Dana Point Municipal Code Ch. 5.02 Regulation of Street Vending Activities

Prior ordinance history: Ord. 91-15.

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

"Commercial vehicle"

means a vehicle maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. Passenger vehicles which are not used for the transportation of persons for hire, compensation or profit are not commercial vehicles.

"Driver"

means and includes every person who drives or is in actual charge and control of any vehicle or nonmotorized device from which vending takes place.

"Goods or merchandise"

includes items and products of every kind and description, including all food, produce and beverage items.

"Highway"

means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

"Nonmotorized device"

means any device moved exclusively by human power, including, but not limited to, any pushcart, wagon, bicycle, tricycle or other wheeled container or conveyance.

"Owner"

means and includes every person having legal title to any vehicle, commercial vehicle or nonmotorized device from which vending takes place.

"Person"

means any natural person, firm, partnership, association, corporation or other entity of any kind or nature.

"Vehicle"

means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

"Vend" or "vending"

means the sale or offering for sale of any goods or merchandise to the public from a vehicle, commercial vehicle or nonmotorized device.

"Vendor"

means any person who engages in the act of vending from a vehicle, commercial vehicle or nonmotorized device or who drives or otherwise operates any such vehicle or nonmotorized device for the purpose of vending therefrom.

(Amended by Ord. 96-09, 6/25/96; Ord. 25-09, 6/17/2025)

(a) It is unlawful for any person to engage in the act of vending within the City unless that person first obtains a vendor permit from the City and complies with all other provisions of this Chapter. Any person desiring to vend within the City shall first submit an application for a vendor permit. A nonrefundable processing fee and annual vendor permit fee to be set by City Council resolution shall be submitted with the application. Such application shall include, but not be limited to, the following information:

(1) Name;

(2) Applicant's height, weight, color of eyes and hair;

(3) Written proof that the applicant is at least 18 years of age;

(4) A copy of the applicant's State of California driver's license or State of California-issued identification card;

(5) Current home address of applicant;

(6) The previous home addresses of applicant, if any, for the period of five years immediately prior to date of application;

(7) Business, occupation and/or employment history of applicant for the five years immediately preceding the date of application;

(8) Two sets of fingerprints taken by the Orange County Sheriff's Department;

(9) Two prints of a recent passport-size photograph of applicant;

(10) The name and address of the owner of the vehicle, commercial vehicle or nonmotorized device to be used for vending;

(11) Any criminal convictions or offenses within the past 10 years;

(12) Any violations of this Chapter of this Code within the past year;

(13) The make, model and license plate number of all vehicles or commercial vehicles which will be used by the vendor;

(14) A written description and photograph of all nonmotorized devices which will be used by the vendor;

(15) A written description of the food, goods and/or merchandise proposed to be sold by the vendor;

(16) Such other information as may be reasonably required by the City;

(17) A statement in writing by the applicant that he or she certifies under penalty of perjury that the foregoing information contained in the application is true and correct, said statement being duly dated;

(18) Authorization for the City and its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application.

(b) Upon receipt of a fully completed application for a vendor permit and the applicable fees, the City shall review the information and conduct a criminal background check for each vendor listed in the application.

(Amended by Ord. 96-09, 6/25/96; Ord. 25-09, 6/17/2025)

(a) The vendor permit shall be approved, conditionally approved or denied by the City Manager or his or her designee based on whether the following criteria have been met:

(1) Payment of all applicable fees;

(2) Receipt and approval by the City Attorney of certificates of insurance of at least $500,000 combined single limit, certifying as to adequate liability insurance for the specific vending business which the vendor will work for or owns, including coverage for all individuals, property and vehicles to be used in the vending. If a vendor will not be using a vehicle or commercial vehicle to vend, then the certificate of insurance will not be required;

(3) A finding that the vendor has not been found guilty or pled no contest to any of the following within the past five years: a crime of moral turpitude; a drug-related misdemeanor or felony, including, but not limited to, the sale of a controlled substance; the sale, distribution or display of obscene matter; indecent exposure; selling or disposing of lottery tickets; gambling; bookmaking; or illegal use of food stamps;

(4) A finding that, within the past year, the vendor has not had a vendor permit revoked or been found guilty of a violation of this Chapter;

(5) Accurate completion of the application.

(b) The decision of the City Manager may be appealed pursuant to Sections 2.04.100 through 2.04.130 of this Code.

(c) If the vendor permit application is approved, the City shall issue a vendor permit and vendor identification card to each vendor. The vendor identification card shall include a photograph of the vendor. The vendor permit and vendor identification card will be valid for a period of one year and must be renewed on or before the one-year anniversary of the issuance of the permit if the vendor wishes to continue vending in the City.

(d) Any person found to have misrepresented any information on the application will not be eligible to apply for a vendor permit for a period of one year.

(Amended by Ord. 96-09, 6/25/96; Ord. 25-09, 6/17/2025)

(a) All vendors vending fruits, vegetables, ice cream or other foodstuffs shall be in possession of a valid Orange County Health Inspection Sticker. If such foodstuffs are being vended from a vehicle or commercial vehicle, the sticker shall be affixed to the lower right side of the windshield of the vehicle or commercial vehicle and be clearly visible and legible. If such foodstuffs are being vended from a nonmotorized vehicle, the sticker shall be clearly displayed in a prominent location.

(b) While vending, each vendor who operates or vends from a vehicle or commercial vehicle shall have on his or her person a current valid State of California driver's license or State of California identification card which he or she shall make available for inspection by law enforcement officials upon request.

(c) Each vendor shall wear his or her vendor identification card issued by the City in a visible position upon his or her person at all times while vending.

(d) Each vendor shall comply with all requirements of state law relating to the collection of applicable sales tax on any food, goods or merchandise sold within the City of Dana Point.

(e) Vendors may only vend between the hours of 7:00 a.m. and 7:00 p.m.

(Amended by Ord. 96-09, 6/25/96; Ord. 25-09, 6/17/2025)

(a) It is unlawful for any person to vend from any nonmotorized device or operate any nonmotorized device for vending purposes while parked, stopped or standing upon any public street, highway, alley, sidewalk or parkway in the City.

(b) It is unlawful for any person to vend from any vehicle or commercial vehicle unless the driver of such vehicle or commercial vehicle has brought such vehicle to a complete stop and lawfully parked adjacent to a curb. Such vehicle or commercial vehicle shall be deemed to not be lawfully parked for purposes of this Chapter if it is parked in any of the following locations:

(1) Within an intersection;

(2) On a crosswalk;

(3) Within an area designated as "no parking" by either signage or a curb painted red;

(4) Within 15 feet of the driveway entrance to a fire station;

(5) In front of a public or private driveway;

(6) On a sidewalk;

(7) Alongside or opposite any street or highway excavation or obstruction when stopping, standing or parking would obstruct traffic;

(8) On the roadway side of any vehicle stopped, parked or standing at the curb or edge of a highway;

(9) Alongside curb space designated for the loading and unloading of bus passengers;

(10) Upon a bridge;

(11) In front of that portion of a curb which has been cut down, lowered or constructed to provide wheelchair access and which has been designated as such by either signage or red paint on the curb.

(c) It is unlawful for any person to vend from a vehicle while parked, stopped or standing upon any public street, highway, alley, sidewalk or parkway:

(1) Before the hour of 7:00 a.m. or after the hour of 7:00 p.m.;

(2) Within 500 feet of any school property;

(3) In any manner that impedes the flow of traffic;

(4) In any manner that impedes the flow of pedestrians on any sidewalk;

(5) Without clearly displaying the vendor identification card on the vehicle so that it is visible from the public right-of-way.

(d) It is unlawful to engage in vending without first obtaining a vendor permit from the City.

(e) It is unlawful for any vendor or owner to drive or cause to be driven any vehicle or commercial vehicle used for vending which is in a defective, unsafe or unsanitary condition. Every vehicle or commercial vehicle used for vending shall be subject to inspection by any officer of the City at all times during its operation.

(Amended by Ord. 96-09, 6/25/96; Ord. 25-09, 6/17/2025)

No vending shall be allowed on private property unless a separate permit is first obtained from the City and such vehicle, commercial vehicle or nonmotorized device is otherwise being operated in compliance with this Chapter and any other applicable state or local laws, including the City's zoning regulations.

(Amended by Ord. 96-09, 6/25/96; Ord. 25-09, 6/17/2025)

In addition to any other penalties of law, any vendor found to be in violation of this Chapter or who has been convicted or pled no contest to any of the violations outlined in Section 5.02.030(a)(3) shall be subject to the following:

(a) Revocation of the current vendor permit and vendor identification card.

(b) Requirement that the vendor discontinue vending and vacate the area.

(c) Should any vendor fail to discontinue vending at the direction of any officer of the City, all property associated with the vendor's operation shall be impounded at the vendor's cost. In the event that property has been seized, said property will be held until all financial obligations related to impound costs and any other legally imposed fees, fines or costs have been met.

(Amended by Ord. 96-09, 6/25/96; Ord. 25-09, 6/17/2025)

In the event of the revocation of a vendor permit, the permittee shall have the right to appeal such revocation to the City Council pursuant to Sections 2.04.100 through 2.04.130 of this Code. In the event the revocation is upheld, the permittee shall not be eligible to apply for a new vendor permit for a period of one year from the date of revocation.

(Amended by Ord. 96-09, 6/25/96; Ord. 25-09, 6/17/2025)

Any person or persons who shall violate the provisions of this Chapter shall be guilty of a misdemeanor and subject to punishment in accordance with Section 1.01.220 of this Code. Each and every day during any portion of which the provisions of this Chapter are violated shall constitute a separate offense and may be punished accordingly.

(Amended by Ord. 96-09, 6/25/96; Ord. 25-09, 6/17/2025)