Hemet Municipal Code Art. XV Sidewalk Vendors

Footnotes:

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Editor's note— Ordinance No. 1976, § 1(Exh. A), adopted May 11, 2021, amended article XV in its entirety to read as herein set out. Former article XV, §§ 18-475—18-489, pertained to similar subject matter, and derived from Ord. No. 1952, § 2(Exh. A), 1-8-19.

(a) The city council hereby finds that, to promote the health, safety and welfare, restrictions on sidewalk vending activity are necessary in part to:

(1) Ensure no interference with the performance of public safety officers including, police, firefighter, security and emergency medical personnel services.

(2) Ensure no interference with 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.

(3) Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.

(4) Provide reasonable access for sidewalk vending activities in portions of the city while preserving the use and maintenance of public rights-of-way, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

(5) Reduce exposure to the city for personal injury or property damage claims and litigation.

(6) Ensure the safe sale of food and merchandise on sidewalks, by providing the public a simple way to ensure sidewalk vendors prepare food safely and according to Riverside Department of Public Health requirements.

(7) Prevent unsanitary conditions and ensure trash and debris in the areas vending is taking place are removed by sidewalk vendors.

(8) Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on sidewalks and other public-rights-of-way are protected while accommodating sidewalk vendor equipment.

(9) Protect 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.

(10) Ensure reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

(11) Mitigate the impacts of sidewalk vending activity and protect the unique characteristics of the city.

(b) The city council hereby finds that the unique characteristics of the city require certain restrictions on sidewalk vending activities as follows:

(1) The city council finds that sidewalk vendors in the city seek and do draw patrons to their food and merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in parks and in residential areas. Sidewalk vendors can also impact access to and egress from businesses. This article imposes reasonable time, place, and manner restrictions on sidewalk vendors to the extent necessary to ensure the safety of sidewalk vendors, their patrons, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the city;

(2) The parks within the city provide passive and active recreational opportunities; restrictions on sidewalk vending activity are necessary to protect the health, safety and welfare of those persons engaged in, and the spectators of, active sports activities, the recreational opportunities, as well as protect the scenic and natural character of these parks;

(3) The city seeks to preserve the peace and quiet of the residential zones of the city, by prohibiting commercial activities such as sidewalk vending activity;

(4) Many of the sidewalks and pathways in the city are less than eight feet wide, and have a high volume of pedestrians traveling in each direction. Sidewalk vending activity in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this article. Words and phrases not defined by this article have the meaning set forth elsewhere in this Code, the California Business and Professions Code, California Vehicle Code, or California Government Code. If a term or phrase is not defined in this article, or elsewhere in this Code, the most common dictionary definition is presumed to be correct. For purposes of this article, the following definitions shall apply:

Building means a structure of a permanent nature located or constructed on a parcel of land, and shall include but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse and similar buildings.

Business license means a City of Hemet business license.

Cart means a push cart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for sidewalk vendor activity.

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.

City means the City of Hemet.

City council means the City Council of the City of Hemet.

Employ means retain, hire or engage.

Fire station means any facility where fire engines and other equipment of the Hemet Fire Department are housed within the city.

Food means any item provided in Health and Safety Code § 113781, or any successor section.

Immediate vicinity means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks.

Merchandise means any tangible personal property that can be sold and immediately obtained from a sidewalk vendor, excluding food. Items for rent shall not be considered merchandise. Merchandise excludes any service. Tangible personal property that is given to persons who sign up for a service or in exchange for a signature and/or other personal identifying information, does not constitute "merchandise" for purposes of this article. Tangible personal property that is ordered for future delivery does not constitute "merchandise" for purposes of this article.

Park means a public park within the city owned and operated by the city or another public entity.

Parkway(s) means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and/or maintaining street trees.

Pathway means a paved path or walkway owned by the city or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.

Public property means any real property owned, leased, operated, or controlled by the City of Hemet other than a street alley, parkway, sidewalk or other area dedicated, identified or used as a public right-of-way.

Public right-of-way means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the city or other public entity, or subject to an easement owned by or dedicated or granted to city.

Residential means any area zoned or used exclusively as residential in the city.

Sidewalk means any portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the city or other public entity, excluding any parkway.

Sidewalk vendor or vendor means 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 or other pathway. A person who takes or solicits orders for merchandise for future delivery does not constitute a sidewalk vendor for purposes of this article. A person who gives tangible personal property in exchange for a signature and/or other personal identifying information or in exchange for registering for a service does not constitute a sidewalk vendor for purposes of this article. A sidewalk vendor may be any of:

(1) Roaming sidewalk vendor, which means a sidewalk vendor who moves from place to place and stops only to complete a transaction; or

(2) Stationary sidewalk vendor, which means a sidewalk vendor who utilizes a singular sidewalk location and does not move from place to place.

Sidewalk vendor activities or sidewalk vending activity means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement, or maintenance of any cart.

Special event means a city permitted event including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events.

Swap meet means a location operated in accordance with the Business and Professions Code, Chapter 9, Article 6, Division 8, commencing with § 21660, and any regulations adopted pursuant to that chapter, or any successor chapter.

Vend or vending shall mean any act of soliciting, displaying, offering for sale for monetary consideration, or sale, of any goods or merchandise to the public; offering produce, prepared food, prepackaged food or nonfood sundries of any kind for sale from a sidewalk vendor on a sidewalk and/or private property and includes the movement or standing of a sidewalk vendor for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared food, prepackaged food or nonfood sundries.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

(a) No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a cart in the city without a sidewalk vendor permit. It is unlawful for any person to operate a cart in the city without having a current and valid sidewalk vendor permit obtained from the city. A copy of the sidewalk vendor permit shall be displayed in conspicuous view on each cart at all times business is conducted.

(b) Every cart shall have the name, address, and telephone number of the holder of the sidewalk vendor permit permanently affixed on both the left and right sides of the cart. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed.

(c) A written application for a sidewalk vendor permit shall be filed with the city manager, or the city manager's designee, on a form provided by the city and shall contain the following information:

(1) The name, address, and telephone number of the person applying to become a sidewalk vendor;

(2) If the operator or vendor is an agent of an individual, company, partnership, or corporation, the name and business address, phone number, and email address of the principal of such entity; and

(3) The name, address, and telephone number of the operator or vendor who will be in charge of any sidewalk vending activity and/or be responsible for the person(s) working at any cart;

(4) The name, address, and telephone number of all persons that will be employed as sidewalk vendors;

(5) The number of carts the sidewalk vendor will operate within the city under the sidewalk vendor permit;

(6) The location(s) in the city where the sidewalk vendor intends to operate;

(7) The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s);

(8) A description of the type of food(s) to be sold from a sidewalk vendor selling food, whether such food(s) is prepared on site, whether such food will require a heating element inside or on the cart for food preparation, and the type of heating element if any;

(9) A copy of the county health permit for each sidewalk vendor selling food by this article;

(10) Whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel;

(11) The dimensions of the sidewalk vendor's cart(s), including a picture of each cart operating under the sidewalk vendor permit and any signs that will be affixed thereto;

(12) Whether the sidewalk vendor will be selling food, merchandise, or both. If the sidewalk vendor is selling merchandise, a description of the merchandise to be sold;

(13) To ensure the safety of residents and the merchantability of products sold by operators without a fixed place of business, prior to the issuance of a sidewalk vendor permit, the applicant and any employee operating a cart shall cause to be filed with the city a LiveScan background check conducted by the California Department of Justice within the three months preceding the application date. The city shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location.

(14) Proof that the sidewalk vendor possesses a valid California Department of Tax and Fee Administration seller's permit which notes the city as a location or sublocation, which shall be maintained for the duration of the sidewalk vendor's permit;

(15) An acknowledgement that the sidewalk vendor will obtain and maintain throughout the duration of any permit issued under this article public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than $1,000,000;

(16) An acknowledgement that use of public property is at the sidewalk vendor's own risk, and the city does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities;

(17) An acknowledgment that the sidewalk vendor will comply with all other applicable local, state, and federal laws;

(18) A certification that under penalty of perjury, to the applicant's knowledge and belief, the information contained within the application is true and correct;

(19) A list of all other cities or other jurisdictions in which the sidewalk vendor has operated a cart within the past 12 months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past 12 months; and

(20) Any other relevant information required by the city manager, or the city manager's designee.

(d) Such application shall be accompanied by the nonrefundable sidewalk vendor permit application fee as established by resolution of the city council.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

(a) Within 60 calendar days of receiving a complete application, the city manager, or the city manager's designee may issue a sidewalk vendor permit to a sidewalk vendor if he or she finds, based on all of the relevant information, that:

(1) The conduct of such sidewalk vending activity 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 or encourage loitering;

(2) The conduct of such sidewalk vending activity 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 sidewalk vendor;

(3) The conduct of such sidewalk vending activity will not constitute a fire hazard;

(4) The conduct of such sidewalk vending activity 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 sidewalk vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this article or its predecessors;

(6) The sidewalk vendor has not had a previous license or permit for sidewalk vendor activity revoked by the city within the past five years;

(7) The application for a sidewalk vendor contains all required information and the sidewalk vendor has not made a materially false, misleading or fraudulent statement of fact to the city in the application process;

(8) The sidewalk vendor has satisfied all the requirement of this article;

(9) The sidewalk vendor has paid the sidewalk vendor permit fee;

(10) The sidewalk vendor's cart and proposed activities conform to the requirements of this article;

(11) The sidewalk vendor has provided adequate insurance to protect the city from liability associated with sidewalk vendor activities, as determined by the city manager or the city manager's designee;

(12) The sidewalk vendor has not been convicted of, or committed, any offense that is directly related to sidewalk vendor activities, within the last five years;

(13) The sidewalk vendor has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last two years; and

(14) The sidewalk vendor has not been subject to an injunction for nuisance, as defined by state or local laws, within the last five years.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

It is unlawful for any person to operate a cart that sells food in the city without a current and valid permit, certificate, or other authorization as required by the County of Riverside Department of Environmental Health. A copy of said health permit shall be kept in the cart at all times and displayed in conspicuous view upon each cart.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

All sidewalk vendor permits for sidewalk vendors issued under this article shall expire within six months from the date of issuance, unless earlier revoked in accordance with the provisions of this article. The procedures for business license renewal as set forth in this chapter are applicable to licenses for sidewalk vendors.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

Sidewalk vendor permits for sidewalk vendors are non-transferable. Any change in ownership, employee assigned to a cart, or operation of a cart requires a new sidewalk vendor permit as set forth in this article.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

No person shall conduct sidewalk vending activities within the city without first obtaining a sidewalk vendor permit issued pursuant to the requirements set forth in this article from the city, except under the following conditions:

(a) A general business license issued pursuant to the requirements of article II of this chapter shall be required when the sidewalk vending activity is associated with the operation of a city-permitted special event, subject to the conditions thereof.

(b) A general business license issued pursuant to the requirements of article II of this chapter shall be required when the sidewalk vending activity is limited to a cart on private property with the written authorization of the property owner or lawful lessee/tenant, operating solely for private purposes and when all of the following provisions are met:

(1) All sidewalk vendor activity is conducted entirely on paved portions of the premises.

(2) Service is limited to the guests of the property owner or lawful lessee/tenant only and not open to the general public.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

Every sidewalk vendor is subject to the following operating conditions when conducting sidewalk vendor activities:

(a) No sidewalk vendor shall conduct sidewalk vendor activities anywhere in the city between the hours of 9:00 p.m. and 7:00 a.m. daily, with the exception of private events.

(b) All food and merchandise shall be stored either inside or affixed to the cart or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the cart, the overall space taken up by the cart shall not exceed the size limitations provided in this section.

(c) Carts and any attachments thereto shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet.

(d) To maintain accessibility standards for the city's disabled residents, every sidewalk vendor operating on any sidewalk must ensure that no obstruction is placed in or on the sidewalk that would reduce the width of the sidewalk to fewer than 48 inches, exclusive of the top of the curb. No obstruction shall be located in a sidewalk less than six feet in width when the sidewalk is adjacent to the curb.

(e) Sidewalk vendors shall locate their cart and/or their person in a manner that maintains a minimum four-foot clear accessible path for pedestrian ingress and egress free from obstructions, including cart and customer queuing area.

(f) All signage and advertising related in any way to the sidewalk vendor shall be attached to the cart or the sidewalk vendor's person.

(g) Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated sign.

(h) Carts shall not be stored on public property and shall be removed when not in active use by a sidewalk vendor.

(i) Sidewalk vendors shall not leave their carts unattended.

(j) No cart shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials.

(k) Sidewalk vendors that sell food shall maintain a trash container in or on their cart and shall not empty their trash into public trashcans. The size of the sidewalk vendor's trash container is included towards the total size limit of a cart.

(l) Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vendor activities that falls on public property.

(m) No sidewalk vendor shall discharge liquid upon any public street, sidewalk or premises in the city.

(n) Sidewalk vendors shall not block an entrance into a building, structure or facility, or obstruct any door or window.

(o) Stationary sidewalk vendors shall not cause, allow, or maintain the placement of tables, chairs, shade structures, tents, umbrellas, other furniture, rugs, towels, fabric of any kind in public spaces or in any portion of the public right-of-way.

(p) Sidewalk vendors shall not store or leave unattended vending equipment or receptacles in public spaces or in any portion of the public right-of-way.

(q) Sidewalk vendors shall comply with the noise standards set forth in this Code.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

(a) Sidewalk vendors shall comply with all federal, state and local laws and regulations.

(b) Carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trash cans or traffic barriers.

(c) Sidewalk vendors shall not engage in any of the following activities:

(1) Conducting sidewalk vending activity on unpaved portions of property;

(2) Conducting sidewalk vending activity on privately-owned property without the written authorization of the property owner or lawful lessee/tenant and all activity must be conducted entirely on paved portions of the premises;

(3) Renting merchandise to customers;

(4) Displaying merchandise or food that is not available for immediate sale;

(5) Selling of live animals, alcohol, marijuana, adult oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana;

(6) Selling food or merchandise to any person 15 years of age or younger without one or both of their parents or legal guardians present;

(7) Using an open flame on or within any cart;

(8) Using an electrical outlet or power source that is owned by the city or another person other than the sidewalk vendor;

(9) Providing or selling any service to any person;

(10) Continuing to offer food or merchandise for sale, following, or accompanying any person who has been offered food or merchandise after the person has declined the offer to purchase food or merchandise;

(11) Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale;

(12) Blocking or impeding the path of person(s) being offered food or merchandise to purchase;

(13) Making any statement, gesture, or other communication which a reasonable person in the situation of the person(s) being offered food or merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out;

(14) Touching the person(s) being offered food or merchandise without that person(s) consent.

(15) Advertising any product or service that is not related to the food or merchandise being offered for immediate sale;

(16) Using any horns, music, lights, visual media, or sound amplifying device unless expressly approved in the sidewalk vendor permit;

(17) Placing a cart outside of any pathway or sidewalk when engaging in sidewalk vending activities;

(18) Physically altering or otherwise damaging the sidewalk;

(19) Fastening or affixing any item, including but not limited to, tape, strap, chain, tie, band, or rope, to any public property, with the exception of tape used for social distance markers;

(20) Providing or selling any service to any person; or

(21) Placing of any type of fencing or other divider around the vending area.

(d) All sidewalk vendor activities shall comply with the Americans with Disabilities Act, as the same may be amended from time to time, as well as with the proposed accessibility guidelines for pedestrian facilities in the public right-of-way.

(e) Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:

(1) Any residential zone in the city:

i. Stationary sidewalk vendors shall not operate on sidewalks or pathways directly adjacent to or within residential areas or in any park for which the city has entered an exclusive concessionaire agreement

(2) Upon or within any roadway, median strip, or in areas that separate opposing lanes of traffic on divided roadways.

(3) Hemet City Hall which requires unimpeded pedestrian ingress and egress to ensure public safety.

(4) Vending in parks:

i. Sidewalk vendors are prohibited from vending in a park owned or operated by the city where the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. Such restriction, if imposed, shall be set forth as a condition of approval of the sidewalk vendor permit and identify the restricted park(s).

ii. Sidewalk vendors are prohibited from vending in a park owned or operated by the city in a manner that impedes the public's use and enjoyment of natural resources and recreational opportunities, or that causes an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. Such restriction, if imposed, shall be set forth as a condition of approval of the sidewalk vendor permit and identify the restricted park(s).

iii. Sidewalk vendors shall not vend in the following locations within a park:

a. Within 50 feet of any field or court that is primarily designed for use in a sporting activity (including, but not limited to, baseball field, softball field, basketball court, tennis court, soccer field, volleyball court, and handball court), while said area is in use;

b. Within 50 feet of any playground, pool, or exercise area while said area is in use.

(5) Florida Avenue/Highway 74 and San Jacinto Street (North of Florida Avenue)/Highway 79. Sidewalk Vendors shall not conduct Sidewalk Vendor Activities on Florida Avenue (Highway 74) or San Jacinto Street north of Florida Avenue (Highway 79). Permitting any sidewalk vendor activity would result in an undue concentration of commercial activity at Florida Avenue/Highway 74 and San Jacinto Street (North of Florida Avenue)/Highway 79 that unreasonably interferes with traffic, existing business, and pedestrian ingress and egress.

(6) Within immediate vicinity of:

i. A certified farmers' market or certified swap meet during the hours of its operation; or

ii. An area designated for a special event permit for the limited duration of the permitted event;

(7) Within one block of:

i. Public or private school, a place of worship, or a child day-care facility between 8:00 a.m. to 5:00 p.m. on days in which school is open.

(8) Within 200 feet of:

i. A police station, fire station, or hospital.

(9) Within 100 feet of:

i. Any police officer, firefighter, lifeguard or emergency medical personnel who are actively performing their duties or providing services to the public;

ii. Another sidewalk vendor;

iii. The intersection of a cross-walk and a sidewalk;

iv. Any public picnic area, playground area or playground equipment;

v. Any public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court.

(10) Within 25 feet of:

i. A fire hydrant;

ii. A curb which has been designated as a white, yellow, blue, or red zone, or a bus zone;

iii. An automated teller machine;

iv. A transit shelter;

v. A bus stop; and/or

vi. A restroom or similar public use item.

(11) Within 15 feet of:

i. Any street corner or marked pedestrian crosswalk;

ii. The outer edge of any entrance to any business, including, but not limited to, doors, display windows, vestibules, and driveways during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises.

iii. The outer edge of any area permitted for sidewalk or outdoor dining including, but not limited to, sidewalk or outdoor dining entries and exits during the hours the business is open to the public; and

iv. Any driveway or alley approach.

(12) Within five feet of:

i. Any area improved with lawn, flowers, shrubs or trees; and

ii. Any traffic signal controller, traffic signal pole, power pole, street light pole, general utility pole, above ground cabinet, general utility facility, manhole, parking meter, regulatory and directional signs, street furniture, or street art sculptures.

The city manager or the city manager's designee may adopt administrative regulations imposing additional requirements consistent with this article and all other applicable laws in order to regulate the time, place, and manner of vending.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

Any sidewalk vendor permit may be revoked by the city manager, or the city manager's designee for good cause shown including but not necessarily limited to any of the following reasons:

(a) Citation for vendor's third or subsequent violation of the requirements set forth in this article.

(b) Falsification of any information supplied by the sidewalk vendor upon which issuance of the sidewalk vendor permit was based.

(c) Failure of the sidewalk vendor, or any employees or subcontractors of the operator or vendor, to comply with the regulations set forth in this article.

(d) Conviction of a violation, or plea of guilty or nolo contendere, by the sidewalk vendor, or any employee, subcontractor or independent contractor of the permittee, of any federal or state law, or municipal ordinance while in the course of conducting sidewalk vendor activity pursuant to the city sidewalk vendor permit.

(e) Conviction of a violation, or a plea of guilty or nolo contendere, by the sidewalk vendor of any applicable provision or requirement of this article.

(f) Conviction of, or a plea of guilty or nolo contendere, by the sidewalk vendor of any misdemeanor, or conspiracy to commit, or attempt to commit, the same, which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law.

(g) Transferring a sidewalk vendor permit, or producing, transferring, or possession an unauthorized duplicate of a sidewalk vendor permit.

(h) No sidewalk vendor whose sidewalk vendor permit is revoked shall be eligible to apply for a new sidewalk vendor permit for a period of one year following such revocation.

(i) In the event of a sidewalk vendor who owns more than one cart, the revocation shall apply to the sidewalk vendor permit for each truck or cart.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

Any sidewalk vendor applicant or permittee who is aggrieved by any decision of the city manager regarding the issuance, conditioning, denial, suspension or revocation of a sidewalk vendor permit may contest the decision in accordance with the procedures set forth in article II of chapter 1 of this Code.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

Except as described below, violations of this article shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citation and revocation structure:

(a) Except as otherwise provided in this article, any violation of this article shall be assessed administrative fines in the following amounts:

(1) An administrative fine not exceeding $100.00 for a first violation.

(2) An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.

(3) An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.

(b) If a sidewalk vendor violates any portion of this article and cannot present the citing officer with a proof of a valid city sidewalk vendor permit, the sidewalk vendor shall be assessed administrative fines in the following amounts in lieu of the administrative fines set forth in paragraph (a):

(1) An administrative fine not exceeding $250.00 for a first violation.

(2) An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.

(3) An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.

(c) Upon proof of a valid city sidewalk vendor permit issued by the local authority, the administrative fines set forth in paragraph (b) shall be reduced to the administrative fines set forth in paragraph (a), respectively.

(d) The city manager, or the city manager's designee may rescind a sidewalk vendor's sidewalk vendor permit for the term of that sidewalk vendor permit upon the fourth violation or subsequent violations.

(e) Each and every violation of section 18-479 shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized below:

(1) Civil enforcement.

i. Each and every violation of the provisions of section 18-479 is hereby deemed unlawful and a public nuisance.

ii. As a nuisance per se, any violation of section 18-479 shall be subject to injunctive relief, and any permit issued pursuant to this article deemed null and void.

iii. Any monies unlawfully obtained as a result of violation of section 18-479 shall be disgorged and paid to the city.

(2) Administrative citations and civil penalties.

i. Any person causing, permitting, aiding, abetting, suffering or concealing a violation of section 18-479 shall be subject to administrative citation and to a fine subject to the provisions of article II of chapter 1 of this Code.

ii. Any person causing, permitting, aiding, abetting, suffering or concealing a violation of section 18-479 shall be subject to administrative civil penalty not to exceed $1,000.00.

iii. The city attorney may, in his or her sound discretion, utilize all processes or remedies legally available to collect amounts owing hereunder.

(3) Criminal enforcement.

i. Any person causing, permitting, aiding, abetting, suffering or concealing a violation of section 18-479 shall be guilty of a misdemeanor, and may, in the discretion of the city attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.

ii. The city attorney, in his or her sound discretion, may prosecute a violation of section 18-479 as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this provisions of section 18-479 shall be punished by a fine not exceeding $100.00 for the first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for a third violation within one year. A fourth violation of section 18-479 within one year shall be charged as a misdemeanor and may not be reduced to an infraction.

iii. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(4) Seizure and disposal.

i. The police chief and their authorized designees shall have the authority to seize, take, and dispose of any food from any person operating in violation of section 18-479. The police chief and their authorized designees may charge any person whose food is seized a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized food.

ii. The police chief and their authorized designees shall have the authority to seize, take, and dispose of any equipment, as such term is defined at California Health and Safety Code § 113777, from any person operating in violation of section 18-479. The police chief and their authorized designees may charge any person whose equipment is seized a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized equipment. Such equipment shall be redeemable by the true owner only, within a period not exceeding 60 days, upon the payment of costs of seizure, if any, to the city. If the true owner cannot be found after reasonable inquiry, or if the owner fails to redeem such equipment, then the equipment may be confiscated and sold by the police chief and their authorized designees at the end of 60 days, after notice by registered mail to the last known address, if any, of the owner. The proceeds of the sale shall be credited to the general fund of the city.

(5) The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law. The penalties herein are in addition to any other remedies provided by law and the payment of any penalty herein shall not relieve a person of the obligation to correct the violation.

(6) Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Riverside County Department of Environmental Health Regulations with regard to the sale, use, possession, handling or manufacturing of food.

(7) The prevailing party in any judicial action, administrative proceeding, or special proceeding to enforce section 18-479 may recover its reasonable attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. A "judicial action" includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An "administrative proceeding" includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the city, or cost recovery hearing. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

(a) When assessing an administrative fine under this article, the city will take into consideration a sidewalk vendor's ability to pay the fine.

(1) Any fine issued under this section will be accompanied by a notice of and instruction regarding a person's right to request an ability-to-pay determination.

(2) An operator or vendor may request 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 collection program.

(b) If an operator or vendor is receiving public benefits under Government Code § 68632(a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the operator or vendor's administrative fine is limited to 20 percent of the amount assessed. The city may also take the following actions:

(1) Allow the operator or vendor to complete community service in lieu of paying all or part of the administrative fine; or

(2) Waive the administrative fine; or

(3) Offer an alternative disposition.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

The city council finds and declares that sidewalk vendor activity conducted in violation of the provisions of this article constitutes a public nuisance subject to abatement.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)

If any section, subsection, paragraph, sentence, clause or phrase of this article is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this article. The city council declares that it would have adopted this article, and each section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, clauses or portions be declared invalid or unconstitutional.

(Ord. No. 1976, § 1(Exh. A), 5-11-21)