Solvang Municipal Code Ch. 4 Sidewalk Vending

The purpose of this chapter is to establish a sidewalk vendor permitting and regulatory program to protect the public health, safety and welfare of the people of Solvang.

A. The city council hereby finds that, to promote the health, safety and welfare, restrictions on sidewalk vending are necessary in part to.

1. Provide reasonable access for sidewalk vending activities in portions of the city while preserving the use and maintenance of parks, sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/or planters, as well as access to locations used for public transportation services.

2. Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

3. Ensure no interference with barriers designed to stop vehicles and prevent injury to people.

4. Ensure no interference with the performance of public safety officers including police, firefighters, lifeguards, and emergency medical services personnel.

5. Reduce exposure to the city for personal injury or property damage claims and litigation.

6. Ensure the safe sale of food and merchandise in the public right-of-way, by providing the public a simple way to ensure sidewalk vendors prepare food safely and according to the county of Santa Barbara public health department requirements.

7. Prevent unsanitary conditions and ensure trash and debris in the areas vending is taking place are removed by sidewalk vendors.

8. Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on sidewalks and other rights of way are protected while accommodating sidewalk vendor equipment.

9. Ensure that proper social distancing can be maintained as much as possible on sidewalks and other pedestrian paths in accordance with the county of Santa Barbara public health department guidelines.

10. Mitigate the impacts of sidewalk vending activity and protect the unique characteristics of the city by maximizing public access to parks and other recreational spaces in the city.

B. The city council hereby finds that the unique characteristics of the city require certain restrictions on sidewalk vending activities as follows.

1. The city council finds that congestion is extreme in the central business district, on public streets, public sidewalks and parkways and that the existence in the city of sidewalk vendors seek to and do draw patrons to their food and merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safety on sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in the central business district, in city parks and in residential areas. Sidewalk vendors can also impact access to and egress from businesses. This chapter imposes reasonable time, place, and matter restrictions on sidewalk vendors to the extent necessary to ensure the safety of sidewalk vendors, their patrons, the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the city.

2. City parks provide passive and active recreational opportunities, and restrictions on sidewalk vending activity are necessary to safeguard access to and to protect the natural resources, recreational and sport opportunities and scenic and natural character of these parks.

3. The city council finds that many of the sidewalk areas of the city are narrow and that unregulated and uncontrolled sidewalk vending affects the health, safety and welfare of the city by unreasonably interfering with the flow of pedestrians and disrupting access for persons with disabilities.

(Ord. 09-281, 2009; Ord. 21-0348 § 2)

Unless the context otherwise requires, the following definitions apply in this chapter.

Central Business District.

Central business district shall be as defined in section 8-3-1.

Fixed Place of Business.

A fixed business place, location, building, room, stand or enclosure separate and distinct from any other business, in which goods, wares, merchandise, fruit or vegetables are kept, displayed or offered for sale to the public, regularly kept open with an agent in exclusive attendance for at least six hours per day, for at least five days per week.

Person.

Any person, firm, corporation, association, club, society, or other organization.

Personally Identifiable Information.

An individual's name, business name, home address, business address, birthdate, telephone number, business location, California driver's license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer 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.

Roaming Sidewalk Vendor.

A sidewalk vendor who moves from place to place and stops only to complete a transaction.

Selling or Sales.

Wherever these terms are used herein, "buying" and "purchasing" shall be deemed included.

Sidewalk Vending Activity.

The sale of food, good, wares or merchandise, or solicitation of orders for the sale of goods, wares or merchandise to be delivered at some future time or date, upon a public sidewalk or other public pedestrian path or on a public street, including any adjacent parking spaces, from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, from one's person, or from a motor vehicle as defined in the California Vehicle Code. Notwithstanding the foregoing, sidewalk vending activity includes going upon the premises of any private residence in the city, not having been requested or invited by the owner or occupant thereof, for the purpose of taking offering for sale or for soliciting orders for future delivery of goods, wares, merchandise, or personal property of any nature, or for services to be performed in the future. Sidewalk vending activity does not include sales or solicitations of food, goods, wares or merchandise from a merchant (including any employees thereof) having a fixed place of business within the city after a prior approval, either oral or written, from the vendee.

Sidewalk Vendor.

A person who engages in sidewalk vending activity. A sidewalk vendor does not include a merchant (including any employees thereof) having a fixed place of business within the city engaging in sales or solicitations of food, goods, wares or merchandise after a prior approval, either oral or written, from the vendee.

Stationary Sidewalk Vendor.

A sidewalk vendor who engages in sidewalk vending activity from a fixed location.

(Ord. 09-281, 2009; Ord. 21-0348 § 2; Ord. 26-0394, 4/27/2026)

A. No person, either for themselves or any other person, shall engage in any sidewalk vending activities within the City without first applying for and receiving a sidewalk vendor permit from the City Manager or the City Manager's designee. Hereinafter in this chapter, references to the City Manager shall include the City Manager's designee.

B. Each person who desires to engage in any sidewalk vending activity in the City shall file with the City Manager a sworn permit application on a form furnished by the City. The applicant shall provide the following information.

1. Name and description.

2. Permanent home address and local address.

3. An address where the applicant consents to receive service of process. Acceptable addresses for this purpose shall include a post office box or private mailbox that complies with Business and Professions Code Section 17538.5.

4. If employed, the name and address of the employer, together with credentials establishing that relationship.

5. A brief description of the nature of the business and the goods to be sold.

6. The length of time for which the permit is sought, which shall not exceed 12 months.

7. Two photographs of applicant.

8. Motor vehicle license plate number, vehicle identification number (VIN), driver's license number and insurance carrier of any vehicle, if any, that will be used in any sidewalk vending activities.

9. If selling food items, proof of all permits and approvals required by the Santa Barbara County Public Health Department.

10. A valid identification card issued by the Santa Barbara County Tax Collector or Santa Barbara County Sheriff's Department. If the applicant does not hold a valid identification card issued by Santa Barbara County Tax Collector or Santa Barbara County Sheriff's Department, the City Manager shall furnish the applicant with the necessary information to obtain such an identification card.

11. A California Department of Tax and Fee Administration seller's permit.

12. A valid business license issued pursuant to Chapter 4-9 of this code.

13. Proof of insurance with policy limits not less than $1,000,000 per occurrence and $2,000,000 aggregate, where the City has been named as an additional insured on the applicant's insurance policy.

14. A signed waiver of release and indemnification on a form acceptable to the City consistent with the requirements of subsection C of this section.

C. Indemnification and Waiver. As a condition of issuance of a permit pursuant to this chapter, the applicant shall:

1. Agree to waive and release the City and its officers, agents, employees, contractors and volunteers from and against any and all claims, costs, liabilities, expenses, or judgments including attorneys' fees and court costs arising out of any sidewalk vending activities or any illness or injury resulting therefrom;

2. Agree to indemnify and hold harmless the City, its officers, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgments including attorneys' fees and court costs arising out of any sidewalk vending activities or any illness or injury resulting therefrom, whether caused by negligence or otherwise, except for illness and injury resulting directly and solely from the gross negligence or willful misconduct on the part of the City, its officers, agents, employees, contractors and volunteers; and

3. Acknowledge that the use of any sidewalk is at the applicant's own risk and the City will not take any steps to ensure any sidewalk is safe or conducive to the sidewalk vending activities.

D. Fee. The City shall charge a nonrefundable application fee for the processing of an application pursuant to this chapter in such amount as established by resolution of the City Council.

E. Nontransferable. A sidewalk vendor permit is nontransferable and any change in ownership or operation of the business of a sidewalk vendor requires a new permit.

F. Term.

1. A sidewalk vendor permit shall be valid for the time period specified in the application or for 12 months from the date of issuance, whichever is shorter. A sidewalk vendor permit shall expire and become null and void after expiration of the period specified in the application, or on the anniversary of its issuance, whichever is shorter. Notwithstanding the foregoing, no sidewalk vendor permit shall be valid after the expiration date appearing on the Santa Barbara County identification card provided in the application for such sidewalk vendor permit.

2. Provided such renewal is consistent with Sections 4-4-6 and 4-4-7 of this code, a permit holder may renew the permit by filing an application for renewal and meeting all of the requirements as prescribed in this section. Such application shall be submitted prior to expiration of the current sidewalk vendor permit.

G. Disclosure.

1. 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 a valid judicial warrant.

2. Any personally identifiable information collected by the City pursuant to this chapter shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title of the Government Code).

(Ord. 09-281, 2009; Ord. 21-0348 § 2; Ord. 26-0394, 4/27/2026)

The following persons are exempt from the permit provisions of this chapter; provided, that a completed proof of exemption form is filed with the city manager for a person who:

A. Solicits orders for products sold on an established route such as a bakery, newspaper or dairy products route;

B. Solicits orders from retail dealers on behalf of a wholesaler, jobber or manufacturer;

C. Solicits for a bona fide political or religious purpose;

D. Is a resident of the city under 18 years of age.

(Ord. 09-281, 2009; Ord. 21-0348 § 2)

A. The city manager may issue the sidewalk vendor permit if the city manager finds based on all of the relevant information that.

1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or interfere with or endanger the public health, safety or general welfare.

2. The conduct of the sidewalk vendor will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the sidewalk vendor.

3. The conduct of such sidewalk vending activity will not constitute a fire hazard.

4. The sidewalk vendor has paid all previous administrative fines and completed any other alternative disposition associated in any way with a previous violation of this chapter.

5. The sidewalk vendor has not had a permit revoked within the past 12 months.

6. The sidewalk vendor application contains all required information and the sidewalk vendor has not made a materially false, misleading or fraudulent statement of fact to the city in the application process.

7. The sidewalk vendor has obtained a business license pursuant to title 4, chapter 9 of this code.

8. The sidewalk vendor has obtained a valid California Department of Tax and Fee Administration seller's permit.

9. The sidewalk vendor has provided adequate insurance as determined by the city Attorney to protect the city from liability associated with sidewalk vending activities, with policy limits not less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate, where the city has been named as an additional insured on the sidewalk vendor's insurance policy.

B. To prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the city's parks, the city manager shall authorize no more than five concurrent sidewalk vendor permits for stationary sidewalk vendors in the city's parks. This restriction shall not apply roaming sidewalk vendors.

C. To ensure the public's use and enjoyment of the city's public spaces and to prevent an undue concentration of activities in public sidewalks or other public pedestrian paths, and to ensure adequate social distancing during such times as public health orders are in effect recommending such social distancing, no sidewalk vendor permit shall be issued for sidewalk vending activities in the central business district.

D. To ensure the availability of sufficient sidewalk vendor permits for small businesses for whom sidewalk vending is a primary occupation, any person or entity that maintains a fixed place of business within the city shall be ineligible to apply for a sidewalk vendor permit under this chapter.

(Ord. 09-281, 2009; Ord. 21-0348 § 2)

A. Denial. If the city manager finds that the requirements set forth in section 4-4-5, as applicable, have not been met, the city manager shall deny the application for the sidewalk vendor permit. The decision is final 10 days from the date the notice of denial is served in conformance with this section.

B. Notice of Denial. The city manager shall provide written notice of such denial within 15 days after the application is filed, specifying the ground or grounds of such denial. Notice of denial of the application for the sidewalk vendor permit shall be deemed to have been served upon the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at the applicant's residence as set forth in the application for the sidewalk vendor permit.

C. No person whose permit is finally denied shall be eligible to apply for a new sidewalk vendor permit for a period of one year following such final denial.

D. Appeal. A person aggrieved by the decision of the city manager may appeal the decision pursuant to the provisions of title 1, chapter 6 of this code.

(Ord. 21-0348 § 2)

A. The City Manager may revoke a sidewalk vendor permit for good cause, including, but not necessarily limited to, any of the following reasons.

1. Falsification of any information supplied by the sidewalk vendor upon which issuance of the sidewalk vendor permit was based;

2. Fraud, misrepresentation or false statement made in the course of engaging in sidewalk vending activities;

3. Failure of the permittee, or any employees or subcontractors of the permittee, to comply with the regulations set forth in this chapter.

B. The revocation takes effect three days after the city manager mails notice of revocation to the applicant or upon personal delivery, whichever first occurs.

C. No sidewalk vendor whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.

D. Appeal. A person aggrieved by the decision of the City Manager in revoking a registration permit may appeal the decision pursuant to the provisions of Chapter 1-6 of this code. During the pendency of the appeal, the permit is suspended and the sidewalk vendor shall not conduct any sidewalk vending activities in the City.

(Ord. 21-0348 § 2; Ord. 26-0394, 4/27/2026)

Every sidewalk vendor is subject to the following operating conditions when conducting sidewalk vending activities.

A. All food, good, wares and merchandise shall be stored either inside or affixed to the sidewalk vendor's motor vehicle, pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or carried by the sidewalk vendor. Food, goods, wares and merchandise shall not be stored, placed, or kept on any public property. If affixed to the motor vehicle, pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, the overall space taken up by the cart shall not exceed the size requirements provided in this section.

B. Sidewalk vendors may only sell food and/or merchandise. Sidewalk vendors shall not sell or provide services.

C. Each sidewalk vendor shall conspicuously display the identification card issued by the Santa Barbara County tax collector and the business license, if any, required by this code, at all times while engaged in sidewalk vending activities.

D. Each sidewalk vendor shall carry and display in a conspicuous place the sidewalk vendor permit issued pursuant to this chapter at all times while engaged in sidewalk vending activities.

E. All signage and advertising related in any way to the sidewalk vendor shall comply with the city's sign laws.

F. For purposes of verification of compliance with this chapter, all sidewalk vendors shall allow a police officer, firefighter, code enforcement officer, health inspector, or other government official charged with enforcing laws related to sidewalk vending activities, at any time to inspect the sidewalk vendor's pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, the sidewalk vendor's person, or motor vehicle (as defined in the California Vehicle Code).

G. Any a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for sidewalk vending activities on a public sidewalk or other pedestrian path shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet.

H. No cart shall contain or use propane, natural gas, gasoline or other explosive or hazardous materials. No cart shall use electrical power furnished by a generator using any of these substances.

I. Sidewalk vendors selling food shall have in their possession at all times they are conducting sidewalk vending activities, all applicable food vending licenses and permits issued by the county of Santa Barbara or other regulatory agency.

J. All sidewalk vendors shall provide a trash receptacle readily accessible to persons making purchases from such sidewalk vendor and shall deposit or cause to be deposited therein, all liter and garbage in the immediate vicinity of the place of sale resulting from any sidewalk vending activities.

K. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public property.

L. Sidewalk vendors shall ensure that all required insurance is in effect prior to conducting any sidewalk vending activities and maintained for the duration of the permit.

M. Sidewalk vendors shall not leave their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance or motor vehicle (as defined in the California Vehicle Code) unattended.

N. Any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance or motor vehicle used by a sidewalk vendor shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.

(Ord. 21-0348 § 2)

A. Sidewalk vendors shall not engage in any of the following activities.

1. Renting merchandise to customers.

2. Displaying merchandise or food not available for immediate sale.

3. Selling of alcohol, cannabis, adult oriented material, weapons, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or cannabis.

4. Using an open flame on or within any cart.

5. Using an electrical outlet or power source that is owned by the city, or by any other person or entity without the permission of such person or entity.

6. Conducting sidewalk vending activities anywhere in the city between the hours of eight (8:00) p.m. on one day and seven (7:00) a.m. the next day, unless businesses in nonresidential zones on the same street are permitted to remain open during those hours, in which case sidewalk vending activities shall be conducted no later than the closing hour for such business, nor earlier than the opening hour for such business.

7. Providing or selling any service to any person.

8. Conducting sidewalk vending activities on private property without first obtaining written permission from the property owner or person having control of said property. Any such written permission must be in the possession of the sidewalk vendor at all times while engaging in sidewalk vending activities on private property.

B. Sidewalk vendors shall not engage in sidewalk vending activities in any of the following locations.

1. On any street or any city property that does not meet the definition of a sidewalk under California Vehicle Code section 555 or is not a pedestrian path.

2. Due to the narrow width of sidewalks and pedestrian paths, to ensure adequate social distancing during such times as public health orders are in effect recommending such social distancing, and to ensure compliance with the Federal Americans with Disabilities Act of 1990 and other disability access standards, on sidewalks bordering the following streets or sidewalks or pedestrian paths bordering or crossing the following parks:

a. The central business district.

b. Solvang Park.

c. Copenhagen Drive.

d. Mission Drive.

3. For stationary sidewalk vendors, in any residential zone in the city.

4. Within a 500 foot radius of a permitted certified farmers' market during the limited operating hours of that certified farmers' market.

5. Within a 500 foot radius of an area designated for a temporary permit issued by the city pursuant to section 8-3-5(B) during the limited duration of the temporary permit.

6. Within fifty feet (50) of any street intersection.

7. Within 15 feet of any fire hydrant, or other emergency response equipment or facility.

8. Within 25 feet of any driveway or driveway apron.

9. Within 50 feet of a transit stop.

10. Upon or within any street, roadway, median strip, or dividing section.

11. Upon an outdoor area that is unpaved or unimproved (i.e., is not made from concrete, asphalt, or similar material).

12. Within 250 feet of any property on which a school building or facility is located during the following times:

a. An hour before school is in session; and

b. An hour before and an hour after school dismissal.

13. Within 250 feet of any public picnic area, playground area, or playground equipment.

14. Within 100 feet of any signalized intersections or in any manner that blocks traffic signal equipment and cabinets.

15. In any place where such sidewalk vending activities will create a traffic hazard or other safety hazard.

16. In any area for which the city has entered into an exclusive agreement for vending of food, goods, wares or merchandise.

17. In any area where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a non-illuminated flat sign of not more than one square foot bearing the words "No Solicitors," or words of similar import.

(Ord. 09-281, 2009; Ord. 21-0348 § 2)

A. Penalty for Violation. Violations of this chapter shall not be prosecuted as infractions or misdemeanors under title 1, chapter 3 and shall only be subject to administrative citations pursuant to title 6, chapter 5, article A.

B. Citation Appeals. Administrative citations for violations of this chapter may be appealed pursuant to Title 6, Chapter 5, Article A.

(Ord. 09-281, 2009; Ord. 21-0348 § 2)