Article IV — Stadium Area Sidewalk Vending

(a) "Event days"

means days on which events are held at the stadium which necessitate street closures pursuant to the Traffic Management and Operations Plan.

(b) "Sidewalk vendor"

means a person who sells food or merchandise, whether stationary or roaming, from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

• (c) "Stadium area"

means those specific streets or paths enumerated in SCCC § 5.05.430 . (Ord. 2062 § 2, 8-22-2023; Ord. 2067 § 1, 4-9-2024; Ord. 2075 § 1, 2-25-2025)

The purpose of this article is to strike a balance between supporting entrepreneurship and maintaining a safe environment for stadium patrons by enacting an ordinance regulating the time, place, and manner in which sidewalk vendors may conduct business within the designated stadium area surrounding Levi's Stadium on event days, based upon objective health, safety, and welfare concerns.

(Ord. 2062 § 2, 8-22-2023; Ord. 2067 § 1, 4-9-2024; Ord. 2075 § 1, 2-25-2025)

• (a) At any time, whether on an event day or otherwise, sidewalk vendors operating within the stadium area must possess a valid sidewalk vending permit issued by the Chief of Police or designee.

• (b) To obtain a sidewalk vending permit, sidewalk vendors must complete a permit application, which shall be on a form available at the Police Department, with the following information:

  • (1) Categories of personal identification and business information to be enumerated by the Police Department on the application, and which shall be in accordance with Senate Bill 946.

  • (2) Fingerprinting in accordance with SCCC § 5.05.050 .

  • (3) Business tax certificate in accordance with SCCC § 3.40.070 .

  • (4) Proof of current and valid permit, or other form of approval, from other applicable public agencies including, but not limited to, the Santa Clara County Department of Environmental Health.

  • (5) If an individual or entity other than the applicant owns the pushcart, stand, display, pedaldriven cart, wagon, showcase, rack, or other nonmotorized conveyance used by the applicant, such individual or entity shall be identified in the manner prescribed by the Police Department.

  • (6) If the applicant is employed or otherwise engaged by another individual or entity to perform sidewalk vendor services, such individual or entity shall be identified in the manner prescribed by the Police Department, which shall be in accordance with Senate Bill 946.

• (c) Permits shall be valid for a period of one year and sidewalk vendors must renew their permits annually.

• (d) Fees associated with the initial permit application or annual renewal shall be established by resolution of the City Council and must be remitted at the time of submission of the application or request for renewal.

• (e) An initial permit application may be denied under any of the following circumstances:

  • (1) The applicant failed to submit all required information or fees.

  • (2) The applicant falsified information on the application, concealed a material fact or otherwise committed any fraud in the application.

  • (3) Within the past five years, the applicant had a criminal judgment for misdemeanor or felony entered against him or her for a crime of violence or a property crime related to theft or

fraud.

• (f) A request for permit renewal, which shall be on a form available at the Police Department, may be denied under any of the following circumstances:

  • (1) The applicant failed to submit all required information or fees.

  • (2) The applicant failed to request renewal prior to expiration of the permit.

  • (3) The applicant falsified information on the application, concealed a material fact or otherwise committed any fraud in the application.

  • (4) Within the past five years, the applicant had a criminal judgment for misdemeanor or felony entered against him or her for a crime of violence or a property crime related to theft or fraud.

  • (5) Four or more violations, as set forth in SCCC § 5.05.450 .

• (g) A permit may be revoked by the Chief of Police or designee under any of the circumstances set forth in subsection (f) of this section.

• (h) The decision of the Chief of Police or designee to deny, revoke, or not renew a permit may be appealed under the procedures set forth in SCCC § 2.115.050 through § 2.115.090 .

• (i) The permit issued pursuant to this article, and all interests, rights and obligations pertaining thereto, are personal to the holder of such permit, and are not transferable or assignable, by operation of law or otherwise.

• (Ord. 2062 § 2, 8-22-2023; Ord. 2067 § 1, 4-9-2024; Ord. 2075 § 1, 2-25-2025)

• (a) No sidewalk vendor shall sell food or merchandise, whether stationary or roaming, from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path, within the stadium area on event days during the hours of street or trail closures.

• (b) The stadium area shall be defined as the following:

  • (1) Tasman Drive (from Great America Parkway to Calle del Sol).

  • (2) Tasman Drive eastbound off-ramp to Stars and Stripes Drive.

  • (3) Tasman Drive stairways to Stars and Stripes Drive.

  • (4) Great America Parkway (from Bunker Hill Drive to Patrick Henry Drive).

  • (5) Stars and Stripes Drive (from the Tasman Drive eastbound off-ramp to Bill Walsh Way).

  • (6) San Tomas Aquino Creek Trail (from Great America Parkway to Agnew Road).

  • (7) Old Glory Lane east of Great America Parkway.

  • (8) East bound Old Glory Lane (from Old Ironsides Drive to Great America Parkway).

• (c) No sidewalk vendor shall exceed an operational space of ten feet by ten feet. All food, merchandise, equipment, and other accessories related to sidewalk vending must fit within the defined operational space.

• (Ord. 2062 § 2, 8-22-2023; Ord. 2067 § 1, 4-9-2024; Ord. 2075 § 1, 2-25-2025)

The following health, safety, or welfare concerns exist upon the sidewalks and other pedestrian paths listed in SCCC § 5.05.430 , and support the restrictions set forth therein:

• (a) Sidewalk vending in the stadium area on event days and the associated customer queues scattered within a large, high-density pedestrian group presents a variety of risks to the vendors, their customers, other pedestrians, emergency responders, vehicular traffic, and pedi-cab traffic.

• (b) Interfering with the ability of disabled persons and other pedestrians to safely follow a path of travel in both ingress and egress from the stadium on event days.

• (c) Interfering with the ability of public safety or other emergency responders to quickly and safely travel through the crowds.

• (d) Sidewalk vending and associated customer queues extending into vehicular and pedi-cab driving lanes, and in close proximity to rail lines.

• (e) Unsafe and unsanitary food preparation, storage, and handling practices, including lack of hand washing facilities.

• (f) Inadequate waste disposal that can lead to pollution, or hazardous and unsanitary conditions.

• (g) Use of propane tanks on portable carts without security measures is particularly dangerous in the context of a large, highly dense, pedestrian group.

• (h) Hot, greasy cook tops without structures for safety clearances and required fire extinguishing devices which are particularly dangerous in the context of a large, highly dense, pedestrian group.

• (i) Merchandise sales of counterfeit, unsafe or inappropriate items (e.g., flares) that are particularly dangerous in the context of a large, highly dense, pedestrian group.

• (j) Alcohol being sold to stadium patrons without Alcoholic Beverage Control permits, particularly in situations in which stadium halts alcohol sales prior to the conclusion of the event for safety purposes.

• (Ord. 2062 § 2, 8-22-2023; Ord. 2067 § 1, 4-9-2024; Ord. 2075 § 1, 2-25-2025)

• (a) A violation of any requirement of this article, except for permit requirements under SCCC § 5.05.420 , is punishable only by the following administrative penalty structure or permit revocation:

  • (1) One hundred dollars ($100.00) for a first violation.

  • (2) Two hundred dollars ($200.00) for a second violation within one year of the first violation.

  • (3) Five hundred dollars ($500.00) for each additional violation within one year of the first violation.

  • (4) The Chief of Police or designee may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

• (b) A sidewalk vendor operating within the stadium area without possessing a valid sidewalk vending permit issued in accordance with SCCC § 5.05.420 is subject to the following penalties:

  • (1) Two hundred fifty dollars ($250.00) for a first violation.

  • (2) Five hundred dollars ($500.00) for a second violation within one year of the first violation.

  • (3) One thousand dollars ($1,000.00) for each additional violation within one year of the first violation.

• (c) The Police Department shall make available instructions or other materials explaining a street vendor's right to request an ability-to-pay determination pursuant to SB 946.

• (Ord. 2062 § 2, 8-22-2023; Ord. 2067 § 1, 4-9-2024; Ord. 2075 § 1, 2-25-2025)