Temple City Municipal Code Ch. 12 Sidewalk Vending

The following definitions apply to this chapter:

A. The department is authorized to issue sidewalk vending licenses and vending cart permits in accordance with this chapter.

B. The director is authorized to develop, and enforce, this chapter and any rules and regulations regarding the licensing, permitting, and operation of sidewalk vending, that are adopted in accordance with this chapter. (Ord. 19-1035)

No sidewalk vendor may vend or operate anywhere within the City without first obtaining a sidewalk vending license. Sidewalk vendors must comply with the terms and conditions set forth in the sidewalk vending license. (Ord. 19-1035)

No cart may be used for sidewalk vending anywhere within the City without first obtaining a sidewalk vending cart permit for such cart. (Ord. 19-1035)

A. To obtain or to renew a sidewalk vending license or vending cart 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, or any other government-issued identification card.

2. The name, address and telephone number of the sidewalk vendor;

3. Proposed hours or days of operation;

4. Whether the sidewalk vendor intends to operate a stationary vending cart or a roaming vending cart;

• 5. Proposed location of operation;
• 6. The type of merchandise or food offered for sale or exchange;
• 7. Proof of a valid City business license;

8. Proof of liability insurance and a signed indemnification in favor of the City, in an amount not less: than one million dollars ($1,000,000.00) for property damage and injuries, including injury resulting in death, caused by the operation of the vending business;

9. The application or renewal fee;

10. A valid California Department of Tax and Fee Administration seller's permit and any additional licenses from state or local agencies to the extent required by law;

11. A permit from the Health Department for food-related vending, if applicable;

12. A certificate of completion of a food handler course and present a copy of the course completion certificate, if applicable;

13. A declaration that the information provided to the City is true and correct; and

14. Any other information, including operations-related information, as may be required by the director.

B. Vending licenses and vending cart permits will expire on December 31 of the year issued.

C. Vending licenses and vending cart permits are not transferable.

D. A person whose vending license and vending cart permit is revoked may not renew their vending license and vending cart permit for one (1) year. (Ord. 19-1035)

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 cart permit and all other required permits that are issued by other public agencies such as a health department permit.

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

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

E. No vending cart, condiment table or trash receptacle may be left on the sidewalk after a stationary sidewalk vendor's stated closing time.

F. A stationary sidewalk vendor must maintain a clean and trash-free ten foot (10') radius from a stationary cart during hours of operation and must leave the area clean by the approved closing time.

G. 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 located on any block for use by the general public.

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

I. Vendors must comply with all applicable federal, state, and local laws, regulations, and ordinances.

J. No signs that are not attached to the vending cart may be used or displayed.

K. No sidewalk vendor or vending 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. (Ord. 19-1035)

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. (Ord. 19-1035)

A. No sidewalk vendor may place or leave any vending cart:

• 1. Within five feet (5') of a marked crosswalk.
• 2. Within five feet (5') of the curb return of an unmarked crosswalk.
• 3. Within five feet (5') of any fire hydrant.

4. Within five feet (5') ahead and forty five feet (45') to the rear of a sign designating a bus stop.

• 5. Within a marked bus zone.
• 6. Within ten feet (10') of a bench or shelter used for public transit.
• 7. Within five feet (5') of a driveway or driveway apron.
• 8. Within eighteen inches (18") from the edge of the curb.

9. Where placement impedes the flow of vehicular traffic such as on public streets or public highways.

10. Within three hundred feet (300') of the nearest property line of any property on which a public or private school building is located.

B. No vending cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended.

C. No vending cart may impede the flow of pedestrian traffic by reducing the path of travel to less than four feet (4'), or impede access to or restrict the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).

D. Notwithstanding any prohibitions in this section, no sidewalk vendor may install, use or maintain a cart where placement endangers the safety of persons or property. (Ord. 19-1035)

A. No sidewalk vending is allowed within three hundred feet (300') of a permitted event during the duration or operating hours of such an event. For purposes of this section, the term "permitted events" means certified farmers' markets, swap meets, and any event that requires an encroachment permit, special event permit, or temporary event permits to allow the permit-holder the temporary use of or encroachment on the sidewalk or other public area.

B. The City Manager or their designee may issue 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. (Ord. 19-1035)

Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative enforcement process including citations as follows:

A. For vending without a valid vending license or vending cart permit:

1. An administrative fine of two hundred fifty dollars ($250.00) for a first violation.

2. An administrative fine of five hundred dollars ($500.00) for a second violation within one (1) year of the first violation.

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

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

B. For all violations of this chapter other than vending without a valid vending license or vending cart permit as outlined in subsection A above:

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

2. An administrative fine of two hundred dollars ($200.00) for a second violation within one (1) year of the first violation.

3. An administrative fine of five hundred dollars ($500.00) for a third violation within one (1) year of the first violation.

4. An administration fine of five hundred dollars ($500.00) for a fourth and each subsequent violation and revocation of the license or 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 Chapter 1-4 of the Temple City Municipal Code 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 percent (20%) 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 51038(f). (Ord. 19-1035)

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 may subsequently dispose of the cart (including any associated merchandise and food) if not claimed by the vendor within thirty (30) days of removal by the City, or if an administrative appeal is filed related to the cart removal, then thirty (30) days after a final decision in the administrative appeal (including the payment of any outstanding administrative fines). (Ord. 19-1035)