Long Beach Municipal Code Div. IV Enforcement and Penalties

Violations of this Chapter are enforceable using the administrative citation procedures set forth in Chapter 9.65 of this Code. Fines for violations of this Chapter shall be assessed pursuant to Section 5.73.160 below.

(ORD-24-0002 § 1, 2024)

A. Any sidewalk vendor with a valid sidewalk vendor business permit that operates in violation of any provision of this Chapter will first be offered an opportunity to remedy the violation in order to continue vending. If the sidewalk vendor refuses to or cannot come into compliance, an enforcement officer may order the sidewalk vendor to immediately cease and desist any vending and to remove themselves from the vending area. If the sidewalk vendor fails to comply, the sidewalk vendor's equipment, food, and/or merchandise may be impounded or disposed of pursuant to paragraphs B and C of this Section, below.

B. A sidewalk vendor's vending equipment, food and/or merchandise is subject to summary and immediate impoundment if the vendor:

1. is vending prohibited items, as described in Section 5.73.110.N, subparagraphs 7 through 13 of this Code;

2. does not possess a valid sidewalk vendor business permit;

3. leaves sidewalk vending equipment, food, and/or merchandise unattended; or

4. is a permitted sidewalk vendor who cannot or refuses to comply with an enforcement officer's request to come into compliance with the Code, and who refuses to cease vending.

C. Equipment, food and/or merchandise is subject to immediate disposal, rather than impoundment, if the equipment, food and/or merchandise cannot be stored, is perishable, or presents a health or safety concern.

D. For any impoundment under this Section, the person from whom property was taken shall be provided with a receipt and instructions for the retrieval of the property. The receipt and instructions shall either be given to the person from whom the property was taken at the time the property is obtained, or mailed, by first-class mail, to the person from whom the property was taken, if the person provides a valid form of identification which includes the person's contact information.

1. The receipt and instructions shall notify the person from whom the property was taken that the property must be claimed within ninety (90) calendar days after City takes possession of the property or the property will be disposed.

2. If the owner or person responsible for unattended items cannot be identified, or if a person refuses to provide identification for the issuance of an administrative citation, the enforcement officer shall document the date, time period, and location where the impounded property was observed; the circumstances supporting the enforcement officer's finding that the property was unattended, if applicable; any reasonable attempt to locate the owner of the property; any refusal by the owner of the property to provide identification; and a complete description of the property, including any property that was immediately disposed of because it was perishable or presented a health or safety concern. This document shall be maintained by the City with any impounded property.

3. Impounded property may be recovered within ninety (90) calendar days from the date of impoundment, upon presentation of proof of ownership and full payment of a sum equal to the cost of removing and storing the impounded property.

4. Any unclaimed impounded property will be considered abandoned and forfeited to the City after ninety (90) calendar days following impoundment.

5. A person whose property is impounded pursuant to this Section may request an administrative hearing by submitting a written request for hearing form and returning it to the Department of Financial Management within thirty (30) calendar days of impoundment. The administrative hearing shall be conducted in accordance with Chapter 9.65 of this Code and may be held at the same time as the administrative hearing on any related administrative citation issued under this Chapter. No deposit is required to request a hearing on impounded property under this Section.

6. The City Manager or the Department of Financial Management may develop additional regulations for the storage and release of impounded property.

E. None of the aforementioned impoundment actions in this Section prevents an enforcement officer from issuing an administrative citation to a person reasonably believed to be in violation of any provision of this Chapter.

(ORD-24-0002 § 1, 2024)

A sidewalk vendor who violates any provision of this Chapter is subject to the penalties enumerated in paragraphs A and B of this Section below, and not of Section 5.08.030.A of this Code.

A. Violations of this Chapter.

1. Any violation of this Chapter shall be punishable only by the following:

a. An administrative fine not exceeding one hundred dollars ($100) for a first violation.

b. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation.

c. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation.

d. City may revoke a sidewalk vendor business permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

2. The owner, manager, or operator of any sidewalk vending activity is responsible for any violation by an employee of any provision of this Chapter. Any violation of this Chapter by an employee shall be deemed a violation for which the owner, manager or operator of each sidewalk vending activity is responsible.

B. Sidewalk vending without a valid sidewalk vendor business permit.

1. Sidewalk vending without a valid sidewalk vendor business permit shall be punishable by the following:

a. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

b. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.

c. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

2. Upon proof of a valid sidewalk vendor permit issued by the City, the administrative fines set forth in subparagraph (B)(1) shall be reduced to the administrative fines set forth in subparagraph (A)(1) of this Section, respectively.

C. Failure to pay an administrative fine 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 in this Section shall not be assessed.

D. Sidewalk vending of food without a valid City health permit shall be punishable pursuant to the California Health and Safety Code.

E. Violations of any rule, regulation, or statute outside of this Chapter may be independently enforced and penalized as prescribed by law.

(ORD-24-0002 § 1, 2024)

A. Any fine issued under this Chapter will be accompanied with a notice of the right to request an ability-to-pay determination with instructions or other materials for requesting an ability-to-pay determination.

B. At any time before the citation is paid, the cited party may request an ability-to-pay determination.

C. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person's ability to pay the fine. The adjudicator shall have the power to reduce the fine based upon the person's ability to pay the fine.

1. If the adjudicator finds the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.

2. The adjudicator may waive the administrative fine or may offer an alternative disposition.

(ORD-24-0002 § 1, 2024)

If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this Chapter that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this Chapter are severable.

(ORD-24-0002 § 1, 2024)