Delano Municipal Code Ch. 6.26 Sidewalk Vending

The purpose of this chapter is to establish a sidewalk vending program within the city while maintaining objective regulations that are directly related to public health, safety, and welfare.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020)

The following definitions apply to this chapter:

"Business tax certificate" means a general license issued by the city to conduct business in the city.

"Cart" means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and includes a stationary cart or a roaming cart.

"Cart permit" means a permit issued by the city for a cart to vend food or merchandise within the city.

"California Retail Food Code" means Part 7 of Division 104 of the California Health and Safety Code (commencing at Section 113700).

"Director" means the director of the department.

"Department" means the city's finance department. "Food" means any type of edible substance or beverage. "Goods" or "merchandise" means any item that is not food.

"Health department" means the Kern County Public Health Services Department, Environmental Health Division.

"Person" or "persons" means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity.

"Roaming vending cart" means a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor, to be moved from place to place, and with stops only to complete a transaction.

"Roaming sidewalk vendor" has the same meaning as set forth in Government Code Section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.

"Rules and regulations" means the rules and regulations, if any, established by the director and adopted by city council resolution, concerning the sidewalk vending program that are intended to clarify and aid in the administration and enforcement of this chapter.

"Sidewalk" means any paved surface in the public right-of-way provided for the use of pedestrians and includes pedestrian paths.

"Sidewalk vending program" means the program established by this chapter that is applicable to sidewalk vending-related activities.

"Sidewalk vendor" has the same meaning as set forth in Government Code Section 51036(a), and includes 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.

"State seller's permit" means a permit issued by the California Department of Tax and Fee Administration.

"Stationary vending cart" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, that is intended to be operated from a fixed location by a stationary sidewalk vendor.

"Stationary sidewalk vendor" has the same meaning as set forth in Government Code Section 51036(c), and includes a sidewalk vendor who vends from a fixed location.

"Vend" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, barter, or exchange anything of value, even if the transaction is characterized as a donation.

"Vending license" means a license issued by the city to vend food or merchandise within the city in accordance with this chapter.

"Kern County Environmental Health Division permit" means any and all licenses, permits, certifications, and courses required and issued by the Environmental Health Division of the County of Kern to vend food within the city in accordance with this chapter.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020)

A. The department is authorized to issue sidewalk vending licenses and vending cart permits in accordance with this chapter.

B. The director is authorized to develop, and enforce, the rules and regulations regarding the licensing, permitting, and operation of sidewalk vending, in accordance with this chapter.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020)

No sidewalk vendor may vend or operate anywhere within the city without first obtaining a sidewalk vending license. Sidewalk vendors must comply with the terms and conditions set forth in the sidewalk vending license.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020)

No cart may be used for sidewalk vending anywhere within the city without first obtaining a sidewalk vending cart permit for such cart.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020)

While conducting duly authorized sidewalk vending in the city, each employee or operator of a sidewalk vending cart must wear or carry a city-issued identification card that corresponds to the card holder, vending license, and cart permit.

(Ord. No. 2024-1348, § 2, 6-3-2024)

A. To obtain a sidewalk vending license or vending cart permit, a sidewalk vendor must provide the following as part of the application:

1. Valid identification, such as a State of California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number, or any other government-issued identification card.

2. The name, address and telephone number of the sidewalk vendor.

3. Proposed hours and days of operation.

4. Whether the sidewalk vendor intends to operate a stationary vending cart or a roaming vending cart.

5. Proposed Location of Operation.

a. An application for placement of a stationary vending cart in a commercial or industrial area of the city must contain the proposed location, marked by major cross streets, and a photo or sketch of such location.

b. An application for a roaming vending cart in a residential area of the city must contain a sketch or description of the route the sidewalk vendor will travel.

6. The type of merchandise or food offered for sale or exchange.

7. Proof of a valid City of Delano business tax certificate.

8. Proof of liability insurance and signed indemnification in favor of the city, in an amount not less than five hundred thousand dollars for property damage and injuries, including injury resulting in death, caused by the operation of the vending business.

9. A valid California Department of Tax and Fee Administration seller's permit and additional licenses from state or local agencies to the extent required by law.

10. A permit from the health department for food-related vending, if applicable.

11. Identification of each employee that will be operating the vending cart and a certificate of completion of a food handler course for each such employee if the cart will be used for food vending.

12. Proof of a completed background check.

13. A declaration that the information provided to the city is true and correct.

14. Any other information as may be required by the director.

B. A person whose vending license or vending cart permit is revoked may not renew their vending license or vending cart permit for one year.

C. In accordance with Government Code Section 51038(c)(4), identification numbers, such as social security numbers, will be confidential and will not be disclosed.

D. An applicant may apply for a maximum of three separate vending cart permits.

E. An applicant must notify the department of any change to this information provided with the application, within two weeks of such change.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020; Ord. No. 2024-1348, § 3, 6-3-2024)

The department will issue the sidewalk vending license or vending cart permit within twenty business days after receipt of the application. The permit will be good for one year from the date of its issuance. Such permit will extend to the applicant and all agents thereof.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020)

An application fee will be established by resolution of the city council in an amount sufficient to cover the cost to the city for investigating applicant and the processing of the application. The application fee must be provided with any application or renewal of a sidewalk vending license or vending cart permit.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020)

For continued authorized sidewalk vending operations, sidewalk vending licenses and cart permits required under this Chapter 6.26 must be renewed each calendar year by filing an application under penalty of perjury updating information provided to the department in the original application and a financial report of annual earnings. Identification cards associated with a sidewalk vending license and cart permit must be updated with each annual renewal to ensure accurate identification of operators associated with such licenses and permits.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020; Ord. No. 2024-1348, § 4, 6-3-2024)

A. A sidewalk vending license and vending cart permit may be revoked or suspended by the department for any of the following reasons:

1. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail.

2. The holder of the license or permit has failed to notify the business license department of a change in facts subsequent to filing of the application as required in Section 6.26.060 of this chapter.

3. The holder of the license or permit is engaging in vending at residential dwellings and has been convicted of a felony or any misdemeanor or infraction directly related to charitable, political, commercial solicitation or vending.

4. The holder of the license or permit is a minor under eighteen years of age and is not in possession of a valid work permit.

5. The holder of the license or permit is violating any other federal, state or local law which is applicable to the holder's activities as a vendor.

B. Notice of the permit revocation or suspension stating the grounds therefor will be personally served or served by mail on the holder of the license or permit. Service by mail will be deemed complete upon posting in the United States mail. The holder of the license or permit may appeal the license or permit suspension, or revocation, by filing a notice of appeal with the city clerk within ten days of service by the department of the revocation or suspension. If an appeal is timely filed, the city council will hold a hearing at its next regular meeting. The appeal must be filed no later than noon, the week preceding the next regular meeting to be placed on that meeting's agenda. The city council may affirm, modify or overrule the decision of the department.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020)

Permits are nontransferable. It is unlawful for the permittee to transfer the permit to any other person.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020)

A. Every cart used to vend food must be approved by the health department. A cart may only vend the types of food that are listed and approved by the health department under the health department permit.

B. A cart used for sidewalk vending must obtain, possess, and prominently display a valid cart permit and all other required permits that are issued by other public agencies such as a health department permit.

C. A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the vending cart permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.

D. No cart that is used for sidewalk vending may exceed a length of seventy-two inches, a width of fifty-four inches, or a height, including roof or awning, of ninety-six inches, exclusive of a separate condiment table no larger than forty-eight inches long and twenty-four wide and a trash receptacle no larger than twenty gallons in capacity.

E. A vending cart must operate according to its approved hours of operation. The director may impose reasonable hours of operation for sidewalk vendors. For sidewalk vending in nonresidential areas, the director may limit the hours of operation in a manner consistent with other businesses or uses on the same street(s) in those nonresidential areas.

F. No vending cart, condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor's stated closing time.

G. A sidewalk vendor must maintain a clean and trash-free ten-foot radius from a stationary cart during hours of operation and must leave the area clean by the approved closing time.

H. Sidewalk vendors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles located on any block for use by the general public.

I. A stationary vending cart that vends food must be operated within two hundred feet travel distance of an approved and readily available toilet and handwashing facility. If the facility is located on private property, the vendor must possess a copy of an enforceable contract between the private property owner and the vendor allowing the vendor to utilize such facilities, including the days and hours of operation.

J. Vendors must comply with all applicable federal, state, and local laws, regulations, and ordinances.

K. No signs that are not attached to the vending cart may be used or displayed.

L. Vending carts must be self-contained, including any power, cooking, and heating equipment. Sidewalk vendors may not set up tables, chairs, or other structures, unless otherwise approved by the city. Sidewalk vendors may not access a city or private power source without authorization from the city or such private property owner or agent.

M. No sidewalk vendor or vending cart may use any device that produces a loud noise, nor may the vendor use or operate any loud speaker, public address system, radio, sound amplifier, or other similar device.

N. Before non-electric generators or auxiliary power may be used to power a vending cart, the sidewalk vendor must obtain permission, as applicable, from the San Joaquin Valley Air Pollution Control District.

O. Vending of services is prohibited.

P. Sidewalk vending carts and associated equipment authorized for associated use under this Chapter 6.26, including without limitation, trash receptacles, must be removed during non-vending hours or when sidewalk vending has otherwise ceased. Items left behind within the public right-of-way may be subject to city removal.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020; Ord. No. 2024-1348, §§ 5, 6, 6-3-2024)

No stationary vending cart may be used to vend within a residential zoned area. However, a roaming sidewalk vendor may use a roaming vending cart within a residential zone, and must move continuously except when necessary to complete a sale.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020)

A. No sidewalk vendor may place or leave any vending cart:

1. Within five feet of a marked crosswalk.

2. Within fifteen feet of a curb return. For purposes of this subsection, "curb return" means the curved connection of curbs where two streets come together to form an intersection.

3. Within five feet of any fire hydrant.

4. Within five feet ahead and forty-five feet to the rear of a sign designating a bus stop.

5. Within a marked bus zone.

6. Within ten feet of a bench or shelter used for public transit.

7. Within five feet of a driveway or driveway apron.

8. Within twenty feet of an outdoor dining or patio dining area.

9. Within eighteen inches from the edge of the curb.

10. Where placement impedes the flow of vehicular traffic such as on public streets or public highways.

11. Unless otherwise specified, within any property other than a sidewalk, as defined in Section 6.26.020, including, without limitation, a roadway, median, or traffic island.

12. Within two hundred feet of the property line of any private or public school (K-12).

13. Within one hundred feet of the property line of a police or fire department station.

14. Within one hundred feet of the property line of a cemetery.

B. No vending cart may be chained or fastened to any utility pole, sign, tree, or other object in the public right-of-way or left unattended.

C. No vending cart may impede the flow of pedestrian traffic by reducing the path of travel to less than four feet, or impede access to or restrict the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).

D. Notwithstanding any specific regulations in this chapter, no sidewalk vendor may install, use or maintain a vending cart where placement endangers the safety of persons or property.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020; Ord. No. 2024-1348, §§ 7, 8, 6-3-2024)

A. No sidewalk vending is allowed within three hundred feet of a certified farmers market, permitted swap meet, or event associated with a temporary special permit. Pursuant to Government Code § 51038(d), 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, or outdoor concerts.

B. The city may by resolution adopt additional requirements consistent with Government Code Section 51038(b)(2)(B) for city-owned or operated parks, effective after signs are posted giving notice of such additional requirements.

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020; Ord. No. 2024-1348, § 9, 6-3-2024)

Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows:

A. For vending without a valid vending license or vending cart permit:

1. An administrative fine of two hundred fifty dollars for a first violation.

2. An administrative fine of five hundred dollars for a second violation within one year of the first violation.

3. An administrative fine of one thousand dollars for a third violation and each subsequent violation, within one year of the first violation.

4. Upon proof of a valid permit issued by the city before such fines are due, the city will reduce the amount of the fines to one hundred dollars for the first violation, two hundred dollars for the second violation, and five hundred dollars for each violation thereafter.

B. For all violations of this chapter other than vending without a valid vending license or vending permit as outlined in subsection A above:

1. An administrative fine of one hundred dollars for a first violation.

2. An administrative fine of two hundred dollars for a second violation within one year of the first violation.

3. An administrative fine of five hundred dollars for a third violation within one year of the first violation.

4. An administrative fine of five hundred dollars for a fourth and each subsequent violation, and revocation of the license or permit.

C. The city will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.

D. All citations issued for violations of this chapter are subject to the administrative hearing and appeal process under Section 1.08.210 of this Code and the city's authority to use any civil remedy available to collect any unpaid administrative fine.

E. Fines assessed pursuant this section may be reduced to twenty percent of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Government Code Section 51038(f).

(Ord. No. 2020-1313, § 5(Exh. B), 3-16-2020)

Editor's note— Ord. No. 2024-1348, § 10, 6-3-2024, repealed § 6.26.170, which pertained to removal of cart and derived from Ord. No. 2020-1313, § 5(Exh. B), adopted Mar. 16, 2020.