Rancho Cordova Municipal Code Art. I Street Businesses

Regulation of the sale of merchandise or food upon the public streets and sidewalks within the city of Rancho Cordova is necessary for the purpose of promoting the free and safe flow of vehicular and pedestrian traffic, and is directly related to the objective health, safety, and welfare of the public. It is hereby found that the use of such rights-of-way for such purposes in violation of the prohibitions of this article would constitute an interruption of the free flow of traffic and pose a serious and dangerous hazard to the public.

(SCC 578 § 21 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 4-2019 § 3 (Exh. A))

As used in this article, the following terms shall be ascribed the following meanings:

"Food"

means any type of edible substance or beverage.

"Merchandise"

means any tangible thing or item that is not food, and shall not mean services or the provision thereof.

"Person or persons"

means one or more natural person, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, officer or employee of any them), whether engaged in business, nonprofit or any other activity.

"Public streets"

shall mean that portion of any county, state or public road or highway within the city of Rancho Cordova which is utilized for motor vehicle or bicycle traffic, including any improved shoulder adjacent to traffic lanes, and excluding sidewalks.

"Sidewalk"

shall mean any right-of-way within the city of Rancho Cordova which is improved for public pedestrian traffic, including paved walks and pathways.

"Sidewalk vendor"

means natural person(s) or individual(s) who sell food or merchandise from a pushcart, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

"Stand"

shall mean any fixed, temporary, permanent or mobile rack, counter, shelving, vehicle or other structure or device utilized for the purpose of transporting, storing, carrying or displaying merchandise or food for the purpose of vending.

"Vend" or "vending"

means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish or pay a fee before providing food or merchandise, even if characterized as a donation.

(SCC 578 § 21 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 4-2019 § 3 (Exh. A))

Except as otherwise provided by this article, it shall be unlawful for any person to:

A. Vend food or merchandise upon the public streets; or

B. Vend upon a sidewalk in violation of the regulations provided by RCMC § 4.54.020; or

C. Vend upon a public street from a vehicle within 350 feet of the grounds of any public school in which children at or below the twelfth grade level are enrolled, and which is in session.

(SCC 578 § 21 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 4-2019 § 3 (Exh. A))

The provisions of this article shall not be applicable to or deemed to prohibit:

A. The placement of newspaper racks upon sidewalks; or

B. The vending of food or merchandise by the taking of orders or delivering of commodities from any vehicle which is parked upon a public street not longer than required in order to complete a single transaction adjacent to the premises or residence of the customer, patron or purchaser.

(SCC 578 § 21 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 4-2019 § 3 (Exh. A))

A. Permit Required. No person or persons will be allowed to vend food or merchandise upon sidewalks within the city limits without first obtaining approval of a zoning certification permit from the planning division. A permit is required for each sidewalk vendor.

B. Application Requirements. The request for a zoning certification shall include:

1. The name and current mailing address of the sidewalk vendor.

2. A description of the food or merchandise offered for sale or exchange.

3. A copy of the California seller's permit number (CA Department of Tax and Fee Administration sales tax number), if any.

4. A copy of any and all required Health Department food permits issued by any state or local government, if food is being vended.

5. If the sidewalk vendor is an agent, representative, contractor, or employee of an individual, company, partnership, business, person, or corporation, the name and business address of such principal must be included on the application.

C. Health, Safety, and Welfare Regulations.

1. At all times, the sidewalk vendor shall maintain at least one four-foot width path of travel for pedestrian travel.

2. The four-foot clear path of travel must be free and clear of any obstacles including, but not limited to, tents, chairs, signage, or any other objects that reduce the required width of clearance.

3. The sidewalk vendor is not permitted to locate on a sidewalk within the immediate vicinity of a construction zone or traffic controlled area for construction purposes of any kind.

4. The sidewalk vendor is not permitted to locate within the immediate vicinity of an area designated for a temporary use permit issued by the city for 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, events, or outdoor concerts. A prohibition of sidewalk vending pursuant to this subsection shall only be effective for the limited duration of the temporary special permit.

5. The sidewalk vendor is not permitted to be located in areas within the immediate vicinity 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.

6. The sidewalk vendor shall provide a trash receptacle for patrons to dispose of any trash, as well as ensure that the area is kept clean during hours of operation and upon leaving the location.

D. Enforcement.

1. A sidewalk vendor who is issued a citation in violation of this section shall be subject to the following fines:

a. Vending which violates a requirement of this section, other than failure to possess a valid permit:

i. An administrative fine of $100.00 for a first violation.

ii. An administrative fine of $150.00 for a second violation within one year of the first violation.

iii. An administrative fine of $200.00 for each additional violation within one year of the first violation.

iv. A violation occurring after 12 consecutive months with no violation shall be considered a first violation.

v. A vendor's permit may be revoked or suspended for the remainder of its term upon a fourth or subsequent violation.

b. Vending without a valid permit:

i. An administrative fine of $250.00 for a first violation.

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

iii. An administrative fine of $1,000 for each additional violation within one year of the first violation.

iv. A violation occurring after 12 consecutive months with no violation shall be considered a first violation.

v. The administrative fines listed in this subsection shall be reduced from $250.00 to $100.00, $500.00 to $150.00 and $1,000 to $200.00 upon submission of proof of a valid permit to the neighborhood services office.

2. Additional fines, fees, assessments, or any other financial conditions beyond those authorized by subsection (D)(1) of this section shall not be assessed.

3. When assessing an administrative fine pursuant to subsection (D)(1) of this section, the community development director, or his or her designee, shall take into consideration the sidewalk vendor's ability to pay the fine based upon a sworn statement and good cause, which demonstrates the sidewalk vendor's inability to pay the assessed administrative fine. Good cause shall exist where the sidewalk vendor shows that he or she cannot pay the administrative fine amount without using moneys that normally would pay for the common necessaries of life for the sidewalk vendor and the sidewalk vendor's family. Notice shall be given to the sidewalk vendor 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 sidewalk vendor may request an ability-to-pay determination at the adjudication stage or after such adjudication during the time the fine remains unpaid, including when a fine is delinquent or has been referred to a comprehensive collection program. If the sidewalk vendor meets the criteria set forth herein, the city shall accept, in full satisfaction, 20 percent of the total administrative fine amount imposed pursuant to subsection (D)(1) of this section.

4. A violation of the requirements herein that regulate or prohibit sidewalk vendors shall not be punishable as an infraction or misdemeanor.

5. Any sidewalk vendor may request a hearing to contest the administrative fine assessed pursuant to subsection (D)(1) of this section, and/or contest an ability-to-pay determination. Any request for a hearing must be filed in writing with the neighborhood services department within 10 days of the issuance of the administrative fine or ability-to-pay determination, whichever applies. Failure to timely request a hearing constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.

a. Hearing Date. The hearing officer shall set the date for the hearing and determination. The hearing dates shall not be less than 10 days, nor more than 60 days, after the date on which the copy of the notice of appeal was submitted to neighborhood services.

b. At the hearing, the contesting party shall be given the opportunity to testify and to present evidence concerning the penalty.

c. Hearing Officer's Decision. After considering the testimony and evidence presented at the hearing, the hearing officer shall issue a decision to uphold, dismiss or modify the administrative fine. The hearing officer shall state the reasons for the decision and, if in writing, shall send a copy of the decision to the person that requested the hearing and to the enforcement officer. The decision of the hearing officer is final, and may not be appealed.

d. All fines owed after the hearing officer's decision are due within 30 days of the decision. The city may use all procedures available to it to collect any unpaid fee.

(SCC 578 § 21 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 4-2019 § 3 (Exh. A))