San Clemente Municipal Code Ch. 5.52 Street Vending Permits

As used in this chapter:

A. The term "vending from a vehicle on a public street in a residential zone" shall mean the sale or offer for sale or trade of any goods or merchandise whatsoever, including food products, whether prepared or otherwise, from any motorized or non-motorized vehicle, push cart, or other similar conveyance which is either parked, stopped, or standing upon any public street, alley, parkway, sidewalk, or other public property within any residential zone in the City or located upon any public street at any location where either side of the portion of such public street upon which such vehicle is located abuts or is contiguous to any lot or parcel of property which is zoned and used for residential purposes. Vending, however, shall not include the door-to-door sale or provision of goods or services delivered by a vehicle.

B. The term "public street in a residential zone" shall mean any street located within a zone permitting residential uses as designated in Title 17 of this code, and upon which there are located residential uses.

(Ord. 1241 § 1 (part), 2000)

No person shall engage in any vending from a vehicle on a public street in a residential zone without having first obtained a San Clemente street vending permit. Any person found to be engaged in vending from a vehicle on a public street in a residential zone within one (1) year of the effective date of this chapter without having first obtained a San Clemente street vending permit shall be issued a warning directing them to cease vending until such time as they obtain the required street vending permit. Any such person subsequently found to be vending from a vehicle on a public street in a residential zone without a San Clemente street vending permit shall be issued a citation for violating this section, regardless of whether such subsequent violation occurs within one (1) year of the effective date of this chapter.

(Ord. 1241 § 1 (part), 2000)

Any person wishing to obtain a San Clemente street vending permit shall submit a completed San Clemente street vending permit application form, together with the applicable San Clemente street vending permit application fee as established by City Council resolution to the City of San Clemente License Department, and proof that the applicant has a valid insurance policy providing coverage for liability resulting from all acts associated with the street vending operation in an amount not less than five hundred thousand dollars ($500,000.00), such coverage being made on a claims made basis. If the applicant can demonstrate that, on January 1, 2000, he or she was in possession of a valid, nonexpired San Clemente business license for a street vending business, the licensing official shall issue to the applicant a San Clemente street vending permit. All other applicants shall be issued a temporary street vending permit upon submission of the completed application. The licensing official shall, within thirty (30) calendar days of receipt of the application, review the application and either grant, grant with conditions or deny the requested street vending permit. The temporary street vending permit shall be null and void upon a determination on the application by the City's licensing official.

(Ord. 1241 § 1 (part), 2000)

The licensing official shall deny a street vending permit if it is determined, from consideration of the application and other pertinent information in the record, that one or more of the following circumstances exists:

A. It is discovered that the applicant has had a street vending permit revoked by the City or any other governmental entity within the previous two (2) years.

B. It is determined that the information submitted on the application is false.

C. 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.

D. It is determined that the vehicle from which vending is to occur is not properly licensed.

(Ord. 1241 § 1 (part), 2000)

All persons vending from a vehicle on a public street within a residential zone shall comply with the following operational requirements:

A. No person shall vend from a vehicle on a public street within a residential zone between the hours of sunset and sunrise.

B. No person vending from a vehicle on a public street within a residential zone shall use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending vehicle.

C. All vending from a vehicle on a public street within a residential zone shall be conducted in such a manner that all transactions occur off the street and out of traffic lanes in order to prevent persons from having to stand in any portion of the street. A vendor shall be in violation of this provision for actions which include, but are not limited to displaying goods or merchandise on the street side or back side of the vending vehicle, or accepting payment from persons while such persons are standing in the street. In addition, the vending vehicle shall only be parked in a legal manner.

D. All persons vending from a vehicle on a public street within a residential zone shall, prior to leaving the vending area, collect all litter within two hundred (200) feet of the vehicle that was generated by the vending operation.

E. All persons vending from a vehicle on a public street within a residential zone shall carry with them and deploy a trash receptacle for the use of their patrons while vending.

F. All persons vending from a vehicle on a public street within a residential zone shall maintain all federal, state and local permits necessary to engage in their specific type of vending.

G. At no time shall the vehicle be parked within five hundred (500) feet of a public or private school while vending is occurring.

H. The applicant shall maintain in full force and effect a policy of insurance providing coverage for liability resulting from all acts associated with the street vending operation in an amount not less than five hundred thousand dollars ($500,000.00), such coverage being made on a claims-made basis.

(Ord. 1241 § 1 (part), 2000)

A street vending permit shall be suspended or revoked by the license official or his or her designee if it is determined that the permittee or any person under the permittee's control has violated any of the provisions contained in Sections 5.52.040 through 5.52.050, inclusive. The first violation shall result in a suspension of the street vending permit for a period of one week. Any second violation occurring within two years of the first violation shall result in suspension of the permit for 30 calendar days. Any third violation occurring within two years of the first violation shall result in a revocation of the street vending permit. 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. The penalties set forth in this section are not exclusive remedies and the City may pursue any remedy available under the law.

(Ord. 1241 § 1 (part), 2000; Ord. No. 1664, § 10, 9-18-2018)

Any person wishing to appeal a determination of the City license official shall file a written request with the City Clerk explaining the specific grounds upon which the appeal is being made. The filing of the appeal shall stay the enforcement of any decision suspending or revoking the permit. The City Clerk shall schedule an appeal to be heard before a Hearing Officer within thirty (30) calendar days of receipt of such request. Notice of the appeal hearing shall be provided in the manner required under Section 17.12.100 of this code. Notice of the time and place of the hearing shall be sent to the permittee via certified mail, return receipt requested, and postage prepaid at least fifteen (15) calendar days in advance of the date set for the hearing. At the hearing, the permittee and the City shall be entitled to legal representation, present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The Hearing Officer shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the Hearing Officer. The Hearing Officer may continue the hearing as deemed necessary. Within fifteen (15) calendar days after the conclusion of the hearing, the Hearing Officer shall issue his or her decision, in writing, to both the City and the permittee. The decision shall be mailed, postage prepaid, to the address listed on the permittee's permit. The decision of the Hearing Officer shall be final, and any decision upholding a suspension or revocation of a permit shall become immediately enforceable.

(Ord. 1241 § 1 (part), 2000)

Editor's note— Ord. No. 1664, § 11, adopted Sept. 18, 2018, repealed § 5.52.080, which pertained to Penalties—Attorney's fees and costs and derived from Ord. 1300 § 5, adopted in 2005; Ord. 1241 § 1 (part), adopted in 2000; and Ord. No. 1501, § 4, adopted March 16, 2010.

If any provision or clause of this chapter or the application thereof is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, clauses or applications of this chapter which can be implemented without the invalid provision, clause or application, it being hereby expressly hereby declared that this chapter, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, adopted, and/or ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, and/or phrases be declared invalid or unconstitutional.

(Ord. 1241 § 2, 2000)