Rialto Municipal Code Ch. 11.20 Regulation of Sidewalk Vendors

As used in this chapter:

"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 or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

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

(Ord. No. 1625, § 6, 11-12-19)

A. No sidewalk vendor shall operate without a sidewalk vending permit pursuant to Chapter 5.28 and a valid business license pursuant to Chapter 5.04 of this code, a valid California Department of Tax and Fee Administration seller's permit, and a permit issued by the San Bernardino County Health Department.

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

C. Each sidewalk vendor shall maintain general liability insurance with coverage in the amounts and with the named additional insured as required by the city's risk manager.

D. It shall be prohibited for any sidewalk vendor to operate under any of the following conditions:

1. Vend between 7:00 p.m. and 8:00 a.m. in residential zones;

2. Leave any stand unattended;

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

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

5. 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;

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

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 or on motor vehicles;

9. Sell anything other than that which he or she is licensed to vend;

10. Sound or permit the sounding of any device that produces a loud and raucous noise, or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;

11. Operate within fifty feet of a fire hydrant or twenty-five feet of a transit stop;

12. Operate within fifteen feet of the outer edge of a driveway or vehicular entrance to public or private property;

13. Operate in a manner that does not maintain four feet of clear space on a public sidewalk, in any manner that restricts ten feet of clearance from any operational and utilizable entrance, exit, driveway or loading dock, or in a manner that restricts passage as required by the Americans with Disabilities Act (ADA);

14. Operate on any street that does not have a public sidewalk;

15. Operate as a stationary sidewalk vendor in residential zones;

16. Operate as a stationary sidewalk vendor cart in any city park that has a concessionaire operating under an exclusive concessionaire agreement with the city during the hours the concessionaire is open;

17. Operate within fifty feet of an abutting residential zone within a city park;

18. Operate within a parking lot within a city park;

19. Operate as a stationary sidewalk vendor within five hundred feet of a certified farmers' market or swap meet during the operating hours of that certified farmers' market or swap meet; and

20. Operate in violation of any other generally applicable law.

E. No advertising shall be permitted, except to identify the name of the product or the name of the vendor and the posting of prices.

(Ord. No. 1625, § 6, 11-12-19)

A. Violations of Section 11.20.020, other than failure to possess a valid sidewalk vending permit, is punishable 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 each additional violation within one year of the first violation.

4. Rescission of a sidewalk vending permit for the term of that permit upon the fourth violation or subsequent violations within one year of the first violation.

B. Violations of Section 11.20.020 by vending without a license or permit issued by the city is punishable by the following:

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

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

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

C. Upon proof of a valid permit 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 11.20.030(A) of this code.

D. All fines imposed pursuant to subsection A or B above 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.

E. Infractions. Each and every person who violates a provision of this Section 11.20.020 is further guilty of an infraction. Each and every person convicted of an infraction shall be punishable pursuant to the provisions of Section 11.16.010(B).

F. Except as specifically provided in this Section 11.20.030, administrative fines shall be subject to the provisions of Chapter 1.10 and infractions subject to the provisions of Chapter 1.16 of this code.

(Ord. No. 1625, § 6, 11-12-19)

This chapter shall not apply to day labor activities regulated by Chapter 11.16.

(Ord. No. 1625, § 6, 11-12-19)