled substances regulations; sanitation and health standards; and the Americans with Disabilities Act and other disability access standards (both state and federal).

T. Sidewalk vendors shall obtain and maintain at all times while conducting sidewalk vending activities current liability insurance to protect the city from liability associated with sidewalk vending activities, with a policy limit of not less than one million dollars per occurrence, and shall name the city as an additional insured on the insurance policy. Sidewalk vendors shall provide a copy of the certificate of insurance evidencing they have obtained the required insurance to the city upon request.

U. Upon demand of a peace officer or any other city enforcement official, a sidewalk vendor shall provide a copy of any licenses, permits or certificates of insurance required by this chapter for examination.

V. During an urgent or emergency public safety event, including, but not limited to, traffic accidents, medical emergencies, gas leaks, natural disasters, and fires, the city may temporarily require sidewalk vendors to relocate to another location if doing so is necessary to protect the public health, safety, or welfare.

(Ord. No. 907, § 1, 7-13-21)

Sidewalk vendors shall not engage in the following activities:

A. Renting merchandise to customers.

B. Vending directly to vehicles or persons in vehicles.

C. Selling alcohol, marijuana, adult oriented material, tobacco products, products that contain nicotine and/or marijuana or any product used to smoke/vape nicotine or marijuana, and/or weapons, including, but not limited to, firearms, ammunition, explosives including fireworks, knives, mace, and/or pepper spray.

D. Using an open flame on or within any sidewalk vending receptacle.

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

F. Continuing to offer food or merchandise for sale, following, or accompanying any person who has been offered food or merchandise after the person has asked the sidewalk vendor to leave or after the person has declined the offer to purchase food or merchandise.

G. Vending for commercial purposes at any dwelling, including, but not limited to, a house, apartment, or condominium, where there is a sign indicating "No Solicitations," "Do Not Disturb," or otherwise indicating that the occupants do not wish to be solicited or in any other way have their privacy disturbed.

H. Vending to a captive audience. "Captive audience" shall mean a person or people who are purposefully stationary, such as a person or people in line to attend an event or enter a venue or that are seated in public areas such as benches or picnic tables.

I. Knowingly making false statements or misrepresentations during the course of offering food and/or merchandise for sale regarding those items of food and/or merchandise.

J. Making any statement, gesture, or other communication which a reasonable person in the situation of the person(s) being offered food or merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out.

K. Touching the person(s) being offered food or merchandise without that person(s)' consent.

L. Interfering with any person engaged in or observing an organized recreational or sporting activity being conducted in or adjacent to any park or other public area, by blocking, distracting or impeding the movement or view of any such person or otherwise disrupting the recreational or sporting activity.

M. Placing sidewalk vending receptacles outside of any pathway or sidewalk when engaging in sidewalk vending activities.

(Ord. No. 907, § 1, 7-13-21)

A. Stationary sidewalk vendors are prohibited in areas that are zoned for residential use. This prohibition does not extend to roaming sidewalk vendors.

B. Roaming sidewalk vendors may operate in areas zoned for residential use from nine a.m. to five p.m. Roaming sidewalk vendors shall not stay in one location in areas zoned for residential use for more than ten minutes.

C. Sidewalk vendors may only operate in any area zoned for any non-residential use between eight a.m. and ten p.m., except they may operate between ten p.m. and eight a.m. in areas zoned for commercial use where businesses in such zones are open during those hours, provided the sidewalk vendor is operating within two hundred feet of the open business.

(Ord. No. 907, § 1, 7-13-21)

Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:

A. Any public property that does not meet the definition of a sidewalk or pathway, including, but not limited to, any alley, trail, bike path, square, street, street end, parking lot, or median.

B. On any bike path, or any mixed use path where both bicycles and pedestrians are permitted.

C. Stationary sidewalk vendors shall not operate on any sidewalk or pathway that is less than eight feet wide.

D. Roaming sidewalk vendors shall not operate on any sidewalk or pathway that is less than four feet wide.

E. On any sidewalk, pathway, or other area while public access to such area is posted as being closed or otherwise limited.

F. Within two hundred feet of:

1. A police station or fire station;

2. Any public or private school or child day-care facility during the operating hours of the school or day-care facility, unless the school or day-care facility is hosting an event such as a fair, carnival, or similar activity that is open to the public;

3. Any construction activities in or on the public right-of-way;

4. A permitted certified farmers' market during the operating hours of the farmers' market; and/or

5. Any other sidewalk vendor.

G. Within one hundred feet of:

1. A street intersection or traffic signal;

2. Any public picnic area, playground area or playground equipment; and/or

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

H. Within twenty-five feet of:

1. A fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller;

2. A curb which has been designated as a white, yellow, green, blue, or red zone, or a bus zone;

3. A bus stop, bus shelter, bench, public restroom, bike rack, or waste receptacle;

4. The entrance, exit, or emergency exit to a building, structure or facility;

5. An automated teller machine; and/or

6. A driveway, alley, or entrance or exit to a parking lot or parking garage.

(Ord. No. 907, § 1, 7-13-21)

A. Violations of this chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by administrative citation issued pursuant to Chapter 1.26 of this code subject to the limitations of this section.

B. Any violation of this chapter may be punished by:

1. An administrative fine not exceeding one hundred dollars for a first violation;

2. An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation; and

3. An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.

C. 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.

D. 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.

E. If the person meets the criteria described in Government Code Section 68632(a) or (b), the city shall accept, in full satisfaction, twenty percent of an administrative citation imposed pursuant to this chapter.

F. 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. 907, § 1, 7-13-21)