Clearlake Municipal Code Art. 6-4 Sidewalk Vendors; License Required; Regulations

Prior legislation: Ords. #42 S16 and 216-2019 S2.

The City has set forth operational requirements regulating sidewalk vendors’ operations within the City in this subsection to protect the public’s health, safety, and welfare while also promoting entrepreneurship and supporting individuals who engage in the businesses of sidewalk vending. The City Council finds: a. Prohibiting sidewalk vending in streets and medians is necessary to protect the health and safety of vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents if they vend in streets or medians. b. Limiting sidewalk vendors’ hours of operation within residential neighborhoods to daylight hours consistent with a residential atmosphere is necessary to protect the safety of sidewalk vendors and residents who would be more vulnerable to criminal activities during evening hours, and also to promote the welfare of the residents by prohibiting commercial activities and associated noise and traffic during hours when residents should be able to enjoy peace and quiet. Further, preventing stationary sidewalk vendors in residential neighborhoods and limiting the amount of time a roaming sidewalk vendor may stay in one (1) location within a residential neighborhood is necessary for the welfare of the residents of the City, because allowing sidewalk vendors to operate at a fixed location in residential neighborhoods may subject residents to increased noise and traffic, which may be appropriate for commercial areas, but will interfere with the peace and quiet that residential occupants should enjoy while in their homes. c. Limiting sidewalk vendors’ hours of operation in commercial areas to daylight hours or to the same hours as other open businesses in the vicinity where the sidewalk vendor operates in the evening hours is necessary to protect the vendors’ health and safety, as they are more vulnerable to crime during nighttime hours, especially if operating where no other businesses are open. d. Prohibiting soliciting on streets adjacent to schools during hours when school children are present is necessary to protect the health and safety of the school children, because vendors operating at close proximity to schools may attract unsupervised children to run into traffic in order to reach the vendor and be injured or killed in the process. Such activity would also pose a hazard to motorists who may stop suddenly or swerve to avoid hitting children, resulting in injury to those motorists. e. Preventing soliciting from residences with “No Solicitation” or “Do Not Disturb” signs protects the health and welfare of those who wish to avoid commercial activities while in their residences from unwanted interruptions. f. Preventing sidewalk vendors from physical contact without permission from persistently soliciting a person after the person rejects the offer, and from threatening injury or damage to a person while vending or soliciting are necessary to protect the safety and health of persons who may feel threatened or in physical danger if these activities occur. g. Preventing sidewalk vendors from intentionally obstructing the free movement of people on any street, sidewalk, or other place open to the public is necessary to protect the health, safety, and welfare of those who may be seeking emergency services or who are otherwise uninterested in the goods or services offered and desire to pass through the public area unimpeded. h. Preventing soliciting from a captive audience is necessary to protect the health, safety, and welfare of those people who are not able to walk away or otherwise retreat from an unwanted solicitation. i. Preventing sidewalk vendors from using sound amplifying devices is necessary to protect the welfare of residents and visitors to the City by preventing excessive noise from disturbing the peace and quiet of residential areas or from an accumulation of excessive noise in commercial and other areas. Further, sound amplifying devices may cause traffic hazards by distracting drivers resulting in automobile accidents and harm to pedestrians, so prohibiting their use is necessary for the health and safety of motorists and pedestrians. j. Denying sidewalk vendor licenses to applicants who have been convicted of crimes of moral turpitude is necessary to protect the health, safety, and welfare of the public, in order to prevent those applicants from repeating offenses of moral turpitude while operating mobile businesses, which grants sidewalk vendors access to more members of the public and, because of the mobile nature of the businesses, to elude law enforcement because mobile vendors may hide and flee easier than stationary, fixed business owners. (Ord. #216-2019, S3)

CERTIFIED FARMERS’ MARKET means a location operated in accordance with Chapter 10.5 of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. CHIEF OF POLICE means the City of Clearlake Chief of Police or his or her designee. 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. STATIONARY SIDEWALK VENDOR means a sidewalk vendor who vends from a fixed location. SWAP MEET means a location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. (Ord. #216-2019, S3)

It shall be unlawful for any person to engage in any sidewalk vending activity within the City without having first obtained a sidewalk vendor license from the Clearlake Police Department. Sidewalk vendor licenses shall be issued by the Chief of Police and shall expire one (1) year after their issuance. (Ord. #216-2019, S3)

The Police Chief shall develop a sidewalk vendor license application form and procedures for reviewing and issuing the licenses consistent with the requirements of this Section 6-4. Such applications shall be accompanied by a fee to defray, in part, the cost of the investigation and review required by this section in an amount set by resolution of the City Council. Fees required under this section shall be in addition to any other license, permit or fee required under this section or any other provision of the Clearlake Municipal Code. (Ord. #216-2019, S3)

a. Neither the filing of an application for a sidewalk vendor license nor the payment of the application fee shall authorize sidewalk vending activities. Prior to authorizing the sidewalk vendor license, each new individual sidewalk vendor and his or her merchandise shall be approved by the City. Following such approval, and prior to commencement of operation of any new sidewalk vendor, the owner will be responsible for providing the following completed documentation to the City and during the term of such owner’s participation shall continue to keep current the following: 1. Name of the business. 2. Name of the applicant. 3. If a corporation, articles of incorporation. 4. Present residence of the applicant and phone number. 5. Business address of the applicant and phone number. 6. A description of the merchandise which the pushcart will vend. 7. Number of pushcarts owned, operated, leased, controlled or contracted by the applicant to be used in the City. 8. A description of the logo, color scheme, insignia and any other distinguishing characteristics of the applicant’s sidewalk vendor conveyances and description of the sidewalk vendor’s uniform. 9. The full and true names and residences of all persons employed, contracted, leased or otherwise given control of the applicant’s pushcart(s). 10. California driver’s license, State issued photographic identification, or similar identification approved by the Chief of Police of the above described persons. 11. Date of birth of the above described persons. 12. Any other license or permit as warranted. 13. The owner shall be responsible for ensuring that all food service permits are obtained from the Lake County Department of Health Services. Copies of current County of Lake Health Department permits, including individual permits for each cart, must be provided to the Chief of Police prior to receiving a sidewalk vendor license for the affected pushcart business. The owner also shall be responsible for ensuring that the commissary(s) have the appropriate and current health/food permits with a copy provided to the Chief of Police.

14. At the time of application, one (1) photograph of the sidewalk vendor and of each of the applicant’s employees, at least two (2") inches by two (2") inches in size, taken within the six (6) month period immediately preceding the date the application shall be submitted.
15. The applicant’s fingerprints and the fingerprints of all employees of the applicant. The applicant and all employees shall complete the Live Scan fingerprint process and are responsible for paying any fees associated with this check. b. Investigation of Application. The Chief of Police shall investigate the application and background of the applicant for a sidewalk vendor license within a reasonable period of time. The Chief of Police shall, within thirty (30) days after the date of the filing of the application, approve or deny the application for the license or renewal thereof. If an application is deemed pending as set forth in subsubsection (C) of this section, the Chief of Police shall, within thirty (30) days after the adjudication of the pending criminal matter, approve or deny the application for the sidewalk vendor license or renewal thereof. c. Issuance of Permit. After receiving the application, the Chief of Police shall issue the sidewalk vendor license only if he or she finds that all of the following requirements have been met:

The required fees have been paid. 2. The application conforms in all respects to the provisions of this section regulating sidewalk vendors. 3. The applicant has not knowingly made a material misrepresentation of fact in the application. 4. The applicant has fully cooperated in the investigation of the application. 5. Neither the applicant nor any operator of a pushcart or other vending conveyance has been convicted or pleaded nolo contendere or guilty within five (5) years prior to his or her application for a sidewalk vendor license to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including but not limited to: the sale of a controlled substance as specified in California Health and Safety Code Sections 11054 through 11058, and crimes involving any of the following actions, which are considered crimes of moral turpitude for the purposes of this subsection: assault with intent to commit murder, attempted lewd acts on a minor, arson, burglary, child abuse, criminal threats, domestic violence when committed against a spouse, failure to register as a sex offender, felon in possession of a firearm, felony hit and run, grand theft auto, murder, perjury, possession for sale of controlled substances, rape, receiving stolen property, robbery, trespass with the intent to injure any property or property rights, or interference with the conduct of business, voluntary manslaughter, and welfare fraud. 6. The investigating city employee is specifically authorized to obtain State summary criminal history record information as provided for in California Penal Code Section 11105. Any complaint for the charges listed in subsection (c)(5) of this section pending before a court of law shall cause the application to be considered pending until adjudication of the complaint. d. Sidewalk Vendor License Term and Renewal. The term for a sidewalk vendor license, unless sooner suspended or revoked, shall be for a period of one (1) year. Upon the expiration of such term, the person may renew the sidewalk vendor license by submitting a new application together with such renewal fee as may be established by resolution of the City Council. No sidewalk vendor license shall be sold, leased, transferred, conveyed or granted to any other person. e. Denial, Suspension or Revocation of Sidewalk Vendor License. 1. If the Chief of Police does not find that all of the requirements set forth in this subsection have been met, he or she shall deny the application for sidewalk vendor license. In the event the application for the sidewalk vendor license is denied by the Chief of Police, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the sidewalk vendor license shall be deemed to have been served if it, in fact, is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the sidewalk vendor license. 2. Any sidewalk vendor license issued under this section may be suspended or revoked by the Chief of Police or his or her designated administrator for any of the following reasons: (a) Falsehood of any information supplied by the applicant upon which issuance of the sidewalk vendor license was based. (b) Failure of the applicant to promptly notify the Chief of Police within thirty (30) days of any change occurring subsequent to the issuance of the license in the information supplied by the applicant upon which the issuance of the license was based. (c) Revocation, suspension or nonrenewal of the certificate of eligibility issued to the applicant by the Lake County Department of Health Services. (d) Conviction of or plea of guilty or nolo contendere by the applicant of any offense which would have constituted grounds for denial of a sidewalk vendor license. 3. A holder of a sidewalk vendor license shall be notified in writing by the Chief of Police when a permit has been denied, suspended or revoked. Such notice shall contain the grounds upon which the denial, suspension or revocation is based and the right to seek an appeal to the City Manager. If no appeal is filed, denial, suspension or revocation of the license shall become effective ten (10) days after notice is served. If an appeal is filed, the denial, suspension or revocation shall become effective upon final determination of the appeal by the City Manager. Notification shall be deemed to have been served when it is personally served upon the license holder or when deposited in the United States mail with postage prepaid and addressed to the license holder at the last known address of the license holder. 4. Any person whose license is revoked shall not be eligible to apply for a new certificate for a period of one (1) year following such revocation. (Ord. #216-2019, S3)

Veterans, as defined by Sections 16001 and 16001.5 of the California Business and Professions Code, shall not be required to pay any license or license fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages. (Ord. #216-2019, S3)

a. Sidewalk vendors are prohibited from operating within a median or on the street. b. Sidewalk vendors may operate in residential areas from 9:00 a.m. to 7:00 p.m. In residential areas, stationary sidewalk vendors are prohibited and roaming sidewalk vendors cannot stay in one (1) location for more than ten (10) minutes. c. Sidewalk vendors may operate in commercial areas between 8:00 a.m. and 10:00 p.m., except they may operate during 10:00 p.m. and 8:00 a.m. in commercial areas where businesses are open during those hours, provided the sidewalk vendor is located on the same street as a business that is open at that time. d. Sidewalk vendors shall dispose of all trash into trash receptacles. Used cooking oil or grease must be disposed of in a sink with a grease trap. e. Sidewalk vendors shall not set up or operate in areas that block disabled access. Street vendors must provide a minimum of forty-eight (48") inches of access to allow for disabled access and may not set up any closer than thirty (30') feet to a bus stop to allow for disabled access and space for transit riders’ access. f. No person shall solicit for commercial purposes at any dwelling, including but not limited to a house, apartment, or condominium, where there is a sign indicating “No Solicitations,” “Do Not Disturb,” or otherwise indicating that the occupants do not wish to be solicited or in any other way have their privacy disturbed. g. No sidewalk vendor shall touch, come into physical contact with, or affix any object to any member of the public, without first receiving express permission therefor from such member of the public. h. No sidewalk vendor shall persistently solicit any member of the public after such member of the public expresses his or her desire not to be solicited. i. No sidewalk vendor shall intentionally obstruct the free movement of any member of the public on any street, sidewalk or other place open to the public generally. j. No sidewalk vendor shall solicit from a captive audience. “Captive audience” shall be defined as purposefully stationary persons, such as persons in line or seated in public areas. k. No sidewalk vendor shall threaten any injury or damage to any member of the public who declines to be solicited.

l. Sidewalk vendors shall be required to obtain a general business license to operate and to pay the general business license fees required by Section 6-5. The application shall provide a mailing address and description of merchandise. In addition to a general business license, each sidewalk food vendor shall be required to obtain a license to operate from the Lake County Department of Public Health. The street vendor shall have a copy of the general business license and license from the Lake County Department of Public Health available at all times they are operating. m. Sidewalk vendors may not operate within two hundred (200') feet of any City-approved farmer’s market or swap meet. n. Sidewalk vendors may not operate on any street adjacent to a school Monday through Friday during the hours of 7:00 a.m. through 5:00 p.m. o. During an urgent or emergency public safety event such as a traffic accident, medical emergencies, gas leaks, natural disasters, fires, etc., the City may temporarily require sidewalk vendors to relocate to another location if doing so is necessary to protect the public’s health, safety, or welfare. p. Sidewalk vendors may operate in a public park except at times when the City has a third-party exclusive agreement for exclusive concessions inside the park. Sidewalk vendors may only operate during posted park hours. The City may adopt further regulations by resolution to limit the number, location, or concentration of sidewalk vendors in City parks due to health, safety and welfare concerns, when necessary to ensure the public’s use and enjoyment of the park or to prevent an undue concentration of commercial activity that unreasonably interferes with the character of the park. q. Sidewalk vendors shall not utilize sound amplifying equipment or devices. r. Upon demand of a peace officer or other City enforcement official, a sidewalk vendor shall provide a copy of any licenses required by this chapter for examination. (Ord. #216-2019, S3)

a. Administrative Citations Exclusive Remedy. Notwithstanding any other provision of the Clearlake Municipal Code, the sidewalk vendor regulations contained herein shall be enforced exclusively through the City’s administrative citation process, and citation fees shall not exceed the limits set forth in State law (Government Code Section 51039 and as may be amended from time to time). No other civil or criminal remedies may be used to enforce the provisions of this chapter unless allowed by State law. b. City’s Determination of Citee’s Ability to Pay Administrative Fines. If a person who receives an administrative citation for a violation of the sidewalk vendor regulations contained herein meets the criteria contained in Government Code Section 68632, subdivision (a) or (b), the City shall accept twenty (20%) percent of the administrative fine imposed as full satisfaction of the fine. The cited person is responsible for requesting the ability-to-pay determination, completing required forms and providing documentation to support their eligibility. (Ord. #216-2019, S3)

DOOR-TO-DOOR SALES.

No person shall go from door-to-door or place-to-place for the purpose of soliciting sales or services without having in his possession a valid door-to-door sales license. He will show them on demand to any prospective customer or any law enforcement officer. (Ord. #42, S17)

An application for a door-to-door sales license shall include: a. A description of the product or service to be offered, together with samples of all literature or other advertising material to be used. b. The proposed dates and times during which solicitations shall be made. (Ord. #42, S18)