Rocklin Municipal Code Ch. 5.26 Sidewalk Vending

The purpose of this chapter is to establish a sidewalk vending permitting and regulatory program that complies with Senate Bill 946 (Chapter 459, Statutes 2018) and Senate Bill 972 (Chapter 459, Statutes 2022). The provisions of this chapter allow the city to encourage small business activities by removing total prohibitions on portable food stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public's health, safety, and welfare.

(Ord. No. 1169, § 4, 9-26-2023)

A. If a term or phrase is not defined in this part, or elsewhere in this code, the most common dictionary definition is presumed to be correct.

B. As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise:

1. "Cart" collectively means a stationary cart or mobile cart as defined in "Compact mobile food operation".

2. "Compact mobile food operation (CMFO)" is defined as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

3. "Certified farmer's market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000), of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter.

4. "Citation" means an administrative citation issued pursuant to section 5.26.110 of this Code, unless otherwise specified.

5. "City" means the City of Rocklin, a municipal corporation.

6. "Department" means the community development department of the city.

7. "Food" means any type of edible substance or beverage.

8. "Goods or merchandise" means any item that is not food.

9. "Person or persons" means one or more natural persons, individuals, groups, businesses, business trusts, companies, all domestic or foreign corporations, joint stock corporations, joint ventures, partnerships of every kind, entities, syndicates, associations, clubs, societies, or organizations of any kind composed of two or more individuals, other than as an employee.

10. "Public property" means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the city, other than a street, alley, or parkway.

11. "Recreation area" means all parks, places, greenbelts, gardens, and any other property owned by the city, including structures thereon, used, operated, or maintained for recreational purposes, whether active or passive. The term "owned" shall mean any property interest under which the city operates, maintains, or controls such property.

12. "Residential" means any area zoned exclusively as residential in Title 17 or designated exclusively, or partially, for residential use as part of a Planned Community Zoning District, Planned Community Development Plan, Planned Residential District, Specific Plan, Specific Plan Area, General Development Plan, or a residential overlay district or their equivalent.

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

14. "Sidewalk" means any surface in the public right-of-way provided for the exclusive use of pedestrians, including sidewalk, alleys, and parkway trails or paths.

15. "Sidewalk vending receptacle" or "sidewalk vendor receptacle" is a piece of equipment used for vending, including a CMFO, mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, pushcart, or other non-motorized conveyance, or from one's person, upon a sidewalk or other pedestrian path. These non-motorized conveyances exclude vehicles, as defined in the Vehicle Code of the State of California, from which food or beverages are offered for sale to the public.

16. "Sidewalk vendor" or "vendor" means a person(s) who sells food or merchandise from a sidewalk vending receptacle or from one's person, upon public property.

17. "Sidewalk vendor activities" or "sidewalk vending activity" means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vending receptacles.

18. "Stationary receptacle" means 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 on a daily basis, such as a rack, stand, table, display, or showcase.

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

20. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business & Professions Code, and any regulations adopted pursuant to that article, or any successor chapter.

21. "Vend, vends 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 on public property.

22. "Business license" is tax from the city finance division, required for each person who vends in accordance with this chapter in the city.

23. "Sidewalk vending permit" is written approval required for each vending receptacle used for vending in the city.

(Ord. No. 1169, § 4, 9-26-2023)

A. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid city business license in accordance with 5.04.060 and related sections of 5.04 of Title 5, and complying with all requirements of the business license.

B. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a sidewalk vending permit in accordance with this chapter, and complying with all requirements of the permit.

C. The sidewalk vending permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a sidewalk vending permit under this section shall be made not less than thirty days prior to the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the sidewalk vending permit each year.

D. A separate business license and sidewalk vending permit shall be required for each cart or compact mobile food operation ("CMFO").

(Ord. No. 1169, § 4, 9-26-2023)

A. An application for a sidewalk vending permit for sidewalk vending shall include all of the following, to the extent applicable:

1. The name, address, and telephone number of the applicant and each person who will operate the cart.

2. A photo identification of the applicant and each person who will operate the cart.

3. A description of the cart, including dimensions of the cart, and a photograph of the cart.

4. A complete list of the food or merchandise to be displayed, exchanged, or sold.

5. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.

6. The vendor's California seller's permit number (California Department of Tax and Fee Administration sales tax number).

7. A City of Rocklin business license.

8. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgements, fines, penalties, liabilities, costs, and expenses (including without limitation attorney's fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner related (directly or indirectly) to the street and sidewalk vending permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, city, and/or the parties initiating or bringing such proceeding.

9. An acknowledgement that the use of public property is at the sidewalk vendor's own risk, the city does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at their own risk.

10. An acknowledgement that the sidewalk vendor will obtain and maintain throughout the duration of any sidewalk vending permit issued under this chapter any insurance required by city risk management.

11. A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.

12. A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.

(Ord. No. 1169, § 4, 9-26-2023)

A. Notwithstanding any other requirement in this code, an applicant for a business license or sidewalk vending permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the city shall accept a California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number along with a permit application, which must be provided at time of application. Identification numbers submitted under this chapter shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order.

(Ord. No. 1169, § 4, 9-26-2023)

A. Within thirty calendar days of receiving a complete application, the Community Development Director, or designee, may issue a sidewalk vending permit, with appropriate conditions, as provided for herein, if he or she finds based on all of the relevant information that:

1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceful enjoyment of their property, or otherwise be detrimental to the public peace, health, and safety or general welfare.

2. The conduct of the sidewalk vendor will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the incurring costs or expenditures in either money or personnel not reimbursed in advance by the sidewalk vendor.

3. The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken.

4. The conduct of such sidewalk vending activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the city.

5. The sidewalk vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this chapter.

6. The sidewalk vendor has not had a sidewalk vending permit revoked within the past twelve months.

7. The sidewalk vendor's application contains all required information.

8. The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the city in the application process.

9. The sidewalk vendor has satisfied all the requirements of this chapter.

10. The sidewalk vendor has paid all applicable fees as set by city council resolution.

11. The sidewalk vendor's proposed activities shall conform to the requirements of this chapter.

12. The sidewalk vendor has adequate insurance to protect the city from liability associated with the sidewalk vendor's activities, as determined by city risk management, and, if required by the city, the city has been named as an additional insured.

13. The sidewalk vendor has satisfactorily provided all information requested by the Community Development Director, or designee, to consider the vendor's application.

B. A sidewalk vending permit is nontransferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new street and sidewalk vending permit under this chapter.

(Ord. No. 1169, § 4, 9-26-2023)

A. Each cart used by a sidewalk vendor must display a valid sidewalk vendor permit at all times, which shall be issued by the city, and shall also display all county and state permitting and licensing requirements for the preparation and sale of food.

B. All sidewalk vendors shall comply with the terms and conditions of the sidewalk vending permit and shall not sell any food or merchandise that was not listed in the sidewalk vending permit application.

C. Stationary sidewalk vendors are prohibited from vending in any exclusively residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones.

D. In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items shall not exceed a length of seventy-two inches, a width of fifty-four inches, or a height, including roof, awning, or canopy, of seventy-eight inches.

E. In order to prevent obstructions of the public right-of-way, no sidewalk vendor shall set up or allow use of an additional structure, including a table, crate, carton, or rack, to increase the selling display capacity of the cart unless such item explicitly is allowed in the sidewalk vending permit obtained by the sidewalk vendor.

F. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing city trash receptacle located on any block used by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.

G. In order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.

H. In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time. Carts left unattended on the public right-of-way will be immediately removed by the city for safe keeping and a notice of removal will be posted in the area with instructions on how to reclaim the cart. Any perishables on the cart will be discarded after removal.

I. In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or within a public park or other public property.

J. In order to preserve the safety of vehicular travels, no sidewalk vendor may solicit business from or conduct business with a person in motor vehicles.

K. In order to preserve the safety of vehicular travelers and pedestrians, and preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes.

L. In order to preserve peace, safety, and tranquility a sidewalk vendor may operate a stationary sidewalk receptacle only in an authorized commercial, mixed use, or industrial zone.

M. In order to preserve the peace, safety, and tranquility, roaming sidewalk vendors may only operate between the hours of sunrise to sunset in exclusively residential zones and all sidewalk vendors may only operate in all other allowed zoning districts consistent with the operating hours of restaurants and business hours on the same street.

N. In order to preserve sanitary operations a sidewalk vendor shall have the means to access adequate restroom facilities identified within their roaming routes or stationary locations.

O. In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart, or otherwise, shall be in compliance with the zoning code.

P. Sidewalk vendors must at all times vend in compliance with this chapter.

(Ord. No. 1169, § 4, 9-26-2023)

A. In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers' market, swap meets, and city-permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way:

1. Any area other than a public sidewalk or pedestrian path.

2. Within fifteen feet of a marked crosswalk.

3. Within five feet of the curb return.

4. Within fifteen feet of any fire hydrant, fire call box, or other emergency facility.

5. Within two hundred feet of a police or fire station.

6. Within ten feet of an entrance to or emergency exit of any building or business during the hours that the building or business is open to the public.

7. Within fifteen feet of a transit stop.

8. Adjacent to any designated or marked loading zone or bus zone.

9. Within fifteen feet of the outer edge of a driveway or driveway apron.

10. Any location that would impede entering or exiting a parked vehicle.

11. Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than four feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.

12. Within one hundred feet in any direction of the nearest vendor or concessionaire participating in a certified farmers' market or swap meet.

13. Within fifteen feet of an outdoor dining or patio dining area;

14. Where placement impedes the flow of pedestrian traffic to less than that required by the Americans with Disabilities Act and other relevant standards for accessibility, or impedes access to or the use of abutting property, including but not limited to, residences and places of business;

15. Within one hundred feet of a city-permitted special event, including, but not limited to, parades, concerts, and movie filming's, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within one hundred feet of any portion of the approved event route. For stationary events, vending shall be prohibited within one hundred feet of the parcel boundary for the location of the event.

16. Within five hundred feet of any public, charter, or private school grounds between the hours of 7:00 a.m. and 4:00 p.m. on school days, and during any other time when in use and creating high vehicular traffic, such as uses for major sporting events.

17. Upon or within any roadway, median strip, bike lane, dividing section, or landscape areas.

18. Any public sidewalk location when the straight path would not allow for forty-eight inches, or as the law updates, of clear width walking space of any sidewalk to be in compliance with Americans with Disabilities Act (ADA) regulations.

19. Any public sidewalk where there is a one hundred eighty degree turn path from sidewalk ramps and corner curbs when the location would not allow for forty-two inches approaching the turn, forty-eight inches at the turn, and forty-two inches leaving the turn, or as law updates, or clear width walking space of any sidewalk to be in compliance with ADA regulations.

(Ord. No. 1169, § 4, 9-26-2023)

A. All sidewalk vendors that prepare or sell food must be in compliance with all county and state permitting and licensing requirements for the preparation and sale of food.

(Ord. No. 1169, § 4, 9-26-2023)

A. This chapter shall not apply to the following activities and businesses:

1. Seasonal temporary holiday sales, such as a pumpkin patch or Christmas tree sales and other similar activities for which a conditional use permit or special event permit has been issued.

2. Fireworks sales.

3. Yard sales operated during daylight hours, conducted in accordance with RMC 5.30.030.

4. Vending attendant to a permitted temporary circus or carnival activities.

5. Mobile health or veterinary clinics.

6. Fundraising activities conducted by organizations exempt from the business operations tax.

7. Lemonade stands, or similar enterprises operated solely by persons under the age of sixteen.

B. Nothing in this section relieves persons engaged in the exempted activities or businesses from obtaining any other permit or license required by law, or from conducting the exempted activities or businesses in compliance with the law.

(Ord. No. 1169, § 4, 9-26-2023)

A. For the purposes of this section, "sidewalk vending program" refers to the provisions of Sections 5.26.070 through 5.26.090 and the requirement to obtain a sidewalk vending permit.

1. A violation of any provision in Sections 5.26.070 through 5.26.090 may only be punishable by the following:

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

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

c. An administrative fine not exceeding five hundred dollars for each violation within one year of the first violation.

d. Rescission of the sidewalk vendor's permit for the term of that permit upon the third or subsequent violations.

2. Vending without a sidewalk vending permit may be punishable by the following:

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

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

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

3. Upon proof of a valid sidewalk vending permit, an administrative citation imposed under Section 5.26.110(A)(2) shall be reduced to the respective administrative fine set forth in Section 5.26.110(A)(1).

4. No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed in Section 25.26.110(A)(1) and (2).

5. Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in Sections 5.26.070 through 5.26.090 nor a failure to pay an administrative fine, imposed by Section 5.26.110(A)(1) or (2) shall be punishable as an infraction or misdemeanor.

6. Any person who receives an administrative fine under Section 5.26.110(A)(1) or (2) shall have a right to request an ability-to-pay determination.

a. The city shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.

b. A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.

c. Upon receipt of a request for an ability-to-pay determination, the city manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the city manager or his or her designee shall be final.

d. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the city shall reduce the fine to twenty percent of the amount of the fine originally imposed.

7. The city manager may, in his or her discretion, allow a person who receives an administrative fine under Section 5.26.110(A)(1) or (2) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

8. Nothing in the chapter shall be construed to limit the city's ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against sidewalk vendors, or take any other enforcement actions against sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this code.

(Ord. No. 1169, § 4, 9-26-2023)

A. Any sidewalk vending permit issued under this chapter may be suspended or revoked for any of the following reasons:

1. Fraud or misrepresentation of the application for the street and sidewalk vending permit;

2. Fraud or misrepresentation of the course of conducting the business or vending;

3. Conducting the business or vending contrary to the conditions of the sidewalk vending permit;

4. Conducting the business or vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety, and welfare;

5. The city may revoke or suspend any sidewalk vending permit issued to a sidewalk vendor for the term of that sidewalk vending permit upon the third or subsequent violations.

B. On suspension or revocation, the city shall deliver written notice to the sidewalk vending permit holder stating the action taken and the reason for the supporting action. The written notice shall be delivered to the sidewalk vending permit holder's place of business or mailed to the last known address provided on the permit application.

(Ord. No. 1169, § 4, 9-26-2023)

A. Penalties may be appealed by filing a written notice to appeal to the city clerk per Title 1, Article III of the Rocklin Municipal Code.

B. Sidewalk vending permit application denials, and sidewalk vending permit suspension or revocation may be appealed per Rocklin Municipal Code Title 5, Chapter 5.01 - Appeals Procedures.

(Ord. No. 1169, § 4, 9-26-2023)