Cupertino Municipal Code Ch. 5.48 Sidewalk Vendors

The purpose of this chapter is to set forth specific regulations to govern the vending of various food and goods from locations which are not permanent. It is recognized that such transient operations may have negative impacts which the city desires to minimize through a registration process.

(Ord. 21-2220, § 1 (part), 2021; Ord. 1733, (part), 1996)

For the purpose of this chapter, the following definitions shall be used in the interpretation and construction of this chapter, unless it is apparent from the context that a different meaning is intended.

“Sidewalk vending facility” means a non-motorized conveyance used by a sidewalk vendor. A sidewalk vending facility shall not include any authorized outdoor display associated with an immediately adjacent brick-and-mortar business. A sidewalk vending facility offering food for sale is a food establishment and must additionally comply with the requirements of Chapter 9.04.

“Sidewalk vendor” means a person who sells food or goods, but not services, from either a non-motorized conveyance, including but not limited to a pushcart, stand, display, pedal-driven cart, wagon, showcase, or rack, or from one’s person, upon a public sidewalk or other pedestrian path.

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

b. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location for a defined period of time during the day and removes their mobile vending facility from that location on a daily basis.

(Ord. 21-2220, § 1 (part), 2021)

A. No person shall place, maintain, conduct, park or allow to stand or remain any sidewalk vending facility used for displaying, selling or offering for sale food or goods within the City limits without first registering in the City’s Mobile Vendor Registry on an annual calendar year basis, pursuant to Section 5.48.040, except that the regulations in this chapter shall not apply to the exceptions identified in subsection B. below. Any registered sidewalk vending facility operating in compliance with this code is not considered an encroachment pursuant to Chapter 14.08 of the Municipal Code.

B. The registration requirements in subsection A above do not apply to:

1. Persons engaged in delivering food or goods to or from any store, fixed place of business or residence upon order of or by agreement with a customer of a store or other fixed place of business, provided they do not come within the definition of sidewalk vendor;

2. Any persons operating in accordance with Chapter 5.20 Solicitors, provided they do not come within the definition of sidewalk vendor. Any persons operating as both a sidewalk vendor and a solicitor must satisfy the requirements for both;

3. Persons engaged in the sale of food or goods as part of Outdoor Sales and Promotional Events, including special events or festivals, regulated by the Outdoor Sales and Promotional Events Policy.

(Ord. 21-2220, § 1 (part), 2021; Ord. 1733, (part), 1996)

A. Process: Registration shall be on forms provided by the City Manager or his or her designee, accompanied by a valid Cupertino business license and a registration fee established by the City Council, and include the following:

1. The name and address of the applicant, and additionally, if the applicant is an agent, the name and address of the principal, who will operate the sidewalk vending facility;

2. A copy of the applicant’s, and, additionally, if the applicant is an agent, the principal’s, California driver’s license or identification number, an individual taxpayer identification number, or a social security number. Such information shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the registration or comply with a state law or state or federal court order;

3. A certificate of insurance with policy limits set by the City Manager, naming the City as an additional insured, and stating the insurer’s name, policy terms and principal amounts (combined single limit) of a policy of insurance against general liability, bodily injury, and property damage arising from the permitted activity. The City shall provide all insurance forms. Each such policy shall be amendable only upon thirty days’ advance written notice to the city;

4. A description of the proposed business – including but not limited to a description of the food and/or goods being provided, type of vendor, hours of operation, days of the week, routes of operation, and the location of stationary vending facilities, if applicable;

5. Plans indicating the size of the sidewalk vending facility. If deemed appropriate by the City Manager or his or her designee, photographs with dimensions may be accepted, in lieu thereof;

6. A copy of a valid California Department of Tax and Fee Administration seller’s permit, as required;

7. A copy of all required permits/approvals from the Santa Clara County Public Health Department, if selling food;

8. An agreement to indemnify the City from any damage or harm on a form provided by the City; and

9. Such additional information as may be required by the City Manager or his or her designee to ensure that the sidewalk vendor is operating in compliance with the requirements of the Cupertino Municipal Code.

B. Fee: The sidewalk vendor shall pay an annual registration fee prescribed by City Council resolution, no part of which shall be returnable to the registrant.

C. Term of Registration: Registration shall be on a calendar-year basis and must be renewed annually. Registration is non-transferable.

D. Registration:

1. The sidewalk vendor shall be registered in the Mobile Vendor Registry within thirty days of receiving a registration request, if it is determined that:

a. The registration is complete with all required information and the proposed business complies with all requirements of this chapter and other applicable requirements of the Cupertino Municipal Code; and

b. The sidewalk vending activity will not unduly interfere with traffic or pedestrian movement, interfere with or endanger the public peace, be a public nuisance, or otherwise be detrimental to the health, safety, and general welfare of the public; and

c. The sidewalk vending facility and activities comply with applicable health and sanitation requirements; and

d. The sidewalk vending activity will not cause a violation of the American with Disabilities Act of 1990 (Public Law 101-336) or other disability access standards; and

e. The sidewalk vendor has not had four (4) or more violations of the Cupertino Municipal Code within the last twelve (12) months from registration submittal related to any sidewalk vending facility or activity.

f. As used in this subsection D, the term “violation” shall mean any violation of the Cupertino Municipal Code, as evidenced by a City-issued citation, unresolved notice of violation, unresolved cease-and-desist order, or other appropriate documentation. Each unique violation of the Cupertino Municipal Code shall constitute one (1) violation.

2. The City Manager or his or her designee may attach such additional conditions to the registration as may be needed to fulfill the intent of this section.

(Ord. 21-2220, § 1 (part), 2021; Ord. 1733, (part), 1996)

No sidewalk vendor shall place, maintain, conduct, park or allow to stand or remain any sidewalk vending facility, in any of the following places within the city:

A. In any natural, dirt, sand, or grass area, or any programmed space for recreation, such as sports courts, tot lots, and amphitheaters, within any City park;

B. In or upon any street (curb to curb) or center median strip, excluding sidewalks;

C. Upon any sidewalk within ten feet of any “no parking” zone designated pursuant to the provisions of Title 11, during the times when such parking prohibition is in effect;

D. Within fifteen feet of any fire hydrant or public safety alarm box, or within any one hundred foot corner triangles at any intersection pursuant to Public Works Standard Details 7-4 or any driveway clearance triangle pursuant to Public Works Standard Details 7-6;

E. Within twenty five feet of any public transit bus stop sign or any valet loading zone, taxicab stand, or other designated loading zone, to ensure open pedestrian pathways and adequate room for persons to enter and exit loading vehicles;

F. On any sidewalk separated from the street by landscaping, unless reasonable precautions are taken to protect such landscaping from damage or destruction by sidewalk vending customers;

G. Within twenty feet of another sidewalk vendor;

H. Within five hundred feet of a public or private school. This prohibition applies during school hours (when classes are in session) and one hour before and after such school hours. For purposes of this prohibition, distance will be measured along the pedestrian path or sidewalk to the school property line;

I. Within five hundred feet of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet;

J. Within five hundred feet of an area designated for a temporary special event permit for the duration of the temporary special event permit, provided that any notice provided to affected businesses or property owners under such special event permit is also provided to sidewalk vendors specifically permitted to operate in the area.

(Ord. 21-2220, § 1 (part), 2021; Ord. 1733, (part), 1996)

A. Table 5.48.060A below indicates the operation regulations for sidewalk vendors:

TABLE 5.48.060A: Operation Regulations for Sidewalk Vendors

B. The following table 5.48.060B indicates the standards that must be adhered to by all sidewalk vending facilities and vendors:

TABLE 5.48.060B: Standards for Sidewalk Vendors

(Ord. 21-2220, § 1 (part), 2021; Ord. 1733, (part), 1996)

A. The City Manager, or his or her designee, may revoke the sidewalk vendor’s registration after notice and hearing, as provided for in this subsection for the following reasons:

1. That the registration was obtained by misrepresentation, false statement or fraud;

2. That the sidewalk vending activity is being conducted in violation of local or state law;

3. That the sidewalk vendor has violated the regulations of this Chapter four (4) times within the preceding twelve (12) months; or

4. That the sidewalk vending activity has caused or is causing a serious threat to human health or public safety.

As used in this subsection (A), the term “violation” shall mean any violation of the Cupertino Municipal Code, as evidenced by a City-issued citation, unresolved notice of violation, unresolved cease-and-desist order, or other appropriate documentation. Each unique violation of the Cupertino Municipal Code shall constitute one (1) violation.

B. Process: In any case where substantial evidence indicates that the conditions in Section 5.08.070A exist, revocation proceedings shall occur as follows:

1. The City Manager, or his or her designee, may issue either a notice of pending revocation or a notice of suspension pending revocation, the latter of which shall require immediate suspension of all sidewalk vending activity pending a final determination regarding revocation. Any notice of suspension shall explain why the sidewalk vending activity presents an immediate, serious threat to human health or public safety. The notice shall detail the grounds for potential revocation of the registration and allow thirty calendar (30) days for submission of a written statement and/or supporting documentation disputing such grounds.

2. The determination on the revocation by the City Manager, or his or her designee, shall be made not more than thirty calendar (30) days after the deadline for submittal of documentation provided on the notice. The determination shall be mailed to the sidewalk vendor.

3. All notices and determinations of the City Manager, or his or her designee, shall be mailed to the sidewalk vendor.

4. The City Manager, or his or her designee, is authorized to issue administrative guidelines to further define procedures for making revocation determinations.

C. Appeals: If after such hearing the registration is revoked, the sidewalk vendor shall have the right to appeal the decision as follows:

1. The appellant must file a notice of appeal with the City Clerk within fourteen (14) calendar days of the date of the revocation decision.

2. The matter shall be scheduled for hearing before an independent hearing officer selected by the City Manager or his or her designee no more than thirty (30) calendar days from the receipt of the appeal.

3. The appellant shall be served with notice of the time and place of hearing, as well as any relevant materials, at least seven calendar days prior to the hearing.

4. The hearing may be continued from time to time upon mutual consent. At the time of the hearing, the appealing party and the City Manager or his or her designee may present such relevant evidence as he or she may have relating to the determination from which the appeal is taken.

5. Based upon the submission of such evidence and the review of the City’s files, the hearing officer shall issue a written notice and order upholding, modifying or reversing the determination from which the appeal is taken. The notice shall be given within a reasonable time after the conclusion of the hearing and shall state the reasons for the decision. The notice shall be mailed to the sidewalk vendor, and if said vendor is an agent, the notice shall additionally be mailed to the principal. The notice shall specify that the decision is final and subject only to judicial review in accordance with law.

D. Upon receiving notice of final action by the City in revoking the registration, the registration holder shall immediately cease operations within the City.

E. Notwithstanding the above, if the City Manager or his or her designee finds that any sidewalk vending facility, whether conforming with this chapter or not, is an immediate peril or menace to the public, or to any person, the City Manager or his or her designee may order the owner to immediately cease operations and remove the facility.

(Ord. 21-2220, § 1 (part), 2021; Ord. 1733, (part), 1996)

Any person who violates the provisions of this chapter shall be punished as provided in Chapter 1.12, except as limited by Govt. Code Section 51039.

(Ord. 21-2220, § 1 (part), 2021; Ord. 1733, (part), 1996)