Turlock Municipal Code Ch. 5-29 Sidewalk Vendors

(a) Sidewalk vendors shall adhere to all operating conditions and requirements set forth in this chapter, and all restrictions, limitations, and operating requirements set forth in this chapter shall constitute conditions upon any Sidewalk Vending Permit issued pursuant to this chapter.

(b) The conditions, restrictions and operating requirements set forth in this chapter are intended to protect the health and safety of vendors, their patrons, and the general public for reasons, including, but not limited to:

(1) Reducing exposure to pedestrian versus vehicle contact;

(2) Ensuring better visibility of drivers entering or exiting driveways;

(3) Protecting access to public right-of-way by disabled persons to comply with the Americans with Disabilities Act[1];

[1]

Editor's Note: See 42 U.S.C. Section 12101 et seq.

(4) Ensuring safe pedestrian pathways in areas commonly utilized by pedestrians;

(5) Preventing the appearance of "marketplace" vending which is more likely to generate crowding on public sidewalks that would impede pedestrians and disabled use of sidewalks;

(6) Reducing the chance pedestrians will enter vehicular rights-of-way or block the entrance or exit of a business;

(7) Reducing the danger that school children will enter into traffic and be injured or killed trying to reach a vendor;

(8) Reducing unnecessary or unanticipated slowing of vehicles approaching onramps, immediately adjacent to curb and sidewalk, or existing freeway off-ramps where drivers are merging into oncoming traffic, all of which are likely to cause accidents;

(9) Reducing the possibility that drivers will be distracted in their line of site by a Vendor in the way of oncoming traffic;

(10) Causing visual distractions to the driving public;

(11) Cause excessive noise that disturbs the peace;

(12) Eliminating litter, refuse, and food waste from the public right-of-ways; and

(13) Reducing the likelihood of contamination deposited into the City's storm drain system.

(Ord. 1350-CS, 8/27/2026)

(a)

"Certified farmer's market"

means a location operated in accordance with Food and Agricultural Code Division 17, Chapter 10.5, Section 47000 et seq., and any regulations adopted pursuant to that chapter.

(b)

"Food"

means any type of edible substance or beverage intended primarily for consumption by human beings.

(c)

"Immediate vicinity"

means within 500 feet.

(d)

"Median"

means roadway medians and parkway islands.

(e)

"Merchandise"

means small and easily carried or worn items that are not food or drinks, including, but not limited to, souvenirs, toys, articles of clothing, flowers, etc.

(f)

"Public right-of-way"

means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the City that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets.

(g)

"Roaming sidewalk vendor"

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

(h)

"Sidewalk"

means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to the street, including a public pathway provided for the primary use of pedestrians.

(i)

"Sidewalk vendor"

means a person who sells food, drinks or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a sidewalk or other pedestrian path, public right-of-way, public property, or private property where the general public has access to the vendor. "Sidewalk vendor" includes "roaming sidewalk vendor" and "stationary sidewalk vendor."

(j)

"Stationary sidewalk vendor"

means a sidewalk vendor who vends from a fixed location.

(k)

"Temporary special permit"

means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or 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, athletic events, public assemblies, carnivals, festivals, and outdoor concerts.

(l)

"Vend," "vends," "vended" 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.

(m)

"Sidewalk Vending Permit"

means a permit issued by the City of Turlock under this chapter for the purpose of sidewalk vending.

(n)

"Private property"

means any real property not owned, leased, or controlled by a Federal, State, or local governmental agency, including, but not limited to, privately owned parking lots, shopping centers, commercial properties, residential properties, and common areas of private developments, whether or not such property is open to the public. For purposes of this chapter, "private property" does not include public sidewalks, public rights-of-way, parks, or other property owned or controlled by a governmental agency.

(Ord. 1350-CS, 8/27/2026)

(a) No person shall engage in, conduct, or carry on the business of operating as a sidewalk vendor without a Sidewalk Vending Permit issued under the provisions of this chapter.

(b) Every person, prior to engaging in, conducting, or carrying on the business of operating as a sidewalk vendor, shall file an application for a Sidewalk Vending Permit with the City of Turlock, 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 City of Turlock and shall contain, at a minimum, the following:

(1) The legal name, current mailing address and telephone number of the applicant;

(2) If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;

(3) A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a municipal identification number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a State law or State or Federal court order. The application shall not inquire into or collect information about an individual's immigration or citizenship status or place of birth, shall not inquire into or collect information or documentation regarding an individual's criminal history, and shall not require an applicant to submit fingerprints, complete a Live Scan fingerprinting, or submit to a background check as part of an application for a permit for sidewalk vending;

(4) A description of the food and/or merchandise for vending;

(5) A description, map, or drawing of the areas in which the sidewalk vendor proposes to operate;

(6) The dimensions of the vending cart;

(7) The hours per day and the days per week during which the sidewalk vendor proposes to operate, and whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;

(8) A business license pursuant to Turlock Municipal Code Chapter 3-1;

(9) A current valid California seller's permit number pursuant to California Revenue and Taxation Code Section 6067;

(10) Proof of a policy or policies of comprehensive general liability insurance with minimum limits of $1,000,000 per occurrence, combined single limit coverage and $2,000,000 in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the city as an additional insured. In addition, the permittee is required to carry workers' compensation and automobile coverage sufficient to meet requirements of the State of California;

(11) If a vendor of food, the sidewalk vendor must show proof of a California Food Handler Card and a Stanislaus County itinerant vendor permit;

(12) An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the sidewalk vending conduct or activity;

(13) Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and

(14) Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.

(c) Applications for Sidewalk Vending Permits shall be filed a minimum of 30 days prior to the date requested for issuance of the Sidewalk Vending Permit. Renewal Sidewalk Vending Permit applications shall be filed a minimum of 30 days prior to the expiration of any existing Sidewalk Vending Permit.

(Ord. 1350-CS, 8/27/2026)

(a) The City of Turlock shall approve the issuance of a Sidewalk Vending Permit unless it is determined that:

(1) The applicant has failed to satisfy the objective sidewalk vending permit requirements set forth in this chapter, including, without limitation, required State or County permits and required insurance;

(2) The applicant has made a material misrepresentation in the application; or

(3) The applicant has failed to provide a complete application, after having been notified of the requirement to produce supplemental information or documents.

(Ord. 1350-CS, 8/27/2026)

A Sidewalk Vending Permit issued pursuant to this chapter shall not be transferable to any other entity or person. Any change in ownership, sidewalk operation, or vending activity of an issued Sidewalk Vending Permit requires the filing of a new Sidewalk Vending Permit application under this chapter.

(Ord. 1350-CS, 8/27/2026)

A Sidewalk Vending Permit issued pursuant to this chapter shall be effective for a period of one year from the date of issuance.

(Ord. 1350-CS, 8/27/2026)

(a) The City shall restrict the hours of operation of sidewalk vendors to comply with the restricted hours of the businesses or City facilities wherein the sidewalk vendor is operating.

(b) Sidewalk vendors shall operate in compliance with all applicable Federal, State, County, and City laws, ordinances, and regulations.

(c) Sidewalk vendors shall only conduct operations at locations approved by the City.

(d) No sidewalk vendor is permitted to operate within 500 feet of a public or private school during the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday.

(e) Sidewalk vendors are prohibited from operating in a City park if the City has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that City park.

(f) Roaming sidewalk vending within any residential areas of the City is prohibited between the hours of 7:00 p.m. and 7:00 a.m. of the subsequent day.

(g) A sidewalk vendor shall maintain a clean and trash-free 10-foot radius around his or her pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance at all times when it is located on public property. A sidewalk vendor shall immediately clean up any food, grease, or other fluid or item related to sidewalk vending activities which fall onto the sidewalk or other public property. When departing a location used for vending, the sidewalk vendor shall remove all trash and debris from the location. No trash or refuse generated by sidewalk vending activities shall be disposed of in public or private trash receptacles. Sidewalk vendors must take the trash generated by their activities with them and dispose of it appropriately.

(h) For public safety reasons, including pedestrian, vehicular, public and vendor safety, a sidewalk vendor shall not operate within the number of feet designated below from the nearest portion of the corresponding location:

(1) Within 500 feet from any freeway on-ramp or off-ramp.

(2) Within 10 feet of another sidewalk vendor.

(3) Within 100 feet of a residence.

(4) Within 50 feet of the entrance or exit from any place of business that has an operational kitchen. If a business containing an operational kitchen is closed, this restriction shall not apply. This restriction shall only apply to businesses located on the same side of the street the sidewalk vendor is operating on to ensure food safety.

(5) Sidewalk vendors are prohibited from operating within 15 feet of fire hydrants, bus benches, transit shelters, crosswalks, or driveways.

(i) For public safety reasons, including pedestrian, public, and vendor safety, a sidewalk vendor shall not operate in such a manner that the Vendor, the Vendor's cart, the vendor's display, the vendor's goods, or any combination thereof:

(1) Impedes public use of the sidewalk or right-of-way as required by the Americans with Disabilities Act; or

(2) Impedes access to or the use of abutting property, including, but not limited to, residences and places of business; or

(3) Impedes emergency access for the Police, Fire Department, or medical personnel to any abutting property; or

(4) Is located within 18 inches from the edge of the curb face; or

(5) Is located within the driveway or corner clear vision zones.

(j) In the event of a traffic accident, medical emergency, gas leak, natural disaster, fire, on-site construction or related work on a capital improvement project, or an emergency situation, the City may temporarily require sidewalk vendors to relocate to another location if doing so is necessary to protect the public's health and safety.

(k) Sidewalk vendors shall not vend to customers in vehicles.

(l) The sale of alcohol, marijuana, adult-oriented material, tobacco products, electronic cigarettes or products that contain nicotine, any product used to smoke/vape nicotine or marijuana, or any other illegal material or substances is prohibited.

(m) Vendors shall be present at all times while any food, drink or merchandise is on display on a sidewalk. Unattended vending is prohibited.

(n) Vendors shall comply with all applicable noise ordinances, including, but not limited to, Turlock Municipal Code Chapter 5-28.

(o) During the Turlock Certified Farmer's Market, or any other event classified as a farmer's market, sidewalk vendors not associated with the Farmer's Market, or other events classified as a farmer's market, shall not operate within the immediate vicinity.

(p) During an event classified as a swap meet, sidewalk vendors not associated with the swap meet shall not operate within the immediate vicinity.

(q) During an event that has been issued a temporary special permit, sidewalk vendors not associated with the temporary special permit shall not operate within the immediate vicinity.

(r) Sidewalk vendors who vend any food, beverage, or liquid products must implement the following best management practices:

(1) Possess spill kits that are comprised of paper towels, cloth towels, or sand at all times while vending;

(2) Remove all spill materials from the public right-of-way and sidewalks once the spilled material is absorbed off the ground;

(3) Capture and prevent spills leaving the area and moving into the surrounding streets from entering the storm water conveyance system, including curbs, gutters, and storm drains;

(4) Properly dispose of grease; and

(5) Ensure that any water or rinse residue used for vending activities is not disposed in the curbs, gutters, streets, drains, or on any public property.

(s) Sidewalk vendors shall ensure that all customer queuing, waiting areas, or lines do not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic along, over, or across public property, and otherwise comply at all times with the location-related restrictions set forth in this chapter relative to sidewalk vending activities.

(t) Stationary sidewalk vendors are prohibited from operating or establishing in any residential zone of the City. This does not apply to roaming sidewalk vendors.

(u) Vending carts shall not be left unattended by the vendor or their staff.

(v) Sidewalk vendors shall not attach or use any water lines, electrical lines, or gas lines located on public property owned by the City, or belonging to any other entity or person.

(w) No signs, balloons, or flags may be displayed on or off the site for promotional purposes all signage must be attached.

(Ord. 1350-CS, 8/27/2026)

Representatives of the Police Department, Fire Department, Code Enforcement, the Planning Department, the Finance Department, or any other relevant City department shall be permitted, at any time a sidewalk vendor is operating in the City, to inspect a sidewalk vendor's operation, its required permits, and its vended food and goods for compliance with local or State laws and regulations.

(Ord. 1350-CS, 8/27/2026)

(a) In accordance with State law, a person found in violation of this chapter shall be subject to the following, and except as provided in this chapter, these provisions shall be the exclusive penalties applicable to violations of this chapter:

(1) Operating as a sidewalk vendor in violation of this chapter, other than the failure to possess a valid Sidewalk Vending Permit:

(i) A written warning for a first violation.

(ii) An administrative fine not exceeding $100 for a second violation within one year of the first violation.

(iii) An administrative fine not exceeding $200 for a third violation within one year of the first violation.

(iv) An administrative fine not exceeding $500 for each additional violation within one year of the first violation.

(v) After the fourth violation, the sidewalk vendor's permit will be rescinded.

(2) Operating as a sidewalk vendor without a valid permit issued by the City:

(i) An administrative fine not exceeding $250 for a first violation.

(ii) An administrative fine not exceeding $500 for a second violation within one year of the first violation.

(iii) An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.

(3) A sidewalk vendor may appeal an administrative fine pursuant to Section 2-11 of the Turlock Municipal Code.

(4) A sidewalk vendor who has been issued an administrative fine pursuant to this chapter may request a determination of his or her ability to pay the administrative fine pursuant to the provisions of Government Code Section 51039(f). If the sidewalk vendor shows proof to the satisfaction of the hearing officer (if the request is made at the time of an administrative appeal hearing), or the City Manager or his or her designee (if the request is made at any other time), that he or she meets the criteria set forth in Government Code Section 68632, subsection (a) or (b), the fine amount shall be reduced to 20% of the original fine amount.

(5) Violations of the Turlock Municipal Code not specifically subject to the limitations set forth in Government Code Section 51039 shall be subject to enforcement pursuant to the Turlock Municipal Code, as the same may be amended from time to time, in addition to any other applicable penalties or remedies prescribed by law at the time of the violation.

(6) All such fines collected under this section shall be deposited into the General Fund.

(Ord. 1350-CS, 8/27/2026)

(a) Except as otherwise required by State or Federal law, the City shall not provide voluntary consent to any individual to access, review, or obtain any City records obtained pursuant to this chapter that include personally identifiable information of any sidewalk vendor without a subpoena or a valid judicial warrant. This subsection does not prohibit the City from challenging the validity of a subpoena or judicial warrant in a Federal district court.

(b) The City and its personnel 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, or as required to administer the permit program, or to comply with a State law or State or Federal court order.

(c) For purposes of this section, "personally identifiable information" includes 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, Sidewalk Vending Permit or license number, known place of work, income and tax information, and any other information that would identify the individual.

(d) Personally identifiable information collected pursuant to this chapter shall not be available to the public for inspection and shall be treated as confidential, including as exempt from disclosure to the extent permitted by applicable law.

(Ord. 1350-CS, 8/27/2026)