Los Banos Municipal Code Ch. 3 Sales on Public Streets and Sidewalk Sales

The City Council finds that the continued unrestricted use of the public sidewalks by merchants for the display of merchandise creates potential health and safety hazards. The Council further finds the unrestricted display of merchandise on public sidewalks may have an adverse impact on the aesthetics of the City. It is the intent of the Council to regulate sales on streets and sidewalks in order to insure the safe and unobstructed passage of pedestrians and motorist using the public right-of-way.

(§ 1, Ord. 948, eff. April 16, 1999, as amended by § 5, Ord. 1161, eff. February 17, 2018)

Except as otherwise provided in this chapter, it is unlawful in the City for any person to leave or cause to he placed, any personal property upon any sidewalk, gutter, alley or street of the City, whether or not such property upon any sidewalk, gutter, alley or street of the City constitutes merchandise of any store, without first obtaining a City permit. The "personal property" referred to in this section includes, but is not limited to, produce, merchandise, store boxes, store substances, or materials, signs or any other object or implement of any class, kind or character. This section shall not be construed to prohibit parking of automobiles where otherwise allowed.

(§ 1, Ord. 948, eff. April 16, 1999, as amended by § 5, Ord. 1161, eff. February 17, 2018)

The Planning Director may issue administrative permits for sidewalk sales for individual businesses, in the downtown commercial district only, subject to the following conditions and limitations:

(a) Applicants must be retail merchants possessing a valid City business license and having a fixed place of business within the City's downtown commercial district.

(b) The number of sidewalk sales shall not exceed one per month per business.

(c) Each permit shall expressly provide that any sidewalk sale for an individual business shall be limited to three consecutive days.

(d) Each permit shall expressly provide that any personal property or merchandise placed upon the sidewalk pursuant to the permit shall extend no further along the sidewalk than the exterior limits of the merchant's place of business.

(e) Each permit shall expressly state that no obstructions shall be placed upon the public sidewalk extending in excess of four feet into the sidewalk from the front of any structure, provided that in all cases a minimum sidewalk depth of five feet from the curbing shall be kept clear of any obstruction.

(f) No live music, including a band or disc jockey, shall be permitted.

(g) Each permit shall be in effect for a period of 12 months from the time of issuance.

(h) Each permit shall specify all signage to be used in the conduct of the sidewalk sales; provided, that in no circumstance shall any sign be allowed in excess of eleven (11″) inches by seventeen (17″) inches in size. Signage shall be allowed only for the purpose of stating the price of items or articles for sale.

(i) The Planning Director may approve a permit subject to additional conditions, as he or she finds reasonable and appropriate.

(§ 1, Ord. 948, eff. April 16, 1999, as amended by § 5, Ord. 1161, eff. February 17, 2018)

The Planning Director may issue group permits for area wide promotional sidewalk sales subject to the following conditions and limitations:

(a) All permits shall be issued to a bona fide merchant association comprised of retail merchants having a fixed place of business within the City's downtown commercial district and desiring to sponsor a special program, event or sale.

(b) The number of group sidewalk sales shall be limited to six per year.

(c) No permit shall be in effect for more than three consecutive business days.

(d) Each permit shall describe the geographic area entitled to the group permit and expressly provide day or days and hours that such sale shall be allowed.

(e) The administrative permit shall expressly state that no obstruction shall be placed upon the public sidewalk extending in excess of four (4′) feet into the sidewalk from the front of any structure; provided, that in all cases a minimum sidewalk depth to four (4′) feet from the back edge of curb shall be kept clear from any obstruction.

(f) The Planning Director may approve a permit subject to additional conditions, as he or she finds reasonable and appropriate.

(g) Each permit shall specify all signage to be used in the conduct of the sidewalk sale; provided, that in no circumstances shall any sign he allowed in excess of eleven (11″) inches by seventeen (17″) inches in size. Signage shall be allowed only for the purpose of stating the price of items or articles for sale.

(h) Any live music shall be approved by the City Council prior to the event.

(§ 1, Ord. 948, eff. April 16, 1999, as amended by § 5, Ord. 1161, eff. February 17, 2018)

(a) Each permit issued for sidewalk sales shall include an agreement wherein the recipient of the permit agrees to hold the City harmless from liability arising from the conduct of such outdoor sales.

(b) The agreement shall state:

The recipient of this permit hereby agrees to hold the City harmless from, to defend the City against, and to indemnify the City from all claims, demands, and suits made against the City, its officers, or its employees, including attorney's fees and court costs incurred by the City arising from any act or omission on the part of the recipient, its officers, employees, subcontractors, agents, guests, invitees or those entities participating in any sales activities sponsored by the recipient, in the prosecution of sales upon the sidewalk or any portions thereof.

(§ 1, Ord. 948, eff. April 16, 1999, as amended by § 5, Ord. 1161, eff. February 17, 2018)

Each permit issued for a sidewalk sale shall include an agreement wherein the recipient of the permit agrees to indemnify the City from any liability arising from the conduct of any outdoor sales, and shall furnish to the City a certificate of public liability insurance or bond for public liability in the amount of One Million and No/100ths ($1,000,000.00) Dollars with the City named as the co-insured.

(§ 1, Ord. 948, eff. April 16, 1999, as amended by § 5, Ord. 1161, eff. February 17, 2018)

(a) Any permit issued pursuant to this chapter may be revoked by the Planning Director and the privileges granted thereunder terminated: (1) in the event Planning Director finds and determines, in his or her sole discretion, any permittee has failed to abide with the conditions of the permit, or (2) in the event the Planning Director determines that exercise of the privileges granted under this chapter may be detrimental to the public health, safety and welfare.

(b) Revocation by the Planning Director of any permit is appealable to the Council, upon written notice of appeal filed with the City Clerk within 10 calendar days of receipt of notice of revocation.

(§ 1, Ord. 948, eff. April 16, 1999, as amended by § 5, Ord. 1161, eff. February 17, 2018)

The display of personal property belonging to a business may occur on a regular basis, which display shall be exempt from permitting requirements outlined in this chapter, provided such personal property is located on private property (i.e., within an alcove), not within the public right-of-way, immediately in front of the respective business.

(§ 1, Ord. 948, eff. April 16, 1999, as amended by § 5, Ord. 1161, eff. February 17, 2018)