Dublin Municipal Code Art. I General Provisions

The purpose of this chapter is to establish regulations for sidewalk vendors in accordance with the provisions of SB 946. It aims to address objective health, safety, and welfare concerns that arise from the use of public right-of-way for vending. These concerns include ensuring accessibility standards; prioritizing the safety of pedestrians, cyclists, and motorists; as well as maintaining proper health and sanitary conditions.

(Ord. 4-24 § 3)

Unless the provision or context otherwise requires, the definitions contained herein shall govern the construction of this chapter.

"Applicant"

means any person who applies for a permit as required by this chapter.

"Certified farmers' market"

means a farmers' market operating in accordance with California Food and Agricultural Code 47004 et seq. in a location approved by the city of Dublin.

"City sidewalk vendor permit"

means a permit issued to a sidewalk vendor by the Permit Administrator in accordance with this chapter.

"Operator"

refers to any individual responsible for the management and operation of a sidewalk vending enterprise.

"Owner"

encompasses the following individuals or entities:

"Permit Administrator"

means the Chief of Police or his/her designee.

"Permittee"

refers to any person operating or maintaining a sidewalk vending business.

"Right-of-way"

refers to all public streets, sidewalks, pedestrian paths, landscape areas, and easements, now and hereafter owned by the city.

"Roaming sidewalk vendor"

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

"Sidewalk vendor"

means 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.

"Special event"

means an event sponsored or approved by the city involving the exclusive use of a city street or property including, but not limited to, an encroachment permit or special event permit.

"Stationary sidewalk vendor"

means a sidewalk vendor who vends from a fixed location.

(Ord. 4-24 § 3)

For the purpose of enforcing the requirements of this chapter, the owner of the sidewalk vending enterprise shall be responsible for the conduct of all employees, independent contractors, or other representatives while such persons are providing services on behalf of the business. The owner of the sidewalk vending enterprise must submit information on his or her operations, including if the sidewalk vendor is an agent of an individual, company, partnership, or corporation and the name and business address of the principal to the Permit Administrator during the permit application process. The Permit Administrator may discipline an owner or operator of the sidewalk vending business for the conduct of all individuals operating on behalf of the business.

(Ord. 4-24 § 3)

A. Every person vending without a sidewalk vending permit may be subject to an administrative violation punishable by an administrative fine not to exceed:

1. Two hundred fifty dollars ($250) for a first violation.

2. Five hundred dollars ($500) for a second violation within one (1) year of the first violation.

3. One thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

The Permit Administrator may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

Upon proof of a valid permit, the administrative fines set forth in subsection A of this section shall be reduced to the administrative fines set forth in subsection B of this section, respectively.

B. Every person violating the provisions of this chapter, except as identified in subsection A of this section, is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. One hundred dollars ($100) for a first violation.

2. Two hundred dollars ($200) for a second violation within one (1) year of the first violation.

3. Five hundred dollars ($500) for each additional violation within one (1) year of the first violation.

C. The Permit Administrator may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

D. Violations of this chapter are not punishable as infractions or misdemeanors.

E. Failure to pay an administrative fine pursuant to this chapter is not punishable as an infraction or misdemeanor. Additional financial conditions beyond those authorized in this chapter shall not be assessed.

(Ord. 4-24 § 3)

Any administrative citation issued under this chapter will include instructions regarding the right to request an ability-to-pay determination. If the requestor meets the criteria described in Government Code Section 68632(a) or (b), the City shall accept, in full satisfaction, twenty percent (20%) of the otherwise applicable fee.

(Ord. 4-24 § 3)