Ventura Municipal Code Ch. 6.1050 Sidewalk Vending (CA)

6.1050.010 Definitions.

For purposes of this chapter, the following words are defined and shall be construed as hereafter set forth unless it shall be apparent from the context that they have a different meaning:

“Cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

“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.

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

“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 vendors include roaming sidewalk vendors and stationary sidewalk vendors. This definition excludes peddlers, itinerant merchants, and solicitors as defined in Section 6.200.070.

“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.

“Vend” or “vending” refers to operating as a sidewalk vendor. (Ord. No. 2024-007, § 2, 10-22-24)

6.1050.020 Applicability.

The requirements of this chapter shall not apply to the following persons:

A. Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.

B. Persons selling goods, wares, merchandise, or food from a motorized vehicle, including food trucks. (Ord. No. 2024-007, § 2, 10-22-24)

6.1050.030 Business tax certificate and special business permit required.

A. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid city business tax certificate in accordance with Chapter 4.155, and complying with all requirements of this code, unless such person qualifies for an exemption under Chapter 4.155.

B. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a special business permit in accordance with this chapter, and complying with all requirements of the permit, unless such person qualifies for an exemption under this chapter.

C. The special business permit shall be valid from date of approval until June 30th in a given year unless revoked or suspended prior to expiration. An application to renew a special business permit under this chapter shall be made not later than 60 days before the June 30th expiration of the current permit. A valid business tax certificate shall be applied for or renewed concurrently with the special business permit each year.

D. A separate business tax certificate and special business permit shall be required for each cart. (Ord. No. 2024-007, § 2, 10-22-24)

6.1050.040 Requirements for permit application.

An application for a special business permit for sidewalk vending shall include all of the following, to the extent applicable:

A. The name, address, and telephone number of the applicant and each person who will operate the cart.

B. A photo identification of the applicant and name and photo identification for each person who will operate the cart.

C. A description of the cart, including the dimensions of the cart, and a photograph of the cart.

D. A complete list of the food or merchandise to be sold.

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

F. The vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number).

G. A city of San Buenaventura business tax certificate.

H. A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.

I. A certification by the applicant that, to his or her knowledge and belief, the information contained in the application is true. (Ord. No. 2024-007, § 2, 10-22-24)

6.1050.050 Identification numbers – Confidentiality.

Notwithstanding any other requirement in this code, an applicant for a business tax certificate or special business permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the city shall accept a California driver’s license or other state or federal identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order. (Ord. No. 2024-007, § 2, 10-22-24)

6.1050.060 Operational standards.

A. Each sidewalk vendor must display a valid special business permit sticker at all times, in public view, within his or her immediate vicinity, which permit shall be issued by the city. Each sidewalk vendor must possess on their person, at all times during which they are operating as a sidewalk vendor, valid state-issued personal identification, such as a driver’s license.

B. All sidewalk vendors shall comply with the terms and conditions of the special business permit and shall not sell any food or merchandise that was not listed in the special business permit application.

C. No stationary sidewalk vendor may operate in any residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones.

D. In order to preserve the peace, safety, and tranquility of residential neighborhoods, no sidewalk vendor may operate in any residential zone earlier than 8:00 a.m. or later than 30 minutes before sunset.

E. In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof or awning, of 84 inches.

F. In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor.

G. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.

H. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area, including a sanitized and neat appearing cart, within a 10-foot radius around the vendor’s cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing.

I. In order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.

J. In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.

K. In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park or other public property.

L. In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles.

M. In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes.

N. In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.

O. In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart. (Ord. No. 2024-007, § 2, 10-22-24)

6.1050.070 Location of carts.

In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers’ markets, swap meets, and city-permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way:

A. Any area other than a public sidewalk or pedestrian path.

B. Within 15 feet of a fire hydrant, fire call box, or other emergency facility.

C. Within 15 feet of an entrance to or emergency exit of any building or business during the hours that the building or business is open to the public.

D. Within 25 feet of the outer edge of a driveway or driveway apron.

E. Within 15 feet of a transit stop.

F. Adjacent to any marked loading zone or bus zone.

G. Within 25 feet of a curb return.

H. Any location that would impede entering or exiting a parked vehicle.

I. Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than four feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.

J. Within 600 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet during the operating hours of the certified farmers’ market or swap meet.

K. Within 600 feet of a city-permitted special event, including but not limited to parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 600 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 600 feet of the parcel boundary for the location of the event.

L. Within 600 feet of any public or private school grounds between 7:00 a.m. and 7:00 p.m. on school days, or while the same is in use, including for afterschool child care, clubs, enrichment classes, and sports.

M. Upon or within any roadway, median strip, or dividing section.

N. Any public sidewalk location when the straight path would not allow for 48 inches, or as the law updates, of clear width walking space of any sidewalk to be in compliance with Americans with Disabilities Act (ADA) regulations.

O. Any public sidewalk location where there is a ramp, corner curb, or curb ramp when the location would not allow for 60 inches approaching the turn, 96 inches at the turn, and 60 inches leaving the turn, or as the law updates, of clear width walking space of any sidewalk to be in compliance with ADA regulations. (Ord. No. 2024-007, § 2, 10-22-24)

6.1050.080 Special requirements for vending in city parks.

No stationary sidewalk vendor may operate in a city-owned or city-operated park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

No stationary sidewalk vendor may sell or offer for sale any merchandise, article or thing of any kind or nature, including professional services, except in accordance with a sidewalk vending permit issued in accordance with this chapter, as specifically authorized in writing by the city manager or designee, or pursuant to an agreement approved by the city council. (Ord. No. 2024-007, § 2, 10-22-24)

6.1050.090 Special requirements for the sale of food.

All sidewalk vendors that prepare or sell food must be in compliance with all county and state permitting and licensing requirements for the preparation or sale of food. (Ord. No. 2024-007, § 2, 10-22-24)

6.1050.100 Penalties.

For purposes of this section, “sidewalk vending program” refers to the provisions of Sections 6.1050.060 through 6.1050.090, inclusive, and the requirement to obtain a special business permit pursuant to Section 6.1050.030(B).

A. A violation of any provision in Sections 6.1050.060 through 6.1050.090, inclusive, may only be punished by the following:

An administrative fine not exceeding $100.00 for a first violation.
An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
Rescission of the sidewalk vendor’s special business permit for the term of that permit upon the fourth violation or subsequent violations. A vendor whose special business permit is to be rescinded shall be provided written notice of the rescission and may request an appeal by informing the city in writing within 15 days of issuance of the notice of rescission.

B. Vending without a special business permit may be punished by the following:

An administrative fine not exceeding $250.00 for a first violation.
An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.

Upon proof of a valid special business permit, an administrative fine imposed under subsection B of this section shall be reduced to the respective administrative fine set forth in subsection A of this section.

C. No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed by subsections A and B of this section.

D. Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in Sections 6.1050.060 through 6.1050.090, inclusive, nor a failure to pay an administrative fine, imposed by subsection A or B of this section shall be punishable as an infraction or misdemeanor.

E. Any person who receives an administrative fine under subsection A or B of this section shall have the right to request an ability-to-pay determination.

The city shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.
A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.
Upon receipt of a request for an ability-to-pay determination, the city manager or his or her designee shall determine whether such person meets the criteria described in Section 68632(a) or (b) of the Government Code. The determination of the city manager or his or her designee shall be final.
If the person meets the criteria described in Section 68632(a) or (b) of the Government Code, the city shall reduce the fine to 20 percent of the amount of the fine originally imposed.

F. The city manager may, in his or her discretion, allow a person who receives an administrative fine under subsection A or B of this section to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

G. Nothing in the chapter shall be construed to limit the city’s ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this code. (Ord. No. 2024-007, § 2, 10-22-24)