Chapter 5.90
SIDEWALK VENDORS AND MOBILE FOOD FACILITIES
Sections:
5.90.020 Business license required.
5.90.030 Vending permit required.
5.90.040 Vending permit application.
5.90.050 Criteria for approval or denial of vending permit.
5.90.060 Permit expiration and renewal.
5.90.070 Permit nontransferable.
5.90.080 Sidewalk vendor operating requirements.
5.90.090 Mobile food facility operating requirements.
5.90.100 Regulations for vending on private property.
5.90.120 Administrative citations.
5.90.135 Removal of sidewalk vending items from public right-of-way.
5.90.140 Administrative regulations.
5.90.010 Definitions.
For purposes of this chapter, the following words or phrases shall have the following meanings:
A. “Certified farmers’ market” means a location operated in accordance with Chapter 10.5 of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter.
B. “Director” means the city manager or their designee.
C. “Enforcement official” means the city manager, the chief of police, or either of their designees who is charged with enforcing the Covina Municipal Code.
D. “Food” or “food products” means any item described by California Health and Safety Code Section 113781.
E. “Goods” or “merchandise” means any item that is not food or a food product and can be sold and immediately obtained from a sidewalk vendor. Items for rent, subscription plans, and other services shall not be considered goods or merchandise.
F. “Hearing officer” means any person selected by the city manager to conduct an administrative hearing who has no bias or pecuniary interest in the matter to be heard.
G. “Mobile food facility” has the same meaning as CMC 17.04.416 and means any self-propelled, motorized device or vehicle by which any person or property may be propelled or moved upon a highway (excepting a device moved exclusively by human power), or which may be drawn or towed by a self-propelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged or otherwise given. Mobile food facility does not include any sidewalk vendor (as defined in subsection (K) of this section).
H. “Mobile food facility operator” means any person that operates or assists in the operation of a mobile food facility.
I. “Person” means one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, 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.
J. “Roaming sidewalk vendor” means any sidewalk vendor who moves from place to place and stops only to complete a transaction.
K. “Sidewalk vendor” means a person who vends from a sidewalk vending cart or from one’s person exclusively upon a public sidewalk, or other public path or right-of-way provided for the exclusive use of pedestrians – or within a public park. Sidewalk vendor does not include any person who is selling services. A sidewalk vendor shall also not include any commercial solicitor (as defined by CMC 5.24.010) or any vendor whose operation (including the location of vendor, equipment, vending cart, merchandise/food, or queue of customers) takes place in whole or in part in or upon any portion of a street, alley, parking lot or structure, dedicated bicycle path/lane, or any other public right-of-way used in whole or in part for vehicular travel, nor in or upon any parkway, roadway median, crosswalk, freeway on-ramp, or any privately owned real property.
L. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
M. “Swap meet” means a location operated in accordance with Article 6 of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article.
N. “Temporary special permit” means any permit issued by the city for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary use permit, for purposes including, but not limited to, filming, parades, festivals, or outdoor concerts.
O. “Vend” or “vending” means to sell, offer for sale, display for sale, or solicit offers to purchase food, food products, beverages, goods, or merchandise.
P. “Vending cart” means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code. “Vending cart” does not include a mobile food facility.
Q. “Vendor” means a person who vends from a vending cart, from one’s person, or from a mobile food facility, including an employee or agent of another. (Ord. 23-14 §§ 2, 3, 2023; Ord. 23-05 § 3, 2023.)
5.90.020 Business license required.
All sidewalk vendors and mobile food facility operators desiring to vend in the city shall obtain and maintain a valid business license issued by the city in accordance with Chapter 5.04 CMC. (Ord. 23-05 § 3, 2023.)
5.90.030 Vending permit required.
In addition to procuring a business license, as set forth in CMC 5.90.020, all sidewalk vendors and mobile food facility operators shall first obtain and shall maintain a current and valid vending permit from the city as set forth in this chapter. Except as otherwise provided in this chapter or elsewhere in the Covina Municipal Code, vending from a vending cart, from one’s person, or from a mobile food facility on any public street, alley, parkway, sidewalk, or other public property or private property in the city is prohibited. (Ord. 23-14 § 4, 2023; Ord. 23-05 § 3, 2023.)
5.90.040 Vending permit application.
To apply for a vending permit, a person must file an application with the director, accompanied by a nonrefundable processing fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:
A. The legal name and current address and telephone number of the applicant, along with a copy of the applicant’s current and valid social security card, driver’s license or identification card issued by the state of California, taxpayer identification number, or an identification card issued by another municipality;
B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;
C. A description of the food or merchandise offered for sale;
D. A photograph of the mobile food facility or vending cart. If the applicant intends to use a mobile food facility, a description of the type of vehicle to be used, the vehicle’s registration and license number, and the applicant’s California driver’s license number;
E. Whether the applicant intends to operate as a stationary sidewalk vendor, a roaming sidewalk vendor, or a mobile food facility operator;
F. A description, map, or drawing of the specific location (for stationary sidewalk vendor) or route of travel (for roaming sidewalk vendor or mobile food facility operator) where the applicant intends to vend within the city;
G. The hours per day and the days per week during which the applicant proposes to vend;
H. A maintenance plan that includes litter pickup in the vicinity of the proposed vending location or the proposed vending route, as well as the lawful disposal of any liquid or solid waste resulting from the vending operation (including, but not limited to, fats, oil, juice, cooking material, scraps, etc.). The maintenance plan shall also include a description of how any equipment used in the sidewalk vending operation (including, but not limited to, utensils, containers, grills, etc.) will be cleaned and sanitized;
I. A California seller’s permit number pursuant to California Revenue and Taxation Code Section 6067 (or any subsequently adopted amendment thereto);
J. If the applicant proposes to vend food or food products, certification to completion of a food handler course and proof of all required approvals from the Los Angeles County department of public health, including a copy of the applicant’s valid and current Los Angeles County health license and/or permit (unless the applicant is exempt from a health permit pursuant to California Health and Safety Code Section 114368) and mobile food facility permit;
K. Proof of liability insurance in the amount and subject to the terms on file with the city’s risk manager. The city’s risk manager shall promulgate provisions regarding insurance requirements for sidewalk vendors and mobile food facilities and shall be in an amount which is determined to be sufficient to adequately protect the city, persons, and property for injuries or damages which may be caused by activity under this chapter. Such insurance shall name as additional insured the city of Covina, its officers, agents, and employees, and shall further provide that the policy shall not terminate or be canceled without 30 calendar days’ advance written notice to the city of Covina;
L. An agreement by the applicant to indemnify and hold harmless the city, its officers, agents, and employees, from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant’s vending location;
M. Certification by the applicant under penalty of perjury that the information contained in the application is true to their knowledge and belief; and
N. Any other reasonable information regarding the time, place, and manner of the proposed vending. (Ord. 23-14 § 5, 2023; Ord. 23-05 § 3, 2023.)
5.90.050 Criteria for approval or denial of vending permit.
The director, or their designee, shall approve the issuance of a vending permit unless he or she determines that:
A. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
B. The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;
C. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in this chapter;
D. The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter.
If the vending permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant. The notice shall also advise the applicant of the ability to appeal the denial in the manner set forth in CMC 5.90.130. Notice shall be mailed to the applicant at the address listed on the application. (Ord. 23-14 § 6, 2023; Ord. 23-05 § 3, 2023.)
5.90.060 Permit expiration and renewal.
A. Permit Expiration. A vending permit shall be valid for 12 months from the date of issuance and shall expire and become null and void on the anniversary of its issuance, unless an earlier expiration date is noted on the permit.
B. Renewal. Notwithstanding any other provision of this code to the contrary, any applicant seeking to renew a vending permit shall submit a new application for a vending permit in accordance with the provisions of CMC 5.90.040; and any application for a renewal of a vending permit shall be reviewed and acted upon by the city in accordance with the provisions of CMC 5.90.050 applicable to new vending permits.
1. An applicant’s stationary location and/or roaming route will be reviewed for compliance with the provisions of this code with each renewal application; and the issuance of a vending permit does not convey a vested right to any permittee or applicant to vend at the same stationary location or along the same roaming route during any subsequent permitting period. (Ord. 23-14 § 7, 2023; Ord. 23-05 § 3, 2023.)
5.90.070 Permit nontransferable.
A vending permit issued pursuant to the provisions of this chapter shall be valid only for the individual vendor to whom the permit has been issued and for the specific location or route approved by the city, and shall not be transferable to any other vendor, person, employee, entity, cart, location, or route. (Ord. 23-14 § 8, 2023; Ord. 23-05 § 3, 2023.)
5.90.080 Sidewalk vendor operating requirements.
Sidewalk vendors shall comply with the following standards and conditions:
A. Sidewalk vendors shall maintain at all times while vending a valid vending permit, a valid business license in accordance with Chapter 5.04 CMC, and any other permit(s) or license(s) required by the city or other governmental agencies. A current, valid business license sticker shall be affixed in plain view to the vending cart. Vendors of food or food products shall in addition affix in plain view to the vending cart a current, valid Los Angeles County department of public health letter grade and a certification sticker indicating that it is a permitted food facility.
B. No sidewalk vendor shall vend in the following locations:
1. Within 50 feet of any street intersection;
2. Within 40 feet of any driveway or driveway apron;
3. Upon or within any roadway, median strip, frontage median, or dividing section;
4. Within 500 feet of a permitted certified farmers’ market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers’ market or swap meet, or the limited duration of the temporary special permit;
5. Within 500 feet of the nearest property line of any property on which a school building is located, between the hours of 8:00 a.m. and 4:00 p.m., each day that school is in session. For the purposes of this section, “school” includes a licensed daycare;
6. Within 500 feet of an area designated for a temporary special event permit for the duration of the temporary special permit: provided, that any notice provided by the city to affected businesses or property owners under such special event permit is also provided to sidewalk vendors with a valid current vending permit issued pursuant to this chapter. Such notice may be provided by posting notice at the location of the temporary special event; or
7. Within any street, alley, plaza, city-owned parking lot or facility, or other public property other than a public sidewalk or other pedestrian path as provided herein.
C. No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than four feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices.
D. No sidewalk vendor shall conduct any sidewalk vending operation or activities in the following locations:
1. Within three feet of the edge of any curb;
2. Within 20 feet of any traffic control device (including traffic signals and traffic signs);
3. Within 20 feet of any utility cabinets and/or vents;
4. Within 15 feet of a fire hydrant or connection, fire call box, or other emergency facility;
5. Within five feet of any parking meter located on public property;
6. Within 10 feet of any bicycle rack located on public or private property;
7. Within 10 feet of any trash enclosure or waste or recycling receptacle located on public or private property (except for any waste receptacle used in the sidewalk vending operation as approved by the city);
8. Within 45 feet of a bus bench, bus shelter, any public transportation waiting area/stop, or sign designating a bus or public transportation stop;
9. Within 50 feet of any railroad crossing or other opening providing pedestrian or vehicular access to railroad tracks;
10. Within 15 feet of any outdoor dining or patio dining area;
11. Within 15 feet of any automatic teller machine (“ATM”);
12. Within 45 feet of an active construction or maintenance zone;
13. Within 20 feet of any entrance or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business therein;
14. On any unpaved portion of a public right-of-way – including, but not limited to, parkways, trails, or other pedestrian path;
15. Inside of any portion of a city park within 50 feet of:
a. Any field, court, or pitch that is primarily designed for use in a sporting activity (including, but not limited to, baseball field, softball field, basketball court, tennis court, soccer pitch, volleyball court, pickleball court, and handball court), while said area is in use;
b. Any playground, recreational water feature, or exercise area, while said area is in use;
c. Any restroom facility.
E. No sidewalk vendor shall vend within 100 feet of another sidewalk vendor or a mobile food facility.
F. No sidewalk vendor shall distribute any item from the vending cart in a manner that causes any person to stand in the street.
G. Sidewalk vendors shall not offer, provide, rent, or sell a service that is defined neither as merchandise nor food.
H. Sidewalk vending is only permitted during the following times:
1. In residential areas, roaming sidewalk vending shall be permitted only between the hours of 9:00 a.m. and 5:00 p.m.
2. In city parks, vending shall be permitted only during the hours that the park is open to the public.
I. Sidewalk vendors shall operate exclusively from the location and/or along the route approved by the city and shall prominently display a city-issued sidewalk vending permit on the city-approved vending cart where visible to patrons, or, if no vending cart is utilized, upon his or her person at all times while conducting vending operations.
J. Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.
K. Stationary sidewalk vendors shall not vend at any park where the city or the park operator has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
L. Sidewalk vendors shall maintain a clearly designated trash receptacle in the immediate vicinity of the vending cart, marked with a sign requesting use by patrons. Prior to leaving any vending location, the vendor shall pick up, remove, and dispose of all trash generated by the vending operations within a 25-foot radius of the vending location.
M. Sidewalk vendors shall maintain and possess at all times while vending proof of liability insurance in the amount required by the city.
N. Sidewalk vendors of food or food products shall possess and display in plain view on the vending cart a valid health permit from the Los Angeles County department of public health.
O. Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
P. All vending carts must comply with the following requirements:
1. While in operation, all equipment used in the sidewalk vending operation must not exceed a maximum length of six feet and a maximum width of four feet;
2. All vendors must maintain an unobstructed view over four feet in height from the ground to the tabletop structure of their sidewalk vending equipment except as allowed in subsection (P)(3) of this section; or
3. A sidewalk vendor may have one city-approved umbrella or other shade structure if attached to the vending cart and does not exceed eight feet in height as measured from ground level to its highest point or the length and width restrictions applicable to vending carts set forth in subsection (P)(1) of this section. The umbrella or shade structure cannot be attached to any public or private building, structure, improvement, or fixture, such as the sidewalk, street furniture, fence, bench, or trees. The umbrella or shade structure must be made of a sturdy and safe material and must be attached and anchored to the sidewalk vending cart in such a way that sudden bursts of wind will not dislodge it. The umbrella or shade structure cannot be positioned in such a manner that obstructs the visibility of pedestrians or vehicular traffic.
Q. No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property. No sidewalk vendor shall erect, place, or maintain any tent, canopy or other temporary shelter (excluding one umbrella) in the public right-of-way, a park, or a sidewalk.
R. All food and merchandise shall be stored inside of or affixed to the vending cart, or carried by the sidewalk vendor, and cannot be stored, placed, or kept on any public property.
S. No sidewalk vending cart or other vending equipment shall be left unaccompanied, stored, parked, or left overnight on any public property or public right-of-way.
T. Vending carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to, poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way.
U. All vending carts shall be accompanied during all hours of operation by at least one individual whose name and contact information has been previously provided to the city.
V. All signage and advertising related in any way to the sidewalk vendor must be attached to the vending cart or the sidewalk vendor’s person, and shall not be electrical, flashing, wind-powered or animated.
W. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public property. No liquid can be discharged, including water, grease, oil, etc., onto or into city property, including but not limited to streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.
X. No sidewalk vendor may persistently and importunely engage in vending with a person after that person has indicated that he or she is not interested in the things being vended.
Y. No sidewalk vending operation shall use or have at or near the vending cart natural gas, batteries or any other explosive or hazardous material, barbeque grills or other equipment that utilizes an open flame or that burns wood or charcoal. The use and storage of propane in any sidewalk vending operation shall be in accordance with all applicable rules, regulations, and approvals designed to protect the health, safety, and welfare of the sidewalk vendor, patrons, and general public.
Z. Excessive smoke, odors, and other air quality nuisances are prohibited.
AA. Amplified sound-making devices, including but not limited to loudspeakers and public address systems, are prohibited.
BB. Alcoholic beverages, cannabis, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine or cannabis, live animals, counterfeit merchandise, and any food or merchandise that requires a conditional use permit or other land-use entitlement cannot be sold.
CC. Use of an electrical outlet or power source that is owned by the city without consent from the city is prohibited.
DD. Sidewalk vendors may not barricade or otherwise set a perimeter around a vending area to obstruct the free movement of pedestrians or cyclists, block the path of a person, or obstruct the free movement of vehicles, bicycles, or parked vehicles. (Ord. 23-14 §§ 9 – 17, 2023; Ord. 23-05 § 3, 2023.)
5.90.090 Mobile food facility operating requirements.
Mobile food facility operators shall comply with the following standards and conditions:
A. Mobile food facility operators shall obtain and maintain at all times while vending a valid vending permit, a valid business license in accordance with Chapter 5.04 CMC, and any other permit(s) or license(s) required by the city or other governmental agencies. A current, valid business license sticker shall be affixed to the back of the mobile food facility. Vendors of food or food products shall in addition affix to the lower left-hand side of the windshield a current, valid Los Angeles County department of public health letter grade and a certification sticker indicating that it is a permitted food facility.
B. In addition to any other equipment required by law, each mobile food facility shall be equipped with the following:
1. A convex mirror mounted so that the driver can see the area in front of the truck that is obscured by the truck’s hood; and
2. A back-up alarm audible for a distance of at least 100 feet.
C. Lettering showing the mobile food facility operator’s or owner’s name, business address, and telephone number shall be permanently affixed to both sides of the mobile food facility in a conspicuous place. The lettering shall at all times be visible, shall not be less than four inches in height, and shall be in contrast to the color of the background upon which it is placed.
D. No mobile food facility operator shall vend in the following locations:
1. Within 100 feet of any street intersection.
2. Within 40 feet of any driveway or driveway apron;
3. Within any publicly owned or operated parking lot, unless the mobile food facility operator has written permission of the owner and complies with the provisions of this section;
4. Within 500 feet of a permitted certified farmers’ market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers’ market or swap meet, or the limited duration of the temporary special permit;
5. Within 300 feet of the nearest property line of any property on which a school building is located, between the hours of 8:00 a.m. and 4:00 p.m. each day that school is in session. This prohibition will not apply if the school principal gives the mobile food facility operator written permission to enter or park on school property. The mobile food facility operator shall provide a copy of that authorization to the city within five days of its receipt, and possess a copy while vending to provide upon request to any enforcement official; or
6. Within 500 feet of an area designated for a temporary special event permit for the duration of the temporary special permit; provided, that any notice provided by the city to affected businesses or property owners under such special event permit is also provided to mobile food facility operators with a valid current vending permit issued pursuant to this chapter. Such notice may be provided by posting notice at the location of the temporary special event.
E. The mobile food facility shall not obstruct pedestrian or vehicular traffic.
F. No mobile food facility operator shall vend within 100 feet of another mobile food facility or a sidewalk vendor.
G. Vending is prohibited on the exposed street or traffic side of the mobile food facility. No food, food products, goods, or merchandise shall be distributed from the mobile food facility in a manner so as to cause any customer or potential customer to stand in that portion of the street that is open to other vehicles.
H. No part of a mobile food facility or any other equipment or furniture related to the operation of the mobile food facility shall encroach onto a public sidewalk.
I. Vending is permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except that in residential areas vending shall only be permitted between the hours of 9:00 a.m. and 5:00 p.m.
J. Mobile food facility operators shall maintain a clearly designated trash receptacle in the immediate vicinity of the mobile food facility, marked with a sign requesting use by patrons. Prior to leaving any vending location, the vendor shall pick up, remove, and dispose of all trash generated by the vending operations within a 25-foot radius of the vending location.
K. Mobile food facility operators shall maintain and possess at all times while vending proof of liability insurance in the amount required by the city.
L. Mobile food facility operators shall comply with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; the Americans with Disabilities Act of 1990 and other disability access standards; and traffic, parking, and California Vehicle Code provisions.
M. No mobile food facility shall become a permanent fixture on the vending site or be considered an improvement to real property.
N. The mobile food facility shall be located on surfaces paved with concrete, asphalt or another impervious surface. No liquid can be discharged, including water, grease, oil, etc., onto or into city streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the mobile food facility operator.
O. Excessive smoke, odors, and other air quality nuisances are prohibited.
P. Amplified sound-making devices, including but not limited to loudspeakers and public address systems, are prohibited.
Q. Alcoholic beverages, cannabis, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine or marijuana cannot be sold.
R. Use of an electrical outlet or power source that is owned by the city without consent from the city is prohibited.
S. No mobile food facility operators shall use existing parking spaces on the site for customer queuing, tables, chairs, portable restrooms, signs, and/or any other ancillary equipment. Operators shall not barricade or otherwise set a perimeter around a vending area to obstruct the free movement of pedestrians or cyclists, block the path of a person, or obstruct the free movement of vehicles, bicycles, or parked vehicles.
T. A mobile food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility to ensure that restroom facilities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period.
U. All signage and advertising related in any way to the mobile food facility must be attached to the mobile food facility, and shall not be electrical, flashing, blinking, wind-powered or animated. (Ord. 23-05 § 3, 2023.)
5.90.100 Regulations for vending on private property.
In addition to compliance with the operating requirements set forth in CMC 5.90.080 and 5.90.090, any vendor operating or conducting business from a vending cart or mobile food facility on private property shall comply with the following:
A. The vendor shall comply with all applicable zoning regulations and land use entitlements for the private property.
B. Unless vending is otherwise authorized by the applicable zoning regulations and/or land use entitlements for the private property or as otherwise provided for herein, the vendor shall obtain from the community development director an administrative conditional use permit pursuant to CMC 17.62.190 prior to engaging any vending activity. Any request for such a permit shall require the written consent of the property owner, which shall be provided to the community development director. In determining whether to grant the administrative conditional use permit, the community development director shall make the following findings: (1) the vending is allowed within the applicable underlying zone or is consistent with the uses permitted in such zone; (2) the vending will not be detrimental to the public health, safety and welfare or adversely affect property values or the present or future development of the surrounding area; and (3) the property is physically suitable for the activity. The community development director shall review and approve the administrative conditional use permit application within 30 days of receipt. If the administrative conditional use permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.
C. No administrative conditional use permit, however, is required under this section for the following mobile food facility activities:
1. Mobile food facilities that serve active construction sites as long as the mobile food facility does not vend to the general public during their stop and the stop at the site is no longer than one hour.
2. Mobile food facilities on private property operating solely for private catering purposes as long as the vehicle is situated entirely on private property, service is limited to the guests of the catered event only and no payment transactions occur for individual orders taken by the mobile food facility operator.
3. The mobile food facility is on private property for no more than one hour as long as: (a) vending is authorized by the applicable zoning and/or land use entitlement; and (b) the vendor has the written consent from the property owner and said consent shall be provided to the city upon request.
D. Notwithstanding the foregoing, mobile food facilities may be allowed on private property as a permanent or semipermanent feature only with the approval of a conditional use permit pursuant to the Covina Town Center specific plan. (Ord. 23-05 § 3, 2023.)
5.90.110 Permit rescission.
A. Sidewalk Vendors. The director may rescind a vending permit issued to a sidewalk vendor for a fourth violation or any subsequent violation of this chapter.
B. Mobile Food Facility Operators. The director may rescind a vending permit issued to a mobile food facility operator for a first violation or any subsequent violation of this chapter.
C. Should a vending permit be rescinded, and notwithstanding the timely filing of an appeal pursuant to CMC 5.90.130, the sidewalk vendor or mobile food facility operator shall be required to cease all vending activities and operations immediately. Should the hearing officer reverse or modify the rescission of a vending permit pursuant to an appeal, vending operations may proceed in accordance with the hearing officer’s decision. Notwithstanding any other provision of this code, a sidewalk vendor or mobile food facility operator whose permit has been rescinded shall be ineligible for a new vending permit – and no vending permit shall issue to said vendor or operator, for a period of 12 months from the date of the rescission. (Ord. 23-14 § 18, 2023; Ord. 23-05 § 3, 2023.)
5.90.120 Administrative citations.
A. Except as provided hereinbelow, any violation of this chapter by a sidewalk vendor who has a current and valid sidewalk vending permit issued by the city pursuant to this chapter only by an administrative citation issued in accordance with Chapter 1.26 CMC in the following amounts:
1. One hundred dollars for a first violation.
2. Two hundred dollars for a second violation within one year of the first violation.
3. Five hundred dollars for each additional violation within one year of the first violation.
B. Any violation of this chapter by a sidewalk vendor without a current and valid sidewalk vending permit or by any mobile food facility operator is punishable by an administrative citation in the following amounts:
1. Two hundred fifty dollars for a first violation.
2. Five hundred dollars for a second violation within one year of the first violation.
3. One thousand dollars for each additional violation within one year of the first violation.
4. Upon proof of a valid sidewalk vending permit by any sidewalk vendor issued an administrative citation, the fines set forth in this subsection shall be reduced to the amounts set forth in subsection (A) of this section. This reduction is not applicable to any fine imposed upon a mobile food facility operator.
C. A violation of this chapter by a sidewalk vendor shall not be punishable as an infraction or misdemeanor. No sidewalk vendor alleged to have violated the provisions of this chapter shall be subject to arrest except when otherwise permitted by law.
D. Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
E. When assessing administrative citations issued to a sidewalk vendor pursuant to this chapter, the hearing officer shall take into consideration the person’s ability to pay the fine. The city shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. This is not applicable to a citation issued to a mobile food facility operator.
F. If a sidewalk vendor issued an administrative provision alleging a violation of any provision of this chapter meets the criteria described in California Government Code Section 68632(a) or (b), the city shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this chapter.
G. The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.
H. Notwithstanding subsections (A) through (G) of this section, penalties for violations of this chapter related to mobile food facility operation shall be as set forth in Chapter 1.16 or 1.26 CMC (as determined by the enforcement official or city prosecutor) and any penalties provided therein are cumulative to any other penalty provided by law. (Ord. 23-14 §§ 19 – 24, 2023; Ord. 23-05 § 3, 2023.)
5.90.130 Appeals.
A. Any person aggrieved by the decision of the director to issue, deny issuance, or rescind a vending permit may file an appeal with the city clerk within 14 calendar days from the date of the decision. The permit, if one has been issued, shall remain in effect while the appeal is being heard by the hearing officer. The hearing officer shall make their decision on the basis of the preponderance of the credible evidence presented at the appeal hearing and shall render a decision within 30 days of the hearing to either affirm, reverse, or modify the action of the director. The decision shall be in writing, and shall set forth the findings and reasons for the decision. The hearing officer’s decision after such hearing shall be final and conclusive.
B. Except as otherwise specified herein, appeals of administrative citations shall be conducted in accordance with the procedures and requirements of Chapter 1.26 CMC. (Ord. 23-05 § 3, 2023.)
5.90.135 Removal of sidewalk vending items from public right-of-way.
A. Definition. As used in this section, “sidewalk vending items” or “items” shall include any vending cart, food, merchandise, goods, utensils, propane tanks, and all other equipment utilized in a sidewalk vending operation.
B. Removal Authorization. In order to protect the health, safety, and welfare of sidewalk vendors, patrons, and the general public, any enforcement official (as defined by this chapter) may cause the removal of sidewalk vending items from any public sidewalk, park, or other right-of-way in accordance with the provisions of this section and any other rules and regulations duly promulgated by the director (in accordance with CMC 5.90.140).
C. Grounds for Removal. Sidewalk vending items may be summarily removed from any public sidewalk, park, or other right-of-way based upon a determination by an enforcement official that any of the following grounds exist – each of which the city council has determined constitutes an imminent threat to the health, safety, and welfare of a sidewalk vendor, patrons, and/or the general public).
1. The sidewalk vending items are being used to vend or display any prohibited merchandise or food in violation of CMC 5.90.080(BB).
2. The sidewalk vending items are being used to vend or display food without a current and valid required permit as issued by the Department of Public Health being displayed on the vending cart.
3. The sidewalk vending items on sidewalks that cause or contribute to a substantial obstruction to accessibility requirements on sidewalks or adjacent real property.
a. For purposes of this provision, “substantial obstruction” shall mean providing less than 48 inches of accessible path of travel, without obstruction, along the paved portion of any sidewalk or park pathway, so as to prevent persons to freely walk, run, or use mobility assistance devices upon that sidewalk or pathway, or that otherwise violates the federal Americans with Disabilities Act of 1990 and other disability access standards.
4. The sidewalk vending items are left unattended for a period of at least 20 consecutive minutes.
a. For purposes of this provision, an enforcement official may satisfy the 20-minute observation period by placing or attaching a notice to the sidewalk vending items or adjacent to the items, and then observing and documenting the notice and/or items is/are undisturbed after the passage of at least 20 minutes. A separate written notice for each item appearing to be used by the same sidewalk vending operation is not required to satisfy the observation period.
b. Prior to removal of unattended sidewalk vending items, the enforcement official shall make a reasonable attempt to locate the owner(s) of the unattended items and to request removal of the items. If the owner cannot be identified or located, the enforcement official may cause the removal of the items.
5. The sidewalk vending items are abandoned.
a. For purposes of this provision, items shall be deemed abandoned in any of the following circumstances:
i. A vendor affirmatively disavows or denies ownership of any sidewalk vending items in response to an enforcement official’s question as to ownership;
ii. A vendor affirmatively relinquishes ownership or control over any sidewalk vending items; or
iii. The enforcement official observes a vendor discarding and leaving such sidewalk vending items on public property in such a manner that leads the enforcement official to find, based upon the totality of the circumstances, that the vendor has abandoned the items.
b. Sidewalk vending items that are placed in the car or possession of another individual present at the scene does not constitute abandonment (however, removal might be authorized pursuant to another provision of this section or other applicable law).
6. The sidewalk vending items constitute an imminent threat to the health and safety of the general public as determined by the enforcement official.
7. The sidewalk vending items create an imminent environmental hazard as determined by the enforcement official – including, but not limited to, illicit discharges into the city’s MS4 or receiving waters; discharge of fats, oil, grease, or other slippery substances onto the sidewalk, landscaped parkway, or street or roadway.
8. The sidewalk vending items are being used to vend or display any merchandise or food in any location that constitutes a violation of CMC 5.90.080, and the operator fails to comply with an enforcement official’s instructions to remove the sidewalk vending items from the public sidewalk, park, or other right-of-way in a reasonable amount of time as determined by the enforcement official.
Nothing in this section limits, modifies, or negates any other ground or basis for removal or impoundment as allowed by federal, state, or local law – including, but not limited to, the removal of sidewalk vending items from public or private property that constitutes evidence of a crime, or pursuant to California Health and Safety Code 114393(a).
D. Removal Procedure. The removal of any sidewalk vending items shall be in accordance with the following procedures and any other rules and regulations promulgated by the director (in accordance with CMC 5.90.140).
1. Notice of Removal. At the time of removal of any sidewalk vending item, the enforcement official shall provide the person from whom the sidewalk vending items are being taken or who otherwise asserts ownership, possession, or control over the items with a notice of removal that includes instructions and timeframes for the retrieval of the items (as set forth in this section). The notice shall also advise the person of his or her right to appeal the removal of the items within 14 calendar days of removal.
a. In the event that the owner or other person in possession and control of the items to be removed leaves the scene or otherwise refuses to accept the notice, the enforcement official shall mail the notice via first class mail to the person from whom the items were removed or who otherwise asserts possession and control of the items within 24 hours of removal if the person provided his or her name and contact information to the enforcement official.
2. Inventory. Irrespective of the basis for removal, the enforcement official shall document, at a minimum, the following information (as applicable):
a. The time period when the enforcement official observed unattended sidewalk vending items;
b. The location where the sidewalk vending items were located prior to removal;
c. Any reasonable attempt to locate the owner of the sidewalk vending items – including any person’s refusal to provide identification;
d. The circumstances that support the enforcement official’s determination of the grounds or bases for removal – including the vendor’s failure to comply with an enforcement officer’s instructions to remove the sidewalk vending items from the sidewalk, park, or other public right-of-way;
e. The date and time of removal of the items;
f. An inventory with a complete description of sidewalk vending items removed – including any items that were disposed of pursuant to subsection (D)(3)(a) of this section. The inventory should also state the basis for disposing of any removed item.
i. If, based upon a totality of the circumstances, the enforcement official cannot complete an inventory of each item being removed at the time of removal due to safety concerns, the enforcement official may relocate the sidewalk vending items to a safe location and complete the inventory and description of items thereat. No item shall be disposed of prior to completion of the inventory of that item.
3. Storage or Disposal of Removed Sidewalk Vending Items.
a. An enforcement official may immediately dispose of any removed sidewalk vending item that is perishable, the storage of which would constitute a health or safety concern, or that otherwise cannot be safely stored by the city.
b. Notwithstanding the provisions of Chapter 2.24 CMC, other than those sidewalk vending items that are removed pursuant to subsection (D)(3)(a) of this section, all other sidewalk vending items removed pursuant to the provisions of this section shall be held and stored at a city facility approved by the director for a period of not less than 90 calendar days from the date of removal unless the person from whom the items were removed or who otherwise asserts possession and control of the items reclaims the items sooner in accordance with subsection (E) of this section.
4. Forfeiture of Unclaimed Items to the City. Notwithstanding the provisions of Chapter 2.24 CMC, any sidewalk vending items that are not reclaimed in accordance with the provisions of subsection (E) of this section within 90 calendar days from the date of removal shall be forfeited to the city and may be disposed of or sold by the city in its sole discretion, without regard to any actual or salvage value (if any). Forfeiture and disposal or sale of unclaimed items shall be stayed pending any timely appeal filed in accordance with subsection (F) of this section (except for those items disposed of in accordance with subsection (D)(3)(a) of this section).
E. Reclaiming of Removed Items by Owner or Operator. Prior to the expiration of the 90-day retention period set forth in subsection (D)(3)(b) of this section, any person to whom a notice of removal was provided or other person asserting ownership of sidewalk vending items removed by the city may reclaim the items upon providing satisfactory proof of ownership and payment to the city of any applicable removal and storage fees. An appeal is not required to reclaim removed items.
F. Appeal of Removal of Sidewalk Vending Items. Any person to whom a notice of removal was provided or other person asserting ownership of sidewalk vending items removed by the city may contest/appeal the removal of sidewalk vending items by filing a written request for appeal with the community development department within 14 calendar days of removal. Any request for appeal shall contain, at a minimum, the following information (if known to the appellant):
1. The date and time the items were removed by the city;
2. The location from which the items were removed by the city;
3. If appellant is not the person to whom a notice of removal was issued, proof of ownership of the items that were removed by the city;
4. A brief statement explaining why the removal was improper in sufficient detail to enable the hearing officer to understand the nature of the controversy.
Other than as set forth in this section and unless alternative rules and regulations governing the appeal hearing are promulgated by the director (pursuant to CMC 5.90.140), appeals challenging the removal of sidewalk vending items shall be conducted in accordance with the procedures and requirements of Chapter 1.26 CMC. As California Government Code Section 53069.4(b) is inapplicable to appeals of the removal of sidewalk vending items, and notwithstanding CMC 1.26.100(C) and (E), the determination of the hearing officer on any timely appeal shall be deemed a final and binding administrative decision and shall not be subject to an appeal to the superior court. (Ord. 23-14 § 25, 2023.)
5.90.140 Administrative regulations.
The director may promulgate administrative regulations to implement the provisions of this chapter, including, but not limited to, permit application procedures and requirements, permit conditions, operating conditions, inspection frequencies, enforcement procedures, location restrictions, or concentration restrictions. No person shall fail to comply with any such regulations. (Ord. 23-05 § 3, 2023.)