Farmersville Municipal Code Ch. 5.40 Regulation of Sidewalk Vendors

A. The purpose of this chapter is to establish a permitting and regulatory program for sidewalk vendors that complies with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this chapter allow the city to encourage small business activities while permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public's health, safety, and welfare.

B. The city council hereby finds that to promote the public's health, safety, and welfare, restrictions on sidewalk vending are necessary to:

1. Ensure no reasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles;

2. Provide reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, water valves, manholes, storm drains, catch basins, firefighting apparatus, mailboxes, or other utilities or appurtenances, as well as access to locations used for public transportation services;

3. Reduce exposure to the city for personal injury or property damage claims and litigation; and

4. Ensure sidewalk vending activities occur only in locations where such activities would not restrict sidewalk and pathway access and enjoyment to all users, particularly those with disabilities.

C. This chapter shall not apply to the following:

1. Catering trucks or vehicles from which food is being sold and other motorized vehicles on public streets or alleys in accordance with Section 17.68.100 of this code;

2. Vendors under contract for city-sponsored and city-approved special events including, but not limited to, a farmers' market, swap meet, street fair, parades, festivals, and outdoor concerts; or

3. Vendors participating in city-approved temporary outdoor uses in accordance with Section 17.56.040 of this code.

(Ord. No. 491, 5-28-2019)

A. "Cart" means a stationary cart or a mobile cart.

B. "Food" means any type of edible substance or beverage and any item provided in Health and Safety Code Section 113781, or any successor section.

C. "Goods" or "merchandise" means any item that can be sold and immediately obtained from a vendor which is not food.

D. "Mobile cart" means a piece of equipment used for vending which is mobile but has no motor and is capable of being propelled by a single person.

E. "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.

F. "Pocket park" means any park located in residential neighborhoods. These parks are situated near individual private residences.

G. "Sidewalk" means any surface in the public right-of-way provided for the exclusive use of pedestrians.

H. "Stationary cart" means a piece of equipment used for vending, which has no motor and is not mobile, except when being pushed, carried or transported to and from a space on the sidewalk on a daily basis.

I. "Vend," "vends," or "vending" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.

J. "Vending permit" means a written city approval required for each cart used for vending in the city.

K. "Vendor" means a person who vends.

(Ord. No. 491, 5-28-2019)

A. Every person who engages in vending is a vendor and must first obtain, and at all times maintain, a valid vending permit from the city manager, or his or her designee, in accordance with this chapter.

B. Every vendor must vend in compliance with the terms and conditions of the vending permit.

C. To apply for a vending permit, the vendor must present valid identification, such as a State of California identification or any other government-issued identification card and provide the following information:

1. The name, address, and telephone number of the vendor and of all persons that will be employed to vend for the vendor.

2. Proof of liability insurance of such types and such amounts required by the city manager.

3. An agreement by the vendor to defend, indemnify, release and hold harmless the city, its city council, boards, commissions, officers, and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relating (directly or indirectly) to the vending permit or the vendor's vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the vendor, vendor's agent, the city, or the parties initiating or bringing such proceeding.

4. An acknowledgment that the vendor's use of public property is at their own risk, that the city does not take any steps to ensure public property is safe or conducive to the vending activities, and the vendor's use of public property is at his or her own risk.

5. A vendor who sells food shall provide proof of completion of a food handler training course.

6. The number of carts the vendor will operate within the city under the vending permit, but not to exceed three.

7. The type of cart (mobile or stationary) the vendor intends to operate.

a. If a stationary cart, the location in the city where the vendor will operate, a description or site plan map of the proposed location, showing that the stationary cart maintains a minimum of thirty-six inches of accessible route area, in compliance with the American Disabilities Act.

8. Proof that every cart used to vend food within the city is approved by the Tulare County Health Department. A cart approved by the health department to vend one type of food may not be used to vend a different type of food.

9. Proof of the vendor's possession of a valid California department of tax and fee administration seller's permit, which shall be maintained during the pendency of the vendor's permit.

10. An acknowledgment that the vendor will comply with all other generally applicable local, state, and federal laws.

11. A vending permit must be renewed every year, prior to expiration. A vending permit expires one year from the date it is issued.

12. No permit is transferable. Any change in ownership or operation of a cart requires a new vending permit.

13. The applicant must pay an application or renewal fee as established by resolution of the city council. If the application is approved, it shall not be necessary for the permittee to obtain a city business license to carry on activities authorized by the vending permit, unless the applicant maintains a permanent place of business within the city.

(Ord. No. 491, 5-28-2019)

A. Within thirty days of receiving a complete application determined at the sole discretion of the city manager or designee, the city manager may issue a vending permit, with appropriate conditions, if he or she finds based on all the relevant information that:

1. The conduct of the vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare;

2. The conduct of the vendor will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;

3. The vending will not constitute a fire hazard, and all proper safety precautions will be taken;

4. The vending will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the city;

5. The vendor has not had a permit revoked within the same calendar year;

6. The vendor has satisfied the requirements of this chapter;

7. The vendor has paid all applicable fees as set by city council resolution;

8. The cart and proposed activities conform to the requirements of this chapter;

9. The vendor has adequate insurance to protect the city from liability associated with the vendor's activities, including naming the city as an additional insured, as determined by the city manager or city's risk manager; and

10. The vendor has satisfactorily and truthfully provided all information requested by the city manager to consider the application.

(Ord. No. 491, 5-28-2019)

A. Every cart used for vending must obtain a vending permit.

B. Every cart must be placed and used at all times in compliance with the terms and conditions of the vending permit and abide by all applicable laws and regulations.

C. All vendors are prohibited from vending between the hours of ten p.m. and seven a.m. daily. In residential areas, all vending is prohibited between the hours of eight p.m. or sunset, whichever is earlier, and seven a.m. daily.

D. A Vending permit must be renewed every year, prior to expiration.

E. A vendor may not use a stationary cart to vend in a residential area. Only a mobile cart may be used to vend in a residential area.

F. A vendor may operate a stationary cart only in commercial or industrial zones.

G. No more than two stationary carts with approved vending permits may be used to vend on the sidewalk of a single block face.

H. A vendor who vends in a residential area with a mobile cart shall move continuously, except when conducting a sale, which must last no more than seven minutes per sale.

I. A decal issued by the city certifying the issuance of a vending permit for the cart shall be attached to and prominently displayed on each cart in use by a vendor.

J. A cart approved to vend food by the Tulare County Health Department shall prominently display the county-issued permit on the approved cart.

K. Every stationary cart must not exceed a length of eight feet, a width of five feet, or a height, including roof, awning, or umbrella of nine feet. A vending permit application may request, and the city may approve, a small table for condiments to be used in conjunction with a cart selling food.

L. Every mobile cart must not exceed a length of seven feet, a width of three feet, or a height of four feet. A vending permit application may request, with a picture, and the city may approve, a shade structure such as an umbrella attached to a mobile cart. The shade structure may not impede the flow of pedestrian traffic.

M. A food vendor must provide a trash receptacle for customers large enough to accommodate the proper disposal of customer trash. A vendor may not dispose of customer trash in existing trash receptacles.

N. A vendor must immediately clean up any food, grease, or other fluid or item related to vending and maintain a clean and trash-free ten-foot radius from the vendor's cart during hours of operation and must leave the area clean by the approved closing time.

O. A vendor shall not approach persons to sell food or merchandise and shall not interfere in any way with anyone engaged in an activity to sell food or merchandise.

P. A vendor shall comply with the noise standards provided in Chapter 9.04 of this code and any successor chapters.

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

R. No cart, condiment table, or vendor's trash receptacle shall be chained or fastened to any pole, sign, tree, or another object in the public right-of-way or left unattended.

S. Vending within five hundred feet of any K-12 school is prohibited from six a.m. through six p.m.

T. Vending of illegal or counterfeit merchandise is prohibited.

U. Vending of services is prohibited.

V. Renting merchandise to customers is prohibited.

W. Using an open flame on or within any cart is prohibited.

X. A Vendor shall not conduct transactions with persons in moving vehicles or illegally parked or stopped vehicles.

(Ord. No. 491, 5-28-2019)

A. Carts, food, and merchandise shall be prohibited:

1. Within five feet of a marked crosswalk.

2. Within five feet of the curb return of an unmarked crosswalk.

3. Within twenty-five feet of any fire hydrant, fire call box, or other public utility.

4. Within twenty-five feet of a marked bus zone, a curb designated as yellow or red zone, and handicapped parking spaces or access ramps.

5. Within five feet of a bus bench.

6. Within ten feet of a transit shelter.

7. On an area improved with lawn, flowers, shrubs, trees, street tree well, or other landscaping.

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

9. Within fifteen feet of an outdoor dining or patio dining area.

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

11. Within two hundred feet of an area designated for a temporary special permit issued by the city, during the limited duration of the temporary special permit. If the city provides any notice, business interruption mitigation, or other rights to affected businesses or property owners under the city's temporary special permit, such notice will also be provided to the vendors specifically permitted to operate in the area, if applicable.

12. Within fifty feet of another vendor.

13. Within two hundred feet of a permitted farmer's market or swap meet.

14. On any sidewalk where a cart and queuing patrons would restrict the accessibility requirements under the Americans with Disabilities Act.

15. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than three feet or impedes access to or the use of abutting property, including, but not limited to, residences, and places of business.

16. On city-owned property without prior city approval or from connecting to any public utilities.

17. Stationary carts are prohibited:

a. In any Pocket Park. These parks are small by design and adjacent to individual private residences. The prohibition will prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park and quiet enjoyment of residential neighborhoods. Stationary carts will result in increased traffic, noise, and crowding, resulting in health, welfare, and safety issues.

b. At any park where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

c. At Roys Park. Such restriction is necessary to ensure the public's use and enjoyment of the natural resources and recreational activities provided by this park. Visitors use this park to enjoy the large and numerous trees and as an escape from commercial activity. Stationary carts will cause a direct contravention with its purpose.

B. Notwithstanding any specific prohibitions in this subsection, no vendor shall install, use, or maintain a cart in a manner that endangers the safety of persons or property.

(Ord. No. 491, 5-28-2019)

A. Violations of this chapter shall not be prosecuted as infractions or misdemeanors and shall be only punished by the following administrative fine and rescission provisions:

1. An administrative fine not exceeding one hundred dollars for a first violation;

2. An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation; and

3. An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.

B. The city manager, or his or her designee, may rescind a permit issued to a vendor for the term of that permit upon the fourth violation or subsequent violations, or for fraud or misrepresentation in the application for the permit.

(Ord. No. 491, 5-28-2019)

A. Decisions to deny an application for a permit or to impose administrative fines may be appealed by any interested person in accordance with the provisions outlined in Sections 1.13.060 through 1.13.100 of this code, except as modified by this chapter.

B. No hearing shall be held unless and until the fine or penalty has been deposited with the city, or an advance deposit hardship waiver has been issued by the hearing officer.

C. If an administrative fine is the subject of an appeal, the hearing officer shall take into consideration the person's ability to pay the fine. The hearing officer shall provide the person with a notice of his or her right to request an ability-to-pay determination. The person may request an ability-to-pay determination at or before the hearing or while the administrative fine remains unpaid.

D. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the hearing officer shall accept, in full satisfaction, twenty percent of the administrative fine imposed pursuant to this chapter.

E. The hearing officer may allow the person to complete community service instead of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

(Ord. No. 491, 5-28-2019)