East Palo Alto Municipal Code Ch. 5.76 Vending

It is found and declared that:

A. The primary purpose of the public right-of-way is for use by vehicular and pedestrian traffic.

B. Vending in the public right-of-way properly planned and effectively managed, promotes the public interest by contributing to an active and attractive pedestrian environment.

C. Reasonable regulation within the public right-of-way and of sidewalk vending is necessary to protect the public health, safety and welfare.

D. The regulations contained in this chapter do not prohibit pure speech by religious, civic, and social organizations and others, but merely regulate the activities of an organization which are commercial in nature, or potentially hazardous to the public.

(Prior code § 8-1.101)

For purposes of this chapter, the following definitions shall apply:

"Central business district" means the area described as follows:

1. The 1900 block of University Avenue;

2. O'Connor Street between University Avenue and Euclid;

3. Donohoe Street between Cooley and Euclid Avenue;

4. University Avenue between Donohoe and Michigan;

5. E. Bayshore block between Euclid Avenue and Bay Road.

"Church in session" means regular and special services and gatherings at which the at-large membership is present.

"Health officer" means the San Mateo County director of public health or his/her designee.

"Industrial park" means the boundaries of planned industrial developments and designated as such by the East Palo Alto department of community development.

"Motor vehicle" means any vehicle used for the displaying, storing or transporting of articles offered for sale by a vendor which is required to be licensed and registered by the Department of Motor Vehicles.

"Permit officer" means the city of East Palo Alto community development director or his/her designee.

"Public right-of-way" means all rights-of-way in common use by vehicles and pedestrians.

"Sidewalk" is that area of the right-of-way designated for, or in common use by pedestrians.

"Stand" means any trailer, temporary structure, table, showcase, bench, rack, pushcart, wagon, any wheeled vehicle or device which may be moved, used for displaying, storing or transporting of articles offered for sale by a vendor.

"Travel lane" means an area of the right-of-way designated for vehicle travel.

"Vendor" means any person engaged in the solicitation, selling, or offering for sale or barter, food, beverages, merchandise or services, from a stand or motor vehicle or from his/her person out of doors or in or on any public right of way or area not zoned for this type of sale within the city.

(Ord. 232 §§ 1-2, 1999; prior code § 8-1.102)

It is unlawful for any person to solicit, sell or offer for sale or barter, food, beverages, merchandise or services, from a stand or motor vehicle or from his/her person out of doors or in or on any public right-of-way or area not zoned for this type of sale within the city without first obtaining the required permit pursuant to this chapter.

(Ord. 232 § 3, 1999: prior code § 8-1.103)

The permit required by Section 5.76.030 shall be issued in accordance with this chapter and other applicable ordinances. The permit for a vendor's license shall include:

A. The name, home and business address of the applicant, social security number and the name, address and social security number of the owner, if other than the applicant, of the vending business, stand or motor vehicle to be used in the operation of the vending business;

B. A description of the type of food, beverage or merchandise to be sold;

C. A description of the proposed location of the vending business, except that vendors from motor vehicles shall describe the specific street or area and hours of operation in which they propose to vend;

D. Full elevational drawings, descriptions and/or photographs of any stand or motor vehicle to be used in the operation of the business, including the license and vehicle identification number of any motor vehicle used in the operation of the business;

E. Three prints of a passport size full-face photograph, taken not more than thirty (30) days prior to the date of the application, of any and every person who will sell or offer for sale any food, beverage or merchandise on any street or sidewalk within the city;

F. A certificate of inspection as required by Section 5.76.080;

G. Proof of an insurance policy, issued by an insurance company licensed to do business in the state, protecting the licensee and the city from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the license. Such insurance shall name as additional insured the city and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days advance written notice to the city. Liability insurance shall be in the amount specified by resolution of the city council, adopted from time to time;

H. Vendors shall be fingerprinted by the East Palo Alto police department, with cost thereof to be paid by the applicant. Driver's license and/or California I.D. are mandatory;

I. Submit any other information the permit officer may request including, but not limited to, proof of current DMV registration for any vehicle proposed to be used in connection with vending and proof of a current East Palo Alto business license.

(Ord. 232 § 4, 1999; prior code § 8-1.104)

A. Not later than thirty (30) days after the filing of a completed application for a vendor's permit, the applicant will be notified by the permit officer of the decision on the issuance or denial of the permit. Permits are personal, therefore not transferable. The permit officer shall consider the standards set forth in Sections 5.76.050(B), 5.76.070, 5.76.080 and 5.76.100 in determination of whether to grant a permit. If the permit is denied, the applicant is entitled to a hearing before the city manager if requested in writing within thirty (30) days of denial. Requests for such hearing will be delivered by certified or express mail to the permit officer. A permit issued pursuant to this section is valid for a period of one year. A permit to vend shall specify the location(s) from which vending is permitted and shall only be valid for vending at that location(s) only.

B. Not more than thirty five (35) vendor permits shall be issued annually by the city, such restrictions based upon the city council's determination that restricting the number of vendors is consistent with the health, safety and general welfare of the community, the demonstrated need for such vendors, and is reasonably related to the administrative capacity to monitor and enforce these regulations. In determining whether to issue a new permit the permit officer shall give preference to an applicant who is a city resident for at least six months prior to the application, with proof of residency satisfactory to the permit officer.

(Ord. 232 § 5, 1999; prior code § 8-1.105)

Vending is prohibited with the following exceptions:

A. Vending on the sidewalks is permitted in the central business district, industrial park(s) and other approved locations subject to the restrictions contained in Section 5.76.070.

B. Vending from motor vehicles is permitted throughout the city subject to the restrictions in this chapter.

C. Vending on public and private property is subject to requirements of the zoning ordinance.

(Prior code § 8-1.106)

No vendor shall:

A. Vend within two hundred (200) feet of the grounds of any elementary or secondary school between one hour prior to the start of the school day and one hour after dismissal at the end of the school day;

B. Vend within one hundred (100) feet of any hospital or medical offices without expressed written permission of the owner and concurrence by the permitting officer;

C. Vend within one hundred (100) feet of any church while church is in session;

D. Vend on any street or sidewalk where vending is otherwise prohibited;

E. Vend between thirty (30) minutes after sundown and eight-thirty a.m.;

F. Leave any stand or motor vehicle unattended;

G. Store, park or leave any stand or vending paraphernalia overnight on any street or sidewalk, or park any motor vehicle other than in a lawful parking place, in conformance with city and state parking regulations;

H. Sell food or beverages for immediate consumption unless the vendor provides litter receptacles which are available for his patrons' use;

I. Leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made by him/her;

J. Allow any items relating to the operation of the vending business to be placed anywhere other than in, on or under the stand or motor vehicle;

K. Set up, maintain or permit the use of any table, crate, carton, rack, or any other device to increase the selling or display capacity of his stand or motor vehicle, where such items have not been described in his application;

L. Solicit or conduct business with persons in motor vehicles;

M. Sell anything other than that which he is licensed to vend;

N. Sound or permit the sounding of any device which produces a noise in excess of fifty-five (55) decibels measured at a distance of fifty (50) feet from the source, or use or operate any loudspeaking, public address system, radio, sound amplifier or similar device to attract the attention of the public.

O. Vend without the insurance coverage specified in Section 5.76.040;

P. No vendor selling from a stand on the sidewalk shall:

1. Exceed fifty (50) percent of the width of the sidewalk it occupies,

2. Vend within fifteen (15) feet of an entryway to any building without expressed written permission of the owner and concurrence by the permitting officer,

3. Vend within twenty (20) feet of any driveway entrance to a police or fire station, or within ten feet of any other driveway,

4. Vend within ten feet of the crosswalk at any intersection,

5. Vend within twenty (20) feet of any bus stop,

6. Allow the stand or any other item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public or private property, without the owner's written permission.

Note: Where conflict may arise between Sections 5.76.070A—D and 5.76.070(P), the former shall prevail;

Q. No vendor vending from a motor vehicle shall:

1. Conduct his/her business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police or sanitation vehicles,

2. Stop, stand or park his vehicle upon any street, or permit it to remain there except on the roadway at the curb for the purpose of vending therefrom,

3. Stop, stand or park his vehicle upon any street for the purpose of selling, or sell on any street under any circumstances during the hours when parking, stopping or standing has been prohibited by signs or curb markings or is prohibited by statute or ordinance. Blocking travel lane(s) is specifically prohibited,

4. Remain in any one place or within two hundred (200) feet for a period longer than fifteen (15) minutes,

5. Stop, stand or park his vehicle within fifty (50) feet of any intersection, except that vehicles vending products likely to attract children as customers shall park curbside when stopping to make a sale as close as possible to a pedestrian crosswalk without entering the intersection or otherwise interfering with the flow of traffic;

R. No vending shall occur on Sundays except by local nonprofit organizations.

(Prior code § 8-1.107)

Vendors of food and beverages shall comply with the inspection provisions and standards for Grade A restaurants contained in the city code and the following:

A. The equipment used in vending food and beverages shall be inspected by the health officer in conjunction with this application for a permit.

B. Each food and beverage vending business shall be subject to semi-annual inspection by the health officer/permit officer.

(Prior code § 8-1.108)

All motor vehicles in or from which food is prepared or sold shall comply with the following requirements:

A. All equipment installed in any part of the vehicle shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.

B. All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.

C. Compressors, auxiliary engines, generators, batteries, battery chargers, gas fueled water heaters, and similar equipment shall be installed so as to be accessible only from outside the vehicle and shall be in accordance with state regulation.

D. All vehicles shall be equipped with proper backup lights and a bell that sounds automatically when the vehicle is in reverse gear.

E. All vehicles and stands shall be opened for inspection to the permitting officer or his designee.

(Prior code § 8-1.109)

All permits will be visibly displayed to the public at all times during the operation of the vending business. The vendor/operator shall wear on his/her person a picture identification, with name, approved as to form by the permit officer at the time of the issuance of the vendor permit.

(Ord. 232 § 6, 1999; prior code § 8-1.110)

No advertising, except the posting of prices, shall be permitted on any stand or motor vehicle, except to identify the name of the product or the name of the vendor.

(Prior code § 8-1.111)

Temporary vending permits may be issued to bona fide nonprofit organizations. These permits will be monthly and specify sales events and locations over a thirty-day period. Fees required under the provisions of this chapter are waived.

(Prior code § 8-1.112)

All permits are valid for the entire licensing period unless revoked or suspended prior to the expiration. An application to renew a permit shall be made not later than thirty (30) days before the expiration of the current permit.

(Prior code § 8-1.113)

Any permit may be denied, suspended or revoked for any of the following causes:

A. Fraud or misrepresentation contained in the application for the license;

B. Fraud or misrepresentation made in the course of carrying on the business of vending;

C. Conduct of the permitted business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare or morals;

D. Conduct which is contrary to the provisions of this chapter;

E. Upon a finding by the permit officer, or city manager upon review, that the vendor has violated the terms of the permit or is found to have committed one or more of the acts set forth in this section, the vendor shall surrender the permit to the permit officer on demand.

(Ord. 232 § 7, 1999: prior code § 8-1.114)

Any person violating any provision of this chapter shall be guilty of a misdemeanor.

(Ord. 232 § 8, 1999: prior code § 8-1.115)

(Ord. No. 334, § 19, 7-20-2010)