Chapter 5.56
STREET VENDORS*
Sections:
5.56.010 Definitions.
5.56.020 Permit required.
5.56.030 Regulation of street vendors.
5.56.032 Pushcarts – Conducting as a nuisance.
5.56.034 Impounding pushcarts or other devices.
5.56.036 Repealed.
5.56.040 Pushcart vendor permits.
5.56.050 Penalties.
5.56.060 Exceptions.
5.56.070 Sale of goods and merchandise from a motor vehicle.
* Prior legislation: Ord. 522.
5.56.010 Definitions.
For the purposes of this chapter:
A. “Food item” shall mean all food and drink which is intended for human consumption.
B. “Foot vendor” means any street vendor selling, displaying or offering to sell food items which are carried on his/her person or in a basket, backpack, sack, box or other device used to hold food items.
C. “Public right-of-way” shall mean any public street, sidewalk, alley, or any public property within the city.
D. “Pushcart” means any humanly propelled wheeled vehicle which contains food items for sale.
E. “Pushcart vendor” means any street vendor selling, displaying or offering to sell food items from a pushcart. (Ord. 615 § 1, 1993).
5.56.020 Permit required.
It is unlawful for any person to conduct or engage in the business of street vending, or to employ or be a street vendor as defined in BGMC 5.04.385, without first obtaining a permit to conduct such a business pursuant to Chapter 5.12 BGMC. (Ord. 615 § 1, 1993).
5.56.030 Regulation of street vendors.
A. No street vendor shall sell, display or offer for sale any nonfood items within the city, except that a street vendor may sell, display or offer for sale incidental nonfood items, so long as not more than 10 percent of the merchandise, goods and wares sold, displayed, or offered for sale are nonfood items.
B. No foot vendor shall sell, display or offer for sale any items within the city.
C. Any pushcart vendor operating any type of pushcart on the public right-of-way shall comply with the following requirements:
1. Any pushcart operated by a pushcart vendor shall have a valid pushcart permit from the Los Angeles County health department, except where the county does not issue permits for the type of pushcart operated by pushcart vendor. The rescission or expiration of a pushcart permit issued by the county, or the failure to obtain a permit within 180 days of the date on which the county commences issuing such permits, shall effect the automatic suspension of the permit issued by the city to the pushcart vendor;
2. Any pushcart operated by a pushcart vendor shall have the permit issued to the vendor by the city pursuant to BGMC 5.56.040 affixed to the front of the pushcart. The front of the pushcart shall be the end of the pushcart opposite where the motive force is normally applied;
3. The pushcart vendor shall provide a refuse container of at least one cubic foot capacity either in or on the pushcart;
4. No pushcart vendor shall use any signs in connection with the sale, display or offering for sale of items, except for those signs which are affixed to or painted on the sides or canopy of the pushcart;
5. No pushcart vendor shall use any noise-making device in connection with the sale, display or offering for sale of items, except for one bell not more than two inches in diameter or one manually operated bicycle horn not more than 10 inches long;
6. No pushcart vendor shall sell, display or offer to sell items before 10:00 a.m. on any day. During the period of Pacific Standard Time, no pushcart vendor shall sell, display or offer to sell items after 8:00 p.m. During the period of Pacific Daylight Time, no pushcart vendor shall sell, display or offer to sell items after 10:00 p.m.;
7. No pushcart vendor shall sell, display or offer to sell items in the following locations:
a. In any park owned or operated by the city, except that pushcarts may be operated on sidewalks bordering such parks in compliance with this chapter;
b. In the public right-of-way within 200 feet of any property utilized for school uses or church uses; or
c. In any other public right-of-way designated by resolution of the city council;
8. No person shall operate or vend from a pushcart which is located within 50 feet of any other pushcart;
9. No person shall stop, operate or vend from a pushcart within 25 feet of any intersection;
10. No person shall stop, operate or vend from a pushcart situated on a driveway, building entrance, or in any space designated for vehicular parking;
11. Pushcarts shall not remain stationary for a period in excess of one hour. After having been stationary for one hour, a pushcart must be moved no less than 200 feet away from its previous location.
D. Any street vendor selling, displaying or offering for sale items from a motorized vehicle shall not park such vehicle in any one place for over 30 minutes. (Ord. 781 § 2, 2005; Ord. 777 §§ 1, 2, 2004; Ord. 615 § 1, 1993).
5.56.032 Pushcarts – Conducting as a nuisance.
Any pushcart operated contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal or enjoinment thereof, in the manner provided by law, and may take such other steps and may apply to such court as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating a pushcart contrary to the provisions of this chapter. (Ord. 777 § 3, 2004).
5.56.034 Impounding pushcarts or other devices.
Any police officer or any other person authorized to enforce this chapter may take possession of a pushcart or other device used in violation of this chapter pursuant to the provisions of Section 2080.10 of the California Civil Code.
A. Upon taking possession of a pushcart or other device under this section, the director of community development or his designee shall do all of the following:
1. Take responsibility for the storage, documentation, and disposition of the pushcart or other device.
2. Provide the person from whom the pushcart or other device was taken with a receipt and instructions for the retrieval of the pushcart or other device. The receipt and instructions shall either be given to the person from whom the pushcart or other device was taken at the time the officer or other authorized person obtains the pushcart or other device or immediately mailed, by first class mail, to the person from whom the pushcart or other device was taken.
3. If the officer or other authorized person has knowledge that the person from whom the pushcart or other device was taken is not the owner, the director of community development or his designee shall make reasonable efforts to identify the owner. If the owner is identified, the director of community development or his designee shall mail, by first class mail, a receipt and instructions for the retrieval of the pushcart or other device.
B. The receipt and instructions shall notify the person from whom the pushcart or other device was taken that the pushcart or other device must be claimed within 60 days after the city obtains possession or the pushcart or other device will be disposed of in accordance with the disposal provisions of this code or the Civil Code. Within 60 days, the person may do one of the following:
1. Retrieve the pushcart or other device.
2. Authorize in writing another person to retrieve the pushcart or other device.
3. Notify the city in writing that he or she is unable to retrieve the pushcart or other device and request the city to hold the pushcart or other device. If a person notifies the public agency that he or she is unable to retrieve the pushcart or other device within 60 days, or have an authorized person retrieve the pushcart or other device, the public agency shall hold the pushcart or other device for not longer than 10 additional months, after which time the city may dispose of the pushcart or other device in accordance with the disposal provisions of this code or the Civil Code.
C. The city may charge reasonable costs of storage of pushcarts or other devices stored under the provisions of this chapter. (Ord. 777 § 4, 2004).
5.56.036 Pushcart zones.
Repealed by Ord. 781. (Ord. 777 § 5, 2004).
5.56.040 Pushcart vendor permits.
A. Notwithstanding Chapter 5.12 BGMC, a maximum of 25 permits to pushcart vendors shall be outstanding at any one time.
B. Only one pushcart vendor permit may be issued to any one person. A pushcart vendor permit shall only permit the operation of one pushcart at any one time. A pushcart vendor permit is not transferrable.
C. Applicants for a pushcart vendor permit shall be placed on a waiting list in the order in which their applications are received. Applicants on the waiting list shall be given the opportunity to have their application considered in the order that their name appears on the waiting list. The applicant at the top of the waiting list shall be notified by first class mail of the availability of a permit and shall have eight working days to respond to the notification. If the applicant fails to respond within the time allowed, or if his or her application is denied, the next person on the waiting list shall be notified until the permit is granted, or the waiting list is exhausted.
D. Only one pushcart vendor permit may be issued per physical address per applicant.
E. The director of community development or his designee may suspend or revoke any permit issued pursuant to this chapter for any of the following reasons:
1. Revocation, suspension or nonrenewal of the required Los Angeles County health department permit.
2. Conviction on three or more violations of the regulations set forth in this chapter by the permittee. (Ord. 777 § 7, 2004; Ord. 615 § 1, 1993).
5.56.050 Penalties.
Any person who engages in street vending in violation of any regulation contained in BGMC 5.56.040 shall be guilty of a misdemeanor, and commission of any act in violation of the regulations in this chapter shall constitute grounds for revocation of a street vending permit. (Ord. 615 § 1, 1993).
5.56.060 Exceptions.
A. The city manager may issue, upon application, temporary street vending permits to be valid for no more than five days during special public events. Notwithstanding the provisions of this chapter, such temporary permits may authorize sale of nonfood items.
B. The provisions of this chapter shall not apply to persons delivering articles from a store or other fixed place of business or distribution, upon the order of, or by agreement with, a customer. (Ord. 615 § 1, 1993).
5.56.070 Sale of goods and merchandise from a motor vehicle.
A. Permit Required. The Municipal Code of the city of Bell Gardens provides for licensing and/or permit procedure for the conduct of certain business activities. This subsection does not repeal nor amend those provisions for the lawful conduct of business activities when properly licensed or permitted. This subsection does not intend nor is it meant to prohibit, prevent or hinder activities of political, economic, religious or sociological ideas when such activities are noncommercial.
The city council finds and determines that the use of its public streets, sidewalks, rights-of-way and other public property is essentially for public purposes. Further, there is no vested right to do commercial business upon public streets, sidewalks, rights-of-way and other public property. The purpose and intent of this subsection is to further clarify the regulation of the sale of goods, merchandise and/or food from a motor vehicle in addition to the existing provisions of this code. It is the intent and purpose of this subsection to clearly state that the regulations shall apply to all operations involving the selling of goods, merchandise and/or food from a motor vehicle wherever and however situated in the city.
The sale of goods, merchandise and/or food from a motor vehicle is transient in nature and is not allowed at a permanent location on premises within the city. It is further found that because of the mobility of a motor vehicle from location to location, vendors selling goods, merchandise and/or food from a vehicle often avoid normal zoning and building permit regulations and thereby render such regulations unenforceable.
B. Regulations. It is unlawful for any person to sell or offer for sale, or operate any motor vehicle or conduct any business for the purpose of causing the sale of goods, merchandise and/or food from any motor vehicle parked, stopped, or standing upon any private property, public street, alley, parkway, sidewalk or other public property in the city of Bell Gardens except in accordance with all applicable provisions of this section and in compliance with each of the following requirements:
1. All vendors and operators shall keep and maintain their equipment in a neat, clean and safe condition and shall conduct all vending operations in a neat, orderly, safe and sanitary manner.
2. All sales activities shall:
a. Be conducted at a distance of more than five feet from any public or private building or the property line of any business premises and at a distance of at least 10 feet from any entrance to any public or private building or business premises;
b. Not be permitted for a period of time in excess of one hour per 12-hour period at any one location. Any such motor vehicle must be moved a distance of not less than 200 feet between consecutive stops at which sales and/or service activities occur; and
c. Not be located within 100 feet of the nearest part of the street entrance to any stationary or fixed restaurant, cafeteria, lunch counter, or other eating facility dispensing victuals; provided, however, that if said stationary or fixed facility is not directly accessible from the street, the 100-foot distance shall be measured from the nearest part of the street entrance to the building or property which is the nearest entrance to the eating facility open and available to the public.
3. No sales activity shall be conducted in a manner which disturbs, accosts, confronts, harasses, badgers or annoys any person.
4. It is unlawful for any person to sell or offer for sale any goods, merchandise and/or food from any motor vehicle pursuant to this code unless such person possesses at all times while conducting such commercial business upon his or her person an unexpired and unrevoked business permit issued pursuant to this code.
5. It is unlawful for any person to stop, stand or park a catering truck upon any street for the purpose of dispensing victuals under any circumstances in violation of stopping, standing or parking prohibitions or restrictions either shown by signs or curb markings or as otherwise provided by the State Vehicle Code or the health, safety, fire, traffic, business or other regulations set forth in this code or state law.
6. No person shall dispense victuals from any portion of a catering truck on any street in any manner which causes any person to stand in that portion of the street which is between the catering truck and the center of the street.
7. Persons who dispense victuals under the provisions of this section may not do so unless at that time they provide or have available, in a conspicuous place in the immediate vicinity of the catering truck, a litter receptacle which is clearly marked with a sign requesting its use by patrons.
8. After dispensing victuals at any location a catering truck operator, prior to leaving the location, shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed from the catering truck, including any packages or containers, or parts of either, used with or for dispensing the victuals.
9. The city council may restrict the operation of catering trucks in any public right-of-way by resolution after a public hearing.
C. Penalty. Any person who violates any of the provisions of this section shall be deemed guilty of an infraction which shall be punishable as follows:
1. For a first offense, a fine not exceeding $100.00;
2. For a second offense within a period of 12 consecutive calendar months, a fine not exceeding $200.00;
3. For each additional violation during the same 12-month period, a fine not exceeding $500.00 for each such additional violation;
4. At the discretion of the city prosecutor, any person who violates BGMC 5.32.010 more than five times may be charged and convicted of a misdemeanor and be punished by a fine not to exceed $500.00, or imprisonment for a term not to exceed six months or both.
This provision does not preclude other methods of enforcement, including, but not limited to, seeking injunctive relief or instituting nuisance abatement proceedings.
D. Exceptions.
1. The city council or designee may issue, upon application, temporary motorized street vending permits to be valid for no more than five days during special public events. Notwithstanding the provisions of this chapter, such temporary permits may authorize sale of nonfood items.
2. The provisions of this chapter shall not apply to persons delivering articles from a store or other fixed place of business or distribution, upon the order of, or by agreement with, a customer. (Ord. 675 § 1, 1997).