§ 3-7

The purpose of this chapter is to set forth specific regulations to govern the vending of various goods from locations that are not permanent. It is recognized that such transient operations may have negative land use, public safety, and traffic impacts which the Town desires to regulate, particularly when such operations are located near areas with heavy pedestrian and automotive traffic and areas where children congregate. (Ord. 2005-199 § 1 (part))

(Ord. No. 2023-372, § 2, 2-1-2023)

Whenever used in this chapter, the following terms are defined as follows:

• a. Cart means, collectively, a stationary cart or a mobile cart, which is non-motorized.

• b. 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. the offering of foodstuffs, goods, wares or merchandise for sale or future delivery from a fixed place of business if the place of business is open seasonally or for a period of less than six (6) months in a calendar year.

• c. Mobile vending unit is a mobile food facility which is equipped and used for retail sales of prepared, prepackaged, or unprepared food or foodstuffs of any kind that parks at one (1) or more locations within the Town. A mobile vending unit shall also include any trailer or wagon equipped and used as described in this definition and pulled by a vehicle.

• d. Sidewalk means any surface in the public right-of-way provided for the exclusive use of pedestrians.

  • 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, upon a sidewalk or other pedestrian path.

  • f. Stationary cart means a cart, which is not mobile, used for vending from a fixed location.

  • g. Vending or vend means the sale or offering and exposing for sale, or solicitation of offers to purchase, or causing to be sold for cash or consideration, or soliciting, exposing, or offering for sale for delivery at a later time, any property or service by any person from public property within the Town at any location other than a building or structure constructed on a permanent foundation which is rented, leased, or owned by the person selling, offering to sell, or soliciting the sale of the property, except as provided for in Sections 3-3-100 through 3-3-305 (Solicitors and Peddlers) of this Code. Vending also means the offering of foodstuffs, goods, wares or merchandise for sale or future delivery from a fixed place of business if the place of business is open seasonally or for a period of less than six (6) months in a calendar year.

  • h. Vendor or sidewalk vendor is any person engaged in vending, including itinerant merchants, street merchants and mobile vendors.

  • i. Vending license (license) means a written Town approval required for each person who vends in the Town.

  • j. Vending permit (permit) means a written town approval required for each cart used for vending in the town.

• (Ord. 2005-199 § 1 (part); Ord. No. 2023-372, § 2, 2-1-2023; Ord. No. 2024-390, § 2, 7-17-2024; Ord. No. 2024-391, § 2, 8-7-2024)

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It is unlawful for any person to vend any product, or to allow other persons under that person's employ to vend any product, within the corporate limits of the Town, without first licensing that business with the Town, as required in Title III, Chapter 6 of this Code. (Ord. 2005-199 § 1 (part)) (Ord. No. 2010-262, § 1, 5-5-2010; Ord. No. 2023372, § 2, 2-1-2023)

• a. Only the following shall be sold by sidewalk vendors:

  1. Food and beverages, excluding alcoholic beverages. All food displayed, sold, or offered for sale by sidewalk vendors must be in a manner approved for sale in accordance with California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code).

  2. Merchandise, excluding illegal and counterfeit merchandise.

• b. Vending of services by sidewalk vendors is prohibited.

• (Ord. 2005-199 § 1 (part); Ord. No. 2023-372, § 2,

• 2-1-2023; Ord. No. 2024-390, § 2, 7-17-2024)

Editor’s note— Ord. No. 2024-390, § 3, adopted July 17, 2024, repealed § 3-7-120, which pertained to regulations, and derived from Ord. No. 2005-199 § 1 (part); Ord. No. 2023-372, § 2, 2-1-2023.

No mobile vending unit (MVU) shall stop, stand, or park, for the purpose of vending or exhibiting merchandise, at or on any privately owned property without first securing a zoning clearance in compliance with Section 27.42.020 of [the] Town of Windsor Zoning Code. The applicant shall sign a statement certifying agreement and in accordance with the applicable provisions listed herein.

Application Requirements. Zoning clearance applications for MVUs shall include:

1. Site plan showing the specific location(s) on which the MVU will be located.

2. Detailed drawings or images of the vehicle to be used.

3. Property owner authorization.

4. Proof of active food facility permit from the Sonoma County Department of Health Services.

General Mobile Vending Unit Standards. All MVUs shall adhere to the following standards:

1. Location. MVUs are permitted only within the light industrial (IL) zoning district when on private property. One (1) MVU is permitted per site. Multiple MVUs may be permitted on site during a special event with a limited term permit.

2. Time. Mobile vending is prohibited between the hours [of] 11:00 p.m. and 10:00 a.m. Extended hours may be allowed in conjunction with a special event with a limited term permit.

3. Accessory Equipment. MVUs may share power with the principal use on the property if it does not create a hazard to vehicles and pedestrians. If shared power is not available, MVUs shall be entirely selfcontained. No external storage, power (generator), piping or plumbing is allowed.

4. Operations. All items to be sold must involve a short transaction period to complete the sale and be easily carried by pedestrians. MVUs must not cause congestion or block vehicular or pedestrian traffic, nor cause undue noise, litter, or offensive odors.

5. Garbage and Recyclable Collection. All MVUs shall provide receptacles for trash

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and recycling. Operators must also keep the area within a twenty-five-foot radius of the vehicle or site clean and free of trash generated by the mobile food vending use.

6. Setbacks. The setback requirements of the underlying zoning district shall apply to MVUs.

7. Site Furniture. Vendors shall not use parking spaces on the site for the purpose of on-site seating if seating will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the Director.

8. Signage. A MVU may display signage permanently attached to or painted on the vehicle advertising its products and services. A MVU may also place one (1) freestanding 'sandwich board' sign within ten (10) feet of the vehicle that displays information such as the menu, prices, and specials of the day.

9. Parking and Storage of Mobile Vending Units. Outside of hours of active operations MVUs shall be removed from the operating site.

Any person who violates any provision of this chapter is guilty of a misdemeanor. (Ord. 2005-199 § 1 (part))

(Ord. No. 2023-372, § 2, 2-1-2023; Ord. No. 2024391, § 2, 8-7-2024)

3-7-130, 3-7-135 Reserved.

Editor’s note— Ord. No. 2023-372, § 2, adopted Feb. 1, 2023, repealed §§ 3-7-130 and 3-7-135, which pertained to exemptions and enforcement, respectively, and derived from Ord. No. 2005-199 § 1 (part).

The provisions of this chapter shall not apply to any sidewalk area authorized for use as a sidewalk

cafe by a valid conditional use permit, approved by the Planning Commission or Town Council, during any time period when the sidewalk cafe is in operation. (Ord. 2005-199 § 1 (part)) (Ord. No. 2023-372, § 2, 2-1-2023)

• a. Permit Required. Every stationary cart or mobile cart used for vending must obtain and display a valid permit. Every cart must be placed and used at all times in compliance with the terms and conditions of the permit and all other applicable laws and regulations. A person may apply for a maximum of three (3) separate permits. A permit must be renewed every year, prior to expiration. The vendor shall pay both an application and renewal fee for the permit. A permit is not transferrable to another cart.

• b. Permit Application Requirements. An applicant for a permit shall present a valid identification, such as a State of California identification or any other government-issued identification and provide the following information:

  1. The name, address, and telephone number of the vendor.

  2. A complete list of the types of food or merchandise that will be sold.

  3. The hours per day and days per week during which sidewalk vending will be conducted.

  4. An application for placement of a stationary cart in a commercial or industrial area of the Town shall contain the proposed location, marked by major cross streets, and either the north, southeast or west side of the street and a photo or sketch of that location. An application for a mobile

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cart in a residential area of the Town shall contain a sketch showing the route the vendor will travel.

5. Proof of liability insurance.

• c. General Sidewalk Vending Standards. All sidewalk vendors shall adhere to the following standards:

  1. Vendor shall possess a valid California Department of Tax and Fee Administration seller's permit.

  2. At all times, a vendor must be in compliance with the provisions of this Code.

  3. No more than two (2) stationary carts with approved permits may be used to vend on the sidewalk of a single block face within commercial and industrial area sidewalks of the town.

  4. A vendor may not use a stationary cart to vend in a residential area. Only a mobile cart may be used to vend in a residential area.

  5. A vendor who vends in a residential area with a mobile cart shall move continuously, except when making a sale, which must not last longer than ten (10) minutes.

  6. Every cart must not exceed a length of seventy-two (72) inches, a width of fiftyfour (54) inches, or a height, including roof or awning, of seventy-eight (78) inches. A permit application may request, and the Town may approve, a small table for condiments to be used in conjunction with a cart selling food.

  7. A food 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 existing trash receptacles located on

any block for use by the general public. A vendor may not dispose of customer trash in existing trash receptacles on sidewalks.

8. A vendor must maintain a clean and trashfree ten-foot radius from the vendor's cart during hours of operation and must leave the area clean by the approved closing time.

9. No cart, condiment table or vendor's trash receptacle may be left on the sidewalk after the vendor's approved closing time.

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

   11. Vending at a Town special event for which a temporary special permit has been issued, farmers' market, or swap meet is prohibited.

   12. Vending in a Town park or facility when there is an exclusive agreement in place with the Town and a food vendor is prohibited.

   13. Vending in a Town park or facility between the hours of 10:00 p.m. and 8:00 a.m. is prohibited.

   14. Vendors shall comply with the Americans with Disabilities Act (ADA) and shall not block any ADA path of travel.

• d. Location of Sidewalk Vendors. Vending food or merchandise on Town sidewalks shall be prohibited:

  1. Within five (5) feet of a marked crosswalk.

  2. Within fifteen (15) feet of the curb return.

  3. Within ten (10) feet of any fire hydrant, fire call box or other emergency facility.

  4. Within five (5) feet ahead and forty-five (45) feet to the rear of a sign designating a bus stop.

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5. Within a marked bus zone.

6. Within five (5) feet of a bus bench.

7. Within fifteen (15) feet of a driveway or driveway apron.

8. Within eighteen (18) inches from the edge of the curb.

9. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than six (6) feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.

10. On Town-owned property without prior Town permitting and approval.

11. Within five hundred (500) feet of any K-12 school from the hours of 6:00 a.m. through 6:00 p.m.

12. 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.

    4. The Town may rescind the permit issued to a vendor upon the fourth violation or any subsequent violation.

• b. Failure to Obtain Permit. If a vendor fails to obtain a sidewalk vending permit from the Town, vending on the sidewalk without a permit may be punishable by the following in lieu of the administrative fines set forth in subsection (a) above:

  1. An administrative fine not exceeding two hundred fifty dollars ($250.00) for a first violation.

  2. An administrative fine not exceeding five hundred dollars ($500.00) for a second violation within one (1) year of the first violation.

  3. An administrative fine not exceeding one thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation.

• (Ord. No. 2024-390, § 4, 7-17-2024)

• (Ord. No. 2024-390, § 4, 7-17-2024)

• a. General Violations. Violation of this chapter is punishable by the following:

  1. An administrative fine not exceeding one hundred dollars ($100.00) for a first violation.

  2. An administrative fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year of the first violation.

  3. An administrative fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

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