Vallejo Municipal Code Ch. 5.02 Sidewalk/Right-of-Way/Path Vending, Peddlers and Solicitors

As used in this chapter the following meanings shall apply:

"Sidewalk" means the area of the public right-of-way which is designated or ordinarily used for pedestrian travel, and including also any paved or unpaved land within the right of way adjacent to any public street or highway. Sidewalk also includes other pedestrian paths located on public property.

"Sidewalk Vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. Sidewalk Vendor does not include a person who is a vendor at a properly licensed and permitted certified Farmer's Market or at an event properly permitted with a Special Event Permit or Temporary Use Permit where such vendors are identified as part of the specific event.

"Sidewalk vending receptacle" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.

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

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

"Peddler" means any person, (other than a Sidewalk Vendor), who, at any place in the city other than from a fixed place of business or from a Sidewalk, sells and makes immediate delivery or offers for sale and immediate delivery, any goods, wares, merchandise or thing, in the possession of the seller, from a vehicle or temporary structure such that passers-by are encouraged or solicited in any manner to stop and make purchases of such goods, wares, merchandise or thing, but shall not include salesmen or agents for wholesale houses or firms who sell to retail dealers for resale, or sell to manufacturers for manufacturing purposes, or to bidders for public works or supplies. Peddler does not include a person who is a vendor at a properly licensed and permitted certified Farmer's Market or at an event properly permitted with a Special Event Permit or Temporary Use Permit where such vendors are identified as part of the specific event.

"Solicitor" means any person (other than a Sidewalk Vendor) who, at any place in the city other than from a fixed place of business or from a Sidewalk, sells or takes orders, or offers to sell or take orders for any goods, wares, merchandise, or thing, for future delivery, or for services to be performed. Solicitor includes door to door salespersons, but shall not include salesmen or agents for wholesale houses or firms who solicit orders from retail dealers for resale, or solicit orders from manufacturers for manufacturing purposes, or to bidders for public works or supplies. Peddler does not include a person who is a vendor at a properly licensed and permitted certified Farmer's Market or at an event properly permitted with a Special Event or Temporary Use Permit where such vendors are identified as part of the specific event.

(Ord. No. 1876 N.C. (2d) , § 3, 12-17-2024)

A. Only sidewalk vendors with valid sidewalk vending permits issued by the public works director or designee, may vend upon the city's public rights-of-way, sidewalks or public parks.

B. A sidewalk vending permit shall be valid for a period of one (1) year from the date of issuance, unless sooner rescinded as set forth in Section 5.02.070(B)(4), below.

C. To apply for a sidewalk vending permit, the applicant must provide:

1. A completed application form containing:

a. Their name and mailing address;

b. Description of the merchandise offered for sale or exchange;

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

d. Certification that the information is true to his or her knowledge and belief.

2. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a Social Security number. Such information is not a public record and will remain confidential as required by Government Code section 51038(c)(4).

3. A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.

4. If vending includes food, a copy of a valid mobile food permit issued by the County of Solano Department of Public Health.

5. Certificate of insurance and endorsements for general liability insurance, naming the City of Vallejo as additional insured and in the amount required by the City's Risk Manager.

6. A statement indicating whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if the latter, the intended method and path of travel.

7. A description of the dimensions of the sidewalk vending unit, including the square footage of any display area, and a picture of each sidewalk vending unit operating under the permit.

8. If a vehicle is to be used, a description of the same, together with license number or other means of identification.

D. The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of the Vallejo Municipal Code.

E. Badges. The public works director or designee shall issue to each permittee at the time of delivery of their permit a badge which shall contain the words "Licensed Sidewalk Vendor" the period for which the permit is issued and the number of the permit, in letters and fonts easily discernible from a distance of ten feet. Such badge shall, during the time such permittee is engaged in sidewalk vending, be worn constantly by the permittee on the front of their outer garment in such a way as to be conspicuous.

(Ord. No. 1876 N.C. (2d) , § 3, 12-17-2024)

A. Except as set forth in Section 5.02.060, only a peddler or solicitor with a valid peddler/solicitor permit issued by the public works director or designee, may vend within the City.

B. A peddler/solicitor vending permit shall be valid for a period of one (1) year from the date of issuance, unless sooner rescinded as set forth in Section 5.02.070(B)(4), below.

C. To apply for a peddler/solicitor permit, the applicant must provide:

1. A completed application form containing:

a. Their name and mailing address;

b. Description of the merchandise offered for sale or exchange;

c. If the peddler/solicitor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation; and

d. Certification that the information is true to his or her knowledge and belief.

2. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a Social Security number. Such information is not a public record and will remain confidential as required by Government Code section 51038(c)(4).

3. A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.

4. If sales or offers for sales includes food which requires a mobile food vending permit, a copy of a valid mobile food permit issued by the County of Solano Department of Public Health.

5. Certificate of insurance and endorsements for general liability insurance, naming the City of Vallejo as additional insured and in the amount required by the City's Risk Manager.

6. If a vehicle is to be used, a description of the same, together with license number or other means of identification; and

D. The peddler/solicitor permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of the Vallejo Municipal Code.

E. Badges. The public works director or designee shall issue to each permittee at the time of delivery of their license a badge which shall contain the words "Licensed Solicitor," or "Licensed Peddler" the period for which the permit is issued and the number of the permit, in letters and fonts easily discernible from a distance of ten feet. Such badge shall, during the time such permittee is engaged in the activity subject to the permit, be worn constantly by the permittee on the front of their outer garment in such a way as to be conspicuous.

(Ord. No. 1876 N.C. (2d) , § 3, 12-17-2024)

A. To maintain accessibility standards for the city's disabled residents, every sidewalk vendor operating on any sidewalk shall ensure that no obstruction is placed: (1) in, on, over or near the sidewalk that would reduce the width of the sidewalk to less than forty-eight (48) inches, exclusive of the top of the curb; (2) that would interfere with traffic signage by being located within 100 feet of a traffic signal, stop sign, directional sign or commercial driveway; or (3) that would obstruct vehicular traffic.

B. To prevent food-borne illness and protect the health and safety of the city's residents, every sidewalk vendor, peddler or solicitor selling any food or beverage which is not in a pre-packaged container is required to wear a hairnet and food service gloves.

C. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way. A peddler/solicitor permit does not provide an exclusive right to operate within any specific portion or area of the city.

D. No equipment or objects used for sidewalk vending purposes may be left or maintained unattended in public spaces or in any portion of the public right-of-way. Any equipment or objects left unattended in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city.

E. To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way.

F. To preserve accessibility to private and public facilities, a sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed impeding entry to and exit from a business or residence or access to a public facility.

G. A sidewalk vendor, peddler/solicitor shall not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana, or live animals of any kind.

H. A sidewalk vendor, peddler/solicitor must carry a waste disposal bag or container to permit the disposal of trash, food, or liquids.

I. A sidewalk vendor shall not use an open flame on or within any sidewalk vending receptacle.

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

(Ord. No. 1876 N.C. (2d) , § 3, 12-17-2024)

A. Sidewalk vending hours' limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate twenty-four (24) hours. If other uses on the same street do not have uniform hours of operation, the hours of operation shall be the same as the majority of other businesses or uses on the same street.

B. Roaming sidewalk vending is limited to the operating hours of nine a.m. through six p.m. in areas that are exclusively residential.

C. Stationary sidewalk vending is prohibited from operating in areas that are exclusively residential.

D. A stationary sidewalk vendor is prohibited from operating in a city park if the city or other entity with control of a city park has entered into exclusive agreements for the sale of food or merchandise by one (1) or more concessionaires for that city park. A sidewalk vendor shall be prohibited from locating within five hundred (500) feet of a creek, river, drainage way, lake, reservoir or other body of water, any recreational equipment or other structure or building located within a city park.

E. A sidewalk vendor is prohibited from operating within five hundred (500) feet of a permitted certified farmers' market, or any area subject to an encroachment permit, temporary use permit, or special event permit, for special uses, including, but not limited to filming, parades, outdoor concerts, holiday events, community events, swap meets, art or cultural events, etc.

F. To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no sidewalk vendor is permitted to operate within two hundred fifty (250) feet of a public or private school during the period extending of one (1) hour before the start of classes and one (1) hour after the end of classes.

(Ord. No. 1876 N.C. (2d) , § 3, 12-17-2024)

The following are exempted from having to obtain a peddler/solicitor permit under this chapter:

A. Any charitable institution, organization or association organized and conducted for charitable purposes only.

B. Any religious, fraternal, educational, military, state, county or municipal organization or association conducting any business which is open to members thereof only and not open to the public.

C. Any religious, fraternal, educational, military, state, county or municipal organization or association conducting or staging any amusement or entertainment, concert exhibition, lecture, dance or athletic event, when the receipts derived are to be wholly for the benefit of such organization and not in the whole or any part for private gain of any person.

D. Any natural person under the age of seventeen years whose annual gross receipts from any and all business are five hundred dollars or less.

(Ord. No. 1876 N.C. (2d) , § 3, 12-17-2024)

A. Every person engaged as a sidewalk vendor, peddler or solicitor operating without a sidewalk vending, peddler/solicitor permit is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. Two hundred fifty dollars ($250.00) for a first violation; or

2. Five hundred dollars ($500.00) for a second violation within one (1) year of the first violation; or

3. One thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation.

B. Every person violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. One hundred dollars ($100.00) for a first violation; or

2. Two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; or

3. Five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

4. The public works director may rescind a sidewalk vending, peddler/solicitor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter.

C. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed.

D. An administrative violation constitutes a separate and distinct violation for each day that it exists, and each such violation may be subject to the maximum fine permitted under this chapter.

(Ord. No. 1876 N.C. (2d) , § 3, 12-17-2024)

A. Any fine issued under Section 5.02.070 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.

B. If the requestor is receiving public benefits under Government Code section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five (125) percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Public Works director shall limit the total amount of the requestor's administrative fine to twenty (20) percent of the total and may:

1. Allow the person to complete community service in lieu of paying the total administrative fine; or

2. Waive the administrative fine; or

3. Offer an alternative disposition.

(Ord. No. 1876 N.C. (2d) , § 3, 12-17-2024)