San Bernardino Municipal Code Ch. 5.30 Sidewalk Vending

The vending of prepared or pre-packaged foods, goods and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety and welfare of residents and visitors. The purpose of this chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices; prevent safety, traffic and health hazards; and preserve the public peace, safety and welfare of the community.

(Ord. MC-1517, passed 6-19-2019)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURAL PRODUCTS. Agricultural, horticultural, viticultural and dairy products, livestock and the products thereof, the products of poultry and bee raising, the edible products of forestry and any and all products raised or produced on farms and processed or manufactured products thereof. AGRICULTURAL PRODUCTS does not include cannabis or cannabis products.

CERTIFIED FARMERS’ MARKET. A location operated in accordance with the Cal. Food and Agricultural Code, Division 17, Chapter 10.5 (commencing with § 47000) and any regulations adopted pursuant to that chapter.

CITY. The City of San Bernardino.

COUNTY. The County of San Bernardino.

DIRECTOR OF FINANCE AND MANAGEMENT SERVICES. The Director of Finance and Management Services, or his or her designee.

PARK. A public park owned by the city.

ROAMING SIDEWALK VENDOR or VENDING. A sidewalk vendor who moves from place to place and stops only to complete a transaction.

SIDEWALK VENDOR or VENDING. A person who sells, offers to sell, operates, engages in or carries on a food or merchandise vending business 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, property or other pedestrian path.

STATIONARY SIDEWALK VENDOR. A person who sells, offers to sell, operates, engages in or carries on a food or merchandise vending business from a fixed location without assistance from a transport.

SWAP MEET. A location operated in accordance with the Cal. Business and Professions Code, Division 8, Chapter 9, Article 6 (commencing with § 21660), and any regulations adopted pursuant to that article.

TEMPORARY EVENT PERMIT. Any use as permitted under Chapter 19.70.

(Ord. MC-1517, passed 6-19-2019; Ord. MC-1625, passed 2-21-2024)

(A) (1) All sidewalk vendors shall obtain a sidewalk vending permit from the City Business Registration Division prior to engaging in any sidewalk vending activities.

(2) The following information shall be required:

(a) Name, current mailing address and phone number of the vendor;

(b) If the vendor is an agent of an individual, company, partnership or corporation, the name and business address of the principal;

(c) A description of the merchandise/ goods to be offered for sale or exchange and the days/hours of sales;

(d) A copy of the state seller’s permit with the sales tax number issued by the State Department of Tax and Fee Administration to the vendor;

(e) The vendor must present a valid identification, such as a state identification, Matricula Consular or any other government-issued identification card;

(f) If preparing or selling food, a copy of a current County Public Health Department permit issued to the vendor;

(g) If vendor is selling food, a current decal sticker posted on the food cart issued by the County Public Health Department;

(h) If the vendor proposes to be a sidewalk vendor, a description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 36 inches of accessible route area, in compliance with the Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.;

(i) If the vendor proposes to be a sidewalk vendor, an encroachment permit pursuant to § 12.03.060;

(j) A copy of general liability policy naming the city as additional insured in the amount of $1,000,000; and

(k) A certification by the vendor that, to his or her knowledge and belief, the information contained in the application is true.

(B) At the time the application or renewal application is filed, the application shall pay the permit processing fee established by separate resolution of the City Council.

(Ord. MC-1517, passed 6-19-2019)

(A) Denial of application. The Director of Finance and Management Services may deny an application for a permit if he or she makes any of the following findings:

(1) The applicant has failed to pay the application permit fee;

(2) The applicant has made one or more material misstatements in the application for a permit;

(3) The applicant’s vending operation, as described in the application, is inconsistent with the standards, conditions and requirements of this chapter; or

(4) It is determined that the applicant does not possess all federal, state and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.

(B) Notice of denial. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.

(C) Approval of permit. If the Director of Finance and Management Services approves the applicant’s permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

(D) Exemptions. A sidewalk vending permit shall not be required for the following activities:

(1) The sale of agriculture products on the site where the product is grown. As defined in § 5.30.020, AGRICULTURE PRODUCTS does not include cannabis. Sale of cannabis products must adhere to regulations as stipulated in Chapter 5.10;

(2) Catering for private parties held exclusively on private property and not open to the general public; and

(3) Events permitted pursuant to a lawfully issued temporary event permit, including, but not limited to, a certified farmers’ market, swap meet, street fairs, outdoor concerts, sport league opening day and business sidewalk sales.

(E) Term of permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit.

(F) Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

(Ord. MC-1517, passed 6-19-2019; Ord. MC-1625, passed 2-21-2024)

All sidewalk vendors shall annually apply for renewal of their sidewalk vending permit from the City Director of Finance and Management Services prior to continuing to engage in any sidewalk vending activities. Any sidewalk vendor who currently possesses a sidewalk vending permit allowing him, her or it to operate a vending operation must, upon time of renewal of his, her or its license, apply for a sidewalk vending permit, supplying the information as required in § 5.30.030.

(Ord. MC-1517, passed 6-19-2019; Ord. MC-1625, passed 2-21-2024)

(A) Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the city.

(B) Stationary sidewalk vendors may operate in non-residential zones of the city, including mixed use zones, provided they meet the following:

(1) The sidewalk vendor is duly licensed and meets all requirements of § 5.30.030;

(2) The sidewalk vendor can set up his or her vending operation while still leaving a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway;

(3) If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid health permit issued by the county in a conspicuous location on the food cart;

(4) If the sidewalk vendor is selling food, all employees shall possess a current food handlers card, issued by the county;

(5) Sidewalk vendor food cart shall possess a current decal sticker posted on the food cart;

(6) Sidewalk vending hours shall be conducted between the hours of 8:00 a.m. and 3:00 a.m. the following day;

(7) The sidewalk vendor maintains the vending area in a clean, orderly and sanitary condition;

(8) The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows;

(9) No vending shall occur within ten feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway or police station driveway;

(10) No tables, chairs, fences, shade structures, other site furniture or any freestanding signs shall be permitted in conjunction with the vendors vending activities;

(11) The vendor shall not attach or use any water lines, electrical lines or gas lines during vending operations;

(12) Exterior storage or display of refuse, equipment, materials, goods, wares or merchandise associated with the vendor is prohibited;

(13) No vending shall occur within the immediate vicinity of a certified farmers’ market, a swap meet or an event held pursuant to a temporary event permit; and

(14) The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil and the like) onto or into the city streets, storm drains, catch basins or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.

(Ord. MC-1517, passed 6-19-2019)

(A) Sidewalk vending of food or merchandise by roaming or stationary vendors shall be prohibited in any city park with a concession stand operated by a vendor under exclusive contract with the city selling similar food or merchandise or in an area occupied by a certified farmers’ market.

(B) Subject to division (A) above, sidewalk vendors may operate in city parks; provided they meet the following:

(1) The sidewalk vendor is duly licensed and meets all requirements of § 5.30.030(A);

(2) For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway;

(3) The sidewalk vendor shall cease operations one hour prior to the close of the park;

(4) The sidewalk vendor maintains the vending area in a clean, orderly and sanitary condition;

(5) If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid health permit issued by the county in a conspicuous location on the food cart;

(6) If the sidewalk vendor is selling food, all employees shall possess a current food handlers card, issued by the county;

(7) Sidewalk vendor food cart shall possess a current decal sticker posted on the food cart;

(8) The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces or building windows;

(9) No vending shall occur within the immediate vicinity of an event held pursuant to a temporary event permit;

(10) In city parks that are located within a residential zone, where stationary sidewalk vending is prohibited, as described in division (A) above, only roaming sidewalk vendors shall be allowed in such parks; and

(11) The city can impose regulations to limit the number of sidewalk vendors in city parks to limit the undue concentration of commercial activity that unreasonable interferes with the scenic and natural character of the park or necessary to endure the public’s use and enjoyment of the natural resources and recreational opportunities of city parks.

(Ord. MC-1517, passed 6-19-2019)

Roaming sidewalk vendors shall meet the following:

(A) The sidewalk vendor is duly licensed and meets all requirements of § 5.30.030(A);

(B) If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid health permit issued by the county in a conspicuous location on the food cart;

(C) If the sidewalk vendor is selling food, all employees shall possess a current food handlers card, issued by the county;

(D) Sidewalk vendor food cart shall possess a current decal sticker posted on the food cart;

(E) Sidewalk vending hours for residential zones shall be conducted between the hours of 8:00 a.m. and 8:00 p.m.;

(F) Sidewalk vending hours for non-residential zones shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. of every day;

(G) The sidewalk vendor maintains their temporary vending area in a clean, orderly and sanitary condition;

(H) The sidewalk vendor does not block entrances to buildings, driveways, parking spaces or building windows;

(I) The sidewalk vendor does not conduct sales from a public street;

(J) No vending shall occur within the immediate vicinity of a certified farmers’ market, a swap meet or an event held pursuant to a temporary event permit; and

(K) The vendor shall not discharge any liquid (e.g., water, grease, oil and the like) onto or into city streets, storm drains, catch basins or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.

(Ord. MC-1517, passed 6-19-2019)

(A) A sidewalk vendor permit issued under this chapter may be suspended or rescinded by the Director of Finance and Management Services after four or more violations of this chapter, for any of the following causes:

(1) Fraud or misrepresentation in the course of vending;

(2) Fraud or misrepresentation in the application for the permit; and/or

(3) Vending in a manner that creates a public nuisance or constitutes a danger to the public.

(B) Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

(C) No person whose street vending permit has been revoked pursuant to this chapter shall be issued a street vending permit for a period of two years from the date revocation becomes final.

(Ord. MC-1517, passed 6-19-2019; Ord. MC-1625, passed 2-21-2024)

In the event that any applicant or permittee desires to appeal from any order, rescission or other ruling of the Director of Finance and Management Services made under the provisions of this chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision in accordance with § 8.30.030.

(Ord. MC-1517, passed 6-19-2019; Ord. MC-1625, passed 2-21-2024)

It is the intent of this chapter to regulate sidewalk street vendors in compliance with all provisions of the Safe Sidewalk Vending Act. It is also the intent of this provision for sidewalk vendors to comply with all applicable state and local laws.

(Ord. MC-1517, passed 6-19-2019)

Statutory reference:

Safe Sidewalk Vending Act, see Cal. Gov’t Code, §§ 51036 through 51039

(A) (1) It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter.

(2) A violation of this chapter shall by punished by:

(a) An administrative fine not exceeding $100 for a first violation;

(b) An administrative fine not exceeding $200 for a second violation within one year of the first violation; and

(c) An administrative fine not exceeding $500 for each additional violation within one year of the first violation.

(B) A violation of vending without a sidewalk vending permit may, in lieu of the penalties set forth in division (A) set forth above, be punished by:

(1) An administrative fine not exceeding $250 for a first violation;

(2) An administrative fine not exceeding $500 for a second violation within one year of the first violation; and

(3) An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.

(C) If an individual is subject to division (B) above for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the city, the administrative fines set forth in this chapter shall be reduced to the administrative fines set forth in division (A) above, respectively.

(D) The proceeds of any administrative fines assessed pursuant to this chapter shall be deposited in the City Treasury.

(E) Failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments or any other financial conditions beyond those authorized in this chapter shall not be assessed.

(F) Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law.

(G) When assessing an administrative fine pursuant to this chapter, the adjudicator shall take into consideration the person’s ability to pay the fine. 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. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

(1) If the person meets the criteria described in Cal. Gov’t Code, § 68632(a) or (b), the city shall accept, in full satisfaction, 20% of the administrative fine imposed pursuant to this chapter.

(2) The city may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine or may offer an alternative disposition.

(H) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 (being Cal. Gov’t Code, §§ 51036 through 51039) had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine or conviction before the trial court that entered the judgment of conviction in his or her case.

(I) Nothing contained herein shall be construed to impede the city’s or county’s ability to enforce County Health Department codes, regulations and ordinances.

(Ord. MC-1517, passed 6-19-2019; Ord. MC-1545, passed 10-7-2020)