Vernon Municipal Code Ch. 12.10 Sidewalk Vending

Sidewalk vending promotes entrepreneurship and can provide a vibrant street scene. The procedures and standards in this chapter are intended to provide an orderly framework allowing street vending while protecting the health and wellbeing of the public.

(Ord. 1276 § 6, 2022; Ord. 1311, 4/7/2026)

As used in this chapter, the following meanings shall apply:

"Immigration enforcement"

means "immigration enforcement" as that term is defined in Government Code Section 51036(f), including, any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any State or Federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any State or Federal criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in, the United States.

"Personally identifiable information"

means "personally identifiable information" as that term is defined in Government Code Section 51036(e), including 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"

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

"Sidewalk vending receptacle"

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

"Sidewalk vendor"

means a person who sells food or merchandise from a sidewalk vending receptacle, or from one's person, upon a public sidewalk or other pedestrian path.

"Stationary sidewalk vendor"

means a sidewalk vendor who vends from a fixed location.

(Ord. 1276 § 6, 2022; Ord. 1311, 4/7/2026)

A. Only sidewalk vendors with valid sidewalk vending permits issued by the Public Works Director may vend upon the City's public streets or rights-of-way.

B. A sidewalk vending permit shall be valid for a period of one (1) year from the date of issuance, unless sooner revoked as set forth in this chapter.

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;

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

e. Provide proof of liability insurance as required by, and in a form acceptable to, the Finance Department.

2. A copy of a California's driver's license or identification card, an individual taxpayer identification number, or a Social Security number.

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

4. A copy of a valid mobile food permit issued by the City of Vernon Health and Environmental Control Department, as required.

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

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 Vernon City Code.

E. The Public Works Director shall deny the application if the applicant does not submit one or more of the items required by the application form.

F. All personally identifiable information submitted to the City pursuant to this chapter, including, but not limited to, any personally identifiable information submitted by an applicant for a sidewalk vending permit application pursuant to this section, shall not be a public record and shall not be disclosed by the City in response to a California Public Records Act (Cal. Gov. Code § 7920.000 et seq.) request. Additionally, all personally identifiable information, and any records obtained by the City in connection with this chapter that contain such information, shall be kept confidential pursuant to Government Code Section 51038 and shall not be disclosed or otherwise provided in any manner to any individual without a subpoena or judicial warrant except as permitted in Government Code Section 51038.

(Ord. 1276 § 6, 2022; Ord. 1311, 4/7/2026)

A. To maintain accessibility standards for the disabled, every sidewalk vendor operating on any public street or right-of-way must ensure that no obstruction is placed in the public street or right-of-way that would reduce the width of the public street or right-of-way to less than forty-eight (48) inches, exclusive of the top of the curb. No obstruction shall be located in a public street or right-of-way less than six (6) feet in width when the sidewalk is adjacent to the curb.

B. To prevent food-borne illness and protect the health and safety of the City's residents, every sidewalk vendor selling any food or beverage is required to adhere to the provisions of California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code).

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

D. No equipment or objects used for sidewalk vending purposes may be left unattended in public spaces or in any portion of the public street or right-of-way from 10:00 p.m. to 6:00 a.m. Any equipment or objects left overnight in public spaces or in any portion of the public street or right-of-way will be considered discarded and may be seized or disposed of by the City in accordance with this chapter.

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 sidewalk vending receptacle when operating in the public street or right-of-way.

F. To preserve accessibility to private and public facilities, a sidewalk vendor operating on any public street or 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 shall not engage in the selling of alcohol, cannabis, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or cannabis, or adult-oriented material depicting, describing or relating to sexual activities.

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

I. No sidewalk vending receptacle shall contain or use propane, natural gas, or other explosive or hazardous materials. A sidewalk vendor may not use an open flame on or within any sidewalk vending receptacle.

J. 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.

K. The City Administrator or designee may adopt administrative regulations imposing additional requirements consistent with this chapter and all other applicable laws in order to regulate the time, place, and manner of vending.

(Ord. 1276 § 6, 2022; Ord. 1311, 4/7/2026)

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.

B. Sidewalk vending, within 500 feet of residential uses, is limited to the hours of 9:00 a.m. through 5:00 p.m.

C. Stationary sidewalk vendors are prohibited from operating within areas that are zoned exclusively residential and adjacent to residential uses.

D. A sidewalk vendor is prohibited from operating within five hundred (500) feet of any area subject to a temporary use permit or a special event permit for the duration of the temporary use or special event permit.

E. 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 five hundred (500) feet of a public or private school.

F. To limit traffic congestion and protect the safety of transit riders from potential adverse safety impacts due, in part to sidewalk congestion, no sidewalk vendor is permitted to operate within five hundred (500) feet of a transit stop.

(Ord. 1276 § 6, 2022; Ord. 1311, 4/7/2026)

A. Any violation for failure to obtain a permit as mandated by this chapter is punishable by an administrative fine not to exceed:

1. A written warning for a first violation;

2. $250 for a second violation; or

3. $500 for a third violation within one (1) year of the second violation; or

4. $1,000 for each additional violation within one (1) year of the second violation.

B. Any violation of any other provision of this article is punishable by an administrative fine not to exceed:

1. A written warning for a first violation;

2. $100 for a second violation; or

3. $200 for a third violation within one (1) year of the second violation; or

4. $500 for each additional violation within one (1) year of the second violation.

5. The Public Works Director may rescind a sidewalk vendor 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. However, the City may levy a lien on the violator's real or personal property, including the receptacle used for vending purposes, in accordance with applicable law.

D. An administrative violation under this section 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 section.

(Ord. 1276 § 6, 2022; Ord. 1311, 4/7/2026)

A. Any fine issued under Section 12.10.060 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 125% 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 will limit the total amount of the requestor's administrative fine to 20% of the total.

(Ord. 1276 § 6, 2022; Ord. 1311, 4/7/2026)

The City may dispose of the sidewalk vending receptacle (including any associated merchandise, food, equipment, or objects) if not claimed within 30 days of removal by City, or if an administrative appeal is filed related to the removal, then after the final decision in the administrative appeal.

(Ord. 1276 § 6, 2022; Ord. 1311, 4/7/2026)

A sidewalk vending permit may be revoked pursuant to the revocation procedures, as applicable, set forth in Section 5.04.320 of this Code.

(Ord. 1276 § 6, 2022; Ord. 1311, 4/7/2026)

Notwithstanding any other provision of this Code, the City shall conduct all activities and/or actions relating to the enforcement of this chapter in compliance with the requirements of applicable State law, including, but not limited to, Government Code Section 51039(h) through (j):

A. The City shall not do any of the following during its enforcement of the requirements of this chapter:

1. Use any City funds or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this chapter;

2. Inquire into an individual's immigration status;

3. Place City personnel under the supervision of an agency conducting immigration enforcement, or employ local authority personnel deputized under the authority of an agency conducting immigration enforcement; or

4. Use an officer or employee of an agency conducting immigration enforcement as an interpreter for City matters, or use City officers or employees as interpreters for officers or employees of an agency conducting immigration enforcement.

B. The limitations set forth in subsection A of this section shall apply to any nonpublic entity that the City has delegated or assigned authority to, or has entered into a contract with, for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter.

C. This section does not prohibit or restrict City personnel from sending to, or receiving from, Federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from Federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other Federal, State, or local governmental entity, pursuant to 8 U.S.C. §§ 1373 and 1644.

(Ord. 1311, 4/7/2026)