South El Monte Municipal Code Ch. 5.09 Sidewalk Vending

The following words and phrases, whenever used in this chapter, shall be defined as follows:

"Certified farmers' market"

means a location operated in accordance with Chapter 10.5 of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

"Director"

means the community development director of the city of South El Monte.

"Person"

means one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, 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.

"Roaming sidewalk vendor"

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

"Sidewalk vendor"

means a person who vends from a vending cart or from one's person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians.

"Stationary sidewalk vendor"

means a sidewalk vendor who vends from a fixed location.

"Swap meet"

means a location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

"Temporary special permit"

means a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerns.

"Vend" or "vending"

means to sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.

"Vending cart"

means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.

(Ord. 1233 §2, 2019)

No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the city without first obtaining a sidewalk vending permit pursuant to this chapter.

(Ord. 1233 §2, 2019)

To apply for a sidewalk vending permit, a person must file an application with the director, accompanied by a nonrefundable processing fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:

A. The legal name and current address and telephone number of the applicant.

B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal.

C. A description of the food or merchandise offered for sale.

D. A description of the area(s) the applicant intends to operate.

E. Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor.

F. A copy of a valid business license issued pursuant to South El Monte Municipal Code Chapter 5.04.

G. A California seller's permit number pursuant to Revenue and Taxation Code Section 6067.

H. Certification by the applicant that the information contained in the application is true to his or her knowledge and belief.

I. If a vendor of food or food products, certification to completion of a food handler course and proof of all required approvals from the Los Angeles County department of public health.

J. Proof of liability insurance.

K. Any other reasonable information regarding the time, place, and manner of the proposed vending.

(Ord. 1233 §2, 2019)

The director, or designee, shall approve the issuance of a permit unless he or she determines that:

A. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

B. The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;

C. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in Section 5.09.090;

D. The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter; or

E. The applicant is convicted of any felony or misdemeanor involving moral turpitude and has not subsequently demonstrated rehabilitative characteristics, or assault.

(Ord. 1233 §2, 2019)

A sidewalk vending permit shall be valid for twelve months from the date of issuance and shall expire and become null and void on the anniversary of its issuance. A person may apply for a permit renewal on a form provided by the city prior to the expiration of his or her active sidewalk vending permit.

(Ord. 1233 §2, 2019)

The director may rescind a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this chapter. The director may also rescind a permit issued to a sidewalk vendor if the sidewalk vendor is convicted of any felony or misdemeanor involving moral turpitude and has not subsequently demonstrated rehabilitative characteristics, or assault. A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit.

(Ord. 1233 §2, 2019)

Any person aggrieved by the decision of the director to issue, deny issuance, or rescind a sidewalk vending permit may appeal the decision to the city council. The appeal shall be filed with the city clerk within fifteen days following the date of the director's decision.

(Ord. 1233 §2, 2019)

No permit granted pursuant to this chapter shall be transferable.

(Ord. 1233 §2, 2019)

Sidewalk vendors shall comply with the following:

A. No sidewalk vendor shall vend in the following locations:

1. Within fifteen feet of any street intersection.

2. Within fifteen feet of any fire hydrant, fire call box, or other emergency facility.

3. Within ten feet of any curb which has been designated as white, yellow, green, blue, or red zone, or a bus zone.

4. Within ten feet of any driveway or driveway apron.

5. Upon or within any roadway, median strip, or dividing section.

6. Within five hundred feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special permit.

7. In any city parking lot.

8. On private property without the consent of the property owner.

9. Within five hundred feet of another vendor.

B. No sidewalk vendor shall vend to customers in moving operating vehicles, or in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than three feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices. Sidewalk vendors may not encourage, direct, or allow customers to congregate in a manner which obstructs the free movement of pedestrians or vehicles, and/or does not provide a clearance of not less than three feet on all sidewalks or pedestrian areas.

C. Sidewalk vending is permitted between the hours of eight a.m. and ten p.m. daily, except as follows:

1. In residential areas, sidewalk vending shall be permitted between the hours of nine a.m. and six p.m.

2. In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

3. In city parks, sidewalk vending shall be permitted only during hours open to the public.

D. Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.

E. Stationary sidewalk vendors shall not vend at any park where the park operator has an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

F. Sidewalk vendors shall provide a trash receptacle for customers and shall ensure proper disposal of customer trash. Vendors are prohibited from depositing or leaving waste on public property or in a place that might result in injury to any person, including, but not limited to, rubbish, garbage, food waste, paper, empty containers, and other waste items, including cooking waste such as oil and grease. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor's customers within a fifteen foot radius of the vending location.

G. Vendors of food or food products shall possess and display in plain view on the vending cart all applicable permits from Los Angeles County department of public health, including a valid and current mobile food facility permit.

H. Sidewalk vendors shall possess, at all times while vending, a valid permit issued pursuant to this chapter, as well as any other permit or license required by the city and any other appropriate governmental agency.

I. Sidewalk vendors shall possess, at all times while vending, a valid form of photo identification. Valid forms of photo identification include, but are not limited to, a driver's license, a student identification card, or other state-issued identification card.

J. Sidewalk vendors shall possess, at all times while vending, current liability insurance.

K. Sidewalk vendors shall comply with all applicable state and local laws, including, without limitation, state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

L. Vending carts shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property.

M. Vending carts shall not be left unattended or stored on public property or within the public right-of-way.

(Ord. 1233 §2, 2019; Ord. 1270 §3, 2023)

A. A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to Chapter 1.14, in amounts not to exceed the following:

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 dollars for each additional violation within one year of the first violation.

B. A person engaged in sidewalk vending without a valid city sidewalk vending permit is punishable by an administrative citation pursuant to Chapter 1.14 in amounts not to exceed the following, in lieu of the amounts set forth in subsection A:

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.

4. Upon proof of a valid sidewalk vending permit issued by the city, the administrative citations set forth in this subsection shall be reduced to amounts set forth in subsection A.

C. A violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

D. Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

E. When assessing administrative citations pursuant to this section, the hearing officer 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.

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

G. The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.

(Ord. 1233 §2, 2019)

A. Any enforcement officer is authorized to impound equipment, carts, food, goods, or merchandise of a street vendor operating in violation of this chapter and whose operations constitute an immediate threat, hazard, or danger to persons or property, pursuant to Chapter 8.26 of this code.

B. The city shall store impounded vending equipment, carts, goods, or merchandise for a minimum of thirty days. If the property is not claimed within that time period, the city may dispose of the property.

C. The city may immediately dispose of impounded materials that are perishable or cannot be safely stored.

D. The city council may adopt impound fees by resolution, which shall reflect the city's enforcement, investigation, administration, storage and impound costs.

E. Any owner of impounded vending equipment, carts, food, goods, or merchandise may, within fifteen days, appeal the impoundment in writing to the city manager, or his or her designee. The appeal shall be filed with the city clerk within fifteen days following the date of the impoundment. The decision of the city manager may be appealed to the city council by filing the appeal in writing with the city clerk within fifteen days following the city manager's decision.

F. Prior to the expiration of the thirty-day holding period or before any appeal related to impoundment becomes final, any person claiming ownership of vending equipment, carts, goods, or merchandise that has been impounded may reclaim such materials upon payment in full of all applicable impound fees incurred and proper proof of ownership. Any unclaimed items will be considered abandoned and forfeited to the city after thirty days following impoundment, and may, in the city manager's discretion, be destroyed or auctioned in accordance with applicable state law.

(Ord. 1270 §4, 2023)