Long Beach Municipal Code Div. II Administration

A. It is unlawful for any person to engage in, operate, conduct, carry on, or allow to be carried on, or otherwise engage in any sidewalk vending without having first met the following requirements:

1. The person has a valid business license pursuant to Chapter 3.80 of this Code;

2. The person has a valid sidewalk vendor business permit pursuant to the requirements of Title 5 of this Code, including the requirements in this Chapter; and

3. The person has a valid seller's permit applicable to sidewalk vending issued by the California Department of Tax and Fee Administration (CDTFA), to the extent required by law.

B. Additionally, it is unlawful to engage in, operate, conduct, carry on, or allow to be carried on, or otherwise engage in the sidewalk vending of food without also having first obtained a health permit from the City Department of Health and Human Services.

1. Exception: A sidewalk vendor with twenty-five (25) square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked produce is sold is not required to obtain a health permit.

C. Sidewalk vendor business and health permits are non-transferable. Any change in ownership or operation requires new permits.

(ORD-24-0002 § 1, 2024)

Each sidewalk vendor is subject to and must comply with the provisions of Chapter 3.80 of this Code related to the City's business license tax. Notwithstanding the foregoing, every person who applies for a sidewalk vendor business license/permit within the first year of the effective date of this Chapter 5.73 of this Code shall not be subject to the business license tax imposed by Section 3.80.253 of this Code for the first year of the applicant's operation as a sidewalk vendor.

(ORD-24-0002 § 1, 2024)

A. Each sidewalk vendor is subject to and must comply with Chapter 5.04 of this Code related to the administration of City business permits.

B. An application for a sidewalk vendor business permit shall be filed in compliance with Chapter 5.04 of this Code, using a form approved by the City for that purpose, and which shall be certified by the applicant that to the best of the applicant's knowledge, the information contained on the form is true. Applications shall contain, at a minimum, the following information:

1. Name and current mailing address of the applicant;

2. Description of the merchandise or food offered for sale;

3. CDTFA seller's permit number, to the extent required by law; and

4. If the applicant is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.

C. The applicant for a sidewalk vendor business permit is required to produce a social security number or alternative form of identification. Acceptable alternative forms of identification include a California driver's license or identification number, or an individual taxpayer identification number. The collected identification number shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit and licensure program, to comply with a state law, or to comply with state or federal court order.

D. Payment of the sidewalk vendor business license tax shall satisfy the fee for a sidewalk vendor business permit under Section 5.04.040 of this Code.

A sidewalk vendor business permit shall not be issued for sidewalk vending of food unless the vendor first obtains a valid City-issued health permit. Applicants intending to sell food must produce a valid City-issued health permit upon application for a sidewalk vendor business permit.

(ORD-24-0002 § 1, 2024)

Every sidewalk vendor shall be subject to inspections to ensure compliance with this Code and any other applicable law.

(ORD-24-0002 § 1, 2024)

A sidewalk vendor business permit issued under the provisions of this Chapter shall be effective for a one (1) year period after issuance, and shall be automatically renewed every year upon payment of the required business license tax, provided the Director of Financial Management determines that the permitee has complied with the provisions of this Chapter and all applicable laws during the preceding permit term.

(ORD-24-0002 § 1, 2024)

A. The cancellation, suspension, revocation, denial and appeal of a sidewalk vendor business permit shall be governed by the provisions of Chapter 5.06 of this Code.

B. No person shall conduct any sidewalk vending during the pendency of a related business permit application, during the time such a permit has been suspended, or at any time after such a permit has been denied, cancelled, or revoked, unless the permit is later granted or reinstated.

C. In the event the sidewalk vendor license and/or permit is canceled, suspended, denied or revoked, any associated business permit and/or license is simultaneously and automatically deemed canceled, suspended, denied or revoked.

(ORD-24-0002 § 1, 2024)

Each sidewalk vendor vending food must also obtain a City-issued health permit pursuant to Section 5.04.050 and Title 8 of this Code, and the California Health and Safety Code. Notwithstanding the foregoing, every person who applies for or renews a health permit to operate as a sidewalk vendor of food within the first year of the effective date of this Chapter 5.73 of this Code shall not be subject to any City health permit and/or plan check fee for the first year of the applicant's operation as a sidewalk vendor.

(ORD-24-0002 § 1, 2024)

A. Every sidewalk vendor shall, as a condition precedent to the operation of sidewalk vending, obtain insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040. Every sidewalk vendor shall file such insurance with the Director of Financial Management.

B. Every sidewalk vendor shall maintain the insurance in full force and effect when conducting sidewalk vending. Failure to maintain such insurance shall be cause for suspension or revocation of a sidewalk vendor business permit.

C. Prior to the issuance or renewal of a sidewalk vendor business permit, each sidewalk vendor shall execute an indemnity agreement on a form provided by the City which provides that, by the acceptance or use of the sidewalk vendor permit, the sidewalk vendor shall indemnify, defend, protect and hold harmless the City, its Boards, Commissions, and their officials, employees, and agents from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, arising or alleged to have arisen, in whole or in part, out of or in connection with the vendor's sidewalk vending (collectively "claims") and that the sidewalk vendor shall notify the City of any claim within ten (10) days.

D. City will comply with the California Values Act, Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code, and City of Long Beach Administrative Regulation 33: Procedures Regarding the Requesting, Collecting, and Maintaining of Sensitive Information and the Enforcement of Federal Immigration Law in relation to the collection of information of sidewalk vendors.

(ORD-24-0002 § 1, 2024)