Fullerton Municipal Code Ch. 8.75 Sidewalk Vendors

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

CERTIFIED FARMERS’ MARKET. A location operated in accordance with Cal. Food and Agricultural Code Division 17, Chapter 10.5 (commencing with § 47000), and any regulations adopted pursuant to that chapter.

CITATION. Any administrative citation issued pursuant to this chapter.

HEALTH PERMIT. The food vending permit required by the County Health Department.

PUSH CART. A small cart, limited to two or four wheels, that can be pushed by an individual by hand, as one used by street vendors.

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

SIDEWALK. A concrete or paved surface in the public right-of-way, directly adjacent to a street or highway, provided for the exclusive use of pedestrians.

SIDEWALK VENDOR. A person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other non-motorized conveyance, or from one’s person, upon a public sidewalk.

SPECIAL EVENT. Any event requiring city approval that will be conducted outdoors to which is private or the general public is admitted or invited. Such events include, carnivals, festivals, tent or car shows, circuses, parades, auctions, rallies, filming activity, sporting event or similar kinds of temporary outdoor exhibitions or performances. A block party is a type of SPECIAL EVENT.

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

(Ord. 3288, passed - -2020)

(A) Unlawful. It shall be unlawful for any person to engage in any sidewalk vending activity within the city without having first obtained a sidewalk vendor certificate from the city.

(B) Insurance.

(1) Sidewalk vendors shall not be allowed to operate within the city without first having obtained general liability insurance, in a form approved by the city, in an amount established by resolution of the City Council for coverage related to all activities associated with sidewalk vending activities, with the city named as an additional insured under such policy.

(2) Sidewalk vendors shall submit a certificate of insurance evidencing they have obtained this required insurance together with the completed application for sidewalk vendor license.

(C) Application requirements. The Director of Administrative Services, or his or her designee, shall develop a sidewalk vendor certificate of operation application form and procedures for reviewing and issuing the certificate consistent with the requirements of this chapter. A non-refundable annual sidewalk vendor certificate application fee, in an amount set by resolution of the City Council, shall be paid to the city with the completed application. An annual sidewalk vendor certificate application shall contain the following information:

(1) A schedule of the applicant’s proposed hours of operation, items of sale and area of operation;

(2) A description of all food vending equipment, signs or other means of advertisement proposed to be used;

(3) Evidence of a permit from the County Health Department for the sale of food or beverages, as may be required;

(4) Evidence of proof of commercial general liability insurance, as required;

(5) A copy of state-issued identification with photo identification and taxpayer identification number;

(6) One photograph of the sidewalk vendor and of each of the applicant’s employees, at least two inches by two inches in size, taken within the six-month period immediately preceding the date of the application shall be submitted; and

(7) The applicant’s fingerprints and the fingerprints of all applicants’ employees. The applicant and all employees shall complete the Live Scan fingerprint process and are responsible for paying any fees associated with this check.

(D) Application review.

(1) The Chief of Police, or his or her designee, shall review the results of the Live Scan fingerprinting submittal and either approve or deny the application based on its findings and/or the applicants background. The Chief of Police, or his or her designee, shall conduct said review within 30 days of the filing of the Live Scan fingerprinting application.

(a) Approval of an applicant or operators background is contingent on neither the applicant nor any operator of a pushcart or other vending conveyance being convicted or pleading nolo contendere or found guilty within five years prior to his or her application for a sidewalk vendor license to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including, but not limited to, the sale of a controlled substance as specified in Cal. Health and Safety Code §§ 11054 through 11058, and crimes involving any of the following actions, which are considered crimes of moral turpitude for the purposes of this division (D)(1): assault with intent to commit murder; attempted lewd acts on a minor; arson; burglary; child abuse; criminal threats; domestic violence when committed against a spouse; failure to register as a sex offender; felon in possession of a firearm; felony hit and run; grand theft auto; murder; perjury; possession for sale of controlled substances; rape; receiving stolen property; robbery; trespass with the intent to injure any property or property rights; or interference with the conduct of business, voluntary manslaughter and welfare fraud.

(b) The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in Cal. Penal Code § 11105. Any complaint for the charges listed in division (D)(1)(a) above pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.

(c) If an application is deemed pending, the Chief of Police, or appointed designee, shall within 30 days after the adjudication of the pending criminal matter, notify the Director of Administrative Services, or his or her designee, of the results of the background check.

(d) An applicant shall be notified in writing by the Director of Administrative Services, or his or her designee, when an application has failed the Live Scan fingerprinting process or applicant background review. Such notice shall contain the grounds upon which the denial is based and the right to seek an appeal. If no appeal is filed, denial, suspension or revocation of the certificate shall become effective ten calendar days after notice is served. If an appeal is filed, the denial shall become effective upon final determination of the appeal by the city.

(e) Notification shall be deemed to have been served when it is personally served upon the applicant or certificate holder or when deposited in the U.S. mail with postage prepaid and addressed to the applicant or certificate holder at the last known address of the applicant or certificate holder.

(f) Any person whose certificate is denied pursuant to this division (D)(1) shall not be eligible to apply for a new certificate for a period of one year.

(g) Upon approval of the Live Scan fingerprinting application and background, the Chief of Police, or his or her designee, shall notify the Director of Administrative Services, or his or her designee, as whether the applicant has passed the background check unless the applicant has a pending criminal matter.

(2) Upon Police Department approval, the Director of Administrative Services, or his or her designee, shall review said application to ensure the application is complete and that the proposed operation will be in compliance with the city’s operational requirements.

(E) Issuance of certificate of operation. The Director of Administrative Services, or his or her designee, shall issue the sidewalk vendor certificate of operation only if he or she finds that all of the following requirements have been met:

(1) Payment of an annual certificate fee in an amount set by resolution of the City Council to defray the costs of administering the certificate;

(2) The application contains all the information required by this chapter;

(3) The applicant has not knowingly made a material misrepresentation of fact in the application; and

(4) The applicant has fully cooperated in the investigation of the application.

(F) Sidewalk vendor certificate of operation and renewal. The term for a sidewalk vendor certificate of operation, unless sooner suspended or revoked, shall be valid for the calendar year applied or portion thereof. Upon the expiration of such term, the applicant may renew the sidewalk vendor certificate by submitting a new application together with such renewal fee as may be established by resolution of the City Council. No sidewalk vendor certificate shall be sold, leased, transferred conveyed or granted to any other person.

(G) Denial, suspension or revocation of sidewalk vendor certificate; appeal.

(1) If the Director of Administrative Services, or his or her designee, does not find that all of the requirements set forth in this section have been met, he or she shall deny the application for a sidewalk vendor certificate.

(2) Any sidewalk vendor certificate of operation issued under this chapter may be denied, suspended or revoked by the city for any of the following reasons:

(a) Falsehood of any information supplied by the applicant upon which issuance of the sidewalk vendor certificate was based;

(b) Failure of the applicant to promptly notify the city’s Business Registration Division within 30 days of any change occurring subsequent to the issuance of the certificate in the information supplied by the applicant upon which the issuance of the certificate was based;

(c) Revocation, suspension or non-renewal of the certificate of eligibility issued to the applicant by the County Health Department; and

(d) Conviction of, or plea of guilty or nolo contendere by the applicant of any offense which would have constituted ground for denial of a sidewalk vendor certificate.

(3) An applicant for or holder of a sidewalk vendor certificate of operation shall be notified in writing by the Director of Administrative Services or his or her designee when a certificate has been denied, suspended or revoked. Such notice shall contain the grounds upon which the suspension or revocation is based and the right to seek an appeal to the Director of Public Works. If no appeal is filed, suspension or revocation of the certificate shall become effective ten calendar days after notice is served. If an appeal is filed, the suspension or revocation shall become effective upon final determination of the appeal by the Director of Public Works. Notification shall be deemed to have been served when it is personally served upon the applicant or certificate holder, or when deposited in the U.S. mail with postage prepaid and addressed to the applicant or certificate holder at the last known address of the applicant or certificate holder at the address set forth in the application.

(4) An appeal of a denial, suspension or revocation must be filed in writing with the City Clerk’s office within ten calendar days from the date the notice was served and shall include a statement setting forth the factual basis for the appeal. The Director of Public Works or his or her designee shall as act as the Hearing Officer to consider an appeal filed under this chapter.

(5) If an appeal is timely filed, the Director of Public Works or his or her designee shall, within 15 calendar days of the filing of the appeal, notify the appellant of the date, time and location for the hearing to consider the appeal, which date shall not be less than ten, nor more than 60, calendar days following the notice to the appellant of the appeal hearing. Within 15 calendar days following the appeal hearing, the Director of Public Works, or his or her designee, shall notify the appellant in writing of the decision on the appeal, which decision shall be final.

(6) If no appeal is filed, the denial, suspension or revocation of the permit shall become effective ten calendar days after the notice was served. If an appeal is filed, the denial, suspension or revocation shall become effective upon final determination of the appeal by the Director of Public Works or his or her designee.

(7) Any person whose certificate is denied or revoked shall not be eligible to apply for a new certificate for a period of one year following such denial or revocation.

(H) Fee waivers. Veterans, as defined by Cal. Business and Professions Code §§ 16001 and 16001.5, shall not be required to pay any, certificate, permit or license fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages.

(Ord. 3288, passed - -2020)

(A) Sidewalk vendors are prohibited from operating within a city parking structure or surface lot pursuant to § 8.48.050 , without supplemental authorization issued by the administering department of the city. Sidewalk vendors may operate in areas zoned for residential use from 9:00 a.m. to 5:00 p.m. In residential areas, stationary sidewalk vendors are prohibited and roaming sidewalk vendors cannot stay in one location for more than ten minutes.

(B) Sidewalk vendors may operate in any area zoned for any nonresidential use between 8:00 a.m. and dusk, except they may operate beyond said limits in areas zoned for commercial use where businesses are open during those hours, provided the sidewalk vendor is located within 200 feet of the open business.

(C) Sidewalk vendors shall dispose of all trash into trash receptacles. Used cooking oil, grease or other cooking fluids must be disposed of in a sink with a grease trap only. Wastewater shall be disposed of legally in a sewer system and not in a storm drain, catch basin or gutter. Sidewalk vendors shall comply with all applicable National Polluant Discharge Elimination System (NPDES) and Health Code requirements.

(D) Sidewalk vendors shall not setup or operate in a manner that blocks access by disabled persons. Sidewalk vendors must provide a minimum of 48 inches of access to allow for disabled access and may not set up any closer than 50 feet to a bus stop or bus shelter, marked or unmarked crosswalk, to allow for a path of access under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.

(E) No sidewalk vendor shall solicit at any dwelling, including, but not limited to, a house, apartment, business or condominium without explicit permission of the property owner.

(F) No sidewalk vendor shall touch, come into physical contact with or affix any object to any member of the public without first receiving express permission to do so from such member of the public.

(G) No sidewalk vendor shall persistently solicit any member of the public after such member of the public expresses his or her desire not to be solicited.

(H) No sidewalk vendor shall intentionally obstruct the free movement of any member of the public on any street, sidewalk or other place open to the public generally.

(I) No sidewalk vendor shall solicit from a captive audience. For the purpose of this division (I), CAPTIVE AUDIENCE shall be defined as purposefully stationary persons, such as persons in line or seated in public areas.

(J) No sidewalk vendor shall threaten any injury or damage to any member of the public who declines to be solicited.

(K) Sidewalk vendors shall be required to obtain a business certificate as required by Title 4, Chapter 4.02 et seq. of this code.

(L) Sidewalk vendors may not operate within 1,000 feet of any certified farmers’ market, special event, sporting event or swap meet, without written agreement or permission from the city.

(M) Sidewalk vendors may not operate within 500 feet of any K-12 public or private school building or grounds thereof during any day; or within ten feet of any driveway.

(N) During an urgent or emergency public safety event, including, but not limited to, a traffic accident, medical emergencies, gas leaks, natural disasters, fires, the city may temporarily require sidewalk vendors to relocate to another location if doing so is necessary to protect the public’s health, safety or welfare.

(O) Sidewalk vendors may not operate within the city’s downtown area during the hours of 7:00 p.m. to 7:00 a.m. or within the City Transportation Center, as defined herein, except as set forth below, provided that such vending conforms to all other requirements of this chapter.

(1) The city’s downtown area is the area bordered on the north by Chapman Avenue, on the east by Lemon Street, on the south by Walnut Avenue, and Highland Avenue to the west. Within this area vending is permitted on the sidewalks of both sides of Chapman Avenue, Commonwealth Avenue, Whiting Avenue, Wilshire Avenue and Amerige Avenue.

(2) The City Transportation Center is bordered on the north by Commonwealth Avenue, on the west by Harbor Boulevard, on the south by Walnut Avenue and Lemon Street to the east. Within this area vending is permitted on the sidewalks of both sides of Commonwealth Avenue, Pomona Avenue and Santa Fe Avenue east of Pomona Avenue.

(P) Sidewalk vendors may operate in a public park with a supplemental parks and recreation park use permit. The city may not authorize a Park Use Permit that would allow stationary sidewalk vending when the city has a third-party agreement for exclusive concessions inside the park, or that would allow vending during private event(s) where that event is subject to a temporary special event permit. If authorized, sidewalk vendors may only operate during posted park hours. The city may limit the number, location or concentration of sidewalk vendors in city parks due to health, safety and welfare concerns, when necessary to ensure the public’s use and enjoyment of the park or to prevent an undue concentration of commercial activity that unreasonably interferes with the character of the park.

(Q) Sidewalk vendors may not utilize sound amplifying equipment or non-amplified musical or noise making devices.

(R) Size of vendor cart shall not exceed width, length or height expectations for the intended purpose of a push cart that may impede pedestrian movement, create an unsafe condition or be visually unsightly for surrounding conditions, based on reasonable expectations of common opinion. Additional equipment such as, but not limited to, tables, chairs, tents and the like, shall not be permitted.

(S) A decal issued by the city, certifying the issuance of business registration certificate for the purpose of sidewalk vending, shall be affixed to and prominently displayed on two sides of any cart used by a vendor; or affixed to and prominently displayed upon any stand, display, showcase or rack. Decals shall be affixed such that they are easily viewable by the public. Street vendors shall also have a copy of the original city issued certificate in their possession while conducting business. Any permit required from the Health Department shall be affixed in accordance with their requirements.

(T) No cart shall be chained or fastened to any pole, sign, tree or other object in the public right-of-way or left unattended.

(U) Vending of illegal or counterfeit merchandise is prohibited.

(V) Vending of services is prohibited.

(W) Food vending equipment utilizing cooking measures with open flames (regardless of fuel source) for food preparation shall comply with all Fire Codes. Any vendor who uses combustible cooking media (e.g., vegetable or animal oils and fats) shall maintain a Class K extinguisher on hand.

(X) Notwithstanding any specific prohibitions in this section, no vendor shall install, use or maintain a cart where placement endangers the safety of persons or property.

(Ord. 3288, passed - -2020)

This chapter shall not apply to any city-sponsored event where the sidewalk vendor is subject to a contract with the city for said city-sponsored event.

(Ord. 3288, passed - -2020)

(A) Notwithstanding any other provision of this code, this chapter shall be enforced exclusively through the city’s administrative citation process, and citation fees shall not exceed the limits set forth in divisions (B) and (C) below. No other civil or criminal remedies may be used to enforce the provisions of this chapter unless allowed by state law.

(B) A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending certificate from the city is punishable only by an administrative citation pursuant to Chapter 1.10 , in amounts not to exceed the following:

(1) First violation: $100;

(2) Second violation within one year of the first violation: $200; and

(3) For each additional violation within one year of the first violation: $500.

(C) A person engaged in sidewalk vending without a valid city sidewalk vending certificate is punishable by an administrative citation pursuant to Chapter 1.10 , in amounts not to exceed the following, in lieu of the amounts set forth in division (C):

(1) First violation: $250;

(2) Second violation within one year of the first violation: $500; and

(3) For each additional violation within one year of the first violation: $1,000.

(D) Upon proof of a valid certificate of operation issued by the city, the administrative fines set forth in division (C) above shall be reduced to the administrative fines set forth in division (B) above, or any successor sections.

(E) The Director of Administrative Services, of his or her designee, may rescind a certificate issued to a sidewalk vendor for the term of that certificate upon the fourth violation or subsequent violations.

(F) The city’s determination of violators’ ability to pay administrative fines is as follows.

(1) When assessing an administrative fine for a violation of this chapter, if the violator meets the criteria contained in Cal. Gov’t Code § 68632(a) or (b), the city shall accept 20% of the administrative fine imposed in full satisfaction of the fine.

(2) The city’s administrative citation enforcement official shall give notice to the violator of his or her right to request an ability-to-pay determination by including the notice and a checklist for eligibility of the reduced fine amount under Cal. Gov’t Code § 68632 together with the administrative citation. If eligible for the reduced fine, the violator must indicate, by signing under penalty of perjury, which criteria he or she meets and return the form together with the fine to the city. If the violator fails to return the form to the city prior to any hearing requested under § 1.10.070 , he or she may claim eligibility for the reduced fine amount at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

(Ord. 3288, passed - -2020)

(A) If any section, division, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

(B) The City Council declares that it would have passed the ordinance codified in this chapter, and each section, division, sentence, clause and phrase thereof, irrespective of the fact that any one or more of the sections, divisions, sentences, clauses or phases thereof is declared invalid or unconstitutional.

(Ord. 3288, passed - -2020)