Rancho Palos Verdes Municipal Code Ch. 5.28 Vending on Public Property

A. Purpose. The purpose of this chapter is to promote consistency in the application of this sidewalk vendor program in conformance with state law.

B. Findings. The city council hereby finds as follows:

1. Public sidewalks and other pedestrian paths (collectively "public rights-of-way") are intended for pedestrian travel; and

2. Federal and state laws require that cities meet certain accessibility standards for disabled persons traveling on public rights-of-way; and

3. Government Code §§ 51036—51039 decriminalize sidewalk vending and allow the city to adopt a program regulating sidewalk vendors in compliance therewith; and

4. Sidewalk vendors have the potential to take up space on public rights-of-way and attract customers so as to create additional obstacles for pedestrians to avoid while traveling on public rights-of-way; and

5. Sidewalk vendors and their customers may generate trash, noise and other impacts to public rights-of-way and abutting properties; and

6. Certain public rights-of-way are located next to venues where large crowds of people may assemble for events, creating significant demand for limited sidewalk space on event days, including, but not limited to, sidewalks located next to red curbs for emergency vehicles, pedestrians entering and exiting buildings, and motor vehicles dropping off and picking up passengers; and

7. Certain public rights-of-way are located next to schools, places of worship, hospitals, police stations, jails, fire stations, public transit facilities, or industrial facilities protected by Penal Code §§ 552—555.5, which require additional restrictions on sidewalk vending to facilitate pedestrian access; and

8. Certain public rights-of-way are located in public parks and exclusively zoned residential areas which are not considered commercial areas and require additional restrictions on sidewalk vendors to facilitate pedestrian access; and

9. It is necessary for the city council to adopt a well-regulated sidewalk vendor program to balance the competing uses of public rights-of-way in order to protect the health, safety and welfare of the general public; and

10. Nothing in this sidewalk vendor program shall be construed to prohibit the prosecution of sidewalk vendors who fail to comply with other provisions of law not preempted by Government Code §§ 51036—51039, including, but not limited to, trespassing, failing to pay taxes, selling counterfeit merchandise, selling food in violation of the Health and Safety Code, and operating from a sidewalk located within 500 feet of a freeway ramp in violation of the Vehicle Code.

(Code 1981, § 5.28.010; Ord. No. 647U, § 4, 5-4-2021; Ord. No. 648, § 3, 5-18-2021; Ord. No. 651, § 2(5.28.010), 10-19-2021; Ord. No. 690, § 2, 6-3-2025)

Editor's note— Ord. No. 690, § 2, adopted June 3, 2025, amended the title of § 5.28.010 to read as herein set out. The former § 5.28.010 title pertained to purpose.

No person shall engage in, conduct or carry on the business of vending without first obtaining a vending permit in accordance with this chapter, and without first obtaining a business license pursuant to chapter 5.04 (Business Licenses).

(Code 1981, § 5.28.020; Ord. No. 647U, § 4, 5-4-2021; Ord. No. 648, § 3, 5-18-2021; Ord. No. 651, § 2(5.28.020), 10-19-2021)

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.

Captive audience means one or more purposefully stationary persons, such as persons in lines, on public transportation, or seated in public areas.

Certified farmers' market means a location operated in accordance with Food and Agricultural Code Ch. 10.5 (commencing with Section 47000) of Div. 17, and any regulations adopted pursuant to that chapter.

City means the City of Rancho Palos Verdes.

Commercial vehicle means a vehicle maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. Passenger vehicles which are not used for the transportation of persons for hire, compensation or profit are not commercial vehicles.

Director means the director of community development and includes their designee.

Driver means and includes every person who drives or is in actual charge and control of any vehicle, or commercial vehicle from which street vending takes place.

Goods or merchandise includes items and products of every kind and description, including all food, produce and beverage items, and manufactured goods and merchandise.

Highway means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

Nonmotorized conveyance means any device moved exclusively by human power, including, but not limited to, any pushcart, stand, display, showcase, rack, pedal-driven cart, wagon, bicycle, tricycle or other wheeled container or conveyance.

Nonprofit organization means a nonprofit corporation that has obtained recognized state or federal tax-exempt status.

Owner means and includes every person having legal title to any vehicle, or commercial vehicle, from which street vending takes place.

Permittee means the permit holder, and shall include their designees, employees, agents, or representatives.

Person means any natural person, firm, partnership, association, corporation or other entity of any kind or nature.

Public property means rights-of-way and real property owned or controlled by the city or other public agency or entity, including parks, nature preserves, trails, trailheads, parking lots, beaches and open spaces.

Public sidewalk or street means all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks, and public ways.

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

Sidewalk vendor means a person who sells food, goods, or merchandise from a pushcart, stationary cart or other nonmotorized equipment, or other temporary set-up or kiosk, vehicle, or from one's person, upon a public street, sidewalk or other pedestrian path, and park grounds, or other public property.

Sidewalk vendor law means Government Code §§ 51036—51039, including any amendments, additions, or successor statutes thereto.

Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.

Swap meet means a location operated in accordance with Business and Professions Code Art. 6 (commencing with Section 21660) of Ch. 9 of Div. 8, and any regulations adopted pursuant to that article.

Vending means selling food, goods, or merchandise from either a stationary or roaming pushcart, stand, table, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance, or other temporary set-up or kiosk, vehicle, or from one's person, upon a public street, sidewalk or other pedestrian path, and park grounds.

(Code 1981, § 5.28.030; Ord. No. 647U, § 4, 5-4-2021; Ord. No. 648, § 3, 5-18-2021; Ord. No. 651, § 2(5.28.030), 10-19-2021; Ord. No. 690, § 2, 6-3-2025)

A. Any person desiring to vend upon public property shall first submit an application for a vendor permit and a business license pursuant to chapter 5.04 (Business Licenses). A nonrefundable processing fee and annual street vendor permit fee to be set by city council resolution shall be submitted with the application. Such application shall include, but not be limited to, the following information:

1. Identification of the applicant, including the name of the business and the name of all owners of the business. Where the applicant is a corporation, association, partnership, limited partnership or other legal entity, the term "applicant" shall mean each partner, officer, director, and each shareholder owning or controlling more than ten percent of such entity. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;

2. A complete description of the business activity proposed to be operated, including description of vending equipment (tables, shade structures, etc.), description of goods sold, signage, and other nonmotorized equipment proposed to be used, and the location of such proposed business activity with the site plan;

3. The date the vending is expected to begin;

4. The proposed hours of operation and locations;

5. A copy of a valid state department of tax and fee administration seller's permit; and

6. A copy of a current county health department permit, or any other applicable state permit, if required to sell the particular product.

B. Permits shall not be issued to the same applicant for the same location until the current permit expires.

C. All permits issued under this chapter shall expire 90 days from date of issuance.

D. Fee waivers. Notwithstanding subsection A of this section, street vendors may request a permit fee waiver on the following grounds:

1. Hardship waiver based on inability to pay.

2. Nonprofit waiver. Nonprofit organizations must meet the requirements of the chapter except that they may be exempted from the payment of the permit fee, or any portion thereof, if the city council provides for an exemption in the fee resolution.

E. Review by director.

1. An application that is not complete shall be returned to the applicant along with a list of the deficiencies within 15 days of receipt of the application. The application shall be deemed abandoned if, within ten calendar days from the first class mailing of any notice from the city, the application is not received by the city with all of its defects entirely corrected. As a courtesy to the applicant, upon request of the applicant, the director shall grant the applicant an extension of time of ten business days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time. Unless the applicant requests an extension of time pursuant to this subsection, nothing in this subsection shall be construed to relieve the director of the duty to make a decision within the time limits set forth in subsection (E)(2) of this section.

2. Once a completed application is filed, and the applicant pays the prescribed fee, the director shall initiate an investigation of facts for each permit application with the appropriate city departments and county agencies designated to review such applications. The decision to approve (with or without conditions) or deny the application shall be made within 15 days after the filing of a completed application. Notice of the director's decision shall be mailed by certified or registered mail or personally delivered to the applicant within three business days of the date of the decision.

(Code 1981, § 5.28.040; Ord. No. 647U, § 4, 5-4-2021; Ord. No. 648, § 3, 5-18-2021; Ord. No. 651, § 2(5.28.040), 10-19-2021)

A. A permit may be denied based on the following grounds:

1. The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business license permit, or in any report or statement required to be filed with the director or the city.

2. Expiration or suspension of any of the required insurance, or county health department or state permits.

B. A denial of a permit may be appealed pursuant to the provisions of section 5.28.060. No vending shall be permitted pending the appeal.

(Ord. No. 651, § 2(5.28.050), 10-19-2021)

A. Within ten days after the date of the director's decision, any interested person may appeal the decision to the city manager. The appeal shall set forth the grounds for the appeal and shall be accompanied by an appeal fee in an amount prescribed by resolution of the city council. A timely appeal accompanied by the required fee shall automatically entitle the aggrieved party to a hearing before the city manager.

B. The hearing shall be held and action taken not less than 14 days nor more than 30 days after the timely filing of a complete appeal, unless the applicant requests an extension.

C. At the time set for the hearing, or at the date to which the hearing may be continued, the city manager shall hear the applicant, who may present any facts to show why the permit should be granted and shall hear testimony from all other interested persons who attend the hearing to present reasons why the permit should or should not be granted. The city manager, in considering the application and the appeal, shall give consideration to all relevant documents filed and all relevant testimony given at the hearing.

D. Within five days after the conclusion of the hearing, the city manager shall adopt and issue a written notice of decision approving (with or without conditions) or denying an application for business activities involving constitutionally protected expressive activities. Notice of the city manager's decision shall be mailed by certified or registered mail or personally delivered to the applicant.

E. The decision of the city manager shall be final if not appealed to the city council within 15 calendar days.

(Code 1981, § 5.28.050; Ord. No. 647U, § 4, 5-4-2021; Ord. No. 648, § 3, 5-18-2021; Ord. No. 651, § 2(5.28.060), 10-19-2021)

Any permittee or permit holder aggrieved by an action of the city manager to deny, revoke or refuse to renew a permit may appeal to the council by filing with the city clerk a statement addressed to the council setting forth the facts and circumstances regarding the action of the city manager. Such appeal shall be filed within ten days after the disputed action of the city manager, and the council shall hear the appeal at its next regular meeting, but not earlier than five business days after the receipt of the appeal. The filing of such an appeal with the city council shall not stay the action of the city manager. At the time of the appeal hearing, the city council shall receive testimony and review the record of the hearing of the city manager and shall determine the merits of the appeal. The action of the council shall be final and appealable to the superior court of the state pursuant to Code of Civil Procedure § 1094.5. Such an action in the superior court shall be filed within 90 days following the council's action, pursuant to Code of Civil Procedure § 1094.6.

(Code 1981, § 5.28.060; Ord. No. 647U, § 4, 5-4-2021; Ord. No. 648, § 3, 5-18-2021; Ord. No. 651, § 2(5.28.065), 10-19-2021)

A. Vendors must store and display all food, goods, or merchandise within a ten-foot radius of their conveyance to ensure clear pedestrian pathways, maintain public safety, and uphold sanitary conditions in public spaces.

B. No vendor shall park or stand a nonmotorized conveyance used for vending in a manner which causes a hazard to vehicular or pedestrian traffic, and no vendor shall distribute any item from a nonmotorized conveyance in a manner that causes any person to stand in that portion of the street that is between the nonmotorized conveyance and the center of the street.

C. No vendor shall operate on any street or sidewalk between 6:00 p.m. and 7:00 a.m., unless this time restriction is consistent with limitations imposed on other businesses or uses on the same street in nonresidential areas. This policy is implemented to ensure that vending operations do not disrupt public safety, traffic flow, or nighttime tranquility, while maintaining consistency with existing regulations for other commercial activities in the area.

D. No vendor shall vend unless they maintain a clearly designated litter receptacle in the immediate vicinity of the conveyance, marked with a sign requesting use by patrons. Prior to leaving the location, the vendor shall pick up, remove, and dispose of all trash or refuse which consists of materials originally dispensed by the vendor, including any packages or containers, or parts thereof, used with or for dispensing the food, goods or merchandise being sold.

E. The vendor shall not make any outcry, blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the streets, alleys, parks or other public places of this city where sound is of sufficient volume to be capable of being plainly heard upon the public sidewalks or streets, public parks or other public places, for the purpose of attracting attention to any food, goods, or merchandise which the permittee proposes to sell. This restriction is in place to prevent excessive noise that could disrupt public tranquility, interfere with residential and commercial activities, and maintain a peaceful environment for all community members.

F. Airborne signs such as balloons, banners, feather flags, pennants, as well as flags, are prohibited as visual distractions and safety hazards for pedestrians and drivers alike to use due care in their travels, thereby promoting a safer and more orderly public environment.

G. No vending area shall impede ingress into or egress out of any driveway or doorway. No vending area shall reduce accessibility as may be required by the Americans with Disabilities Act.

H. Vending areas must be located at least 30 feet away from any intersection or driveway to ensure unobstructed visibility for drivers and pedestrians, thereby enhancing traffic safety and reducing the risk of accidents.

I. Vendors are prohibited from persistently and impertinently attempting to sell food, goods, or merchandise to any individual after that person has expressed a desire not to make a purchase, ensuring a respectful and non-coercive environment for the public.

J. No vendor shall impede or obstruct the free movement of any member of the public on any public sidewalk or street or in any public place.

K. No vendor shall obstruct the visibility of any vehicle traveling upon, from, or to public streets.

L. No vendor shall sell any items to a captive audience, ensuring that sales are conducted in a free and voluntary manner.

M. No vendor shall threaten injury or bodily harm to any member of the public who declines to purchase any items being sold, either by word or gesture, such that the same would cause a reasonable person fear of injury to such person or such person's property.

N. No vendor shall sell or attempt to sell to the occupants of vehicles standing or moving upon any public street or highway. Nothing in this subsection shall be construed to prohibit sales to the occupants of any vehicle that is lawfully parked.

O. No vendor shall park or stand any nonmotorized conveyance in violation of any conditions included in the permit.

P. No vendor shall sell from any nonmotorized conveyance not identified in the application.

Q. No vendor shall stop, stand or park any nonmotorized conveyance in violation of any provision of the state Vehicle Code or this Code.

R. To maintain accessibility standards for the city's disabled residents, every vendor operating on public property must ensure that no obstruction is placed on public property that would reduce the width of access to less than 48 inches, exclusive of the top of the curb. No obstruction shall be located in a sidewalk or public right-of-way less than six feet in width when the sidewalk is adjacent to the curb.

S. Vendors of food or food products shall possess and display in plain view on the vending cart or conveyance a valid public health permit from the county department of public health.

T. A vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way.

U. No equipment or objects used for vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way during the hours stated in subsection C. of this section. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way in any residential area will be considered discarded and may be seized or disposed of by the city.

V. To facilitate the enforcement of this chapter, every vendor must display their city-issued vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance when operating in the public right-of-way.

W. To prevent unintended rolling or slipping, a vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance on a public right-of-way with a slope greater than five percent.

X. A vendor shall not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana, to ensure the safety and well-being of the community, particularly in preventing underage access to harmful substances.

Y. 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, to maintain public safety and prevent obstruction of public infrastructure.

Z. Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential.

AA. A vendor is prohibited from operating within 750 feet of a permitted certified farmers' market, a permitted swap meet, or any area subject to a special use permit or special event permit for the duration of the permit, so as to reduce congestion.

BB. To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no vendor is permitted to operate within 750 feet of a public or private school during the period extending one hour before the start of classes and one hour after the end of classes or after school activities.

CC. To protect the health and safety of school children, no state-registered sex offender may operate as a vendor within 750 feet of a public or private school at any time.

DD. A vendor is prohibited from publishing, uttering or disseminating any false, deceptive or misleading statements or advertisements in connection with the permitted business.

EE. A vendor shall not conduct the permitted business as a public nuisance.

FF. See section 12.16.170 (vending, commercial services, and industrial activities regulated in parks, preserves, beaches, and recreational facilities) for additional operational procedures for vending in parks, preserves, trails, trailheads, parking lots, beaches and recreational facilities.

(Code 1981, § 5.28.070; Ord. No. 647U, § 4, 5-4-2021; Ord. No. 648, § 3, 5-18-2021; Ord. No. 651, § 2(5.28.070), 10-19-2021; Ord. No. 690, § 2, 6-3-2025)

A. The city may revoke a vending permit issued to a vendor for the term of that permit upon the fourth violation or subsequent violations of any of the requirements of this chapter by the permit holder.

B. A permit may be suspended based on the following grounds:

1. Revocation, suspension, or nonrenewal of the required county health department permit, if applicable for food vendors. A permit shall not be reinstated until the applicable health permit is reinstated.

2. If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, the director may temporarily suspend the permit and order the operation to cease. The term "immediate danger to the public health and safety" means any violation of a county health department permit; any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission or hazardous condition, including, but not limited to, unsafe food temperature, sewage contamination, nonpotable water supply, or an employee who is a carrier of a communicable disease; or the vendor has conducted the vending in a manner which endangers the public health or safety.

C. A permittee whose permit was revoked shall not be issued a permit for the same products or general location in accordance with this chapter for vending within the city for a period of three months for the first revocation, six months for the second revocation, and one year for the third or subsequent revocation from the date suspension or revocation becomes final.

D. Suspension or revocation of a vending permit may be appealed pursuant to the provisions of section 5.28.050 of this Code. No vending shall be permitted during the pendency of an appeal.

E. A violation by a vending permit holder of this chapter is punishable only by the following administrative citations pursuant to section 1.08.010 of the RPVMC, provided that a permit may be immediately revoked on the grounds provided under subsection A. of this section:

1. An administrative fine not exceeding $100.00 for a first violation.

2. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.

3. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.

F. Vending without a vending permit may be punishable by the following administrative citations pursuant to section 5.28.080 of the RPVMC in lieu of the administrative fines set forth in subsection (E) of this section:

1. An administrative fine not exceeding $250.00 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.

G. Upon proof of a valid permit issued by the city, the administrative fines set forth in subsection F. of this section shall be reduced to the administrative fines set forth in subsection E. of this section, respectively.

(Code 1981, § 5.28.080; Ord. No. 647U, § 4, 5-4-2021; Ord. No. 648, § 3, 5-18-2021; Ord. No. 651, § 2(5.28.080), 10-19-2021; Ord. No. 690, § 2, 6-3-2025)