Lomita Municipal Code Ch. 10 Vending on Public Property

The purpose of this chapter, which shall be known as the "sidewalk vendor ordinance," is to protect against unsafe conditions and health, safety or welfare that result from the operation of sidewalk vendors on public sidewalks. It is the intent of the city, in enacting this chapter, to provide those persons who operate as sidewalk vendors with clear, objective, and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the safety, and welfare of the community, and to promote vendor accountability. In accordance with Senate Bill No. 946 ("SB 946") (Chapter 459, Statutes 2018), the city council makes the following findings in support of this chapter:

(1) Unless properly regulated, sidewalk vending poses a unique risk to the public welfare including, but not limited to, impacts on pedestrian traffic and safety and risks to the public health from potentially unsanitary food preparation.

(2) Sidewalk vendors' ability to readily move throughout the community and to be located in or near parks, schools, and other places frequented by children warrants imposing reasonable regulatory measures directly related to objective health, safety, and welfare concerns, and the permit requirements of this chapter.

(3) The permit requirements enacted by this chapter are necessary for collecting adequate information about vendors and vending operations within city limits to facilitate contact between the city and its sidewalk vendors and to ensure that vending does not adversely affect the public welfare.

(4) Compliance with generally applicable laws, including the Americans with Disabilities Act of 1990, requires the city to restrict vending in specified locations to the extent necessary to ensure safe and unobstructed access along public sidewalks.

(5) Standards for maintaining access to building entrances, driveways, parking areas, and fire hydrants are necessary to promote driver and pedestrian safety, and to promote effective fire protection and law enforcement.

(6) Sidewalks near school grounds pose increased concerns for traffic and child safety given the concentration of minors in these densely developed areas and the increased traffic from parental pick-ups and drop-offs. Unless restricted, commercial vending at such locations when school or youth programs are in session would result in overcrowded sidewalks and compromised public safety as minors walk into the street to avoid pedestrian traffic.

(7) The density of existing commercial retailers and pedestrian traffic in certain public locations, relative to the capacity of public resources therein, warrants identifying such locations as overcrowded. Compliance with the requirements of state and federal disability access standards and the requirements of the public welfare for adequate emergency access and pedestrian mobility in public spaces requires the city to prohibit sidewalk vending in overcrowded locations.

(8) Vending in a manner that creates a public nuisance, including vending within residential zones in violation of reasonable limits on hours of operation or at street corners where a crowd or vendor equipment would create visual obstructions to turning drivers, constitutes an objective harm to the public welfare.

(9) Persons, who maintain encroachments in the public right-of-way, including sidewalks, have a responsibility to contribute to the administrative and liability costs caused by such encroachments that would otherwise be borne by the community.

(10) Fraud or misrepresentation in the course of sidewalk vending constitutes an objective harm to the health, safety, and welfare of the city's residents.

(11) Fraud or misrepresentation in the application for a sidewalk vending permit constitutes an objective harm to the health, safety, and welfare of the city's residents.

(12) Certain restrictions on vending operations and locations are necessary to reduce the city's legal exposure to liability for personal injury or claims for damage and litigation due to the use of public property by vendors, the costs of which would be borne by city taxpayers.

(13) Restrictions on what merchandise can be sold are necessary to prevent the proliferation of illegal sales of heavily-regulated goods such as cannabis, tobacco, alcohol, and adult-oriented material in furtherance of the public health, safety, and welfare.

(Ord. No. 829, § 3, 2-1-22)

No person shall engage in, conduct or carry on the business of vending except in compliance with a valid sidewalk vendor permit, and in compliance with this chapter. A written application for a sidewalk vendor permit shall be filed with the director, or his or her designee on a form provided by the city. Such application shall be accompanied by a non-refundable application fee in such amount as established by resolution of the city council. Any such permit shall be required to be renewed annually in conjunction with a business license and a separate nonrefundable application fee that is to be paid yearly upon submittal of a renewal application.

(Ord. No. 829, § 3, 2-1-22)

Unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

Captive audience means one or more purposefully stationary persons, such as persons in lines, on public transportation, or seated in public areas.

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

Director means the administrative services director of the City of Lomita or his or her designee.

Commercial vehicle means a vehicle maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. Passenger vehicles which are not used for the transportation of persons for hire, compensation or profit are not commercial vehicles.

Driver means and includes every person who drives or is in actual charge and control of any vehicle, or commercial vehicle from which street vending takes place.

Goods or merchandise includes items and products of every kind and description, including all food, produce and beverage items, and manufactured goods and merchandise.

Nonmotorized conveyance means any device moved exclusively by human power, including, but not limited to, any pushcart, stand, display, showcase, rack, pedal-driven cart, wagon, bicycle, tricycle or other wheeled container or conveyance.

Nonprofit organization means a nonprofit corporation that has obtained recognized state or federal tax-exempt status.

Park means each and every park recreation center owned, managed, and/or controlled by the city.

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 right-of-way and real property owned or controlled by the city, including parks and open space.

Sidewalk means that portion of a right-of-way, other than a 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 means a person who sells food, goods, or merchandise from a pushcart, stationary cart or other nonmotorized equipment, or other temporary setup, or from one's person, upon a sidewalk or other pedestrian path, and park grounds, or other public property.

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

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

Vending shall mean selling food, good, or merchandise from either a stationary or roaming pushcart, stand, table, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance, or other temporary set-up, or from one's person, upon a sidewalk or other pedestrian path, and park grounds, or other public property.

(Ord. No. 829, § 3, 2-1-22)

(A) It shall be unlawful for any person to operate as a sidewalk vendor or engage in sidewalk vending activities in the city without first obtaining a sidewalk vending permit pursuant to section 6-10.050 of this chapter.

(B) All sidewalk vendors must display a city-issued sidewalk vending permit and other applicable health and safety permits on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way.

(C) Any person engaging in sidewalk vending who is a minor under the age of eighteen (18) years and whose gross receipts do not exceed one thousand dollars ($1,000.00) per calendar year shall be exempt from the requirement to obtain a permit.

(Ord. No. 829, § 3, 2-1-22)

(A) All persons required to obtain a permit pursuant to section 6-10.040 of this chapter shall register with the director by completing a sworn registration form in writing, which shall set forth the following information:

(1) The name and description of the permittee;

(2) The current mailing address of the permittee;

(3) Individual identification information for the permittee. Acceptable identification includes, but is not limited to, a driver's license number, California identification card number, an individual taxpayer identification number, a municipal identification number, or similar identification. This information shall be kept confidential and will not be made available for public inspection.

(4) A description of the merchandise offered for sale or exchange;

(B) All permits issued under this chapter shall expire one year from date of issuance.

(C) Review by director.

(1) An application that is not complete shall be returned to the applicant along with a list of the deficiencies within fifteen (15) business days of receipt of the application. The application shall be deemed abandoned if, within thirty (30) calendar days from the mailing of such notice from the city, the corrected application is not received by the city with the deficiencies corrected. As a courtesy to the applicant, upon request of the applicant, the director shall grant the applicant an extension of time of ten (10) business days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time. Unless the applicant requests an extension of time pursuant to this subsection, nothing in this paragraph shall be construed to relieve the director of the duty to make a decision within the time limits set forth in subsection (C)(2), below.

(2) Once a completed application is filed, and the applicant pays the prescribed fee, the director shall initiate an investigation of facts for each permit application with the appropriate city departments and county agencies designated to review such applications. The decision to approve (with or without conditions) or deny the application shall be made within fifteen (15) business days after the filing of a completed application. Notice of the director's decision shall be mailed or personally delivered to the applicant within five (5) business days of the date of the decision.

(Ord. No. 829, § 3, 2-1-22)

(A) The director, or his or her designee may issue the sidewalk vendor permit if he or she finds all of the following:

(1) The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or interfere with or endanger the public health, safety, or general welfare or encourage loitering.

(2) The conduct of the sidewalk vendor 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 will not constitute a fire hazard.

(4) 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 chapter.

(5) The sidewalk vendor has not had a permit revoked within the past twelve (12) months.

(6) The sidewalk vendor application 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.

(7) The sidewalk vendor has paid the business license tax.

(8) The sidewalk vendor's cart and proposed activities conform to the requirements of this chapter.

(9) The sidewalk vendor has provided adequate insurance to protect the city from liability associated with sidewalk vendor activities, as determined by the city risk manager, and the city has been named as an additional insured on the vendor's insurance policy.

(Ord. No. 829, § 3, 2-1-22)

(A) A permit may be denied based on the following grounds:

(1) The director cannot make the findings required by section 6-10.060.

(2) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business license permit, or in any report or statement required to be filed with the director or the city.

(3) Failure to obtain, or expiration or suspension of, any of the required insurance, or Los Angeles County Health Department or state permits.

(B) A denial of a permit may be appealed pursuant to the provisions of section 610.075. No vending shall be permitted pending the appeal.

(Ord. No. 829, § 3, 2-1-22)

(A) Within ten (10) calendar days after the date of the director's decision approving, denying or revoking a permit, any interested person may appeal the decision to the city manager by delivering to the city clerk a completed appeal form accompanied by an appeal fee in an amount prescribed by resolution of the city council. The appeal shall set forth the ground(s) for the appeal. A timely appeal accompanied by the required fee shall automatically entitle the aggrieved party to a hearing before the city manager.

(B) The hearing shall be held not more than thirty (30) days after the timely filing of a complete appeal, unless the applicant requests an extension.

(C) At the hearing the city manager shall hear the applicant, who may present any facts to show why the permit should be granted, and shall hear testimony from all other interested persons who attend the hearing as to why the permit should or should not be granted. The city manager, in considering the application and the appeal, shall give consideration to all relevant documents filed and all relevant testimony given at the hearing.

(D) Within five (5) business days after the conclusion of the hearing, the city manager shall adopt and issue a written notice of decision approving or denying the application. Notice of the city manager's decision shall be mailed or personally delivered to the applicant.

(E) The decision of the city manager shall be final. Should an application be denied after appeal, the applicant shall not be eligible to apply for a new permit for a period of six (6) months from the date of the decision.

(Ord. No. 829, § 3, 2-1-22)

Any sidewalk vendor permit may be revoked by the director for good cause shown including, but not limited to, any of the following reasons:

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

(2) Repeated or egregious failure of the permittee, or anyone vending while displaying the vendor's sidewalk vending license, to comply with the regulations and requirements set forth in this chapter.

(3) Conviction of a violation, or plea of guilty or nolo contendere, by the sidewalk vendor, or anyone vending while displaying the vendor's sidewalk vending license, of any federal or state law, or municipal ordinance while in the course of conducting sidewalk vending activity.

(4) Revocation, suspension, or nonrenewal of the required Los Angeles County Health Department permit, if applicable, for food vendors.

(5) The vendor has conducted the vending in a manner which endangers the public health or safety or in violation of any health and safety condition imposed on the Los Angeles County Health Department permit.

A sidewalk vendor whose permit is revoked shall not be eligible to apply for a new permit for a period of one year following such revocation.

(Ord. No. 829, § 3, 2-1-22)

(A) To protect pedestrian safety, accommodate public street access including parking and traffic, sidewalk vending shall abide by the following:

(1) To maintain accessibility standards for the city's disabled residents, sidewalk vendors shall maintain a minimum four-foot wide unobstructed path on the sidewalk for pedestrian ingress and egress.

(2) No sidewalk vendor shall locate along Pacific Coast Highway.

(3) Stationary sidewalk vendors shall not engage in vending activities within any single-family or multi-family residential zones in the city.

(4) Sidewalk vending shall not be permitted on city property that does not meet the definition of a sidewalk including, but not limited to, any alley, street, median, parkway, street end, or parking lot.

(5) No vending cart shall be placed within thirty (30) feet of an intersection or a driveway.

(6) No vending cart shall be placed within thirty (30) feet of any fire hydrant, fire call box, or utility cabinets or equipment.

(7) No vending cart shall be placed within twenty-five (25) feet of a bus bench, bus shelter, or public street furniture including, but not limited to, trash receptacles, planters, benches, artwork, or other decorative installments.

(8) A sidewalk vendor shall maintain at least one hundred (100) feet between another sidewalk vendor.

(9) Sidewalk vendors shall not erect freestanding appurtenances adjacent to the vendors' person, cart, wagon, rack, or other conveyance for vending activities including, but not limited to freestanding signs, umbrellas, ice chests, chairs, tables or benches.

(10) Vending equipment (carts, tables, trash bins, etc.) shall not touch, lean against or be affixed at any time to any building, structure, lamppost, utility pole, street sign, parking meter, or other public structure.

(11) No vending cart shall be placed on any portion of sidewalk which has a painted curb for parking regulation purposes, including those designated as a loading zone, red or white zone, or within a bus zone.

(12) To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no vendor is permitted to operate within five hundred (500) feet of a public or private school prior to 4:00 p.m. on any day when school is in session.

(13) No sidewalk vendor (stationary or roaming) shall operate during the hours of 8:00 p.m. through 7:00 a.m.

(14) Sidewalk vendors shall not leave their cart unattended. No equipment or objects used for vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way during the hours stated in subsection (13) above. Any equipment or objects left after 12:00 a.m. in public spaces or in any portion of the public right-of-way in any residential area will be considered discarded and may be seized or disposed of by the city.

(15) A vendor is prohibited from operating within five hundred (500) feet of a permitted certified farmers' market or any area subject to a special event permit for the duration of the permit. Vendors with a desire to sell products at the special event shall contact the special event organizer to be included in the event itself.

(16) Airborne signs such as balloons, banners, feather flags, pennants, as well as flags, are prohibited.

(17) Advertising any product that is not related to the food or merchandise being offered for immediate sale is prohibited.

(18) Sidewalk vendors may only sell food and/or merchandise. Sidewalk vendors shall not sell or provide services.

(19) Sidewalk vendors shall not contain or use propane, natural gas, batteries, or other explosive or hazardous materials. Using an open flame on or within any cart is prohibited.

(20) Sidewalk vendors of food or food products shall possess and display in plain view on the vending cart a valid public health permit from the Los Angeles County Department of Public Health.

(21) No sidewalk vendor that sells food shall vend unless they maintain a clearly designated litter receptacle in the immediate vicinity of the conveyance. Prior to leaving the location, the vendor shall pick up, remove, and dispose of all trash or refuse which consists of materials originally dispensed by the vendor, including any packages or containers, or parts thereof, used with or for dispensing the food, goods or merchandise being sold.

(22) All sidewalk vendors shall allow a police officer, firefighter, code enforcement officer, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities, at any time, to inspect for compliance with this chapter.

(23) No sidewalk vendor shall park or stand a nonmotorized conveyance used for vending in a manner which causes a hazard to vehicular or pedestrian traffic, and no vendor shall distribute any item from a nonmotorized conveyance in a manner that causes any person to stand in that portion of the street that is between the nonmotorized conveyance and the center of the street.

(24) No sidewalk vendor shall persistently and importunately sell any food, goods, or merchandise to any member of the public after such member of the public expresses his or her desire not to purchase anything from the vendor.

(25) No sidewalk vendor shall intentionally or deliberately obstruct the free movement of any member of the public on any public sidewalk or street or in any public place.

(26) No sidewalk vendor shall obstruct the visibility of any vehicle traveling upon, from, or to public streets.

(27) To prevent overcrowding or potential claims of harassment, no sidewalk vendor shall sell any items to a captive audience.

(28) No sidewalk vendor shall threaten any injury or damage to any member of the public who declines to purchase any items being sold, if such threat, whether by word or gesture, would make a reasonable person fearful.

(29) No sidewalk vendor shall stop, stand or park any nonmotorized conveyance in violation of any provision of the California Vehicle Code or the Lomita Municipal Code.

(30) A vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way.

(31) To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way.

(32) A sidewalk vendor shall not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana, or sell adult-oriented material.

(33) A sidewalk vendor shall not conduct the permitted business in a manner that creates a public nuisance.

(Ord. No. 829, § 3, 2-1-22)

A stationary sidewalk vendor is prohibited from operating in a public park owned or operated by the city if the city has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaries for that park. Vending within public parks or recreational facilities is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned areas, vending shall not take place on sand, dirt, grass, parking lots, or on any space which would obstruct, damage, or otherwise adversely affect the public's use and enjoyment of natural resources and recreational opportunities, or contribute to an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. Sidewalk vendors locating on paved pedestrian pathways within a public park shall maintain a minimum four-foot wide unobstructed path to maintain accessibility standards for pedestrian ingress and egress.

(Ord. No. 829, § 3, 2-1-22)

(A) The director may temporarily suspend a vending permit and order the vending operation to cease if any immediate danger to the public health or safety is found, unless the danger is immediately corrected. "Immediate danger to the public health and safety" means any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission or hazardous condition including, but not limited to, unsafe food temperature, sewage contamination, nonpotable water supply, or an employee who is a carrier of a communicable disease.

(B) A violation of this chapter by a vending permit holder is punishable by the following:

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

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

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

(C) Vending without a vending permit may be punishable by the following in lieu of the administrative fines set forth in subsection (B), above:

(1) An administrative fine not exceeding two hundred fifty dollars ($250.00) for a first violation.

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

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

(D) Upon proof of a valid permit issued by the city, the administrative fines set forth in subsection (C) of this section shall be reduced to the administrative fines set forth in subsection (B) of this section, respectively.

(E) The owners, managers or operators of any sidewalk vendor, if applicable, are responsible for the violation of any provision of this chapter by their agents or employees.

(F) Any fine issued under subsections (B) or (C) of this section will be accompanied with a notice of an instruction regarding the right to request a determination on the ability to pay. The fined sidewalk vendor may also request an ability-to-pay determination at the administrative adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. If the requestor is receiving public benefits under Government Code section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five (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 director shall limit the total amount of the requestor's administrative fine to twenty (20) percent of the total. The director may, pursuant to this section, do either of the following:

(1) Allow the person to complete community service in lieu of paying the administrative fine; or

(2) Waive the administrative fine;

(3) Offer an alternative option, provided it is consistent with state law.

(Ord. No. 829, § 3, 2-1-22)