Tustin Municipal Code Part 3 Vending on Sidewalks

The purpose of this chapter is to establish a program to regulate street vending in accordance with state law. The reasonable time, place and manner regulations set forth in this chapter are necessary to protect the public health, safety and welfare by, among other things, ensuring unobstructed pedestrian travel on city sidewalks and safe and unfettered access to school sites, limiting the potential for noise and disruption in residential zones, and minimizing potential conflicts between motor vehicles and pedestrians and vendors in the public rights-of-way. Furthermore, regulations are necessary to prevent unsanitary conditions, and to ensure trash and debris in the areas vending is taking place are removed by vendors.

(Ord. No. 1508, Sec. 3, 9-1-20)

The following terms used in this Part shall have the meaning indicated below:

Certified farmers' market means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

Director means the director of finance or designee.

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

Immediate vicinity means within five hundred (500) feet.

Median means roadway medians and parkway islands.

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.

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.

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

School means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the state to offer pre-school, elementary or secondary academic instruction, including kindergartens, elementary schools, middle or junior high schools, and high schools.

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.

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. "Sidewalk vendor" includes "roaming sidewalk vendor" and "stationary sidewalk vendor."

Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.

Swap meet means a location operated in accordance with Article 6 (commencing with Section 21660) 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 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.

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.

(Ord. No. 1508, Sec. 3, 9-1-20)

A. A sidewalk vendor shall only operate on sidewalks and no other portion of the public right-of-way. Sidewalk vendors shall not operate in the landscaped portions or medians of the public right-of-way.

B. No sidewalk vendor shall sell food or drinks on any portion of the sidewalk without first obtaining all of the following:

1. A business license pursuant to chapter 5 of article 2 of this Code.

2. A sidewalk vending permit pursuant to section 3337.

3. A health department permit pursuant to part 1 of chapter 1 of article 4 of this Code.

C. No sidewalk vendor shall sell merchandise on any portion of the sidewalk without first obtaining both of the following:

1. A business license pursuant to chapter 5 of article 2 of this Code.

2. A sidewalk vending permit pursuant to section 3337.

3. Such other permits as may be required by state or local law, such as a secondhand dealer permit under part 2 of chapter 5 of article 3 of this Code for the sale of secondhand goods.

D. At all times, a sidewalk vendor shall be in possession of a valid government-issued identification, business license, sidewalk vending permit, and health department permit, if applicable. The city-issued sidewalk vending permit and business license shall be prominently displayed in a publicly visible location at all times while vending. No trash or refuse generated by sidewalk vending activities shall be disposed of in public trash receptacles.

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.

E. A sidewalk vendor shall maintain a clean and trash-free ten-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. 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 trash receptacles. 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.

F. No pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance shall be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended.

G. 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 five hundred (500) feet from any freeway on-ramp or off-ramp.

2. Within one hundred (100) feet from any street intersection.

3. Within one hundred (100) feet from any marked or unmarked crosswalk.

4. Within fifty (50) feet of any fire hydrant or fire call box.

5. Within fifty (50) feet of any bus stop sign, marked bus zone or transit shelter.

6. Within fifty (50) feet of any driveway or other vehicle entrance.

7. Within fifty (50) feet of another sidewalk vendor.

8. On a sidewalk immediately adjacent to any portion of the Tustin Civic Center or other city facility.

9. Within fifteen (15) feet of the entrance or exit from any place of business.

10. A sidewalk vendor in a park or sidewalk adjacent to a park is prohibited from operating within seventy-five (75) feet of the nearest point of any residential parcel.

It shall not constitute a violation of this subsection G for a roaming sidewalk vendor to move through the areas designated in this subsection G provided that the roaming vendor does not engage in any transaction while in any such area.

H. 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. Reduces the clear space for pedestrian and other public use to a width of less than four (4) feet; or

2. Impedes public use of the sidewalk or right-of-way as required by the Americans with Disabilities Act; or

3. Impedes access to or the use of abutting property, including, but not limited to, residences and places of business; or

4. Impedes emergency access for the police, fire department, or medical personnel to any abutting property; or

5. Within eighteen (18) inches from the edge of the curb face.

I. Sidewalk vendors are prohibited from operating within a city parking structure or surface lot without supplemental authorization from the city.

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 may not utilize sound amplifying equipment nor nonamplified musical or noise making devices.

L. No sidewalk vendor shall willfully make, continue, or cause to be made or continued, noise of such a nature or degree as to violate chapter 6 of article 4 of this Code.

M. Sidewalk vendors shall not utilize flashing lights or animated devices.

N. The size of the vendor cart(s) and display(s) shall not exceed the width, length or height necessary for the intended purpose of the vending, nor may the vendor cart(s) and display(s) impede pedestrian movement, create an unsafe condition, or be visually unsightly.

O. Vendor carts and displays are allowed subject to all other regulations herein. Use of tents, "push-up" or other canopies, or generators are not permitted. Subject to all other requirements of this part, a vendor's pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, including any tables utilized, shall not exceed a combined length of six (6) feet when measured along the longest axis of each such device. A vendor may have a single chair for the vendor's use only. A vendor may use an umbrella for shade or protection from rain, but the umbrella shall not exceed eight (8) feet in height nor eight (8) feet in diameter. The umbrella and chair shall comply at all times with all location restrictions set forth in this part.

P. Vending of services is prohibited.

Q. Sidewalk vendors shall not move in, or be located in, any bicycle lane.

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

S. Use of electrical outlet or power source that is owned by the city, or any other entity, other than the sidewalk vendor's own battery source is prohibited.

T. Sidewalk vendors are prohibited from affirmatively offering to vend food or goods to any person who, on the same day, has declined to purchase food or merchandise from the vendor, unless the person subsequently and affirmatively expresses interest in purchasing the food or goods.

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

(Ord. No. 1508, Sec. 3, 9-1-20)

In addition to the requirements set forth in section 3333, sidewalk vendors in parks owned or operated by the city are subject to the following restrictions:

A. No stationary sidewalk vendor shall sell food, drinks or merchandise in a park if the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

B. No sidewalk vendor shall sell food, drinks or merchandise in a park when the park has been designated for a temporary special permit issued by the city, including nearby parking lots used to accommodate the event. A prohibition of sidewalk vendors pursuant to this section shall only be effective for the limited duration of the temporary special permit.

C. A sidewalk vendor shall be restricted to operating within the posted hours of the park.

D. A sidewalk vendor shall not interfere in any way with anyone participating in a sporting activity.

E. A sidewalk vendor in a park or sidewalk adjacent to is prohibited from operating within seventy-five (75) feet of an abutting residential zone.

(Ord. No. 1508, Sec. 3, 9-1-20)

In addition to the requirements set forth in section 3333 herein, the following restrictions shall apply to sidewalk vendors in residential zones:

A. Stationary sidewalk vendors are prohibited.

B. A roaming sidewalk vendor shall move from place to place and stop only to complete a transaction.

C. A roaming sidewalk vendor shall be restricted to operating within the limited hours of 8:00 a.m. to dusk.

(Ord. No. 1508, Sec. 3, 9-1-20)

In addition to the requirements set forth in section 3333, no sidewalk vendor shall operate within five hundred (500) feet of any school property from 7:00 a.m. to 4 :00 p.m. when school is in session or during the period of time scheduled for graduation ceremonies, and for one (1) hour before and after such graduation ceremonies.

(Ord. No. 1508, Sec. 3, 9-1-20)

A. Application. To obtain or renew a sidewalk vending permit from the director, a sidewalk vendor must provide the following as part of their application:

1. Proof of the applicant's valid government-issued identification.

2. The name, address, and telephone number of the applicant.

3. Whether the applicant intends to operate as a stationary or a roaming sidewalk vendor, or both.

4. Proof of the applicant's City of Tustin business license.

5. A description of the food, drinks or merchandise offered for sale.

6. If food or drink products will be vended, proof of a valid county health permit for prepared food products for vending.

7. Proof of a valid state department of tax and fee administration seller's permit and additional licenses from state or local agencies to the extent required by law.

8. Payment of an application or renewal fee, which shall be established by resolution of the city council to defray the costs of processing the application for, or renewal of, a permit.

9. A certification by the sidewalk vendor that to his or her knowledge and belief, the information contained on the form is true.

10. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.

11. Such other information deemed necessary to protect public health, safety or welfare by the city manager or designee.

12. Insurance in such types and amounts as the city's risk manager determines should be required for the type of vended materials.

B. Expiration. Permits shall expire one (1) year after the date of issuance.

C. Transfer of permit. Permits are not transferable.

D. Renewal of permit after revocation. A person whose permit is revoked may not renew their permit for one (1) year from the date it is revoked.

E. Representatives of the police department, health department, fire authority, code enforcement, department of community development, or other city departments or agencies charged with enforcing the city Code and other laws related to sidewalk vending activities shall be permitted, at any time a sidewalk vendor is operating in the city, to inspect a sidewalk vendor's operation and its vended food and goods for compliance with local or state laws and regulations.

(Ord. No. 1508, Sec. 3, 9-1-20)

A. No sidewalk vendor shall operate in areas located within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet, including nearby parking lots used to accommodate the event, during the limited operating hours of that certified farmers' market or swap meet.

B. No sidewalk vendor shall operate in areas located within the immediate vicinity of an area designated for a temporary special permit issued by the city, including nearby parking lots used to accommodate the event, during the limited duration of the temporary special permit.

(Ord. No. 1508, Sec. 3, 9-1-20)

A person found in violation of this part 3 shall be subject to the following, and except as provided in subsection E of this section 3339, these provisions shall be the exclusive penalties applicable to violations of this part 3:

A. Operating without a valid sidewalk vending permit:

1. An administrative fine not exceeding two hundred fifty dollars ($250.00) for a first violation.

2. An administrative fine not exceeding five hundred dollars ($500.00) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding one thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation.

4. Payment of any administrative fine imposed pursuant to this section 3339 shall be due within thirty (30) days after notice of the fine is either (a) delivered in person to the permit holder or (b) deposited in the mail to the address identified in the permit-holder's most recent application, whichever occurs first. Failure to pay an administrative fine within the timeframe established herein may be enforced pursuant to section 1170 of this Code, subject to subsections C and D of this section 3339.

5. The administrative fines listed in paragraph (A) of section 3339 may be reduced from two hundred fifty dollars ($250.00) to one hundred dollars ($100.00), five hundred dollars ($500.00) to two hundred dollars ($200.00), and one thousand dollars ($1,000.00) to five hundred dollars ($500.00), upon submission of proof of a sidewalk vending permit before payment of each such fine is due.

B. Operating as a sidewalk vendor in violation of this chapter, other than the failure to possess a valid sidewalk vending permit:

1. An administrative fine not exceeding one hundred dollars ($100.00) for a first violation.

2. An administrative fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

4. The city manager, or designee, may revoke a sidewalk vending permit issued to a sidewalk vendor upon the fourth or subsequent violation(s).

C. A sidewalk vendor may contest an administrative fine or revocation of a sidewalk vending permit issued pursuant to this section 3339 as follows:

1. An administrative fine may be appealed pursuant to the provisions set forth in sections 1166 through 1169 and section 1171 under this Code.

2. A revocation of a sidewalk vending permit may be appealed pursuant to the procedures set forth in Tustin City Code section 9294. The finance director's decision to revoke a sidewalk vending permit shall constitute a "decision of the director of community development" solely for the purposes of an appeal taken pursuant to section 9294 to contest the decision to revoke a sidewalk vending permit.

D. A sidewalk vendor who has been issued an administrative fine under 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, subsections (a) or (b), the fine amount shall be reduced to twenty (20) percent of the original fine amount.

E. Violations of this Code not specifically subject to the limitations set forth in Section 51039 of the Government Code shall be subject to enforcement pursuant to chapters 1121 through 1173 of this 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.

(Ord. No. 1508, Sec. 3, 9-1-20)