Mendota Municipal Code Ch. 5.28 Sidewalk Vendors

Footnotes:

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Editor's note— Ord. No. 19-05, § 2, repealed ch. 5.28 in its entirety, and § 3 of said ordinance adopted new provisions to read as herein set out. Former ch. 5.28, §§ 5.28.010—5.28.080, pertained to itinerant food vendors and derived from Prior code §§ 6.08.001—6.08.008; Ord. No. 94-18, § 2, adopted in 1994; Ord. No. 97-05, § 1, adopted in 1997; Ord. No. 09-07, §§ 1—3, adopted April 14, 2009; Ord. No. 10-07, § 1, adopted May 11, 2010; and Ord. No. 17-08, §§ 1, 2, adopted April 25, 2017.

The following words and phrases, whenever used in this chapter, shall mean as follows:

"California Retail Food Code" shall mean Part 7 of Division 104 of the California Health and Safety Code, as amended from time to time.

"Certified farmers' market" shall mean a location operated in accordance with Chapter 10.5 of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

"City manager" shall mean the city manager of the City of Mendota, or their designee.

"Commissary" shall have the same meaning as the term is used in the California Retail Food Code.

"Compact mobile food operation" shall mean a sidewalk vendor who, in conjunction with a commissary or other permanent food facility, sells or distributes food at retail.

"Person" shall mean one or more individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity.

"Roaming sidewalk vendor" shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction.

"Sell" or "selling" shall mean to sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.

"Sidewalk vendor" shall mean a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person. A motorized itinerant vendor is not a sidewalk vendor.

"Stationary sidewalk vendor" shall mean a sidewalk vendor who sells from a fixed location.

"Swap meet" shall mean a location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

"Temporary special permit" shall mean a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, city or privately sponsored filming, parades, or outdoor concerts.

"Vending cart" shall mean a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for selling, whether mobile or stationary, that is not a vehicle as defined in the California Vehicle Code.

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 7, 9-12-2023)

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 7, 9-12-2023)

No person shall conduct or engage in sidewalk vending within the city without first obtaining a sidewalk vendor permit pursuant to this chapter.

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 8, 9-12-2023)

A. In addition to the other requirements of this title, to apply for a sidewalk vendor permit, a person must file an application with the city manager, or their designee, accompanied by a nonrefundable application processing fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the city manager, or their designee, and shall contain, at a minimum, the following:

1. The legal name, current address, and telephone number of the applicant;

2. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;

3. A description of the food or merchandise offered for sale;

4. A description of the area(s) and time(s) in which the applicant intends to operate, including information regarding the impact of proposed operations on site access and available parking as applicable;

5. Whether the applicant intends to operate as a stationary sidewalk vendor and/or a roaming sidewalk vendor;

6. Sufficient information to determine whether the applicant will comply with the operating requirements set forth in Section 5.28.100;

7. A California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code;

8. Certification by the applicant that the information contained in the application is true to their knowledge and belief;

9. If the applicant intends to be a compact mobile food operation, certification of completion of a food handler course and proof of all required approvals from the Fresno County Department of Public Health, unless exempted from this requirement by the California Retail Food Code;

10. If the applicant intends to be a compact mobile food operation, proof of current commissary access and usage to the extent required by the California Retail Food Code.

11. Proof of liability insurance; and

12. Any other reasonable information regarding the time, place, and manner of the proposed vending.

B. If the application requests the applicant's social security number, the applicant may, in lieu of providing a social security number, provide a California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 9, 9-12-2023)

Prior to the issuance of a sidewalk vendor permit, all applicants shall pay a nonrefundable sidewalk vendor permit fee in an amount established by Section 5.08.340.

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 10, 9-12-2023)

A. The city manager, or their designee, shall approve the issuance of a sidewalk vendor permit unless they determine that:

1. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

2. The applicant has failed to provide a complete application after having been notified of the requirement to produce additional information or documents;

3. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in Section 5.28.100;

4. The applicant has failed to pay the sidewalk vendor permit fees required pursuant to Sections 5.28.030, 5.28.040, or 5.08.340; or

5. The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter.

B. If the sidewalk vendor permit application is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 11, 9-12-2023)

A. A sidewalk vendor permit shall be valid for twelve (12) months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance.

B. A person may apply for a permit renewal on a form provided by the city prior to the expiration of their active sidewalk vendor permit.

1. For cases involving reissuance of a sidewalk vendor permit for a compact mobile food operation, said renewal application shall provide proof of commissary usage for the previous twelve (12) months, unless exempted from those requirements by the California Retail Food Code.

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 12, 9-12-2023)

The city manager, or their designee, may rescind a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this chapter or any applicable provisions of the California Retail Food Code. A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit.

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 13, 9-12-2023)

Any person aggrieved by the decision of the city manager to issue, deny issuance, or rescind a sidewalk vendor permit may appeal the decision to the city council. The appeal shall be filed with the city clerk within fourteen (14) days following the date of the decision issued by the city manager, or their designee. The appeal must be in writing and must clearly state the applicant's reasons for appealing the decision.

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 14, 9-12-2023)

No permit granted pursuant to this chapter shall be transferable.

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 15, 9-12-2023)

Sidewalk vendors shall comply with the following operating requirements:

A. No sidewalk vendor shall vend in the following locations:

1. Within fifteen (15) feet of any street intersection;

2. Within ten (10) feet of any fire hydrant, fire call box, or other emergency facility;

3. Within ten (10) feet of any driveway, driveway apron, or alley approach;

4. Upon or within any roadway, median strip, or dividing section;

5. Upon or within any parkway or landscaped areas lacking paved pathways for travel;

6. Within five hundred (500) feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special permit;

7. Within five hundred (500) feet of a public or private school site during school hours, and not within one hour before or one hour after school drop off and pick up operations;

8. In any city-owned parking lot without prior written authorization from the city manager, issued at the city manager's sole discretion;

9. On private property without the written consent of the property owner and their confirmation the proposed vending operations will not impede site access, parking, or other applicable health and safety requirements and conditions applicable to the property;

10. Within fifty (50) feet of another sidewalk vendor; or

11. Within twenty-five (25) feet of an entrance to or exit from any building.

B. No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than three feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices and to comply with the Americans with Disabilities Act.

C. Sidewalk vending is only permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows:

1. In residential areas, sidewalk vending shall only be permitted between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and between the hours of 9:00 a.m. and 6:00 p.m. on weekends and holidays.

2. In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

3. In park areas, sidewalk vending shall be permitted only during hours when the park is open to the public.

D. Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.

E. Roaming sidewalk vendors vending in areas that are zoned exclusively residential shall move continuously, except when conducting a sale which shall not last longer than fifteen (15) minutes.

F. Stationary sidewalk vendors shall not vend at any park where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

G. Sidewalk vendors shall provide a trash receptacle for customers and ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor's customers within a fifteen (15) foot radius of the vending location.

H. Compact mobile food operations shall possess and display in plain view on the vending cart a valid public health permit from the Fresno County Department of Public Health, unless exempted from this requirement by the California Retail Food Code.

I. Sidewalk vendors shall possess and display a valid sidewalk vendor permit issued pursuant to this chapter, as well as any other permit or license required by the city and any other appropriate governmental agency, at all times while vending.

J. Sidewalk vendors shall possess proof of current liability insurance at all times while vending.

K. Sidewalk vendors shall comply with all applicable federal, state, and local laws, including, without limitation, food preparation, handling, labeling, and storage requirements contained in the California Retail Food Code; fire codes and regulations; noise standards; alcoholic beverage, tobacco product, cannabis, electronic cigarette, smoking devices, and controlled substances regulations; sanitation and health standards set forth in this Code and the California Retail Food Code; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

L. Vending carts shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No vending cart shall become a permanent fixture on any site or be considered an improvement to real property.

M. Vending carts shall not be left unattended or stored on public property or within the public right-of-way. Vending carts shall be immediately removed from public property when not in active use by a sidewalk vendor. Vending carts and equipment left in public spaces or in the public right-of-way overnight, or outside the permitted hours for sidewalk vending operations, will be considered discarded and may be seized or disposed of by the city.

N. Compact mobile food operations shall comply with all applicable commissary use and vending-cart storage requirements contained in the California Retail Food Code.

O. Sidewalk vendors shall not place any type of fencing or other dividers around the vending cart.

P. Sidewalk vendors shall not place tables, chairs, shade structures, or other furniture around the vending cart.

Q. Sidewalk vendor advertising signage must be attached to the vending cart or the sidewalk vendor's person. No such signs or displays may be placed on public property.

R. Sidewalk vendors shall not use any horns, music, lights, visual media, or sound amplifying devices that disturb the public peace and welfare in connection with vending operations unless expressly approved in their sidewalk vendor permit.

S. Sidewalk vendors shall not use electrical outlets owned by the city. Sidewalk vendors shall not run power cords or extension cords across the sidewalk or other public right-of-way.

T. Sidewalk vendors shall not attach to water lines, electrical lines, or gas lines while vending.

U. Sidewalk vendors shall not vend to customers in vehicles.

V. Sidewalk vendors shall not sell lottery tickets, alcohol, cannabis, adult-oriented material, weapons, or tobacco or electronic cigarette products.

W. Sidewalk vending of services, including rental services, is prohibited.

X. Vending carts shall not physically alter or otherwise damage the underlying sidewalk.

Y. Sidewalk vendors' operations shall not discharge any liquid, including, but not limited to, water, grease, or oil, onto or into city streets, storm drains, catch basins, or sewer facilities.

Z. Sidewalk vendors shall immediately clean up any food, grease, liquid, or other item related to their vending operations that falls on public property.

AA. Stationary sidewalk vendors who operate after daylight hours shall provide adequate lighting sufficient to ensure customer safety. Such lighting shall be directed downward and away from adjacent properties.

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 16, 9-12-2023)

A. A violation of this chapter by a sidewalk vendor who has a valid sidewalk vendor permit from the city is punishable only by an administrative citation in amounts not to exceed the following:

1. A notice of violation detailing the violation.

2. One hundred dollars ($100.00) for a second violation within one year of the first violation.

3. Two hundred dollars ($200.00) for a third violation within one year of the first violation.

4. Five hundred dollars ($500.00) for each additional violation within one year of the first violation.

B. A person engaged in sidewalk vending that would not otherwise be considered a compact mobile food operation without a valid city sidewalk vendor permit is punishable by an administrative citation in amounts not to exceed the following, in lieu of the amounts set forth in paragraph (A):

1. Two hundred fifty dollars ($250.00) for a first violation.

2. Five hundred dollars ($500.00) for a second violation within one year of the first violation.

3. One thousand dollars ($1,000.00) for each additional violation within one year of the first violation.

4. Upon proof of a valid sidewalk vendor permit issued by the city, the administrative citations set forth in this paragraph shall be reduced to amounts set forth in paragraph (A).

C. A person engaged in vending that would be considered a compact mobile food operation, without a valid city sidewalk vendor permit, is punishable by an administrative citation in amounts identical to those forth in paragraph (A). This paragraph shall be effective until January 1, 2024, upon which date it shall be repealed.

D. A person engaged in vending that would be considered a compact mobile food operation, without a valid city sidewalk vendor permit, is punishable by an administrative citation in the amount of three times the cost of a city sidewalk vendor permit pursuant to Section 5.08.340. This paragraph shall become effective on January 1, 2024.

E. A violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

F. Failure to pay an administrative citation issued 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 herein shall not be assessed.

G. When assessing administrative citations pursuant to this section, the hearing officer shall take into consideration the person's ability to pay the fine. The city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

H. If 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 an administrative citation imposed pursuant to this chapter.

I. The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.

(Ord. No. 19-05, § 3, 5-28-2019; Ord. No. 23-03, § 17, 9-12-2023)