Chapter 5.89
SIDEWALK VENDORS
Sections:
5.89.020 Vending licenses and permits.
5.89.030 Additional operational requirements for vending.
5.89.040 Placement of stationary or mobile carts.
5.89.050 Monitoring and compliance.
5.89.010 Definitions.
For purposes of this chapter, the following words or phrases shall have the following meanings:
“Cart” means a stationary cart or a mobile cart.
“City” means the city of Dinuba, a municipal corporation.
“Food” means any type of edible substance or beverage.
“Goods” or “merchandise” means any item that is not food.
“Mobile cart” means a piece of equipment used for vending, as specified in this chapter, which is mobile, has no motor or generator and is capable of being propelled by a single person.
“Mobile food facilities” means any mobile or portable vehicle or device used for the preparation or distribution of food and beverages covered under the state of California Health and Safety Code, Sections 114250 through 114282 and 114285 through 114299.5, et seq. Mobile food facilities are not considered to be a mobile cart, are not permitted on public sidewalks and are regulated in Chapter 7.28.
“Person” or “persons” means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity.
“Sidewalk” means any surface in the public right-of-way provided for the exclusive use of pedestrians.
“Stationary cart” means a piece of equipment used for vending, which has no motor and is not mobile, except when being pushed, carried or transported to and from a space on the sidewalk on a daily basis.
“Vend”, “vends” or “vending” means to sell, offer for sale, expose or display for sale, solicit offers to purchase or to barter food or merchandise, or to require someone to negotiate, establish or pay a fee before providing food or merchandise, even if characterized as a donation.
“Vending license” means a written city approval required for each person who vends in the city.
“Vending permit” means a written city approval required for each cart used for vending in the city.
“Vendor” means a person who vends. (Ord. 2019-02 § 2 (Att. A) (part), 2019)
5.89.020 Vending licenses and permits.
A. License.
1. Every person who engages in vending is a vendor and must first obtain, and at all times maintain, a valid license.
2. Every vendor must vend in compliance with the terms and conditions of the license.
3. To apply for a license the vendor must present a valid identification, such as a state of California identification or any other government-issued identification card, and provide the following information:
a. The name, address and telephone number of the vendor.
b. Proof of liability insurance in the amount required by the city.
c. A vendor who sells food, in addition to the requirements of this chapter, shall certify completion of a food handler course and present a copy of the course completion certificate.
4. A license must be renewed every year, prior to expiration.
5. No license is transferable.
6. The applicant must pay an application or renewal fee.
B. Permits.
1. Every cart used for vending must obtain and display a valid permit.
2. 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.
3. 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:
a. The name, address and telephone number of the vendor.
b. A complete list of the types of food or merchandise that will be sold.
c. The hours per day and days per week during which sidewalk vending will be conducted.
d. An application for placement of a stationary cart in a commercial or industrial area of the city shall contain the proposed location, marked by major cross streets, and either the north, south, east or west side of the street and a photo or sketch of that location. An application for a mobile cart in a residential area of the city shall contain a sketch showing the route the vendor will travel.
e. Proof of liability insurance.
4. A person may apply for a maximum of three separate permits.
5. A permit must be renewed every year, prior to expiration.
6. The vendor shall pay an application and renewal fee.
7. No person may vend by placing an object on the sidewalk unless it has a permit. The permit must be attached to the cart and be posted where visible.
8. Every cart used to vend food must be approved by the county health department and comply with food handling regulations required by the county, including, but not limited to:
a. All carts must display a valid and current permit issued by the Tulare County Environmental Health Department.
b. The preparation and storage of food items must comply with all health department requirements.
c. Carts that are stationary for one hour or longer must make available a commercial-grade restroom for customers. A signed notice of permission from the owner of the restroom must be provided to the city and the cart shall include signage indicating availability of the restroom.
d. When not in use, carts shall be stored at a commissary or other location approved by the health department.
e. A cart approved by the health department to vend one type or types of food may not be used to vend a different type or types of food unless approved by the health department.
9. A permit is not transferable to another cart, location or route. (Ord. 2019-02 § 2 (Att. A) (part), 2019)
5.89.030 Additional operational requirements for vending.
A. At all times a vendor must vend in compliance with standards contained in this chapter.
B. Every vendor who vends with a cart must be in possession of a valid license and the cart must display a valid permit.
C. 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.
D. A vendor may operate a stationary cart only in commercial or industrial zones.
E. Vendors shall not operate in a public park or city-sanctioned special event unless a permit has been issued by the Dinuba parks and recreation department and the cart operates in compliance with the standards contained in this chapter.
F. No more than two 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 city.
G. 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.
H. A decal issued by the city and certifying the issuance of a permit for the cart, as well as the health department permit, shall be attached to and prominently displayed on each cart in use by a vendor to sell food.
I. Every cart must not exceed a length of seventy-two inches, a width of fifty-four inches, or a height, including roof or awning, of seventy-eight inches. A permit application may request, and the city may approve, a small table for condiments to be used in conjunction with a cart selling food.
J. 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 the vendor using public or private trash receptacles that do not belong to them.
K. A vendor must maintain a clean and trash-free ten-foot radius from the vendor’s cart during hours of operation and must leave the area clean by the approved closing time. Further, sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that is discharged on public property.
L. No cart, condiment table or vendor’s trash receptacle may be left on the sidewalk after the vendor’s approved closing time.
M. No cart shall be chained or fastened to any pole, sign, tree or other object in the public right-of-way or left unattended, as specified by the rules and regulations.
N. Vending within five hundred feet of any K-12 school is prohibited from six a.m. through six p.m.
O. Vending of illegal or counterfeit merchandise is prohibited. In particular, selling of alcohol, cannabis, adult oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or cannabis is prohibited.
P. Vending of services is prohibited.
Q. Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated sign. Signage shall not exceed three square feet; and no freestanding sign shall be placed on a public street or sidewalk.
R. Sidewalk vendors shall comply with the noise standards provided in the Dinuba noise ordinance (Chapter 9.54). Further, sidewalk vendors shall not use amplified music or other sounds.
S. Using an electrical outlet or power source, or water sources, that is owned by the city or another person other than the sidewalk vendor is prohibited. Further, the use of a portable power generator is prohibited. (Ord. 2019-02 § 2 (Att. A) (part), 2019)
5.89.040 Placement of stationary or mobile carts.
A. Vending food or merchandise on city sidewalks shall be prohibited:
1. Within five feet of a marked crosswalk.
2. Within five feet of the curb return of an unmarked crosswalk.
3. Within five feet of any fire hydrant, fire call box or other emergency facility.
4. Within a marked bus zone.
5. Within five feet of a bus bench.
6. Within ten feet of a transit shelter.
7. Within five feet of an area improved with lawn, flowers, shrubs, trees, street tree well or other landscaping.
8. Within five feet of a driveway or driveway apron.
9. Within five feet of an outdoor dining or patio dining area.
10. Within eighteen inches from the edge of the curb.
11. 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.
12. On city-owned property without prior city approval.
13. 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. Sidewalk vendors shall comply with the Federal Americans with Disabilities Act of 1990 and amendments thereto, and state disability rights laws. (Ord. 2019-02 § 2 (Att. A) (part), 2019)
5.89.050 Monitoring and compliance.
A. A vendor issued a citation shall be subject to the following fines:
1. An administrative fine of two hundred fifty dollars for a first violation;
2. An administrative fine of five hundred dollars for a second violation;
3. An administrative fine of one thousand dollars for a third violation; and
4. An administrative fine of one thousand dollars for a fourth and each subsequent violation and confiscation of the cart, food and merchandise;
5. The administrative fines listed in this subsection may be reduced from two hundred fifty dollars to one hundred dollars, five hundred dollars to one hundred fifty dollars and one thousand dollars to two hundred dollars upon submission of proof of permit or license to the code enforcement officer.
B. Revocation of License or Permit.
1. Prior to revocation or suspension, the city shall afford the vendor or cart owner a due process hearing.
2. A vendor whose license or permit is revoked may not renew their license or permit for one year.
C. Confiscation of Cart and/or Food and Merchandise.
1. Prior to confiscation, the city shall afford the vendor or cart owner a due process hearing, except where the health and safety of the general population are at risk or the vendor is arrested. (Ord. 2019-02 § 2 (Att. A) (part), 2019)