Chino Hills Municipal Code Ch. 5.58 Sidewalk Vending

This chapter is adopted pursuant to the City's police powers and Government Code Sections 51036 et seq., including any successor statutes, for the purpose of regulating the sale of food and merchandise in the public right-of-way.

(Ord. No. 370, § 3, 7-13-2021)

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter. Words and phrases undefined in this Code have the same meaning as set forth in Sections 51036 and 51039 of the Government Code and Title 3 of the San Bernardino County Code.

A. "Certified farmer's market" means a California agricultural product point-of-sale location that is registered under, and operated in accordance with, Food and Agriculture Code §§ 47000, et seq.

B. "Charity" has the meaning in Business and Professions Code § 17510.2(d).

C. "Curb return" is a curved section of a curb located at a corner of an intersection, connecting a curb on one street to another curb on the intersecting street. A curb return starts at the point where the curb begins to turn toward the direction of the intersecting street and ends at the point where it meets the curb on the intersecting street.

D. "DEHS" is the San Bernardino County Public Health Department Division of Environmental Health Services.

E. "Director" means the City Manager, or designee. Unless otherwise provided in writing by the City Manager, the Director is the Assistant City Manager.

F. "Operate" means to sell food, beverage, or merchandise, to solicit business as a sidewalk vendor or to stop a cart and display wares. "Operate" does not mean to pass through an area without stopping.

G. "Pedestrian path" means a publicly owned footpath, not adjacent to a road, which is intended for use only by pedestrians, wheelchairs and other mobility devices, strollers, or baby carriages.

H. "Roaming sidewalk vendor" has the meaning set forth in Government Code Section 51036, subsection (b), currently defined to mean a sidewalk vendor who moves from place to place and stops only to complete a transaction.

I. "Sidewalk vendor" has the meaning set forth in Government Code Section 51036, subsection (a), currently defined to mean 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.

J. "School drop-off and pick-up areas" means areas designated by City policy or implementing regulation for school drop-off and pick-up including street frontage for carpool line.

K. "Special event" means any parade, athletic event, block party, or public assembly that requires partial or complete street or sidewalk closure to vehicular or pedestrian traffic and use of the street or sidewalk for the event, or any event for which a City-issued permit is required for the temporary use of, or encroachment on, the sidewalk or other public area.

L. "Stationary sidewalk vendor" has the meaning set forth in Government Code Section 51036, subsection (c), currently defined to mean a sidewalk vendor who vends from a fixed location.

M. "Swap meet" has the meaning in Business and Professions Code § 21661.

(Ord. No. 370, § 3, 7-13-2021)

A. Operating as a sidewalk vendor is prohibited without a valid permit issued in accordance with this chapter. Persons must, in addition to obtaining a permit in this chapter, comply with all other provisions of this Code.

B. A bona fide charity is exempt from this chapter and is otherwise regulated pursuant to § 17510, et seq. of the Business and Professions Code.

C. No person or entity shall own, operate, or allow the operation of any activity or facility subject to DEHS jurisdiction, whether permanent or for temporary special events, without first applying for, receiving, and retaining an unexpired, unsuspended, unrevoked DEHS operational permit for each activity or facility, and paying fees to DEHS in those amounts specified in the San Bernardino County Code Schedule of Fees.

(Ord. No. 370, § 3, 7-13-2021)

A. Sidewalk vendor permit applications must be made on a form approved by the Director and accompanied by all information requested on the application, including:

1. The applicant's full, true name and California Driver's License, California Identification Card number, or individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order;

2. Proof of a valid California Department of Tax and Fee Administration seller's permit;

3. The name, telephone number, current mailing address, and current photograph of the sidewalk vendor;

4. The name and business address of the principal, if the sidewalk vendor is an agent of an individual, company, partnership, or corporation;

5. A complete description of the food or merchandise offered for sale or exchange;

6. Any applicant who intends to sell food must also provide proof of the required health permit from DEHS, as applicable, pursuant to Health and Safety Code §§ 113700-114437, and certify that the pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used has been approved by DEHS for that particular type of food. Each applicant shall furnish accurate names, addresses, and other relevant information reasonably required by DEHS for administration of the San Bernardino County Code. By the signature of the applicant's representative on the application, each applicant consents to periodic unannounced inspection(s) at all reasonable business hours by DEHS Enforcement Officers, and to the collection of evidence, samples, photographs, examination of invoices, and all other reasonable inspection procedures to determine compliance with all applicable laws enforced by DEHS;

7. The address of the location or proposed route where the sidewalk vendor is proposed to operate;

8. Proof of a valid City of Chino Hills Business License required by CHMC Chapter 5.40 or a completed business license application with the appropriate application fee, unless exempt;

9. A complete description of any ancillary items that the applicant intends to use in conjunction with sales including, without limitation, small tables, trash receptacles, chairs, or other similar items; and

10. A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.

B. Each application must be accompanied by an application fee, the amount of which will be set by City Council resolution. Such application fee is solely to reimburse the City for costs incurred as a result of processing a permit application.

C. Each application must be accompanied by a certificate of insurance evidencing that the sidewalk vendor has current general liability insurance in the amount of five hundred thousand dollars ($500,000.00) with coverage related to all activities associated with sidewalk vending activities, with the city named as an additional insured.

D. Completed applications must be submitted to the Director. Only complete applications will be considered. An application is complete if it includes all required information together with full payment of the application fee. Applications will be considered in the order they are received. The Director may require supplemental information from any applicant before deeming an application complete. If supplemental information is requested, it must be provided to the Director within seven (7) business days of the request.

E. The Director may reject or deny any or all applications if the information or documentation do not meet the requirements of this chapter. The Director may request and obtain supplemental information from any applicant before making a decision on the application.

F. Permittees must abide by the operational requirements set forth in this chapter.

G. Sidewalk vendors cannot be permitted as a permanent or proprietary location in any property within the City.

H. The Director's decision with respect to a sidewalk vendor permit application may be appealed to the City Manager pursuant to this title. The City Manager's decision is the City's final decision.

(Ord. No. 370, § 3, 7-13-2021)

A. The sidewalk vending permit is valid for twelve (12) months after being issued unless revoked or suspended, and may be renewed early, before expiration. Sidewalk vending permits are issued to persons, not pushcarts, wagons, or other nonmotorized conveyances. Sidewalk vending permits are nontransferable. Sidewalk vendors shall not be permitted to operate within the City without possessing general liability insurance with coverage in the amount of five hundred thousand dollars ($500,000.00) related to all activities associated with sidewalk vending activities, with the City named as an additional insured, and shall provide proof of current insurance upon request by a City official. All sidewalk vendors shall comply with the terms and conditions of the sidewalk vendor permit and shall not sell any food or merchandise that was not listed in the sidewalk vendor permit application;

B. Sidewalk vendors must maintain a clearance of not less than four (4) feet (forty-eight (48) inches) upon every sidewalk or pedestrian path in order to comply with the Americans with Disabilities Act;

C. Each cart used by a sidewalk vendor must display a valid sidewalk vendor permit decal at all times, which shall be issued by the City, and if a vendor has no cart, then the vendor must display a valid sidewalk vendor permit on his or her person in plain view at all times;

D. No pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance, or ancillary vending items or equipment or umbrellas may be left unattended or chained or fastened to any pole, sign, tree, or other object in the public right-of-way. Any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance in violation of this subsection will be confiscated in accordance with constitutional and other applicable law;

E. Merchandise may not be placed directly onto the public right-of-way without a permit authorizing such placement;

F. Sidewalk vendors may not operate in school drop-off and pick-up areas, between the hours of 6:00 a.m. and 4:00 p.m. on days such schools are in session;

G. Sidewalk vendors may not operate within five hundred (500) feet of a certified farmer's market or swap meet, except as specifically permitted by the City;

H. Sidewalk vendors may not offer services or any illegal or counterfeit merchandise, animals, items that will exceed the surface area of sidewalk vending equipment, alcohol, drugs, medicine, chemicals, lottery tickets, weapons, alcohol, fireworks, cannabis or cannabis products, industrial hemp products, adult-oriented material, tobacco, tobacco-related products, or any product used to smoke/vape, or any other items that are deemed unsafe;

I. Stationary sidewalk vendors may not operate in any of the City's residential zones;

J. Stationary sidewalk vendors may not operate within any City-owned park with an operative agreement between the City and a concessionaire for the exclusive sale of food or merchandise by the concessionaire, except for pre-approved vendors at City-sponsored events; mobile sidewalk vendors may not operate within one hundred (100) feet of such a concessionaire, except for pre-approved vendors at City-sponsored events.

K. Any stationary sidewalk vendor that stores, prepares, packages, serves, vends, or otherwise provides food must follow all applicable ordinances and regulations and obtain all permits required by DEHS.

L. No sidewalk vendor shall erect any equipment or object that exceeds nine (9) feet in height, and all temporary structures or objects that are erected must be firmly affixed to a cart or objects with sufficient weight so that they are structurally sound and not subject to toppling over or falling due to weather conditions or not being structurally sound are prohibited in order to avoid injury to pedestrians or vehicles due to falling objects from wind or other causes.

M. Sidewalk vendors may not operate on public rights-of-way:

1. Within fifty (50) feet of the curb returns at the intersections listed below:

a. Butterfield Ranch Road and Shady View/SR71 off ramp

b. Chino Hills Parkway and Carbon Canyon Road/Rustic Drive

c. Chino Hills Parkway and Chino Hills Marketplace

d. Chino Hills Parkway and Peyton Drive

e. Chino Hills Parkway and Pipeline Avenue

f. Chino Hills Parkway and Ramona Avenue

g. Grand Avenue and Peyton Drive

h. Peyton Drive and Eucalyptus Avenue

i. Soquel Canyon Parkway and Pomona Rincon Road

j. Soquel Canyon Parkway and Los Serranos Country Club Drive/Butterfield Ranch Road;

2. Within one hundred (100) feet of the curb returns at the intersections listed below:

a. Grand Avenue and Boys Republic Drive

b. Chino Hills Parkway and Eucalyptus Avenue

c. Chino Hills Parkway and Grand Avenue

d. Carbon Canyon Road and Canyon Hills Road

e. Chino Avenue and Peyton Drive;

3. Within five (5) feet of the outer edge of a driveway or driveway apron;

4. Within five (5) feet of the outer edge of any alleyway;

5. Within five (5) feet of any fire hydrant, fire call box or other emergency facility;

6. Adjacent to any marked loading zone or bus zone;

7. Within a bus shelter in a marked bus zone;

8. Within eighteen (18) inches from the edge of the curb;

9. Within fifteen (15) feet of a curb return;

10. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than four (4) feet, or impedes egress from, access to or the use of abutting property;

11. Within twenty-five (25) feet of the entrance or exit to any building;

12. Within fifty (50) feet of a freeway or highway exit or entrance;

13. Within streets, except to cross legally at intersections or cross-walks without stopping;

14. Within center medians or other areas between lanes of traffic; or

15. Within areas of the parkway where vegetation and irrigation systems may be damaged.

N. Sidewalk vendors shall not operate on City-owned property, including, without limitation, publicly owned parking lots, except for sidewalks in public right-of-way, pedestrian paths in City parks and open space (only to the extent permitted and regulated by this chapter).

O. Sidewalk vendors shall not operate within a City park:

1. Within twenty-five (25) feet of an entrance or exit of a building; or

2. Within five (5) feet of any fire hydrant, fire call box, or other emergency facility.

P. Sidewalk vendors shall not place their carts on vegetated areas of parks or public right-of-way (parkways).

Q. Sidewalk vendors shall not operate within fifty (50) feet of City programs, games, and City recreational programs operated outside in the City's parks including any activities permitted pursuant to athletic field use license agreements, provided that this prohibition shall only be effective for the duration of the event.

R. Sidewalk vendors shall not operate within one hundred (100) feet of:

1. An area designated by a special event permit issued pursuant to Chapter 12.36 of this Code for the duration of the event unless specifically permitted as part of the event;

2. City-sponsored outside events, including, but not limited to, parades and concerts, for which the City has entered into exclusive vendor agreements, for the duration of the event, unless vendor has received a permit to vend as part of the event; and

3. Outside events in City parks and City facilities such as the community center permitted pursuant to rental agreements for events, such as weddings, parties and including, but not limited to, rental of the City's gazebo.

Provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners required by the permit or rental agreement terms are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable.

For moving events, vending shall be prohibited within one hundred (100) feet of the approved event route. For stationary events, vending shall be prohibited within one hundred (100) feet of the parcel boundary for the location of the event.

S. Sidewalk vendors are prohibited from operating in City parks within fifty (50) feet of children's playground areas, tennis courts, basketball courts, and marked athletic fields (when such areas, courts or fields are in use).

T. Sidewalk vendors are prohibited within City open space areas except on designated public pedestrian paths.

U. No sidewalk vendor may set up or allow the use of any equipment or structure, other than a cart, table and shade structure with maximum length combined of eight (8) feet, and maximum width of four (4) feet, including a table, crate, carton, or rack, to increase the selling or displace capacity of the cart, unless such items are explicitly allowed in the sidewalk vendor permit obtained by the sidewalk vendor. Any shade structure that extends beyond the edge of the cart/table shall have a minimum clearance height of eighty (80) inches and a maximum height of nine (9) feet, shall extend no further than eighteen (18) inches from the edge of the curb. All equipment, structures, including shade structures, shall not impede the flow of pedestrian traffic by reducing the clear space to less than four (4) feet, and shall not impede egress from, access to or the use of abutting property.

V. All sidewalk vendors shall 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 without resorting to existing trash receptacles located on any block for use by the general public.

W. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks, parks, or City facilities.

X. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area within a ten-foot radius around the vendor's cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing.

Y. In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles in such a manner that causes motorists to disrupt or stop the normal movement of traffic or endanger public safety.

Z. Signs prohibited by CHMC Section 16.38.070 for stationary businesses are also prohibited for sidewalk vendors, and strobe lights and spotlights are prohibited.

AA. In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart, unless pursuant to a permit issued under Section 16.38.043 of this Code.

BB. It is unlawful and subject to punishment in accordance with Section 5.58.080, for any sidewalk vendor to knowingly place or maintain any publication, sign, or other material on or about a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, other nonmotorized conveyance, or one's person which exposes to public view any pictorial matter or other material that is obscene as defined in Section 12.44.020.

CC. Sidewalk vendors shall not operate in a City park, City open space or any residential zone, listed in Chapter 16.10 of this Code, earlier than 8:00 a.m. or later than thirty (30) minutes after sunset.

DD. Sidewalk vendors shall not operate within one hundred (100) feet of another sidewalk vendor or a concessionaire in City parks or open space.

EE. Sidewalk vendors shall not operate or cause to be operated any fog or blow horn or similar apparatus.

(Ord. No. 370, § 3, 7-13-2021)

A. Whenever any person fails to comply with any provision of this chapter or other applicable law, the Director may give written ten (10) days' notice to the address stated on a permittee's application specifying the time and place of a permit revocation hearing. If permit violations are shown by substantial evidence, the Director may revoke or suspend any permit. The Director will not issue a new permit after the revocation of a permit unless the Director is satisfied that the applicant will thereafter comply with all provisions of this chapter and the rules and regulations adopted thereunder and all other applicable provisions of law, and until the Director collects a fee in an amount sufficient to recover the actual costs of processing the re-application.

B. The Director will provide the permittee with written notice of the revocation by certified mail addressed to the permittee's address.

(Ord. No. 370, § 3, 7-13-2021)

The City Council is authorized to promulgate the policies, administrative regulations, and procedures to implement this chapter. The City Manager is authorized to adopt additional administrative regulations for the internal management and operation of this chapter.

(Ord. No. 370, § 3, 7-13-2021)

A. Any violation of this chapter constitutes a public nuisance and each day such condition continues is a new and separate offense.

B. Violations of this chapter are subject to administrative penalties administered pursuant to Chapter 1.18 of this Code.

C. For purposes of this section, "sidewalk vending program" refers to the provisions of Sections 5.58.050 through 5.58.070, inclusive, and the requirement to obtain a "sidewalk vendor permit" is pursuant to Section 5.58.030.

D. A violation of any provision in Sections 5.58.050 through 5.58.070, inclusive, may be punished by the following fines:

1. An administrative fine of one hundred dollars ($100.00) for a first violation;

2. An administrative fine of two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; and

3. An administrative fine of five hundred dollars ($500.00) for a third or subsequent violation within one (1) year of the first violation.

4. The Director may revoke the sidewalk vendor permit issued upon a fourth or subsequent violation.

E. Vending without a sidewalk vendor permit may be punished by an administrative citation pursuant to Chapter 1.18 the following:

1. An administrative fine not exceeding two hundred fifty dollars ($250.00) for a first violation.

2. An administrative fine not exceeding five hundred dollars ($500.00) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding 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, an administrative fine imposed under Section 5.58.080(E) shall be reduced to the respective administrative fine set forth in Section 5.85.080(D).

5. If an enforcement officer issues an administrative citation because the City lacks a sidewalk vendor permit required by this Code, and the fine is delinquent and the vendor has not made an alternative arrangement pursuant to subsection F. below, the City will not issue the permit until the delinquent fine, and any applicable penalties and interest, is paid, or, if an alternative arrangement is made pursuant to subsection F. below, twenty (20) percent of the administrative fine is remitted, or other alternative arrangement provided under subsection F. below has been satisfied.

F. When assessing an administrative fine, the Director or designee must take into consideration the violator's ability to pay the fine. In doing so, the Director may allow the violator to complete community service in lieu of paying the total administrative fine, waive the fine, or offer an alternative disposition. If either of the following are true, the violator may remit to the City twenty (20) percent of the administrative fine imposed:

1. The violator is receiving public benefits under one (1) or more of the following programs: (i) Supplemental Security Income (SSI) and State Supplementary Payment (SSP); (ii) California Work Opportunity and Responsibility to Kids Act (CalWORKs) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program; (iii) Supplemental Nutrition Assistance Program or the California Food Assistance Program; (iv) County Relief, General Relief (GR), or General Assistance (GA); (v) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants; (vi) In-Home Supportive Services (IHSS); or (vii) Medi-Cal; or

2. The violator's monthly income is one hundred twenty-five (125) percent or less of the current poverty guidelines updated periodically in the federal register by the United States Department of Health and Human Services under the authority of 42 U.S.C. 9902(2).

G. Any fine required to be paid under the provisions of this chapter is a debt owed by the vendor to the City. Any person owing money to the City is liable to an action brought in the name of the City for the recovery of such amount.

H. Notwithstanding any other provision of this Code, neither a violation of the sidewalk vending program nor a failure to pay an administrative fine imposed by Section 5.58.080(D) or (E) shall be punishable as an infraction or misdemeanor.

I. Nothing in the chapter shall be construed to limit the City's ability to enforce laws of general applicability against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors, that are allowed by state or federal law or this Code.

(Ord. No. 370, § 3, 7-13-2021)