Vacaville Municipal Code Ch. 5.40 Sidewalk Vending

The city finds that the vending of prepared or pre-packaged foods, as those terms may be further defined in the California Retail Food Code, goods, and/or wares, including non-food products, at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

(Ord. 2014, 2/24/2026)

For purposes of this chapter, the following definitions apply:

"Certified farmers' market"

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

"City"

means the City of Vacaville.

"Enforcement official"

means the Fire Marshal or his or her designee.

"Park"

means a public park owned or operated by the city.

"Personally identifiable information"

means 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, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual.

"Roaming sidewalk vendor or vending"

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

"Sidewalk"

means a portion of a street between the curbline and the adjacent property line, or an easement or right-of-way held by the city across the front of private property and intended for the use of pedestrians. For purposes of this chapter, "sidewalk" shall also include a paved path or walkway owned by the city or other public entity that is specifically designed for pedestrian travel.

"Sidewalk vendor or vending"

means 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's person, upon a public sidewalk or other pedestrian path.

"Swap meet"

means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Cal. Business and Professions Code, and any regulations adopted pursuant to that article.

"Temporary use permit"

means a city-issued permit to engage in certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur, and/or events occurring on public property and requiring a special event permit from the City.

(Ord. 2014, 2/24/2026)

A. All sidewalk vendors shall obtain a sidewalk vending permit from the City's community development department prior to engaging in any sidewalk vending activities. The following information shall be required:

1. Name, current mailing address, and phone number of the vendor, whether the vendor is an individual or a business entity; and

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

3. If the vendor will have employees, the name(s), current mailing address(es), and phone numbers of the person(s) who will be employed as a stationary or roaming sidewalk vendor(s); and

4. The number of sidewalk vending operations the vendor intends to operate within the city; and

5. The days and hours of operation the sidewalk vendor intends to operate; and

6. Whether the vendor intends to operate as a stationary or roaming sidewalk vendor; and

7. If applicable, a description of the type of food proposed to be offered for sale or exchange, and the method(s) by which such food will be prepared or whether it is pre-packaged; and

8. If applicable, a description of the merchandise/goods to be offered for sale or exchange; and

9. A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and

10. A copy of:

a. The vendor's social security card with the number; or

b. Valid California driver's license issued to the vendor; or

c. Individual taxpayer identification number issued to the vendor; or

d. Other documentation of the vendor's identity to the satisfaction of the enforcement official;

11. If preparing or selling food, a copy of the Solano County Environmental Health Division permit issued to the vendor, including a certification of completion of a food handler course; except when the sidewalk vendor consists solely of 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked uncut produce will be sold. If potentially hazardous food or cooked cut produce will be sold or the food or the display area is greater than 25 square feet, the vendor must provide a copy of the County Health Department permit issued to the vendor; and

12. A list of all other cities or other jurisdictions in which the vendor has operated a vending operation in the past three years; whether a permit was required to operate; and whether a permit for vending has been revoked in the past three years; and

13. A description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 36 inches of accessible route area when considering the vendor equipment and anticipated customer queue, in compliance with the Americans with Disabilities Act. Such site plan shall also include a graphic depiction of where the cooking and packaging facilities, if any, will be located in the context of the overall vending apparatus, and the applicant's proposed method of addressing any disposal of cooking or related waste; and

14. A copy of a general liability insurance policy naming the city as additional insured in the amount of $1,000,000; and

15. An acknowledgement that the vendor will comply with all generally applicable local, state, and federal laws; and

16. A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true; and

17. An agreement by the vendor to indemnify, defend (at the vendor's sole cost and expense), and hold the City of Vacaville, and its officers, officials, employees, representatives, and agents, harmless from any and all claims, losses, damages, injuries, liabilities, or losses which arise out of, or which are in any way related to, the city's issuance or failure to issue a sidewalk vending permit, the city's decision to approve or its refusal to approve the sidewalk vending permit, the operation of the sidewalk vending use and activity, and the process used by the city in making its decision. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, city, and/or the parties initiating or bringing such proceeding; and

18. An acknowledgement that use of public property is at the vendor's own risk, and the city does not take any steps to ensure public property is safe or conducive to sidewalk vending operations.

B. At the time the application or renewal application is filed, the application shall pay the permit processing fee established by separate resolution of the city council.

C. Any personally identifiable information of any vendor or applicant collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

(Ord. 2014, 2/24/2026)

A. Upon acceptance of a properly completed and filed sidewalk vending permit application, and a completed inspection by the City's Fire Department, the community development department shall conduct a preliminary investigation to determine compliance with this chapter and shall make such determination within no more than 30 days of acceptance to approve or deny the application. The community development department shall provide the applicant with written notice of his or her decision to the address indicated in the application.

B. The community development director shall deny an application for a permit if he or she makes any of the following findings:

1. The applicant has failed to pay the application permit fee.

2. The applicant has made one or more material misstatements in the application for a permit.

3. The applicant does not have a valid social security card or valid California driver's license; or valid individual taxpayer identification number; or other form of identification to the satisfaction of the enforcement official.

4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter.

5. The applicant is required to register under the provisions of Cal. Penal Code § 290.

6. Within three years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in Cal. Health and Safety Code § 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three years of the date of the application.

7. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.

8. The applicant has had a sidewalk vending permit or similar permit revoked within the past three years in the city or any other jurisdiction.

C. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form. If the application is denied, and the applicant does not appeal the decision to the City Manager under § 5.40.100 or the appeal is unsuccessful, the applicant may address the matters raised in the notice of disapproval of the permit application and may resubmit an application for such permit for reconsideration at any time.

D. If the community development director approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

E. Exemptions. A sidewalk vending permit shall not be required for the following activities:

1. The sale of agriculture products on the site where the product is grown.

2. Catering for private parties held exclusively on private property and not open to the general public.

3. Events permitted pursuant to a lawfully issued temporary use permit or other prior authorization, including but not limited to a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.

F. Permit conditions. A sidewalk vending permit issued pursuant to this chapter may contain such vendor-specific conditions relating to the method or manner of operation as the community development director deems are directly related to, and necessary to adequately protect, the health, safety, or general welfare of the public. Conditions imposed shall be provided to the applicant or holder of the permit in writing, and shall be consistent with applicable state legal restrictions.

G. Term of permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit. It shall be the permittee's sole responsibility to renew the sidewalk vending permit. At the time of renewal, the vendor must identify any new employees in the manner provided for in § 5.40.030(A)(3).

H. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant, and only for the term stated.

I. Display of permit. Such sidewalk vending permit shall, during the time such permittee is engaged in sidewalk vending, be worn constantly and conspicuously by the permittee on the front of his or her outer garment or by being posted in a clear and conspicuous location on the permittee's cart, stand, or other conveyance used to market and sell the permittee's wares. Sidewalk vendors shall be required to exhibit their permits and/or licenses at the request of any person. If multiple sidewalk vendors are staffing a sidewalk vending operation, each vendor shall, during the operation of sidewalk vending, constantly and conspicuously wear a copy of the permit on the front of his or her outer garments.

(Ord. 2014, 2/24/2026)

Sidewalk vendors shall meet all of the following requirements:

A. The sidewalk vendor is duly licensed and meets all requirements of § 5.40.030; and

B. The sidewalk vendor can set up their vending operation while still leaving a minimum accessible path of travel that is consistent with the Americans with Disabilities Act and all local and state laws and regulations, without obstruction from the vendor equipment and the customer queue, along the public sidewalk or public pathway; and

C. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

D. Prior to leaving the vending area, the sidewalk vendor shall collect all litter and debris within a 20-foot radius of the vendor that was generated by the vending activities; and

E. There shall be no disposal of cooking material or waste, including but not limited to used oil, into the city's trash receptacles, storm drains, plant material, or foliage, in or upon any street, sidewalk, path, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private lot of land in the city. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls onto public property; and

F. The sidewalk vendor shall be located at least 10 feet from any entrances to private or public buildings, private or public driveways, parking spaces or building windows; and

G. No vending shall occur within 15 feet of a fire hydrant, emergency vehicle access (EVA) route, fire escape, bus stop, loading zone, handicapped parking space, or access ramp; and

H. No tables, chairs, fences, shade structures, or other on-site furniture intended for customer use shall be permitted in conjunction with the vendors' vending activities; and

I. The sidewalk vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and

J. A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for sidewalk vending shall not be chained, fastened, or affixed at any time to any building or structure, including but not limited to lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trashcans, street signs, trees, or other objects within the public-right of way. No pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for sidewalk vending shall become a permanent fixture on the vending site or be considered an improvement to real property; and

K. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited beyond the footprint of the vending apparatus as authorized by the permit issued for that vendor; and

L. The sidewalk vendor shall not store, place, or keep any food or merchandise on public property except as specifically authorized by this chapter; and

M. The sidewalk vendor shall not display any signage, other than a "minor sign" as that term is defined in § 14.09.260.030(E), on public property without first obtaining the appropriate authorization to do so; and

N. All signage and advertising related to the sidewalk vendor and/or the vending operations shall not be electrical, flashing, wind powered, or animated; and

O. The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending vehicle; and

P. The sidewalk vendor shall not engage in aggressive sales, which shall include touching a person being offered food or merchandise without that person's consent, continuing to offer food or merchandise for sale to a person after he or she has declined to purchase food or merchandise, or deliberately blocking or impeding the path of the person(s) being offered food or merchandise, and shall not vend to persons sitting in their parked vehicles while illegally parked; and

Q. The sidewalk vendor shall publicly display any and all required business and health licenses; and

R. The sidewalk vendor shall remit all required and applicable taxes to the applicable taxing agencies; and

S. No vending shall occur within 500 feet of a certified farmers' market, a swap meet, or an event held pursuant to a City-issued event permit; and

T. The sidewalk vendor shall not leave his or her sidewalk vending operation unattended to solicit business for the vending operation; and

U. The sidewalk vendor shall not sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana; and

V. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of 30 feet from the intersection of such lines at the corner of a street or highway; and

W. No vending shall occur within the greater of these two areas:

1. Within the City's adopted "Stopping Sight Distance" standard as identified in City Standard Drawings 3-04A, 3-04B, and 3-05; or

2. Within a designated "Traffic Visibility Area," which consists of the triangular area formed by measuring 10 feet in either direction from intersecting driveways or a street/alley intersecting a driveway; and

X. No vending shall occur within 500 feet of any public or private childcare center or academic school for elementary, junior high, or high school students, except that such restriction shall not apply to authorized childcare facilities in residential zoning districts, or to City-owned or managed buildings that host after- school programs or activities for students, or to any location for which state law would strictly prohibit such distance-based restriction; and

Y. No vending shall occur within three feet of any parking meters, above-ground utility structures, or subsurface utility box, valve, or vault; and

Z. No vending shall occur within two feet of another sidewalk vendor, or other safe distance as approved by the enforcement official; and

AA. No vending shall occur at bus stop locations, red curbs, or at locations where there are existing above-ground amenities such as newsstands or street furniture, including, but not limited to benches and bike racks; and

BB. No vending shall occur in roadways, medians, pedestrian islands, or bikeways; and

CC. No vending shall occur where the City's Traffic Engineer or designee has designated a specified area as a collision hotspot or as creating a hazardous condition, including but limited to along a curved roadway where driver and pedestrian visibility may be impaired by the presence of vendors; and

DD. No vending shall occur within 20 feet of the vehicle-approach side of any marked or unmarked crosswalk, or within 15 feet of any crosswalk where a curb extension is present; and

EE. No vending shall occur in any location where vending activity would objectively impede a driver's ability to see pedestrians or vehicles entering or crossing a roadway or driveway; and

FF. No vending shall occur with 200 feet of the city hall, police station, or any city fire station, except if specific prior authorization to vend in such location is obtained; and

GG. All vendors shall have the appropriate type of fire extinguisher as required by the California Fire Code.

(Ord. 2014, 2/24/2026)

A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any and all exclusively residential zones of the city.

B. Stationary sidewalk vendors shall not vend within 300 feet of any exclusively residentially zoned area.

C. Stationary sidewalk vendors shall provide a trash receptacle for customers and 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 street for use by the general public.

D. Stationary sidewalk vendors may operate in non-residential zones of the city, including mixed use zones, provided they meet the requirements of § 5.40.050.

E. Stationary sidewalk vending shall only be conducted no earlier and no later than the hours of operation of businesses on the same street. If no businesses operate on the same street, stationary sidewalk vendors operating in non-residential zones of the city shall only operate between the hours of 7:00 AM and 9:00 PM of every day.

(Ord. 2014, 2/24/2026)

A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any city park with a concession operated by a vendor under exclusive contract with the city for the sale of food or merchandise.

B. Subject to subsection A of this section, sidewalk vendors may operate in city parks provided they meet all of the requirements in § 5.40.050.

C. Sidewalk vendors shall cease operations one hour prior to the close of the park.

(Ord. 2014, 2/24/2026)

A. Roaming sidewalk vendors shall meet all the requirements of § 5.40.050.

B. Roaming sidewalk vending hours for residential zones shall be conducted between the hours of 9:00 AM and 6:00 PM.

C. Roaming sidewalk vending for non-residential zones shall only be conducted no earlier and no later than the hours of operation of businesses on the same street. If no businesses operate on the same street, roaming sidewalk vendors in non-residential zones of the city shall only operate between the hours of 7:00 AM and 9:00 PM of every day.

(Ord. 2014, 2/24/2026)

A. A sidewalk vending permit issued under this chapter may be suspended or revoked by the community development director after four or more violations of this chapter in accordance with § 5.40.110, at their discretion, for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the permit;

3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

(Ord. 2014, 2/24/2026)

In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the community development director or enforcement official made under the provisions of this chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the city manager within 15 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the city clerk a written appeal statement setting forth the grounds for the appeal, along with the city's appeal fee, which shall be established by city council resolution. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit. The city clerk shall transmit the written statement to the city manager within 10 days of its filing and payment of the appeal fee, and the city manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than 60 days from the date of filing of the applicant's written appeal statement with the city clerk. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five days prior to the date set for the hearing. At the hearing, the permittee and the city shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The city manager shall not be bound by the traditional rules of evidence in such a hearing, except that hearsay evidence may not be the sole basis for the decision of the city manager. The city manager may continue the hearing as deemed necessary. The decision of the city manager, or his or her designee, on the appeal shall be final and binding on all parties concerned, unless timely judicial review is sought pursuant to Cal. Code of Civil Procedure § 1094.6. In the event a timely action or proceeding is brought pursuant to § 1094.6, the city manager's decision shall be stayed automatically pending a final decision on the merits by the trial court. As used in this section, final decision on the merits does not include rehearing or appellate procedures.

(Ord. 2014, 2/24/2026)

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter. A violation of this chapter shall be punished by:

1. An administrative fine not exceeding $100.00 for a first violation.

2. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.

3. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.

4. Rescinding the vending permit issued to the vendor for the remaining term of that permit upon the fourth violation or subsequent violations.

B. A violation consisting specifically of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection A of this section, be punished by:

1. An administrative fine not exceeding $250.00 for a first violation.

2. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.

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

C. If an individual is subject to the provisions of subsection B of this section, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the city, the administrative fines set forth in this chapter shall be reduced to the administrative fines set forth in subsection A of this section, respectively.

D. The proceeds of any administrative fines assessed pursuant to this chapter shall be deposited in the treasury of the city.

E. Failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this chapter shall not be assessed.

F. Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law.

G. When assessing an administrative fine pursuant to this chapter, the adjudicator shall take into consideration the person's ability to pay the fine. The city shall provide the person 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. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

1. If the person meets the criteria described in subdivision (a) or (b) of Cal. Government Code § 68632, the city shall accept, in full satisfaction, 20% of the administrative fine imposed pursuant to this chapter.

2. The city may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

H. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

I. Nothing contained herein shall be construed to impede the city's or county's ability to enforce county health department codes and regulations.

(Ord. 2014, 2/24/2026)