Santa Maria Municipal Code Ch. 4-20 Sidewalk Vendors

(a) The City finds that the vending of produce, prepared or prepackaged foods or beverages, goods, and/or wares on sidewalks may pose unsafe conditions and special dangers to the public health, safety and welfare of the residents of the City. It is the purpose of this Chapter to provide clear and concise regulations, pursuant to the authority contained in the Government Code (including Section 51038), to regulate Sidewalk Vendors to prevent health hazards, and to preserve the safety and welfare of the City and its residents.

(b) The City further finds that the circumstances of sidewalk vending, where Sidewalk Vendors set up stands on streets or move from place to place as Roaming Sidewalk Vendors, have the potential for Sidewalk Vendors to engage in illegal activities, including but not limited to the sale of illegal substances or merchandise or the sale of counterfeit products. To address these concerns, background checks for Sidewalk Vendors are necessary to assure that any past improprieties are disclosed to the permitting authority and in order to ensure the safety of residents and the merchantability of products sold by Sidewalk Vendors without fixed places of business.

(c) Prohibiting Sidewalk Vendors within 500 feet of schools during school hours and pick up and drop off hours when children are present is necessary to protect the health and safety of school children, since Sidewalk Vendors operating in close proximity to schools may attract unsupervised children to run into traffic to reach a Sidewalk Vendor, exposing them to potential injury.

(d) Additionally, the activities of Sidewalk Vendors have the potential to cause injury to persons or property by the manner in which they are sited, or by their movement on sidewalks that are otherwise used by the traditional activities of pedestrians and vehicles on adjacent streets for access, transport, delivery of merchandise to local businesses, exercise and related activities. Sidewalks are of limited width, and vehicles park adjacent to them, and therefore the location of Stationary Sidewalk Vendors must be carefully evaluated on a case by case basis and regulated so they are an appropriate distance from street features, benches, landscaping, do not create conflicts with people exiting parked vehicles or restrict the use of sidewalks, including ADA ramps at intersections.

(Ord. 2021-01 § 1, eff. 2/18/21)

For the purposes of this Chapter, the terms "Sidewalk Vendor," "Roaming Sidewalk Vendor" and "Stationary Sidewalk Vendor" shall have the following meanings respectively as ascribed to them by Government Code Section 51036:

"Applicant"

means the individual person who applies for the Sidewalk Vending Permit.

"Sidewalk Vending Permit"

means a permit issued to a Sidewalk Vendor pursuant to this Chapter.

"Sidewalk Vendor"

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.

"Roaming Sidewalk Vendor"

means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction.

"Zoned Exclusively Residential"

means properties in the R-1, RSL-1, R-2 or R-3 Zones pursuant to Title 12 of this Code.

(Ord. 2021-01 § 1, eff. 2/18/21)

(a) Except as otherwise provided in this Chapter, it is a violation of this Chapter for any individual to act as a Sidewalk Vendor within the City without having first obtained a Sidewalk Vending Permit issued pursuant to this Chapter.

(b) Term of Permit. Any Sidewalk Vending Permit issued pursuant to this Chapter shall automatically expire one year from the date of issuance, unless an earlier expiration date is noted on the Sidewalk Vending Permit.

(c) Renewal. The Sidewalk Vending Permit may be renewed by the Director of Community Development subject to compliance with the standards established in this Chapter and payment of all applicable fees.

(d) Transferability. A Sidewalk Vending Permit is not transferable to any other entity or person and is valid only as to the original Applicant.

(Ord. 2021-01 § 1, eff. 2/18/21)

Sidewalk Vending Permits shall be approved or denied by the Director of Community Development, in compliance with this Chapter.

(Ord. 2021-01 § 1, eff. 2/18/21)

(a) Applicants for a Sidewalk Vending Permit under this Chapter shall file with the Director of Finance an application in writing on a form to be furnished by the City, which shall give the following information:

1. A copy of the Applicant's California driver's license or identification card or an individual taxpayer identification number, which shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the Sidewalk Vending Permit or licensure program or comply with a state law or state or federal court order. No social security number shall be required of an Applicant.

2. A passport size photograph of the Applicant.

3. The name and current mailing address of the Applicant. A physical address of residence is to be provided for service of process if the mailing address is a post office box.

4. If the Applicant is an agent of an individual, company, partnership or corporation, the name and business address of the principal.

5. A statement of the type of food, beverages, or merchandise to be sold.

6. Intended locations, days and hours of operation.

7. If the Applicant is seeking to operate as a Stationary Sidewalk Vendor from a fixed location, the application shall contain the proposed location, marked by major cross streets, and either the north, south, east or west side of the street, and a photo or sketch of that location. If an Applicant proposes to be located in a fixed location on private property, written consent of the property owner (not tenant) is to be provided. Stationary Sidewalk Vendors are limited to operating within the location approved through the Sidewalk Vending Permit process. Stationary Sidewalk Vendors are prohibited from operating in areas Zoned Exclusively Residential and may be subject to other time, place, and manner restrictions pursuant to this Chapter.

8. Applications for Roaming Sidewalk Vendors in residential areas shall contain a sketch of the proposed route that the vendor will travel.

9. Proof of general liability insurance, in an amount approved by the Director of Community Development.

10. Certification by the Applicant that to his or her knowledge and belief, the information contained in the application is true and correct, and that the Applicant will follow all applicable laws.

11. Other information required by the City as necessary to evaluate the application for a Sidewalk Vending Permit.

(b) A Sidewalk Vending Permit shall not issue prior to an Applicant obtaining the following required licenses and permits, copies of which shall be included with the application:

1. If the Applicant proposes to sell food or beverages:

(A) A copy of current County of Santa Barbara health permit(s); and

(B) A food safety certificate/food handler card issued by an organization accredited by the American National Standards Institute as meeting the requirements of the Conference for Food Protection's Standards for Accreditation of Food Protection Manager Certification Programs.

2. The seller's permit number of a current valid California Department of Tax and Fee Administration seller's permit.

3. Proof of a current City of Santa Maria business license(an application for a City business license may be submitted concurrently with the application for the Sidewalk Vending Permit).

(c) A Sidewalk Vending Permit shall not issue until the Applicant has filed with the City Police Department a LiveScan background check conducted by the California Department of Justice within the previous six months of application for a Sidewalk Vending Permit. The City of Santa Maria Police Department shall furnish each Applicant with a LiveScan Request form for use at any LiveScan vendor location.

(Ord. 2021-01 § 1, eff. 2/18/21)

At the time the application or renewal of a Sidewalk Vending Permit is filed with the Director of Finance, the Applicant shall pay a fee sufficient to cover the cost to the City of processing the application. The amount of the fee shall be set by Resolution of the City Council.

(Ord. 2021-01 § 1, eff. 2/18/21)

(a) Upon acceptance of a properly filed Sidewalk Vending Permit application and receipt of an acceptable LiveScan report issued by the Department of Justice, the Community Development Department shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than 30 days of acceptance to approve or deny the application. The Director of Community Development shall provide the Applicant with written notice of his or her decision to the address indicated in the application.

(b) The Director of Community Development may deny an application for a Sidewalk Vending 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 does not have a City business license and/or general liability insurance.

4. The Applicant's sidewalk vending operation is inconsistent with the standards, conditions and requirements of this Chapter.

5. The Applicant has been found in violation of this Chapter at any time during the previous three-year period.

6. Within three years of the date of the application, the Applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this Section for an offense that was committed within three years of the date of the application.

(c) 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 Sidewalk Vending Permit will be issued. Notice shall be mailed to the Applicant at the mailing address shown on the application form.

(d) In approving an application, conditions may be imposed on Sidewalk Vendors by the Director of Community Development, including but not limited to the following:

1. Stationary Sidewalk Vendors. Based upon a review of the fixed location of a Stationary Sidewalk Vendor's proposed location, as submitted as part of its application, conditions shall be imposed on the siting of the vendor's pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance to assure it will not create conflicts with pedestrians, delivery persons, disabled persons, vehicles parked on adjacent streets, and other uses in the vicinity of the proposed vendor's fixed location. Such placement of Stationary Sidewalk Vendor restrictions may include, but not be limited to, distances from:

(A) Marked crosswalks.

(B) Curb returns of unmarked crosswalks.

(C) Fire hydrants or other emergency facilities.

(D) Bus stops.

(E) Areas improved with lawn, flowers, shrubs, street trees or other landscaping.

(F) Areas where sidewalks are incapable of supporting the proposed Stationary Sidewalk Vendor and maintaining compliance with the Americans with Disability Act.

(G) Street furniture, including but not limited to benches, refuse containers, and decorative pottery.

(H) Driveways or driveway aprons.

(I) Outdoor dining or patio dining areas.

(J) City-owned property without prior City approval.

2. Roaming Sidewalk Vendors. Based upon the Roaming Sidewalk Vendor's application and any proposed route for vending in residential areas, the Roaming vendor's activities shall be conditioned in the sole discretion of the Director of Community Development, whose decision is final.

(e) If the Director of Community Development approves the Applicant's Sidewalk Vending Permit, he or she shall endorse his or her approval on the application and shall issue the Sidewalk Vending Permit to the Applicant.

(Ord. 2021-01 § 1, eff. 2/18/21)

A Sidewalk Vending Permit issued under this Chapter may be suspended or revoked by the Director of Community Development or their designee for any of the following causes:

(a) Fraud or misrepresentation in the application for the Sidewalk Vending Permit;

(b) Vending in violation of this Chapter; or

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

(Ord. 2021-01 § 1, eff. 2/18/21)

In the event that any Applicant or permittee desires to appeal from any order, revocation, or other ruling of the Director of Community Development or any other official of the City, made under the provisions of this Chapter, such Applicant or any other person aggrieved shall have the right to appeal such action or decision to the City Manager, or his or her designee, within 14 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the City Clerk a written appeal statement setting forth the grounds for the appeal. The City Clerk shall transmit the written statement to the City Manager within 10 days of its filing, and the City Manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than 60 days from the date of filing of the Applicant's written appeal statement with the City Clerk. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned. An appeal will be processed only after the payment of the appeal fee, as set by Resolution of the City Council.

(Ord. 2021-01 § 1, eff. 2/18/21)

As a condition of issuance of a Sidewalk Vending Permit, the Sidewalk Vendor shall agree to indemnify, hold harmless, and defend the City and its officials, employees, and agents from and against any and all liability, damage and/or loss arising from activities by the Sidewalk Vendor, its employees, and agents.

(Ord. 2021-01 § 1, eff. 2/18/21)

All Sidewalk Vendors shall comply with the following standards, conditions, and requirements:

(a) Vending Near Schools: No vending shall occur within 500 feet of a freeway entrance or exit or 500 feet of the grounds of any public or private school site during school hours, and not within one hour before or one hour after school drop off and pick up operations.

(b) Vending within City-Owned Parks: The Director of Community Development may include conditions in a Sidewalk Vending Permit with operations within City-owned parks that satisfy the below conditions:

1. Stationary Sidewalk Vendors may be prohibited in City-owned parks where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire in that park.

2. Time, place, and manner of conditions that are for any of the following purposes:

(A) Directly related to objective health, safety, or welfare concerns;

(B) Necessary to ensure the public's use and enjoyment of natural resources and recreational opportunities; or

(C) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.

(c) Stationary Vending Prohibited in Areas Zoned Exclusively Residential – Stationary: Sidewalk Vendors are prohibited from operating in areas that are Zoned Exclusively Residential.

(d) Vending Near Farmers' Markets: Sidewalk Vendors are prohibited from operating in areas located within 500 feet of a permitted certified farmers' market during the limited operating hours of that certified farmers' market.

(e) Vending Near Swap Meets: Sidewalk Vendors are prohibited from operating in areas located within 500 feet of a permitted swap meet during the limited operating hours of that swap meet.

(f) Vending Near Special Events: Sidewalk Vendors are prohibited from operating within 500 feet of an area designated for a permitted temporary special event or activity such as parades, concerts, and other activities issued by the City, including but not limited to the Santa Maria Elks Rodeo parade, Santa Maria Parade of Lights, Downtown Fridays. The prohibition of Sidewalk Vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. If the City provides any notice, business interruption mitigation, or other rights provided to affected businesses or property owners affected by the special event, such notice, business interruption mitigation, or other rights shall also be provided to any Sidewalk Vendors specifically permitted to operate in the area, if applicable.

(g) Design and Operating Standards:

1. Condition/appearance of site:

(A) The Sidewalk Vendor shall maintain the area within which vending activities occur in a clean, safe and sanitary condition;

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

(C) The vendor shall not attach or use any water lines, electrical lines or gas lines during vending operation; and

(D) Sidewalk Vendors vending food or beverages must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be of a sufficient size to accommodate customer trash without resort to use of existing City-provided trash receptacles located on any block for use by the general public. A Sidewalk Vendor may not dispose of customer trash in existing trash City provided receptacles.

2. Condition/appearance of vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other non-motorized conveyance used for vending:

(A) Any vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or non-motorized conveyance shall be clean, safely operable, and in good repair;

(B) The Sidewalk Vendor shall not discharge items from any vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or non-motorized conveyance onto the sidewalk, gutter, storm inlets, or streets; and

(C) The width, length, and height of all vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or non-motorized conveyance shall be subject to review as part of consideration of the Sidewalk Vending Permit as it may relate to health, safety and welfare concerns. No amplified sound or loudspeakers. All activities must comply with the City's noise ordinance.

3. Lighting: Stationary Sidewalk Vendors who operate before or after daylight hours shall provide adequate lighting that may be necessary to ensure customer safety. Lighting shall be directed downwards and away from adjacent properties.

4. Obstructions, hazards: No Sidewalk Vendor shall conduct its operations in a manner that would obstruct vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to a curb, and shall not create public health or safety hazards.

5. Operation from within the street or median: Sidewalk Vendors are prohibited from vending from within the street, including any street medians, crosswalks, or parking areas.

6. Vending to customers in vehicles: Sidewalk Vendors are prohibited from vending directly to persons in vehicles.

7. Roaming Sidewalk Vendors vending in residential areas shall move continuously, except when conducting a sale, which must last no more than 15 minutes. In no event shall a Roaming Sidewalk Vendor conduct its operations in a residential area in such a manner to constitute operating in a fixed location.

8. No vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance shall be chained or fastened to any pole, sign, tree or other object in the public right-of-way or left unattended.

9. Vending of illegal or counterfeit merchandise is prohibited.

10. No Sidewalk Vendor shall conduct its operations or place its vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance in such a manner that it impedes the flow of pedestrian traffic by reducing the clear space to less than three feet, or impedes access to or use of abutting property, including but not limited to residences and places of business.

11. Sidewalk Vendors shall comply with the federal Americans with Disabilities Act of 1999 and other applicable disability access standards.

12. Other applicable regulations: Each vendor shall comply at all times with all applicable federal, state, county, city and any other governmental requirements. Notwithstanding any specific provisions or prohibitions contained in this Chapter, no vendor shall install, use, or maintain a vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance in such a manner that its placement endangers the safety of persons or property.

13. To prevent unintended rolling or slipping, a Sidewalk Vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other non-motorized conveyance on a public right-of-way with a slope greater than five percent.

14. Sidewalk vending hours limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operations imposed on other businesses or uses on the same street. Vending by Roaming Sidewalk Vendors in residential areas shall be limited to the hours of 9:00 a.m. through 4:00 p.m.

15. The overall number of Sidewalk Vendors permitted to operate within the City or specified areas of the City may be limited on a case by case basis, based upon specific facts related to the operations of Sidewalk Vendors in the City or area that relate to objective health, safety, or welfare concerns. An over-concentration will be found to exist where, based upon objective facts and circumstances, the number of Sidewalk Vendors unreasonably interferes with the public's ability to enjoy outdoor spaces or unreasonably interferes with the unique character of the area.

(h) Changes in Information: Sidewalk Vendors shall notify the Department of Community Development of any changes to the information submitted in their application for a Sidewalk Vending Permit within 15 calendar days of the effective date of such change.

(i) Additional Rules: The Director of Community Development may promulgate additional rules of conduct not set forth in this Chapter.

(Ord. 2021-01 § 1, eff. 2/18/21)

All permits, certificates, and licenses required by this Chapter shall be prominently displayed at all times on each vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or non-motorized conveyance from which vending is conducted. Sidewalk Vendors must produce for examination all required permits upon a request by a peace officer or any officer or employee of the City who is acting in his/her official capacity.

(Ord. 2021-01 § 1, eff. 2/18/21)

In accordance with the requirements of Government Code Section 51039, a violation of this Chapter is punishable as follows:

(a) Violations of this Chapter (Other Than Vending Without a Sidewalk Vending Permit):

1. An administrative fine not exceeding $100 for a first violation.

2. An administrative fine not exceeding $200 for a second violation within one year of the first violation.

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

4. The permit issued to a Sidewalk Vendor pursuant to this Chapter may be rescinded for the term of that permit upon the fourth violation or subsequent violations.

(b) Violations for Vending Without a Sidewalk Vending Permit: Vending without a Sidewalk Vending Permit shall be punishable by the following in lieu of the administrative fines:

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.

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

(c) Administrative fines shall be processed in accordance with the requirements of Government Code Section 51039 with regards to possible reductions and the deposit of proceeds.

(d) When assessing an administrative fine pursuant to this Section, consideration shall be taken of the person's ability to pay the fine. The local authority 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.

(e) 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. If the person meets the criteria described in subdivision (a) or (b) of Government Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a).

(f) Any person who is assessed an administrative fine under this Chapter, may request an administrative appeal hearing pursuant to the provisions of Chapter 1-9 of the Santa Maria Municipal Code.

(Ord. 2021-01 § 1, eff. 2/18/21)