Chapter 5.18 — SIDEWALK VENDING

The purpose of this chapter is to regulate sidewalk vending activities in order to protect public health, safety, and welfare; to ensure the public's use and enjoyment of natural resources and recreational opportunities; and to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the city's park while accommodating commercial uses that generally promote an active and social pedestrian environment within appropriate areas of the City of Perris.

(Ord. No. 1388, § 11, 2-11-2020)

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certified farmers' market shall have the same meaning as "certified farmers' market" as provided in Government Code Section 51038(d)(1), as it may be amended, which is defined as "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."

Roaming sidewalk vendor shall have the same meaning as provided in Government Code Section 51036(b), as it may be amended, which is defined as "a sidewalk vendor who moves from place to place and stops only to complete a transaction." this shall not include mobile food facilities as defined by chapter 5.17.

Sidewalk vending license shall mean a business license issued for the purpose of sidewalk vending pursuant to this chapter.

Sidewalk vending vehicle or pushcart shall mean a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

Sidewalk vendor shall have the same meaning as provided in Government Code Section 51036(a), as it may be amended, which is defined as "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 pedestrian path." this shall not include mobile food facilities as defined by chapter 5.17.

Stationary sidewalk vendor shall have the same meaning as provided in Government Code Section 51036(c), as it may be amended, which is defined as "a sidewalk vendor who vends from a fixed location." this shall not include food trucks as defined by chapter 5.17.

Swap meet shall have the same meaning as "swap meet" as provided in Government Code Section 51038(d)(1), which is defined as "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 activity and use shall have the same meaning as the term "temporary special permit" is defined by Government Code Section 51038(d)(2), as it may be amended, which is defined as "a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public areas, 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." "Temporary activity and use" shall also include, but is not limited to, those temporary activities and uses regulated pursuant to chapter 19.60.

(Ord. No. 1388, § 11, 2-11-2020)

No person shall operate as a sidewalk vendor within the City of Perris without first obtaining a sidewalk vending license from the city, except under the following conditions:

(1)

A sidewalk vending vehicle or pushcart owned or operated by any public agency;

(2)

Persons delivering goods, wares, merchandise, fruits, vegetables, or foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution;

(3)

Vendors participating in farmers markets or other special events as allowed by the city;

(4)

An event at a school facility or an assembly use facility, if the vendor is operating in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of- way);

(5)

Sidewalk vendors that only sell, distribute, display, solicit, or offer sale of items that are inherently communicative and have nominal utility apart from its communication (e.g., newspapers, leaflets, pamphlets, buttons, etc.).

(Ord. No. 1388, § 11, 2-11-2020)

All permits are valid for one year unless revoked or suspended prior to expiration. An application to renew a permit shall be made not later than 90 days before the expiration of the current permit.

(Ord. No. 1388, § 11, 2-11-2020)

(a)

The application for a sidewalk vending license shall be signed by the applicant and shall include the following information:

(1)

The name and current mailing address of the applicant;

(2)

A description of the type of food, beverage, or merchandise to be sold, as well as hours of operation and a description of the cart, and any additional information that will explain the proposed use;

(3)

A description and photograph (including colors and any signs) of any stand to be used in the operation of the business;

(4)

If the applicant is an agent of an individual, company, partnership, or corporation, then the name and business address of the principal;

(5)

The applicant shall be encouraged to maintain adequate insurance to cover his or her business operations. However, the applicant shall not be required to maintain such insurance. If such insurance is maintained, then proof of the insurance policy, issued by an insurance company licensed to do business in the state, protecting the permittee and the city from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the permit. Such insurance shall name as additional insured the city and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days advance written notice to the city.

(6)

Payment for any fees established pursuant to this chapter.

(b)

Not later than ten days after the filing of a completed application for a sidewalk vending license, the applicant shall be notified of the decision on the issuance or denial of the sidewalk vending license, provided that the city may extend this time period upon notice to the applicant. Fees shall be paid prior to the issuance of a permit.

(Ord. No. 1388, § 11, 2-11-2020)

(a)

All sidewalk vendors shall comply with the following operational requirements:

(1)

All equipment installed in any part of the cart shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.

(2)

If applicable, all utensils shall be securely stored in order to prevent their being thrown from the cart or vehicle in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.

(3)

If applicable, compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters, and similar equipment shall be installed so as to be hidden from view to the extent possible and be easily accessible.

(4)

Sidewalk vendors must possess a valid permit, certificate, or other authorization as required by the County of Riverside Department of Environmental Health if the sidewalk vendor intends to sell food or any other

item requiring a county department of environmental health permit.

(5)

Sidewalk vendors shall properly dispose of solids or liquids consistent with applicable law, and shall not dispose of solids or liquids by discharging such solids or liquids into the public right-of-way and storm drains.

(6)

Operate within 500 feet of a certified farmers' market or swap meet during the operating hours of that certified farmers' market or swap meet.

(7)

Operate within 500 feet of any public sidewalk, street, right-of-way, or other public property approved for commercial filming or a temporary event or festival.

(8)

If operating on public property other than city parks, the sidewalk vendor shall provide evidence of the public property owner's written authorization.

(9)

If operating in a state right-of-way, the sidewalk vendor shall provide evidence of the state's authorization.

(10)

Sidewalk vending vehicle or pushcart shall be stored in a garage or such other licensed storage facility authorized to store sidewalk vending vehicles or pushcarts during a sidewalk vending vehicle's or pushcart's regular hours of non-operation.

(b)

All permits shall be displayed in a visible and conspicuous location at all times during the operation of the vending business.

(Ord. No. 1388, § 11, 2-11-2020)

In addition to the operational requirements under section 5.18.060, stationary sidewalk vendors shall not operate under any of the following conditions:

(1)

Leave any stand unattended;

(2)

Store, park, or leave any stand overnight on any public street, sidewalk, or park;

(3)

Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use;

(4)

Leave any location without first disposing of all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles;

(5)

Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand;

(6)

Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her stand where such terms have not been described by his or her application;

(7)

Sell anything other than that which he or she is permitted to sell;

(8)

Sound or permit the sounding of any device that produces any noise in violation of the city's noise control ordinance, chapter 7.34;

(9)

Operate within 50 feet of a fire hydrant or 25 feet of a transit stop;

(10)

Operate within 50 feet of the outer edge of a driveway or vehicular entrance to public or private property in commercial, business park, mixed-use, or industrial zones;

(11)

Vend from the exposed street or alley and/or traffic side of the vending cart;

(12)

Operate in a manner that does not maintain at least four feet of clear space on a public sidewalk;

(13)

Operate as a stationary sidewalk vendor in exclusively residential zones;

(14)

Operate as a stationary sidewalk vendor in any city park for which the city has a signed agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire(s).

(15)

Operate in violation of any other generally applicable law;

(16)

Display off-site signs. No signs are allowed, except those identifying the name of the product sold (as provided in the application), the name of the vendor, and the posting of prices on the cart. Signs with intermittent, flashing, moving, or blinking light, or varying intensity of light or color, are not permitted.

(Ord. No. 1388, § 11, 2-11-2020)

(a)

Applicability and exceptions. The following roaming sidewalk vendors are not subject to the standards in this subsection:

(1)

A roaming vending vehicle or pushcart owned or operated by any public agency;

(2)

Persons delivering goods, wares, merchandise, fruits, vegetables, or foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution;

(3)

Vendors participating in farmers markets or other special events as allowed by the city;

(4)

An event at a school facility or an assembly use facility, if the vendor is operating in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of- way);

(5)

Vendors that only sell, display, distribute, solicit, or offer the sale of items that are inherently communicative and have nominal utility apart from its communication (e.g., newspapers, leaflets, pamphlets, buttons, etc.).

(b)

Additional application requirements. The application for a roaming sidewalk vendor's permit shall be signed by the applicant and shall include, in addition to the requirements of section 5.18.050, the following:

(1)

If applicable, the state vehicle license plate number and the vehicle identification number of the roaming sidewalk vendor vehicle.

(2)

For each person with a ten percent or greater financial interest in the business that operates the roaming sidewalk vendor vehicle, a list, signed under penalty of perjury, of each conviction of such person and whether such conviction was by verdict, plea of guilty, or plea of no contest. The list shall for, each conviction, set forth the date of arrest, the offense charged, and the offense of which the person was convicted. A person who acquires a ten percent or greater financial interest in the business that operates the roaming sidewalk vendor vehicle during the term of the permit issued pursuant to this code shall immediately so notify the director and comply with this subsection.

(3)

Valid permit issued by the Riverside County Environmental Health Department, if the sidewalk vendor intends to sell food or any other item requiring a county health department permit.

(c)

Operational standards. In addition to the operational requirements under section 5.18.070, it shall be prohibited for any roaming sidewalk vendor to operate under any of the following conditions:

(1)

Leave any stand or motor vehicle unattended;

(2)

Store, park, or leave any stand overnight on any public street or sidewalk, or park any motor vehicle other than in a lawful parking place;

(3)

Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use;

(4)

Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles;

(5)

Discharge solids or liquids to the public right-of-way or dispose of such solids or liquids in a manner inconsistent with applicable law;

(6)

Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand or vehicle;

(7)

Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her stand where such terms have not been described by his or her application;

(8)

Solicit or conduct business with persons in motor vehicles;

(9)

Sell anything other than that which he or she is permitted to vend;

(10)

Sound or permit the sounding of any device that produces a loud and raucous noise, or any noise in violation of the city's noise ordinance or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;

(11)

Vend without the insurance coverage previously specified;

(12)

Operate within 50 feet of a fire hydrant or 25 feet of a transit stop;

(13)

Operate within 25 feet of the outer edge of a driveway or vehicular entrance to public or private property in residential zones;

(14)

Operate within 50 feet of the outer edge of a driveway or vehicular entrance to public or private property in commercial, business park, mixed-use, or industrial zones;

(15)

Vend from the exposed street or alley and/or traffic side of the vending cart or vehicle;

(16)

Vend while parked or stopped illegally;

(17)

Vend from any street parking space other than a space parallel to the curb;

(18)

Operate in a manner that does not maintain four feet of clear space on a public sidewalk;

(19)

Operate in any manner or location that blocks any citizen or service entry or exit from any business or residence;

(20)

If applicable, operate from any motor vehicle not licensed by the department of motor vehicles.

(21)

Display off-site signs. No signs are allowed, except those approved in the application which identify the name of the product or the name of the vendor and the posting of prices on the cart. Signs with intermittent, flashing, moving, blinking light, or varying intensity of light or color, are not permitted.

(Ord. No. 1388, § 11, 2-11-2020)

In

addition to the operational standards in this chapter the following shall also be prohibited for any sidewalk vendor operating in a public park:

(1)

Operate outside the hours of operation of the park;

(2)

Operate more than six feet from any walking or bicycling pathway in the park;

(3)

Operate within 50 feet of any other sidewalk vendor in the park;

(4)

Operate on, or within 25 feet of, any sports field or playground equipment area;

(5)

Utilize any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the park in any way as part of the sidewalk vending operation;

(6)

Operate within 25 feet of any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the park.

(Ord. No. 1388, § 11, 2-11-2020)

Any permit may be denied for any of the following causes:

(1)

Fraud or misrepresentation contained in the application for any permit or license required under this chapter.

(2)

Failure to submit a complete application pursuant to the requirements of this chapter.

(Ord. No. 1388, § 11, 2-11-2020)

(a)

Any decision regarding approval, conditional approval, denial, suspension or revocation of a sidewalk vendor license may be appealed to the city manager, or his or her designee, by an applicant, a permit holder or interested party as follows:

(1)

If the appellant wishes to appeal a decision to the city manager, or his or her designee, the appellant must file a written appeal with the Perris City Clerk within ten calendar days of the decision. The written appeal shall specify the person making the appeal, the decision appealed from, shall state the reasons for the appeal, and shall include any evidence in support of the appeal which the applicant seeks to be considered by the city manager, or his or her designee. The written appeal shall also include an appeal fee as set by resolution of the city council.

(2)

Notice of the time and place of an appeal hearing shall be provided to the appellant within 30 days of receipt by the Perris City Clerk of the written appeal.

(3)

The appeal hearing shall be held within 60 days of the filing of the written appeal with the Perris City Clerk, unless the 60 day time limit is waived by the appellant, or unless the city manager, or his or her designee,

continues the appeal hearing date for good cause and upon written notification to the appellant.

(4)

The city manager, or his or her designee, shall review the facts of the matter, written documents submitted for review, the basis for making the decision which is under appeal, and then determines whether the appealed decision should be reversed or affirmed. The determination made shall be in writing, shall set forth the reasons for the determination, and shall be final unless appealed as provided for below.

(5)

If the appellant wishes to appeal the determination of the city manager, or his or her designee, then the procedures provided in this section shall be followed for an appeal to the city council, with the exception of the city council may determine to simply affirm by minute order or resolution the determination of the city manager, or his or her designee, without review, within 60 days of receipt by the Perris City Clerk of the written appeal. Any determination of the city council shall be final.

(6)

The provisions of Section 1094.6 of the Code of Civil Procedure sets forth the procedure for judicial review of any final determination. Parties seeking such judicial review shall file such action within 90 days of a determination being made final.

(Ord. No. 1388, § 11, 2-11-2020)

All notices required by this chapter are deemed issued and served upon the date they are either deposited in the United States mail, postage pre-paid, addressed (if to an applicant, a commercial marijuana operation, or an appellant) to the applicant or commercial marijuana operation at the mailing address identified in its application, the last updated address on file with the director's office, or the mailing address on the appeal form; or, the date upon which personal service of the notice is provided to a responsible party.

(Ord. No. 1388, § 11, 2-11-2020)

A violation of these sidewalk vending requirements, other than failure to possess a valid sidewalk vending permit, is only punishable by the following:

(1)

An administrative fine of $100.00 for a first violation.

(2)

An administrative fine of $200.00 for a second violation within one year of the first violation.

(3)

An administrative fine of $500.00 for each additional violation within one year of the first violation.

(4)

Rescission/revocation of a sidewalk vending permit for the term of that permit upon the fourth violation or subsequent violations.

Administrative fines under this section shall follow the procedures set forth in chapter 1.18, provided that additional administrative fines and related fees, assessments, or any other financial conditions beyond those authorized in section 5.18.130 and section 5.18.140 shall not be assessed.

(Ord. No. 1388, § 11, 2-11-2020)

Vending without a sidewalk vending license issued by the city is only punishable by the following:

(1)

An administrative fine of $250.00 for a first violation.

(2)

An administrative fine of $500.00 for a second violation within one year of the first violation.

(3)

An administrative fine of $1,000.00 for each additional violation within one year of the first violation.

(4)

Upon proof of a valid sidewalk vending license issued by the city, any administrative fines imposed under this subsection for vending without possessing a copy of the permit shall be reduced to the administrative fines set forth in section 5.18.130.

Administrative fines under this section shall follow the procedures set forth in chapter 1.18, provided that additional administrative fines and related fees, assessments, or any other financial conditions beyond those authorized in section 5.18.130 and section 5.18.140 shall not be assessed.

(Ord. No. 1388, § 11, 2-11-2020)

All fines imposed pursuant to this chapter shall be subject to an ability-to-pay determination as described in California Government Code Section 51039(f). Concurrently with issuing a citation for such fines to a person, 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.

(Ord. No. 1388, § 11, 2-11-2020)

An application fee set by resolution of the city council shall be required for formal processing of every application made under this chapter. The city council is authorized to pass resolutions to recover any and all fees and costs incurred by the administration and implementation of this chapter through an appropriate fee recovery mechanism.

(Ord. No. 1388, § 11, 2-11-2020)