Chapter 5.89 — SIDEWALK VENDING

The city finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semipermanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

(Ord. 2077, 9/14/2023)

For purposes of this Chapter, the following definitions apply:

"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.

"City" means the City of Palm Springs.

"Park" means a public park owned by the city.

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

"Sidewalk vendor or vending" means a person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other public pedestrian path. "Sidewalk vendor or vending" does not mean a "solicitor," as that term is defined in Section 5.48.010. "Sidewalk vendor or vending" does not include a vendor on private property; such vendors are regulated by Palm Springs Zoning Code Section 94.02.01, which requires a land use permit for such use.

"Stationary sidewalk vendor or vending" means a sidewalk vendor who vends from a fixed location.

"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.

"Temporary special event" means an event that is permitted pursuant to Palm Springs Zoning Code Section 94.02.01, or as otherwise permitted and authorized by the city. (Ord. 2077, 9/14/2023)

• A. Each sidewalk vendor shall obtain a business license from the City prior to engaging in any sidewalk vending activities. Each sidewalk vendor shall obtain a separate business license for each location within the City where the vendor will be vending. The following

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.89.030

§ 5.89.040

information shall be required:

1. Name, current mailing address, and phone number of the vendor.

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

3. A description of the merchandise/goods to be offered for sale or exchange, and the days/hours of sales.

4. A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor.

5. A copy of the valid California Driver's license issued to the vendor, a copy of the individual taxpayer identification number issued to the vendor or a municipal identification number. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and 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.

6. If preparing or selling food, a copy of the County Health Department permit issued to the vendor, except when the sidewalk vendor consists solely of 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncut produce will be sold. If potentially hazardous food or processed produce will be sold or the food or the display area is greater than 25 square feet, the vendor must provide a copy of the County Health Department permit issued to the vendor.

7. If the vendor proposes to be a sidewalk vendor, a description or 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 unobstructed accessible route area, in compliance with the Americans with Disabilities Act.

8. A copy of general liability policy naming the City as additional insured in the amount of $1,000,000.00 per occurrence and $2,000,000.00 combined.

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

• B. At the time the application or renewal application is filed, the application shall pay the permit processing fee established, and amended from time to time, by separate resolution of the City Council.

• (Ord. 2077, 9/14/2023)

• A. Upon acceptance of a properly completed and filed sidewalk vendor permit application, the City Manager or designee shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than 30 days of acceptance to approve or deny the application. The City Manager or designee shall provide the applicant with written notice of their decision to the address indicated in the application.

• B. The City Manager or designee may deny an application for a permit if they make any of

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City of Palm Springs, CA § 5.89.040

PALM SPRINGS CODE

§ 5.89.050

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 California Driver's license; or valid individual taxpayer identification number; or a 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. 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 they seek to engage.

• C. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that their application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.

• D. If the City Manager or designee approves the applicant's permit, they shall endorse their approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

• E. Exemptions. A sidewalk vending permit shall not be required for the following activities:

  1. The sale of agriculture products on the site where the product is grown.

  2. Catering for private parties held exclusively on private property and not open to the general public.

  3. Events permitted pursuant to a lawfully issued temporary event permit including, but not limited to, a certified farmers market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.

  4. First Amendment protected vending.

• F. Term of Permit. A business license issued pursuant to this Chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit.

• G. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

• (Ord. 2077, 9/14/2023)

• A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City, including the G-R-5, R-1, R-G-A, R-2, R-3, R-4, R-4-VP, and R-MHP zones.

• B. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed-use zones, provided they meet the following:

  1. The sidewalk vendor is duly licensed and meets all requirements of Section 5.89.030; and

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.89.050

§ 5.89.050

2. The sidewalk vendor can set up their vending operation while still leaving a minimum of 48 inches of unobstructed accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

3. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid health permit issued by the county in a conspicuous location, except when the sidewalk vendor consists solely of 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncut produce will be sold. If potentially hazardous food or processed produce will be sold or the food display area is greater than 25 square feet, the vendor must display a valid health permit issued by the county in a visible location; and

4. Any sidewalk vendor food cart shall possess a current county decal sticker posted on the food cart, except when the sidewalk vendor consists solely of 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncut produce will be sold. If potentially hazardous food or processed produce will be sold or the food display area is greater than 25 square feet, the vendor must post on the food cart a current decal sticker; and

5. If the sidewalk vendor is selling food, all employees shall possess a current food handler's card, issued by the county; and

6. Sidewalk vending hours shall be conducted only between the hours of one-half hour before sunrise and 3:00 a.m. of every day; and

7. The sidewalk vendor must maintain the vending area in a clean, orderly, and sanitary condition, including upon departure of the vending area after its use; and

8. No vending shall occur within 10 feet of any entrance or exit of any building, or any driveway, parking space or building window; and

9. No vending shall occur within 10 feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, bike rack, public bench, fire station driveway, or police station driveway; and

10. No dining tables, chairs, fences, or other site furniture shall be permitted in conjunction with the vendors vending activities. Sidewalk vendors may have one umbrella or tent structure, not to exceed 100 square feet in area; the umbrella or tent structure shall not encroach into the accessible path of travel or onto private property; and

11. During operations, no food shall be stored, displayed, or served from any place other than the approved food cart. The use of side units, coolers, benches, or tables for food preparation, storage or display is prohibited; and

12. Vendors selling food potentially hazardous food products shall provide a refuse container for customers within 20 feet of the food cart; and

13. The vendor may have a maximum of one sign not to exceed eight square feet in area, or two signs not to exceed four square feet in area each. The signage must be affixed to the cart, showcase, rack, umbrella, or tent structure, and shall not be freestanding; and

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City of Palm Springs, CA § 5.89.050

PALM SPRINGS CODE

§ 5.89.060

14. The vendor shall not attach or use any water lines, electrical or telecommunication lines, or gas lines during vending operations; and

15. Any lighting associated with the vending operation shall be downward directed and shall comply with the outdoor lighting requirements listed in Palm Springs Zoning Code Section 93.21.00; and

16. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and

17. Vendors utilizing sound amplifying devices or musical instruments shall be subject to the requirements of Section 11.74.043(f) of the Palm Springs Municipal Code; and

18. No vending shall occur within 200 feet of a certified farmers market, a swap meet, or an event held pursuant to a temporary event permit; and

19. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into the City streets, storm drains, catch basins, or sewer facilities. Any discharge shall be contained and properly disposed of by the sidewalk vendor; and

20. Due to issues of traffic visibility, no vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of 30 feet from the intersection of such lines at the corner of a street or highway; and

21. Sidewalk vendors shall comply with all applicable fire code requirements in the use of an open flame or charcoal in the preparation of food products. Any smoke or odors produced through the preparation of food products shall be subject to the regulations contained in Palm Springs Municipal Code Section 6.08.020; and

22. Due to increased pedestrian and vehicular traffic during these times, no vending shall occur from Friday through Sunday during the hours of 4:00 p.m. to 11:00 p.m. from October 1st through April 30th on Palm Canyon between Baristo Road to the south and Alejo Road to the north or on Arenas between Indian Canyon Drive to the west and Calle Encilia to the east; and

23. Sidewalk vendors and any employees and agents must comply with all applicable federal and state labor laws and regulations; and

24. This Chapter shall not be construed to prevent sidewalk vendors from entering into partnerships or other arrangements with restaurants to use those restaurants' kitchens or restroom facilities, or both, so long as such restaurant facilities remain compliant with applicable laws and regulations, including, but not limited to, Riverside County Environmental Health laws and regulations.

25. Sidewalk vendors shall use reusable food service ware and reusable food service ware accessories in accordance with Palm Springs Municipal Code Chapter 5.87.

(Ord. 2077, 9/14/2023)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.89.060

§ 5.89.060

• A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any city park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise or in an area occupied by a certified farmers market.

• B. Sidewalk vendors may operate in city parks provided they meet the following:

  1. The sidewalk vendor is duly licensed and meets all requirements of Section 5.89.030; and

  2. For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of 48 inches of unobstructed accessible path of travel, without obstruction, along the public sidewalk or public pathway. Stationary sidewalk vendors may also set up their vending operation in the grassed areas of public parks provided such area is not utilized as an athletic field; and

  3. The sidewalk vendor shall cease operations one hour prior to the close of the park but may still be present in the park until the time of park closure in order to pack up their things and/or enjoy the park; and

  4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition, including upon departure of the vending area after its use; and

  5. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid health permit issued by the county in a conspicuous location, except when the sidewalk vendor consists solely of 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncut produce will be sold. If potentially hazardous food or processed produce will be sold or the food or the display area is greater than 25 square feet, the vendor must display a valid health permit issued by the county in a conspicuous location; and

  6. Any sidewalk vendor food cart shall possess a current county decal sticker posted on the food cart, except when the sidewalk vendor consists solely of 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncut produce will be sold. If potentially hazardous food or processed produce will be sold or the food display area is greater than 25 square feet, the vendor must post on the food cart a current decal sticker; and

  7. No vending shall occur within 10 feet of any entrance or exit of any building, or any driveway, parking space or building window; and

  8. No dining tables, chairs, fences, or other site furniture shall be permitted in conjunction with the vendors vending activities. Sidewalk vendors may have one umbrella or tent structure, not to exceed 100 square feet in area; the umbrella or shade structure shall not encroach into the accessible path of travel; and

9. During operations, no food shall be stored, displayed, or served from any place other than the approved food cart. The use of side units, coolers, benches, or tables for food preparation, storage or display is prohibited; and

   10. Vendors selling food potentially hazardous food products shall provide a refuse container for customers within 20 feet of the food cart; and

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 5.89.060

§ 5.89.070

11. Vendors utilizing sound amplifying devices or musical instruments shall be subject to the requirements of Section 11.74.043(f) of the Palm Springs Municipal Code; and

12. The vendor may have a maximum of one sign not to exceed eight square feet in area, or two signs not to exceed four square feet in area each. The signage must be affixed to the cart, showcase, rack, umbrella, or tent structure, and shall not be freestanding; and

13. Any lighting associated with the vending operation shall be downward directed and shall comply with the outdoor lighting requirements listed in Palm Springs Zoning Code Section 93.21.00.

14. No vending shall occur within the 200 feet of an event held pursuant to a temporary event permit, a swap meet, or an event held pursuant to a temporary event permit; and

15. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the sidewalk vendor; and

16. Due to issues of traffic visibility, no vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of 30 feet from the intersection of such lines at the corner of a street or highway.

17. Sidewalk vendors and any employees and agents must comply with all applicable federal and state labor laws and regulations.

18. Sidewalk vendors shall use reusable food service ware and reusable food service ware accessories in accordance with Palm Springs Municipal Code Chapter 5.87.

(Ord. 2077, 9/14/2023)

• A. Roaming sidewalk vendors shall meet the following:

  1. The sidewalk vendor is duly licensed and meets all requirements of Section 5.89.030; and

  2. Sidewalk vending hours for residential zones shall be conducted between the hours of one-half hour before sunrise and one-half hour after sunset; and

  3. Sidewalk vending hours for non-residential zones shall be conducted only between the hours of one-half hour before sunrise and 3:00 a.m. of every day; and

  4. The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition, including upon departure of the vending area after its use; and

  5. No vending shall occur within 10 feet of any entrance or exit of any building, or any driveway, parking space or building window; and

  6. The vendor may have a maximum of one sign not to exceed eight square feet in area; and

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.89.070

§ 5.89.090

7. Vendors utilizing sound amplifying devices or musical instruments shall be subject to the requirements of Section 11.74.043(f) of the Palm Springs Municipal Code; and

8. No vending shall occur within 200 feet of a certified farmers market, a swap meet, or an event held pursuant to a temporary event permit; and

9. Due to issues of traffic visibility, no vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of 30 feet from the intersection of such lines at the corner of a street or highway; and

10. Due to increased pedestrian and vehicular traffic during these times, no vending shall occur from Friday through Sunday during the hours of 4:00 p.m. to 11:00 p.m. from October 1st through April 30th on Palm Canyon between Baristo Road to the south and Alejo Road to the north or on Arenas between Indian Canyon Drive to the west and Calle Encilia to the east; and

11. Sidewalk vendors and any employees and agents must comply with all applicable federal and state labor laws and regulations.

• (Ord. 2077, 9/14/2023)

The City Council may establish sidewalk vending zones by resolution to encourage sidewalk vending activity in areas where impacts to public health, safety and welfare are minimized. In establishing sidewalk vending zones, the City Council may waive certain operational standards of this Chapter, including hours of operation, shade structure limitations, site furniture limitations, and other similar standards provided such waivers are identified in the adopting resolution.

(Ord. 2077, 9/14/2023)

• A. A sidewalk vendor permit issued under this Chapter may be suspended or rescinded by the City Manager or designee after two or more violations of this Chapter in accordance with Section 5.89.100 of this Chapter, at their discretion, for any of the following causes:

  1. Fraud or misrepresentation in the course of vending;

  2. Fraud or misrepresentation in the application for the permit;

  3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

• B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

• C. No person whose street vending permit has been revoked pursuant to this chapter shall be issued a street vending permit for a period of two years from the date revocation becomes final.

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 5.89.090

§ 5.89.110

• (Ord. 2077, 9/14/2023)

In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the City Manager or designee made under the provisions of this Chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision pursuant to Section 3.68.010.

(Ord. 2077, 9/14/2023)

• A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A violation of this Chapter shall by punished by:

  1. An administrative fine not exceeding $50.00 for a first violation.

  2. An administrative fine not exceeding $100.00 for a second violation within one year of the first violation.

  3. An administrative fine not exceeding $250.00 for each additional violation within one year of the first violation.

• B. A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection A, set forth above, be punished by:

  1. An administrative fine not exceeding $125.00 for a first violation.

  2. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.

  3. An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.

• C. If an individual is subject to subsection B, set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this Chapter shall be reduced to the administrative fines set forth in subsection A, respectively.

• D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be deposited in the treasury of the City.

• E. Failure to pay an administrative fine assessed under this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Chapter shall not be assessed.

• F. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.

• G. When assessing an administrative fine pursuant to this Chapter, the adjudicator 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

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.89.110

§ 5.89.110

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.

1. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the City shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this Chapter.

2. The City 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.

• H. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

• I. Nothing contained in this Chapter shall be construed to impede the City's or county's ability to enforce county health department codes and regulations. In addition, nothing contained in this Chapter shall be construed as limiting the application of any other federal, state or local laws, including, without limitation, laws regulating the display or sale of "harmful matter" pursuant to California Penal Code Sections 313 et seq., or the sale of counterfeit goods pursuant to California Penal Code 350.

• (Ord. 2077, 9/14/2023)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.91.010

§ 5.91.020