Burbank Municipal Code Art. 27 Sidewalk Vendors (CA)

3-4-2701: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

CERTIFIED FARMERS’ MARKET: 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, as both may be amended.

CITY: the City of Burbank.

DIRECTOR: the Director of Community Development Department or their designee.

FOOD: Any type of raw, cooked, or processed edible or consumable substance, including any food product or beverage.

MERCHANDISE: Any tangible goods or items that are not food.

PARK: a public park owned or operated by the City.

PERSON: any natural person, firm, association, organization, partnership, joint venture, business trust, corporation, or company.

ROAMING SIDEWALK VENDOR: a sidewalk vendor who operates by traveling from place to place and stops only to complete a transaction.

RULES AND REGULATIONS: Detailed requirements or additional requirements regulating the time, place, and manner, adopted by Council resolution, concerning sidewalk vending meant to clarify, aid, and/or add to the administration and enforcement of this article.

SIDEWALK: a public sidewalk or paved pedestrian path specifically designed for pedestrian travel.

SIDEWALK VENDOR or VENDOR: 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 sidewalk within the City.

SIDEWALK VENDING: refers to vending from a vending cart or one’s person, upon a sidewalk, conducted by a sidewalk vendor.

SPECIAL EVENT PERMIT: 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.

STATIONARY SIDEWALK VENDOR: a sidewalk vendor who operates from a fixed location.

VEND or VENDING: 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: 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. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2702: LICENSE REQUIRED:

No person shall engage in sidewalk vending without first obtaining a business license therefor from the City’s Community Development Department and paying an application fee as required by Section 3-6- 204 of this Code and a license fee in the amount set forth in the Burbank Fee Resolution. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2703: APPLICATION PROCEDURE:

An application for a sidewalk vending license shall include the following information:

A. The applicant’s name, current mailing address, and telephone number;

B. A copy of a valid California’s driver’s license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by Government Code section 51038(c)(4);

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

D. A description of the food and/or merchandise to be offered for sale and any vending equipment to be used (including the dimensions of the vending carts and mode of transportation);

E. A copy of a valid California Department of Tax and Fee Administration seller’s permit, as required;

F. If a vendor of food, proof of all required approvals from the Los Angeles County Department of Public Health;

G. A description, map, or drawing of the location(s) in which the applicant proposes to operate;

H. A statement of the days and hours of proposed vending operations and whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;

I. Proof of comprehensive general liability insurance with minimum policy limits of one million dollars ($1,000,000) per occurrence, combined single limit coverage, and one million dollars ($1,000,000) in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the City as an additional insured.

J. 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.

K. The applicant’s certification that, to their knowledge and belief, the information contained in the application is true; and

L. Such other information as the Director deems necessary for the administration or enforcement of this article as specified on the required application form. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2704: GROUNDS FOR DENIAL:

A. Applicants will be notified in writing of the Director’s decision to approve or deny an application for a sidewalk vending license. If an application is denied, the reasons for denial will be set forth in the written notice.

B. An application may be denied on the following grounds:

The proposed vending location encroaches on a public sidewalk without maintaining an unobstructed pedestrian access route as specified in Section 3-4-2708(E)(6).
The proposed vending operation, including the equipment to be used by the vendor, fails to comply with all applicable health, zoning, fire, building, and safety laws of the State of California, the County of Los Angeles or the City.
The applicant has knowingly made a false, misleading, or fraudulent statement of material fact in the application or omitted required information.
The applicant does not possess all state and local permits necessary for the proposed operations.
The applicant has had a license issued pursuant to this article revoked within the preceding twelve months.
The applicant has received three (3) or more administrative citations for violations of this article within the preceding twelve months.
The applicant has failed to demonstrate an ability to conform to the operating requirements set forth in section 3-4-2708 of this article.
The applicant is indebted to the City for any unpaid fee or fine for violation of any provision in this article. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2705: TERM AND RENEWAL:

A. A sidewalk vending license shall be valid until June 30 of the City fiscal year in which the license was issued, unless revoked prior to that date in accordance with the provisions of this article, and may be renewed annually thereafter.

B. Each sidewalk vendor who seeks to renew a license pursuant to this article shall submit a renewal application on a City-approved form and tender any applicable fees to the Director no later than thirty calendar days prior to the expiration of the vendor’s current license. Unless timely renewed, any license issued pursuant to this article shall expire and become null and void at the end of its term.

C. An application to renew a license issued pursuant to this chapter may be denied by the Director upon the grounds set forth in Section 3-4-2704. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2706: LICENSE NONTRANSFERABLE:

A sidewalk vending license shall not be transferable to any person or be valid for vending operations in any location(s) other than that location specified in the license application. [Added by Ord. No. 20- 3,947, eff. 1/8/21.]

3-4-2707: EXEMPTIONS:

A sidewalk vending license shall not be required for the following activities:

A. Events conducted in accordance with a Special Event Permit, including, but not limited to, a certified farmers’ market.

B. Any other activities that are included in the Rules and Regulations. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2708: OPERATING REQUIREMENTS:

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

Any public property or park grounds, including, without limitation, trailheads, streets, alleys, and City-owned parking structures, except on a public sidewalk;
Within one block of a certified farmers’ market or a swap meet, during the limited operating hours of these events;
Within one block of an area designated for a Special Event Permit for the limited duration of the permitted event. Any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the city’s special event permit will also be furnished to a sidewalk vendor permitted to operate in the area;
Within one block of any public or private school grounds, between the hours of 8:00 a.m. and 5:00 p.m., on days that school is open to students;
Within twenty-five feet of any on-street valet loading zone, any City-designated passenger loading zone, or any taxicab stand;
On or within any roadway, median strip, or dividing section;
Any designated prohibited areas described in the Rules and Regulations;
On private property without the consent of the property owner and a City--issued permit; or
Within one hundred feet of another vendor.
Within one hundred feet of a driveway or entry to a fire station or police station.
Within three feet of the display window of any building abutting the sidewalk or parkway that interferes with the reasonable use of such window.
Within 25 feet of a train boarding platform or track.
Within five feet from any fire hydrant, fire call box, or other emergency notification device;
Within five feet of any electric utility cabinet, traffic signal control cabinet, communications cabinet;
Within 10 feet of a marked crosswalk or the curb return of an unmarked crosswalk.

B. The City’s Burbank Center Specific Plan, Media District Specific Plan and Magnolia Park Plan have been created to encourage a concentration of retail, shopping and dining opportunities. Due to widths of the public sidewalks and high volume of pedestrian and vehicular traffic, sidewalk vending is prohibited on the following portions of the specified streets:

North San Fernando Boulevard between Magnolia Boulevard and East Olive Avenue, and South San Fernando Boulevard between East Olive Avenue and East Angeleno Avenue.
East Orange Grove Avenue between North First Street and Third Street.
West Magnolia Boulevard between North Buena Vista Street and North Screenland Drive where the public sidewalk is 10 feet in width or less.
Riverside Drive between North Hollywood Way and Clybourn Avenue.

C. Stationary sidewalk vendors shall not operate in residential zones or in any park for which the City has entered an exclusive concessionaire agreement; they may only operate at the location(s) designated in a license issued pursuant to this article and only during the times set forth therein.

D. Roaming sidewalk vendors shall not operate within residential zones between the hours of 8:00 p.m. and 9:00 a.m., and shall not operate on any City block for more than one hour in any four-hour period.

E. All sidewalk vendors are subject to the following requirements:

The Vending Cart may not exceed six feet in length by four feet in width by five feet in height.
Maintain and ensure compliance with all state and local permits necessary for the proposed vending operation;
Keep the information furnished to the City under Section 3-4-2703 of this Code current;
Carry a license issued pursuant to this article at all times when operating in the City, and present the license for inspection at the request of any City staff member or law enforcement officer;
Ensure that vending operations or locations are not located over a pull box, maintenance hole, hand hole or any enclosure located in a public sidewalk or right-of-way;
Maintain an unobstructed pedestrian access route at sidewalk vending locations that is clear of any vending equipment or public obstructions including, but not limited to, street trees, news racks, bus benches, transit shelters, and curb lines. The minimum width of unobstructed routes must be suitable for the width of the sidewalk:

a. Five feet when the sidewalk is no greater than thirteen feet wide;

b. Six feet when the sidewalk is greater than thirteen feet but no greater than seventeen feet wide; and

c. Eight feet when the sidewalk is greater than seventeen feet wide.

Ensure that vending operations are not blocking and are at least five feet from the entrances to any buildings, driveways, or vehicle parking spaces;
Ensure that equipment used in connection with sidewalk vending operations are not stored or left unattended in public spaces or in any portion of the public right-of-way. (Equipment or objects left in public spaces or in the public right-of-way overnight, or outside the hours of permitted vending operations, may be seized or disposed of by the City in accordance with Section 5-3-211 of this Code);
Ensure that signs, tables, chairs, shade structure, fences, or other furnishings not approved for use in a sidewalk vending license are not used in vending operations;
Do not use any horns, music, lights, visual media, or any sound amplifying device unless expressly approved in the vending license;
Do not sell or offer for sale lottery tickets, alcohol, cannabis, adult oriented material, tobacco or electronic cigarette products, or any living animal;
Do not operate in the City between 12:00 a.m. and 6:00 a.m. If the City’s zoning allows any businesses on a particular street block to remain open until 2:00 a.m., then sidewalk vendors are prohibited from operating between 2:00 a.m. and 6:00 a.m. on that particular street block;
Do not use or attach any water lines, electrical lines, or gas lines during vending operations;
Ensure that sidewalk vending equipment does not physically alter or otherwise damage the underlying sidewalk;
Comply with all applicable food labeling requirements established by state and local laws;
Maintain vending operations in sanitary condition, including ensuring proper recycling and disposal of any waste produced as a result of said operations. (Vendors must operate with their own waste containers to allow the proper recycling or disposal of trash, food, or liquids generated by their operations and must leave their operations’ area clean by closing time);
No operations that produce smoke, vapors, or noxious odors within 20-feet of an openable window, vent or intake duct;
No equipment that produces a flame, spark or heat is allowed within the City’s Very High Fire Hazard Severity Zone;
No operation of generators or equipment containing wet cell batteries;
Cease vending operations in any park one hour prior to park closure; and
Comply with all Rules and Regulations. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2709: LICENSE REVOCATION:

A sidewalk vendor license may be revoked after the licensee is afforded written notice and an opportunity to be heard respecting a citation for the licensee’s fourth or subsequent violation of the requirements set forth in this article. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2710: APPEAL PROCEDURES:

A. The appeal of a denial or revocation of a sidewalk vendor license shall be conducted as follows:

Any person aggrieved by a decision denying or revoking a license pursuant to this article may appeal the Director’s decision by filing a written appeal to the Community Development Department. Appeals must be filed within fifteen (15) business days after notice of the Director’s decision has been mailed to the applicant’s address. A timely appeal will stay the enforcement of any decision to revoke a license. Appeals of the Director’s decision may be filed according to the appeals procedure stated in Title 2, Chapter 1, Article 15, of this Code.
The appeal shall be conducted within a reasonable time, but not less than thirty (30) days, at a hearing before a neutral hearing officer designated by the City Manager. Not less than five (5) business days prior to the hearing, the Director or a designee shall give notice of the time and place of the hearing. The decision of the hearing officer shall be based upon the criteria applicable to the issuance or revocation of such license. The hearing officer may affirm, modify or reverse the decision of Director and shall state the reasons therefor. The decision of the hearing officer shall be final when rendered. Within thirty (30) calendar days of the hearing, the hearing officer shall notify the appellant of the decision, in writing, which shall be final. An aggrieved person may obtain judicial review within the time and in the manner provided for in California Code of Civil Procedure Section 1094.6, or any successor legislation.

B. Section 1-1-108.1 of this Code applies to any appeal of an administrative citation issued under this article. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2711: PENALTIES:

A. A violation of this article is not punishable as an infraction or misdemeanor, and no person will be subject to arrest for sidewalk vending unless said person has violated a law for which a person may be arrested.

B. A violation of this article is punishable only by an administrative fine according to a fee schedule adopted by resolution of the City Council.

C. Notwithstanding any other provision of this Code, failure to pay an administrative fine assessed under this section is not punishable as an infraction or misdemeanor, and additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

3-4-2712: ABILITY-TO-PAY DETERMINATION:

A. When assessing an administrative fine under this article, the City will take into consideration a person’s ability to pay the fine.

Any fine issued under this article will be accompanied by notice of and instruction regarding a person’s right to request an ability-to-pay determination.
A 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.

B. If a person is receiving public benefits under Government Code Section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the person’s administrative fine will be limited to twenty percent of the amount assessed according to the fee schedules in Section 5.122.110(b). The City may also take the following actions:

Allow the person to complete community service in lieu of paying the total administrative fine;
Waive the administrative fine; or
Offer an alternative disposition. [Added by Ord. No. 20-3,947, eff. 1/8/21.]

1 Code reference: See Chapter 6 of this title for general provisions on licenses and permits.

2 State law reference: As to automobile dealers generally, see Veh.C. §§ 11700-11824. As to Dealer’s Anti-Coercion Act, see Bus. & Prof.C. §§ 18400-18413.

3 State law reference: As to peddlers, see Labor C. §§ 270.6, 272, 1298, 1303-1305, 1308. As to solicitation for charity, see Welf. & Inst.C. §§ 148, 148.1-148.9. As to solicitation of election campaign contributions, see Elec.C. §§ 12300-12303; 29460.

4 Prior legislation: Ordinance 3048.

5 Prior legislation: Ordinance 19-3,920 amends and restates this article in its entirety, which derives from Ordinances 2679, 2891, 3058, 3756 and 3769.

6 Code reviser’s note: Section 10 of Ord. No. 19-3,921 provides, “Notwithstanding the effective date of this Ordinance, Section 3-4-2508, Sale of Flavored Tobacco Products Prohibited, will not be enforced until May 1, 2020.”

7 Code reviser’s note: This section was renumbered at the city’s request to avoid duplication of numbering resulting from amendments made by Ord. No. 19-3,921.