Sacramento Municipal Code Art. I General Provisions

A. Purpose.

1. Sidewalk vending benefits our community by providing convenience, generating economic vitality, and encouraging pedestrian activity. In addition, it offers an entrepreneurial opportunity for the people in our community to open a small business and provide unique foods and merchandise that may not be available at brick-and-mortar businesses.

2. It is the purpose and intent of the city council to regulate sidewalk vending consistently with state law and implement a strong and effective regulatory system to protect the health, safety, and welfare of the city's residents and visitors.

B. Findings. The city council finds as follows:

1. This chapter ensures important objectives and policies of the city are upheld.

2. Residential restrictions on stationary sidewalk vending protects the quality of life of the city's residents and visitors and minimizes disruption to the quiet enjoyment of residential property.

3. Traffic and safety regulations for outdoor vending ensures the safety of the city's residents and visitors and minimizes impacts to public rights-of-way.

4. Prohibiting sidewalk vending within 400 feet of schools during certain hours promotes public safety and minimizes impacts to public rights-of-way and traffic. (Ord. 2020-0001 § 3)

As used in this chapter:

"Agent" means a person engaged in sidewalk vending on behalf of a permittee.

"Amplified sound" means speech, music, or other sound projected or transmitted by electronic equipment including amplifiers, loud speakers, microphones, or similar devices; or combinations of devices which are powered by electricity, battery, or combustible fuel; and which are intended to increase the volume, range, distance or intensity of speech, music, or other sound.

"Cart" means a piece of equipment used for outdoor vending which has no motor and is not mobile, except when being pushed, carried, or transported to and from a location. A "cart" includes a pushcart, pedal-driven cart, electric bicycle, wagon, showcase, stand, display, rack, or other nonmotorized conveyance.

"Central city" has the same meaning as in section 17.108.040.

"City manager" means the city manager or the city manager's designee.

"Electric bicycle" has the same meaning as in section 5.18.020.

"Old Sacramento business district" means the area within the boundary beginning at the intersection of the westerly city limits of the City of Sacramento and the center line of the "I" Street Bridge; thence easterly along the centerline of the Street Bridge and Viaduct to its intersection with the continuation of the easterly line of Third Street; thence southerly along said easterly line of Third Street to the point of intersection with the northerly line of Capitol Mall; thence, westerly along said northerly line of Capitol Mall to the point of intersection with the westerly city limits of the City of Sacramento; thence northerly along said westerly city limits to the point of beginning.

"Outdoor market" has the same meaning as in section 17.108.160.

"Permittee" means a person who holds a valid sidewalk vending permit.

"Residential zoning district" has the same meaning as in section 5.68.010.

"School" means any building, portion of building, or group of buildings designed, constructed, and used for public or private education or instruction for minor children including any nursery, elementary, or junior or senior high school. "School" does not include a vocational or professional institution of higher education, including a community college, college, or university.

"Sidewalk" has the same meaning as in section 12.24.010.

"Sidewalk vending" means selling or offering for sale food, drink, or merchandise from a cart or one's person from a public sidewalk or pedestrian path.

"Sidewalk vending permit" means a permit issued pursuant to this chapter.

"Waste" has the same meaning as in California Code of Regulations, title 22, section 66261.2. (Ord. 2020-0001 § 3)

Except as provided in chapter 5.88, no person shall engage in sidewalk vending on the public sidewalk or pedestrian path without a valid sidewalk vending permit. (Ord. 2020-0001 § 3)

A. A sidewalk vending permit expires on July 31st of the calendar year following its issuance, unless otherwise specified on the permit or revoked sooner in accordance with this chapter.

B. A permittee must file an application to renew an outdoor vending permit between June 1st and June 30th of the year that the sidewalk vending permit expires. (Ord. 2020-0001 § 3)

No person shall sell, assign, or transfer in anyway a sidewalk vending permit. Any attempt to sell, assign, or transfer a permit is unlawful and void, and results in the automatic revocation of the permit. (Ord. 2020-0001 § 3)

A permittee shall defend, indemnify, and hold harmless the city, its officers, employees, and agents from and against all actions, losses, damages, liability, costs and expenses of every type and description, including, but not limited to, attorney fees, to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the permittee or the permittee's agents, officers, or employees, arising from sidewalk vending. (Ord. 2020-0001 § 3)

A. Any person who violates a provision of this chapter is subject to an administrative penalty as set forth in this section. The procedures for imposing an administrative penalty are provided in section 1.28.010.

B. Notwithstanding the provisions of section 1.28.010.D.3, the amount of an administrative penalty for a violation of this chapter is:

1. For a violation of any other provision of this chapter:

a. $100 for the first violation,

b. $200 for the second violation within one year of the first violation, and

c. $500 for each additional violation within one year of the first violation.

C. The city may revoke a sidewalk vending permit upon the fourth or subsequent violation of this chapter. (Ord. 2020-0001 § 3)

A. Notwithstanding any other provision of this code, when imposing an administrative penalty pursuant to this chapter, the city shall provide the person who is the subject of the administrative penalty with notice of the right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

B. A person who is the subject of an administrative penalty may request that the city make an ability-to-pay determination on a form prescribed by the city manager pursuant to California Government Code section 51039(f)(1).

C. If the person meets the criteria described in subdivisions (a) or (b) of California Government Code section 68632, the city shall accept as full payment of the administrative penalty any of the alternatives described in California Government Code sections 51039(f)(2) or (f)(3). (Ord. 2020-0001 § 3)

The city manager shall provide an annual written report of the city's regulation and implementation of chapter 5.90 to the city council. At a minimum, the report must include the number of permits the city has issued, modified, suspended, or revoked; and demographic information of applicants and permittees. (Ord. 2020-0001 § 3)