§ 19.55

The purpose of this Chapter is to establish a permitting and regulatory program for sidewalk vendors that complies with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Chapter allow the City to encourage small business activities by removing total prohibitions on portable food stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public's health, safety and welfare.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

For this Chapter, the definition for "Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, and individuals transacting and carrying on any business in the City. Please refer to Chapter 19.06 (Definitions) of this Code for all other definitions of terms and phrases used in this Chapter. If a term or phrase is not defined in this Code, the most common dictionary definition is presumed to be correct.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Permit Required. No person shall engage in any sidewalk vendor activities within the City without first applying for and receiving a Sidewalk Vending Permit from the Community Development Director, or his or her designee, in accordance with this Chapter.

B.

Business License Required. No person shall engage in any sidewalk vendor activities within the City without first applying for and receiving a valid business license issued by the City.

C.

Application Required. An application for a Sidewalk Vending Permit shall be filed with the Community Development Director, or his or her designee, in a manner approved by the City in accordance with Chapter 19.28.050 (Applications and Fees).

D.

Permit Fees. Each application for a Sidewalk Vending Permit shall be accompanied by an application fee as established by resolution of the City Council. The application and permit are only applicable to the individual(s) named on the application.

a.

A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:

b.

As provided under the California Business and Professions Code, Section 16102: "Every soldier, sailor or Marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or Marine, without cost, a license therefore."

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Within 30 calendar days of receiving a complete application, the Community Development Director may issue a Sidewalk Vending Permit, with appropriate conditions, as provided for herein, if he or she finds based on all the relevant information that:

1.

The sidewalk vendor has paid all previous administrative fines and completed any other alternative disposition associated in any way with a previous violation of this Chapter;

2

The sidewalk vendor has not had a permit revoked within a 12-month period;

3.

The sidewalk vendor's application contains all required information;

4.

The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process;

5.

The sidewalk vendor has satisfied all the requirements of this Chapter;

The sidewalk vendor has paid all applicable fees as set by City Council resolution;

7.

The sidewalk vendor's sidewalk vending receptacle and proposed activities conform to the requirements of this Chapter;

8.

The vendor has satisfactorily provided all information requested by the Community Development Director to consider the vendor's application.

B.

A Sidewalk Vending Permit is non-transferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this Chapter.

C.

All permits issued under this Chapter, regardless of when issued, are valid for a one-year period.

D.

The permit issued to a successful applicant shall contain the signature of the Community Development Director, the type of permit issued, the kind of goods to be sold there under, the date of issuance and the expiration date.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:

A.

All food and merchandise shall be stored either inside or affixed to the sidewalk vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor receptacle, the overall space taken up by the sidewalk vendor receptacle shall not exceed the size requirements provided in this section.

B.

While conducting sidewalk vending activities, sidewalk vendors must always carry their current Sidewalk Vending Permit, which is issued as a letter.

C.

Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit business for their sidewalk vending activities. Sidewalk vending receptacles shall not be stored on public property and shall be removed when not in active use by a vendor.

D.

No sidewalk vending receptacle shall be motorized.

E.

If a sidewalk vending receptacle requires more than one person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five feet of the sidewalk vending receptacle when conducting sidewalk vending activities.

F.

Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacle and shall not empty their trash into public trashcans. The size of the vendor's trash container shall be taken into account when assessing the total size limit of a sidewalk vending receptacle. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation.

G.

Sidewalk vendors shall maintain a minimum four foot clear accessible path free from obstructions, including sidewalk vending receptacles and customer queuing area.

H.

Sidewalk vendors shall not vend to or otherwise conduct transactions with persons in moving vehicles or vehicles illegally parked or stopped.

I.

Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public or private property.

J.

The conduct of the sidewalk vendor shall not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;

K.

The conduct of the sidewalk vendor shall not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;

L.

The conduct of such sidewalk vending activity shall not constitute a fire hazard, and all proper safety precautions shall be taken;

M.

The conduct of such sidewalk vending activity shall not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

N.

The size of the sidewalk vending receptacle shall be limited to a maximum width of four feet and a maximum length of six feet.

N.

No external power of plumbing is allowed. The sidewalk vending receptacle shall be completely selfcontained.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Sidewalk vendors shall not engage in any of the following activities:

l.

Renting merchandise to customers;

2.

Displaying merchandise or food that is not available for immediate sale;

3.

Selling of adult-oriented material, cannabis, tobacco, or alcohol;

4.

Using an open flame on or within any sidewalk vending receptacle;

5.

In residential areas, all stationary sidewalk vending is prohibited.

6.

In residential areas, roaming sidewalk vending activity is prohibited between the hours of 6:00 p.m. or sunset, whichever is earlier, and 9:00 a.m. of the following day. All sidewalk vendors are prohibited from

using any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to food or merchandise offered for sale.

7.

Continuing to offer food or merchandise for sale, following, or accompanying any person who has been offered food or merchandise after the person has asked the vendor to leave or after the person has declined the offer to purchase food or merchandise;

8.

Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale;

9.

Blocking or impeding the path of the person(s) being offered food or merchandise to purchase;

B.

Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:

1.

Within 12 inches of any curb face on all roads.

2

On any designated emergency vehicle access way.

3.

Any public property that does not meet the definition of a sidewalk or pathway including without limitation any alley, street, roadway or parking lot;

4.

Within the immediate vicinity of an area designated for a temporary use permit issued by the City, during the limited duration of the temporary use permit. If the City provides any notice, business interruption mitigation, or other rights to affected businesses or property owners under the City's temporary special permit, such notice will also be provided to any sidewalk vendors specifically permitted to operate in the area, if applicable; or

5.

Sidewalk vendors shall not engage in sidewalk vending activities within 50 feet of another sidewalk .vendor.

6.

Sidewalk vendors shall not engage in sidewalk vending activities within 100 feet of a school, a place of worship, or a child daycare facility.

7.

Sidewalk vendors shall not engage in sidewalk vending activities within 200 feet of a permitted certified farmers' market or swap meet during the limited operating hours of that certified farmers' market or swap meet, unless they are an approved vendor in the market or the swap meet.

8.

Stationary sidewalk vending activities shall only occur on sidewalks or pathways with a minimum width of eight feet or larger.

9.

Sidewalk vendors shall not engage in sidewalk vending activities within 25 feet of a:

a.

Fire hydrant;

b.

Curb which has been designated as yellow or red zone, or a bus zone;

c.

Automated teller machine;

d.

Driveway, alley, or street comer;

10.

Sidewalk vendors shall not engage in sidewalk vending activities that would violate provisions of this Code relating to visibility requirements for streets, alleys, driveways, and intersections.

11.

Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vending activities at any park where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

12.

Sidewalk vendors shall not vend in pocket parks located in residential areas. These parks are small by design and any vending or commercial activity in these pocket parks shall prevent the public from enjoying the natural resources and recreational opportunities in the pocket parks. A prohibition on sidewalk (and all other) vending in these pocket parks will prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. These parks are situated adjacent to individual residences, and sidewalk vending activity will result in increased traffic, noise, and crowding, resulting in health, welfare, and safety issues.

On any sidewalk with a gradient in excess of ten percent.

14.

Within 200 feet of any public safety facility, including without limitation police stations and fire stations.

15.

On any sidewalk where vending equipment and queuing patrons would restrict access requirements under the Americans with Disabilities Act.

16.

On any sidewalk where vending equipment and queuing patrons would jeopardize life safety of any person.

C.

Sidewalk vending receptacles shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, or traffic barriers.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Decision to deny an application for a permit may be appealed by any interested person. Any appeal of a decision regarding a Sidewalk Vending Permit application shall be filed in accordance with Chapter 19.28.120 (Appeals) of this Code.

B.

Administrative fines, assessed by means of an administrative citation, may be appealed by the recipient. Any appeal of an administrative citation regarding a Sidewalk Vending Permit shall be filed in accordance with Chapter 19.144 (Administrative Citations) of this Code.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Violations of this Chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by administrative fines.

B.

In addition to the procedures from Chapter 19.144 (Administrative Citations), the following apply to this Chapter only:

1.

The enforcement officer shall provide the recipient of an administrative citation with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the City shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this Chapter.

2.

The enforcement officer may waive the administrative fine or may offer an alternative disposition.

3.

The Community Development Director, or his or her designee, may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

A permit issued under this Chapter may be suspended by the City Manager, with right of appeal to the City Council after notice to the permittee and an administrative hearing, in accordance with the procedures outlined in Section 19.28.160 (Revocation or Modification).

B.

Fees for revoked permits are not refunded.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Chapter 19.56 - Transient Selling, Peddling, and Soliciting Permits[[3]]

Footnotes:

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Editor's note— Ord. No. 316, § 4(Exh. A), 2-27-2024, adopted March 10, 2020, repealed ch. 19.56, §§ 19.56.010—19.56.140 and enacted a new ch. 19.56, §§ 19.56.010-19.56.090 as set out herein. Former ch. 19.56 pertained to similar subject matter and derived from Ord. No. 292, § 4(Exh. A).