Santa Paula Municipal Code Ch. 126 Sidewalk Vendors

This chapter shall be known as the "Sidewalk Vending Ordinance" of the City of Santa Paula.

(Ord. 1309, passed 7-7-21)

This chapter is intended to implement regulations for sidewalk vending that comply with the requirements of state law under Senate Bill No. 946 (Chapter 459, Statutes 2018), while protecting the public health, safety, and welfare. In accordance with SB 946, the City Council makes the following findings in support of this chapter:

(A) Unless properly regulated, sidewalk vending poses a unique risk to the public welfare including but not limited to, impacts on pedestrian traffic and safety and risks to the public health from potentially unsanitary food preparation.

(B) Sidewalk vendors' ability to readily move throughout the community and to be located in or near parks, schools, and other places frequented by children warrants imposing reasonable regulatory measures directly related to objective health, safety, and welfare concerns, and the permit requirements of this chapter.

(C) The permit requirements enacted by this chapter are necessary for collecting adequate information about vendors and vending operations within city limits to facilitate contact between the city and its sidewalk vendors and to ensure that vending does not adversely affect the public welfare.

(D) Compliance with generally applicable laws, including the Americans with Disabilities Act of 1990, requires the city to restrict vending in specified locations to the extent necessary to ensure safe and unobstructed access along public sidewalks.

(E) Standards for maintaining access to building entrances, driveways, parking areas, and fire hydrants are necessary to promote driver and pedestrian safety, and to promote effective fire protection and law enforcement.

(F) Sidewalks near school grounds and the Community Center, a public recreational facility offering after-school youth programs, pose increased concerns for traffic and child safety given the concentration of minors in these densely developed areas and the increased traffic from parental pick-ups and drop-offs. Unless restricted, commercial vending at such locations when school or youth programs are in session would result in overcrowded sidewalks and compromised public safety as minors walk into the street to avoid pedestrian traffic.

(G) The density of existing commercial retailers and pedestrian traffic in certain public locations, relative to the capacity of public resources therein, warrants identifying such locations as overcrowded. Compliance with the requirements of state and federal disability access standards and the requirements of the public welfare for adequate emergency access and pedestrian mobility in public spaces requires the city to prohibit sidewalk vending in overcrowded locations.

(H) Vending in a manner that creates a public nuisance, including vending within residential zones in violation of reasonable limits on hours of operation or at street corners where a crowd or vendor equipment would create visual obstructions to turning drivers, constitutes an objective harm to the public welfare.

(I) Prohibiting sidewalk vending too close to freeway off-ramps and on-ramps is directly related to objective health, safety, and welfare concerns. Operating at the entrances and exits of freeways would hinder the flow of traffic and increase the risk of collisions between vehicles and pedestrians.

(J) Persons, who maintain encroachments in the public right-of-way, including sidewalks, have a responsibility to contribute to the administrative and liability costs caused by such encroachments that would otherwise be borne by the community.

(K) Fraud or misrepresentation in the course of sidewalk vending constitutes an objective harm to the health, safety, and welfare of the city's residents.

(L) Fraud or misrepresentation in the application for a sidewalk vending permit constitutes an objective harm to the health, safety, and welfare of the city's residents.

(M) Certain restrictions on vending operations and locations are necessary to reduce the city's legal exposure to liability for personal injury or claims for damage and litigation due to the use of public property by vendors, the costs of which would be borne by city taxpayers.

(N) Restrictions on what merchandise can be sold are necessary to prevent the proliferation of illegal sales of heavily-regulated goods such as cannabis, tobacco, alcohol, and adult-oriented material in furtherance of the public health, safety, and welfare.

(Ord. 1309, passed 7-7-21)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUSINESS DAY. Any day other than Saturday, Sunday, or a day on which City Hall is closed for business.

CERTIFIED FARMERS' MARKET. A location operated in accordance with Chapter 10.5 (commencing with § 47000) of Division 17 of the Cal. Food and Agricultural Code and any regulations adopted pursuant to that chapter.

• CITY. The City of Santa Paula.

• COMMUNITY CENTER. The facility located at 530 W Main Street Santa Paula, CA 93060.

• COUNTY. The County of Ventura.

• IMMEDIATE VICINITY. Within 500 feet.

PARK. A public park owned or operated by the city.

PERMITTEE. A person in whose name a sidewalk vendor permit has been issued under this chapter.

PERSON. Any natural person, firm, association, organization, partnership, joint venture, business trust, corporation, or company.

RECEPTACLE. Equipment used by a sidewalk vendor for vending activities including but not limited to a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

ROAMING SIDEWALK VENDOR. A sidewalk vendor who operates by traveling from place to place and stops only to complete a transaction.

SIDEWALK. That part of a public right-of-way that is designated and ordinarily used for pedestrian travel.

SIDEWALK VENDING or VEND. The commercial activity described in the definition of sidewalk vendor.

SIDEWALK VENDOR or VENDOR. A person who sells or offers to sell food or merchandise 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 city.

SPECIAL EVENT PERMIT. A permit issued pursuant to Chapter 115 of the Santa Paula Municipal Code for the temporary use of, or encroachment on, a sidewalk or other public area.

STATIONARY SIDEWALK VENDOR. A sidewalk vendor who operates from a fixed location.

SWAP MEET. A location operated in accordance with Article 6 (commencing with § 21660) of Chapter 9 of Division 8 of the Cal. Business and Professions Code, and any regulations adopted pursuant to that article.

(Ord. 1309, passed 7-7-21)

No person shall engage in sidewalk vending without first obtaining a sidewalk vending permit issued pursuant to this chapter. A separate permit is required for each receptacle used by a sidewalk vendor.

(Ord. 1309, passed 7-7-21)

A sidewalk vending permit shall not be required for the following activities:

(A) The sale of agriculture products on the site where the product is grown.

(B) Catering for private parties held exclusively on private property and not open to the general public.

(C) Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.

(D) First Amendment protected vending.

(Ord. 1309, passed 7-7-21)

(A) Any and each person seeking a permit pursuant to this chapter shall submit a completed application, on a city-approved form, to the Finance Department. Said application shall contain the following information:

(1) The applicant's name, current mailing address, and telephone number;

(2) If the applicant is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;

(3) A description of the merchandise to be offered for sale and any vending equipment to be used (including the dimensions of the receptacle and a photograph of the receptacle);

(4) A copy of the applicant's California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration, if applicable;

(5) A copy of the applicant's Ventura County Public Health Permit for the proposed vending operations, if vending food;

(6) (a) If the applicant is a natural person, anyone of the following forms of identification: (1) a copy of a social security card with the number; (2) a copy of a valid California Driver's license or identification number; (3) an individual taxpayer identification number; or (4) a municipal identification number.

(b) Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or to comply with a court order or any applicable law;

(7) A description or site plan map of the proposed location(s) where vending will take place, showing that each sidewalk location maintains a minimum of 36 inches of accessible route area, in compliance with the Americans with Disabilities Act;

(8) An agreement by applicant to indemnify and hold harmless the city, its officers, and employees for any damage or injury resulting from applicant's sidewalk vending;

(9) A statement of the days and hours of proposed vending operations;

(10) A copy of a general liability policy naming the city as an additional insured in the amount of $1,000,000.

(B) An application shall not be accepted unless accompanied by payment of an application fee of $174 until superseded by resolution of the City Council.

(Ord. 1309, passed 7-7-21)

(A) Within 30 business days of receiving a properly completed and filed application for a sidewalk vendor permit, finance staff shall conduct an investigation to determine compliance with this chapter and notify the applicant in writing of its determination to approve or deny the application. If an application is denied, the reasons for denial shall be set forth in a written notice and mailed to the applicant at the address shown in the application.

(B) Finance staff shall approve a permit application unless one or more of the following grounds for denial exists:

(1) The application seeks authorization for vending at a prohibited location under this chapter.

(2) The proposed vending location encroaches on a public sidewalk without maintaining a minimum four-foot clearance in keeping with applicable disability access standards.

(3) The applicant's vending operation, as described in the application, including the equipment to be used by the vendor, fails to comply with all applicable health, zoning, fire, building and safety laws, standards, conditions, and requirements of the State of California, the county, or the city.

(4) The applicant does not possess all federal, state, and local permits necessary for the proposed vending operation.

(5) The applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application.

(6) The applicant has had a permit issued pursuant to this chapter revoked within the preceding 12 months.

(7) The applicant has received three or more administrative citations for violations of this chapter within the preceding 12 months.

(8) The applicant is registered, or is required to register, as a sex offender pursuant to Cal. Penal Code § 290.

(9) 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 offenses involving the sale of a controlled substance as specified in Cal. Health and Safety Code §§ 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.

(10) The applicant is indebted to the city for any unpaid fee, fine, or community service.

(Ord. 1309, passed 7-7-21)

(A) A sidewalk vending permit shall be valid from the date of issuance through December 31 of that year, unless it is revoked prior to that date in accordance with the provisions of this chapter.

(B) Each sidewalk vendor who seeks to renew a permit issued pursuant to this chapter shall submit a renewal application on a city-approved form and tender any applicable fees to the Finance Department no later than 14 days prior to the expiration of the vendor's current permit. Unless timely renewed, any permit issued pursuant to this chapter shall expire and become null and void at the end of its term.

(C) An application to renew a permit issued pursuant to this chapter may be denied by the Finance Director upon the grounds set forth in § 126.07.

(Ord. 1309, passed 7-7-21)

A sidewalk vending permit shall not be transferable to any person and shall not be valid in any location(s) other than that location(s) designated on the permit for the term stated.

(Ord. 1309, passed 7-7-21)

(A) Stationary sidewalk vendors shall be prohibited from operating in any exclusively residential zone of the city.

(B) Stationary sidewalk vendors may operate in non-residential zones of the city, including mixed-use zones, provided that permittees meet the following requirements:

(1) A vendor shall maintain and comply with all federal, state, and local permits, licenses, and approvals necessary for the proposed vending operation, including but not limited to ensuring employees possess valid food handler's cards issued by the county;

(2) A vendor shall promptly notify the Finance Department of any changes to information furnished to the city under § 126.06(A);

(3) A vendor shall carry and conspicuously display on vendor's receptacle, any permit/decal issued pursuant to this chapter at all times while vending;

(4) A vendor shall comply with all applicable noise regulations provided under the Santa Paula Municipal Code;

(5) No vendor shall sell or offer to sell:

(a) Adult-oriented material depicting, describing, or relating to sexual activities; or

(b) Alcohol, cannabis, tobacco products, nicotine products, or any product used to smoke or vape nicotine or cannabis;

(6) No vendor shall operate within the immediate vicinity of a certified farmers' market, a swap meet, or an event held pursuant to a special event permit for the duration of the activity or event held under the special event permit;

(7) A vendor shall limit hours of operation to the hours of other businesses or uses on the same street;

(8) A vendor shall maintain an unobstructed pedestrian access route of at least four feet in width at the sidewalk vending location in compliance with applicable state and federal disability access standards;

(9) No vendor shall block the entrances to any buildings, window displays, driveways, or vehicle parking spaces;

(10) A vendor shall maintain a minimum distance of ten feet between vending operations and any fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway;

(11) No vendor shall use signs, tables, chairs, shade structures, fences, or other site furniture beyond what was approved under the permit application;

(12) Exterior storage of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited at the vending location;

(13) A vendor shall not use or attach any water lines, electrical lines, or gas lines for vending operations;

(14) No vendor shall operate within the immediate vicinity of a school or child daycare facility between the hours of 6:00 a.m. and 6:00 p.m.;

(15) No vendor shall operate within the immediate vicinity of the Community Center while an after-school youth program is in session;

(16) Vending receptacles shall not touch, lean against, or be affixed at anytime to any building or structure including but not limited to street lightposts, mailboxes, traffic signals, benches, trees, parking meters, or trash cans;

(17) A vendor shall wear food service gloves whenever preparing or cooking food;

(18) No vendor shall use an open flame, propane, natural gas, batteries or other explosive or hazardous materials on or within a sidewalk vending receptacle;

(19) A vendor shall maintain the vending area in a neat and sanitary condition, including but not limited to ensuring proper disposal of any trash produced as a result of vendor's operations;

(20) If selling food, a vendor shall display a valid health permit issued by the county in a conspicuous location on any receptacle used;

(21) A vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into the city streets, public rights-of-way, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor;

(22) A vendor shall not conduct vending operations from or on a roadway or public right-of-way designated and used primarily for vehicular travel, or from or on any private property without the permission of the owner or other person in possession and control of the property;

(23) No vending shall occur within 100 feet of any freeway on-ramp or off-ramp as defined in the California Vehicle Code;

(24) No vending shall occur within a corner cut-off area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of 30 feet from the intersection of such lines at the corner of a street or highway; and

(25) Notwithstanding any specific prohibition in this section, no vending shall occur in any location or area where vending activities create a reasonably foreseeable danger to the safety or welfare of persons or property.

(Ord. 1309, passed 7-7-21)

Roaming sidewalk vendors may operate within the city, provided that permittees meet the following requirements:

(A) A vendor shall maintain and comply with all federal, state, and local permits, licenses, and approvals necessary for the proposed vending operation, including but not limited to ensuring employees possess valid food handler's cards issued by the county, if applicable;

(B) A vendor shall promptly notify the Finance Department of any changes to information furnished to the city under § 126.06(A);

(C) A vendor shall at all times carry and conspicuously display on the vendor's receptacle, if applicable, any permit/decal issued pursuant to this chapter while vending;

(D) A vendor shall comply with all applicable noise regulations provided under the Santa Paula Municipal Code;

(E) No vendor shall sell or offer to sell:

(1) Adult-oriented material depicting, describing, or relating to sexual activities; or

(2) Alcohol, cannabis, tobacco products, nicotine products, or any product used to smoke or vape nicotine or cannabis.

(F) No vendor shall operate within the immediate vicinity of a certified farmers' market, a swap meet, or an event held pursuant to a special event permit for the duration of the activity or event held under the special event permit;

(G) No vendor shall operate within the immediate vicinity of a school or child daycare facility between the hours of 6:00 a.m. and 6:00 p.m.;

(H) No vendor shall operate within the immediate vicinity of the Community Center an after-school youth program is in session;

(I) No vendor shall operate within an exclusively residential zone between the hours of 8:00 p.m. and 9:00 a.m.;

(J) A roaming sidewalk vendor shall maintain an unobstructed pedestrian access route of at least four feet in width at the vendor's temporary sidewalk vending location in compliance with applicable state and federal disability access standards;

(K) No vendor shall block the entrances to any buildings, window displays, driveways, or vehicle parking spaces;

(L) A vendor shall not conduct vending operations from or on a roadway or public right-of-way designated and used primarily for vehicular travel, or from or on any private property without the permission of the owner or other person in possession and control of the property;

(M) A vendor shall maintain a minimum distance of ten feet between vending operations and any fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway;

(N) A vendor shall wear food service gloves whenever preparing or cooking food;

(O) No vendor shall use open flame, propane, natural gas, batteries or other explosive or hazardous materials on or within a sidewalk vending receptacle;

(P) A vendor shall maintain the vending area in a neat and sanitary condition, including but not limited to ensuring proper disposal of any trash produced as a result of vendor's operations;

(Q) If selling food, a vendor shall display a valid health permit issued by the county in a conspicuous location on any receptacle used;

(R) A vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into the city streets, public right-of-ways, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor;

(S) No vending shall occur within 100 feet of any freeway on-ramp or off-ramp as defined in the California Vehicle Code;

(T) No vending shall occur within a corner cut-off area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of 30 feet from the intersection of such lines at the corner of a street or highway; and

(U) Notwithstanding any specific prohibition in this section, no vending shall occur in any location or area where vending activities create a reasonably foreseeable danger to the safety or welfare of persons or property.

(Ord. 1309, passed 7-7-21)

(A) Stationary sidewalk vendors shall be prohibited from vending in any park if the city has signed an agreement with a third party permitting the party's exclusive sale of food or merchandise in the subject park.

(B) In addition to those requirements in §§ 126.10 and 126.11, and subject to any express prohibitions in this chapter, sidewalk vendors must comply with the following requirements when vending in a park:

(1) Vendors shall cease vending operations 30 minutes prior to park closure; and

(2) Vendors shall not operate within the immediate vicinity of an event that was issued a permit under Chapter 101 (Permits Authorizing Events Conducted in City Parks and Park Facilities) for the duration of the event.

(Ord. 1309, passed 7-7-21)

(A) A sidewalk vendor permit issued under this chapter may be revoked by the Finance Director after four or more violations of this chapter.

(B) Notice of revocation of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the permittee at the address stated in the permit application. The permittee shall have an opportunity to appeal the revocation decision using the procedures set forth in § 126.14.

(Ord. 1309, passed 7-7-21)

(A) Any person aggrieved by a decision denying or revoking a permit pursuant to this chapter may appeal the decision to the City Manager within 15 business days after notice of the decision has been mailed to the address stated in the permit application. An appeal shall be submitted by filing a written statement, along with the city's appeal fee as established by City Council resolution, setting forth the grounds for the appeal with the City Clerk. The timely filing of an appeal shall stay the enforcement of any decision to revoke a permit.

(B) Upon receipt of a complete appeal and payment of the appeal fee, the City Clerk shall set a hearing before the City Manager to occur within 45 days and shall provide written notice of the same to the appellant at least five days prior to the hearing date. At the hearing, the appellant and the city may be represented by legal counsel, and each party may present relevant evidence, provide sworn testimony, and call witnesses. The City Manager shall not be bound by the traditional rules of evidence, and hearsay evidence may be presented at the hearing, although such evidence may not be the sole basis for the City Manager's decision. The City Manager may continue the hearing as deemed necessary. The City Manager shall sustain or overrule the denial or intended revocation, based on written findings, within 30 days of the conclusion of the hearing, a copy of which shall be mailed to the appellant at the address stated in the permit application. The decision of the City Manager shall be final.

(Ord. 1309, passed 7-7-21)

In the event of a conflict between the provisions of this chapter and any other provision of the Santa Paula Municipal Code applicable to sidewalk vendors, this chapter shall control.

(Ord. 1309, passed 7-7-21)

(A) A violation of this chapter shall not be punishable as an infraction or misdemeanor, and no person shall be subject to arrest for any such vending violation unless said person has violated a law for which a person may be arrested.

(B) Violating a provision of this chapter is 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 for each additional violation within one year of the first violation.

(C) In lieu of the administrative fines set forth in division (B), vending without a sidewalk vending permit is 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.

(3) One thousand dollars for each additional violation within one year of the first violation.

(D) Upon proof of a valid permit issued by the city, the administrative fine in division (C) will be reduced to the corresponding administrative fine in division (B).

(E) Notwithstanding any other provision of this code, failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor, and no additional fines, fees, assessments, or other financial conditions may be assessed beyond those authorized in divisions (B) and (C).

(F) When assessing an administrative fine pursuant to this chapter, the adjudicator shall take into consideration a person's ability to pay the fine. The city shall notify an assessee 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. Assessees 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 an assessee meets the criteria for waiver of court fees and costs under subdivision (a) or (b) of Cal. Gov't Code § 68632, the city shall accept, in full satisfaction, 20% of any administrative fine imposed pursuant to this chapter.

(2) The city may allow an assessee to complete community service in lieu of paying the total amount of an administrative fine, may waive an administrative fine, or may offer an alternative disposition.

(G) No provision in this chapter shall be construed to impede the city's or county's ability to enforce the County Health Department codes and regulations.

(Ord. 1309, passed 7-7-21)