Whittier Municipal Code Ch. 12.54 Sidewalk Vendors

Footnotes:

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Editor's note— Ord. No. 3101, § 2, adopted May 14, 2019, repealed Ch. 12.54, §§ 12.54.010—12.54.040, and enacted a new chapter as set out herein. The former Ch. 12.54 pertained to street vendors and derived from Ord. 2626, § 1(part), adopted in 1994; and Ord. 2869, § 41, adopted in 2006.

A. "Certified farmers' market" means a location operated in accordance with Chapter 10.5 of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

B. "Chief of police" means the city of Whittier chief of police or designee.

C. "Director" means the director of administrative services of the city of Whittier or designee.

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

E. "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.

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

G. "Swap meet" means a location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

(Ord. No. 3101, § 2, 5-14-19)

It shall be unlawful for any person to engage in any sidewalk vending activity within the city without having first obtained a sidewalk vendor permit from the director. Sidewalk vendor permits shall expire one year after their issuance.

(Ord. No. 3101, § 2, 5-14-19)

A. The director shall develop a sidewalk vendor permit application form and procedures for reviewing and issuing the permits consistent with the requirements of this Chapter 12.54. Such applications shall be accompanied by a fee to defray, in part, the cost of the investigation and review required by this section in an amount set by resolution of the city council. Fees required under this section shall be in addition to any other license, permit or fee required under this section or any other provision of the Whittier Municipal Code.

B. Insurance. Sidewalk vendors shall not be permitted to operate within the city without first having obtain general liability insurance in the amount of one million dollars with coverage related to all activities associated with sidewalk vending activities, with the city named as an additional insured. Sidewalk vendors shall submit a certificate of insurance evidencing they have obtained this required insurance together with the completed application for sidewalk vendor permit.

(Ord. No. 3101, § 2, 5-14-19)

A. Neither the filing of an application for a sidewalk vendor permit, nor the payment of the application fee shall authorize sidewalk vending activities. Prior to authorizing the sidewalk vendor permit, each new individual sidewalk vendor and his/her merchandise shall be approved by the city. Following such approval, and prior to commencement of operation of any new sidewalk vendor, the owner will be responsible for providing the following completed documentation to the city and during the term of such owner's participation shall continue to keep current the following:

1. Name of the business.

2. Name of the applicant.

3. If a corporation, articles of incorporation.

4. Present residence of the applicant and phone number.

5. Business address of the applicant and phone number.

6. A description of the merchandise which the pushcart will vend.

7. Number of pushcarts owned, operated, leased, controlled or contracted by the applicant to be used in the city.

8. A description of the logo, color scheme, insignia and any other distinguishing characteristics of the applicant's sidewalk vendor conveyances and description of the sidewalk vendor's uniform.

9. The full and true names and residences of all persons employed, contracted, leased or otherwise given control of the applicant's pushcart(s).

10. California driver's license, state issued photographic identification, or similar identification approved by the chief of police of the above described persons.

11. Date of birth of the above described persons.

12. Any other license or permit as warranted.

13. The owner shall be responsible for ensuring that all food service permits are obtained from the Los Angeles County Department of Health Services. Copies of current County of Los Angeles Health Department permits, including individual permits for each cart, must be provided to the chief of police prior to receiving a sidewalk vendor permit for the affected pushcart business. The owner also shall be responsible for ensuring that the commissary(s) have the appropriate and current health/food permits with a copy provided to the director.

14. At the time of application, two photographs of the sidewalk vendor and of each of the applicant's employees, at least two inches by two inches in size, taken within the six-month period immediately preceding the date of the application shall be submitted.

15. The applicant's fingerprints and the fingerprints of all employees of the applicant. The applicant and all employees shall complete the Live Scan fingerprint process and are responsible for paying any fees associated with this check.

B. Investigation of Application. The chief of police, director, or designee shall investigate the application and background of the applicant for a sidewalk vendor license within a reasonable period of time. The chief or designee report the results of the background investigation to the director who shall, within thirty days after the date of the filing of the application, approve or deny the application for the license or renewal thereof. If an application is deemed pending as set forth in subdivision (D) below, the director shall, within thirty days after the adjudication of the pending criminal matter, approve or deny the application for the sidewalk vendor license or renewal thereof.

C. Issuance of Permit. After receiving the application, the director shall issue the sidewalk vendor permit only if it is found that all of the following requirements have been met:

1. The required fees have been paid.

2. The application conforms in all respects to the provisions of this Section regulating sidewalk vendors.

3. The applicant has not knowingly made a material misrepresentation of fact in the application.

4. The applicant has fully cooperated in the investigation of the application.

5. Neither the applicant nor any operator of a pushcart or other vending conveyance has been convicted or pleaded nolo contendere or guilty within five years prior to his/her application for a sidewalk vendor license to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including but not limited to: the sale of a controlled substance as specified in California Health and Safety Code Sections 11054 through 11058, and crimes involving any of the following actions, which are considered crimes of moral turpitude for the purposes of this subsection: assault with intent to commit murder, attempted lewd acts on a minor, arson, burglary, child abuse, criminal threats, domestic violence when committed against a spouse, failure to register as a sex offender, felon in possession of a firearm, felony hit and run, grand theft auto, murder, perjury, possession for sale of controlled substances, rape, receiving stolen property, robbery, trespass with the intent to injure any property or property rights, or interference with the conduct of business, voluntary manslaughter, and welfare fraud.

6. The chief or director is specifically authorized to obtain state summary criminal history record information as provided for in California Penal Code Section 11105. Any complaint for the charges listed in division (5) of this subsection pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.

D. Sidewalk Vendor Permit Term and Renewal. The term for a sidewalk vendor permit, unless sooner suspended or revoked, shall be for a period of one year. Upon the expiration of such term, the person may renew the sidewalk vendor permit by submitting a new application together with such renewal fee and replacement fees as may be established by resolution of the city council. No sidewalk vendor permit shall be sold, leased, transferred conveyed or granted to any other person.

E. Denial, Suspension or Revocation of Sidewalk Vendor Permit.

1. If the director does not find that all of the requirements set forth in this subsection have been met, the application for sidewalk vendor permit shell be denied. In the event the application for the sidewalk vendor permit is denied by the director, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the sidewalk vendor permit shall be deemed to have been served if it, in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his/her residence address as set forth in the application for the sidewalk vendor permit.

2. Any sidewalk vendor permit issued under this section may be suspended or revoked by the director for any of the following reasons:

a. Falsehood of any information supplied by the applicant upon which issuance of the sidewalk vendor permit was based.

b. Failure of the applicant to promptly notify the Director within thirty days of any change occurring subsequent to the issuance of the permit in the information supplied by the applicant upon which the issuance of the permit was based.

c. Revocation, suspension or non-renewal of the certificate of eligibility issued to the applicant by the Los Angeles County Department of Health Services.

d. Conviction of, or plea of guilty or nolo contendere by the applicant of any offense which would have constituted ground for denial of a permit under Section 12.54.040(C)(5) of the herein chapter.

3. A holder of a sidewalk vendor permit shall be notified in writing by the director when a permit has been denied, suspended or revoked. Such notice shall contain the grounds upon which the denial, suspension or revocation is based and the right to seek an appeal to the city manager. If no appeal is filed, denial, suspension or revocation of the permit shall become effective ten days after notice is served. If an appeal is filed, the denial, suspension or revocation shall become effective upon final determination of the appeal by the city manager. Notification shall be deemed to have been served when it is personally served upon the permit holder or when deposited in the United States mail with postage prepaid and addressed to the permit holder at the last known address of the permit holder.

4. Any person whose permit is revoked shall not be eligible to apply for a new certificate for a period of one year following such revocation.

(Ord. No. 3101, § 2, 5-14-19; Ord. No. 3112, § 2, 2-25-20)

Veterans, as defined by Sections 16001 and 16001.5 of the California Business and Professions Code, shall not be required to pay any permit or license fee to hawk, peddle or sell goods, wares or merchandise owned by them.

(Ord. No. 3101, § 2, 5-14-19)

A. Sidewalk vendors are prohibited from operating within a median, on the street, or within twenty-five feet of an intersection of any two or more streets.

B. Sidewalk vendors may operate in residential areas from 9:00 a.m. to 7:00 p.m. In residential areas, roaming sidewalk vendors cannot stay in one location for more than ten minutes. Stationary sidewalk vendors are prohibited in residential areas.

C. Sidewalk vendors may operate in commercial areas between 8:00 a.m. and 10:00 p.m., except they may operate during 10:00 p.m. and 8:00 a.m. in commercial areas where businesses are open during those hours, provided the sidewalk vendor is located on the same street as a business that is open at that time.

D. No person shall solicit for commercial purposes at any dwelling, including but not limited to a house, apartment, or condominium, where there is a sign indicating "No Solicitations," "Do Not Disturb," or otherwise indicating that the occupants do not wish to be solicited or in any other way have their privacy disturbed.

E. No sidewalk vendor shall touch, come into physical contact with, or affix any object to any member of the public, without first receiving express permission therefor from such member of the public.

F. No sidewalk vendor shall persistently solicit any member of the public after such member of the public expresses his/her desire not to be solicited.

G. No sidewalk vendor shall intentionally obstruct the free movement of any member of the public on any street, sidewalk or other place open to the public generally.

H. Sidewalk vendors shall dispose of all trash into trash receptacles. Used cooking oil, grease, or other cooking fluids must be disposed of in a sink with a grease trap only. Wastewater shall be disposed of in a sewer system and not in a storm drain, catch basin or gutter. All National Pollutant Discharge Elimination System (NPDES) or Health Code requirements are in affect and applicable.

I. Sidewalk vendors shall not setup or operate in areas that block access for persons with disabilities. Street vendors must provide a minimum of forty-eight inches of access to allow for access and may not set up any closer than fifty-feet to a bus stop or bus shelter, marked or unmarked crosswalk, or within a sidewalk less than eight-feet in width, to allow for Americans with Disabilities Act path of access.

J. No sidewalk vendor shall solicit from a captive audience. "Captive audience" shall be defined as purposefully stationary persons, such as persons in line or seated in public areas.

K. No sidewalk vendor shall threaten any injury or damage to any member of the public who declines to be solicited.

L. Sidewalk vendors are prohibited from selling any product containing alcohol, cannabis, nicotine, any product used for the ingestion, smoking, vaping, or any other method of consumption of cannabis or nicotine, or any adult-oriented materials.

M. In addition to a sidewalk vendor permit, each sidewalk food vendor shall be required to obtain a license to operate from the Los Angeles County Department of Public Health. The sidewalk vendor shall have a copy of the general business license and license from the Los Angeles County Department of Public Health available at all times they are operating.

N. Sidewalk vendors may not operate within two hundred feet of any city-approved farmers' market or swap-meet.

O. Sidewalk vendors may not operate within one thousand feet of any public or private school building or the grounds thereof during any day school is in session.

P. During an urgent or emergency public safety event such as a traffic accident, medical emergencies, gas leaks, natural disasters, fires, etc., the City may temporarily require sidewalk vendors to relocate to another location if doing so is necessary to protect the public's health, safety, or welfare.

Q. Sidewalk vendors may operate in a public park except at times when the City has a third-party exclusive agreement for exclusive concessions inside the park. Sidewalk vendors may only operate during posted park hours. The city may adopt further regulations by resolution to limit the number, location, or concentration of sidewalk vendors in city parks due to health, safety and welfare concerns, when necessary to ensure the public's use and enjoyment of the park or to prevent an undue concentration of commercial activity that unreasonably interferes with the character of the park.

R. Use of amplified sound-making devices to advertise, draw attention to or announce the presence of any such vendor's location, shall comply with the limitations and provisions set forth in Chapter 8.32 of this code.

S. Size of vendor cart shall not exceed 48 inches in width, 72 inches in length, or 72 inches in height from the furthest outside measurements. Additional equipment such as but not limited to tables, shall not be permitted.

T. Upon demand of a peace officer or other city enforcement official, a sidewalk vendor shall provide a copy of any licenses required by this chapter for examination.

(Ord. No. 3101, § 2, 5-14-19; Ord. No. 3112, § 2, 2-25-20)

A. Administrative Citations Exclusive Remedy. Notwithstanding any other provision of the Whittier Municipal Code, the sidewalk vendor regulations contained herein shall be enforced exclusively through the city's administrative citation process, and citation fees shall not exceed the limits set forth in state law (Government Code Section 51039 and as may be amended from time to time). No other civil or criminal remedies may be used to enforce the provisions of this chapter unless allowed by state law.

B. City's Determination of Citee's Ability to Pay Administrative Fines. If a person who receives an administrative citation for a violation of the sidewalk vendor regulations contained herein meets the criteria contained in Government Code Section 68632, subdivision (a) or (b), the City shall accept twenty percent of the administrative fine imposed as full satisfaction of the fine. The cited person is responsible for completing required forms and providing documentation to support their eligibility.

(Ord. No. 3101, § 2, 5-14-19)