Morro Bay Municipal Code Ch. 5.60 Sidewalk Vendors

The following definitions apply to this chapter:

A. "Beach" means any public oceanfront, or bay front beach within the city.

B. "Cart" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.

C. "Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

D. "Food" means any item provided in Health and Safety Code Section 113781, or any successor section.

E. "Harassment" means any form of unauthorized or unpermitted touching, verbal abuse, blockage of pathways or interference with pedestrian traffic.

F. "Limited opportunity area" means an identified area in which a specific location request will need special review by public works, police and fire prior to permit approval or disapproval.

G. "Park" means the parks listed in the open space and conservation element of the general plan and identified in Table 5.60-2.

H. "Residential district" means any area zoned as a residential district in Title 17 of the Municipal Code or any other area with exclusively residential uses.

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

J. "Scenic pathway" means a non-vehicular trail or pathway for pedestrian, bicycle or equestrian use.

K. "Sidewalk vendor" means a person who sells food or merchandise from a cart or from one's person, upon a public sidewalk or other pedestrian path. Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors.

L. "Special event" means a city permitted event including, but not limited to, festivals, art shows, and/or cultural events.

M. "Stationary sidewalk vendor" means a sidewalk vendor who operates from a fixed location.

N. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

(Ord. No. 634, § 5, 6-23-20; Ord. No. 654, § 5, 11-22-22)

The requirements of this chapter shall not apply to the following persons:

A. Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.

B. Solicitors, as defined in Section 5.08.150.

C. Persons selling goods, wares, merchandise, or food from a motorized vehicle, including a food truck.

(Ord. No. 634, § 5, 6-23-20)

A. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid city business tax certificate in accordance with Chapter 5.04 of this code, and complying with all requirements of the business license, unless such person qualifies for an exemption under Chapter 5.04 of this code.

B. No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a sidewalk vendor permit in accordance with the requirements of this chapter and complying with all requirements of the permit.

C. A sidewalk vendor permit is valid for one year unless revoked or suspended prior to expiration. An application to renew a vendor permit under this chapter shall be made not later than ninety days before the expiration of the current permit.

D. Sidewalk vendor permits are only applicable to the persons named on the permit application and are not transferable.

E. A separate business tax certificate and sidewalk vendor permit is required for each cart.

(Ord. No. 634, § 5, 6-23-20)

An application for a sidewalk vendor permit shall be filed with the community development department and shall include all the following, to the extent applicable:

A. The name, address, and telephone number of the applicant and each person who will operate the cart.

B. A photo identification of the applicant and each person who will operate the cart.

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

D. A description of the cart, including the dimensions (height, width and length) of the cart, a graphic showing any signage to be used and the placement on the cart, identification of any power supply or heating element used by the cart, and a photograph of the cart.

E. A complete list of the food or merchandise to be sold.

F. The locations in the city where the sidewalk vendor intends to operate.

G. The days and hours during which the sidewalk vendor intends to operate.

H. A plan for the collection and disposal of trash and recyclables generated by the vending operation.

I. The sidewalk vendor's California seller's permit number (California Department of Tax and Fee Administration sales tax number).

J. A city business tax certificate.

K. A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.

L. If the sidewalk vendor intends to operate in the state's right-of-way, evidence of state authorization for such activities.

M. Proof of a policy of commercial general liability insurance in an amount not less than one hundred thousand dollars per occurrence and two hundred thousand dollars in the aggregate, issued by an insurance company licensed to do business in California and naming the city of Morro Bay, and its elected officials, officers, and employees, as additional insureds. Such policy shall not terminate or be canceled during the duration of the sidewalk vending permit without thirty days advance written notice to the city of Morro Bay.

N. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the city, its elected officials, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities.

O. A certification by the applicant that, to his or her knowledge and belief, the information contained in the application is true.

P. Payment of a permit fee as established by city council resolution.

(Ord. No. 634, § 5, 6-23-20)

A. Within thirty calendar days of receiving an application, the community development department will respond to the applicant with approval, or a list of items required to complete the permit review. Once the application is deemed complete, the community development director will approve or disapprove the application within thirty days. Issuance of sidewalk vending permits does not require public notification. Following administrative approval, a sidewalk vending permit, with appropriate conditions, will be issued.

B. The community development director's decision to issue or revoke a permit may be appealed by filing a notice of appeal with the city clerk within ten calendar days after the director's decision is issued. The director's decision shall be suspended during the pendency of an appeal. The appeal shall be heard by the city manager and his or her decision shall be final.

(Ord. No. 634, § 5, 6-23-20)

Notwithstanding any other requirement in this code, an applicant for a business tax certificate or sidewalk vendor permit shall not be required to submit a social security number for the issuance of such certificate or permit. In lieu of an otherwise required social security number, the city shall accept a California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order.

(Ord. No. 634, § 5, 6-23-20)

A. Display of and compliance with permit.

1. Each cart used by a sidewalk vendor must always display or have available a valid sidewalk vending permit.

2. All sidewalk vendors shall comply with the terms and conditions of the vending permit.

B. Time restrictions. Sidewalk vending is prohibited after nine p.m. and before eight a.m. in residential districts.

C. Carts.

1. In order to prevent obstructions of the public right-of-way, the total area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of five feet, a width of three feet, and a height, including roof or awning, of six feet.

2. In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, umbrellas, rack, sandwich-board or other free standing signage to increase the selling or display capacity of the cart unless such items are explicitly requested in the permit application and approved by the city. Trash receptacles can be separate from the cart and not included in the cart size restrictions.

3. Carts must be equipped with their own power and water supplies, if needed. Sidewalk vendors shall not use a power source or water source owned by the city or another person without such owner's consent.

4. In order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.

5. In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.

6. In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park.

D. Signage.

1. In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart, shall not protrude beyond the physical limits of the cart and shall not exceed three square feet.

2. In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, animation, or excessive fumes. Sidewalk vendors shall also comply with the noise regulations in Chapter 9.28 of this code.

E. Trash and Cleanliness.

1. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing (public or private) trash receptacles on sidewalks.

2. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area within a ten-foot radius around the vendor's cart during hours of operation and shall ensure that such area is always clean and trash-free.

3. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to the vending operation that is discharged on public property. Failure to comply will result in the City taking appropriate action to clean the discharge at the vendor's expense and will result in the suspension of the vending permit until the vendor reimburses the city for the cleanup costs.

F. Sales and Merchandise.

1. Vendors shall not sell any food or merchandise that was not listed in the vending permit application.

2. Vendors may not rent merchandise to customers.

3. Vendors shall not sell alcohol, cannabis products, adult oriented material, or vaping or tobacco products or paraphernalia.

G. Interactions with the Public.

1. In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles on a public street.

2. In order to ensure the public's enjoyment of natural resources and recreational opportunities, vendors shall not approach members of the public to sell food or merchandise in a park.

3. Vendors shall not block or impede the path of any member of the public, or block or impede the entrance to any building, park, beach, or other area.

4. All persons operating a cart shall stay within ten feet of the cart while the business is operating.

5. Vendors shall not harass any member of the public.

6. Sidewalk vendors shall not approach the entrance of any residence or business with the purpose of soliciting business.

H. Fire Safety.

1. Sidewalk vendors shall not cook with, or otherwise use, an open flame without specific approval by the fire department.

2. In order to protect health and safety, tanks containing propane or natural gas, large batteries, and any other container holding a combustible or flammable material shall be contained within a non-visible portion of the cart to prevent access by the public.

I. Operations after dark. In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with enough lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.

J. Inspection. Upon request, sidewalk vendors shall allow city personnel to inspect their cart for compliance with this chapter.

(Ord. No. 634, § 5, 6-23-20)

A. Prohibited Locations. Sidewalk vending is prohibited in the following locations and as shown in Table 5.60-1:

1. Any area other than a public sidewalk or other approved area within a public right-of-way.

2. On any sidewalk that is less than ten feet wide (does not apply to roaming sidewalk vending).

3. Beaches.

4. Scenic pathways.

5. State-owned property in the city, without state authorization.

6. Within one hundred feet of a police station or fire station.

7. Within fifteen feet of a fire hydrant or fifteen feet of a transit stop.

8. Within fifteen feet of the outer edge of a driveway or driveway apron or any location that obstructs visibility for vehicles entering or exiting from a driveway.

9. Adjacent to any marked loading zone or bus zone.

10. Within five feet of a curb return.

11. Within any residential district (does not apply to roaming sidewalk vending).

12. Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than four feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.

13. Within one hundred feet in any direction of the nearest vendor or concessionaire participating in a certified farmers' market or swap meet during the operating hours of the certified farmers' market or swap meet.

14. Within one hundred feet of a city-permitted special event, including but not limited to, parades, concerts, and movie filming, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within one hundred feet of any portion of the approved event route. For stationary events, vending shall be prohibited within one hundred feet of the parcel boundary for the location of the event.

Table 5.60-1 Sidewalk Vending Restrictions on Beaches, Trails, and State-Owned Land

B. Limited Opportunity Areas. The city of Morro Bay has unique characteristics that require limitations on sidewalk vending activities for safety, health and accessibility. The city's community development director is authorized to establish additional restrictions on sidewalk vending in limited opportunity areas, provided such restrictions shall comply with state law and shall be reasonably necessary to protect and promote safety, health and accessibility. Such limitations may include, but are not limited to, the number of sidewalk vending permits issued and hours of operation. Applicants will be notified of the limitations or special restrictions applicable to limited opportunity areas upon request and upon review of the sidewalk vending permit application.

C. Parks. The amount and type of sidewalk vendors allowed in city parks is limited as shown in Table 5.60-2.

Table 5.60-2 Vending Restrictions in Parks

(Ord. No. 634, § 5, 6-23-20)

A. Except as provided in subsections B, G, and H, a violation of this chapter may only be punished by the following:

1. An administrative fine not exceeding one hundred dollars for a first violation.

2. An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.

3. An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.

4. Rescission of the sidewalk vendor's permit for the term of that permit upon the fourth violation or subsequent violations.

B. Vending without a sidewalk vendor permit may be punished by the following:

1. An administrative fine not exceeding two hundred fifty dollars for a first violation.

2. An administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation.

3. An administrative fine not exceeding one thousand dollars for each additional violation within one year of the first violation.

C. Upon proof of a valid vendor permit, an administrative fine imposed under Section 5.60.090(B) shall be reduced to the respective administrative fine set forth in Section 5.60.090(A).

D. Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program nor a failure to pay an administrative fine imposed by Section 5.60.090(A) or (B) shall be punishable as an infraction or misdemeanor.

E. Any person who receives an administrative fine under Section 5.60.090(A) or (B) shall have the right to request an ability-to-pay determination.

1. The city shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.

2. A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.

3. Upon receipt of a request for an ability-to-pay determination, the city manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the city manager or his or her designee shall be final.

4. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the city shall reduce the fine to twenty percent of the amount of the fine originally imposed.

F. The city manager may, in his or her discretion, allow a person who receives an administrative fine under Section 5.60.090(A) or (B) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

G. Violations of the requirement to obtain a business tax certificate pursuant to Section 5.60.030(A) may be punished in accordance with the provisions of Chapter 5.04.

H. Nothing in the chapter shall be construed to limit the city's ability to enforce laws of general applicability against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are allowed by state or federal law or this code.

(Ord. No. 634, § 5, 6-23-20)