Cathedral City Municipal Code Ch. 5.98 Sidewalk Vendors

The purpose of this chapter is to establish a sidewalk vending program within the jurisdictional boundaries of the city while maintaining regulations that are directly related to the objective health, safety, and welfare of the city.

(Ord. 867 § 1, 2023)

The following definitions apply to this chapter:

"Cart"

means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and includes a stationary cart or a mobile cart.

"Director"

means the director of the city's planning department.

"Enforcement officer"

means any city code enforcement officer or other employee authorized by the city to enforce the provisions of the city's municipal code.

"Food"

means any type of edible substance or beverage.

"Goods" or "merchandise"

means any item that is not food.

"Health department"

means the Riverside County department of environmental health.

"License"

means a business license issued pursuant to Chapter 3.28 of the city of Cathedral City Municipal Code.

"Mobile cart"

means a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor.

"Permit"

means a permit issued to a sidewalk vendor in accordance with this chapter.

"Person"

or "persons" means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, 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.

"Roaming sidewalk 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.

"Rules and regulations"

means the rules and regulations established by the director concerning the sidewalk vending program that is intended clarify and aid in the administration and enforcement of this chapter.

"Sidewalk"

means any surface in the public right-of-way provided for the use of pedestrians.

"Sidewalk vending program"

means the program established by this chapter that is applicable to sidewalk vending-related activities.

"Sidewalk vendor"

has the same meaning as 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.

"Stationary cart"

means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, that is intended to be operated from a fixed location by a stationary sidewalk vendor instead of being moved from place to place, where stops are limited to completing a transaction.

"Stationary sidewalk 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.

"Vehicle"

means a motorized vehicle as defined in Vehicle Code Section 670.

(Ord. 867 § 1, 2023)

The director is authorized to develop, and enforce, the rules and regulations regarding the permitting and operation of sidewalk vending, in accordance with this chapter.

(Ord. 867 § 1, 2023)

No sidewalk vendor may operate anywhere within the city without first obtaining a business license pursuant to Chapter 3.28. Sidewalk vendors must comply with the terms and conditions set forth in the business license.

(Ord. 867 § 1, 2023)

Except as provided for in Section 5.98.080, no person may vend from a public sidewalk anywhere within the city without first obtaining a sidewalk vending permit, in accordance with this chapter.

(Ord. 867 § 1, 2023)

A. To obtain a sidewalk vending permit, a sidewalk vendor must provide the following as part of their application:

1. Valid identification, such as a state of California identification, or any other government-issued identification card;

2. The name, address and telephone number of the sidewalk vendor;

3. Proposed general area of operation (street boundaries);

4. Whether the sidewalk vendor intends to operate a stationary cart or a mobile cart;

5. Description of the type of merchandise or food offered for sale or exchange;

6. A general written description, diagram or photograph of the vending cart;

7. Proof of a valid city business license;

8. An application fee as set forth by resolution of the city council;

9. 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;

10. Proof of completion of a food handler course and present a copy of the course completion certificate, if applicable;

11. A permit from the health department for food-related vending, if applicable;

12. A declaration that the sidewalk vendor shall comply with all applicable federal, state and local laws;

13. A declaration that the information provided to the city is true and correct; and

14. Any other information, including operations related information, as may be required by the rules and regulations.

B. Permits will expire one year after the date of issuance.

C. Permits are not transferable.

(Ord. 867 § 1, 2023)

A. To renew a sidewalk vending permit, a sidewalk vendor must provide all the information as set forth in Section 5.98.060.

B. A person whose license or permit is revoked may not renew their license or permit for one year.

(Ord. 867 § 1, 2023)

Nonprofit, charitable organizations and similar operations which conduct a sale in the public right of way are required to obtain a sidewalk vendor permit. No permit fee shall be required.

(Ord. 867 § 1, 2023)

A. In addition to any other reason provided for in this chapter, a permit may be denied, suspended or revoked when it has been determined that the sidewalk vendor:

1. Has violated the applicable provisions of this chapter for the fourth time during the period for which the permit was issued;

2. Has knowingly made a false statement of fact in an application for such permit; or

3. Has failed to pay the balance due on any administrative fine regarding the permit.

B. From the time of the revocation or suspension of a sidewalk vendor permit granted under the provisions of this chapter, it is unlawful for any person whose permit has been suspended or revoked to operate within city jurisdictional boundaries until a new permit has been procured or the period of suspension has expired. It is also unlawful for any person to operate within the city during the period of time that a permit has been revoked, terminated or suspended.

(Ord. 867 § 1, 2023)

The rights of appeal provided for in Section 13.150.210 of Chapter 13.150 are available to an applicant in the event that his or her permit has been denied, revoked or suspended based on the provisions of this chapter.

(Ord. 867 § 1, 2023)

Unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, visual blight due to litter on public and private property, unsanitary conditions involving food preparation, risks to children, and consumer protection. As a result, the city imposes the following operational requirements:

A. A sidewalk vendor must obtain and prominently display all required permits.

B. A sidewalk vendor must operate upon a public sidewalk or other pedestrian path.

C. A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.

D. Sidewalk vendors may operate in non-residential areas between seven a.m. and dusk, except they may operate beyond said limits in areas zoned for commercial use where businesses are open during those hours.

E. No "cart," condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor's stated closing time.

F. A sidewalk vendor must maintain a clean and trash-free ten-foot radius from a stationary cart during hours of operation and must leave the area clean by the approved closing time.

G. Sidewalk vendors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash.

H. Sidewalk vendors are prohibited from discharging, releasing, or spilling any waste, liquid, or food products into or onto the gutter, street, storm drain, or sidewalk. Any sidewalk vendor in violation of this prohibition, whether inadvertent or otherwise, shall immediately report the discharge, release or spill to the city and clean up the discharge, release or spill.

(Ord. 867 § 1, 2023)

A. No stationary cart may be used to vend within a residential zoned area. However, a sidewalk vendor may use a mobile cart within a residential zone, and must move continuously except when necessary to complete a sale.

B. Sidewalk vending is prohibited in the center median of any street.

C. A sidewalk vendor shall not solicit or conduct business with persons in motor vehicles.

D. Sidewalk vendors must not operate in a public parking lot occupying a designated parking space with markings to indicate where authorized parking is permitted, in drive aisles, or in landscaped areas or planters.

E. Sidewalk vendors are prohibited from selling alcoholic beverages, cannabis, tobacco, weapons, fireworks, and illegal materials or other contraband.

F. Sidewalk vendors are prohibited from offering a service.

G. Roaming sidewalk vendors shall not operate in residential zones between the hours of eight p.m. to seven a.m.

H. Sidewalk vending is prohibited within picnic shelters or similar park amenities.

(Ord. 867 § 1, 2023)

The prohibitions imposed are intended to limit the potential for increased risk of vehicle accidents or personal injury due to vending in public street medians or to persons in motorized vehicles standing in the public street. The standards are further intended to limit the interference with the flow of pedestrian or vehicular traffic, including ingress to, and egress from, any residence, public building, or place of business, from the street to public sidewalk, or persons exiting or entering parked or standing vehicles.

A. No sidewalk vendor may place or leave any cart in a manner that obstructs vehicular or pedestrian traffic, or the visibility of such, and includes, but is not limited to, the following:

1. Within twenty feet of a marked crosswalk;

2. Within twenty feet of the curb return of an unmarked crosswalk;

3. Within twenty feet of any fire hydrant, fire-call box or other emergency facility, as defined in the rules and regulations;

4. Within twenty feet of a driveway or driveway apron;

5. Within eighteen inches from the edge of the curb;

6. Within twenty-five feet of a transit stop;

7. Within fifty feet of a public or private school;

8. Where placement impedes the flow of vehicular traffic such as on public streets or public highways; and

9. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than four feet, or impedes access to or the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).

B. No cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended, unless as permitted by the rules and regulations.

C. Notwithstanding any specific prohibitions in this section, no sidewalk vendor may install, use or maintain a cart where placement endangers the safety of persons or property.

(Ord. 867 § 1, 2023)

A. No sidewalk vending is allowed within three hundred feet of a permitted event during the duration or operating hours of such an event. Permitted events include certified farmers' markets, swap meets, and any event that requires 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 use permits.

B. No stationary sidewalk vendors may vend in any park subject to a signed exclusive concessionaire's agreement.

C. Sidewalk vending is prohibited between dusk to dawn.

D. The city may by resolution adopt additional requirements consistent with Government Code Section 51038(b)(2)(B) for city-owned or operated parks, effective after signs are posted giving notice of such additional requirements.

(Ord. 867 § 1, 2023)

Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows:

A. For vending without a valid license or permit:

1. An administrative fine of two hundred fifty dollars for a first violation.

2. An administrative fine of five hundred dollars for a second violation within one year of the first violation.

3. An administrative fine of one thousand dollars 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 one hundred dollars for the first violation, two hundred dollars for the second violation, and five hundred dollars 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 above:

1. An administrative fine of one hundred dollars for a first violation.

2. An administrative fine of two hundred dollars for a second violation within one year of the first violation.

3. An administrative fine of five hundred dollars for a third violation within one year of the first violation.

4. An administration fine of five hundred dollars 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. Fines assessed pursuant this section may be reduced to twenty percent of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Government Code Section 51038(f).

E. Fines collected under this section will be deposited with the city's treasury for general use.

F. Appeal. Any person may appeal any administrative fine pursuant to Section 5.98.170.

(Ord. 867 § 1, 2023)

A. Abandoned or Illegally Located Carts. An enforcement officer may request a sidewalk vendor to remove any cart if the cart is creating an imminent safety hazard or is placed within a prohibited area as set forth in this chapter. If the sidewalk vendor refuses to remove the cart, or if the cart has been abandoned, the enforcement officer may remove and/or seize the cart. A thirty days' notice shall be provided to the owner of the cart or to the address associated with the cart, to redeem the cart. The city may dispose of the cart in accordance with the city's municipal code and/or the law, if the cart is not claimed after the thirty calendar days and any associated fines are not paid. No cart shall be disposed of during the pendency of an appeal.

B. Food Products. An enforcement officer may immediately seize and/or dispose of any food products that are obviously spoiled, rotten, moldy, infested or otherwise unsuitable for human consumption, or which have been abandoned or which have been determined by a county health official, or code officer trained in food handling, to create an imminent threat to health, safety, and welfare.

C. Goods, Merchandise, and Vending Equipment. An enforcement officer may request a sidewalk vendor to remove any goods, merchandise or vending equipment if those items create an imminent threat to health, safety, and welfare. If the sidewalk vendor refuses or the goods, merchandise or vending equipment are not removed, an enforcement officer may remove and/or seize the items. Thirty days' notice shall be provided to the owner of the goods, merchandise or vending equipment or to the address associated with the cart, to redeem the goods, merchandise or vending equipment. The city may dispose of the goods, merchandise or vending equipment in accordance with the city's municipal code and/or the law, if the goods, merchandise or vending equipment are not claimed after the thirty calendar days and any associated fines are not paid. Illegal goods or contraband seized shall not be subject to the notice of redemption in this section but is subject to the appeal provisions in Section 5.98.170. No goods, merchandise or vending equipment shall be disposed of during the pendency of an appeal.

D. Appeal. Any person may appeal the seizure and/or disposal of any good, merchandise or vending equipment as well as any fines imposed, pursuant to Section 5.98.170.

(Ord. 867 § 1, 2023)

A. Any person aggrieved by any determination regarding seizure and disposal under Section 5.98.160 shall be entitled to an appeal of that decision as provided herein.

B. Any recipient of an administrative citation shall be entitled to contest the allegation of a violation or that he or she is the responsible party.

C. A request for an appeal must be filed with the city clerk within fifteen calendar days from issuance of the administrative citation. The appeal must be in writing, state the grounds for the appeal, include the address to which notice is to be mailed, and be accompanied by any filing fee established by city council resolution.

D. If an appeal is timely filed, the city shall cause to be set a date for the hearing of the appeal not more than thirty calendar days from the date the appeal is received. At the hearing, the appellant will have the right to offer testimonial, documentary, and tangible evidence bearing on the issues. The hearing officer will not be bound by the formal rules of evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness.

E. The hearing officer will issue written findings and a decision within ten calendar days of the conclusion of the hearing and send notice of the decision by certified mail to the appellant. The notice shall include reference to the appellant's right to judicial review under California Code of Civil Procedure Section 1094.8.

F. The decision of the hearing officer shall be final unless judicial review is granted pursuant to California Code of Civil Procedure Section 1094.8.

(Ord. 867 § 1, 2023)