Rolling Hills Estates Municipal Code Ch. 12.10 Sidewalk Vending

The purpose of this chapter is to regulate sidewalk vending within the city using objective regulations that are directly related to protecting the public health, safety, and welfare.

The following definitions apply to this chapter:

"Cart" means any pushcart, pedal-driven cart, display, rack, showcase, stand, table, or other nonmotorized conveyance, and includes a stationary cart or a roaming cart.

"California Retail Food Code" means Part 7 of Division 104 of the California Health and Safety Code (commencing at Section 113700).

"Food" means any type of edible substance or beverage. "Goods" or "merchandise" means any item that is not food.

"Health Department" means the Los Angeles County Department of Public Health.

"Health Department Permit" means any and all licenses, permits, certifications, and courses required and issued by the Health Department of the County of Los Angeles to vend food within the city in accordance with this chapter.

"Person" or "persons" means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity.

"Roaming vending cart" means a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor, to be moved from place to place, and with stops only to complete a transaction.

"Roaming sidewalk vendor" has the same meaning as set forth in Government Code section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.

"Sidewalk" means any paved surface in the public right-of-way provided for the use of pedestrians and includes pedestrian paths.

"Sidewalk vendor" has the same meaning as set forth in Government Code section 51036(a), and includes a person who sells food or merchandise from a cart or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

"State seller's permit" means a permit issued by the California Department of Tax and Fee Administration.

"Stationary vending cart" means a cart or other nonmotorized conveyance that is intended to be operated from a fixed location by a stationary sidewalk vendor.

"Stationary sidewalk vendor" has the same meaning as set forth in Government Code section 51036(c), and includes a sidewalk vendor who vends from a fixed location.

"Vend" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, barter, or exchange anything of value, even if the transaction is characterized as a donation.

(Ord. No. 737, § 3(Exh. A), 11-9-2021)

A. Every cart used to vend food must be approved by the Health Department. A cart may only vend the types of food that are listed and approved by the Health Department under the Health Department Permit.

B. A cart used for sidewalk vending must obtain, possess, and prominently display any required permits that are issued by other public agencies such as a Health Department Permit.

C. A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of this chapter and all other applicable laws and regulations, including the California Retail Food Code if food is sold.

D. No cart that is used for sidewalk vending may exceed a length of seventy-two inches, a width of fifty-four inches, or a height, including roof or awning, of seventy-eight inches, exclusive of a trash receptacle no larger than twenty gallons in capacity.

E. Sidewalk vendors may not set up chairs.

F. All merchandise, including banners, feather flags, flags and pennants must be displayed directly on the cart and may not extend above or beyond the cart.

G. For sidewalk vending in residential areas, a vending cart may only operate between the hours of 10:00 a.m. to 6:00 p.m. For sidewalk vending in nonresidential areas, a vending cart may only operate within the operational hours consistent with other businesses or uses on the same street(s) in those nonresidential areas.

H. No vending cart or trash receptacle may be left on the sidewalk after the sidewalk vendor closes.

I. A sidewalk vendor must maintain a clean and trash-free ten-foot radius from a stationary cart during hours of operation and must leave the area clean at the closing time.

J. Sidewalk vendors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer 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.

K. A stationary vending cart that vends food must be operated within two hundred feet travel distance of an approved and readily available toilet and handwashing facility. If the facility is located on private property, the vendor must possess a copy of an enforceable contract between the private property owner and the vendor allowing the vendor to utilize such facilities, including the days and hours of operation.

L. All signs must be attached to the vending cart and no sign may extend above or beyond the vending cart. Airborne signs such as balloons, banners, feather flags, flags and pennants are prohibited.

M. Vending carts must be self-contained, including any power, cooking, and heating equipment. Sidewalk vendors may not access a city or private power source without authorization from the city or such private property owner or agent.

N. No sidewalk vendor or vending cart may use any device that produces a loud noise, nor may the vendor use or operate any loud speaker, public address system, radio, sound amplifier, or other similar device.

O. Before non-electric generators or auxiliary power may be used to power a vending cart, the sidewalk vendor must obtain permission, as applicable, from the Los Angeles County Air Pollution Control District.

P. Vending of services is prohibited.

Q. Vendors must comply with all applicable federal, state, and local laws, regulations, and ordinances.

(Ord. No. 737, § 3(Exh. A), 11-9-2021)

No stationary vending cart may be used to vend within a residential zoned area. However, a roaming sidewalk vendor may use a roaming vending cart within a residential zone, and must move continuously except when necessary to complete a sale.

A. No sidewalk vendor may place or leave any vending cart:

1. Within five feet of a marked crosswalk.

2. Within five feet of the curb return of an unmarked crosswalk.

3. Within five feet of any fire hydrant.

4. Within five feet ahead and forty-five feet to the rear of a sign designating a bus stop.

5. Within a marked bus zone.

6. Within ten feet of a bench or shelter used for public transit.

7. Within five feet of a driveway or driveway apron.

8. Within twenty feet of an outdoor dining or patio dining area.

9. Within eighteen inches from the edge of the curb.

10. Where placement impedes ingress to or egress from any doorway.

11. Where placement impedes the flow of vehicular traffic such as on public streets or public highways.

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

C. No vending cart may impede the flow of pedestrian traffic by reducing the path of travel to less than four feet, or impede access to or restrict the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).

D. Notwithstanding any specific regulations in this chapter, no sidewalk vendor may install, use or maintain a vending cart where placement endangers the safety of persons or property.

(Ord. No. 737, § 3(Exh. A), 11-9-2021)

A. No sidewalk vending is allowed within three hundred feet of a city-permitted event within the time period commencing one hour before until one hour after the event. Permitted events include certified farmers' markets, and any event that requires an encroachment permit or special event permit, or any other permit or authorization required by the city.

B. The city may by resolution adopt additional requirements consistent with Government Code section 51038(b)(2)(B) for city-owned or operated parks, effective after signs are posted giving notice of such additional requirements.

(Ord. No. 737, § 3(Exh. A), 11-9-2021)

A. Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows:

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

2. An administrative fine of two hundred dollars for a second violation within one year of the first violation.

3. An administrative fine of five hundred dollars for each additional violation within one year of the first violation.

B. The city will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.

C. All citations issued for violations of this chapter are subject to the administrative hearing and appeal process under Chapter 1.25 of this code and the city's authority to use any civil remedy available to collect any unpaid administrative fine.

D. Fines assessed pursuant this section may be reduced to twenty percent of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Government Code section 51038(f).

(Ord. No. 737, § 3(Exh. A), 11-9-2021)

The city may request a sidewalk vendor remove any cart that is in violation of this chapter. If the sidewalk vendor refuses to remove the cart, or if a cart has been abandoned, the city may cause the cart to be removed and may subsequently dispose of the cart (including any associated merchandise and food) if not claimed by the vendor within thirty days of removal by city, or if an administrative appeal is filed related to the cart removal, then thirty days after a final decision in the administrative appeal (including the payment of any outstanding administrative fine).

(Ord. No. 737, § 3(Exh. A), 11-9-2021)