Commerce Municipal Code Ch. 5.16 Sidewalk Vending

Footnotes:

--- (4) ---

Editor's note— Ord. No. 705, § 2, adopted Jan. 15, 2019, repealed former Ch. 5.16, §§ 5.16.010—5.16.052, and enacted a new Ch. 5.16 as set out herein. Former Ch. 5.16 pertained to similar subject matter and derived from prior code § 4264(b), (c), (e); Ord. No. 46, § 1, 1962; Ord. No. 294, § 1, 1981; Ord. No. 303, § 3, 1981; Ord. No. 324, § 2, 1983; Ord. No. 390, § 1, 1986; Ord. No. 546, §§ 3—5, 2000; Ord. No. 704, § 2, 12-18-2018.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(1) "Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agriculture Code and any regulations adopted pursuant to that chapter.

(2) "Compact mobile food operation" means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

(3) "Director" means the director of finance or his or her designated representative.

(4) "Conveyance" means any non-motorized wheeled device used to carry persons or property and includes pushcarts, pedal-driven carts, and wagons.

(5) "Food" means any item provided in Health and Safety Code Section 113781, as the same may be amended from time to time.

(6) "Food truck" means a motorized vehicle specifically equipped for the sale of food or beverages used for vending purposes.

(7) "Food truck vendor" means a person who vends food or beverages using a food truck.

(8) "Goods" means, items, personal property, merchandise, or any other similar items that are generally sold, including food and beverages.

(9) "High-traffic intersections" means Washington Boulevard and Atlantic Boulevard, Washington Boulevard and Eastern Avenue, Telegraph Road and Eastern/ Washington Boulevard, Garfield Avenue and Washington Boulevard, Telegraph and Garfield, Slauson Avenue and Eastern Avenue, Slauson Avenue and Garfield Avenue, and Triggs Street and Atlantic Boulevard.

(10) "Limited food preparation" means food preparation that is restricted to one or more of the following:

(A) Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming, or boiling of hot dogs, or assembly of nonprepackaged food.

(B) Dispensing and portioning of nonpotentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing.

(C) Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.

(D) Holding, portioning, and dispensing of any foods that are prepared by a catering operation.

(E) Slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process.

(F) Cooking and seasoning to order.

(G) Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.

(H) Hot and cold holding of food that has been prepared at an approved permanent food facility.

(I) Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter.

(11) "Motorized conveyance" shall mean a pushcart, stand, display, pedal driven cart, wagon, showcase, rack, or other conveyance with any form of non-human assisted propulsion.

(12) "Mobile food facility" means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.

(13) "Nonmotorized conveyance" shall mean a pushcart, stand, display, pedal driven cart, wagon, showcase, rack, or other nonmotorized conveyance which solely uses human power for movement.

(14) "Owner" means any person who owns, operates, controls, manages, or leases one or more nonmotorized conveyance for the purpose of vending food or merchandise, including the vending of food or merchandise from one's person, and:

(A) Conducts, permits, or causes the vending of food or merchandise from a nonmotorized conveyance, or from one's person; or

(B) Contracts with persons to vend food or merchandise from a nonmotorized conveyance, including the vending of food or merchandise from one's person.

(15) "Parkway" means that portion of a street or highway, other than the roadway or the sidewalk, and is generally identified as the space between the street and the sidewalk, or street medians.

(16) "Pathway" means a paved path or walkway owned by the city or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.

(17) "Pedestrian path" means a pathway or walkway, other than a sidewalk, that is owned by the city and is specifically designed for pedestrian travel. Pedestrian path shall not include any private property or areas not traditionally used or designated for pedestrian travel, such as the street, driveways, and commercial parking lots.

(18) "Portable cooking equipment" means any gas-fueled appliance used to heat, cook, or prepare food or beverages on conveyance by a sidewalk vendor.

(19) "Public property" means all property owned or controlled by the city, including, but not limited to, buildings, parks, pathways, parkways, sidewalks, roadways, streets, and parking lot.

(20) "Public right-of-way" means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, public alleys, parkways, public transportation paths, roadways, sidewalk, and streets that is owned, granted by easement, operated, or controlled by the city.

(21) "Public park" means any property designated, dedicate, or developed by or on behalf of the city for park or open space use, including sidewalks and paths within the park or immediately adjacent to the park perimeter.

(22) "Pushcart" means any humanly propelled wheeled vehicle which contains items for sale.

(23) "Residential" means any area zoned exclusively as residential in Chapter 19.07 of this code or is designated exclusive for residential use as part of a conditional use permit, planned development permit, specific plan, residential overlay district, or equivalent.

(24) "Roadway" means that portion of the street which is improved, designed, or ordinarily used for vehicular travel.

(25) "Roaming sidewalk vendor" shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction.

(26) "Sheriff's department" means the Los Angeles County sheriff's department or applicable law enforcement agency.

(27) "Sheriff's station" means any facility located in the city where county of Los Angeles sheriff's vehicles and other equipment are housed.

(28) "Sidewalk" means a public paved or hardscape path or walkway that is specifically designed for pedestrian travel. It excludes any area primarily designed for use by vehicles or the conveyance of storm water, any area planted with landscaping, or any area primarily consisting of dirt or sand.

(29) "Sidewalk vendor" shall be defined in accordance with subsection (a) of Government Code section 51036 and shall mean a person who vends 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. This includes both roaming and stationary sidewalk vendors.

(30) "Sidewalk vendor activities" or "sidewalk vending activity" means actions that qualify a person as a sidewalk vendor or actions done in or upon public rights-of- way in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vendor facilities.

(31) "Sidewalk vending facilities" or "sidewalk vendor facilities" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for sidewalk vending activities.

(32) "Sidewalk vendor permit" shall mean the permit issued by the director to any person operating as a sidewalk vendor for the purpose of vending food or merchandise. Such permit shall also include the inspection of the nonmotorized conveyance. Such permit shall be issued in accordance with this chapter.

(33) "Stationary sidewalk vendor" shall mean a sidewalk vendor who vends from a fixed location.

(34) "Street" means a way or place of whatever nature, publicly maintained, within city public right-of-way, and open to the use of the public for purposes of vehicular travel.

(35) "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.

(36) "Temporary special permit" means a permit issued by the city for 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 event permit, for the purposes including, but not limited to, filming, parades, athletic events, public assemblies, carnivals, festivals, and outdoor concerts.

(37) "Vehicle vendor" means a person who vends from a motorized vehicle or unhitched trailer upon a public street, roadway, or highway.

(38) "Vend" or "vending" means offering food, beverage, or product of any kind for sale from one's person or nonmotorized conveyance, whether moving or standing.

(Ord. No. 705, § 2, 1-15-2019; Ord. No. 807, § 2, 6-27-2023)

(a) No person shall offer for the sale any food product which is not packaged at a pre-approved facility, as designated by the Los Angeles County Health Department.

(b) Any compact mobile food operation with twenty-five square feet or less of display area from which only prepackaged non-potentially hazardous food (which includes, but is not limited to, bagged snacks, cans of soda, bottled water, whole fruits and vegetables, canned goods that do not need to be refrigerated, and other similar foods and whole uncooked produce is sold) is exempt from the requirements to obtain a health permit from the Los Angeles County Health enforcement agency. Notwithstanding, vendors must continue to comply with:

(1) Health and Safety Code Sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399;

(2) Chapter 1 (commencing with Section 113700);

(3) Chapter 2 (commencing with Section 113728).

(4) Local Enforcement agencies may inspect a compact mobile food operation that is exempt, during the facility's hours of operation and other reasonable times on the basis of a consumer complaint or just cause.

(5) A compact mobile food operation that is not exempt is subject to permitting and routine inspections or inspections on the basis of a consumer complaint or just cause.

(6) The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations.

(c) Compact mobile food operations shall conduct only limited food preparation, as defined in Health and Safety Section 113818. A compact mobile food operation, as defined in subdivision (c) of Section 113831, may display or sell food outdoors, if all of the following conditions are satisfied:

(1) Overhead protection are provided above all food display areas.

(2) Food items from the outdoor display are stored consistent with this chapter at all times other than during business hours.

(3) Outdoor displays comply with Section 113980 and have been approved by the enforcement agency if the compact mobile food operation is required to obtain a permit.

(4) Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.

(d) A compact mobile food operation operating from an individual shall not conduct any food preparation or sell foods other than nonpotentially hazardous prepackaged food or whole produce.

(e) No owner or sidewalk vendor shall cause or allow more than two sidewalk vendors to assemble, gather, collect, or otherwise join for any purpose on any sidewalk or other pedestrian path within fifty feet from each other per city block.

(f) Within five hundred feet of the following:

(1) An area designated for a temporary special permit issued by the city, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the city's temporary special permit are also provided to a sidewalk vendor permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the city for 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 event permit, for purposes, including, but not limited to, filming, parades, festivals, or outdoor concerts. A prohibition on sidewalk vendor activities pursuant to this paragraph shall only be effective for the duration of the temporary special permit;

(2) Civic center, a sheriff's station, or a fire station; or

(3) Any sheriff's or police officer, firefighter, or emergency medical personnel who are actively performing their duties or providing services to the public.

(g) No person shall engage in vending within three hundred feet of any school property or church.

(h) Sidewalk vendors shall not be located for purposes of offering products for sale in any location:

(1) Which creates an unreasonable obstruction to the normal flow of vehicular or pedestrian access;

(2) Within fifty feet of any intersection, other sidewalk vendor, freeways, driveway, loading zone, parking space or access ramp designed for individuals with disabilities, curb ramp, or building entrance;

(3) In any space designed for vehicular travel, parking, stopping, or loading; or

(4) Which blocks manholes, utility access, and vents.

(5) Within twenty-five feet of a door or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business within the premises;

(6) Within twenty-five feet of a pedestrian entrance/exit or elevator lobby of a city-owned parking lot.

(i) No person shall vend before nine o'clock a.m., or later than six o'clock p.m. during periods of standard time, or later than eight o'clock p.m. during periods of day light savings time in areas zoned exclusively for residential (i.e., low-density residential ("R-1"), medium-density residential ("R-2"), and high-density residential ("R-3")).

(j) No person shall vend as a stationary sidewalk vendor in city areas zoned exclusively for residential (i.e., low-density residential ("R-1"), medium-density residential ("R-2"), and high-density residential ("R-3")).

(k) Sidewalk vending activities on non-residential blocks may occur only between the hours of six a.m. and ten p.m. or the hours of operation imposed on other businesses on the same block, whichever is least restrictive.

(l) Only roaming sidewalk vendors may operate in residential areas.

(m) No sidewalk vending activities for stationary vendors are allowed within five hundred feet of the following intersections: Washington Boulevard and Atlantic Boulevard, Washington Boulevard and Eastern Avenue, Telegraph Road and Eastern/ Washington Boulevard, Garfield Avenue and Washington Boulevard, Telegraph and Garfield, Slauson Avenue and Eastern Avenue, Slauson Avenue and Garfield Avenue, and Triggs Street and Atlantic Boulevard to alleviate traffic and safety concerns of pedestrians, residents, and vendors.

(n) No person shall vend as a stationary sidewalk vendor in public parks in which the city has entered into an exclusive agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire(s). Vending machines installed and operated at public parks pursuant to a city contract are exempted from subsection (g) herein. The city council may enter into agreement(s) or franchise(s) for the exclusive selling or offering for sale of food or merchandise within any public parks. Otherwise, sidewalk vendors shall start vending between eight a.m. and stop before the designated closing time of any public park within the city.

(o) No person shall engage in the act of sidewalk vending within the immediate vicinity (i.e., one thousand feet) of a permitted certified farmers' market or permitted swap meet during the limited operating hours of that certified farmers' market or swap meet.

(p) No person shall engage in the act of sidewalk vending within the immediate vicinity (i.e., one thousand feet) of an area designated for a special event permit pursuant to Division 11, "Temporary Use and Special Event Permits" of Chapter 19.39 of Title 19, "Zoning" of this code provided that any notice, business interruption mitigation, or other rights provided to affected business or property owner are also provided to sidewalk vendors specifically permitted to operate in the area, if applicable.

(q) No person shall engage in the act of sidewalk vending with a motorized conveyance.

(r) No person shall engage in the act of sidewalk vending on private property, which includes parking lots, unless consent was given by of the property owner.

(s) No person shall engage in the act of sidewalk vending other than on the sidewalk portion of the right of way where a sidewalk exists.

(t) No person shall vend under shaded structures, awnings, gazebos, and bandshell in city parks, except as authorized by a franchise.

(u) No person shall take a nonmotorized conveyance off non-concrete surfaces in city parks.

(v) No vending shall take place in or from a parked vehicle or to any individuals traveling in a motor vehicle along a public roadway and on private and public parking lots.

(w) Notwithstanding any specific prohibition in this ordinance, a sidewalk vendor shall not vend in any location or area where the operation of sidewalk vending activities violates the law or creates a reasonably foreseeable danger to the safety of persons or property.

(x) Vending that substantially and adversely affects the health, safety, or welfare of any individual is prohibited.

(y) Vending that endangers the safety of a person or property or causing a public or private nuisance is prohibited.

(Ord. No. 705, § 2, 1-15-2019; Ord. No. 807, § 3, 6-27-2023)

(a) All food displayed, sold, or offered for sale by sidewalk vendors must be in a manner approved for sale in accordance with California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code) and in adherence to Senate Bill 972 and 946.

(b) Each sidewalk vendor with the exception of compact mobile food operators as described in Section 5.16.020 in this chapter shall display in plain view, the sidewalk vendor permit, and any permit required by state and county laws (i.e., county health department sticker issued in accordance with California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code) in adherence with Senate Bill 972.

(c) The only signs used in conjunction with street vending shall be signs affixed to or painted on the nonmotorized conveyance or its canopy, or on one's person.

(1) A trash receptacle shall be provided in or on the nonmotorized conveyance. 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 city sidewalks.

(2) No noise-making devices shall be used in conjunction with sidewalk vending except one bell with maximum diameter of two inches.

(3) Sidewalk vendors must remain in compliance with all state, county, and local laws.

(4) No nonmotorized conveyance may be left on the sidewalk, on public property, or in the public right-of-way unattended outside of the sidewalk vendor's operating hours. Nonmotorized conveyances may not be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended. Unattended nonmotorized conveyances will be impounded for safekeeping. A fine shall not be imposed for said impoundment. A nonmotorized conveyance shall be retrieved by contacting the public works division or other city personnel.

(5) Notwithstanding any specific prohibitions in this subsection, no sidewalk vendor shall place a nonmotorized conveyance where placement endangers the safety of persons or property.

(Ord. No. 705, § 2, 1-15-2019; Ord. No. 807, § 4, 6-27-2023)

It shall be unlawful for any person to engage in sidewalk vending without first applying for and obtaining a permit from the director of finance, or his or her designee, and paying the required license tax to the director in the manner provided for in this code.

(Ord. No. 705, § 2, 1-15-2019)

It shall be unlawful for any person to engage in the business of a sidewalk vendor within the city without first applying for and obtaining a permit, and, in addition. paying the required license tax to the director of finance. The procurement of such permit in the manner provided in this chapter shall be a condition precedent to the issuance of a license by the director of finance. Sidewalk vendors shall obtain permits from the director of finance upon completion of an investigation by the city's law enforcement agency, including the sheriff's department.

(Ord. No. 705, § 2, 1-15-2019)

Applicants for a permit to engage in the business of a sidewalk vendor shall file with the director of finance an application, which shall contain or be accompanied by the following:

(1) A full identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted;

(2) The residence and business addresses and telephone numbers of the applicant;

(3) The exact nature of the proposed business;

(4) If an employee or agent, a full identification of the employer or principal;

(5) The location or places of transacting business and place of residence for the past two years;

(6) Prior convictions of a crime, misdemeanor, or violation of any law, the nature, place, and date of such offense, and the disposition of the same;

(7) A photograph of the applicant who will make the actual contacts incidental to the activity of peddling or soliciting, which photograph shall have been taken within sixty days immediately prior to the date of the filing of the application, shall be two inches by two inches in size, and shall show the head and shoulders of the applicant in a clear and distinguishing manner;

(8) In the event the proposed activity involves the sale of any food products or substances for human consumption which can be contaminated by handling, a statement by a reputable physician in the county, dated not more than ten days prior to the submission of the application, certifying the applicant to be free of contagious infections and communicable diseases;

(9) A statement as to whether any city or licensing authority has ever refused to issue or to renew or has revoked a license for the conduct of the business for which the permit and license are sought, together with an accurate statement of the reasons therefor;

(10) A receipt from the director of finance showing a permit fee payment for the application form to cover the costs of the investigation of the facts to be stated in such application form;

(11) Such other information as the city's law enforcement agency may deem reasonably necessary for the protection of the public safety, morals, and general welfare of the community;

(12) A valid California Department of Tax and Fee Administration seller's permit to the extent required by law;

(13) Additional state licensing from state and local agencies to the extent required by law.

(Ord. No. 705, § 2, 1-15-2019)

The application fees for permits to engage in the business of a sidewalk vendor shall be established by resolution of the city council.

(Ord. No. 705, § 2, 1-15-2019)

The general standards set forth in this section relative to the qualifications of every applicant for such permit shall be considered and applied by the city's law enforcement agency to assist the director of finance in granting or denying the application. The application shall be of good moral character, and in this connection, the city's law enforcement agency shall ascertain and consider the following:

(1) The license history of the applicant and whether such person, in previously operating in the county or another county in the state under a license, has had such license revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent thereto:

(2) Whether the applicant has made a full disclosure of all the matters required to be set forth in the application;

(3) Whether the applicant has been in default in the payment of license taxes or any governmental agency;

(4) Such other facts relevant to the general personal history of the applicant as the city's law enforcement agency shall find necessary to a fair determination of the eligibility of the applicant; and

(5) Whether the granting of the permit will or will not be detrimental to the safety. public morals, or general welfare of the city.

(Ord. No. 705, § 2, 1-15-2019)

(a) Within thirty calendar days of receiving a completed application, the director of finance shall issue a sidewalk vendor permit, with appropriate conditions, as provided for herein, if the director finds all of the following:

(1) The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby tenants to the quiet enjoyment and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare;

(2) The conduct of the sidewalk vendor will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;

(3) The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken;

(4) The conduct of such sidewalk vending activity will not require the diversion of law enforcement to properly patrol the area of such activity as to interfere with normal law enforcement protection for other areas of the city;

(5) The sidewalk vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this chapter;

(6) The sidewalk vendor has not had a permit revoked within the past twelve months;

(7) The sidewalk vendor's application contains all required information;

(8) The sidewalk vendor has not made a materially false, misleading or fraudulent statement of fact to the city in the application process;

(9) The sidewalk vendor has satisfied all the requirements of this chapter;

(10) The sidewalk vendor has paid all applicable fees as set by city council resolution;

(11) The sidewalk vendor's sidewalk vending receptacle and proposed activities conform to the requirements of this chapter;

(12) The sidewalk vendor has adequate insurance to protect the city from liability associated with the sidewalk vendor's activities, as may be determined by the city's risk manager, or designee;

(13) The sidewalk vendor, or any other person for whom information is required to be provided pursuant to this chapter, has not within the past three years, been convicted of or pled nolo contendere to any felony or of any misdemeanor crime involving moral turpitude or such crime that is substantially related to the qualifications, functions, or duties of a sidewalk vendor, including, but not limited to, the crimes listed under of the California Penal Code, Part 1, Title 9 of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals.

(b) The director of finance, in granting any permit under this chapter, may also impose such reasonable conditions with respect to the use and scope of such permit as is determined to be necessary to protect the public health, safety and/or welfare, and to implement the intent and purpose of this chapter.

(c) All permits issued under this chapter shall expire twelve months from the date of issuance. A sidewalk vendor permit is non-transferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this chapter. Only one sidewalk vendor permit may be issued to any single person, company, or entity and the permit shall specify whether the permit is for roaming sidewalk vending or stationary sidewalk vending. No person, company, or entity shall conduct both roaming and stationary sidewalk vending under a permit.

(d) The director of finance shall consider and review applications for permit renewals pursuant to the criteria set forth in this section. Failure of a permittee to file an application to renew a permit at least thirty calendar days before the expiration thereof shall require the filing of a new application and the payment of the associated fee.

(Ord. No. 763, § 2, 10-20-2020)

Such permit or identification card shall be worn constantly by the permittee on the front of his or her coat or hat in such a way as to be conspicuous during the time the permittee is engaged in the actual activity of vending as a sidewalk vendor.

(Ord. No. 705, § 2, 1-15-2019)

It shall be unlawful for any sidewalk vendor, or any person pretending to be a vendor, peddler, for the purpose of vending, peddling or soliciting or pretending to vend, peddle or solicit, to ring the bell or knock at, on, or in any building, or entrance thereto, whereon there is painted, affixed, or otherwise displayed to the public view any visible sign containing any or all of the words "No Peddlers Permitted," "No Solicitors Permitted," "No Agents Permitted," or words which otherwise purport to prohibit or indicate the objection of the occupant to vending, peddling or soliciting on the premises. and it is unlawful for any such peddler to attempt to gain admittance to such premises.

(Ord. No. 705, § 2, 1-15-2019)

It shall be unlawful for any person to engage in the operation or business of a sidewalk vendor within the city without first obtaining a permit to do so as provided in this chapter, and with all other requisites, and thereafter exhibiting such permit or identification card, or without complying with the requirements and provisions of this chapter.

The penalties set forth herein are specifically applicable to offenses and violations as regulated by this chapter. Accordingly, any person violating any provision of this chapter shall be punished as follows:

(1) Vending without a sidewalk vendor permit as required by this chapter shall be punishable by the following:

(A) An administrative fine not exceeding two hundred fifty dollars for a first violation;

(B) An administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation;

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

(2) Except as otherwise provided in subsection (1) herein, any violation of this chapter shall be punishable by the following:

(A) An administrative fine not exceeding one hundred dollars for a first violation;

(B) An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation;

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

(3) The city council, city manager, director of finance, or their designee(s) may revoke a city-issued permit issued to a sidewalk vendor for the term of that permit for any of the following reasons: (i) upon the committing of a fourth violation or subsequent violations of this chapter; (ii) fraud, material misrepresentation or false statement contained in the application for a permit or renewal thereof; (iii) the sidewalk vendor has conducted the vending in a manner that endangers the public health, safety or welfare, or conducts his or her business in such a manner as to constitute a breach of the peace; or (iv) has failed to comply with federal, state or local laws, policies and/or regulations. The revocation, notice, hearing and appeal procedures set forth in Section 5.05.090 of Chapter 5.05 of Title 5 of this code shall apply to revoke a permit under this chapter.

(4) Upon proof of a valid sidewalk vendors permit issued by the city, the administrative fines set forth in subsection (1) shall be reduced to the administrative fines set forth in subsection (2) herein.

(5) Failure to pay an administrative fine pursuant to subsections (1) and (2) of this section shall not be punishable as an infraction or misdemeanor.

(6) When assessing administrative fines pursuant to subsections (1) and (2) of this section, the director of finance or his or her designee shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions for requesting an ability-to-pay determination. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, as determined by the director of finance, or his or her designee, the city shall accept, in full satisfaction, twenty percent of the administrative fine imposed pursuant to Section 5.16.050(a) herein. The person may request said ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.

(7) The director of finance, or his or her designee, may allow a person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition for violations of subsection (1) of this section.

(Ord. No. 705, § 2, 1-15-2019; Ord. No. 763, § 3, 10-20-2020)