Chino Municipal Code Ch. 5.28 Sidewalk Vendors

Footnotes:

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Editor's note— Ord. 2020-002, § 6, adopted March 3, 2020, repealed Ch. 5-28, § 5.28.010, and enacted a new Ch. 5.28 as set out herein. The former Ch. 5-28 pertained to peddlers and solicitors and derived from Prior code § 14-1 (part).

The following definitions apply to this chapter:

"Cart" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

"Certified farmers' market" means 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.

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

"Sidewalk vendor" means 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. Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors.

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

"Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

"Vend" or "vending" refers to operating as a sidewalk vendor.

(Ord. 2020-002, § 6, 2020.)

The requirements of this chapter shall not apply to the following persons:

A. Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.

B. Solicitors, as described in Section 5.04.030.

C. Persons selling goods, wares, merchandise, or food from a motorized vehicle, including food trucks.

(Ord. 2020-002, § 6, 2020.)

A. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid city business license in accordance with Chapter 5.04 of this code, and complying with all requirements of the business license, unless such person qualifies for an exemption under Chapter 5.04 of this code.

B. No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a special business permit in accordance with Chapter 5.04 of this code, and complying with all requirements of the permit, unless such person qualifies for an exemption under Chapter 5.04 of this code.

C. The special business permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a special business permit under this chapter shall be made not later than ninety days before the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the special business permit each year.

D. A separate business license and special business permit shall be required for each cart.

(Ord. 2020-002, § 6, 2020.)

An application for a special business permit for sidewalk vending shall include all of the following, to the extent applicable:

A. The name, address, and telephone number of the applicant and each person who will operate the cart.

B. A photo identification of the applicant and each person who will operate the cart.

C. A description of the cart, including the dimensions of the cart, and a photograph of the cart.

D. A complete list of the food or merchandise to be sold.

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

F. The vendor's California seller's permit number (California Department of Tax and Fee Administration sales tax number).

G. A city of Chino business license.

H. A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.

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

(Ord. 2020-002, § 6, 2020.)

Notwithstanding any other requirement in this code, an applicant for a business license or special business permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the city shall accept a California driver's license or identification number, an 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.

(Ord. 2020-002, § 6, 2020.)

A. Each cart used by a sidewalk vendor must display a valid special business permit sticker at all times, which shall be issued by the City.

B. All sidewalk vendors shall comply with the terms and conditions of the special business permit and shall not sell any food or merchandise that was not listed in the special business permit application.

C. No stationary sidewalk vendor may operate in any residential zone listed in Chapter 20.04 of this code; however, roaming sidewalk vendors shall not be prohibited from operating in such zones.

D. In order to preserve the peace, safety, and tranquility of residential neighborhoods, no sidewalk vendor may operate in any residential zone listed in Chapter 20.04 of this code earlier than 8:00 a.m. or later than 30 minutes before sunset.

E. In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of seventy-two inches, a width of fifty-four inches, or a height, including roof or awning, of seventy-eight inches.

F. In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor.

G. In order to preserve sanitary conditions in all public rights-of-way, 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 resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.

H. 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 10-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.

I. In order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.

J. In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.

K. In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park.

L. In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles.

M. In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes.

N. In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.

O. In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart.

(Ord. 2020-002, § 6, 2020.)

In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers' markets, swap meets, and city-permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way:

A. Any area other than a public sidewalk or pedestrian path.

B. Within fifteen feet of a fire hydrant or fifteen feet of a transit stop.

C. Within fifteen feet of the outer edge of a driveway or driveway apron.

D. Adjacent to any marked loading zone or bus zone.

E. Within five feet of a curb return.

F. Any location that would impede entering or exiting a parked vehicle.

G. Any location that 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.

H. Within one hundred feet in any direction of the nearest vendor or concessionaire participating in a certified farmers' market or swap meet during the operating hours of the certified farmers' market or swap meet.

I. Within one hundred feet of a city-permitted special event, including but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within one hundred feet of any portion of the approved event route. For stationary events, vending shall be prohibited within one hundred feet of the parcel boundary for the location of the event.

(Ord. 2020-002, § 6, 2020.)

No stationary sidewalk vendor may operate in a city-owned or city-operated park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

(Ord. 2020-002, § 6, 2020.)

All sidewalk vendors that prepare or sell food must be in compliance with all county and state permitting and licensing requirements for the preparation or sale of food.

(Ord. 2020-002, § 6, 2020.)

For purposes of this Section, "sidewalk vending program" refers to the provisions of Sections 5.28.060 through 5.28.090, inclusive, and the requirement to obtain a special business permit pursuant to Section 5.28.030(B).

A. A violation of any provision in Sections 5.28.060 through 5.28.090, inclusive, may only be punished by the following:

1. An administrative fine not exceeding one hundred dollars for a first violation.

2. An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.

3. An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.

4. Rescission of the sidewalk vendor's special business permit for the term of that permit upon the fourth violation or subsequent violations.

B. Vending without a special business permit may be punished by the following:

1. An administrative fine not exceeding two hundred fifty dollars for a first violation.

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

3. An administrative fine not exceeding one thousand dollars for each additional violation within one year of the first violation.

Upon proof of a valid special business permit, an administrative fine imposed under Section 5.28.100(B) shall be reduced to the respective administrative fine set forth in Section 5.28.100(A).

C. No other fines, fees, assessments, or financial conditions, shall be imposed for violation of the sidewalk vending program other than those imposed by Section 5.28.100(A) and (B).

D. 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 5.28.100(A) or (B) shall be punishable as an infraction or misdemeanor.

E. Any person who receives an administrative fine under Section 5.28.100(A) or (B) shall have the right to request an ability-to-pay determination.

1. The City shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.

2. A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.

3. Upon receipt of a request for an ability-to-pay determination, the city manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the city manager or his or her designee shall be final.

4. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the city shall reduce the fine to twenty percent of the amount of the fine originally imposed.

F. The city manager may, in his or her discretion, allow a person who receives an administrative fine under Section 5.28.100(A) or (B) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

G. Violations of the requirement to obtain a business license pursuant to Section 5.28.030 (A) may be punished in accordance with the provisions of Chapter 5.04.

H. 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. 2020-002, § 6, 2020.)