Wasco Municipal Code Ch. 5.40 Sidewalk Vending and Business Use of Sidewalks

Sections: 5.40.010 Purpose. 5.40.020 Definitions. 5.40.030 Permitted uses. 5.40.040 Sidewalk vending permits. 5.40.050 Operational requirements for sidewalk vending. 5.40.060 Placement of stationary or mobile carts. 5.40.070 Compliance.

The purpose of this chapter is to establish a well-regulated sidewalk vending program in accordance with Government Code Sections 51036 through 51039 that would encourage entrepreneurship, and provide economic opportunity for people to support themselves and their families. The sidewalk vending program will provide regulations that are needed to address health, safety and welfare concerns within the pedestrian areas of the public right-of-way, prevent unsanitary conditions, ensure trash and debris are removed by vendors, accommodate a vendor’s equipment while safeguarding pedestrian movement on the sidewalk, and provide a simple way to ensure vendors prepare food safely and according to the Kern County department of public health requirements. (Ord. 699 §2, 2018).

"Cart" means, collectively, a stationary cart or a mobile cart.

"City" means the city of Wasco, a municipal corporation.

"Food" means any edible substance or beverage.

"Goods or merchandise (merchandise)" means any item that is not food.

"Mobile cart" means a piece of equipment used for vending, which is mobile, has no motor and is capable of being propelled by a single person.

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

"Sidewalk" means any paved surface within the public street right-of-way provided for the exclusive use of pedestrians.

"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.

"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. (Ord. 699 §2, 2018).

Sidewalk vendors within nonresidential areas shall only sell merchandise or food that is compliant with all city of Wasco Municipal Code land use regulations for properties adjacent to the vendor’s location. (Ord. 699 §2, 2018).

A. Every person who engages in sidewalk vending is a vendor and must first obtain a valid city of Wasco business license pursuant to Section 5.04.025 and a sidewalk vendor permit prior to the sale or vending of any merchandise or food on the sidewalk.

B. Every vendor must vend in compliance with the terms and conditions of the business license and sidewalk vendor permit.

C. To obtain a sidewalk vendor permit, vendors must complete a sidewalk vendor application with the community development department and pay the respective fee noted in the master fee schedule. This application is not renewable, and a new application must be completed on an annual basis. An application for a sidewalk vendor permit shall include the following information:

1. Vendor shall provide proof of liability insurance in the amount of one million dollars naming the city of
Wasco as an additionally insured.

2. A vendor who sells food shall certify completion of a food handler course and present a copy of the
California food handler card. A vendor who sells food shall also present a copy of required Kern County
environmental health permits.

3. A vendor must also submit proof of a valid California Department of Tax and Fee Administration seller’s
permit.

4. Vendor’s name, address, and telephone number.

5. If vendor is an agent of an individual or company, the name and business address of the principal.

6. A narrative description of the proposed sidewalk vending operation including:

a. Hours of day, days of week, and location of vending.

b. Manner in which vending will be conducted whether as a stationary sidewalk vendor or a roaming
sidewalk vendor and, if a roaming sidewalk vendor, indicate a proposed route.

c. If using cart or stationary booth or table, size of cart, booth or table.

d. Merchandise and/or food items to be sold.

D. Vendors must be in possession of a valid business license and sidewalk vendor’s permit at all times, and any cart used for vending must display a valid sidewalk vendor’s permit.

E. No sidewalk vendor’s permit is transferrable to another vendor or another cart. (Ord. 699 §2, 2018).

A. A stationary sidewalk vendor may not vend in a residential area. Only a roaming sidewalk vendor may vend in a residential area.

B. A stationary sidewalk vendor may vend in a commercial or industrial zone.

C. A vendor who vends in a residential area with a mobile cart shall move continuously, except when conducting a sale, which must last no more than seven minutes per sale.

D. A vendor must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to the use of existing municipal trash receptacles located on any block for use by the general public. A vendor must not dispose of customer trash in existing trash receptacles on sidewalks.

E. A vendor must maintain a clean and trash-free ten-foot radius from the vendor’s cart or point-of-sale during hours of operation and must leave the area clean at the end of the approved operating hours.

F. No cart or vendor’s trash receptacle may be left on the sidewalk after the vendor’s approved closing time.

G. No cart shall be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended.

H. A vendor must comply with California recycle laws and regulations. (Ord. 699 §2, 2018).

A. In order to adequately address health, safety and welfare concerns within the pedestrian areas of the public right-of-way, the placement of stationary sidewalk vendors, mobile carts, and/or the setup of booths or tables shall be prohibited in the following areas along public right-of-way sidewalks:

1. Within five feet of a marked crosswalk.

2. Within five feet of an unmarked crosswalk.

3. Within five feet of a fire hydrant, fire call box or other emergency facility.

4. Within five feet ahead and forty-five feet to the rear of a sign designating a bus stop.

5. Within a marked bus zone.

6. Within five feet of a bus bench.

7. Within ten feet of a transit shelter.

8. Within five feet of a driveway or driveway apron.

9. Within eighteen inches from the edge of the curb.

10. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than six feet,
or impedes access to or the use of abutting property, including, but not limited to, residences and places of
business.

11. Within the immediate vicinity of a permitted certified farmer’s market.

12. Within the immediate vicinity of an area designated for a temporary special event approved by the local
authority.

B. Notwithstanding any specific prohibitions in this subsection, no vendor shall install, use or maintain a cart where placement endangers the safety of persons or property.

C. A stationary vendor of food or merchandise shall be prohibited as follows:

1. In all city-owned parks where the operator of the park has signed an agreement for concessions that
exclusively permits the sale of food or merchandise by the concessionaire.

2. In areas that are zoned exclusively residential. (Ord. 699 §2, 2018).

A. A vendor issued a citation shall be subject to the following fines:

1. Vending without a valid permit or license:

a. An administrative fine of two hundred fifty dollars for a first violation.

b. An administrative fine of five hundred dollars for a second violation within one year of the first
violation.

c. An administrative fine of one thousand dollars for each additional violation within one year of the
first violation.

d. Upon proof of a valid permit issued by the city, the administrative fine shall be reduced to the
administrative fines set forth in paragraph (B), respectively.

2. Vending which violates a requirement in this section or the city of Wasco Municipal Code:

a. An administrative fine of one hundred dollars for a first violation.

b. An administrative fine of two hundred dollars for a second violation within one year of the first
violation.

c. An administrative fine of five hundred dollars for each additional violation within one year of the
first violation.

d. Permit revocation for the fourth violation within one year of the first violation.

B. When assessing an administrative fine, the city shall take into consideration the vendor’s ability to pay the fine. The city shall provide the vendor 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 vendor may request an ability-to-pay determination while the fine remains unpaid, including when a case is delinquent or has been referred to a collection program. (Ord. 699 §2, 2018).