Monterey Municipal Code § 32-3 Transacting private business on public property

No person shall use or employ any portion of any park, mall, plaza, beach, or any other public property, not including public streets, sidewalks, or pedestrian paths in City parks, for conducting or transacting of any private commercial business or activity. Conducting or transacting private commercial business or activity on public streets, sidewalks, or pedestrian paths in City parks shall only be pursuant to a lawfully issued City mobile food vendor or sidewalk vendor permit. This section shall not apply to permits, concessions, or leases granted by the City of Monterey. (Ord. 3606 § 3, 2019; Ord. 3514 § 2, 2015)

a.“Above-ground structure” means any structure affixed to a sidewalk, including a streetlight, tree well, parking meter, utility structure, utility box, bike rack, mailbox, trash can, elevator, kiosk, newspaper rack, picnic shelter, bench, wall, sign pole, traffic signal pole, signal pushbutton pole, planter, and stairs.

b.“Beach access point” means public stairways, ramps, and other physical access points to the beach.

c.“Certified farmers’ market” means 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.

d.“Director” means the Community Development Director of the City of Monterey.

e.“Driveway” means any approved curb cut designed to allow vehicular traffic ingress from or egress to or from a street or alley.

f.“Major fairgrounds events” means the following annual events at the Monterey County Fairgrounds: the Monterey Jazz Festival, the California Roots Music Festival, and the Monterey County Fair.

g.“Pedestrian path” means an improved pathway within a City park designed and constructed to allow pedestrian traffic to circulate within the park from a public sidewalk or parking lot, to other locations within the park.

h.“Person” means one or more individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, 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.

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

j.“School” means an institution of learning that offers instruction in those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education. This definition does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college, or university.

k.“Sidewalk vendor” means a person who sells food or merchandise from a vending cart, stand, table, wagon, rack, pedal-driven cart or other nonmotorized conveyance, or from one’s person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians.

l.“Special event permit” means a permit issued pursuant to Section 32-4.

m.“Stationary sidewalk vendor” means a sidewalk vendor who sells from a fixed location. (Ord. 3708 § 3, 2025; Ord. 3606 § 5, 2019)

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

b.To apply for a sidewalk vending permit, the applicant must provide:

1.A completed application form containing:

A.Their name and mailing address and the name of any person(s) that will be employed by the vendor as sidewalk vendors;

B.Description of the merchandise offered for sale or exchange;

C.The days and hours of operation;

D.If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation;

E.Certification that the information is true to his or her knowledge and belief: and

F.Any other relevant information required by the Director.

2.A copy of a California driver’s license or identification card, or other valid government issued picture identification.

3.A copy of a valid California Department of Tax and Fee Administration seller’s permit, as required.

4.If the applicant will vend food products and if required by the California Retail Food Code, a valid Monterey County Health Department permit issued to the vendor and, if applicable, to the transport vehicle.

5.For stationary sidewalk vendors, a site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 48 inches of accessible route area, in compliance with the Americans with Disabilities Act.

6.Proof of a policy or policies of comprehensive general liability insurance insuring the sidewalk vendor and naming the City as an additional insured against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of the sidewalk vending device, or from violation of this Chapter or of any other law of the State or the United States. The insurance policy shall be in the sum as determined adequate by the City’s Finance Director, or designee, which said sum shall be listed on the sidewalk vending permit application. Such insurance shall further provide that the policy shall not terminate or be canceled without 30 calendar days’ advance written notice to the City.

c.The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of the Monterey City Code as well as all other generally applicable local, State and Federal laws.

d.At the time the application is filed, the applicant shall pay a nonrefundable permit processing fee, which fee may be established and amended from time to time by resolution of the City Council. If the applicant has a valid City business license for sidewalk vending at the time of the application, the business license fee shall be credited towards the sidewalk vending permit processing fee. (Ord. 3708 §§ 4, 5, 7, 2025; Ord. 3606 § 5, 2019)

a.Upon receipt of a properly completed and filed sidewalk vendor permit application, receipt of an acceptable LiveScan report issued by the Department of Justice, and payment of the applicable permit processing fee, the Director shall conduct a preliminary investigation to determine compliance with this chapter and shall make such determination within no more than 30 days following such receipt to approve or deny the application. The Director shall provide the applicant with written notice of his or her decision to the address indicated in the application.

b.The Director may deny an application for a permit if he or she makes any of the following findings:

1.The applicant has failed to pay the application permit fee.

2.The applicant has made one or more material misstatements in the application for a permit.

3.The applicant does not have a valid social security card, valid California driver’s license, California identification number, valid individual taxpayer identification number, or municipal identification number.

4.The applicant’s vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter.

5.The applicant is required to register under the provisions of California Penal Code Section 290, as may be amended.

6.It is determined that the applicant does not possess all Federal, State, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.

7.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.

c.If the application is denied, notice shall be mailed to the applicant at the address shown on the application form and shall include a statement of the grounds on which the application is denied. An applicant may appeal a denial pursuant to Section 32-3.06.

d.If the Director approves the applicant’s permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

e.A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant. (Ord. 3708 § 6, 2025; Ord. 3606 § 5, 2019)

A sidewalk vending permit shall be valid for 12 months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. A person may apply for a permit renewal on a form provided by the City prior to the expiration of his or her active sidewalk vending permit. (Ord. 3606 § 5, 2019)

The Director may revoke a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this chapter. A sidewalk vendor whose permit is revoked may apply for a new sidewalk vending permit upon the expiration of the term of the revoked permit. (Ord. 3606 § 5, 2019)

Any person who has been denied a sidewalk vending permit or any person whose sidewalk vending permit has been suspended or revoked may request a hearing before the Appeals Hearing Board. The request for hearing must be made in writing and must be made within 10 calendar days from the date of the decision to deny, suspend, or revoke the permit. Upon receiving a written request for hearing, the Clerk for the Appeals Hearing Board shall set a hearing date, which shall occur no later than 45 days from the date of the request for hearing. The Clerk shall set forth in writing and send to the applicant or permittee, by means of registered mail, certified mail, or hand delivery, notice of the date, time, and place of the hearing at least five calendar days before the hearing. The Appeals Hearing Board shall consider any written or oral evidence presented to determine whether the suspension, revocation, or denial was in accordance with applicable laws. Formal rules of evidence shall not apply; any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Within a reasonable time following the conclusion of the hearing, the Appeals Hearing Board will issue a written decision, which shall be mailed to the applicant or permittee. The decision of the Appeals Hearing Board shall be final. (Ord. 3606 § 5, 2019)

Except as otherwise provided in this chapter, sidewalk vendors may only conduct transactions on public sidewalks in the public right-of-way and on pedestrian paths in City parks and all sidewalk vendors must comply with the following requirements:

a.Every sidewalk vendor must ensure that no obstruction is placed in the sidewalk or pedestrian path that would reduce the width of the sidewalk or pedestrian path to less than 48 inches, exclusive of the top of the curb.

b.No sidewalk vendor shall sell in a manner that blocks or obstructs the free movement of pedestrians or vehicles. The sidewalk vendor may not occupy space on any sidewalk or pedestrian path in such a way that would impede upon the required sidewalk width or path of travel requirement pursuant to the Americans with Disabilities Act of 1990 and other disability access standards.

c.While in transit 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.

d.The sidewalk vendor shall maintain the vending area in a clean, orderly, and sanitary condition. The sidewalk vendor shall provide trash and recycling receptacles to collect all trash and recycling materials.

e.The location of the sidewalk vending shall not block any entrance to any building, driveway, or parking space.

f.Sidewalk vendors shall not display any goods for sale on the ground. Displays may not be less than 28 inches or more than 60 inches off the ground. Sidewalk vendors shall not display any goods for sale on any above-ground structure.

g.Sidewalk vendors shall not connect to an external source of power, water, or any other utilities located on public property.

h.No sound amplification equipment, music, or live entertainment may be used in conjunction with any sidewalk vending.

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

j.Sidewalk vendors shall not leave vending equipment or goods unattended at any time. Any equipment or objects used for sidewalk vending purposes must be removed from public property at 10:00 p.m. or by the hours of operation imposed on other businesses or uses on the same street, whichever is least restrictive. Any equipment or objects used for sidewalk vending purposes left on City property outside of permitted sidewalk vending hours will be considered discarded and may be immediately seized or disposed of by the City.

k.To facilitate the enforcement of this Chapter, every sidewalk vendor must display their City-issued sidewalk vending permit on their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance when operating. Every sidewalk vendor must possess proof of insurance required by this Chapter when operating.

l.To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance on a public-right-of-way with a slope greater than five percent.

m.A stationary sidewalk vendor may place a chair on the sidewalk for the vendor’s personal use provided that a 48-inch clear pedestrian path along the sidewalk is maintained at all times. Restrictions on sitting on commercial sidewalks set forth in Section 32-6.2 are applicable.

n.To ameliorate sun exposure and not impede sidewalks, sidewalk vendors may have an umbrella if it is securely attached to the cart or stand and the lowest edge of any umbrella shall not be less than seven feet above the sidewalk surface.

o.Except as otherwise permitted under this chapter, no fences, shade structures, balloons, flags, banners, on-site furniture, blankets, mats, or freestanding signs are permitted in conjunction with the vendor’s vending activities.

p.No sidewalk vendor shall sell streamer spray, also known as aerosol string; confetti; plastic glitter; water balloons; or helium-filled balloons, including but not limited to balloons made of foil and latex.

q.The maximum size sign displayed by a sidewalk vendor shall be two square feet.

r.Sidewalk vending from a vendor to individuals in a parked car is prohibited.

s.No sidewalk vendor shall occupy a space exceeding 32 square feet, greater than eight feet in length, or four feet in width, including vending equipment but excluding the space the sidewalk vendor’s own person occupies.

t.No sidewalk vendor shall use or display any item, equipment, or structure greater than eight feet in height or that extends or overhangs more than four inches.

u.Sidewalk vending customer seating is prohibited.

v.No vending equipment may be attached to or contact any above-ground structure.

w.Sidewalk vending hours limitations in areas zoned for nonresidential use will be between 6:00 a.m. and 10:00 p.m. or the hours of operation imposed on other businesses or uses on the same street, whichever is least restrictive.

x.Roaming sidewalk vending is limited to the hours of 9:00 a.m. through 5:00 p.m. for areas that are exclusively residential.

y.Sidewalk vendors shall not use portable generators, outdoor wood burning ovens, charcoal barbecues, or gasoline or kerosene. (Ord. 3708 §§ 8 -- 13, 2025; Ord. 3606 § 5, 2019)

a.Stationary sidewalk vending shall not be located:

1.Within 10 feet of any:

A.Other sidewalk vendor;

B.Driveway;

C.Marked crosswalk; or

D.Fire escape.

2.Within 15 feet of any:

A.Intersection;

B.Building entrance;

C.Loading zone, parking space or access ramp designed for individuals with disabilities;

D.Fire hydrant;

E.Red curb marking (no parking);

F.Public restroom;

G.Any decorative fountain, statue, monument, memorial, or art installation; or

H.Curb ramp.

3.Within 25 feet of:

A.Outdoor dining or patio area;

B.Any beach access point;

C.Municipal Wharf No. 1; or

D.Municipal Wharf No. 2.

4.Within 100 feet of any:

A.Vehicle entrance to any fire station, police department, hospital, or any other structure dedicated to health and safety emergency matters; or

B.Street or sidewalk closure.

5.Within 500 feet of:

A.The property line of any school while children are going to or from the school, during a recess period, or within 20 minutes before or after the school’s opening or closing hours;

B.A permitted certified farmers’ market or any area subject to a special event permit for the duration of the permit; or

C.Any freeway on-ramp or off-ramp as defined in the California Vehicle Code.

b.Stationary sidewalk vendors are prohibited from:

1.Vending in areas that are exclusively residential; or

2.Vending within five feet of any above-ground structure.

c. Sidewalk Vending Location Allocation Process.

1.Sidewalk vending locations are available on a first-come, first-served basis.

2.Notwithstanding subsection (c)(1) of this section, the Community Development Director, or designee, is authorized to develop and implement a lottery or registration process and guidelines for the area between the Harbor Master’s office at 250 Figueroa Street to Wharf 1.

d.In addition to the other applicable requirements of this Chapter, sidewalk vending in City parks is subject to the following regulations, and in the event of a conflict between the provisions of this section and other provisions of this Chapter, this section shall govern sidewalk vending in City parks:

1.A stationary sidewalk vendor is prohibited from operating in a park for which the City has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that park. This provision applies to the El Estero Park Complex, Peter J. Ferrante Park, Jacks Ballpark, the Monterey Tennis Center, and such other parks for which the City Council may authorize exclusive concession agreements.

2.Sidewalk vending in City parks may only occur during the park’s normal open hours. Sidewalk vending is permitted between 8:00 a.m. and sunset in parks where there is no designated closing time.

3.Sidewalk vending in City parks may only occur on City sidewalks or designated pedestrian paths.

4.No vending shall occur within 100 feet of an area reserved with a valid BBQ/picnic facility use permit.

5.Sidewalk vendors shall not vend within 50 feet of another sidewalk vendor.

e.Sidewalk vending is prohibited on the sidewalk between the Harbor Master’s office located at 250 Figueroa Street and Wharf 1 within 12 feet of the walkway railing or rock causeway.

f.Sidewalk vending is prohibited during the hours of 11:00 a.m. and 6:00 p.m. Monday through Friday and 10:00 a.m. and 9:00 p.m. on weekends and holidays for the portion of Cannery Row between David Avenue and Hoffman Avenue.

g.No sidewalk vending shall be allowed in, on, along, or within 25 feet on either side of the centerline of Monterey Bay Coastal Recreation Trail within the City of Monterey.

h.Sidewalk vending is prohibited on sidewalks along Fairground Road between Garden Road and Airport Road for two hours before, during, and two hours after, major events at the Monterey Fairgrounds.

i.No sidewalk vending shall be allowed in, on, along, or within Simoneau Transit Plaza. (Ord. 3708 §§ 14 -- 22, 2025; Ord. 3606 § 5, 2019)

a.Every person vending without a sidewalk vending permit is only punishable by an administrative fine in an amount set by City Council resolution that is not to exceed the amount set forth in Government Code Section 51039(a)(3), as may be amended.

b.If an individual is cited for vending without a sidewalk vending permit, upon proof of a valid permit issued by the Director, the administrative fine in subsection (a) of this section will be reduced to the corresponding administrative fine in subsection (c) of this section.

c.Every person violating any other provision of this chapter is only punishable by an administrative fine in an amount set by City Council resolution that is not to exceed the amount set forth in Government Code Section 51039(a)(1), as may be amended.

d.Failure to pay an administrative fine assessed under this section is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the City may levy a lien on the violator’s real or personal property, including the vehicle used for vending purposes.

e.An administrative violation constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter. (Ord. 3606 § 5, 2019)

a.Any fine issued under Section 32-3.09 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.

b.If the requestor is receiving public benefits under Government Code Section 68632(a), or has a monthly income which is 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 will limit the total amount of the requestor’s administrative fine to 20 percent of the total and may:

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

2.Waive the administrative fine; or

3.Offer an alternative disposition. (Ord. 3606 § 5, 2019)

The following persons, entities or activities are exempt from the requirements of Monterey City Code Sections 32-3 through 32-3.10:

a.Any vendor or person engaged solely in artistic performances, free speech and/or petitioning activities;

b.Nonprofit educational institutions, fraternal and service clubs, bona fide religious organizations and agencies of any Federal, State or local governments; and

c.Businesses and trades that are exempt from licensing and tax regulations under Federal and State statutes. (Ord. 3606 § 5, 2019)

It shall be unlawful for any person to load or unload skin or scuba diving equipment in the Cannery Row area except in designated areas. It shall also be unlawful for any person to change into or out of any specialized equipment used in the activity of skin or scuba diving, including, but not limited to, wet suits, air tanks, flippers, face masks, weights, and similarly related equipment except in designated areas.

As used herein, the term “Cannery Row area” shall include that area within the City of Monterey bounded by Monterey Bay, the center line of the Drake Avenue right-of-way, the southerly line of the Foam Street right-of-way, and the easterly line of Cannery Row (sometimes called the Spence Street right-of-way).

Areas designated for changing or loading/unloading of equipment within the Cannery Row area shall be designated by the City Engineer and shall be prominently identified by signs establishing areas where such conduct is allowed, or by signs indicating that changing or loading/unloading is not allowed except in designated areas.