Suisun City Municipal Code § 5.34.010 Purpose

Footnotes:

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Editor's note— Ord. No. 826, § 1, adopted Apr. 28, 2026, repealed the former Ch. 5.34, §§ 5.34.010—5.34.090, and enacted a new Ch. 5.34 as set out herein. The former Ch. 5.34 pertained to vendors, and derived from Ord. No. 621, § 2(part), adopted in 1995.

This chapter regulates the sale of merchandise or food on the public sidewalks within the city for the purpose of promoting the free and safe flow of vehicular and pedestrian traffic and is directly related to the objective health, safety, and welfare of the public. It is hereby found that the use of such rights-of-way for such purposes in violation of the prohibitions of this chapter would constitute an interruption of the free flow of traffic and a serious and dangerous hazard to the public.

(Ord. No. 826, § 1, 4-28-2026)

The provisions of this chapter shall not apply to a mobile food vendor regulated under Chapter 18.56 of this Code. Any person or entity engaged in food vending, as defined in Section 18.56.020, shall be subject to the regulations in Chapter 18.56.

(Ord. No. 826, § 1, 4-28-2026)

As used in this chapter the following meanings shall apply:

"Applicant" means the individual, group, company, partnership, or other recognized legal entity seeking a sidewalk vendor permit from the City of Suisun City.

"City" means City of Suisun City, California.

"Director" means the director of development services of the City of Suisun City, or his or her designee(s).

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

"School" means any public, charter, or private school serving children between kindergarten and high school.

"Sidewalk" means the area of the public right-of-way which is designated or ordinarily used for pedestrian travel, and including also any paved or unpaved land within the right-of-way adjacent to any public street or highway. Sidewalk also includes other pedestrian paths located on public property.

"Sidewalk vending unit" means a facility for the sale of food and/or merchandise that operates from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.

"Sidewalk vendor" means a person who sells 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. A sidewalk vendor includes a compact mobile food operation that has 25 square feet or less of display area and sells only prepackaged, non-potentially hazardous foods or whole produce.

"Stationary sidewalk vendor" means a sidewalk vendor who remains in a single location for the purpose of vending for more than six consecutive hours within a 24-hour period.

"Vend" or "vending" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish or pay a fee before providing food or merchandise, even if characterized as a donation.

"Vendor" means a person, individual, firm, co-partnership, joint venture, association, corporation, or any other group or combination acting as an entity, that sells, offers for sale, solicits for purchase, or exposes or displays for sale, any food, beverage or merchandise, or to require someone to negotiate or establish to pay a fee before providing food, beverages or merchandise, even if characterized as a donation.

(Ord. No. 826, § 1, 4-28-2026)

A. Except as may be allowed by a previously granted license or by any ordinance or resolution establishing and regulating a street market or farmer's market in the city, or as permitted for a limited period by a special event permit, it shall be unlawful for any vendor to operate as a sidewalk vendor in the city jurisdiction without first obtaining a sidewalk vending permit as specified in this chapter.

B. A vendor desiring to engage in sidewalk vending in the city shall first file an application for a sidewalk vendor permit pursuant to procedures established in this chapter.

C. A separate sidewalk vendor permit shall be required for each sidewalk vendor.

D. The individual, group, or legal entity desiring to engage in sidewalk vending shall obtain and maintain all required permits from the City of Suisun City, Solano County Health Department, and other regulatory agencies, including, but not limited to, the city's building division, planning division, and/or fire department permits.

E. A violation of this chapter may result in the suspension or revocation of a sidewalk vendor permit and civil penalties.

(Ord. No. 826, § 1, 4-28-2026)

Application for a sidewalk vendor permit shall be made by the sidewalk vendor, or his or her authorized agent, on a form prescribed by the director.

Each application for a sidewalk vending permit shall include:

A. Name, current address, telephone number, and copy of a photo ID of the applicant.

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

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

D. A non-refundable application fee.

E. If the proposed location is on private property, written consent in a form approved by the city from the property owner (if other than self) permitting the sidewalk vendor to locate on the property.

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

G. If the sidewalk vendor is stationary:

1. A map or illustration, showing:

a. The proposed location(s);

b. The address and assessor's parcel number of the subject or nearest parcel, and/or specific section of the public right-of-way; and

c. The two nearest street intersections.

2. A site plan for each proposed location, containing:

a. If on a parcel, the location and dimensions of all proposed sidewalk vending units, any public seating or other site amenities (including chairs and tables), buildings or other structures on site, paved areas, driveways, trash receptacles, garages, parking spaces, maneuvering aisles, and pavement striping.

b. If in the public right-of-way, location and dimensions of the proposed sidewalk vending unit, sidewalks, curb cuts, trash receptacles, and obstructions such as parking meters, telecommunication boxes, street trees, and light poles.

3. The proposed schedule for the sidewalk vending operation, including dates, and starting and ending times of the vending period.

H. Photographs of the site(s) and sidewalk vendor unit.

I. A description of the sidewalk vending unit, including the square footage of any display area for food or merchandise.

J. A copy of applicant's valid and current City of Suisun City business license.

K. A California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code, if any.

L. Proof of liability insurance in the amount and subject to the terms on file with the city's risk manager. The city's risk manager shall promulgate provisions regarding insurance requirements for sidewalk vendors and shall be in an amount which is determined to be sufficient to adequately protect the city, persons, and property for injuries or damages which may be caused by activity under this chapter. Such insurance shall name as additional insured the City of Suisun City, its officers, agents, and employees, and shall further provide that the policy shall not terminate or be canceled without 30 calendar days' advance written notice to the City of Suisun City.

M. Any other reasonable information regarding time, place, and manner of the sidewalk vendor permit that the director requires to evaluate the proposal.

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

(Ord. No. 826, § 1, 4-28-2026)

A. Initial sidewalk vendor permits shall be valid until December 31 of the current year.

B. Permits shall be renewed on an annual basis. The city shall send notice to the permittee. The permittee shall submit the renewal annually, prior to the permit's expiration date. A permittee may continue operations while an application for renewal is pending with the city. All renewal applications shall be filed with the finance department.

C. Applications for renewals shall include all submittal materials as required at initial application, updated as necessary, proof of continuing compliance with applicable regulations, and payment of the non-refundable renewal fee. Renewal permits shall be valid for a one-year period beginning January 1.

(Ord. No. 826, § 1, 4-28-2026)

A. A sidewalk vendor permit cannot be transferred or conveyed from the permittee of record or otherwise assigned to another person.

B. If a sidewalk vendor transfers its sidewalk vending business assets, the recipient of the assets shall, before operating, apply for and obtain a new sidewalk vendor permit from the city.

(Ord. No. 826, § 1, 4-28-2026)

Sidewalk vendors shall comply with the following standards and conditions:

A. Appearance and Condition of the Sidewalk Vending Unit.

1. All sidewalk vending units shall clearly display a current city business license, and city sidewalk vending permit in plain view and at all times.

2. Aside from the signage required by subsection A, no more than three signs shall be attached to any sidewalk vending unit, with a maximum aggregate display surface of 30 square feet of signage per sidewalk vending unit.

3. The regular permitted hours of operation for all sidewalk vendors are 5:00 a.m. to 10:00 p.m. daily, except Fridays and Saturdays the permitted hours of operation are 5:00 a.m. to 12:00 a.m.

B. Utilities. Sidewalk vending units shall either be entirely self-sufficient in regard to gas, electricity, water, and telecommunications, or shall be required to apply for appropriate permits for any utility hook-ups or connections to on-site utilities to ensure building and public safety and consistency with applicable building codes.

C. Refuse, Trash, and Litter Maintenance.

1. The sidewalk vendor shall not throw, deposit, discharge, leave, or permit to be thrown, deposited, discharged, or left, any fat, oil, grease, refuse, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, gutter, storm drain, inlet, catch basin, conduit or other drainage structure, or upon any public or private lot of land in the city.

2. Stationary sidewalk vendors shall maintain the subject site and adjacent public right-of-way free of litter on and within 100 feet radius of their site.

3. Sidewalk vendors shall carry a waste disposal bag or container to permit the disposal of trash.

4. At a minimum, all refuse from a sidewalk vending operation shall be removed and properly disposed of after each vending period.

5. Failure to adequately clean up after a sidewalk vending operation date shall be grounds for denying an applicant's request for permit renewal.

D. Performance standards.

1. Noise levels from the sidewalk vending units shall not exceed the city's noise ordinance standards. Vendors should use low-noise emission generators, if applicable.

2. Noise and odors from sidewalk vending units shall be contained within the immediate area of the permitted sidewalk vending location.

3. The sidewalk vending unit shall not obstruct pedestrian or vehicular traffic.

4. The sidewalk vendor shall maintain site circulation for pedestrians and access consistent with the Americans with Disabilities Act (ADA).

E. Security.

1. The site shall be maintained in a safe and clean manner at all times.

2. Sidewalk vending units shall have adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.

F. Seating, Chairs and Tables for Stationary Sidewalk Vendors. Depending on site size, configuration and location, a plan for site amenities, including, but not limited to, tables and chairs, portable restroom facilities, and/or temporary shade structures, may be permitted in conjunction with the operation of a sidewalk vending site. A site plan depicting the proposed location of any site amenities shall be submitted for review and approval in conjunction with a sidewalk vendor permit application.

G. Other Requirements.

1. Sidewalk vending units shall be maintained in operating condition at all times and shall be movable at all times.

2. No sidewalk vending unit shall become a permanent fixture on the site or be considered an improvement to real property.

3. Proof of liability insurance in the amount required by the city shall be maintained by the sidewalk vendor.

4. The posting of the sidewalk vending permit at the site is required at all times.

5. The sidewalk vendor shall have a working telephone where the sidewalk vendor can be reached directly at all times during vending.

6. The sale or soliciting the sale of any alcoholic beverages or controlled substances from any sidewalk vending unit is strictly prohibited.

7. The sidewalk vendor shall comply with all applicable state and local laws, including, without limitation, all traffic and parking laws.

(Ord. No. 826, § 1, 4-28-2026)

Sidewalk vendors shall be subject to the following location requirements:

A. Vending in the street portion of a public right-of-way is restricted. The director is authorized to adopt a sidewalk vending permitted area map and make amendments or correct administrative errors to such map. The director is also authorized to adopt any additional location requirements in addition to the requirements described in this chapter.

B. A location for a sidewalk vendor shall not be permitted:

1. One hundred feet from another sidewalk vendor, unless permitted to operate at designated street public right-of-way, or are permitted to operate on different days of the week from the same location.

2. Within 1,000 feet from the parcel boundary of a school serving children between kindergarten and high school between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday.

C. Sidewalk vendors shall not block or impede access to:

1. Required parking or driveways;

2. Bicycle racks;

3. Signal crossings;

4. Required off-street parking;

5. Parking meters;

6. Pedestrian or bicycle routes;

7. Emergency vehicle routes;

8. Building entrances and exits;

9. Required accessibility routes and curb cuts;

10. Easements;

11. Trash enclosure areas or access to trash bins/trash enclosures; or

12. Other city facilities, as determined by the director.

D. Sidewalk vendors shall maintain site circulation and access consistent with the Americans with Disabilities Act (ADA).

(Ord. No. 826, § 1, 4-28-2026)

A. The director shall approve, approve with conditions, or deny a sidewalk vendor permit application based on the standards and criteria set forth in this chapter and/or, if any, in the administrative guidelines. The director may impose conditions of approval on a sidewalk vendor permit in the exercise of his or her reasonable discretion. The applicant shall be notified of any conditions of approval in writing.

B. The director may deny, suspend or revoke a permit issued under this chapter. A permit may be denied, suspended or revoked for any of the following reasons:

1. Fraud, misrepresentation or a false statement contained in the application for a permit.

2. Fraud, misrepresentation or a false statement made in connection with the selling of food or merchandise.

3. Repeated failure to address pollutant discharge(s), including, but not limited to, wash water discharge, fuel, detergents, tire dressings, foams, or any other chemicals.

4. Violating any of the operating standards required under this chapter.

5. Violating any of the permit conditions imposed by this chapter.

6. Causing a public nuisance or causing an unlawful or criminal activity to occur during a sidewalk vending operation; or any other violation of this chapter.

C. Any person who has been notified regarding the denial of their sidewalk vendor permit application or the possible suspension or revocation of their sidewalk vendor permit may appeal the decision pursuant to Section 5.34.120 of this Code.

D. When circumstances demonstrate that continued operation by a sidewalk vendor poses an imminent threat to the public's health and safety, the city may immediately suspend or revoke a sidewalk vendor permit. The sidewalk vendor may request a hearing pursuant to Section 5.34.120 of this Code.

E. It is unlawful for a sidewalk vendor whose permit has been suspended or revoked to continue to operate. If the city suspends or revokes a permit, the sidewalk vendor shall immediately cease all vending operations.

F. A sidewalk vendor aggrieved by an order issued by the director may appeal the order to state district court.

(Ord. No. 826, § 1, 4-28-2026)

A. A sidewalk vendor who is issued a citation in violation of this section shall be subject to the following fines:

1. Vending which violates a requirement of this section, other than failure to possess a valid sidewalk vendor permit;

2. Vending without a valid sidewalk vendor permit;

3. A violation occurring after 12 consecutive months with no violation shall be considered a first violation.

4. The administrative fines listed in this Subsection 5.34.110(A)(2) shall be reduced from $250.00 to $100.00, $500.00 to $150.00, and $1,000.00 to $200.00 upon obtaining a sidewalk vendor permit from the director within ten calendar days of the citation issuance.

B. Additional fines, fees, assessments, or any other financial conditions beyond those authorized by this section shall not be assessed. A violation of this chapter shall not be punishable as an infraction or misdemeanor.

C. When assessing an administrative fine pursuant to this chapter, the director shall take into consideration the person's ability to pay the fine. The director shall provide the person with notice of their right to request an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgement 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 subdivision (a) or (b) of Section 68632 of the California Government Code, the director shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this chapter.

2. The director 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.

3. The director may request adequate documentation, including, but not limited to, a sworn statement from the sidewalk vendor, when an ability-to-pay determination is requested. If the requested documents are not provided to the director, the director may make a finding that the person does not qualify for an ability-to-pay determination.

4. The director shall provide written notice of their determination to the individual. Such notice must include a statement advising the individual of their right to request an appeal hearing pursuant to Section 5.34.120.

(Ord. No. 826, § 1, 4-28-2026)

A. Any person aggrieved by any determination of the director with respect to a permit or license, administrative fine, violation alleged, condition imposed, suspension or revocation, or the director's determination on ability-to-pay pursuant to this chapter, may appeal to the city manager by filing a written appeal with the city manager within 15 calendar days of issuance of the citation or notice of the action or decision. Failure to timely request a hearing constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.

B. Upon receipt of such appeal by the city manager, the city manager shall set a date for hearing. A hearing shall be set for a date that is not less than 15 days and not more than 60 days from the date of the filing of the request for hearing.

C. At the hearing, the appellant 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.

D. After the hearing, the city manager shall affirm, modify, or revise the original decision or administrative fine, and shall notify the appellant of such decision. The decision of the city manager shall be final.

E. All fines owed after the city manager's decision are due within 30 days of issuance of the decision. The city may use all remedies available to collect any unpaid fee.

(Ord. No. 826, § 1, 4-28-2026)

A. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this chapter shall not become the personal liability of any public officer or employee of the city.

B. To the maximum extent permitted by law, the licensee under this chapter shall defend (with counsel acceptable to the city), indemnify and hold harmless the city, the city council, the city planning commission, and their respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called "city") from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings or judgment (including legal costs, attorneys' fees, expert witness or consultant fees, city attorney or staff time, expenses or costs) (collectively called "action") against the city to attack, set aside, void or annul, any food vending-related approvals and actions or implementation of such approvals and actions, including conditions of approval, if any. The city may elect, in its sole discretion, to participate in the defense of said action and the licensee shall reimburse the city for its reasonable legal costs and attorneys' fees.

C. Within ten calendar days of the service of the pleadings upon the city of any action as specified in Subsection B above, the licensee shall execute a letter of agreement with the city, acceptable to the city attorney, which memorializes the above obligations. These obligations and the letter of agreement shall survive termination, extinguishment or invalidation of the vending-related approval. Failure to timely execute the letter of agreement does not relieve the licensee of any of the obligations contained in this section or any other requirements or performance or operating standards that may be imposed by the city.

(Ord. No. 826, § 1, 4-28-2026)