San Bruno Municipal Code Ch. 4.18 Sidewalk Vending

The purpose of this chapter is to implement regulations pertaining to sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law.

(Ord. 1878 § 4, 2020)

For purposes of this chapter, the following definitions apply:

"Certified famers' market"

means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

"Park"

means a public park owned by the city.

"Roaming sidewalk vendor" or "vending"

means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

"Sidewalk vendor" or "vending"

means a person who sells food or merchandise 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 or other pedestrian path.

"Stationary sidewalk vendor"

means a sidewalk vendor who vends from a fixed location.

"Swap meet"

means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

"Temporary event permit"

means events as defined and regulated in Section 12.80.483 (Temporary Use) and 12.84.030 (Temporary Uses) of this code, events authorized by a city-issued permit pursuant to regulations adopted by the city as may be amended from time to time, and for the purpose of this chapter is intended to convey a meaning similar to or the same as a "temporary special permit issued by a local authority" as used in California Government Code Section 51038(d)(2), as it may be amended from time to time.

(Ord. 1878 § 4, 2020)

A. Only sidewalk vendors with valid and current sidewalk vending permits issued by the city's police department may vend upon the city's public right-of-way.

B. To apply for a sidewalk vending permit, the applicant must provide all of the following:

1. A completed application form containing:

a. Name and mailing address;

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

c. A description of the merchandise/goods to be offered for sale or exchange, and the proposed days/hours of sales.

2. A valid city of San Bruno business license.

3. A copy of a California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor.

4. A copy of a California driver's license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by Government Code Section 51038(c)(4).

5. If preparing or selling food, a copy of the County Health Department permit issued to the vendor.

6. To ensure the safety of residents and the merchantability of products sold by vendors without a fixed place of business, the city requires all sidewalk vending applicants to undergo a fingerprinting background check and to submit the results to the city as an attachment to the vendor's application.

7. If the applicant proposes to be a stationary 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 forty-eight inches of accessible route area, in compliance with the Americans with Disabilities Act.

8. If the applicant proposes to be a stationary sidewalk vendor, an encroachment permit pursuant to Chapter 8.16 (Encroachment Permits) of this code.

9. A copy of a general liability policy naming the city of San Bruno and its officials, officers, employees, and agents as additional insured in the amount of one million dollars.

10. A statement, as provided in the vending permit application form, that the applicant agrees to comply with the provisions of this chapter and all applicable provisions of the San Bruno Municipal Code.

11. A statement certifying that to the best of the applicant's knowledge and belief, the information contained in the application is true.

C. At the time the application or renewal application is filed, the applicant shall pay a permit processing fee as established by separate resolution of the city council.

D. 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.

E. 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. 1878 § 4, 2020)

A. To maintain accessibility standards and keep the sidewalks clear, clean and passable, sidewalk vendors shall adhere to the following minimum standards:

1. Every sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk to less than forty-eight inches, exclusive of the top of the curb. No obstruction shall be located in a sidewalk or public right-of-way less than six feet in width when the sidewalk is adjacent to the curb.

2. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition.

3. The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows.

4. No vending shall occur within ten feet of a fire hydrant, fire escape, bus stop, loading zone, accessible parking space or access ramp, fire station driveway, or police station driveway; and

5. No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities; and

6. The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and

7. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited.

B. To prevent food-borne illness and protect the health and safety of the city's residents and visitors, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves.

C. To prevent dangerous distractions and to promote the general welfare of the community, sidewalk vendors shall not emit any loud, unnecessary and unusual noises and must comply with Chapter 6.16 (Noise Regulations) of this code.

D. A sidewalk vending permit does not provide an exclusive right to operate within any part of the city or a specific portion of the public right-of-way.

E. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way from nine p.m. to eight a.m. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city.

F. To facilitate enforcement of this chapter, every sidewalk vendor must display that vendor's city-issued sidewalk vending permit on the street side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way. Every vendor issued a permit will also receive a photo identification badge that is personal and not assignable or transferable. Every vendor must be in possession of both the permit and photo identification badge at all times when engaged in the business so permitted within the city, must display such city photo identification badge on the demand of any person to whom he or she vends or seeks to vend and also of any public safety officer or official of the city, shall not alter, remove, or obliterate any entry made upon such permit or badge or deface such permit or badge in any way.

(Ord. 1878 § 4, 2020)

A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the city, including the R-1, R-1-D, R-2, R-3, and R-4 zoning districts. Roaming sidewalk vendors are limited to the hours of eight a.m. through six p.m. for those areas that are zoned exclusively residential.

B. Sidewalk vending hours in areas zoned for nonresidential use are as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate twenty-four hours per day.

C. No vending shall occur within the five hundred feet of a certified farmers' market, a swap meet, or an event held pursuant to a temporary event permit.

(Ord. 1878 § 4, 2020)

Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any city park with a concession stand operated by a vendor under exclusive contract with the city selling food or merchandise. Roaming vendors may operate in city parks only in compliance with this chapter, and must discontinue their activities one hour before park closure.

(Ord. 1878 § 4, 2020)

A. A sidewalk vendor permit issued under this chapter may be suspended or rescinded by the community and economic development director 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;

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. 1878 § 4, 2020)

A. In the event that an applicant or permittee desires to appeal from any order, revocation, or other ruling of the police department (or other designee of the city manager designated to issue such permits) made under the provisions of this chapter, such applicant shall have the right to appeal such action or decision. The procedure to appeal a denial shall be as set forth in San Bruno Municipal Code Sections 4.04.100 and 4.04.110. The procedure to appeal a suspension or revocation shall be as set forth in subsections C and H, inclusive of Section 4.04.090, and in Section 4.04.110.

B. This section shall be self-executing and the suspension or revocation shall be effective immediately. The police chief shall give notice of the suspension or revocation of the permit and sufficient notice shall be given if mailed or delivered to the permittee's last known local address.

(Ord. 1878 § 4, 2020)

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter. A violation of this chapter shall by punished by:

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

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

3. An administrative fine not exceeding five hundred dollars 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 subsection A, set forth above, be punished by:

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

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

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

C. If an individual is subject to subsection B, set forth 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 subsection A, respectively.

D. The proceeds of any administrative fines assessed pursuant to this chapter shall be deposited in the treasury of the city.

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 subdivision (a) or (b) of Government Code Section 68632, the city shall accept, in full satisfaction, twenty percent 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 Government Code Section 51036, and following, had this statute 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.

(Ord. 1878 § 4, 2020)