Chapter 10.58 — SIDEWALK VENDING AND STATIONARY MOBILE VENDORS

The primary purpose of this chapter is to apply reasonable standards for the outside sale of food and merchandise and to protect pedestrian and vehicle circulation. In addition, standards based on the health, safety, and welfare of the general public are significant issues to be addressed in the issuance of a vending permit. Access to and use of the public sidewalks for vending and selling of merchandise, which does not unduly interfere with the pedestrian traffic, promotes the public interest by contributing to an attractive pedestrian environment and increasing sales activities within the City of Tulare. Nothing in this chapter shall prevent the lawful operation of itinerant vending when associated with special civic events such as the County Fair and downtown events such as a farmers market. (Ord. 2025-01, passed 1-7-2025)

For purposes of this chapter, the following words and phrases shall have the meaning as set forth herein below: CITY BUSINESS LICENSE. A business license as is required by Tulare Municipal Code § 5.04.070. Sidewalk vendors are required to obtain both a business license and a sidewalk vendor permit to operate.

PERMITTED SPECIAL EVENT. An event, whether annual or one-time, that has an approved special event permit issued by the office of the City Clerk, or granted approval by the Director of Community Services or Director of Community Development. Such events can include but are not limited to downtown civic events and events held at the Tulare County Fairgrounds or International Agri-Center.

PRIVATE SIDEWALKS or PRIVATE YARDS. Refers to private property suitable for stationary vending stands which is not encumbered by parking spaces, driveways, vehicular pathways, landscape areas, and building sites. PUBLIC SIDEWALK. Areas or properties owned or held by the City of Tulare that are open to the general public for pedestrian travel.

ROAMING SIDEWALK VENDOR. A sidewalk vendor who moves from place to place and stops only to complete a transaction. A roaming sidewalk vendor does not include a peddler or solicitor who makes uninvited entry onto private property for the purpose of selling goods or services or requesting/collecting donations.

SIDEWALK VENDOR. A person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance or from one person upon a public sidewalk or other pedestrian path. As described in this chapter, sidewalk vendors can be classified as roaming vendors or stationary vendors.

SIDEWALK VENDOR PERMIT. The permit issued by the City of Tulare under this chapter and required for a sidewalk vendor to operate within the city limits. This type of permit is not the same permit required for door-to-door peddlers/solicitors that are permitted/licensed under separate provisions of the Tulare Municipal Code, nor the same type of permit for stationary mobile vendors, which require a conditional use permit. Sidewalk vendors are required to obtain both a City of Tulare business license and a sidewalk vendor permit to operate. For stationary sidewalk vendors, the permit shall describe the specific site location used by the stationary sidewalk vendor, what the stationary sidewalk vendor will be placed in the public right-of-way, the area the stationary sidewalk vendor is required to keep free from debris and trash, and an acknowledgment by the stationary sidewalk vendor that they are subject to closure if the city requires the use of the space for a municipal purpose.

SPECIAL EVENT. A parade, march, procession, pageant, review, ceremony, festival, assembly, or exhibition consisting of persons, animals, or vehicles, or a combination thereof which is conducted in, or would impact, any

portion of any city street, sidewalk, alley, or other public right-of-way, or other property owned or controlled by the city that required or involved the issuance of a permit for such usage by the city.

STATIONARY CART or VENDOR STAND. Equipment used for vending that has no motorized wheels and is not otherwise mobile once it has been transported and is set in a location for vending. This includes any table, bench, rack, hand cart, or push cart. The term stationary does not include trailers that are pulled by a motorized vehicle and licensed by the Department of Motor Vehicles; this type of equipment shall be considered a stationary mobile vendor. STATIONARY MOBILE VENDOR. Soliciting, displaying, or offering produce, fruits, vegetables, prepared food, pre-packaged food, or non-food sundries of any kind for sale or barter or exchange from a mobile vending vehicle on private property within the City of Tulare and includes the standing of a mobile vending vehicle or trailer for the purpose of obtaining or soliciting retail sales of produce, fruits, vegetables, prepared food, pre-packaged food or nonfood sundries, including, but not limited to, goods, wares, or merchandise.

STATIONARY SIDEWALK VENDOR. A sidewalk vendor who vends from a fixed location. This does not include restaurants or businesses at fixed locations that, pursuant to applicable rules and regulations for food safety and rightof-way encroachment, set up temporary outdoor sales at their locations.

VENDOR. An individual, including any employee or agent of a group of individuals, partnership, non-profit organization, or corporation, who sells or offers to sell food, beverages, goods, or merchandise from a stationary vendor stand on any public sidewalk or private sidewalk open to the public. (Ord. 2025-01, passed 1-7-2025)

It shall be unlawful, and no vendor shall offer for sale, or sell from any stationary vendor stand located on a public sidewalk, park, or private sidewalk/yard open to public use, or from their person if they are a roaming sidewalk vendor, any merchandise, food or beverage without first obtaining a sidewalk vendor stand permit in addition to a city business license, and in the case of a stationary mobile vendor, a conditional use permit. If a vendor intends to sell food, the vendor must obtain all applicable licenses required to safely sell and serve food as required by state and local law.

(Ord. 2025-01, passed 1-7-2025)

Vending on private sidewalks or yards shall be permitted, subject to the limitations of this chapter and subject to the submittal to the Community Development Department of written authorization by the property owner. Vending shall not be allowed on any required parking spaces or required landscaping and may not interfere with the safe movement of pedestrians and motor vehicles.

(Ord. 2025-01, passed 1-7-2025)

The following requirements apply to both stationary and roaming sidewalk vendors:

(A) Sidewalk vending is prohibited within 1,000 feet of any special event that is operating pursuant to a permit issued by the City of Tulare. This prohibition shall only be in effect during the duration of the special event permit and does not apply to sidewalk vendors that are selling food or merchandise with the permission of the special event applicant and are specified as part of the special event permit. The special event applicant must provide the city with the locations of the stationary sidewalk vendors and the routes of roaming sidewalk vendors that will be permitted by the special event applicant prior to the issuance of a special event permit. Roaming sidewalk vendors during special

events must carry a copy of the permission from the special event applicant with them at all times during the special event.

(B) Sidewalk vending is prohibited within 1,000 feet from the exterior boundary of any property used or occupied by any high school, middle school, or elementary school for the period of one hour before the school is in session, while the school is in session, and one hour after the school day ends. This provision does not apply if the vendor is present at the invitation of the school.

(C) Sidewalk vending on trails or parkways that are operated by the City of Tulare for pedestrian/bicycle usage is prohibited in order to ensure the public's use and enjoyment of the natural resources and recreational opportunities provided by these trails. In addition, prohibiting sidewalk vending on these trails would ensure that the health, safety, and welfare of the general public using the trails is not compromised due to obstruction and interference of sidewalk vendors with walking, jogging, and cycling activities on these active use trails.

(D) Recognizing that many non-profit recreational leagues operate concession stands as primary fundraising for such leagues, which provide recreational opportunities to the public, sidewalk vendors, roaming or stationary, are prohibited within 1,000 feet of any events put on by non-profit recreational leagues that are operating concession stands as fundraising sources.

(E) Sidewalk vendors must, at all times during operations on a public sidewalk or pedestrian path, maintain a minimum width of five feet of unobstructed sidewalk for pedestrian traffic and must also meet all other requirements for pedestrian travel that are required pursuant to the Americans with Disabilities Act or other access standards for persons with disabilities.

(1) In places where the sidewalk is less than five feet wide, sidewalk vending stands shall be not less than four consecutive feet of sidewalk width to every point from said stationary vendor stand, which is clear and unimpeded for pedestrian traffic.

(2) Sidewalk vendors may not be located within five feet of any pedestrian ramps, driveways, and trash cans within the public right-of-way, drinking fountains, push buttons for traffic signals, or another right-of-way element that requires pedestrian access. If lines of customers block or interfere with any pedestrian ramps, driveways, trash cans within the public right-of-way, drinking fountains, push buttons for traffic signals, bus stops, or another right-ofway element that requires pedestrian access, then the sidewalk vendor must relocate to another sidewalk location to avoid such interference. This rule is to provide adequate space for disability access within the public right-of-way. This rule shall not apply to roaming sidewalk vendors making a sale to a bona fide purchaser during the allotted time period, although the vendor shall make all reasonable efforts to comply with requests from pedestrians to move out of the way as soon as possible and not obstruct the sidewalk. Failure by a sidewalk vendor to move or cease business when they are not providing the minimum width of unobstructed sidewalk for pedestrian traffic shall be deemed a violation of this chapter.

(3) In areas where the street contains striped diagonal or vertical parking stalls (not including spaces that are parallel with a sidewalk), sidewalk vendors must maintain a minimum width of five feet of unobstructed sidewalk from the curb to allow for persons or passengers exiting or entering the vehicles parked in such stalls sufficient space for directly accessing the sidewalk from the vehicle and not be required to travel in the street to reach the sidewalk. (F) Sidewalk vending is prohibited within ten feet from entrances of businesses and bus stops to prevent obstructing access and to allow pedestrians adequate space in the public right-of-way to reach destinations.

(G) The City Council may, by resolution adopted during a public meeting, prohibit sidewalk vending in specific areas within the city limits upon a finding that sidewalk vending should be prohibited in such areas due to health, safety, or welfare concerns. Such findings may include but are not limited to, situations involving areas with both substantial vehicle traffic and substantial pedestrian traffic in locations presenting risks of pedestrians improperly

crossing streets or entering the street when sidewalks are blocked. If any such resolutions are adopted, then the locations of prohibited vending shall be indicated and provided to sidewalk vendor permit applicants.

(H) Sidewalk vendors must maintain sanitary conditions and carry a trash container so customers can deposit waste from sold merchandise or wrappers.

(I) Hours of sidewalk vending shall be the same as those of other businesses operating in the vending area. For sidewalk vendors operating in a park, then the hours shall be the same hours of operation as the park.

(J) Sidewalk vendors are prohibited from operating within streets, medians, crosswalks (although roaming vendors may cross in such areas as other pedestrians), or other areas that are marked closed to pedestrian traffic.

(K) If any type of food or beverage is displayed and/or sold from a stationary vendor stand, the vendor shall have and prominently display any and all valid permits required by the Tulare County Health Department. The revision or expiration of any such required County Health Department permit, or the failure to obtain such a permit within 90 days of the date on which the county commences issuing such permits, shall result in the automatic suspension of the sidewalk vendor permit or use permit issued by the city pursuant to this chapter; in addition, the approved permit must be readily available for inspection by law enforcement or code enforcement officials.

(L) The sidewalk vendor permit issued by the city shall be prominently affixed to the side of the stationary vendor stand which faces inward toward the sidewalk.

(M) No vendor shall use any signs in connection with the sale, display, or offering for sale of items, except for those signs which are affixed to or painted on the sides or canopy of the stationary vendor stand and one sandwich sign located on private property, not exceeding four square feet per sign face.

(N) No vendor shall use any noise-making device in connection with the sale, display, or offering for sale of items.

(O) Sidewalk vendors are subject to all other applicable rules, regulations, and ordinances.

(Ord. 2025-01, passed 1-7-2025)

In addition to the rules applicable to all sidewalk vendors, the following rules shall specifically apply to roaming sidewalk vendors:

(A) Roaming sidewalk vendors shall remain mobile and may not stand or park at any specific location or place for more than ten minutes unless the vendor is otherwise stopped as necessary to complete a transaction(s) at the request of a bona fide purchaser(s) that approached the roaming vendor while stopped.

(B) Roaming sidewalk vendors are not permitted to knock on the doors of homes or businesses to vend under a sidewalk vendor permit. Such attempts at peddling or soliciting shall be considered door-to-door sales and require a separate type of permit under the Tulare Municipal Code Chapter 5.24.

(C) Sidewalk vendor permits issued by the City of Tulare only allow for vending on publicly owned rights-of-way, as limited by this chapter. Roaming sidewalk vendors are not permitted on private property without the permission of the property owner and must meet all underlying zoning requirements to operate on private property.

(D) Roaming sidewalk vendors are permitted in areas zoned exclusively for residential use, but hours of operations are limited to between the hours of 9:00 a.m. and one hour prior to sunset or 7:00 p.m., whichever is earlier.

(E) In order to ensure the health, safety, and welfare of pedestrians, mobile carts used by roaming sidewalk vendors are not permitted to be utilized as a cooktop for food preparation when the food being prepared requires the cooking or heating of food in order for it to be consumed.

(Ord. 2025-01, passed 1-7-2025)

In addition to the rules applicable to all sidewalk vendors in § 10.58.050, the following rules shall specifically apply to stationary sidewalk vendors and stationary mobile vendors:

(A) All stationary vendor stands and stationary mobile vending units shall have refuse receptacles large enough to contain all refuse generated by the operation. The operator shall pick up all refuse generated by such operation within a 50-foot radius at the close of the day's operation, and all refuse shall be disposed of at an approved solid waste facility.

(B) No vehicle or stationary vendor stand used for stationary sidewalk vending or stationary mobile vending shall remain on public property during non-operating hours. Overnight parking of mobile vending vehicles on a public street, alley, or private property that does not meet the definition of a commissary in accordance with the California Retail Food Code (Cal. Code) is prohibited. Hours of operation for all stationary vendor stands, or stationary, mobile vending shall be limited to the hours of operation of the business located on the property from which they operate.

(C) Vending shall not be allowed on any required parking spaces or private driveways.

(D) Vendors shall not remove, destroy, or interfere with any required on-site landscaping.

(E) Vending may only occur on paved surfaces.

(F) For stationary, mobile vendors, restroom facilities with running water that are connected to the city's wastewater system shall be readily available during hours of operation.

(G) Stationary mobile vendors shall maintain 500 feet of separation between businesses possessing an on-sale ABC license.

(H) Stationary mobile vendors shall maintain 300 feet of separation from an adjacent stationary mobile vendor. (Ord. 2025-01, passed 1-7-2025)

(A) Stationary sidewalk vendors. Applicants for a sidewalk vendor permit shall submit a written application to the Community Development Director on a city form. The application shall be accompanied by a fee, based on the costs of the application and set by the City Council in resolution. All sidewalk vendor applicants must submit the sidewalk vendor permit application, and copies of insurance certificates, listing the City of Tulare as additional insured that meets the same insurance requirements for encroachment permits to operate within the City of Tulare public right-ofway. The vendor encroachment permit is part of the vendor permit issued to sidewalk vendors and is not a separate permit, and shall include a proposed site plan showing the planned location and what will be utilized by the stationary vendor in the public right-of-way as the stationary cart/stand. The city may reject stationary vendor site plans that do not allow adequate space for pedestrian access. Stationary sidewalk vendors must acknowledge that they are not permitted to permanently install anything within the public right-of-way and that they do not have permanent rights to utilize public property and are subject to temporary or permanent closure if the city requires the use of the right-ofway for a municipal purpose, which includes but is not limited to usage of the space by persons holding valid rights under franchises, or if another permitted use, other than another sidewalk vendor, requires the space on a temporary basis. Any stationary vendor seeking to utilize park property will also be subject to review by the City Services Director, or that person's designee. Vendor permit applications on park property are subject to denial if the proposed location would interfere with the public's use and enjoyment of natural resources or recreational opportunities, such as blocking equipment, sports fields, or walkways. Vendor permit applications on park property may also be denied if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, including negatively impacting the public welfare of park users. The Community Development Director, or his or her designee, and the City Engineer, or his or her designee, shall review the application and the proposed site plan prior to issuance and may require modifications of specific site proposals to meet objective health, safety, or public welfare concerns. A permit shall be granted if it is determined that: the

proposed display and sale and proposed location will not significantly interfere with the pedestrian traffic or otherwise constitute a health and safety risk.

(B) Stationary mobile vending. Where a person desires to have a stationary mobile vending unit, the applicant shall obtain a conditional use permit pursuant to Chapter 10.80.

(C) Roaming sidewalk vendor. In addition to the permit process applicable to stationary sidewalk vendors in § 10.58.080(A), applicants intending to be roaming sidewalk vendors shall include the proposed areas of the city where the vendor intends to operate. Roaming sidewalk vendors are not permitted on private property without the written permission of the property owner. Roaming vendors seeking to utilize park property will also be subject to review by the City Services Director or that person's designee, and vending in certain parks or park locations may be denied or restricted, including limiting the total number of roaming vendors allowed in a specific park, if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, including negatively impacting the public welfare of park users.

(Ord. 2025-01, passed 1-7-2025)

(A) Sidewalk vendor permits are an interruptible or terminable privilege. The city shall have the right and power, through the City Manager or his or her designee, to prohibit the operation of a stationary vendor stand at any time because of anticipated or actual problems or conflicts in the use of a public area. Such problems and conflicts may arise from but are not limited to, scheduled festivals and similar events, parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area.

(B) (1)No sidewalk vendor permits shall be issued for any location:

• (a) Owned by the city other than the pedestrian right-of-way.

(b) The area east of the Union Pacific Railroad, west of O Street, north of (and including) Inyo Avenue, and south of (and including) the parcels north of Cross Avenue due to an increased and significant risk of pedestrian and vehicular traffic conflicts in order to preserve public health, safety, and welfare.

(2) This shall not apply to any city-approved events in these areas or to businesses that have obtained an outside display and sale of merchandise permit under § 10.60.180.

(Ord. 2025-01, passed 1-7-2025)

No permit shall be issued unless the applicant furnishes proof to the city of a public liability bond or insurance policy in an amount not less than $1,000,000 for property damages and injury, including injury resulting in death, caused by the operation of the vending business. The said insurance bond shall name the City of Tulare and its employees, officers, and agents as additional insureds.

(Ord. 2025-01, passed 1-7-2025)

A sidewalk vendor permit may be revoked by the City Council, following written notice to the permittee, if one or more of the conditions of the permit or of this chapter have been violated or if the stationary sidewalk vendor stand is being operated in a manner which constitutes a nuisance, or unduly impedes or restricts the movements of pedestrians. Following revocation, the former permit holder shall not be eligible to file for a new permit application for a period of six months.

(Ord. 2025-01, passed 1-7-2025)

An applicant or any other interested party may appeal the granting, denial, or revocation of a permit application. Such an appeal may be made in writing within ten days of the decision and shall be filed with the City Council. The Council shall hold a public hearing on any such appeal.

(Ord. 2025-01, passed 1-7-2025)

A sidewalk vendor permit is valid for a period of one year from the date of issuance and must be renewed every year. Where a conditional use permit is issued, such permit may be time-limited to require renewal. (Ord. 2025-01, passed 1-7-2025)

The Community Development Director, his or her designee, or any other person authorized by the City Manager, shall be authorized to enforce the provisions of this chapter and to take such actions as may be necessary to ensure compliance with the regulations, general provisions, and conditions opposed upon any permit issued pursuant to this chapter.

(Ord. 2025-01, passed 1-7-2025)

Violations of this chapter are not punishable as an infraction or misdemeanor and persons alleged to violate this chapter shall not be subject to arrest. This section does not prevent code enforcement personnel from taking immediate action, such as seizing items, to abate unsafe and dangerous conditions to the public, which include but are not limited to vendors selling food without proper licensing, and subject to enforcement pursuant to § 1.61.030 Administrative Citation.

(Ord. 2025-01, passed 1-7-2025)

The provisions of this chapter are declared to be severable and if any section, sentence, clause, or phrase of this chapter shall for any reason be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stay and notwithstanding the validity of any part. (Ord. 2025-01, passed 1-7-2025)