Brea Municipal Code Ch. 5.244 Sidewalk Vending

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

"Permit."

A sidewalk vending permit issued pursuant to this chapter and the sidewalk vending policy.

"Person."

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.

"Sidewalk vendor."

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 publicly owned pedestrian path.

"Sidewalk vending policy."

The most current sidewalk vending policy adopted by resolution of the City Council.

"Vend or vending."

To sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.

"Vending cart."

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. 1210, 10-1-2019)

No person, either for himself or herself or for any other person, shall conduct or engage in sidewalk vending within the city without first obtaining a sidewalk vending permit pursuant to this chapter and the sidewalk vending policy. No sidewalk vendor shall utilize a vending cart to engage in vending unless the sidewalk vendor has a valid permit in his or her possession, authorizing the vending. The sidewalk vendor shall display a copy of the permit on his or her vending cart at all times while engaged in vending.

(Ord. 1210, 10-1-2019)

Every person seeking a sidewalk vending permit shall comply with the permit application process set forth in the sidewalk vending policy. Every person issued a sidewalk vending permit shall, at all times while exercising rights granted thereby, comply in all respects with the sidewalk vending policy. Failure to comply with the sidewalk vending policy, as amended from time to time, is a violation of this chapter and grounds for permit revocation.

(Ord. 1210, 10-1-2019)

A. A violation of this chapter or the sidewalk vending policy by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to Chapter 1.04 of this code, in amounts not to exceed the following:

1. One hundred dollars ($100) for a first violation.

2. Two hundred dollars ($200) for a second violation within one year of the first violation.

3. Five hundred dollars ($500) for each additional violation within one year of the first violation.

B. A person engaged in sidewalk vending without a valid city sidewalk vending permit is punishable by an administrative citation pursuant to Chapter 1.04 of this code in amounts not to exceed the following, in lieu of the amounts set forth in division A. of this section:

1. Two hundred fifty dollars ($250) for a first violation.

2. Five hundred dollars ($500) for a second violation within one year of the first violation.

3. One thousand dollars ($1,000) for each additional violation within one year of the first violation.

4. Upon showing proof of having obtained a valid sidewalk vending permit issued by the city, the citation amount for any person issued an administrative citation for failing to possess a valid permit, shall be the amounts set forth in division A of this section.

C. A violation of this chapter or the sidewalk vending policy 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 Cal. Gov’t Code 68632(a) and (b), the city shall accept, in full satisfaction, twenty percent (20%) 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 penalty, or may offer an alternative disposition.

(Ord. 1210, 10-1-2019)