Lancaster Municipal Code Art. V Sidewalk Vendors

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, lifeguard, 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 Los Angeles 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 city parks and in residential areas. Sidewalk vendors can also impact access to and egress from businesses. This chapter 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 city's parks 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. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

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 chapter. Words and phrases not defined by this chapter 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 part, or elsewhere in this code, the most common dictionary definition is presumed to be correct. For purposes of this chapter, 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 Lancaster 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 Lancaster.

"City council" means the city council of the City of Lancaster.

"Employ" means retain, hire or engage.

"Fire station" means any facility where fire engines and other equipment of the Los Angeles County Department are housed within the city.

"Food" means any item provided in Health and Safety Code Section 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 owned or operated by the city.

"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 Lancaster 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:

A. "Roaming sidewalk vendor," which means a sidewalk vendor who moves from place to place and stops only to complete a transaction; or

B. "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 Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, 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. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

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 business license. It is unlawful for any person to operate a cart in the city without having a current and valid business license obtained from the city. A copy of the business license 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 business license 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 business license 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 business license;

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 chapter;

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. 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;

14. An acknowledgement that the sidewalk vendor will indemnify the city from and against any and all third party claims, losses, obligations, or liabilities arising out of vendor's actions or inaction related to operation of the sidewalk vending business;

15. 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;

16. An acknowledgment that the sidewalk vendor will comply with all other applicable local, state, and federal laws;

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

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

19. Any other relevant information required by the city manager, or the city manager's designee.

D. Such application shall be accompanied by the nonrefundable business license application fee as established by resolution of the city council.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

A. Within sixty (60) calendar days of receiving a complete application, the city manager, or the city manager's designee may issue a business license 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/or completed any other alternative disposition associated in any way with a previous violation of this chapter;

6. The sidewalk vendor has not had a previous business license for sidewalk vendor activity revoked by the city more than once during the preceding 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 chapter;

9. The sidewalk vendor has paid the business license fee;

10. The sidewalk vendor's cart and proposed activities conform to the requirements of this chapter;

11. The sidewalk vendor has not been convicted of, or entered a plea of guilty or nolo contendere to any offense 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, within the last five years;

12. 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; this requirement may be waived by the city manager or his or her designee for good cause shown; and

13. The sidewalk vendor has not had an injunction issued against him/her for nuisance, as defined by state or local laws, within the last five years.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

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 Los Angeles 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. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

All business licenses for sidewalk vendors issued under this chapter shall expire one year from the date of issuance, unless earlier revoked in accordance with the provisions of this chapter. The procedures for license renewal as set forth in Article I of this chapter are applicable to licenses for sidewalk vendors.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

Business licenses for sidewalk vendors are non-transferable. Any change in ownership or operation of a cart requires a new business license as set forth in this article.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

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

A. A general business license issued pursuant to the requirements set forth in Article I 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 set forth in Article I 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 service is limited to the guests of the property owner or lawful lessee/tenant only.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

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

A. No stationary sidewalk vendor shall conduct sidewalk vendor activities anywhere in a residential zone in the city, with the exception of locations adjacent to commercial storefronts located within a residential zone. Roaming sidewalk vendors shall only conduct business in residential zones between sunrise and sunset, with the exception of private events on private property.

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. Notwithstanding the height limit set forth herein, a vendor may utilize an umbrella or other covering to have shade for his/her personal comfort and safety.

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 thirty-six (36) 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 three-foot (or such wider distance as may be necessary to comply with the requirements of the Americans with Disabilities Act) 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 without first assigning a person to safely supervise the cart while the vendor uses the restroom, or obtains food and/or water for a short duration of time (fewer than thirty (30) minutes).

J. If a sidewalk vendor uses propane or compressed natural gas, all of the following shall apply:

1. The gas tanks shall be enclosed;

2. No cart shall carry more than eighty (80) pounds of propane or natural gas at any time;

3. All propane and natural gas containers shall be properly labeled with prominent safety placards;

4. Placement of the propane or natural gas tank shall allow for adequate ventilation and screening of the tank;

5. Tanks shall be stored in an upright position and positioned in a way to prevent falling, tipping, and/or tampering; and

6. Tanks shall be disconnected when the cart is in transit or not in use.

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, with the exception of an umbrella or other covering that is solely for the purpose of providing shade for the vendor.

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 use and vent any gas, battery-powered or electrical generators in accordance with manufacturer's specifications.

R. Sidewalk vendors, including but not limited to all generators and/or other equipment, shall comply with the noise standards set forth in this code.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

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 privately-owned property without the written authorization of the property owner or lawful lessee/tenant;

2. Renting merchandise to customers;

3. Displaying merchandise or food that is not available for immediate sale;

4. 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;

5. Using an open flame on or within any cart;

6. Using an electrical outlet or power source that is owned by the city or another person other than the sidewalk vendor without the owner of such power source's written consent;

7. Providing or selling any service to any person;

8. 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;

9. Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale;

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

11. 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;

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

13. Advertising any product or service that is not related to the food or merchandise being offered for immediate sale;

14. Using any horns, music, lights, visual media, or sound amplifying device unless expressly approved in the license, provided, however, that a vendor may use a light solely for operational or personal safety purposes

15. Placing a cart outside of any pathway or sidewalk when engaging in sidewalk vending activities;

16. Physically altering or otherwise damaging the sidewalk;

17. 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;

18. Providing or selling any service to any person; or

19. 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:

a. Stationary sidewalk vendors shall not operate on sidewalks or pathways directly adjacent to or within residential areas.

2. Upon or within any roadway, median strip, area adjacent to a highway offramp, or in areas that separate opposing lanes of traffic on divided roadways.

3. Lancaster City Hall or the Lancaster Performing Arts Center, which require unimpeded pedestrian ingress and egress to ensure public safety. A map delineating the areas in which sidewalk vending is prohibited is appended hereto as Exhibit 5.04.490.

4. Vending in parks:

a. 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).

b. 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).

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

i. Within twenty (20) 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;

ii. Within twenty (20) feet of any playground, pool, or exercise area while said area is in use.

5. Jane Reynolds Park. Sidewalk vendors shall not conduct sidewalk vending activities at Jane Reynolds Park. Jane Reynolds Park provides for a high volume of pedestrians, bicyclists, and skaters to travel in each direction. Restrictions on sidewalk vending are necessary to protect the public from injury given the park's popularity as a tourist destination. Notwithstanding this prohibition, the city may designate specific areas within the park that may be offered to sidewalk vendors for vending activity. In the event the city does designate such areas, vendors shall only conduct operations within said designated areas.

6. Lancaster Boulevard. Sidewalk vendors shall not conduct sidewalk vendor activities on Lancaster Boulevard. Lancaster Boulevard is a heavily crowded area. permitting any sidewalk vendor activity would result in an undue concentration of commercial activity at Lancaster Boulevard that unreasonably interferes with traffic, existing business, and pedestrian ingress and egress.

7. Within immediate vicinity of:

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

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

8. Within one block of:

a. 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.

9. Within two hundred (200) feet of:

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

10. Within twenty (20) feet of:

a. Another sidewalk vendor;

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

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

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

11. Within twenty-five (25) feet of:

a. A fire hydrant;

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

c. An automated teller machine;

d. A transit shelter;

e. A bus stop; and/or

f. A restroom or similar public use item.

12. Within fifteen (15) feet of:

a. Any street corner or marked pedestrian crosswalk;

b. 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.

c. 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

d. Any driveway or alley approach.

13. Within five feet of:

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

b. 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 chapter and all other applicable laws in order to regulate the time, place, and manner of vending.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

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 fourth or subsequent violation of the requirements set forth in this chapter.

B. Falsification of any information supplied by the sidewalk vendor upon which issuance of the license 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 chapter.

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 business license.

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 section.

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

H. In the event of a sidewalk vendor who owns more than one cart, the revocation shall apply to the license for each truck or cart.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

A. Any sidewalk vendor applicant or permittee who is aggrieved by any decision of the city manager or his/her designee regarding the issuance, conditioning, denial, suspension or revocation of a business license may appeal the decision before an independent hearing officer in accordance with the procedures set forth in Article I of this chapter.

B. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to further contest the decision; in this event, the city manager's decision is final and binding.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

A. Violations of any of the provisions of this chapter shall not be prosecuted as infractions or misdemeanors but shall be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the fee schedule in Section 1.12.020 of Chapter 1.12 of this code.

B. The city manager, or the city manager's designee may rescind a sidewalk vendor's business license for the term of that license upon the fourth violation or subsequent violations.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

When assessing an administrative fine under this chapter, the city will take into consideration a sidewalk vendor's ability to pay the fine, in the manner set forth in Section 1.16.085 of Chapter 1.16 of this code.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1097, § 3(Exh. B), 1-10-2023; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

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

A. Any enforcement officer may abate a public nuisance by impounding vending equipment, carts, goods or any merchandise which constitutes an imminent hazard to public health or safety.

B. Food, equipment and utensils are subject to immediate impoundment in accordance with Section 114393 of the Calif. Health and Safety Code, if they are determined to be unsanitary or in such disrepair that food, equipment or utensils may become contaminated or adulterated.

C. A vendor whose license has been revoked or denied, or who has been found to be operating without a city business license on more than three days within any 12-month period, is subject to impoundment of vending equipment, carts, goods or merchandise, at any time after exhaustion of vendor's administrative remedies.

D. A vendor may request an administrative hearing to appeal the abatement of the public nuisance by impoundment, pursuant to Chapter 8.28 of this code, which hearing shall be before an independent hearing officer.

E. Upon any impoundment pursuant to this chapter, the enforcement officer shall issue to the vendor a written receipt describing with reasonable particularity the equipment, carts, goods or merchandise so impounded. In the event the vendor is not present at the time of the impoundment, the city shall conduct a reasonable investigation to determine the owner of the impounded items and mail the written receipt to the owner's address, if known.

F. The city shall store impounded equipment, carts, goods or merchandise for a period of ninety (90) days. If the property is not claimed within that period, the city may sell or otherwise dispose of the property.

G. A person claiming ownership of impounded vending equipment, carts, goods or merchandise may reclaim such materials within ninety (90) days of impoundment, upon payment of the city's abatement costs related to impounding nuisance equipment, and proper proof of ownership.

H. A vendor whose license has been revoked or denied, or who has been found to be operating without a city business license within thirty (30) days of reclaiming impounded vending equipment, carts, goods or merchandise shall be subject to immediate re-impoundment of such materials.

(Ord. No. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter 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 chapter. The city council declares that it would have adopted this chapter, 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. 1080, § 1(Exh. A), 3-9-2021; Ord. No. 1108, § 1(Exh. A), 11-14-2023)

As an alternative to paying the amount of the administrative citation, a sidewalk vendor may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this code.

(Ord. No. 1097, § 3(Exh. B), 1-10-2023; Ord. No. 1108, § 1(Exh. A), 11-14-2023)