Elk Grove Municipal Code Art. I Street Businesses

Regulation of the sale of merchandise upon the public streets and sidewalks within the City is necessary for the purpose of promoting the free and safe flow of vehicular and pedestrian traffic. The City Council finds that the use of such rights-of-way for such purposes in violation of the prohibitions of this article would constitute an interruption of the free flow of traffic and a serious and dangerous hazard to the public.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

As used in this article, the following terms shall be ascribed the following meanings:

A.

“Public streets”

shall mean that portion of any County, State or public road or highway within the City which is utilized for motor vehicle or bicycle traffic, including any improved shoulder adjacent to traffic lanes, and excluding sidewalks.

B.

“Sidewalks”

shall mean any right-of-way within the City which is improved for public pedestrian traffic, including paved walks and pathways.

C.

“Stand”

shall mean any fixed, temporary, permanent or mobile rack, counter, shelving, vehicle or other structure or device utilized for the purpose of transporting, storing, carrying or displaying merchandise or for the purpose of conducting sales of merchandise.

D.

“Merchandise”

shall mean any item of personal property, including, but not limited to, written materials, foods and wares.

E.

“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, and/or in a public park.

F.

“Roaming sidewalk vendor”

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

G.

“Stationary sidewalk vendor”

means a sidewalk vendor who vends from a fixed location. A sidewalk vendor who stops at any given location for longer than it takes to complete a transaction shall be deemed a stationary sidewalk vendor.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 14-2020 § 2, eff. 8-21-2020)

Except as otherwise provided in EGMC Chapters 4.54 and 9.36, no person shall engage in sidewalk vending on public streets, public sidewalks, or in public parks in the City of Elk Grove. Sidewalk vending on public streets, public sidewalks, or in public parks in the City of Elk Grove may only occur in accordance with the following conditions:

A. Each sidewalk vendor shall obtain the following prior to any sidewalk vending activity:

1. City of Elk Grove business license; and

2. Valid California Department of Tax and Fee Administration (CDTFA) seller’s permit, if applicable; and

3. Valid Sacramento County Health permits, if applicable.

B. Sidewalk vendors shall not hinder or obstruct the free passage of pedestrians along a sidewalk or block the entrance into any place of business. This includes maintaining a clear path of travel on the sidewalk of not less than five (5' 0") feet wide in compliance with the Americans with Disabilities Act (ADA) free of customer queuing, signage, pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or merchandise.

C. Sidewalk vendors shall not obstruct visibility at intersections in violation of EGMC Section 12.12.020.

D. Stationary sidewalk vendors may not operate in residential zoning districts.

E. A roaming sidewalk vendor engaged in sidewalk vending shall only stop for the time reasonably necessary to complete a transaction.

F. Between November 1st and February 28th (February 29th in a leap year) of any given year, solicitation activities shall only be conducted between the hours 9:00 a.m. to 6:00 p.m. daily, except on Sundays when the earliest start time shall be 10:00 a.m. Between March 1st and October 31st of any given year, solicitation activities shall only be conducted between 9:00 a.m. and 7:00 p.m., except on Sundays when the earliest start time shall be 10:00 a.m.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 14-2020 § 3, eff. 8-21-2020)

The provisions of this article shall not be applicable to or deemed to prohibit:

A. The placement of newspaper racks upon sidewalks; or

B. The peddling or hawking of merchandise by the taking of orders or delivering of commodities from any vehicle which is parked pursuant to EGMC Section 23.85.050.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 18-2012 § 4, eff. 10-12-2012)

Repealed by Ord. 18-2012.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Prior to the issuance of a City of Elk Grove business license for any sidewalk or park vending activity, each vendor shall submit the following information to the City:

A. Mailing address;

B. A description of the merchandise offered for sale or exchange;

C. A signed acknowledgment of the City’s operating standards and regulations related to street vending;

D. A certification by the sidewalk vendor, that to his or her knowledge and belief, the information submitted pursuant to this section is true and correct;

E. The California Sellers permit number (CDTFA sales tax number) of the sidewalk vendor, if such vendor is required by CDTFA to have a sellers permit; and

F. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.

(Ord. 14-2020 § 4, eff. 8-21-2020)