Chapter 127 — SIDEWALK VENDING

As used in this chapter the following meanings shall apply. ROAMING SIDEWALK VENDOR. A sidewalk vendor who moves from place to place and stops only to complete a transaction. SIDEWALK. The area of the public right-of-way which is designated or ordinarily used for pedestrian travel, and including also any paved or unpaved land within the right-ofway adjacent to any public street or highway. Sidewalk also includes other pedestrian paths located on public property. SIDEWALK VENDING RECEPTACLE. A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance. SIDEWALK VENDOR. 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. A sidewalk vendor who vends from a fixed location. (Ord. 718, passed 3-4-25) § 127.02 SIDEWALK VENDING PERMITS. (A) Only sidewalk vendors with a valid sidewalk vending permit issued by the Community Development Director or designee, may vend upon the city's public rights-of-way, sidewalks or public parks. (B) A sidewalk vending permit shall be valid for a period of one year from the date of issuance, unless sooner rescinded as set forth in § 127.99(B)(4). (C) To apply for a sidewalk vending permit, the applicant must provide: (1) A completed application form containing: (a) Their name and mailing address; (b) Description of the merchandise offered for sale or exchange; (c) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation; and (d) Certification that the information is true to his or her knowledge and belief. (2) A copy of a California's 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 Cal. Gov’t Code § 51038(c)(4). (3) A copy of a valid California Department of Tax and Fee Administration seller's permit, as required. (4) A copy of a valid business license issued pursuant to Chapter 110 of this code. (5) If vending includes food, a copy of a valid mobile food permit issued by the County of Los Angeles Department of Public Health. (6) Certificate of insurance and endorsements for general liability insurance, naming the City of San Gabriel as additional insured and in the amount required by the city's Risk Manager. (7) A statement indicating whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if the latter, the intended method and path of travel. (8) A description of the dimensions of the sidewalk vending unit, including the square footage of any display area, and a picture of each sidewalk vending unit operating under the permit. (9) If a vehicle is to be used, a description of the same, together with license number or other means of identification. (D) The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of this code. (E) Certificate. The city shall issue to each permittee at the time of delivery of their permit a certificate which shall contain the words “Licensed Sidewalk Vendor,” the period for which the permit is issued, and the number of the permit, in letters and fonts easily discernible from a distance of ten feet. Such certificate shall, during the time such permittee is engaged in sidewalk vending, be worn constantly by the permittee on the front of their outer garment in such a way as to be conspicuous. (Ord. 718, passed 3-4-25) § 127.03 GENERAL REGULATIONS. (A) To maintain accessibility standards for the city's disabled residents, every sidewalk vendor operating on any sidewalk shall ensure that no obstruction is placed: (1) In, on, over or near the sidewalk that would reduce the width of the sidewalk to less than 48 inches, exclusive of the top of the curb; (2) That would interfere with traffic signage by being located within 100 feet of a traffic signal, stop sign, directional sign or commercial driveway; or (3) That would obstruct vehicular traffic. (B) To prevent food-borne illness and protect the health and safety of the city's residents, every sidewalk vendor selling any food or beverage which is not in a prepackaged container is required to wear a hairnet and food service gloves. (C) A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way. (D) No equipment or objects used for sidewalk vending purposes may be left or maintained unattended in public spaces or in any portion of the public right-of-way. Any equipment or objects left unattended 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. (E) To facilitate the enforcement of this chapter, every sidewalk vendor must display their 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. (F) To preserve accessibility to private and public facilities, a sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed impeding entry to and exit from a business or residence or access to a public facility. (G) A sidewalk vendor must not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana. (H) A sidewalk vendor is responsible for maintaining clean vending sites. A si

f-way must ensure that no obstruction is placed impeding entry to and exit from a business or residence or access to a public facility. (G) A sidewalk vendor must not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana. (H) A sidewalk vendor is responsible for maintaining clean vending sites. A si

f-way must ensure that no obstruction is placed impeding entry to and exit from a business or residence or access to a public facility. (G) A sidewalk vendor must not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana. (H) A sidewalk vendor is responsible for maintaining clean vending sites. A sidewalk vendor must be equipped with trash receptables large enough to ensure proper disposal of trash generated by vending operations. A sidewalk vendor may not dispose of any trash in private, or city- owned trash cans intended for use by the general public. (I) A sidewalk vendor must not use an open flame on or within any sidewalk vending receptacle.

(J) Sidewalk vending receptacles and units must not touch, lean against, or be affixed at any time to any sidewalk, building or structure including, but not limited to, pavement or pavers, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.

(K) A sidewalk vendor may not use any horns, music, flashing lights, digital signs, digital advertising, any other visual media, or any other amplifying device unless approved in the sidewalk vending permit.

(Ord. 718, passed 3-4-25)

(A) Sidewalk vending hours in areas zoned for non-residential use shall be limited to the operating hours of other businesses or uses on the same street, excluding those permitted to operate 24 hours. If other uses on the same street do not have uniform hours of operation, the hours of operation shall be the same as the majority of other businesses or uses on the same street.

(B) Roaming sidewalk vending is limited to the operating hours of 9:00 a.m. through 6:00 p.m. in areas that are exclusively residential.

(C) Stationary sidewalk vending is prohibited from operating in areas that are exclusively residential.

(D) A stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that city park. A sidewalk vendor shall be prohibited from locating within 100 feet of a creek, river, drainage way, lake, reservoir or other body of water, any recreational equipment or other structure or building located within a city park.

(E) A sidewalk vendor is prohibited from operating within 500 feet of a permitted certified farmers' market, or any area subject to an encroachment permit, temporary use permit, or special event permit, for special uses, including, but not limited to filming, parades, outdoor concerts, holiday events, community events, swap meets, art or cultural events, etc.

(F) To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no sidewalk vendor is permitted to operate within 250 feet of a public or private school during the period extending of one hour before the start of classes and one hour after the end of classes.

(G) Sidewalk vendors are prohibited from operating within five feet of streetlights, parking meters, edges of street wells, above ground utility structures, newsstands, bike racks. (H) Sidewalk vendors are prohibited from operating within 15 feet of fire hydrants, bus bench, transit shelter, crosswalk, driveway.

(I) Sidewalk vendors are prohibited from operating within 20 feet from another vendor, or entrance or exit of any building.

(J) Sidewalk vendors are prohibited from operating within 45 feet of an intersection.

(K) Sidewalk vendors shall not operate on any sidewalk that is less than nine feet wide and shall maintain at least four feet wide clear path of travel. (Ord. 718, passed 3-4-25)

(A) Any fine issued under § 127.99 will be accompanied by a notice of and instruction regarding the right to request an ability-to-pay determination.

(B) If the requester is receiving public benefits under Cal. Gov’t Code § 68632(a), or has a monthly income which is 125% or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the city shall limit the total amount of the requestor’s administrative fine to 20% of the total and may:

(1) Allow the person to complete community service in lieu of paying the total administrative fine; (2) Waive the administrative fine; or (3) Offer an alternative disposition.

(Ord. 718, passed 3-4-25)

(A) Every person engaged as a sidewalk vendor operating without a sidewalk vending permit is guilty of an administrative violation punishable by an administrative fine not to exceed:

(1) Two hundred fifty dollars for a first violation;

(2) Five hundred dollars for a second violation within one year of the first violation; and (3) One thousand dollars for each additional violation within one year of the first violation.

(B) Every person violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed: (1) One hundred dollars for a first violation;

(2) Two hundred dollars for a second violation within one year of the first violation;

(3) Five hundred dollars for each additional violation within one year of the first violation; and

(4) The city may revoke a sidewalk vending permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter.

(C) Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. (D) An administrative violation constitutes a separate and distinct violation for each day that it exists, and each such violation may be subject to the maximum fine permitted under this chapter.

(Ord. 718, passed 3-4-25)