Chapter 4.12 — SIDEWALK VENDORS

This Chapter 4.12 implements a sidewalk vendor program as permitted by Government Code

section 51306 et seq.

(Ord. 5610 § 3 (part), 2024)

(a) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other city-owned pedestrian path.

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

(c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.

(Ord. 5610 § 3 (part), 2024)

Sidewalk vendors are permitted except:

(a) Within 100 feet of the outer perimeter of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “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. A “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.

(b) Within 100 feet of the outer perimeter of an area designated for a temporary special permit issued by the city, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the city’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this subsection, a temporary special permit is a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this subsection shall only be effective for the limited duration of the temporary special permit.

(c) Within 100 feet of the outer perimeter of a school during in-person instructional time.

(d) Within zones that are exclusively residential as defined in Chapter 18 (Zoning) of the Palo Alto Municipal Code. This subsection (d) shall only apply to stationary sidewalk vendors.

(e) In city owned or operated parks in which the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

(Ord. 5610 § 3 (part), 2024)

(a) No sidewalk vendor shall be located in a manner that:

(1) Impedes access to any city inspection, maintenance and operational devices or controls;

(2) Blocks curbside access to a loading zone, as defined in Section10.40.010;

(3) Impedes pedestrian access from curbside vehicles to the adjacent sidewalk;

(4) Impedes the use of sidewalk bumps or other tactile paving by use of the visually impaired;

(5) Impedes access to a driveway;

(6) Is situated between a duly permitted parklet or other on-street use and the adjacent storefront.

(b) No sidewalk vendor shall be permitted on a public sidewalk within a distance of ten feet from corner curb lines and corner crosswalks.

(c) In areas zoned community commercial (CC), commercial downtown (CD) and in areas of the downtown zoned public facility (PF), no sidewalk vendor shall be permitted within a minimum sidewalk clearance width of eight feet between fixed objects, planter wells and/or curbs. Other than in the above locations, the minimum sidewalk clearance width for a sidewalk vendor shall be at least half of the sidewalk but not less than three feet.

(d) Sidewalk vendors shall be considered “retail” businesses for the purpose of Section18.42.040 (Late Night Uses and Activities) and shall be subject to its provisions. Sidewalk vendors in violation of Section 18.42.040 shall be subject to the penalties in Section 4.12.060.

(e) Sidewalk vendors shall possess a valid California Department of Tax and Fee Administration seller’s permit and any other permit or license required by law, including a permit from the County of Santa Clara for mobile food facilities, if applicable.

(f) Sidewalk vendors shall follow all other generally applicable laws.

(g) The City Manager or designee may promulgate regulations regarding the size, placement, safety, and operational requirements or restrictions of sidewalk vendors.

(Ord. 5610 § 3 (part), 2024)

(a) Notwithstanding Section 22.04.160 (Commercial Activities and Solicitation), a sidewalk

vendor may operate in city parks, including those dedicated inChapter 22.08 (Park Dedications), unless specifically restricted pursuant to statute or regulation.

(b) Following the procedure in Section 22.04.030 (Compliance Required), the City Manager may promulgate regulations regulating the time, place, and manner of sidewalk vending in parks owned or operated by the city if the requirements are any of the following:

(1) Directly related to objective health, safety, or welfare concerns;

(2) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; or

(3) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.

(c) It shall be a violation for any person to violate any provision in the regulations authorized by subsection (b) of this section. Violators will be subject to the penalties in Section 4.12.060.

(Ord. 5610 § 3 (part), 2024)

(a) A person found to be in violation of any of the provisions of this chapter or any regulations authorized by this chapter shall be subject to the following penalties:

(1) An administrative fine of one hundred dollars ($100) for a first violation.

(2) An administrative fine of two hundred dollars ($200) for a second violation within one year of the first violation.

(3) An administrative fine of five hundred dollars ($500) for each additional violation within one year of the first violation.

(4) The city may prohibit a sidewalk vendor from operating in the city for one year upon the fourth violation or subsequent violations within one year of the first violation in addition to an administrative fine of five hundred dollars ($500).

(b) Failure to pay an administrative fine pursuant to subdivision (a) or (b) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) and (b) shall not be assessed.

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

(d) If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the city shall accept, in full satisfaction, 20% of the administrative fine imposed pursuant to subdivisions (a) and (b).

(e) 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.

(Ord. 5610 § 3 (part), 2024)