Chapter 5.97 — SIDEWALK VENDING PROGRAM

The purpose of this chapter is to establish a sidewalk vendor permitting and regulatory program that complies with California Government Code Section 51036 et seq. The provisions of this chapter allow the City to encourage small business activities by removing total prohibitions on portable food stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public’s health, safety and welfare.

A. The City Council hereby finds that, to promote the health, safety and welfare, restrictions
on street vending are necessary to:

1. Ensure no interference with:

a. The performance of police, firefighter, life-guard and emergency medical
personnel services;

b. The flow of pedestrian or vehicular traffic including ingress into, or egress from,
any residence, public building, or place of business, or from the street to the
sidewalk, by persons exiting or entering parked or standing vehicles;

2. Provide reasonable access for the use and maintenance of sidewalks, pathways, poles,
posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting
apparatus, mailboxes, as well as access to locations used for public transportation
services;

3. Maximize public access to and along the coast; and

4. Reduce exposure to the City for personal injury or property damage claims and
litigation.

B. The City Council hereby finds that the unique characteristics of the City require certain
restrictions on sidewalk vending as follows:

1. The Balboa Island Boardwalk is extremely narrow and has a high volume of
pedestrians traveling in each direction. Restrictions on sidewalk vending are
necessary to protect the public from injury given the Balboa Island Boardwalk’s
popularity as a tourist destination;

2. The Oceanfront Boardwalk is under twelve (12) feet in width in places and has a
centerline, which provides for a high volume of pedestrians, bicyclists, and roller
skaters to travel in each direction. Restrictions on sidewalk vending are necessary to
protect the public from injury given the Ocean-front Boardwalk’s popularity as a
tourist destination;

3. East Balboa Boulevard between Adams Street and A Street, Marine Avenue on
Balboa Island, and East Coast Highway between Avocado Avenue and Hazel Drive
are extremely popular tourist destinations with unusually high pedestrian and
vehicular traffic volumes. Restrictions on sidewalk vending are necessary to protect
the public from injury given the popularity of these tourist destinations;

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.010 NEWPORT BEACH CODE § 5.97.020

4. The Civic Center contains the City’s emergency operation center, the headquarters
for the Fire Department, and other critical infrastructure. Restrictions on sidewalk
vending are necessary to ensure that fire equipment is easily accessible and critical
infrastructure is maintained and accessible at all times;

5. Many of the City’s parks provide passive recreational opportunities and restrictions
on sidewalk vending are necessary to protect the natural resources and recreational
opportunities, as well as scenic and natural character of these parks;

6. Restrictions on sidewalk vending at active parks is necessary to protect the health,
safety and welfare of those persons engaged in active sports activities as well as
spectators of sporting activities; and

7. Many of the sidewalks and pathways in the City are under eight feet wide and
sidewalk vending in these areas would unreasonably interfere with the flow of
pedestrians and disrupt access for persons with disabilities.
(Ord. 2018-19 § 3 (part), 2018; Ord. 2023-22 § 361, 2023)

A. If a term or phrase is not defined in this part, or elsewhere in this code, the most common dictionary definition is presumed to be correct.

B. As used in this chapter, the following terms and phrases shall have the meaning ascribed to
them in this subsection, unless the context in which they are used clearly requires
otherwise:

1. “Alcohol” means an “alcoholic beverage” as defined in Section 20.70.020(A);

2. “Balboa Island Boardwalk” means the pathway area that borders the water and Grand
Canal on Balboa Island and Little Balboa Island;

3. “Beach” means any public oceanfront or bayfront beach within the City, including
ocean or bay public piers, public floats, public wharves or public strands adjoining
public oceanfront or bayfront beach areas;

4. “Cannabis” means the substances defined in Section 10.70.020(A);

5. “Certified farmers’ market” means a location operated in accordance with California
Food and Agricultural Code, Division 17, Chapter 10.5 Section 47000 et seq. and any
regulations adopted pursuant to that chapter;

6. “Fire station” means any facility where fire engines and other equipment of the City’s
Fire Department are housed;

7. “Food” means any item provided in California Health and Safety Code Section
113781;

8. “Heating element” means any device used to create heat for food preparation;

9. “Lifeguard headquarters” means the life-guard facilities located at the base of
Newport Pier, alongside the Balboa Pier, and on Corona Del Mar State Beach;

10. “Merchandise” means any item(s) that can be sold and immediately obtained from a

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.020 BUSINESS LICENSES AND REGULATIONS § 5.97.020

sidewalk vendor which is not considered food. Items for rent shall not be considered merchandise;

11. “Oceanfront Boardwalk” means the concrete walkway approximately twelve (12) to twenty-two (22) feet in width immediately adjacent to the sandy ocean beach (except where the beach has been improved with parking lots, parks or school play-grounds) and that runs from 36th Street to a point east of E Street. The Oceanfront Boardwalk is designated as West Ocean Front and East Ocean Front on the official City atlas;

12. “Park” means the parks listed in City Council Policy B-1, Exhibit A, or any successor policy. The City has both active parks and passive parks:

a. “Active parks” contain one or more sporting fields or actively encourage physical activity. The City’s active parks are listed as “community parks” and “neighborhood parks” in City Council Policy B-1, Exhibit A;

b. “Passive parks” are typically less developed than an active park, but may
contain features such as walking tracks, gardens, seating, barbecues, and picnic
areas. They do not usually contain sports infrastructure or encourage strenuous
physical activity, although they may contain playground equipment. The City’s
passive parks are listed as “view parks” in City Council Policy B-1, Exhibit A;

13. “Pathway” means a paved path or walkway owned by the City or other public entity
that is specifically designed for pedestrian travel, other than a sidewalk;

14. “Police station” means any facility where police vehicles and other equipment of the
Police Department are housed;

15. “Public property” means all property owned or controlled by the City, including, but
not limited to, buildings, alleys, beaches, boardwalks, parks, pathways, streets,
parking lots, sidewalks, and walking trails;

16. “Residential” means any area zoned exclusively as residential in Title 20 or 21 or is
designated exclusively for residential use as part of a PC (Planned Community)
Zoning District, Planned Community Development Plan, Planned Residential
District, Specific Plan District, Specific Plan Area, or residential overlay district or
their equivalent;

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

18. “Sidewalk” means that portion of a highway, other than the roadway, set apart by
curbs, barriers, markings or other delineation specifically designed for pedestrian
travel and that is owned by the City or other public entity;

19. “Sidewalk vending receptacle” or “sidewalk vendor receptacle” means a pushcart,
stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized
conveyance used for sidewalk vending activities;

20. “Sidewalk vendor” or “vendor” means a person(s) who sells food or merchandise
from a sidewalk vending receptacle or from one’s person upon a public sidewalk or
pathway;

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.020 NEWPORT BEACH CODE § 5.97.030

21. “Sidewalk vendor activities” or “sidewalk vending activity” means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vendor receptacles; 22. “Special event” means any special event described in Section 11.03.020(B); 23. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location; and 24. “Swap meet” means a location operated in accordance with California Business and Professions Code, Division 8, Chapter 9, Article 6, Section 21660 et seq., and any regulations adopted pursuant to that chapter. (Ord. 2018-19 § 3 (part), 2018; Ord. 2023-22 § 362, 2023)

A. No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within the City without first applying for and receiving a permit from the Administrative Services Director under this chapter.

B. A written application for a sidewalk vendor permit shall be filed with the Administrative
Services Director on a form provided by the City, and shall contain the following
information:

1. The name, address, and telephone number of the person applying to become a
sidewalk vendor;

2. The name, address, and telephone number of the person who will be in charge of any
roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the
person(s) working at the sidewalk vending receptacle;

3. The name, address, and telephone number of all persons that will be employed as
roaming sidewalk vendors or at a sidewalk vending receptacle;

4. The number of sidewalk vending receptacles the sidewalk vendor will operate within
the City under the permit;

5. The location(s) in the City where the sidewalk vendor intends to operate;

6. The day(s) and hours of operation the sidewalk vendor intends to operate at such
location(s);

7. Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming
sidewalk vendor and, if roaming, the intended path of travel;

8. The dimensions of the sidewalk vendor's sidewalk vending receptacle(s), including a
picture of each sidewalk vending receptacle operating under the permit and any signs
that will be affixed thereto;

9. Whether the sidewalk vendor will be selling food, merchandise, or both;

10. If the sidewalk vendor is selling food, a description of the type of food to be sold,
whether such foods are prepared on site, whether such foods will require a heating

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.030 BUSINESS LICENSES AND REGULATIONS § 5.97.040

element inside or on the sidewalk vending receptacle for food preparation, and the
type of heating element, if any;

11. If the vendor is selling merchandise, a description of the merchandise to be sold;

12. A copy of the health permit required for any sidewalk vendors selling food, as
required by Chapter 6.08;

13. Proof the person possesses a valid California Department of Tax and Fee
Administration seller's permit which notes the City as a location or sublocation, which
shall be maintained for the duration of the sidewalk vendor's permit;

14. An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws; 15. A certification that, to their knowledge and belief, the information contained within the application is true; 16. An agreement to indemnify the City, as approved by the City Attorney; 17. An acknowledgement that use of public property is at the sidewalk vendor's own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at their own risk; 18. An acknowledgement that the sidewalk vendor will obtain and maintain throughout the duration of any permit issued under this chapter any insurance required by the Risk Manager; 19. If the sidewalk vendor has operated in the City in the past, proof of prior sales tax allocation to the City; and 20. Any other relevant information required by the Administrative Services Director. C. Each application for a sidewalk vendor permit shall be accompanied by a nonrefundable application fee as established by resolution of the City Council. The application and permit is only applicable to the individual(s) named on the application. If said permit is approved, it shall not be necessary for the permittee to obtain a City business license to carry on the activities authorized by said permit, unless such permittee maintains a permanent place of business within the City. (Ord. 2018-19 § 3 (part), 2018; Ord. 2023-22 § 363, 2023; Ord. 2025-37, 1/13/2026)

A. Within 30 days of receiving a complete application, the Administrative Services Director may issue a sidewalk vendor permit, with appropriate conditions, as provided for herein, if he or she finds based on all of the relevant information that:

1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian
movement, or tend to interfere with or endanger the public peace or rights of nearby
residents to the quiet and peaceable enjoyment of their property, or otherwise be
detrimental to the public peace, health, safety or general welfare;

2. The conduct of the sidewalk vendor will not unduly interfere with normal

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.040 NEWPORT BEACH CODE § 5.97.050

governmental or City operations, threaten to result in damage or detriment to public
property, or result in the City incurring costs or expenditures in either money or
personnel not reimbursed in advance by the vendor;

3. The conduct of such sidewalk vending activity will not constitute a fire hazard, and
all proper safety precautions will be taken;

4. The conduct of such sidewalk vending activity will not require the diversion of police
officers to properly police the area of such activity as to interfere with normal police
protection for other areas of the City;

5. The sidewalk vendor has paid all previous administrative fines, completed all
community service, and completed any other alternative disposition associated in any
way with a previous violation of this chapter;

6. The sidewalk vendor has not had a permit revoked within the past 12 months;

7. The sidewalk vendor's application contains all required information;

8. The sidewalk vendor has not made a materially false, misleading or fraudulent
statement of fact to the City in the application process;

9. The sidewalk vendor has satisfied all the requirements of this chapter;

10. The sidewalk vendor has paid all applicable fees as set by City Council resolution;

11. The sidewalk vendor's sidewalk vending receptacle and proposed activities conform
to the requirements of this chapter;

12. The sidewalk vendor has adequate insurance coverage to protect the City from
liability associated with the sidewalk vendor's activities, as determined by the Risk
Manager; and

13. The sidewalk vendor has satisfactorily provided all information requested by the
Administrative Services Director to consider the vendor's application.

B. A sidewalk vendor permit is nontransferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this chapter.

C. All permits issued under this chapter shall expire 12 months from date of issuance.
(Ord. 2018-19 § 3 (part), 2018; Ord. 2023-22 § 364, 2023; Ord. 2025-37, 1/13/2026)

All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:

A. All food and merchandise shall be stored either inside or affixed to the sidewalk vendor
receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored,
placed, or kept on any public property. If affixed to the sidewalk vendor receptacle, the
overall space taken up by the sidewalk vendor receptacle shall not exceed the size
requirements provided in this section;

B. The sidewalk vendor permit shall be displayed conspicuously at all times on the sidewalk

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.050 BUSINESS LICENSES AND REGULATIONS § 5.97.050

vending receptacle or the sidewalk vendor’s person. If multiple sidewalk vendors are
staffing a sidewalk vendor receptacle or working as roaming sidewalk vendors, each person
shall wear their permit on their person in a conspicuous manner;

C. Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit
business for their sidewalk vending activities;

D. All signage and advertising related in any way to the sidewalk vendor shall be attached to
the sidewalk vending receptacle, if any, or the sidewalk vendor’s person;

E. Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated sign;

F. Sidewalk vending receptacles shall not be stored on public property and shall be removed
when not in active use by a sidewalk vendor;

G. All sidewalk vendors shall allow a police officer, firefighter, life safety services officer,
code enforcement officer, health inspector, or other government official charged with
enforcing laws related to the street vendor’s activities, at any time, to inspect their sidewalk
vending receptacle for compliance with the size requirements of this chapter and to ensure
the safe operation of any heating elements used to prepare food;

H. Sidewalk vending receptacles and any attachments thereto shall not exceed a total height
of four feet, a total width of four feet, and a total length of four feet;

I. No sidewalk vending receptacle shall contain or use propane, natural gas, batteries, or other
explosive or hazardous materials;

J. If a sidewalk vending receptacle requires more than one person to conduct the sidewalk
vending activity, all sidewalk vendors associated with the sidewalk vending receptacle
shall be within five feet of the sidewalk vending receptacle when conducting sidewalk
vending activities;

K. Sidewalk vendors that sell food shall have in their possession at all times they are conducting sidewalk vending activities the health permit required by Chapter 6.08, or any successor chapter;

L. Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk
vending receptacle and shall not empty their trash into public trashcans. The size of the
vendor’s trash container shall be taken into account when assessing the total size limit of a
sidewalk vending receptacle. Sidewalk vendors shall not leave any location without first
picking up, removing, and disposing of all trash or refuse from their operation;

M. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related
to sidewalk vending activities that falls on public property;

N. Sidewalk vendors shall maintain a minimum four-foot clear accessible path free from
obstructions, including sidewalk vending receptacles and customer queuing area;

O. Sidewalk vendors shall comply with the noise standards provided in Chapters 10.26 and
10.28, or any successor chapters;

P. In passive parks, sidewalk vendors shall not approach persons to sell food or merchandise;

Q. In active parks, sidewalk vendors shall not interfere in any way with anyone engaged in a

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.050 NEWPORT BEACH CODE § 5.97.060

sporting activity and shall not approach spectators who are watching a sporting activity to
sell food or merchandise; and

R. Sidewalk vendors shall ensure that all required insurance is in effect prior to conducting
any sidewalk vendor activities and maintained for the duration of the permit.
(Ord. 2018-19 § 3 (part), 2018)

A. Sidewalk vendors shall comply with all operating conditions including those conditions set forth in Section 5.97.050, or any successor sections.

B. Sidewalk vending receptacles shall not touch, lean against or be affixed at any time to any
building or structure including but not limited to lampposts, parking meters, mailboxes,
traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.

C. Sidewalk vendors shall not engage in any of the following activities:

1. Renting merchandise to customers;

2. Displaying merchandise or food that is not available for immediate sale;

3. Selling of alcohol, marijuana, adult oriented material, tobacco products, products that
contain nicotine or any product used to smoke/vape nicotine or marijuana;

4. Using an open flame on or within any sidewalk vending receptacle;

5. Using an electrical outlet or power source that is owned by the City or another person
other than the sidewalk vendor;

6. Conducting sidewalk vending activities:

a. Anywhere in the City between the hours of 10:00 p.m. and 7:00 a.m. daily;

b. On sidewalks or pathways directly adjacent to or within residential areas,
between the hours of 9:00 p.m. and 8:00 a.m. daily;

7. Continuing to offer food or merchandise for sale, following, or accompanying any
person who has been offered food or merchandise after the person has asked the
sidewalk vendor to leave or after the person has declined the offer to purchase food
or merchandise;

8. Knowingly making false statements or misrepresentations during the course of
offering food or merchandise for sale;

9. Blocking or impeding the path of the person(s) being offered food or merchandise to
purchase;

10. Making any statement, gesture, or other communication which a reasonable person in
the situation of the person(s) being offered food or merchandise to purchase would
perceive to be a threat and which has a reasonable likelihood to produce in the
person(s) a fear that the threat will be carried out;

11. Touching the person(s) being offered food or merchandise without that person(s)’
consent;

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.060 BUSINESS LICENSES AND REGULATIONS § 5.97.060

12. Advertising any product or service that is not related to the food or merchandise being offered for immediate sale; or

13. Placing their sidewalk vending receptacles outside of any pathway or sidewalk when engaging in sidewalk vending activities.

D. Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:

1. The Oceanfront Boardwalk, including any portion of paved path extending from the
Oceanfront Boardwalk into the beach;

2. The Balboa Island Boardwalk;

3. East Balboa Boulevard between Adams Street and A Street, Marine Avenue on
Balboa Island, and East Coast Highway between Avocado Avenue and Hazel Drive;

4. The Civic Center;

5. Any public property that does not meet the definition of a sidewalk or pathway
including, but not limited to, any alley, beach, pier, square, street, street end, or
parking lot;

6. Within two hundred (200) feet of:

a. A police station;

b. A fire station;

c. A lifeguard tower;

d. Lifeguard headquarters;

e. A permitted certified farmers’ market or swap meet during the limited operating
hours of that certified farmers’ market or swap meet;

f. An area designated for a special event permit issued by the City, during the
limited duration of the special event, if the City provides the sidewalk vendor
any notice, business interruption mitigation, or other rights the City provided to
any affected businesses or property owners under the City’s special event
permit;

7. Within one hundred (100) feet of:

a. Another sidewalk vendor;

b. A public or private school, a place of worship, or a large or general child day-
care facility;

c. The intersection of a street and a sidewalk;

d. Any public picnic area, playground area or playground equipment;

e. Any public community center, pier, athletic field, sailing center, softball/
baseball diamond, basketball court, handball court, pickleball court, tennis
court, soccer field, or volleyball court;

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.060 NEWPORT BEACH CODE § 5.97.070

f. Any public marina;

g. The portion of any City facility that is renting merchandise or selling food to the
public or where the rental merchandise is stored;

h. Any police officer, firefighter, lifeguard or emergency medical personnel who
are actively performing their duties or providing services to the public;

8. Within twenty-five (25) feet of a:

a. Fire hydrant;

b. Curb which has been designated as white, yellow, green, blue, or red zone, or a bus zone;

c. Automated teller machine;

d. Driveway, alley, or entrance to a parking lot or parking garage;

e. Entrance or exit to a building, structure or facility; or

f. Trash receptacle, bike rack, bench, bus stop, restroom, or similar public use
items.

E. Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk
vending activities:

1. On any sidewalk or pathway that is not a minimum width of eight feet;

2. At any park where the City has signed an agreement for concessions that exclusively
permits the sale of food or merchandise by a concessionaire; or

3. On sidewalks or pathways directly adjacent to or within residential areas.
(Ord. 2018-19 § 3 (part), 2018)

Violations of this chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citation and revocation structure:

A. Except as otherwise provided in this chapter, any violation of this chapter shall be assessed
administrative fines in the following amounts:

1. An administrative fine not exceeding one hundred dollars ($100.00) for a first
violation;

2. An administrative fine not exceeding two hundred dollars ($200.00) for a second
violation within one year of the first violation;

3. An administrative fine not exceeding five hundred dollars ($500.00) for each
additional violation within one year of the first violation;

B. If a sidewalk vendor violates any portion of this chapter and cannot present the citing
officer with a proof of a valid permit, the sidewalk vendor shall be assessed administrative
fines in the following amounts:

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.070 BUSINESS LICENSES AND REGULATIONS § 5.97.080

1. An administrative fine not exceeding $250 for a first violation;

2. An administrative fine not exceeding $500 for a second violation within one year of the first violation;

3. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation;

C. Upon proof of a valid permit issued by the City, the administrative fines set forth in subsection (B) of this section shall be reduced to the administrative fines set forth in subsection (A) of this section, or any successor sections; and

D. The Administrative Services Director may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations within one year of the first violation. (Ord. 2018-19 § 3 (part), 2018; Ord. 2023-22 § 365, 2023; Ord. 2025-37, 1/13/2026)

A. Administrative citations shall be appealed in the following manner:

1. Any recipient of an administrative citation may request an ability-to-pay
determination, contest that there was a violation of this Code, and/or that he or she is
the responsible person, by completing a request for hearing form and returning to the
City's Administrative Services Department in accordance with § 1.05.060(A).
Notwithstanding the time limits set forth in § 1.05.060(A), any person requesting a
hearing and ability-to-pay determination may file the request within the time frames
set forth in California Government Code § 51039(f)(1).

2. Any recipient of an administrative citation may file for a hardship waiver in
accordance with § 1.05.060(B), or any successor section;

3. All appeals of administrative citations shall be heard by a Hearing Officer designated
pursuant to § 1.05.070(A), or any successor section, and the Hearing Officer may be
disqualified as provided in § 1.05.070(B), or any successor section;

4. In addition to the powers set forth in § 1.05.070(C)(1) through (4) and (6) through (7),
or any successor section, the Hearing Officer shall have the power to:

a. Reduce the fine based upon the person's ability to pay the fine;

b. If the Hearing Officer finds the person meets the criteria described in California
Government Code § 68632(a) or (b), the Hearing Officer shall order the City to
accept, in full satisfaction, 20% of the administrative fine imposed pursuant to
this chapter;

c. The Hearing Officer may allow the person to complete community service in
lieu of paying the total administrative fine, may waive the administrative fine,
or may offer an alternative disposition;

5. All appeals of administrative citations shall be conducted in accordance with
§ 1.05.080, or any successor section;

6. After considering all of the testimony and evidence submitted at the hearing, the

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.080 NEWPORT BEACH CODE § 5.97.080

Hearing Officer shall issue a written decision within 10 days of the hearing and shall
list in the decision the reasons for that decision:

a. The Hearing Officer may uphold or deny the administrative citation or take any
other action within the Hearing Officer's power;

b. If the Hearing Officer determines that the administrative citation should be upheld and a fine assessed, then the amount of the fine assessed that is on deposit with the City shall be retained by the City and any remainder on deposit with the City, if any, shall be promptly returned;

c. If the Hearing Officer determines that the administrative citation should be
denied, or imposes an alternative disposition, and the fine was deposited with
the City, then the City shall promptly refund the amount of the deposited fine;

d. The decision of the Hearing Officer shall be final as to the City but subject to
judicial review pursuant to California Government Code § 53069.4; and

e. The recipient of the administrative citation shall be served with a copy of the
Hearing Officer's written decision in the manner provided in § 1.08.080.

B. Decisions of the Administrative Services Director to revoke a permit shall be appealed in
the following manner:

1. Appeals shall be initiated within 15 days of service of notice of the decision in the
manner provided in § 1.08.080;

2. Appeals of decisions shall be made in writing on forms provided by the City;

3. Decisions that are appealed shall not become effective until the appeal is resolved;

4. All appeals of decisions shall be heard by a Hearing Officer designated pursuant to
§ 1.05.070(A), and the Hearing Officer may be disqualified as provided in
§ 1.05.070(B);

5. The Hearing Officer shall have the powers set forth in § 1.05.070(C)(1) through (4)
and (6);

6. A hearing before the Hearing Officer may be set for a date that is not less than 15 and
not more than 60 days from the date that the request for hearing is filed in accordance
with the provisions of this chapter. The responsible person requesting the hearing
shall be notified of the time and place set for the hearing at least 10 days prior to the
date of the hearing. The City and responsible person may mutually agree to waive,
modify or change the date of the proceeding;

7. All appeals of decisions shall be conducted in accordance with § 1.05.080(B), (D),
(F), and (G), and shall comply with the following additional procedures:

a. At least 10 days prior to the hearing, the responsible person requesting the
hearing shall be provided with copies of the citations, reports and other
documents or evidence submitted or relied upon by the Administrative Services
Director;

b. No other discovery is permitted. Formal rules of evidence shall not apply.

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.97.080 BUSINESS LICENSES AND REGULATIONS § 5.97.080

Administrative hearings are intended to be informal in nature. Any relevant
evidence shall be admitted if it is the type of evidence on which reasonable
persons are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rules, which might make improper the
admission of such evidence over objection in civil actions in courts of competent
jurisdiction in this State. Irrelevant and unduly repetitious evidence shall be
excluded;

c. The failure of any responsible person who has filed an appeal to appear at the
hearing shall constitute a failure to exhaust their administrative remedies;

8. After considering all the testimony and evidence submitted at the hearing, the Hearing
Officer shall issue a written decision within 10 days of the hearing and shall list in the
decision the reasons for that decision:

a. The Hearing Officer may uphold or deny the decision and the decision of the
Hearing Officer shall be final as to the City but subject to judicial review
pursuant to California Code of Civil Procedure § 1094.5; and

b. The responsible person who has filed an appeal shall be served with a copy of
the Hearing Officer's written decision, by the City Clerk, in the manner provided
in § 1.08.080.
(Ord. 2018-19 § 3 (part), 2018; Ord. 2023-22 § 366, 2023; Ord. 2025-37, 1/13/2026)

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 5.98.010 BUSINESS LICENSES AND REGULATIONS § 5.98.030