Redding Municipal Code Ch. 13.26 Sidewalk Vending

Sections 51036—51039 to the Government Code prohibit local agencies from regulating sidewalk vendors except in accordance with their provisions.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

A. The provisions of this chapter shall apply to any mobile food facility, pushcart, cart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, including attached umbrellas or awnings, upon which food, beverage, or merchandise is sold, offered for sale, or distributed on public sidewalks. This chapter shall also apply to any situation upon which food or merchandise is sold, offered for sale, or distributed from one's person.

B. For encroachment permits issued to vendors prior to the adoption of this chapter to operate on public sidewalks, such permits shall become null and void one hundred and eighty calendar days after the effective date of this ordinance.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

For purposes of this chapter, the following definitions apply:

A. "Certified farmers' market." A location approved by the Shasta County Agricultural Commissioner where agricultural products are sold by producers or certified producers directly to consumers or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. A certified farmers' market may only be operated by one or more certified producers, by a nonprofit organization, or by a local government agency.

B. "City." The City of Redding.

C. "Code." The City of Redding Municipal Code.

D. "Director." Public works director or his/her designee.

E. "Food." As defined in Health Safety Code Section 113781 or any successor provision.

F. "Food facility." As defined in Health and Safety Code Section 113789 or any successor provision.

G. "Mobile cart." A piece of equipment used for vending which is mobile, is nonmotorized and is capable of being propelled by a single person.

H. "Mobile food facility." As defined in Health and Safety Code Section 113831 or any successor provision.

I. "Permanent food facility." As defined in Health and Safety Code Section 113849 or any successor provision.

J. "Public works director." The public works director or his/her designee.

K. "Sidewalk." The paved portion of the public right-of-way separated from motor vehicles and on-road bicycles that provide pedestrians space to travel.

L. "Sidewalk vendor." Any person, sixteen years of age or older, who sells food or merchandise from a mobile food facility, pushcart, cart, 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.

M. "Stationary cart." A piece of equipment used for vending which has no motor and is not mobile, except when being pushed, carried, or transported to and from a space on the sidewalk.

N. "Vendor." A sidewalk vendor.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

It shall be unlawful to sell, offer for sale, or distribute any food or merchandise on any public sidewalk within the city without first obtaining a business license and paying the applicable business license fee for each sidewalk vendor and/or location, pursuant to Title 6 of this Code.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

Vendors engaged in selling food shall obtain a retail food permit from the Shasta County Department of Resource Management Environmental Health Division. The retail food permit shall be displayed conspicuously at all times at the location of the sidewalk vendor.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

A. It shall be unlawful for a sidewalk vendor to sell, offer for sale, or distribute any food on any sidewalk within the city without first obtaining a sidewalk vendor permit from the city pursuant to the provisions of this Code for each sidewalk vendor location. The sidewalk vendor permit shall be displayed conspicuously at all times at the location of the sidewalk vendor. Evidence of such sidewalk vendor permit shall accompany the business license application to the city clerk.

B. Each sidewalk vendor permit shall expire two years from its date of issuance and become null and void unless renewed by the city.

C. Any sidewalk vendor permit issued pursuant to this chapter is nontransferable.

D. A vendor applicant desiring a sidewalk vendor permit shall file an application with the city, setting forth the following information and including the accompanying data:

1. Names, addresses, and telephone numbers of the vendor applicant and of all persons financially interested in the business;

2. Photo identification issued by his/her state of residence;

3. A statement of the type of food or merchandise to be sold;

4. The location at which the vendor applicant intends to operate;

5. Intended day(s) and hours of operation at such location;

6. Agreement by the applicant to indemnify and hold harmless the city, its officers and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant's sales location(s);

7. Evidence of general liability insurance in a form and at levels of coverage acceptable to the city;

8. Additional information reasonably related to the applicant's operations, as the city may require; and

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

E. The application shall be accompanied by a nonrefundable application fee for each location of a vendor. If the application is denied, the application fee shall not be returned to the vendor applicant. The application fee shall be set forth in the city's master fee schedule.

F. The public works department shall conduct a review of the application and may issue a sidewalk vendor permit if the director, or his/her designee, finds that all the following conditions have been met:

1. An accurate and complete application has been filed;

2. The required application fee has been paid;

3. All applicable provisions of this chapter have been or will be satisfied;

4. The applicant's operations appear to otherwise be in compliance with this Code and all applicable state and federal laws; and

5. The vending location(s) and operations will not reasonably appear to cause traffic congestion, unreasonably impede pedestrian or bicycle movement, or violate any applicable Federal or State accessibility laws.

G. The director, or his/her designee, may deny the application if it is inaccurate, incomplete, or does not meet the requirements of this chapter, or if no application fee has been submitted.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

A vendor with a valid sidewalk vendor permit shall be permitted on public sidewalks, subject to the conditions set forth below:

A. No vendor shall locate within five hundred feet of the grounds of any elementary or secondary school on any school day.

B. No vendor shall locate within five hundred feet of a freeway entrance or exit.

C. No vendor shall locate within twenty feet of any street or roadway intersection, marked or unmarked crosswalk, fire hydrant, bus shelter, bus stop bench, or marked bus zone.

D. No vendor shall locate within ten feet of a driveway or driveway apron.

E. No vendor shall locate within one foot from the edge of the curb.

F. No vendor shall impede the flow of pedestrian traffic by reducing the clear space to less than four-and-one-half feet, or impede access to or the use of abutting property, including, but not limited to, residences and places of business.

G. No vendor shall locate on any sidewalk adjacent to a curb which has been duly designated by the city as a white, yellow, blue, or red zone.

H. No vendor shall locate within two hundred feet of a permanent food facility during that facility's operating hours.

I. No vendor shall locate within ten feet of any other vendor operating during the vending hours specified in this chapter.

J. Vendors operating from a stationary cart are prohibited from operating in any residential zone described in Title 18 of this Code.

K. Vendors operating from a mobile cart are permitted to operate between the hours of 9:00 a.m. to 5:00 p.m. in any residential zones described in Title 18 of this Code.

L. To prevent unintended rolling or slipping, a vendor is prohibited from operating on a public sidewalk with a slope greater than five percent.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

A. A vendor who vends in a residential area with a mobile cart shall move continuously, except when conducting a sale, which must last no more than seven minutes per sale, except as may be approved by the director.

B. Every cart must not exceed a length of eighty inches, a width of fifty-four inches, or a height, including roof or awning, of eighty-four inches. A permit applicant may request, and the city may approve, a small table for condiments to be used in conjunction with a cart selling food.

C. To facilitate the enforcement of this chapter, every vendor must display their city-issued sidewalk vending permit, business license, and retail food 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 sidewalk.

D. A food vendor must provide a trash receptacle for customers and must ensure proper disposal of all trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles located on any block for use by the general public. A vendor may not dispose of customer trash in existing trash receptacles on sidewalks.

E. A vendor must maintain a clean and trash-free ten-foot radius from the vendor's cart during hours of operation and must leave the area clean by the approved closing time.

F. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way overnight. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized.

G. No cart, condiment table, or vendor's trash receptacle may be left on the sidewalk after the vendor's approved closing time.

H. No cart shall be chained or fastened to any pole, sign, tree or other object in the public right-of-way or left unattended.

I. Vendors are prohibited in all parks, trails, open spaces, and/or any unpaved property owned by the city without first obtaining a park concession permit per city council Policy 1201.

J. All vendors shall comply with all applicable State and federal laws and provisions of this Code, including, but not limited to, Redding Municipal Code Section 18.40.100.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

The vendor shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation that remains within ten feet of the vendor's location.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

Notwithstanding the provisions of this article, vendors operating within a certified farmers' market, as permitted by this Code, shall comply with all of the provisions of the certified farmers' market's temporary use permit.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

A. The director may suspend and/or revoke a sidewalk vendor permit if it is determined that the application was inaccurate, that the vendor failed to meet requirements of this chapter, the vendor has repeatedly violated the provisions of this chapter, or that the vendor is operating in a manner detrimental to public health, safety, or the general welfare of the city. Any suspension or revocation of a permit issued under this chapter shall be in accordance with Government Code Sections 51038 and 51039.

B. Any revocation or denial of a sidewalk vendor permit application, as provided by this chapter, the vendor or applicant may appeal the decision to the Director within ten calendar days.

1. Upon receipt of a timely notice of appeal, the director shall transmit said notice of appeal to the city manager. Appeals shall be heard by the city manager within thirty calendar days of the date notice of appeal was received by the city manager.

2. After considering all of the testimony and evidence submitted at said hearing, the city manager or his/her designee shall decide the appeal based upon a preponderance of the evidence and issue written findings. Hearings before the city manager or his/her designee shall not be bound by formal rules of evidence. The city manager or his/her designee may deny, uphold, or modify the discipline imposed by the director. The findings and decision of the city manager or his/her designee shall be final and conclusive and not appealable to the city council.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

A vendor issued a citation shall be subject to the following fines:

A. Vending without a valid permit and/or business license:

1. An administrative fine of two hundred fifty dollars for a first violation.

2. An administrative fine of five hundred dollars for a second violation.

3. An administrative fine of one thousand dollars for a third violation.

4. An administrative fine of one thousand dollars for a fourth and each subsequent violation and confiscation of the cart, food and merchandise.

5. The administrative fines listed in this paragraph may be reduced from: two hundred fifty dollars to one hundred dollars; five hundred dollars to one hundred fifty dollars; and one thousand dollars to two hundred dollars upon submission of proof of permit or business license to Code Enforcement within sixty calendar days of the violation.

B. A violation of this chapter, other than those violations identified in Subsection (A) of this section, shall be punishable only by the following:

1. An administrative fine not exceeding one hundred dollars for a first violation.

2. An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.

3. An administrative fine not exceeding five hundred dollars for a third violation within one year of the first violation.

4. An administrative fine not exceeding five hundred dollars for a fourth and each subsequent violation(s) within one year of the first violation.

5. The city may revoke, suspend, or rescind a permit issued pursuant to this chapter upon the fourth or subsequent violation of this chapter.

C. This chapter may otherwise be enforced by means of the administrative processes and remedies set forth in Chapters 1.13 and 1.14 of the Redding Municipal Code.

D. Each violation of this chapter shall constitute a separate violation. Every day of vending without a valid vending permit constitutes a separate offense.

E. A violation of any provision of this chapter constitutes a public nuisance.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)

All vendors and/or responsible parties, as defined in Section 1.14.020, shall be jointly and severally liable for violation of any provision set forth in this chapter.

(Ord. No. 2608, §§ 3, 4, 8-20-2019)