Grand Terrace Municipal Code Ch. 9.05 Vending on City Sidewalks

As used in this Chapter:

A. "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.

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

C. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.

D. "Sidewalk vendor security camera" means a surveillance camera installed on a sidewalk vendor's cart, table, persons, or other equipment, used to monitor their selling area and potentially deter crime or provide evidence in case of theft or harassment while they are working.

(Ord. No. 366, § 10, 5-13-2025; Ord. No. 321, § 3, 1-8-2019; Ord. No. 320, § 5, 12-11-2018)

A. No sidewalk vendor shall operate without a permit pursuant to Chapter 5.64, a valid business license pursuant to Chapter 5.04 of this Code, and if selling food, a valid health permit issued by the County of San Bernardino.

B. All permits shall be displayed in a visible and conspicuous location at all times during the operation of the vending business.

C. It shall be prohibited for any sidewalk vendor to operate under any of the following conditions:

1. Vend in a residential zone between the hours of 6:00 p.m. or sunset, whichever is earlier, and 9:00 a.m. of the following day, Monday through Saturday, inclusive, and all day on Sundays and federal holidays, for the purpose of solicitation, unless such person has been requested or invited to do so by the owner or occupant of said premises;

2. Leave any stand unattended;

3. Store, park, or leave any stand overnight on any public street, sidewalk, or park;

4. Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use;

5. Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles;

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

7. Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her stand where such terms have not been described by his or her application;

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

9. Sell anything other than that which he or she is licensed to vend;

10. Sound or permit the sounding of any device that produces a loud and raucous noise, or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;

11. Operate within 50 feet of a fire hydrant or 25 feet of a transit stop;

12. Operate within 15 feet of the outer edge of a driveway or vehicular entrance to public or private property in residential zones;

13. Operate in a manner that does not maintain four feet of clear space on a public sidewalk;

14. Operate on any street that does not have a public sidewalk;

15. Operate a stationary vending cart in exclusively residential zones;

16. Operate a stationary sidewalk vending cart in any City park if the City or operator of the City park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire;

17. Operate within 50 feet of an abutting residential zone within a City park;

18. Operate a sidewalk vending cart within a parking lot within a City park;

19. Operate a sidewalk vending cart within 1,000 feet from any public or private school property, during school hours or one hour before or after school hours;

20. Operate a sidewalk vending cart within 500 feet of a certified farmers' market, or swap meet during the operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that Chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that Article;

21. Operate within the 500 feet of an area designated for a Temporary Special Permit issued by the City, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the temporary special permit are also provided to sidewalk vendors. For purposes of this paragraph, 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. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the Temporary Special Permit;

22. Operate in violation of any other generally applicable law; and

23. Operate without a sidewalk vendor security camera installed on a sidewalk vendor's cart, table, persons, or other equipment. The vendor must be able to provide security camera video upon request by City Officials. The vendor shall maintain storage of at minimum one week of the most current security camera video.

D. No advertising shall be permitted, except to identify the name of the food or merchandise sold or the name of the vendor and the posting of prices. Any such sign shall be a maximum of four square feet and not exceeding a height of five feet.

(Ord. No. 366, § 10, 5-13-2025; Ord. No. 321, § 3, 1-8-2019; Ord. No. 320, § 5, 12-11-2018)

A. Violations of Section 9.05.020, other than failure to possess a valid permit pursuant to Chapter 5.64, is an infraction.

1. The fourth violation or subsequent violations within one year of the first violation will result in the recission of the sidewalk vending permit for the term of that permit.

B. Violations of Section 9.05.020 by vending without a license or permit issued by the City is an infraction.

C. All fines imposed pursuant to Subsections A. or B. above shall be subject to an ability-to-pay determination as described in California Government Code Section 51039(f). Concurrently with issuing a citation for such fines to a person, 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.

(Ord. No. 369, § 30, 7-22-2025; Ord. No. 321, § 3, 1-8-2019; Ord. No. 320, § 5, 12-11-2018)

Any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and associated equipment, food, utensils, goods, or merchandise that are evidence of a crime or booked as property after arrest of a sidewalk vendor for violation of any local, State, or Federal laws or regulations, excluding this Chapter, may be seized and stored in accordance with the San Bernardino County Sheriff's Department's applicable policies and procedures and any other applicable state law.

(Ord. No. 361, § 2, 11-12-2024)

A. Impound means to seize or take custody of a sidewalk vendor's pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and associated equipment, food, utensils, goods, or merchandise (collectively "items") because of a violation of any applicable law or regulation.

B. Impoundment Authorization. Any City Official, including a peace officer, code enforcement officer or inspector, firefighter, fire prevention specialist, examiner, or other agent of the City may impound a sidewalk vendor's items used in violation of this Chapter pursuant to Section 2080.10 of the California Civil Code, Section 114393 of the California Health and Safety Code, and/or any other applicable City, County, or State Law for any of the following reasons:

1. Food displayed, offered or made available for sale, including equipment or utensils used by a sidewalk vendor, without holding a valid and displayed health permit from the San Bernardino County Health Department in violation of County or State Law.

2. Items reasonably appear to be unattended or abandoned on public or private property for more than 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first 50 feet of the items.

3. Items displayed, offered, or made available for sale by a sidewalk vendor who does not possess a valid applicable permit pursuant to Chapter 5.64 and a City business license pursuant to Chapter 5.04.

4. Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this Chapter and refuses or fails to provide identification.

5. Operation in violation of this Chapter and refusal or failure by a sidewalk vendor to remove items from public or private property within 30 consecutive minutes after being instructed to do so by a City Official or other agent of the City.

6. Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of 48 inches of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.

7. Items displayed, offered, or made available for sale in violation of any applicable Federal, State, County, or City laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals.

8. Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease, or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights, or any other animated devices or sign; or using, operating, or permitting any radio, loudspeaker, or other machine or device for the producing or reproducing of sound.

9. Items displayed, offered, or made available for sale by a sidewalk vendor who has, within a 24-month period, been issued three or more administrative citations for violations of this Chapter.

C. Disposal Authorization. The City may immediately dispose of impounded items that are perishable and/or cannot be safely stored.

D. Impoundment Period of Items Held By City. The impoundment of any sidewalk vendor's items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the City for not less than 30, nor more than 60, calendar days from the date of impoundment.

E. Impoundment Notification. Upon impoundment of items under this Section, the City Manager or City Manager's designee shall do all the following:

1. Take responsibility for the storage, documentation, and disposition of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

2. Provide the person from whom the items were taken with a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given at the time the City Official obtained the items or mailed on the next business day, by first class mail.

3. If the City Official has knowledge that the person from whom the items were taken is not the owner or if the owner cannot otherwise be ascertained, the City Manager or City Manager's designee shall make reasonable efforts to identify the owner. If the owner is identified, the City Manager or City Manager's designee shall mail, by first class mail, a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

i. The receipt and instructions shall notify the person from whom the items were taken that the items must be claimed either within: (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, and that if the items are not claimed within the applicable time, the items will be disposed of in accordance with the disposal provisions of this Section or any other applicable county or state law. Within the applicable 30 or 60 calendar days, the person may do one of the following:

1. Retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

2. Authorize in writing another person to retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

3. Notify the City in writing that they are unable to retrieve the items because they are in custody (e.g., jail or prison) and request the City to hold the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. If a person notifies the City that they are unable to either retrieve the items within the applicable 30 or 60 calendar days or have an authorized person retrieve the items, the City shall hold the items for not longer than ten additional months, after which time the City may dispose of the items in accordance with the disposal provisions of this code or any other applicable county or state law.

ii. Pursuant to state law the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this Section and the disposal provisions of this Chapter.

F. Appeal of Impoundment. An aggrieved sidewalk vendor may appeal the impoundment of their items by requesting an administrative hearing.

1. An aggrieved sidewalk vendor shall have a right to appeal the impoundment of their items within 15 calendar days after notice of the action or 15 calendar days after the decision has been mailed to the appellant's address.

2. An appeal shall be taken by filing with the City Clerk a written appeal along with an appeal fee as set by resolution of the City Council. The written appeal statement shall contain, at a minimum, the following:

i. The name, current mailing address, and telephone number of the appellant;

ii. The date of impoundment of items by a City Official;

iii. A statement as to grounds for an appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and

iv. The signature of the appellant under penalty of perjury as to the contents of the request for appeal.

3. An appeal shall be scheduled for a hearing before a hearing officer designated by the City Manager within 60 days of the filing and payment of the appeal, unless both the appellant and the hearing officer consent to a later date.

4. The City Manager shall give notice in writing to the appellant of the date, time, and location of the appeal hearing. At the hearing, the hearing officer shall review the record of the decision for impoundment of items and hear testimony of the appellant, if any, and any other interested party. The hearing officer may continue the hearing and request additional information from the appellant or the City prior to issuing a decision.

5. After the hearing, the hearing officer shall issue a written decision within ten days of the hearing to uphold or reverse the impoundment. The hearing officer shall mail notice of the decision to the appellant. The decision of the hearing officer on the appeal shall be final.

6. When an impoundment decision is reversed, the hearing officer shall state the reason for reversal. Reversal shall result in the City returning the impounded items (excluding items that are perishable and/or could not be safely stored) and any appeal fee paid back to the appellant within 15 business days.

7. When an impoundment decision is upheld, the hearing officer shall state the reason for upholding impoundment. The appellant may retrieve impounded items in accordance with Subsections F.3.i. and H. of this Section, and the City may retain any appeal fee paid.

G. Recovery of impounded items and payment of impound fees. A sidewalk vendor may recover impounded items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the items. The City Council may by resolution adopt impound fees, which shall reflect the City's personnel, enforcement, investigation, storage, disposal, and impound costs.

H. Unclaimed Items. Any unclaimed items will be considered abandoned and forfeited to the City after (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, or any other applicable City, county, or state law.

I. The City Manager is further authorized to develop additional regulations for the storage and release of impounded items not in conflict with this Chapter.

(Ord. No. 361, § 3, 11-12-2024)