Colton Municipal Code Ch. 5.17 Sidewalk Vending

The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

(Ord. No. O-12-19, § 4, 11-5-2019)

For purposes of this Chapter, the following definitions apply:

"Certified Famers' 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.

"City" means the City of Colton.

"Park" means a public park owned by the City.

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

"Sidewalk vendor or vending" means a person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

"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.

"Temporary Event Permit" means a permit as required by Chapter 5.44 of Title 5 of the Colton Municipal Code.

(Ord. No. O-12-19, § 4, 11-5-2019)

A. All sidewalk vendors shall obtain a Business License from the City's Business License Division, pursuant to Chapter 5.02 of the Colton Municipal Code, prior to engaging in any sidewalk vending activities. The following information shall be required:

B. Applicants for a Sidewalk Vending Business License shall have the following options for providing identification:

1. A copy of the vendor's social security card with the number; or

2. A copy of the valid California Driver's license issued to the vendor; or

3. A copy of the individual taxpayer identification number issued to the vendor; or

4. A municipal identification number.

5. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the licensure program or comply with a state law or state or federal court order.

C. The following application requirements are in addition to the City's standard Business License application:

1. If preparing or selling food, a copy of the County Health Department permit issued to the vendor; and

2. If the vendor proposes to be a stationary sidewalk vendor, a description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of thirty-six inches of accessible route area, exclusive of the top of the curb, without obstruction, along the public sidewalk or public right-of-way, in compliance with the Americans with Disabilities Act; and

3. If the vendor proposes to be a sidewalk vendor, an encroachment permit pursuant to Chapter 12.45 of the Colton Municipal Code; and

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

5. For both stationary and roaming sidewalk vendors, a description and/or image of any pushcart, including dimensions, or the stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance the vendor proposes using.

D. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no Business License will be issued. Notice shall be mailed to the applicant at the address shown on the application form.

E. If the Business License Officer approves the applicant's Business License Application, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the License to the applicant.

F. Exemptions. A sidewalk vending Business License shall not be required for the following activities:

1. The sale of agriculture products on the site where the product is grown.

2. Catering for private parties held exclusively on private property and not open to the general public.

3. Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a Certified Farmers' Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.

G. Term of Business License. A sidewalk vending Business License issued pursuant to this Chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the Business License, or renewed as set forth in the Business License Regulations of Title 5 of the Colton Municipal Code.

H. Transferability. A sidewalk vending Business License shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

(Ord. No. O-12-19, § 4, 11-5-2019)

A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City, including the following Residential Land Use Designations and Zones:

1. Very Low Residential (VL)

2. Low Density Residential (R-1)

3. Medium Density Residential (R-2)

4. Multiple Family Residential (R-3 and R-4)

5. Residential Overlay (R-O)*/If a Residential Land Use is existing onsite

6. Hub City Centre Specific Plan Residential Zones

7. Reche Canyon Specific Plan Residential Zones

B. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section 5.17.030; and

2. The sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches (36") of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

3. Sidewalk vending hours shall be conducted between the hours of 7:00 AM and 8:00 PM of every day within a non-residential zone; and

4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows; and

6. No vending shall occur within ten feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and

7. No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors vending activities; and

8. The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and

9. Exterior storage refuse, exposed equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and

10. No vending shall occur within the immediate vicinity of a Certified Farmers' Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit; and

(Ord. No. O-12-19, § 4, 11-5-2019)

A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited including but not limited to any City Park, City Hall, Gonzales Center, Colton Library, Carnegie Library, with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise.

B. Sidewalk vendors may operate in City Parks provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section 5.17.030; and

2. For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

3. The sidewalk vendor shall cease operations one hour prior to the close of the park; and

4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces, or building windows; and

6. No vending shall occur within the immediate vicinity of an event held pursuant to a Temporary Event Permit.

7. The sidewalk vendor shall not create undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the Park or necessary to endure the public's use and enjoyment of natural resources and recreational opportunities or regulations directly related to objective health, safety, or wellness concerns.

(Ord. No. O-12-19, § 4, 11-5-2019)

A. Roaming sidewalk vendors shall meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of Section 5.17.030; and

2. Sidewalk vending hours for residential zones shall be conducted between the hours of 7:00 a.m and 8:00 p.m.; and

3. Sidewalk vending hours for non-residential zones shall be conducted between the hours of 7:00 a.m. and 8:00 p.m. of every day; and

4. The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and

6. The sidewalk vendor does not conduct sales from a public street.

7. No vending shall occur within the immediate vicinity of a Certified Farmers' Market, a Swap Meet, Municipal Facilities or an event held pursuant to a Temporary Event Permit; and

(Ord. No. O-12-19, § 4, 11-5-2019)

A. A sidewalk vendor Business License issued under this Chapter may be suspended or rescinded by the Business License Officer after four or more violations of this Chapter in accordance with Section 5.17.080 of this Chapter, at their discretion, for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the Business License;

3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice of the suspension or rescission of a sidewalk vendor Business License issued under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor Business License at his or her last known address.

C. No person whose sidewalk vending Business License has been revoked pursuant to this chapter shall be issued a sidewalk vending Business License for a period of one year from the date revocation becomes final.

(Ord. No. O-12-19, § 4, 11-5-2019)

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A violation of this Chapter shall by punished by:

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 (1) year of the first violation.

B. A violation of vending without a sidewalk vending Business License, may, in lieu of the penalties set forth in subsection (A), set forth above, be punished by:

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.

C. If an individual is subject to subsection (B), set forth above, for vending without a sidewalk vending Business License, upon the individual providing proof of a valid Business License issued by the City, the administrative fines set forth in this Chapter shall be reduced to the administrative fines set forth in subsection (A), respectively.

D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be deposited in the treasury of the City.

E. Failure to pay an administrative fine assessed under this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Chapter shall not be assessed.

F. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.

G. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person's ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.

2. The City 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.

H. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

I. Nothing contained herein shall be construed to impede the City's or County's ability to enforce County Health Department codes and regulations.

(Ord. No. O-12-19, § 4, 11-5-2019)