Calistoga Municipal Code Art. I General Provisions

Article XI, Section 7, of the California Constitution confers on local governments the authority to adopt ordinances and regulations designed to promote the public health, safety, and general welfare of their communities. The purpose of this chapter is to establish requirements for the vending of food and goods in the public right-of-way, including but not limited to City facilities and parking lots, to prevent traffic, enhance safety, and mitigate health hazards. The primary purpose of the public streets, sidewalks, parking lots, and other public ways is for use by vehicular and pedestrian traffic. Regulating street and sidewalk vending will protect the public health and safety and ensure safe pedestrian and vehicular traffic. Unregulated peddling, street vending, and mobile food vending in the public right-of-way contribute to traffic congestion and can impede the orderly movement of pedestrians and vehicles. The requirements set forth in this chapter are intended to protect the public's health, safety, and welfare by ensuring that vendors on public property provide safe and sanitary conditions for consumers and the general public, are adequately insured, and are properly permitted with the City and licensed with other agencies.

(Ord. 775 § 2 (Exh. A), 2025)

For the purpose of this chapter, certain words and phrases shall be construed as herein set forth below:

"Administrator"

means the City Manager, or the agent, employee or designee charged with issuing the permits required by this chapter.

"Commercial zone"

means the downtown commercial (DC) district, community commercial (CC) district, and light industrial (LI) district as more fully defined in CMC Title 17, Zoning.

"Compact mobile food operation"

means a mobile food facility that operates from an individual, a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

"Enforcement officer"

means any City sworn peace officer, code enforcement officer or inspector, or other employee or agent designated with authority to enforce any provision of this code.

"Food"

means and refers to any substance as defined by California Health and Safety Code Section 113781, or any successor section, as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

"Food preparation"

shall have the same meaning as the term defined in California Health and Safety Code Section 113791, or any successor section, as packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food but does not include trimming of produce.

"Goods," "wares," or "merchandise"

mean any tangible item or personal property offered for sale that is not food or beverages.

"Health permit"

means any and all permits necessary to vend food or beverages required by the Napa County Department of Environmental Health.

"Hearing officer"

means a person appointed by the City Manager or their designee, in compliance with any and all applicable legal requirements, to serve as the hearing officer for administrative citation hearings.

"Mobile food facility"

shall have the same meaning as the term defined in California Health and Safety Code Section 113831, or any successor section, as any mobile unit or mobile food vending vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility or other approved source to the consumer.

"Mobile food vending vehicle"

is a type of mobile food facility that includes any vehicle licensed by the California Department of Motor Vehicles (DMV) and designed and equipped for preparing, cooking, and vending food. Food trucks and trailers are considered mobile food vending vehicles.

"Mobile food vendor"

is a type of vendor who is an owner or operator of a mobile food vending vehicle or compact mobile food operation.

"Mobile unit"

means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for the purpose of vending.

"Peddler"

means any person who travels by foot or by any type of conveyance from door to door, house to house, place to place, or street to street, carrying, conveying, or transporting food, goods, wares, merchandise, or other personal property of any nature whatever, offering or exposing the same for sale or making sales and delivering articles to purchasers, or who without traveling from place to place sells or offers the same for sale from any vehicle or from any place not a permanent store building. "Peddler" also means a person offering goods, wares, or merchandise for sale or future delivery from a fixed place of business if the goods, wares, or merchandise are sold during a temporary or limited period of time or seasonally.

"Permit"

shall mean any written authorization required pursuant to this chapter. Permit types pursuant to this chapter include peddler permits, solicitor permits, street vendor permits, and mobile food vendor permits, which shall be referred to as such or collectively as "vendor permits."

"Person"

means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city, county, or other political subdivision, or any other group or combination.

"Potentially hazardous food"

shall have the same meaning as the term defined in California Health and Safety Code Section 113871, or any successor section, as a food that requires time or temperature control to limit pathogenic microorganism growth or toxin formation and includes a food of animal origin that is raw or heat-treated, a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, cut tomatoes or mixtures of cut tomatoes.

"Prepackaged food"

shall have the same meaning as the term defined in California Health and Safety Code Section 113876, or any successor section, as any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, a food facility, or other approved source.

"Public right-of-way" or "right-of-way"

means any public street, public sidewalk, public way, public alley, or public place, laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, within the jurisdiction of the City.

"Residential zone"

means any area zoned exclusively as residential in CMC Title 17, Zoning.

"Roaming vendor"

has the same meaning as 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.

"Solicitor"

is a type of vendor who goes upon the premises of any private residence in the City soliciting, taking orders, advertising, canvassing, or making demonstrations for any goods, wares, merchandise, things or articles of value, donations, or services to be performed at that time or in the future.

"Special event"

means an event as defined in Chapter 5.18 CMC, Special Events.

"Stationary vendor"

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

"Street vendor"

is a type of vendor who vends from a mobile unit, or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance, or from one's person, upon the public right-of-way. The term "street vendor" is synonymous with sidewalk vendor.

"Vehicle"

has the same meaning as in California Vehicle Code Section 670.

"Vend," "vends," or "vending"

means to sell, offer for sale, expose, or display for sale, solicit offers to purchase, or to barter goods, wares, merchandise, food, beverages, or services, or to require someone to negotiate, establish or pay a fee before providing goods, wares, merchandise, food, beverages, or services, even if characterized as a donation on public property.

"Vendor"

means any person who vends within the City.

"Waste"

means putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, debris, trash, refuse, paper, rubbish, and food waste, including oil, grease, and food scraps.

(Ord. 775 § 2 (Exh. A), 2025)

A. No person may perform any peddling, soliciting, street vending, or mobile food vending activities within a public right-of-way or on any street, sidewalk, alley, walkway, or pedestrian path available to the public anywhere within the City without first having obtained a vendor permit from the administrator pursuant to this chapter.

B. Any vendor permit issued pursuant to this chapter shall automatically expire, terminate, and be of no further force and effect at 10:00 p.m. on December 31st of each year.

C. Any vendor permit issued pursuant to this chapter is nontransferable.

(Ord. 775 § 2 (Exh. A), 2025)

A vendor permit may be approved and issued by the administrator; provided, that the administrator determines the applicant has met the following requirements:

A. Any person seeking a vendor permit must complete an application on a form provided by the City accompanied by the fees established by resolution of the City Council. The application form will include, at a minimum, the following information:

1. A copy of a California 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);

2. Names, addresses, and telephone numbers of the vendor applicant and of all persons financially interested in the business;

3. 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;

4. A statement of the type of goods, wares, merchandise, food, beverages, or services to be peddled, solicited, or vended;

5. Description and quantity of vehicles the street and mobile food vendor applicant intends to operate, along with a copy of the current registration of each vehicle;

6. Description and quantity of the mobile units the street and mobile food vendor applicant intends to operate;

7. The location(s) at which the street and mobile food vendor applicant intends to operate and whether the street and mobile food vendor intends to operate as a stationary or roaming vendor;

8. Intended day(s) and hours of operation at such location(s);

9. A current business license issued by the City;

10. Proof of a valid California Department of Tax and Fee Administration Seller's Permit and additional licenses from State or local agencies to the extent required by law;

11. Proof of a valid Health Department Permit and California Retail Food Code compliance for food-related vending, if applicable;

12. Evidence of general liability and automobile liability insurance in a form and at levels of coverage acceptable to the City;

13. Agreement by the applicant to indemnify and hold harmless the City, City Council and its commissions, agents, officers, officials, employees, and volunteers from any and all damages, liabilities, injuries, losses, costs, and expenses and from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant's operation or by hazardous or negligent conditions at the applicant's operation brought against the City or its agents, officers, officials, employees, or volunteers;

14. Completed, City-provided live scan request form signed by live scan operator;

15. A statement as to whether or not the applicant has ever had any license or permit issued by any agency or board, city, county, or state revoked or suspended or has had any professional or vocational license or permit revoked or suspended, and the reason(s) for the revocation(s);

16. A declaration that the sidewalk vendor shall comply with all applicable Federal, State, and local laws; and

17. A declaration that the information provided to the City is true and correct.

B. The application shall be accompanied by an application fee for each vehicle, unit, and vendor. If the application is denied, the application fee shall not be returned to the vendor applicant. This nonrefundable fee shall cover the actual costs of processing the applications and administering the vendor permit program. The application fee shall be established by City Council resolution.

C. Upon receipt of a completed application, the administrator will conduct an investigation of the application and may issue a vendor permit to the vendor applicant within 30 days of its receipt if the administrator finds that all of the following conditions have been met:

1. An accurate application has been filed;

2. The required application fee has been paid;

3. All applicable provisions of this chapter have been or will be met; and

4. The applicant and all persons listed in subsection (A)(2) of this section have no previous convictions under State law concerning theft, possession of stolen property, the sale of narcotics, or a crime involving moral turpitude.

D. The administrator may deny the application if it is inaccurate, incomplete, or unable to meet the requirements of subsection (C) of this section or if no application fee has been submitted.

E. The administrator may revoke or suspend a vendor permit if it is determined and found thereafter that the application was inaccurate, that the vendor permit holder failed to meet requirements of this chapter, or that the vendor is operating in a manner detrimental to public health, safety or the general welfare of the City, or if the vendor has been issued four or more violations of this chapter during the term of the vendor permit.

F. Any denial, suspension, or revocation of a vendor permit application may be appealed to the City Council pursuant to the provisions of Chapter 1.20 CMC, Appeals.

(Ord. 775 § 2 (Exh. A), 2025)

It shall be unlawful to peddle, solicit, vend, or distribute any goods, wares, merchandise, food, beverages, or services within the City without first obtaining a business license and paying the applicable business license tax, pursuant to Chapter 5.04 CMC, Business Licenses Generally. The original of the City business license shall be displayed conspicuously at all times on the street vendor's vehicle and at the location of the sidewalk vendor.

(Ord. 775 § 2 (Exh. A), 2025)

A. All required evidence of general liability and automobile liability insurance in a form available for review and inspection and at levels of coverage acceptable to the City shall be maintained while conducting operations under a City-issued vendor permit.

B. Street and mobile food vendors shall not leave their mobile unit(s), mobile food vending vehicle(s), goods, wares, merchandise, food, or beverages unattended to solicit business for their vending activities. Mobile units and mobile food vending vehicles shall not be stored on public property and shall be removed from public property when not in active use by a vendor.

C. No vending shall occur from any vehicle in the City except for the sales of food and beverages for immediate consumption from a mobile food vendor operating a mobile food vending vehicle and in possession of a mobile food vendor permit and business license from the City.

D. In accordance with Chapter 8.17 CMC, Reusable Foodware and Waste Reduction, the use and sale of polystyrene products, single-use plastic foodware items, and single-use plastic bags are prohibited. All street and mobile food vendors are to adhere to the regulations set forth in Chapter 8.17 CMC, Reusable Foodware and Waste Reduction, and Chapter 19.12 CMC, Single-Use Plastic Bag Reduction. Any violations of the chapters listed in this subsection by any person are subject to the specified chapter's penalties.

(Ord. 775 § 2 (Exh. A), 2025)

All vendors shall refrain from leaving waste in any location during their operations. Stationary vendors shall maintain the area near their mobile unit or mobile food vending vehicle free from any waste, and all waste generated within a minimum of a 100-foot radius of the operation site must be collected prior to the closure of operations. Any violation of this section may result in the issuance of a notice of violation and order to abate pursuant to Chapter 1.12 CMC, Nuisance Abatement.

(Ord. 775 § 2 (Exh. A), 2025)

Peddlers, solicitors, street vendors, and mobile food vendors are prohibited from peddling, soliciting, vending, or distributing any items prohibited by Federal, State, or local law, including the following items and any other items specified in CMC Title 8, Health and Safety:

A. Alcoholic beverages;

B. Adult-entertainment-oriented materials;

C. Tobacco, tobacco products, or electronic smoking devices;

D. Cannabis or cannabis products;

E. Weapons, including knives, guns, or explosive devices;

F. Fireworks; and

G. Pharmaceuticals.

(Ord. 775 § 2 (Exh. A), 2025)

Peddlers, solicitors, street vendors, and mobile food vendors shall not engage in any of the following activities:

A. Conducting the business or vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety, or welfare;

B. Causing any loud or unnecessary noise in a manner that violates the general noise regulations detailed in Chapter 8.20 CMC, Nuisances, including those produced by amplified sound;

C. No person shall shout or call their wares in a loud, boisterous, or unseemly manner or to cause disturbance of citizens or dwellers in the City;

D. Cooking or use of any appliance with an open flame outside of a mobile food vending vehicle is prohibited; and

E. Any behavior that could be constituted as harassment or deceit.

(Ord. 775 § 2 (Exh. A), 2025)

A. Any peddler, solicitor, street vendor, or mobile food vendor shall be exempt from the remainder of this section when authorized by the City to participate in an event pursuant to a special event permit, street closure permit, or any other permit specifically authorizing such activity issued by the City.

B. No peddler, solicitor, street vendor, or mobile food vendor may engage in vending or otherwise operate:

1. Within 200 feet of a permitted certified farmers' market or a permitted swap meet during the limited operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code and any regulations adopted pursuant to that article;

2. Within 200 feet of an area designated for a special event operating with a permit issued by the City; provided, that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City's special event permit are also provided to any peddler, solicitor, street vendor, or mobile food vendor specifically permitted to operate in the area, if applicable. For purposes of this subsection, a special event permit is 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 or special event permit. A prohibition of any peddler, solicitor, street vendor, or mobile food vendor pursuant to this subsection shall only be effective for the limited duration of the special event permit; and

3. Upon any public street, sidewalk, right-of-way, or other public place within 200 feet of the nearest property line of any public or private school serving students under 18 years of age between the hours of 7:00 a.m. and 5:00 p.m. of any school day.

C. In order to protect pedestrian health and safety and to accommodate public street access, parking, and traffic, street and mobile food vendors shall be subject to the conditions set forth below:

1. Street and mobile food vendors shall not operate in a manner where the operation, vending equipment, and queuing of patrons obstruct the right-of-way, including blocking vehicular or bicycle traffic, the flow of pedestrian traffic, ingress, or egress from adjoining property, or otherwise creating hazards for vehicle or pedestrian traffic.

2. Street and mobile food vendors shall not operate in a manner where the operation, vending equipment, and queuing of patrons reduce the width of a public right-of-way to less than the minimum standards required by Federal and State accessibility laws, as modified from time to time so as to enable persons to freely pass while walking, running, or using mobility assistance devices and to ensure compliance with Americans with Disabilities Act (ADA) regulations.

3. Pursuant to California Streets and Highways Code Section 731, no street or mobile food vendor may park or be located wholly or partly within any State highway or State right-of-way.

4. No street and mobile food vendor shall be located on any public sidewalk or within any public street within 15 feet of a(n):

a. Curb which has been designated as a white, yellow, blue, or red zone;

b. Street or roadway intersection controlled by a traffic light, crosswalk, or stop sign;

c. Public street, alley, or highway with speed limits greater than 35 miles per hour;

d. Bike racks, benches, bus stops, or similar public use items;

e. Fire call box, police call box, or emergency facility;

f. Driveway or driveway apron;

g. Entrance to or emergency exit of any building, structure, facility, or business during the hours that the building or business is open to the public; or

h. Fire hydrant or location to which law enforcement or emergency services personnel require unimpeded access.

5. No street and mobile food vendor shall operate within 50 feet of an outer edge of any entrance of any business which serves food on private property during the hours such business is open to the public. This prohibition may be waived with the written consent of such business.

6. No street and mobile food vendor shall operate within 200 feet of a:

a. Fire station;

b. Police station; or

c. Place of worship.

7. Vendors are prohibited from sidewalk vending in parks and within 200 feet of other City-owned facilities and event spaces that have exclusive, signed concession agreements. The administrator shall maintain a list of parks and facilities with an exclusive concession agreement and provide a copy of such list with the issuance of any vending permit.

8. In order to preserve peace and safety, stationary vendors shall not operate in any area that is zoned exclusively residential. Roaming vendors may operate in exclusively zoned residential areas only between the hours designated in CMC § 5.10.270, § 5.10.370, and § 5.10.470.

9. A mobile food vendor may vend on private property if the vendor has written permission from the property owner.

(Ord. 775 § 2 (Exh. A), 2025)

A violation of this chapter by a vendor is subject to an administrative citation pursuant to Chapter 1.28 CMC, Administrative Citations, as follows:

A. For vending without a valid license or permit:

1. An administrative fine of $250.00 for a first violation.

2. An administrative fine of $500.00 for a second violation within one year of the first violation.

3. An administrative fine of $1,000 for a third violation and each subsequent violation within one year of the first violation.

4. Upon proof of a valid permit issued by the City before such fines are due, the City will reduce the amount of the fines to $100.00 for the first violation, $200.00 for the second violation, and $500.00 for each violation thereafter.

B. For all violations of this chapter other than vending without a valid license or permit as outlined in subsection (A) of this section:

1. An administrative fine of $100.00 for a first violation.

2. An administrative fine of $200.00 for a second violation within one year of the first violation.

3. An administrative fine of $500.00 for a third violation within one year of the first violation.

4. An administration fine of $500.00 for a fourth and each subsequent violation and revocation of the license or permit.

C. The City will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.

D. If the person meets the criteria described in California Government Code Section 68632(a) or (b), the City shall accept, in full satisfaction, 20 percent of fines assessed pursuant to this section. Additionally, the hearing officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

E. Any person may appeal any administrative citation issued for violations of this chapter pursuant to the procedures described in Chapter 1.28 CMC, Administrative Citations.

F. All administrative fines imposed shall be subject to the City's authority to use any civil remedy available to collect any unpaid administrative fine. No interest charges, late charges, or other fees shall be imposed for an administrative citation issued as a result of a violation of this chapter.

(Ord. 775 § 2 (Exh. A), 2025)