Visalia Municipal Code Ch. 5.72 Sidewalk Vendor Regulations

This chapter is for the purpose of establishing sidewalk vendor regulations that provides entrepreneurship opportunities while ensuring that the sale of food and merchandise within the public right-of-way is conducted in a manner that safeguards the health, safety, and welfare of the general public.

This chapter is not intended to apply to temporary/itinerant vendors, mobile food vendors that operate motorized vehicles or trailers registered with the California Department of Motor Vehicles, door-to door solicitors/peddlers, persons conducting yard sales at their residence, or special event vendors that sell merchandise at special events under an agreement with the organizer of that specific special event. These types of vendors are permitted under separate sections of the Visalia Municipal Code and are not subject to the requirements of this chapter.

This chapter is not intended to limit, restrict, or apply to protected rights of speech or expression in public right-of-ways, including but not limited to, passing out pamphlets or protesting in the public right-of-way.

(Ord. 2019-05 § 3 (part), 2019)

When used in this chapter, unless a different meaning clearly appears from context, the words stated in this section shall have the following meanings:

"Business tax certificate" means a business tax certificate as is required by Visalia Municipal Code Chapter 5.04. Sidewalk vendors are required to obtain both a business tax certificate and a sidewalk vendor permit to operate.

"Food" is defined as any type of edible substance or beverage.

"Person" one or more natural persons, individuals, group businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations whether engaged in business, either for profit or nonprofit.

"Public right-of-way vendor encroachment permit" a specific part of the sidewalk vendor permit required for stationary sidewalk vendors which describes the specific site location used by the stationary vendor, what the stationary vendor will be placing in the public right-of-way, the area that the stationary vendor is required to keep free from debris and trash, and an acknowledgment by the stationary vendor that they are subject to closure if the city requires the use of the space for a municipal purpose.

"Mobile cart" means a piece of equipment used for vending, which is mobile, has no motorized wheels and is capable of being propelled by a single person. A mobile cart can include but is not limited to pushcarts, pedal driven carts, wagons, or other types of nonmotorized conveyances.

"Public right-of-way" means areas or properties owned or held by the City of Visalia that are open to the general public for pedestrian travel and public parks.

"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. A roaming sidewalk vendor does not include a peddler or solicitor that makes uninvited entry onto private property for the purpose of selling goods or services or requesting/collecting donations.

"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. As described in this chapter sidewalk vendors can be classified as roaming vendors or stationary vendors.

"Sidewalk vendor permit" is the permit issued by the City of Visalia under this chapter and required for a sidewalk vendor to operate within the city limits. This type of permit is not the same permit required for door-to-door peddlers/solicitors, mobile food venders (motorized vehicles) temporary business/itinerant vendor, or special event vendors that are permitted/licensed under separate provisions of the Visalia Municipal Code. Sidewalk vendors are required to obtain both a business tax certificate and a sidewalk vendor permit to operate.

"Special event" means a parade, march, procession, pageant, review, ceremony, festival, assembly, or exhibition consisting of persons, animals or vehicles, or a combination thereof which is conducted in, or would impact, any portion of any city street, sidewalk, alley, or other public right-of-way, or other property owned or controlled by the city that required or involved the issuance of a permit for such usage by the city.

"Stationary cart" means equipment used for vending which has no motorized wheels and is not otherwise mobile once it has been transported and is set in a location for vending. This includes folding tables. The term stationary does not include trailers that can be pulled by a motorized vehicle and licensed by the Department of Motor Vehicles; this type of equipment shall be considered a mobile food vendor and is subject to separate provisions of the Visalia Municipal Code.

"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. This does not include restaurants or businesses at fixed locations that, pursuant to applicable rules and regulations for food safety and right-of-way encroachment, set up temporary outdoor sales locations at their locations.

"Vend" or "Vending" to sell, offer for sale, expose, or display for sale, solicit offers to purchase, or to barter food or merchandise.

(Ord. 2019-05 § 3 (part), 2019)

No person is permitted to operate as a sidewalk vendor within the City of Visalia without obtaining a sidewalk vendor permit. If a sidewalk vendor intends to sell food, then in addition to the business permit required under this chapter, the person must obtain all applicable licenses required to safely sell and serve food as required by state and local law. Copies of all required permits and licenses must be carried by the sidewalk vendor at all times either on the person of the vendor or attached to the mobile cart and be presented upon request.

(Ord. 2019-05 § 3 (part), 2019)

The City of Visalia shall prepare an application form for a sidewalk vendor permit. City may charge a fee based on the costs of the application. Sidewalk vendors must annually renew their sidewalk vendor permit and the business tax certificate must be renewed and paid separately from the sidewalk vendor permit. The form shall require the following items:

A. The name and current mailing address of the person requesting the sidewalk vendor permit. If the person is an agent of an individual, company, partnership, or corporation, then the person must submit the name and business address of the principal. As part of the sidewalk vendor permit the person must also obtain a business tax certificate from the City of Visalia.

B. Submit valid identification for the person to be issued and that will be responsible for the sidewalk vendor permit. Valid identification shall be a California driver's license or identification number, or a taxpayer identification number, a social security number is not required for valid identification. Any social security number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the applicable permit/license or comply with state law or applicable court order.

C. A description of the merchandise that will be offered for sale or exchange.

D. All sidewalk vendor applicants must submit with the sidewalk vendor permit application, copies of insurance certificates, listing the City of Visalia as additional insured that meet the same insurance requirements for encroachment permits to operate within the City of Visalia public right-of-way.

E. If the applicant intends to be a stationary sidewalk vendor, then the applicant as part of obtaining the sidewalk vendor permit shall apply for a public right-of-way vendor encroachment permit, which is part of the sidewalk vendor permit issued to stationary sidewalk vendors and not a separate permit. This requires the submission of the following:

1. A proposed site plan showing the planned location and what will be utilized by the stationary vendor in the public right-of-way as the stationary cart. City may reject stationary vendor site plans that do not allow adequate space for pedestrian access.

2. The proposed area around the stationary cart that the stationary sidewalk vendor will be responsible for maintaining from trash and debris due to their vending operation.

3. An acknowledgment from the stationary sidewalk vendor that they are not permitted to permanently install anything within the public right-of-way.

4. Stationary vendors must acknowledge that they have no permanent rights to utilize public property and are subject to temporary or permanent closure if the city requires the use of the right-of-way for a municipal purpose, which includes but is not limited to usage of the space by persons holding valid rights under franchises, or if another permitted use, other than another sidewalk vendor, requires the space on a temporary basis.

5. The community development director or that person's designee shall review the public right-of-way vendor encroachment permit application prior to issuance and may require modifications of specific site proposals to meet objective health, safety, or public welfare concerns.

6. Any stationary vendor seeking to utilize park property will also be subject to review by the parks and recreation department director, or that person's designee. Vendor permit applications are subject to denial if the proposed location would interfere with the public's use and enjoyment of natural resources or recreational opportunities, such as blocking equipment, sports fields, or walkways. Vendor permit applications may also be denied if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, which may include limiting the total number of vendors allowed in a park.

7. Stationary vendors must acknowledge that if they seek to utilize private property and not the public right-of-way then they shall be subject to separate applicable rules regarding usage of the private property and subject to all applicable zoning requirements concerning usage of private property.

F. If the applicant intends to be a roaming sidewalk vendor, then the applicant shall include the proposed areas of the city that the vendor intends to operate within. Roaming sidewalk vendors are not permitted on private property without the written permission of the property owner. Roaming vendors seeking to utilize park property will also be subject to review by the parks and recreation department director, or that person's designee, and vending in certain parks or park locations may be denied or restricted if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, which may include limiting the total number of roaming vendors that are allowed in a specific park.

G. The seller's permit (issued by the California Department of Tax and Fee Administration) number, if required, for the person requesting the sidewalk vendor permit.

H. If the sidewalk vendor will be selling food, then the person must submit proof that they have completed all requirements for selling food as required by the Tulare County Environmental Health Department prior to being issued a sidewalk vendor permit from the City of Visalia. In order to avoid potential risks to the health, safety, and welfare of the public it is hereby declared to be a public nuisance for a sidewalk vendor to sell food without complying with all required food safety and licensing requirements that are required by state and local law.

I. The application must be signed by person requesting the sidewalk vendor permit and certifying that to that person's knowledge and belief the information contained on the form is true.

(Ord. 2019-05 § 3 (part), 2019)

The following requirements apply to both stationary and roaming sidewalk vendors:

A. Sidewalk vending is prohibited within one thousand feet (1000') from any permitted certified farmers' market or a permitted swap meet during the operating hours of that certified farmers' market or swap meet. A "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. A "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.

B. Sidewalk vending is prohibited within one thousand feet (1000') from any special event that is operating pursuant to a permit issued by the City of Visalia. This prohibition shall only be in effect during the duration of the special event permit and does not apply to sidewalk vendors that are selling food or merchandise with the permission of the special event applicant and are specified as part of the special event permit. The special event applicant must provide the city with the locations of stationary sidewalk vendors and the routes of roaming sidewalk vendors that will be permitted by the special event applicant prior to the issuance of a special event permit. Roaming sidewalk vendors during special events must carry a copy of the permission from the special events applicant with them at all times during the special event.

C. Sidewalk vending is prohibited within one thousand feet (1000') from the exterior boundary of any property used or occupied by any high school, junior high or elementary school for the period of one hour before the school is in session, while the school is in session and one hour after the school day ends. This provision does not apply if the vendor is present at the invitation of the school.

D. Sidewalk vending on trails or parkways that are operated by the City of Visalia for pedestrian/bicycle usage is prohibited in order to ensure the public's use and enjoyment of the natural resources and recreational opportunities provided by these trails. Prohibiting sidewalk vending on these trails is intended to prevent an undue concentration of commercial activity in areas designated as recreational open space and not otherwise intended for commercial uses. In addition, sidewalk vending would block the usage of the trail and unreasonably interfere with the scenic and natural character of the trail areas.

E. In recognition that many nonprofit recreational leagues operate concession stands as primary fundraising for such leagues, which provide recreational opportunities to the public, sidewalk vendors, roaming or stationary, are prohibited within one thousand feet (1000') of any events put on by nonprofit recreational leagues that are operating concession stands as fundraising sources.

F. Sidewalk vendors must, at all times during operations on a public sidewalk or pedestrian path, maintain a minimum width of five feet (5') of unobstructed sidewalk for pedestrian traffic and must also meet all other requirements for pedestrian travel that are required pursuant to the Americans with Disabilities Act or other access standards for persons with disabilities. Sidewalk vendors may not be located within five feet (5') of any pedestrian ramp, driveways, trash cans within the public right-of-way, drinking fountains, push buttons for traffic signals, bus stops, or other right-of-way element that requires pedestrian access. If any lines of customers block or interfere with any pedestrian ramp, driveways, trash cans within the public right-of-way, drinking fountains, push buttons for traffic signals, bus stops, or other right-of-way element that requires pedestrian access then the sidewalk vendor must relocate to another sidewalk location to avoid such interference.

This rule is to provide adequate space for disability access within the public right-of-way. This rule shall not apply to a roaming sidewalk vendor making a sale to a bona fide purchaser during the allotted time period, although the vendor shall make all reasonable efforts to comply with requests from pedestrians to move out of the way as soon as possible and not obstruct the sidewalk. Failure by a sidewalk vendor to move or cease business when they are not providing the minimum width of unobstructed sidewalk for pedestrian traffic shall be violation of this chapter.

In areas where the street contains striped parking stalls, (for the purposes of this chapter, striped parking stalls refer to individually parked spaces for vehicles that are grouped to maximize available space, not vehicle parking spaces that are parallel with a sidewalk, even when such parallel parking spaces are marked) with sidewalk vendors must maintain a minimum width of five feet (5') of unobstructed sidewalk from the curb to allow for persons or passengers exiting or entering the vehicles parked in such stalls sufficient space for directly accessing the sidewalk from the vehicle and not be required to travel in the street to reach the sidewalk.

G. Sidewalk vending is prohibited within ten feet (10') from entrances of businesses and bus stops to prevent obstructing access and to allow pedestrians adequate space in the public right-of-way to reach destinations.

H. The city council may, by resolution adopted during a public meeting, prohibit sidewalk vending in specific areas within the city limits upon a finding that sidewalk vending should be prohibited in such areas due to health, safety, or welfare concerns. Such findings may include, but are not limited to, situations involving areas with both substantial vehicle traffic and substantial pedestrian traffic in locations presenting risks of pedestrians improperly crossing streets or entering the street when sidewalks are blocked. If any such resolutions are adopted, then the locations of prohibited vending shall be indicated and provided to sidewalk vendor permit applicants.

I. Sidewalk vendors must maintain sanitary conditions and carry a trash container so customers can deposit waste from sold merchandise or wrappers.

J. Hours of sidewalk vending shall be the same as other businesses that are operating in the vending area. For sidewalk vendors operating in a park, then the hours shall be the same hours of operation as the park.

K. Sidewalk vendors are prohibited from operating within streets, medians, crosswalks (although roaming vendors may cross in such areas as other pedestrians) or other areas that are marked closed to pedestrian traffic.

L. Sidewalk vendors are subject to all other applicable rules, regulations, and ordinances.

(Ord. 2019-05 § 3 (part), 2019)

In addition to the rules applicable to all sidewalk vendors the following rules shall specifically apply to stationary sidewalk vendors:

A. Stationary sidewalk vendors are prohibited in all areas zoned exclusively for residential use.

B. Stationary sidewalk vendors are prohibited within one thousand feet (1000') of any city park area during the hours of operation of a concession operator that has signed a contract with the City of Visalia for exclusive sale of food or merchandise by that concession operator.

C. Stationary carts that utilize cook tops in the public right-of-way must conform with all applicable rules and regulations imposed by the Tulare County Department of Environmental Health, California Fire Code, and all other applicable state laws and regulations.

D. Stationary sidewalk vendors may not be located within ten feet (10') feet of an intersection to maintain sufficient lines of sight for vehicles approaching intersections to see pedestrians and other vehicles.

E. Stationary vendors must keep the areas immediately adjacent to their location free from trash and debris caused by their operation and are subject to suspension or loss of their permit if they fail to keep the area adjacent to their location free trash and debris caused by their operation. Applicable areas may be indicated in the public right-of-way vendor encroachment portion of the sidewalk vendor permit issued to stationary vendor.

F. Stationary vendors located in park areas must completely pack and remove all items brought into the park at the end of each day, and upon request by park personnel must close and remove all items if the location of the vendor interferes with park maintenance activities.

(Ord. 2019-05 § 3 (part), 2019)

In addition to the rules applicable to all sidewalk vendors, the following rules shall specifically apply to roaming sidewalk vendors:

A. Roaming sidewalk vendors shall remain mobile and may not stand or park at any specific location place for more than ten minutes, unless the vendor is otherwise stopped for a personal break, or as necessary to complete a transaction(s) at the request of a bona fide purchaser(s) that approached the roaming vendor while stopped.

B. Roaming sidewalk vendors are not permitted to knock on doors of homes or businesses to vend under a sidewalk vendor permit. Such attempts at peddling or soliciting shall be considered door to door sales and require a separate type of business permit under the Visalia Municipal Code.

C. Sidewalk vendor permits issued by the City of Visalia only allow for vending on publicly owned right-of-ways, as limited by this chapter. Roaming sidewalk vendors are not permitted on private property without the permission of the property owner and must meet all underlying zoning requirements to operate on private property.

D. Roaming sidewalk vendors are permitted in areas zoned exclusively for residential use but hours of operation are limited to between the hours of nine a.m. and one hour prior to sunset or seven p.m., whichever is earlier.

E. In order to ensure the health, safety, and welfare of pedestrians, mobile carts used by roaming sidewalk vendors are not permitted to be utilized as a cook top for food preparation when the food being prepared requires the cooking or heating of food in order for it to be consumed.

(Ord. 2019-05 § 3 (part), 2019)

A violation of this chapter is punishable as follows:

A. For the first violation by an administrative fine not exceeding one hundred dollars.

B. For the second violation within a twelve-month period, by a fine not exceeding two hundred dollars.

C. For the third or subsequent violations within a twelve-month period, by a fine not exceeding five hundred dollars.

Persons cited more than three of more violations within a twelve-month period may also be subject to suspensions, permit modifications, permit revocation, or other forms of abatement actions by the city that are otherwise permitted by state and local law.

Operating as a sidewalk vendor without applicable permits/licenses, either from the City of Visalia or applicable food safety/handling permits from the Office of the Tulare County Environmental Health, is subject to a separate administrative fine schedule as follows:

A. For the first violation by an administrative fine not exceeding two hundred and fifty dollars.

B. For the second violation within a twelve-month period by an administrative fine not exceeding five hundred dollars.

C. For the third violation within a twelve-month period by an administrative fine not exceeding one-thousand dollars.

Violations of this chapter are not punishable as an infraction or misdemeanor and persons alleged to violate this chapter shall not be subject to arrest.

This section does not prevent code enforcement personnel from taking immediate action, such as seizing items, to abate unsafe and dangerous conditions to the public, which include but are not limited to vendors selling food without proper licensing.

(Ord. 2019-05 § 3 (part), 2019)

Persons cited for violating this chapter may request an administrative appeal hearing as permitted by Visalia Municipal Code Chapter 1.13. In addition to the standard administrative appeal procedure persons cited under this chapter shall be notified that they have the right to request an ability to pay determination by the hearing officer if they are found to be in violation after the appeal hearing or if the person does not dispute the violation and solely requests an ability to pay determination. The City of Visalia shall charge no administrative appeal fee for an ability to pay determination hearing. The hearing officer for an ability to pay appeal hearing may be designated by the City Manager.

The hearing officer, when considering ability to pay, shall consider whether the person cited meets the criteria set forth in Government Code Section 68632, subsection (a) or (b), or other provision concerning the waiver of court fees and costs. If the criteria of either of these subsections are met, then hearing officer shall reduce the fine to twenty percent (20%) of the amount imposed under this chapter.

(Ord. 2019-05 § 3 (part), 2019)