Redlands Municipal Code Ch. 12.45 Sidewalk Vending

The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors and the local environment. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community and the local environment while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community and the local environment. (Ord. 2922, 2023)

For purposes of this Chapter, the following words shall have the meanings ascribed to them:

A. Stationery sidewalk vendors are prohibited from operating in the City unless they have obtained a valid business license. As part of the application for a business license, the stationary sidewalk vendor shall submit proof of general liability insurance naming the City of Redlands as an additional insured in the amount of one million dollars ($1,000,000.00) and, if the vendor is preparing and/or selling food, a copy of a current San Bernardino County Department of Environmental Health Services permit issued to the vendor. The permits and proof of insurance shall be posted for public view during vending activities.

B. Stationary sidewalk vendors are prohibited from operating or establishing in any residential zone of the City.

C. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, seven o'clock (7:00) A.M. to two o'clock (2:00) A.M. Monday through Sunday provided they meet the following:

1. The sidewalk vendor can set up vending operations while still leaving a minimum of thirty-six inches (36") of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

2. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

3. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces or building windows; and

4. No vending shall occur within fifteen feet (15') of a fire hydrant, fire escape, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and

5. In order to achieve the minimum accessible path of travel set forth in subsection C1, only one (1) table, two (2) chairs and one (1) umbrella shall be permitted in conjunction with the vendor's vending activities. No fences, shade structures, other site furniture, or any freestanding signs are permitted; and

6. The vendor shall not attach or use any water lines, electrical lines, gas lines or power generators during vending operations; and

7. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and

8. No vending shall occur within two hundred feet (200') of any City-sponsored or co-sponsored events, the Certified Farmers' Market, construction-related street or lane closure, filming location, the Redlands Municipal Airport, Event Day, or an event held pursuant to a City Event Permit; and

9. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty five degrees (45°) with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty feet (30') from the intersection of such lines at the corner of a street or highway; and

10. No vending shall occur within one hundred feet (100') of the property line of any school; any postsecondary educational facility attended by secondary pupils; or any private kindergarten, elementary, or secondary school facility; and

11. No vending shall occur within three feet (3') of any street lights, edges of tree wells, parking meters, or above-ground utility structures; and

12. No vending shall occur within three feet (3') of any existing subsurface utility box, valve, or vault; and

13. No vending shall occur within thirty feet (30') of another vendor; and

14. No vending shall occur within three feet (3') of bus stop locations, red curbs, or at locations where there are existing above-ground amenities such as newsstands or street furniture, including but not limited to benches and bike racks; and

15. No vending shall occur within fifty feet (50') from the centerline of a rail line.

16. No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots, alleys, or bikeways; and

17. No vending shall occur within thirty feet (30') of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly; and

18. Open burning or open flame devices are not permitted to be utilized. (Ord. 2922, 2023)

A. Sidewalk vending of food or merchandise by roaming or stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise.

B. Sidewalk vendors may operate in Parks provided they meet the following:

1. For stationary sidewalk vending, the sidewalk vendor can set up vending operations while still leaving a minimum of thirty-six inches (36") of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

2. The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and

3. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

4. The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces, or building windows; and

5. No vending shall occur within five hundred feet (500') of an Event Day or event held pursuant to a City Event Permit; and

6. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty five degrees (45°) with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty feet (30') from the intersection of such lines at the corner of a street or highway; and

7. The sidewalk vendor does not cause an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park or the public's use and enjoyment of natural resources, including the accessibility of such natural resources by persons with disabilities, and recreational opportunities or regulations directly related to objective health, safety or wellness concerns; and

8. No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots, alleys, or bikeways; and

9. Open burning or open flame devices are not permitted to be utilized. (Ord. 2922, 2023)

Roaming sidewalk vendors shall meet the following:

A. Roaming sidewalk vendors are prohibited from operating in the City unless they have obtained a valid business license. As part of the application for a business license, the roaming sidewalk vendor shall submit proof of general liability insurance naming the City as an additional insured in the amount of one million dollars ($1,000,000.00) and, if the vendor is preparing and/or selling food, a copy of a current San Bernardino County Department of Environmental Health Services permit issued to the vendor. The permits and proof of insurance shall be available for inspection during vending activities upon request; and

B. Sidewalk vending hours for residential zones shall be conducted from sunrise to sunset Sunday through Saturday; and

C. The sidewalk vendors shall maintain their temporary vending area in a clean, orderly, and sanitary condition; and

D. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and

E. The sidewalk vendor does not conduct sales from a public street; and

F. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty five degrees (45°) with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty feet (30') from the intersection of such lines at the corner of a street or highway; and

G. No vending shall occur within two hundred feet (200') of a city-sponsored or co-sponsored event, the Certified Farmers' Market, construction-related street or lane closure, filming location, the Redlands Municipal Airport, an Event Day or an event held pursuant to a City Event Permit; and no vending shall occur within one hundred feet (100') from the property line of any school; any postsecondary educational facility attended by secondary pupils; or any private kindergarten, elementary, or secondary school facility; and

H. No vending shall occur within three feet (3') of any street lights, edges of tree wells, parking meters, or above-ground utility structures; and

I. No vending shall occur within three feet (3') of any existing subsurface utility box, valve, or vault; and

J. No vending shall occur within thirty feet (30') of another vendor; and

K. No vending shall occur within three feet (3') of bus stop locations, red curbs, or at locations where there are existing above-ground amenities such as newsstands or street furniture, including but not limited to benches and bike racks; and

L. No vending shall occur within fifty feet (50') from the centerline of a rail line; and

M. No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots, alleys, or bikeways; and

N. No vending shall occur within thirty feet (30') of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly. (Ord. 2922, 2023)

A. It is unlawful for any person to violate any provision, or fail to comply with any requirements, of this Chapter. A violation of this Chapter shall by punished by:

1. A Notice of Violation shall be issued for a first violation.

2. An administrative fine not exceeding fifty dollars ($50.00) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding one hundred dollars ($100.00) for a third violation within one (1) year of the first violation.

4. An administrative fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

B. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.

C. When assessing an administrative fine pursuant to this Chapter, the adjudicator 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.

1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of the administrative fine imposed pursuant to this Chapter.

2. The City 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.

D. A sidewalk vendor that is preparing and/or selling food without a valid San Bernardino County Department of Environmental Health Services permit may have their food discarded when it is determined by the City's enforcement officer that there is an immediate threat to the public health and safety.

E. Nothing contained herein shall be construed to impede the City's or the County's ability to enforce San Bernardino County Health Department codes and regulations. (Ord. 2922, 202