Shafter Municipal Code Ch. 5.50 Sidewalk Vending

Footnotes:

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Editor's note— Ord. No. 773, § 2(Exh. A), adopted April 5, 2022, amended and restated former Ch. 5.50, §§ 5.50.010—5.50.100, in its entirety which pertained to similar subject matter and derived Ord. No. 710, § 3, adopted Feb. 5, 2019.

The city finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this chapter is to implement regulations on sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

For purposes of this chapter, the following definitions apply:

A. "Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

B. "City" means the City of Shafter.

C. "Director of the planning department" means the planning department director of the city, or his or her designee.

D. "Park" means a public park owned by the city.

E. "Personally identifiable information" means an individual's name, business name, home address, business address, birthdate, telephone number, business location, California's driver's license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employee identification number, business license number, seller's permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual.

E. "Roaming sidewalk vendor or vending" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

F. "Sidewalk vendor or vending" 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.

G. "Stationary sidewalk vendor or vending" means a sidewalk vendor who vends from a fixed location.

H. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

(Ord. No. 733, § 2(Exh. A), 4-5-22; Ord. No. 778, § 2(Exh. A), 3-17-2026)

A. All sidewalk vendors shall obtain a sidewalk vending permit from the director of the planning department prior to engaging in any sidewalk vending activities, except if they fall into the exceptions activities described under 5.50.040(G). The following information shall be required:

1. Name, current mailing address, and phone number of the vendor; and

2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and

3. A description of the merchandise/goods to be offered for sale or exchange, and the days/hours of sales; and

4. A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and

5. A copy of the valid California Driver's license issued to the vendor; or

A copy of the individual taxpayer identification number issued to the vendor; or

A municipal identification number.

a. 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 comply with a state law or state or federal court order.

6. If preparing or selling food, a copy of the county health department permit issued to the vendor. Kern County requires mobile food cart vehicles to be inspected and permitted by the Kern County Environmental Health Division; and

7. If the vendor proposes to be a sidewalk vendor, a description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of thirty-six inches of accessible route area, in compliance with the Americans with Disabilities Act; and

8. If the vendor proposes to be a sidewalk vendor, an encroachment permit pursuant to Chapter 12.12 of the Shafter Municipal Code or other generally applicable authority that requires encroachment permits; and

9. A copy of general liability insurance policy naming the city as additional insured in the amount of one million dollars single occurrence and two million dollars aggregate limit.

10. A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true.

B. At the time the application or renewal application is filed, the applicant shall pay the permit processing fee established by separate resolution of the city council.

C. Any personally identifiable information collected pursuant to Section 5.50.030 shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

(Ord. No. 733, § 2(Exh. A), 4-5-22; Ord. No. 778, § 2(Exh. A), 3-17-2026)

A. Upon acceptance of a properly completed and filed sidewalk vendor permit application, the director of the planning department shall conduct a preliminary investigation to determine compliance with this chapter and shall make such determination within no more than thirty days of acceptance to approve or deny the application. The director of the planning department shall provide the applicant with written notice of his or her decision to the address indicated in the application.

B. The director of the planning department may deny an application for a 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 valid California Driver's license; or valid individual taxpayer identification number; or a municipal identification number.

4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter.

5. 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.

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 permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.

D. If the director of the planning department approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

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

1. The sale of agriculture products on the site where the product is grown.

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

3. 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.

F. Term of Permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit.

G. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

(Ord. No. 733, § 2(Exh. A), 4-5-22; Ord. No. 778, § 2(Exh. A), 3-17-2026)

A. Stationary sidewalk vendors shall be prohibited from operating in any residential zones of the city.

B. Roaming sidewalk vendors shall be allowed to operate in any residential zones of the city between the hours of seven a.m. and seven p.m. of everyday.

C. Sidewalk vendors shall be allowed to operate in any city owned or operated park, including in residential areas of the city, during the hours of operation for the park.

D. Sidewalk vendors shall be allowed to operate in non-residential zones of the city between the hours of seven a.m. and seven p.m. of every day unless the hours of operation imposed on other businesses or uses on the same street are less restrictive, then the less restrictive hours are imposed.

E. Sidewalk vendors shall adhere to the following:

1. The sidewalk vendor is duly licensed and meets all requirements of Section 5.50.030; and

2. The sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway, in compliance with the Americans with Disabilities Act; and

3. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

4. The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows; and

5. No vending shall occur within ten feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and

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

7. The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and

8. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and

9. No vending shall occur within the immediate vicinity of a certified farmers' market, a swap meet or an event held pursuant to a temporary event permit; and

10. Each pushcart shall have a current, valid county of Kern health inspection sticker affixed in a conspicuous location on the pushcart.

(Ord. No. 733, § 2(Exh. A), 4-5-22; Ord. No. 778, § 2(Exh. A), 3-17-2026)

A. A sidewalk vendor permit issued under this chapter may be suspended or rescinded by the director of the planning department after four or more violations of this chapter in accordance with Section 5.50.080 of this chapter, at their discretion, for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the permit;

3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

C. 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.

(Ord. No. 733, § 2(Exh. A), 4-5-22; Ord. No. 778, § 2(Exh. A), 3-17-2026)

In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the director of the planning department 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 within fifteen 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, along with the city's appeal fee, which shall be established by city council resolution. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit. The director of the planning department shall transmit the written statement to the city manager within ten days of its filing and payment of the appeal fee, and the city manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than sixty days from the date of filing of the applicant's written appeal statement with the police department. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five days prior to the date set for the hearing. At the hearing, the permittee and the city shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The city manager 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 city manager. The city manager may continue the hearing as deemed necessary. The decision of the city manager, or his or her designee, on the appeal shall be final and binding on all parties concerned.

(Ord. No. 733, § 2(Exh. A), 4-5-22; Ord. No. 778, § 2(Exh. A), 3-17-2026)

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter. A violation of this chapter shall be punished by:

1. An administrative fine not exceeding one hundred dollars for a first violation.

2. An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.

3. An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.

B. A violation of vending without a sidewalk vending permit may, in lieu of the penalties set forth in subsection (A) set forth above, be punished by:

1. An administrative fine not exceeding two hundred fifty dollars for a first violation.

2. An administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation.

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

C. If an individual is subject to subsection (B), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the city, the administrative fines set forth in this chapter shall be reduced to the administrative fines set forth in subsection (A), respectively.

D. The proceeds of any administrative fines assessed pursuant to this chapter shall be deposited in the treasury of the city.

E. Failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this chapter shall not be assessed.

F. Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law.

G. When assessing an administrative fine pursuant to this chapter, the adjudicator shall take into consideration the person's ability to pay the fine. The city 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. 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.

1. If the person meets the criteria described in Government Code Section 68632(a) or (b), the city shall accept, in full satisfaction, twenty percent of the administrative fine imposed pursuant to this chapter.

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

H. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

(Ord. No. 733, § 2(Exh. A), 4-5-22; Ord. No. 778, § 2(Exh. A), 3-17-2026)

A. The city, except as otherwise required by state or federal law, shall not provide voluntary consent to any individual to access, review or obtain any of the city's records obtained pursuant to this chapter that include personally identifiable information of any sidewalk vendor without a subpoena or judicial warrant. This paragraph does not prohibit the city from challenging the validity of a subpoena or judicial warrant in a federal district court.

B. The city shall not disclose or provide in writing, verbally or in any other manner personally identifiable information of any sidewalk vendor obtained pursuant to this chapter that is requested, except pursuant to a subpoena or valid judicial warrant.

(Ord. No. 778, § 2(Exh. A), 3-17-2026)

A. The city shall not inquire into or collect information or documentation about an individual's immigration or citizenship status or place of birth pursuant to this chapter.

B. The city shall not inquire into or collect information or documentation regarding and individual's criminal history and shall not require an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check pursuant to this chapter.

C. Any information or documentation the city inquired into or collected regarding an individual's place of birth or criminal history, required an applicant to submit fingerprints or complete a LiveScan fingerprinting or performed a background check before January 1, 2026, such information and documentation shall be destroyed on or before March 1, 2026, unless the information and documentation are expressly required by law to be preserved.

(Ord. No. 778, § 2(Exh. A), 3-17-2026)