Calabasas Municipal Code Ch. 9.07 Sidewalk Vending

As used in this chapter the following meanings shall apply:

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

"Sidewalk vending receptacle" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.

"Sidewalk vendor" means a person who sells food or merchandise from a sidewalk vending receptacle, or from one's person, upon a public sidewalk or other pedestrian path.

"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.

(Ord. No. 2019-371, § 3, 1-9-2019)

A. Only sidewalk vendors with valid sidewalk vending permits issued by the public works director may vend upon the city's public right-of-way.

B. A sidewalk vending permit shall be valid for a period of one (1) year from the date of issuance, unless sooner revoked as set forth in this article.

C. To apply for a sidewalk vending permit, the applicant must provide:

1. A completed application form containing:

a. Their name and mailing address;

b. Description of the merchandise offered for sale or exchange;

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

d. Certification that the information is true to his or her knowledge and belief.

2. A copy of a 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).

3. A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.

4. A copy of a valid mobile food permit issued by the Los Angeles County Department of Public Health, as required.

5. A statement indicating whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended method and path of travel.

D. To ensure the safety of residents and the merchantability of products sold by vendors without a fixed place of business, the city requires all sidewalk vending applicants to undergo a fingerprinting background check and to submit the results to the city as an attachment to their application.

E. The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of the Calabasas Municipal Code.

(Ord. No. 2019-371, § 3, 1-9-2019)

A. To maintain accessibility standards for the city's disabled residents, every sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk to less than forty-eight (48) inches, exclusive of the top of the curb. No obstruction shall be located in a sidewalk or public right-of-way less than six (6) feet in width when the sidewalk is adjacent to the curb.

B. To prevent food-borne illness and protect the health and safety of the city's residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves.

C. To prevent dangerous distractions and promote the general welfare of the city's residents, sidewalk vendors emitting any loud, unnecessary and unusual noises must comply with Section 9.25.010 of this Code.

D. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way.

E. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way from ten p.m. to eight a.m. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city.

F. To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way.

G. To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other non-motorized conveyance on a public-right-of-way with a slope greater than five (5) percent.

H. To preserve accessibility to private and public facilities, a sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed impeding entry to and exit from a business or residence or access to a public facility.

I. A sidewalk vendor shall not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana, or adult-oriented material depicting, describing or relating to sexual activities.

J. A sidewalk vendor must carry a waste disposal bag or container to permit the disposal of trash, food, or liquids.

K. No sidewalk vending receptacle shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials. A sidewalk vendor may not use an open flame on or within any sidewalk vending receptacle.

L. 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, trashcans or traffic barriers.

(Ord. No. 2019-371, § 3, 1-9-2019)

A. Sidewalk vending hours' limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate twenty-four (24) hours.

B. Sidewalk vending is limited to the hours of nine a.m. through five p.m. for areas that are exclusively residential.

C. Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential.

D. A stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one (1) or more concessionaires for that city park.

E. A sidewalk vendor is prohibited from operating within five hundred (500) feet of a permitted certified farmers' market, a permitted swap meet, or any area subject to a temporary use permit for the duration of the permit.

F. To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no sidewalk vendor is permitted to operate within five hundred (500) feet of a public or private school during the period extending of one (1) hour before the start of classes and one (1) hour after the end of classes.

G. To protect the health and safety of school children, no state-registered sex offender may operate as a sidewalk vendor within five hundred (500) feet of a public or private school at any time.

(Ord. No. 2019-371, § 3, 1-9-2019)

A. Every person vending without a sidewalk vending permit is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. Two hundred fifty dollars ($250.00) for a first violation; or

2. Five hundred dollars ($500.00) for a second violation within one (1) year of the first violation; or

3. One thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation.

4. Upon proof of a valid permit issued by the public works department, the administrative fine in Section 9.07.050(A) will be reduced to the corresponding administrative fine in Section 9.07.050(B).

B. Every person violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. One hundred dollars ($100.00) for a first violation; or

2. Two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; or

3. Five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

4. The public works director may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter.

C. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the city may levy a lien on the violator's real or personal property, including the vehicle used for vending purposes.

D. An administrative violation constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter.

(Ord. No. 2019-371, § 3, 1-9-2019)

A. Any fine issued under Section 9.08.050 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.

B. If the requestor is receiving public benefits under Government Code section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five (125) 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 public works director will limit the total amount of the requestor's administrative fine to twenty (20) percent of the total and may:

1. Allow the person to complete community service in lieu of paying the total administrative fine; or

2. Waive the administrative fine; or

3. Offer an alternative disposition.

(Ord. No. 2019-371, § 3, 1-9-2019)