Simi Valley Municipal Code Ch. 45 Sidewalk Vendors

(a) Purpose. Sections 51036 thru 51039 of the California Government Code confers upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizens. The requirements set forth in this chapter are intended to protect the public's health, safety, and welfare using objective standards by ensuring that vendors on public property provide safe and sanitary conditions for consumers and the general public, are adequately insured, are properly licensed with all agencies, and employ persons that do not pose a threat to customers and the general public. This chapter is adopted pursuant to the City's police powers for the purpose of regulating vending on the Sidewalk as defined in this chapter.

(b) Findings.

(1) The provisions set forth in this chapter ensure that the important goals and policies of the City Council are upheld;

(2) Establishing the requirement of a background check for street vendors and sidewalk vendors allows the City to continue to meet its commitment to public health, safety, and welfare;

(3) Establishing restrictions on street and sidewalk vending and operating noise-making devices in residential zones protects the quality of life of City residents and minimizes disruption to the peace and quiet enjoyment of residential property;

(4) Establishing traffic and safety conditions for street and sidewalk vendors ensures the safety of residents, street and sidewalk vendors, and minimizes impact to public streets and the public right-of-way.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

Unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Cart" means any pushcart, pedal-driven cart, wagon, bicycle, tricycle, display, rack, showcase, stand, table, display, or other non-motorized conveyance, other wheeled container or mechanism or from one's person, and includes a stationary cart or a roaming cart.

(b) "California Retail Food Code" means Part 7 of Division 104 of the California Health and Safety Code (commencing at Section 113700).

(c) "Chief" means the Chief of the Police Department or his/her designee.

(d) "Department" means the City's Police Department.

(e) "Food" means any type of edible substance or beverage.

(f) "Goods" or "merchandise" means any items and products of every kind and description, including all food, produce, and beverage items.

(g) "Health Department" means the County of Ventura Resource Management Agency Environmental Health division, or its successor.

(h) "Health Department Permit" means any and all licenses, permits, certifications, and courses required and issued by the Health Department to vend food within the City in accordance with this chapter.

(i) "Person" or "persons" means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity.

(j) "Roaming vending cart" means a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor, to be moved from place to place, and with stops only to complete a transaction.

(k) "Roaming sidewalk vendor" has the same meaning as set forth in Government Code section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.

(l) "Rules and regulations" means the rules and regulations, if any, established by the Chief and adopted by City Council resolution, concerning the sidewalk vending program that are intended to clarify and aid in the administration and enforcement of this chapter.

(m) "Sidewalk" means any paved surface in the public right-of-way provided for the use of pedestrians and includes pedestrian paths or any real public property, public easement, public street, street median, alley, parkway, public sidewalk, or other interest therein owned, held, leased, operated or otherwise controlled by the City.

(n) "Sidewalk vending permit" means a permit issued by the City to vend goods or merchandise within the City in accordance with this chapter.

(o) "Sidewalk vending program" means the program established by this chapter that is applicable to sidewalk vending-related activities.

(p) "Sidewalk vendor" has the same meaning as set forth in Government Code Section 51036(a), and includes a person who sells food, goods or merchandise from a cart upon a sidewalk.

(q) "State seller's permit" means a permit issued by the California Department of Tax and Fee Administration.

(r) "Stationary vending cart" means a cart intended to be operated from a fixed location by a stationary sidewalk vendor.

(s) "Stationary sidewalk vendor" has the same meaning as set forth in Government Code Section 51036(c), and includes a sidewalk vendor who vends from a fixed location.

(t) "Vend" or "vending" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, barter, or exchange anything of value, even if the transaction is characterized as a donation.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

(a) The department is authorized to issue sidewalk vending permits in accordance with this chapter.

(b) The Chief is authorized to develop and enforce, rules and regulations regarding the licensing, permitting, and operation of vending from a Sidewalk, in accordance with this chapter.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

No sidewalk vendor may vend or operate anywhere within the city without first obtaining a sidewalk vending permit. Sidewalk vendors must comply with the terms and conditions set forth in the sidewalk vending permit.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

(a) To obtain or to renew a sidewalk vending permit, a sidewalk vendor must provide the following as part of the application:

(1) Valid identification, such as a State of California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number, Social Security number, or any other government-issued identification card.

(2) The full true name, address and telephone number (business and residential) of the sidewalk vendor.

(3) Applicant's height, weight, and color of eyes and hair;

(4) One photograph of the applicant at least two (2") inches by two (2") inches taken within four (4) months preceding the date of the application;

(5) Proposed hours and days of operation.

(6) Whether the sidewalk vendor intends to operate a stationary vending cart or a roaming vending cart.

(7) Proposed location of operation. An application for placement of a stationary vending cart in a Commercial or Industrial zoned area of the City as identified in the City Municipal Code must contain the proposed location, marked by major cross streets, and a photo or sketch of such location. An application for a roaming vending cart in a residential zoned area of the City as identified in the City Municipal Code must contain a sketch or description of the route the sidewalk(s) vendor will travel.

(8) The type of goods or merchandise the sidewalk vendor will vend.

(9) Proof of a valid City Business Tax Certificate.

(10) Proof of liability insurance, to be kept in force during the term of the permit, for public liability and bodily injury, issued by a California admitted insurance carrier or an insurance carrier with an A.M. Best rating of A-VII or better. The insurance policy shall be endorsed to state that coverage may not be suspended, voided, canceled or reduced in coverage or limits without thirty (30) days' prior written notice to the City and Chief. The insurance policy shall insure the sidewalk vendor and shall name the City as an additional insured against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of the cart, or from violation of this chapter or of any other law of the state or the United States. The insurance policy shall be in the sum in an amount not less than $1,000,000.00. The City may accept insurance that does not meet the foregoing criteria or require insurance that exceeds the foregoing criteria if the City determines that such insurance will provide adequate protection, based on, but not limited to, factors such as whether the applicant belongs to a risk retention group satisfactory to the City; whether the applicant's operating risks are less than or more than standard risks; and whether the required insurance is reasonably available to a qualified applicant;.

(11) The application or renewal fee.

(12) Proof of a valid California Department of Tax and Fee Administration seller's permit and additional licenses from state or local agencies to the extent required by law.

(13) Proof of a valid Health Department Permit and California Retail Food Code compliance for food-related vending, if applicable.

(14) Proof of a valid certificate of completion of a food handler course, if applicable.

(15) A list of all convictions for any felony or misdemeanor (exclusive of any violations not constituting a felony), the nature of the offense, and the place, date, and disposition of the charge, including the penalty assessed.

(16) Completed, City provided live scan request form signed by live scan operator;

(17) A statement as to whether or not the applicant has ever had any license or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason(s) for the revocation(s).

(18) A statement as to the number of carts to be used.

(19) A declaration that the information provided to the City is true and correct.

(b) Sidewalk vending permits will expire one year after the date of issuance.

(c) Sidewalk vending permits are not transferable.

(d) A person whose sidewalk vending permit is revoked may not renew their sidewalk vending permit for one year.

(e) In accordance with Government Code Section 51038(c)(4), identification numbers, such as social security numbers, shall be confidential and shall not be disclosed.

(f) An applicant may apply to operate a maximum of three (3) separate carts.

(g) Immediately report a lost or stolen permit to the department.

(h) Return the permit to the department immediately on termination of employment or self-employment. A sidewalk vendor permit shall become void upon termination of employment or self-employment;

(i) Not allow any person to use or duplicate their permit. If a permit is found to be used by another individual, it shall be considered a violation of this chapter, unless previously reported as lost or stolen as indicated in this section.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

Upon receipt of a complete application for a Sidewalk vending permit, the Chief will cause the application to be reviewed and within ten (10) days of submittal of a complete application will either: (1) approve or conditionally approve the permit if all applicable requirements of this chapter are satisfied; or (2) deny the application if all applicable requirements of this chapter are not satisfied. Notice of the Chief's decision will be provided by certified or registered mail or by personal delivery to the applicant within three (3) business days of the decision.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

(a) Every cart used to vend food must be approved by the Health Department. A cart may only vend the types of food that are listed and approved by the Health Department under the Health Department Permit.

(b) A cart used for sidewalk vending must obtain, possess, and prominently display a valid sidewalk vending permit and all other required permits that are issued by other public agencies or as required by this chapter.

(c) A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the sidewalk vending permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.

(d) No cart that is used for sidewalk vending may exceed fifteen (15) square feet, and also not exceed a linear distance greater than five (5') feet, on any one side. Merchandise such as banners, feather flags, flags and pennants must be displayed directly on the cart and may not extend above or beyond the cart.

(e) A cart must operate according to its approved hours of operation. The Chief may impose reasonable hours of operation for sidewalk vendors. For sidewalk vending in commercial or industrial zoned areas, the Chief may limit the hours of operation in a manner consistent with other businesses or uses on the same street(s) in those commercial or industrial zoned areas.

(f) No cart or any material or matter brought to the location by the sidewalk vendor may be left on the sidewalk during any pause in business or after the sidewalk vendor ends operations for each day.

(g) A sidewalk vendor must maintain a clean and trash-free 50-foot radius from a cart during hours of operation and must leave the area clean by the approved end of daily operation(s).

(h) Sidewalk vendors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles for use by the general public.

(i) A stationary vending cart that vends food must be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility. If the facility is located on private property, the stationary sidewalk vendor must possess a copy of an enforceable contract between the private property owner and the stationary sidewalk vendor allowing the stationary sidewalk vendor to utilize such facilities, including the days and hours of operation.

(j) Sidewalk vendors must comply with all applicable federal, state, county, and local laws, regulations, and ordinances.

(k) All signs must be attached to the cart and no sign may extend above or beyond the cart. Airborne signs such as balloons, banners, feather flags, flags and pennants are prohibited. No free standing signs may be placed on the sidewalk.

(l) Carts must be self-contained, including any power, fuel, cooling, cooking, shading, and heating equipment. Sidewalk vendors may not set up tables, chairs, or other structures, unless otherwise approved by the City. Sidewalk vendors may not access a City or private power source without prior authorization from the City or such private property owner or agent.

(m) No sidewalk vendor or cart may use any device that produces a loud noise, nor may the vendor use or operate any loud speaker, public address system, radio, sound amplifier, or other similar device.

(n) Before non-electric generators or auxiliary power may be used to power a cart, the sidewalk vendor must obtain permission, as applicable, from the Ventura County Air Pollution Control District.

(o) Vending of services is prohibited.

(p) Sidewalk vendors shall not occupy space on any sidewalk in such a way that would impede upon the required sidewalk width or path of travel requirement pursuant to the federal Americans with Disabilities Act of 1990 (Public Law 101336) and any other disability access standards.

(q) Sidewalk vendors must comply with the California Retail Food Code as codified in Part 7 of California Health and Safety Code 113700, et seq., if vending food.

(r) Sidewalk vendors shall obtain and keep in force during the term of the permit, workers' compensation insurance, covering all employees of the business as required by law.

(s) Sidewalk vendors shall not attempt to reserve any street or public parking area exclusively for themselves or their customer parking.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

No stationary vending cart may be used to vend within a residential zoned area. However, a roaming sidewalk vendor may use a roaming vending cart within a residential zone, and must move continuously except when necessary to complete a sale. The roaming sidewalk vendor must move a distance of not less than 200 feet between consecutive stops at which vending occurs. Once a roaming sidewalk vendor has moved from a vending location, the roaming sidewalk vendor may not return to that location for thirty (30) minutes.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

(a) No sidewalk vendor may place or leave any cart:

(1) Within twenty-five (25') feet of a marked crosswalk.

(2) Within fifteen (15') feet of any fire hydrant.

(3) Within a 45-foot radius of a bench, sign, or shelter used for public transit stops.

(4) Upon a public street median.

(5) Within 100 feet of any intersection.

(6) Within 500 feet of the driveway of any public school or daycare center between the hours of 7:00 a.m. and 4:00 p.m. on the days the school is in session.

(7) Within fifteen (15) feet of a driveway or driveway apron.

(8) Within thirty (30) feet of an outdoor dining or patio dining area.

(9) Within eighteen (18) inches from the edge of the curb.

(10) Where placement impedes ingress to or egress from any doorway.

(11) Where placement impedes the flow of vehicular traffic.

(b) No cart may be chained or fastened to any utility pole, sign, tree, or other object in the public right-of-way or sidewalk. No cart may be left or maintained unattended at any time. Any vehicle, human powered device, equipment or objects left on public right-of-way or sidewalk unattended will be considered discarded and may be seized or disposed of by the department.

(c) Notwithstanding any specific regulations in this chapter, no sidewalk vendor may install, use or maintain a cart where placement endangers the safety of persons or property as determined by the Chief or his designee.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

No sidewalk vending is allowed within 300 feet of a City-permitted special event within the time period commencing one hour before until one hour after the special event. Permitted events include certified farmers' markets, and any event that requires an encroachment permit or special event permit, filming, parades, outdoor concerts, street fairs, arts shows, crafts shows, or any other permit or authorization required by the City.

(a) Stationary sidewalk vendors shall be prohibited from vending in a park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or goods or merchandise by the concessionaire.

(b) The City may by resolution adopt additional requirements consistent with Government Code Section 51038(b)(2)(B) for city-owned or operated parks, effective after signs are posted giving notice of such additional requirements.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation issued by the department as follows:

(a) For vending without a valid sidewalk vending permit:

(1) An administrative fine of $250.00 for a first violation.

(2) An administrative fine of $500.00 for a second violation within one year of the first violation.

(3) An administrative fine of $1,000.00 for a third violation and each subsequent violation, within one year of the first violation.

(4) Upon proof of a valid sidewalk vending permit issued by the City before such fines are due, the City will reduce the amount of the fines to $100.00 for the first violation, $200.00 for the second violation, and $500.00 for each violation thereafter.

(b) For all violations of this chapter other than vending without a valid sidewalk vending permit as outlined in subsection (a) above:

(1) An administrative fine of $100.00 for a first violation.

(2) An administrative fine of $200.00 for a second violation within one year of the first violation.

(3) An administrative fine of $500.00 for a third violation within one year of the first violation.

(4) An administrative fine of $500.00 for a fourth and each subsequent violation, and revocation of the permit.

(c) The City will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.

(d) All citations issued for violations of this chapter are subject to the administrative hearing and appeal process under this chapter and the City's authority to use any civil remedy available to collect any unpaid administrative fine.

(e) Fines assessed pursuant this section may be reduced to twenty (20%) percent of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Government Code Section 51039(f)(2).

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

The City may request a sidewalk vendor remove any cart that is in violation of this chapter. If the sidewalk vendor refuses to remove the cart, or if a cart has been abandoned, the City may cause the cart to be removed, and provide notice to the owner of the cart or at the location of the removal, if the cart was abandoned. The City may subsequently dispose of the cart (including any associated goods or merchandise) if not claimed by the vendor within ninety (90) days of removal by City. The City may, in its sole discretion, immediately dispose of any food products after cataloging all food to be disposed.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

(a) Revocation by Chief: Previous Grounds for Denial. The Chief or his or her designee shall revoke a sidewalk vending permit where the Chief determines from the facts that there were grounds for denying the permit in the manner hereinbefore provided for by this chapter, which were first disclosed or otherwise made known to the Chief after issuance of the permit, and such facts were not discoverable upon the exercise of due diligence by the Chief prior to the issuance of the permit.

(b) Revocation by Chief: Violation of Terms and conditions. The Chief may revoke a sidewalk vending permit where the Chief determines from the facts that the permittee is in violation of the terms and conditions of the permit, or where the permittee has violated any applicable law or regulation; provided, however, that the Chief shall not revoke a permit in the manner provided by this subsection unless and until such chief advises the permittee of such violation and provides a reasonable opportunity to correct same.

(c) Notice of Revocation. Where the Chief determines to revoke a sidewalk vending permit, the Chief shall immediately cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the City Manager, City Attorney and all remaining City officials charged with carrying out any responsibilities under this chapter.

(d) Hearing on Revocation. The permittee of a sidewalk vending permit may appear before the Chief for the purpose of presenting evidence why the sidewalk vending permit should not be revoked. Upon request by the permittee, the Chief will fix a time and place for such hearing, and provide written notice of the hearing to the permittee. The Chief may issue a decision orally at the conclusion of the hearing or take the matter under submission, and shall also notify the permittee, the City Manager and the City Attorney, in writing of the decision. The Chief's decision shall be final.

(e) Content of Notices. Any notification of action by the Chief or his or her designee in subsections (b), (c) or (d) of this section, whether oral or written, shall describe, with particularity, the facts and the reasons for the decision. Any such written notice may be by a method as agreed by the parties in addition to a written document signed or sent by the Chief or his or her designee, respectively, to the address shown on the application.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)

(a) Any person denied approval or renewal of a sidewalk vendor permit under this chapter, assessed a fine for violations of this chapter, or whose permit has been suspended, revoked or conditioned, may appeal. Such appeal must be in writing and must be filed with the City Manager or his or her designee not more than fourteen (14) days following the mailing of the notice of denial, suspension, revocation, or conditioning sent to the applicant to the address listed by the applicant pursuant to this chapter. The written appeal must contain all reasons and documentary support why the denial, revocation, suspension, or conditioning should be overturned. Any successful appeal will result in approval or reinstatement of an approval and refund of any fines collected by the City.

(1) The City shall not accept an appeal, and no hearing shall be held, unless the appellant has paid a filing fee, in an amount set by resolution of the City Council, to defray the cost of such appeal. Any appeal without the timely payment of fees shall be considered to be untimely.

(2) The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal, as submitted pursuant to this section.

(b) City Manager action.

(1) Upon receipt of a timely filed appeal, the City Manager or his or her designee shall set the matter for hearing which shall be held not fewer than ten (10) calendar days, nor more than thirty (30) calendar days from the date of the appeal request. The hearing may be continued from time to time upon the mutual consent of the parties.

(2) The appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least seven (7) calendar days prior to the hearing.

(3) At the time of such hearing, the City Manager or his or her designee shall review the records and files relating to the decision.

(4) In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are permitted in civil actions. Irrelevant, collateral, and repetitious testimony shall be excluded.

(5) In the case of denial of an initial permit application the appellant shall have the burden of proving that he or she meets the requirements for issuing the permit in the first instance; in the case of the conditioning, revocation or denial of a permit renewal, the City shall have the burden in proving that grounds exist for revoking or failing to renew a permit.

(6) Based upon the evidence presented at the hearing, the City Manager or his or her designee shall determine whether the decision should be affirmed, modified or reversed.

(7) The City Manager or his or her designee's decision shall be communicated in writing to the appellant within seven (7) calendar days after the close of the hearing and submission of the matter to the City Manager for decision. The City Manager's decision shall state whether the decision is affirmed, modified or reversed and shall state the reasons therefor.

(8) The decision of the City Manager or his or her designee shall include notice that the decision is final and conclusive, that judicial review may be sought therefrom pursuant to California Civil Procedure Code Section 1094.5, and that any action filed in the Superior Court shall be filed within ninety (90) days following the City Manager's notice pursuant to California Civil Procedure Code Section 1094.6.

(§ 2 (Exh. A), Ord. No. 1345, eff. December 8, 2022)