Sacramento Municipal Code Art. III Sidewalk Vending Permittee Regulations

No permittee shall engage in sidewalk vending inconsistent with this chapter or the conditions of the sidewalk vending permit. (Ord. 2020-0001 § 3)

A. A permittee is responsible for the outdoor vending activities of its agent.

B. Notwithstanding any other provision of this chapter to the contrary, no agent shall engage in outdoor vending in violation of the provisions of this chapter and, in addition to the permittee, is subject to the fines and penalties under this chapter. (Ord. 2020-0001 § 3)

No permittee shall engage in sidewalk vending without displaying a valid sidewalk vending permit decal in plain view at all times or without posting or keeping on one's person a business operations tax certificate in accordance with section 3.08.100. (Ord. 2020-0001 § 3)

A. No permittee shall use a cart that exceeds twelve feet in length, nine feet in width, and ten feet in height, or that has an overhang that exceeds nine feet in diameter. All other overhangs or tents are prohibited.

B. In addition to the permit decal and business operations tax certificate described in section 5.90.220, no permittee shall use more than two signs while engaged in sidewalk vending. The signs must be attached, fastened, or connected to a cart and may not exceed an aggregate display surface of 20 square feet.

C. No permittee shall use an inoperable or immoveable cart to engage in sidewalk vending.

D. No permittee shall leave a cart unattended on a public sidewalk or pedestrian path or on private property without the consent of the owner or occupant.

E. Notwithstanding subsection A, the city manager may impose additional size or design conditions in accordance with California Government Code section 51038. (Ord. 2020-0001 § 3)

No permittee shall engage in sidewalk vending unless there is adequate lighting for customer safety and visibility. Permittees who use their own lighting shall direct the lighting downward and away from streets and adjacent properties. (Ord. 2020-0001 § 3)

No permittee shall engage in sidewalk vending with amplified sound. (Ord. 2020-0001 § 3)

Except as otherwise provided in this chapter, a permittee may only engage in sidewalk vending during the hours of operation of adjacent businesses or uses on the same street. (Ord. 2020-0001 § 3)

A. No permittee shall sell or serve alcohol, tobacco, cannabis, or cannabis products as defined in chapter 5.150 while engaging in sidewalk vending.

B. Permittees shall keep all food, beverages, or merchandise for sale on the cart or their person until it is transferred to the customer.

C. Permittees shall properly store and dispose of all waste generated by the sidewalk vending operations, including chemical and organic waste, in accordance with applicable law and regulation. (Ord. 2020-0001 § 3)

Permittees shall engage in sidewalk vending in a manner that does not require or encourage customers to interfere with or obstruct public rights-of-way, pedestrian pathways, or traffic. (Ord. 2020-0001 § 3)

A. No permittee shall engage in sidewalk vending on the public sidewalk or other pedestrian path, unless at least five feet or 50% of the overall width of the sidewalk or other pedestrian path, whichever is greater, is open to pedestrians.

B. Notwithstanding subsection A, no permittee shall engage in sidewalk vending:

1. In the central city and the Old Sacramento Business District, where the sidewalk vending operations leave a width of less than six feet on the public sidewalk or other pedestrian path open to pedestrians;

2. In the public pedestrian easement as described in section 12.44.020.B;

3. Within 100 feet of another permittee in high-pedestrian areas as designated on the sidewalk vending permit;

4. In any location that impedes access to any driveway, bicycle rack, crosswalk, off-street parking, parking meter, pedestrian, bicycle route, emergency vehicle routes, garbage receptacle enclosure area, or garbage receptacle;

5. Within six feet of a station or stop of regional transit or other similar transit system or an entrance or exit of any building;

6. Within 400 feet of a school between the hours of 7:00 a.m. and 4:00 p.m. on days that the school is in session;

7. On or next to a playground, playfield, open-space landscaped areas, or jogging trail where the operation will damage its turf or interfere with recreational uses, vehicular access, or pedestrian safety; or

8. Within 600 feet of any liquor store or entertainment establishment that maintains a valid entertainment permit issued pursuant to chapter 5.108, between the hours of 10:00 p.m. and 2:30 a.m. (Ord. 2020-0001 § 3)

A. No permittee shall engage in sidewalk vending adjacent to a property in a residential zoning district earlier than 8:00 a.m. or later than 8:00 p.m. on any day during the months of April through October, or earlier than 8:00 a.m. or later than 6:00 p.m. on any day during the months of November through March.

B. Notwithstanding subsection A, no permittee shall engage in sidewalk vending from public rights-of-way adjacent to lots that are vacant or developed exclusively for residential use. (Ord. 2020-0001 § 3)

No permittee shall engage in sidewalk vending:

A. In a city-owned or -operated parking garage or lot;

B. In a park, if the vending does not comply with the provisions of chapter 12.72.070; or

C. Within 300 feet of a special event or outdoor market during its operating hours, except as provided in the applicable permit. (Ord. 2020-0001 § 3)

A. No permittee shall engage in sidewalk vending on private property without the private property owner's or occupant's consent.

B. No permittee shall engage in sidewalk vending on private property if the location from which the permittee operates is not paved with concrete, asphalt, or other similar material.

C. While vending on private property, permittees shall comply with the applicable provisions of this chapter. (Ord. 2020-0001 § 3)

A. Except for as provided in this chapter, no permittee with a stationary sidewalk vending permit shall engage in sidewalk vending from any location other than the location on a public sidewalk or other pedestrian path for which the permit is granted.

B. A stationary sidewalk vending permittee who engages in sidewalk vending in a business improvement district shall pay the applicable business improvement area fees. (Ord. 2020-0001 § 3)

A roaming sidewalk vending permittee engaged in sidewalk vending shall only stop for the time reasonably necessary to complete a transaction. (Ord. 2020-0001 § 3)