Laguna Niguel Municipal Code Art. 3 Business Regulations

Sidewalk vendors shall comply with the following:

(1) The sidewalk vendor shall be duly licensed and meet all requirements of division 7, article 2 of this title.

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

a. On a sidewalk or pathway immediately adjacent to a portion of a street or highway that is designated by signs or red curb markings as a "no stopping" or "no parking" zone;

b. On any sidewalk with a gradient in excess of ten percent;

c. Within 500 feet of a freeway onramp or off-ramp as prohibited by California Vehicle Code Section 22520.2;

d. Upon or within any roadway, median strip within a roadway, or dividing section of a roadway;

e. Within 500 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 use permit;

f. Within 200 feet of City Hall, any police station, or any fire station; The distance shall be measured from the property line of the lot or parcel on which City Hall, or the police station or fire station is located.

g. Within 48 inches of another vendor;

h. Within 500 feet of private or public academic school attended by elementary, junior high, or high school pupils. The distance shall be measured from the property line of the lot or parcel; and,

i. Within 25 feet of a:

1. Street intersection;

2. Automated teller machine;

3. Fire hydrant, fire call box, fire escape or other emergency facility;

4. Bus stop, loading zone, handicapped parking space or access ramp;

5. Driveway, alley, driveway apron, or crosswalk;

6. Public art objects, items and display; and

7. Storm-drain catch basin.

j. Within 15 feet of streetlight, parking meters, above ground utility structures, or subsurface utility box, valve, or vault.

k. Within five feet of a parking meter.

(3) Sidewalk vendors and all aspects of their operations, including but not limited to, any vending cart, any associated equipment, and any space occupied by the vendor of their employees, shall not occupy a space exceeding horizontal dimensions of a square measuring six feet by six feet. No vending cart, or associated equipment shall exceed a height of four feet.

(4) 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 minimum clear width of not less than 48 inches of accessible route area for pedestrians when considering the vendor equipment and anticipated customer queue, or such other minimum clear width for pedestrian travel as required by in compliance with the Americans with Disabilities Act or other provision of federal or state law with regard to disability access.

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

a. In residential zones, sidewalk vending shall be permitted between the hours of 8:00 a.m. and 8:00 p.m.

b. 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.

c. In parks, sidewalk vendors shall cease operations one hour prior to the close of the park, or by 10:00 p.m., whichever is earlier.

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

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

(8) Sidewalk vendors shall provide a trash receptacle for customers and ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor's customers.

(9) These shall be no disposal of cooking materials or waste, including but not limited to used oil, into the city's trash receptacles, storm drains, plant material, or foliage. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls onto public property.

(11) The sidewalk vendor shall not attach to or use any water lines, electrical lines, or gas lines during vending operations.

(12) Storage or display of equipment, materials, goods, wares, food, or merchandise associated with the vendor, outside the vending cart, is prohibited. All food and merchandise shall be located stored either inside or affixed to the vending cart or carried by the sidewalk vendor. The sidewalk vendor shall not store or keep any food or merchandise on public property.

(13) Except for table, chair and shade structure for a stationary vendor, no other tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities;

(14) Signage associated with the sidewalk vender must be located on the vending cart, and the vendor shall not display any signage on public property.

(15) All signage and advertising related to the sidewalk vendor and or vending operations shall not be electrical, flashing, wind powered, or animated.

(16) The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending vehicle.

(17) The sidewalk vendor location shall not block entrances to private or public buildings, private or public driveways, parking spaces or building windows.

(18) The sidewalk vendor shall not engage in aggressive sales, which shall include touching a person being offered food or merchandise without that person's consent, continuing to offer food or merchandise for sale to a person after he or she has declined to purchase food or merchandise, or deliberately blocking or impeding the path of the person(s) being offered food or merchandise.

(19) Sidewalk vendors shall not vend to or otherwise conduct transactions with persons in moving vehicles or illegally parked or stopped vehicles.

(20) Sidewalk vendors shall possess at all times while vending a valid permit issued pursuant to this division, as well as any other permit or license required by the city and any other appropriate governmental agency. The sidewalk vendor shall publicly display any and all required business and health licenses, including but not limited to a valid permit from the Orange County Department of Public Health.

(21) The sidewalk vendor shall remit all required and applicable taxes to the applicable taxing agencies.

(22) The sidewalk vendor shall not leave his or her sidewalk vending operation unattended.

(23) No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way beyond the allowed hours of operation. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city.

(24) The sidewalk vendor shall not use propane, natural gas, or other explosive or hazardous materials. The vendor shall not use an open flame for the sidewalk vending operation.

(25) The sidewalk vendor shall not sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana, or any products not permitted to be sold in the zone in which the sidewalk vendor is located.

(26) No vending shall occur in roadways, medians, pedestrian islands, or bikeways.

(27) No vending shall occur immediately adjacent to existing above-ground amenities such as newsstands or street furniture including but not limited to benches and bike racks.

(28) 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).

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

(30) The sidewalk vendor shall keep and maintain the vending area in a clean and sanitary condition.

(Ord. No. 2020-206, § 6, 7-21-20; Ord. No. 2020-207, § 5, 8-4-20)

(a) A violation of this division by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to title 1, division 3, in amounts not to exceed the following:

(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) A person engaged in sidewalk vending without a valid city sidewalk vending permit is punishable by an administrative citation pursuant to title 1, division 3, article 2, Administrative Citations, in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A:

(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 sidewalk vending permit issued by the city, the administrative citations set forth in this paragraph shall be reduced to amounts set forth in paragraph 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 section, 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 subdivision (a) or (b) of Government Code Section 68632, the city shall accept, in full satisfaction, 20 percent 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. No. 2020-206, § 6, 7-21-20; Ord. No. 2020-207, § 5, 8-4-20)