Indio Municipal Code Ch. 114 Sidewalk Vendors and Vending Vehicles

[Ord. 1767, 12-15-2021]

For purposes of this Chapter, the following words or phrases shall have the following meanings:

CERTIFIED FARMERS' MARKET

A location operated in accordance with Chapter 10.5 of Division 17 of the Cal. Food and Agricultural Code and any regulations adopted pursuant to that chapter.

DIRECTOR

The City Manager or his or her designee.

ENFORCEMENT OFFICIAL

The City Manager, the Chief of Police, or either of their designees who is charged with enforcing the Indio Code of Ordinances.

FOOD or FOOD PRODUCTS

Any item described by Cal. Health and Safety Code § 113781.

GOODS or MERCHANDISE

Any item that is not food or a food product and can be sold and immediately obtained from a sidewalk vendor. Items for rent, subscription plans, and other services shall not be considered goods or merchandise.

HEARING OFFICER

A person selected by the City Manager to conduct an administrative hearing that has no bias or pecuniary interest in the matter to be heard.

PERSON

One or more natural persons, 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.

ROAMING SIDEWALK VENDOR

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

SIDEWALK VENDOR

Any person who vends from a vending cart or from one's person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians.

STATIONARY SIDEWALK VENDOR

A sidewalk vendor who vends from a fixed location.

SWAP MEET

A location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Cal. Bus. & Prof. Code, and any regulations adopted pursuant to that article.

TEMPORARY SPECIAL PERMIT

Any permit issued by the City for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary use permit, for purposes including, but not limited to, filming, parades, festivals, or outdoor concerts.

VEND or VENDING

To sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.

VENDING CART

Any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending, that is not a vehicle as defined in the Cal. Vehicle Code.

VENDING VEHICLE

Any self-propelled, motorized device or vehicle that is used for vending and by which any person or property may be propelled or moved upon a highway, excepting a vending cart or other device moved exclusively by human power.

VENDING VEHICLE OPERATOR

Any person that operates or assists in the operation of a vending vehicle.

VENDOR

A person who vends from a vending cart, from one's person, or from a vending vehicle, including an employee or agent of another.

[Ord. 1767, 12-15-2021]

All sidewalk vendors and vending vehicle operators desiring to vend in the City shall obtain and maintain a valid business license issued by the City in accordance with Chapter 110 of this Code.

[Ord. 1767, 12-15-2021]

In addition to procuring a business license, as set forth in § 114.12, all sidewalk vendors and vending vehicle operators desiring to vend in the City on public or private property shall first obtain a vending permit. Except as otherwise provided in this chapter, vending from a vending cart, from one's person, or from a vending vehicle on any public street, alley, parkway, sidewalk, or other public property or private property in the City is prohibited.

[Ord. 1767, 12-15-2021]

To apply for a vending permit, a person must file an application with the Director, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following:

(A) The legal name and current address and telephone number of the applicant;

(B) If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;

(C) A description of the food or merchandise offered for sale;

(D) A photograph of the vending vehicle or vending cart. If the applicant intends to use a vending vehicle, a description of the type of vehicle to be used, the vehicle's registration and license number, and the applicant's California driver's license numbers);

(E) Whether the applicant intends to operate as a stationary sidewalk vendor, a roaming sidewalk vendor, or a vending vehicle operator;

(F) A description of the streets, rights-of-way, or other locations in which the applicant intends to vend;

(G) A California seller's permit number pursuant to Cal. Revenue and Taxation Code § 6067;

(H) If a vendor of food or food products, certification to completion of a food handler course and proof of all required approvals from the Riverside County Department of Environmental Health;

(I) Proof of liability insurance in the amount and subject to the terms on file with the City's Risk Manager. The City's Risk Manager shall promulgate provisions regarding insurance requirements for sidewalk vendors and vending vehicles and shall be in an amount which is determined to be sufficient to adequately protect the City, persons, and property for injuries or damages which may be caused by activity under this Chapter;

(J) Certification by the applicant that the information contained in the application is true to his or her knowledge and belief;

(K) Any other reasonable information regarding the time, place, and manner of the proposed vending.

[Ord. 1767, 12-15-2021]

The Director, or his or her designee, shall approve the issuance of a vending permit unless he or she determines that:

(A) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

(B) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;

(C) The applicant has failed to demonstrate an ability to conform to the operating standards set forth in this Chapter; or

(D) The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this Chapter.

If the vending permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.

[Ord. 1767, 12-15-2021]

A vending permit shall be valid for 12 months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. A person may apply for a permit renewal on a form provided by the City prior to the expiration of his or her active vending permit.

[Ord. 1767, 12-15-2021]

No vending permit granted pursuant to this chapter shall be transferable.

[Ord. 1767, 12-15-2021]

Sidewalk vendors shall comply with the following standards and conditions:

(A) Sidewalk vendors shall maintain at all times while vending a valid vending permit, a valid business license in accordance with Chapter 110 of this Code, and any other permit(s) or license(s) required by the City or other governmental agencies. A current, valid business license sticker shall be affixed in plain view to the vending cart. Vendors of food or food products shall in addition affix in plain view to the vending cart a current, valid Riverside County health inspection sticker.

(B) No sidewalk vendor shall vend in the following locations:

(1) Within ten feet of any street intersection;

(2) Within ten feet of any driveway or driveway apron;

(3) Upon or within any roadway, median strip, or dividing section;

(4) Within 200 feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special permit;

(5) Within 300 feet of the nearest property line of any property on which a school building is located, between the hours of 7:00 a.m. and 5:00 p.m., each day that school is in session. This prohibition will not apply if the school principal gives the pushcart vendor written permission to enter or park on school property. The sidewalk vendor shall provide a copy of that authorization to the City within five days of its receipt, and possess a copy while vending to provide upon request to any Enforcement Official;

(6) Within the Major Music Overlay Zone, as defined in the Unified Development Code, for the duration of any Major Music Festival Event, including the time periods in which the streets and sidewalks are closed prior to and after the event;

(C) No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than four feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices.

(D) No sidewalk vendor shall block or impede access to bicycle racks, parking meters, required accessibility routes and curb cuts, trash enclosure areas or trash bins, fire hydrants, fire call boxes, or other emergency facilities.

(E) No sidewalk vendor shall vend within 50 feet of another sidewalk vendor or a vending vehicle.

(F) No sidewalk vendor shall distribute any item from the vending cart in a manner that causes any person to stand in the street.

(G) Sidewalk vendors shall not offer, provide, rent, or sell a service that is neither defined as merchandise or food.

(H) Vending is permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows:

(I) In residential areas, vending shall be permitted between the hours of 8:00 a.m. and 7:00 p.m.

(J) In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

(K) In City parks, vending shall be permitted only during the open hours of the park.

(L) Stationary sidewalk vendors shall obtain an encroachment permit pursuant to Chapter 97, and must operate exclusively from the location and for the time periods designated by the encroachment permit.

(M) Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.

(N) Stationary sidewalk vendors shall not vend at any park where the City or the park operator has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

(O) Sidewalk vendors shall maintain a clearly designated trash receptacle in the immediate vicinity of the vending cart, marked with a sign requesting use by patrons. Prior to leaving any vending location, the vendor shall pick up, remove, and dispose of all trash generated by the vending operations within a 25 foot radius of the vending location.

(P) Sidewalk vendors shall maintain and possess at all times while vending proof of liability insurance in the amount required by the City.

(Q) Sidewalk vendors of food or food products shall possess and display in plain view on the vending cart a valid health permit from Riverside County Department of Environmental Health.

(R) Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

(S) No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property.

[Ord. 1767, 12-15-2021]

Vending vehicle operators shall comply with the following standards and conditions:

(A) Vending vehicle operators shall obtain and maintain at all times while vending a valid vending permit, a valid business license in accordance with Chapter 110 of this Code, and any other permit(s) or license(s) required by the City or other governmental agencies. A current, valid business license sticker shall be affixed to the back of the vending vehicle. Vendors of food or food products shall in addition affix to the lower left hand side of the windshield a current, valid Riverside County health inspection sticker.

(B) In addition to any other equipment required by law, each vending vehicle shall be equipped with the following:

(1) A convex mirror mounted so that the driver can see the area in front of the truck that is obscured by the truck's hood; and

(2) A back-up alarm audible for a distance of at least 100 feet.

(C) Lettering showing the vending vehicle operator or owner's name, business address, and telephone number shall be permanently affixed to both sides of the vending vehicle in a conspicuous place. The lettering shall at all times be visible, shall not be less than four inches in height, and shall be in contrast to the color of the background upon which it is placed.

(D) No vending vehicle operator shall vend in the following locations:

(1) Within 100 feet of any street intersection controlled by a crosswalk, traffic light, or stop sign;

(2) Within ten feet of any driveway or driveway apron;

(3) Within any publicly-owned or operated parking lot, unless the vending vehicle operator has written permission of the owner and complies with the provisions of § 114.18;

(4) On any street, alley, or highway with a posted speed limit greater than 35 miles per hour;

(5) Within 200 feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special permit;

(6) Within 300 feet of the nearest property line of any property on which a school building is located, between the hours of 7:00 a.m. and 5:00 p.m., each day that school is in session. This prohibition will not apply if the school principal gives the vending vehicle operator written permission to enter or park on school property. The vending vehicle operator shall provide a copy of that authorization to the City within five days of its receipt, and possess a copy while vending to provide upon request to any Enforcement Official;

(7) Within the Major Music Overlay Zone for the duration of any Major Music Festival Event, as defined in the Unified Development Code, including the time-periods in which the streets and sidewalks are closed prior to and after the event.

(E) The vending vehicle shall not obstruct pedestrian or vehicular traffic.

(F) No vending vehicle operator shall vend within 50 feet of another vending vehicle or a sidewalk vendor.

(G) Vending is prohibited on the exposed street or traffic side of the vending vehicle. No food, food products, goods, or merchandise shall be distributed from the vending vehicle in a manner so as to cause any customer or potential customer to stand in that portion of the street that is open to other vehicles.

(H) No part of a vending vehicle or any other equipment or furniture related to the operation of the vending vehicle shall encroach onto a public sidewalk.

(I) Vending is permitted between the hours of 8:00 a.m. and 11:00 p.m., daily, except that in residential areas vending shall only be permitted between the hours of 8:00 a.m. and 7:00 p.m.

(J) Vending vehicle operators shall maintain a clearly designated trash receptacle in the immediate vicinity of the vending vehicle, marked with a sign requesting use by patrons. Prior to leaving any vending location, the vendor shall pick up, remove, and dispose of all trash generated by the vending operations within a 25 foot radius of the vending location.

(K) Vending vehicle operators shall maintain and possess at all times while vending proof of liability insurance in the amount required by the City.

(L) Vending vehicle operators shall comply with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; the Americans with Disabilities Act of 1990 and other disability access standards; and traffic, parking, and Cal. Vehicle Code provisions.

(M) No vending vehicle shall become a permanent fixture on the vending site or be considered an improvement to real property.

[Ord. 1767, 12-15-2021]

In addition to compliance with the operating requirements set forth in §§ 114.16 and 114.17, any vendor operating or conducting business from a vending cart or vending vehicle on private property shall comply with the following:

(A) The vendor shall comply with all applicable zoning regulations and land use entitlements for the private property.

(B) Unless vending is otherwise authorized by the applicable zoning regulations and/or land use entitlements for the private property or as otherwise provided for herein, the vendor shall obtain from the Community Development Director an administrative permit prior to engaging any vending activity. Any request for such a permit shall require the written consent of the property owner, which shall be provided to the Community Development Director. In determining whether to grant the administrative permit, the Community Development Director shall make the following findings: (i) the vending is allowed within the applicable underlying zone or is consistent with the uses permitted in such zone; (ii) the vending will not be detrimental to the public health, safety and welfare or adversely affect property values or the present or future development of the surrounding area; and (iii) the property is physically suitable for the activity. The Community Development Director shall review and approve the administrative permit application within ten days of receipt. If the administrative permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.

(C) No administrative permit, however, is required under this Section for the following vending vehicle activities:

(1) Vending vehicles that serve active construction sites as long as the vending vehicle does not vend to the general public during their stop and the stop at the site is no longer than one hour.

(2) Vending vehicles on private property operating solely for private catering purposes as long as the vehicle is situated entirely on private property, service is limited to the guests of the catered event only and no payment transactions occur for individual orders taken by the vending vehicle operator.

(3) The vending vehicle is on private property for no more than one hour as long as: (a) vending is authorized by the applicable zoning and/or land use entitlement; and (b) the vendor has the written consent from the property owner and said consent shall be provided to the City upon request.

[Ord. 1767, 12-15-2021]

(A) Sidewalk vendors. The Director may rescind a vending permit issued to a sidewalk vendor for a fourth violation or any subsequent violation of this Chapter.

(B) Vending vehicle operators. The Director may rescind a vending permit issued to a vending vehicle operator for a first violation or any subsequent violation of this Chapter.

(C) Should a vending permit be rescinded, the sidewalk vendor or vending vehicle operator shall be required to cease operation immediately. A sidewalk vendor or vending vehicle operator whose permit is rescinded may apply for a new vending permit upon the expiration of the term of the rescinded permit.

[Ord. 1767, 12-15-2021]

(A) Except as provided in Subsection (B) below, any violation of this Chapter is punishable by an administrative citation in following amounts:

(1) One hundred dollars for a first violation.

(2) Two hundred dollars for a second violation within one year of the first violation.

(3) Five hundred dollars for each additional violation within one year of the first violation.

(B) Vending without a valid City-issued vending permit is punishable by an administrative citation in the following amounts:

(1) Two hundred fifty dollars for a first violation.

(2) Five hundred dollars for a second violation within one year of the first violation.

(3) One thousand dollars for each additional violation within one year of the first violation.

(4) Upon proof of a valid vending permit, the administrative citations set forth in this paragraph shall be reduced to amounts set forth in Subsection (A).

(C) A violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

(D) Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

(E) When assessing administrative citations pursuant to this chapter, the hearing officer shall take into consideration the person's ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person 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 comprehensive collection program.

(F) If the person meets the criteria described in Cal. Gov’t Code § 68632(a) or (b), the City shall accept, in full satisfaction, 20% of an administrative citation imposed pursuant to this chapter.

(G) The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.

[Ord. 1767, 12-15-2021]

(A) Any person aggrieved by the decision of the Director to issue, deny issuance, or rescind a vending permit may file an appeal with the City Clerk within 14 calendar days from the date of the decision. The permit, if one has been issued, shall remain in effect while the appeal is being heard by the Hearing Officer. The Hearing Officer shall make his or her decision on the basis of the preponderance of the credible evidence presented at the appeal hearing and shall render a decision within ten business days of the hearing to either affirm, reverse, or modify the action of the Director. The decision shall be in writing, and shall set forth the findings and reasons for the decision. The Hearing Officer's decision after such hearing shall be final and conclusive.

(B) Except as otherwise specified herein, appeals of administrative citations shall be conducted in accordance with the procedures and requirements Chapter 12 of this Code.