Woodlake Municipal Code Ch. 5.34 Sidewalk Vendors

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"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.

"City" means the City of Woodlake.

"Administrator" means the city administrator or his or her designee.

"Park" means a public park owned or operated by the city.

"Person" means any natural person, firm, association, organization, partnership, joint venture, business trust, corporation, or company.

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

"Sidewalk" means a public sidewalk or paved pedestrian path specifically designed for pedestrian travel.

"Sidewalk vendor" or "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 sidewalk within the City.

"Sidewalk vending" refers to commercial activity conducted by a sidewalk vendor.

"Stationary sidewalk vendor" means a sidewalk vendor who operates from a fixed location.

(Ord. No. 623, § 2, 1-13-2020)

No person shall engage in sidewalk vending without first obtaining a business license pursuant to Chapter 5.04 and this chapter.

(Ord. No. 623, § 2, 1-13-2020)

A. An application for a sidewalk vending license shall include the following information:

1. The applicant's name, current mailing address, and telephone number;

2. A copy of a valid California's driver's license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by Government Code section 51038(c)(4);

3. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;

4. A description of the merchandise to be offered for sale and any vending equipment to be used (including the dimensions of carts or other conveyances);

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

6. If a vendor of food, proof of all required approvals from the Tulare County Department of Public Health;

7. A description, map, or drawing of the location(s) in which the applicant proposes to operate;

8. A statement of the days and hours of proposed vending operations and whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;

9. Proof of comprehensive general liability insurance with minimum policy limits of one million dollars ($1,000,000.00) per occurrence, combined single limit coverage, and two million dollars ($2,000,000.00) in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the city as an additional insured.

10. An agreement by the applicant to indemnify and hold harmless the city, its officers and employees, for any damage or injury caused to the city as a result of the sidewalk vending conduct or activity.

11. The applicant's certification that, to his or her knowledge and belief, the information contained in the application is true; and

12. Such other information as the administrator deems necessary for the administration or enforcement of this chapter as specified on the required application form.

B. Applications shall not be accepted unless accompanied by payment of an application fee that the city council may establish by separate resolution in an amount not to exceed the city's reasonable cost of providing the services required by this chapter.

(Ord. No. 623, § 2, 1-13-2020)

A. Applicants will be notified of the Administrator's decision to approve or deny an application for a sidewalk vending license. An application may be denied on the following grounds:

1. The proposed vending location encroaches on a public sidewalk without maintaining an unobstructed pedestrian access route as specified in Section 5.34.080

2. The proposed vending operation, including the equipment to be used by the vendor, fails to comply with all applicable health, zoning, fire, building and safety laws of the State of California or of the City of Woodlake.

3. The applicant has knowingly made a false, misleading, or fraudulent statement of material fact in the application.

4. The applicant does not possess all state and local permits necessary for the proposed operations.

5. The applicant has had a license issued pursuant to this chapter revoked within the preceding twelve (12) months.

6. The applicant is indebted to the city for any unpaid fee or fine.

(Ord. No. 623, § 2, 1-13-2020)

A. A sidewalk vending license shall be valid for one year after the date of issuance, unless it is revoked prior to that date in accordance with the provisions of this chapter.

B. Each sidewalk vendor who seeks to renew a license pursuant to this chapter shall submit a renewal application on a city-approved form and tender any applicable fees to the administrator no later than thirty (30) calendar days prior to the expiration of the vendor's current license. unless timely renewed, any license issued pursuant to this chapter shall expire and become null and void at the end of its term.

C. An application to renew a license issued pursuant to this chapter may be denied by the administrator upon the grounds set forth in Section 5.34.040.

(Ord. No. 623, § 2, 1-13-2020)

A sidewalk vending license shall not be transferable to any person or be valid for vending operations in any location(s) other than that location designated on the license for the term stated.

(Ord. No. 623, § 2, 1-13-2020)

A sidewalk vending license shall not be required for the following activities:

1. Events conducted in accordance with a special event permit, including but not limited to a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and physical business sidewalk sales.

(Ord. No. 623, § 2, 1-13-2020)

A. No sidewalk vendor shall operate in the following locations:

1. Any public property, including, without limitation, streets, alleys, and city owned parking structures, except on a public sidewalk;

2. Within one block of a certified farmers' market or a swap meet, during the limited operating hours of these events;

3. Within one block of an area designated for a special event permit for the limited duration of the permitted event. Any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the city's special event permit will also be furnished to a sidewalk vendor permitted to operate in the area.

4. Within one block of any public or private school grounds, between the hours of 8:00 a.m. and 5:00 p.m., on days that school is open to students;

5. At any location between the hours of 10:00 p.m. and 7:00 a.m.

6. Upon or within any roadway, median strip, or dividing section; or

7. On private property without the consent of the property owner and a city issued permit.

8. Within two hundred (200) feet of another vendor.

B. Stationary sidewalk vendors shall not operate in residential zones or in any park for which the city has entered an exclusive concessionaire agreement; they may only operate at the location(s) designated in a license issued pursuant to this chapter and only during the times set forth therein.

C. Roaming sidewalk vendors shall not operate within residential zones between the hours of 7:00 p.m. and 9:00 a.m. and shall not operate on any city block for more than one hour in any four hour period.

D. All sidewalk vendors are subject to the following requirements:

1. Maintain and ensure compliance with all state and local permits necessary for the proposed vending operation;

2. Keep the information furnished to the city under Section 5.34.030(A) current;

3. Carry a license issued pursuant to this chapter at all times when operating in the city, and present the license for inspection at the request of any city staff member or law enforcement officer;

4. Maintain an unobstructed pedestrian access route at sidewalk vending locations that is clear of any vending equipment or public obstructions including, but not limited to, street trees, news racks, bus benches, and curb lines. The minimum width of unobstructed routes must be suitable for the width of the sidewalk.

a. Four feet when the sidewalk is no greater than thirteen (13) feet wide;

b. Six feet when the sidewalk is greater than thirteen (13) feet but no greater than seventeen (17) feet wide; and

c. Umbrellas used in connection with vending operations may project into the minimum required pedestrian clearance as long as the bottom edge of the umbrella is at least seven feet from the surface of the sidewalk.

5. Ensure that vending operations are not blocking the entrances to any buildings, driveways, or vehicle parking spaces;

6. Ensure that equipment used in connection with sidewalk vending operations are not stored or left unattended in public spaces or in any portion of the public right-of-way. (Equipment or objects left in public spaces or in the public right-of-way overnight, or outside the hours of permitted vending operations, will be considered discarded and may be seized or disposed of by the city);

7. Ensure that signs, tables, chairs, shade structure, fences, or other furnishings not approved for use in a sidewalk vending license are not used in vending operations;

8. Do not use any horns, music, lights, visual media, (or any sound amplifying device unless expressly approved in the vending license;

9. Do not sell or offer for sale lottery tickets, alcohol, cannabis, adult oriented material, tobacco or electronic cigarette products, or any living animal;

10. Do operate in the city between 10:00 p.m. and 7:00 a.m.

11. Do not use or attach any water lines, electrical lines, or gas lines during vending operations;

12. Do not affix, lean, or touch any sidewalk vending equipment to, on, or against any street fixture or structure, including, but not limited to utility posts, bus shelters, public trash cans, parking meters, or street signs;

13. Ensure that sidewalk vending equipment does not physically alter or otherwise damage the underlying sidewalk;

14. Do not solicit any individual who has expressed a desire not to be solicited;

15. Do not come into physical contact with any member of the public, without first receiving express permission;

16. Do not threaten any injury or damage to any member of the public who declines to be solicited;

17. Maintain vending operations in sanitary condition, including ensuring proper disposal of any trash produced as a result of said operations. (Vendors must operate with their own trash containers to allow the proper disposal of trash, food, or liquids generated by their operations.)

(Ord. No. 623, § 2, 1-13-2020)

A sidewalk vendor license may be revoked after the licensee is afforded written notice and an opportunity to be heard respecting a citation for the licensee's fourth or subsequent violation of the requirements set forth in this chapter.

(Ord. No. 623, § 2, 1-13-2020)

A. A violation of this chapter is not punishable as an infraction or misdemeanor, and no person will be subject to arrest for sidewalk vending unless said person has violated a law for which a person may be arrested.

B. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Senate Bill No. 946 Section 51039 and enforced by Woodlake Municipal Code Chapter 1.12.

C. Persons cited more than three or more violations within a twelve (12) 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.

D. Operating as a sidewalk vendor without applicable permits/licenses, either from the City of Woodlake or applicable food safety/handling permits from the Office of the Tulare County Environmental Health, is subject to a separate administrative fine schedule up to the maximum amounts set forth by Senate Bill No. 946 Section 51039 and enforced by Woodlake Municipal Code Chapter 1.12.

E. Persons cited for violating this chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Chapter 1.12.120. 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 Woodlake 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 administrator.

(Ord. No. 623, § 2, 1-13-2020)