Chapter 118 — SOLICITORS, CANVASSERS, AND SIDEWALK VENDORS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ROAMING SIDEWALK VENDOR. A sidewalk vendor who moves from place to place and stops only to complete a transaction.

SIDEWALK VENDING. The sale of any goods, wares, merchandise, prepared, pre-packaged; or unprepared, unpackaged food or food stuff of any kind by a sidewalk vendor, a stationary sidewalk vendor, or a roaming sidewalk vendor.

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. SOLICITOR or CANVASSER. Any person who travels from place to place by any type of conveyance taking, or attempting to take, orders for products for future delivery. The word SOLICITOR or CANVASSER shall not include any person who goes upon private property to solicit or canvass, having been invited to do so by the owner or occupant of such property.

STATIONARY SIDEWALK VENDOR. Means a sidewalk vendor who vends from a fixed location.

THE CITY. The City of Eureka.

VEND or VENDING. The sale of any goods, wares, merchandise, prepared, pre-packaged; or unprepared, unpackaged food or food stuff of any kind.

(‘63 Code, § 6-11.02) (Ord. 395-C.S., passed 1-3-84; Am. Ord. 477-C.S., passed 10-20-88; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 881-C.S., passed 12-4-18)

It shall be a violation for any person, regardless of age, to solicit or canvass as defined in § 118.01 of this chapter, at any residence between the hours of 8:00 p.m. and 8:00 a.m. each day unless such person has, between the hours of 8:00 a.m. and 8:00 p.m. of each day, obtained the advance consent from a person residing at such residence.

(‘63 Code, § 6-11.03) (Ord. 395-C.S., passed 1-3-84; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 881-C.S., passed 12-4-18) Penalty, see § 118.99

(A) All religious, nonprofit, and charitable organizations shall be exempt from the requirements of this chapter.

(B) Any fair, show, or exhibition of arts, crafts, or similar handiwork, or city-wide celebrations, observances, or special events, such as an annual sidewalk or parking lot sale shall be exempt from this chapter; provided, however that the sponsors shall apply to the City Manager for a special events license.

(C) Yard and garage sales (not exceeding three per year at one location) shall be exempt from the provisions of this chapter.

(D) The sale of household goods or food products made or raised by the salesperson on his or her premises shall be exempt from this chapter, provided that such sales take place on the premises of the salesperson. This exemption shall not apply to businesses operated under § 155.215, Home Occupations or § 155.216, Cottage Food Operation Home Occupation Permits.

(E) The terms of this chapter do not include the acts of persons selling personal property at wholesale to dealers in such articles, nor to paper carriers, nor to the acts of merchants or their employees in delivering goods in the regular course of business. Nothing contained in this chapter prohibits any sale required by statute or by order of any court, or to prevent any person conducting a bona fide auction sale pursuant to law.

(F) Vendors, merchants, exhibitors, and salespersons who exhibit, demonstrate, or solicit orders for goods or merchandise in conjunction with, and as part of the organized program of conventions, professional meetings, trade association meetings,

seminars, or other similar meetings held at hotels, motels, or public or private meeting areas within the city shall be exempt from the provisions of this chapter.

(‘63 Code, § 6-11.09) (Ord. 395-C.S., passed 1-3-84; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 881-C.S., passed 12-4-18)

• (A) It shall be a violation for sidewalk vendors and stationary sidewalk vendors, as defined in § 118.01 of this chapter, to operate in residential areas.

(B) It shall be a violation for roaming sidewalk vendors, as defined in § 118.01 of this chapter, to vend in any residential area between the hours of 8:00 p.m. and 8:00 a.m. each day unless such person has, between the hours of 8:00 a.m. and 8:00 p.m. of each day, obtained the advance consent from a person residing at a residence therein.

• (C) It shall be a violation for sidewalk vendors, stationary sidewalk vendors, and roaming sidewalk vendors who vend on the sidewalk to:

• (1) Impede access to the entrance of any adjacent building or driveway;

• (2) Occupy any public sidewalk;

• (3) Occupy any public or private street, or any right of way;

• (4) Locate within 50 feet of a fire hydrant, fire escape, bus stop, loading zone, driveway or driveway of a fire station, police station, hospital or ambulance station;

(5) Vendors selling food, beverages, goods or merchandise on behalf of service clubs, lodges, societies, organizations or corporations or other local groups of a beneficial purpose may apply for a permit as provided herein, and upon investigation and confirmation by the City Manager may be exempt from the fees herein provided;

• (6) Allow waste water to be permitted to flow into the street;

• (7) Fail to remove all trash or debris accumulating by reason of any vending and deposit the trash in a trash receptacle;

• (8) Vend between the hours of 12:00 a.m. and 6:00 a.m.;

• (9) Operate without maintaining sanitary conditions;

• (10) Locate within 300 feet of the grounds of any elementary or secondary school on any school day;

• (11) Locate within 500 feet of a freeway entrance or exit;

• (12) Locate on public sidewalk or within any public street adjacent to a curb which has been duly designated by the city as a white, yellow, blue, or red zone;

• (13) No vendor shall locate within 200 feet of any other vendor operating during the vending hours specified in this section.

• (D) It shall be a violation for sidewalk vendors, stationary sidewalk vendors, and roaming sidewalk vendors who vend in the park to:

• (1) Impede the use of any public facility;

• (2) Occupy any public path;

• (3) Operate without maintaining sanitary conditions;

• (4) Fail to remove all trash or debris accumulating by reason of any vending and deposit the trash in a trash receptacle;

• (5) Vend at a time other than the park's normal hours of operation;

• (6) Allow the unsanitary accumulation of waste water.

• (Ord. 881-C.S., passed 12-4-18) Penalty, see § 118.99

It shall be a violation for sidewalk vendors, roaming sidewalk vendors, and stationary sidewalk vendors to operate within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet during the limited operating hours of that certified farmers' market or swap meet.

• (A) A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

(B) A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. (Ord. 881-C.S., passed 12-4-18) Penalty, see § 118.99

It shall be a violation for sidewalk vendors, roaming sidewalk vendors, and stationary sidewalk vendors to operate within the immediate vicinity of an area designated for a temporary special permit issued by the city.

(A) For purposes of this section, 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) A prohibition of sidewalk vendors pursuant to this section shall only be effective for the limited duration of the temporary special permit.

(Ord. 881-C.S., passed 12-4-18) Penalty, see § 118.99

It shall be a violation for sidewalk venders, roaming sidewalk vendors, and stationary sidewalk vendors to sell food without:

• (A) Complying with Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code.

• (B) Maintaining sanitary conditions.

• (C) Obtaining any additional licenses required from other state or local agencies to the extent required by law.

• (D) Complying with other generally applicable laws.

• (Ord. 881-C.S., passed 12-4-18) Penalty, see § 118.99

It shall be a violation for sidewalk vendors, roaming sidewalk vendors, and stationary sidewalk vendors to operate without complying with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and any disability access standards under California law. A clear path of 48 inches must be maintained.

(Ord. 881-C.S., passed 12-4-18) Penalty, see § 118.99

LICENSING

It is unlawful for any person over 18 years of age to solicit or canvass as defined in § 118.01 of this chapter within the corporate limits of the city without first obtaining a business license.

(‘63 Code, § 6-11.01) (Ord. 395-C.S., passed 1-3-84; Am. Ord. 477-C.S., passed 10-20-88; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 881-C.S., passed 12-4-18) Penalty, see § 118.99

Solicitors and canvassers engaging in any business or other activity described in § 118.01 of this chapter shall first procure from the Director of Finance, a business license permitting him or her to engage in any of the selling or soliciting activities referred to in this chapter. The business license shall be issued in accordance with the following procedures:

(A) Business licenses issued to solicitors and canvassers shall be issued for a period of one year and shall be renewable for successive periods of one year upon the payment of the annual license fee.

(B) A written statement from the Eureka Police Department, indicating that the applicant is not a threat to public safety, shall be submitted to the Finance Department with the business license application for solicitors and canvassers.

(‘63 Code, § 6-11.04) (Ord. 395-C.S., passed 1-3-84; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 881-C.S., passed 12-4-18) Penalty, see § 118.99

It is a violation for any person over 18 years of age to engage in sidewalk vending as defined in § 118.01 of this chapter within the corporate limits of the city without first obtaining a sidewalk vendor's permit.

(Ord. 881-C.S., passed 12-4-18) Penalty, see § 118.99

Every sidewalk vendor, stationary sidewalk vendor, and roaming sidewalk vendor transacting any business or other activity described in § 118.01 of this chapter shall first procure from the Director of Finance, a sidewalk vendor's permit authorizing him or her to engage in any of the selling or soliciting activities referred to in this chapter. The sidewalk vendor permit shall be issued in accordance with the following procedures:

• (A) Permits issued to sidewalk vendors, stationary sidewalk vendors, and roaming sidewalk vendors shall be issued for a period of one year and shall be renewable for successive periods of one year upon the payment of the annual permit fee.

• (B) Every person engaging in sidewalk vending in the city shall pay the sidewalk vendor permit fee herein listed:

(1) The annual permit fee shall be $55, plus $11.50 per annum for each full-time equivalent employee in addition to the first owner, partner, or franchisee, the total annual fee is in no case to exceed $1,000, exclusive of penalties.

(C) A written statement from the Eureka Police Department, indicating that the applicant is not a threat to public safety, shall be submitted to the Finance Department with the permit applications for sidewalk vendors.

(D) Sidewalk vendors shall acquire any additional applicable licenses from other state or local agencies to the extent required by law.

(E) Sidewalk vendors must remain in compliance with other generally applicable laws.

(Ord. 881-C.S., passed 12-4-18) Penalty, see § 118.99

• (A) The Director of Finance shall accept the following forms of identification as valid for the permit:

• (1) A valid California driver's license or identification number;

• (2) An individual taxpayer identification number;

• (3) A social security number; or

• (4) A municipal identification number.

• (B) Sidewalk vendors shall submit the following information on his or her operations:

• (1) The name and current mailing address of the sidewalk vendor.

• (2) A description of the merchandise offered for sale or exchange.

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

(4) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.

(5) Any other information required by the Director of Finance.

(Ord. 881-C.S., passed 12-4-18) Penalty, see § 118.99

The identification information required for a sidewalk vending permit is confidential and shall not be available to the public for inspection, except as required to administer the permit program or to comply with a state law or state or federal court order. (Ord. 881-C.S., passed 12-4-18)

Persons who are denied licenses or whose licenses have been suspended or revoked may appeal by filing a written notice of appeal with the City Council. The appeal must be filed within ten work days after receipt of the notice of denial, or suspension or revocation. The City Council shall hear and determine the final appeal and the decision of the Council shall be final. (Ord. 881-C.S., passed 12-4-18)

• (A) Any violation of any of the provisions of this chapter by sidewalk vendors, stationary sidewalk vendors, or roaming sidewalk vendors shall be punishable by an administrative fine according to the following provisions:

• (1) An administrative fine of $100 for a first violation.

• (2) An administrative fine of $200 for a second violation within one year of the first violation.

• (3) An administrative fine of $500 for each additional violation within one year of the first violation.

• (4) The city may rescind a permit issued for sidewalk vending for the term of that permit upon the fourth violation or any subsequent violation.

(B) Engaging in sidewalk vending without a permit is punishable by an administrative fine according to the following provisions:

• (1) An administrative fine of $250 for a first violation.

• (2) An administrative fine of $500 for a second violation within one year of the first violation.

• (3) An administrative fine of $1,000 for each additional violation within one year of the first violation.

• (4) Upon proof of a valid permit issued by the city, the administrative fines set forth in this division shall be reduced to the administrative fines set forth in division (A), respectively.

• (C) Failure to pay an administrative fine pursuant to divisions (A) and (B) shall not be punishable as an infraction or misdemeanor.

• (D) Additional fines, fees, assessments, or any other financial conditions beyond those authorized in divisions (A) and (B) shall not be assessed.

(E) (1) When assessing an administrative fine pursuant to divisions (A) and (B), the city shall take into consideration the person's ability to pay the fine. The city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

(2) If the person meets the criteria described in subdivision (a) or (B) of Section 68632 of the Government Code, the city shall accept, in full satisfaction, 20% of the administrative fine, or may offer the following alternatives:

• (a) Community service in lieu of paying the total administrative fine.

• (b) Waiver of the administrative fine.

• (c) An alternative disposition.

• (Ord. 881-C.S., passed 12-4-18)