Chapter 5.56
SIDEWALK VENDING

Sections:

5.56.010    Purpose and findings.

5.56.020    Definitions.

5.56.030    Permits required – Fees.

5.56.040    Regulation of sidewalk vendors.

5.56.060    Exceptions.

5.56.070    Violations and penalties.

5.56.080    Impoundment process.

5.56.090    Ability-to-pay determination.

5.56.010 Purpose and findings.

A. The purpose and intent of this chapter is to regulate the sale of food, food products, ice cream, goods, or merchandise from motor vehicles or pushcarts on public property and in the public right-of-way, and to protect the public peace, health, safety, and welfare of the people within the city.

B. The regulations set forth in this chapter are intended to protect the public peace, health, safety, and welfare of the public and sidewalk vendors operating upon public property or the public right-of-way. (Ord. 914 § 5, 2021).

5.56.020 Definitions.

For the purposes of this chapter:

A. “Food item” shall mean all food and drink intended for human consumption.

B. “Public right-of-way” shall mean any public sidewalk or any public property within the city.

C. “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon public streets, public right-of-way, or public property.

D. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction, and includes, but is not limited to, pushcarts.

E. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (Ord. 914 § 5, 2021).

5.56.030 Permits required – Fees.

A. It is unlawful for any person to engage in or employ any person to engage in the business of sidewalk vending without first obtaining and maintaining a sidewalk vending permit pursuant to this chapter to conduct such business.

B. Fees for such permits shall be in an amount determined by resolution.

C. To apply for a sidewalk vending permit, an applicant must provide:

1. A completed application form containing: (a) the applicant’s name and mailing address; (b) a description of the merchandise offered for sale or exchange; (c) the applicant’s proposed area of operation with reference to streets and other identifying landmarks; (d) if applicable, the name of any business entity the applicant works for or with; (e) certification that the information in the application is true; and (f) agreement to comply with all provisions of this chapter and all applicable provisions of this code.

2. A copy of the applicant’s California driver’s license or identification number, individual taxpayer identification number, social security number, federal identification number, or other identification number issued by a foreign government.

3. A list of no more than three individuals, including the applicant, who may be involved in the sidewalk vending operation. Each individual must obtain a sidewalk vending worker permit. Any person desiring a work permit shall submit a written application signed under penalty of perjury to the city’s community development department on a form specifically adopted by the department for that purpose and pay a fee in an amount to be set by resolution. Upon approval of a sidewalk vendor worker permit, the city shall issue a sidewalk vendor worker identification card to the sidewalk vendor work permit applicant.

4. If vending food, a copy of a valid health permit issued by the county of Los Angeles.

D. Permits must be renewed on an annual basis.

E. Only one sidewalk vendor permit may be issued to any one person. A sidewalk vendor permit shall only permit the operation of one sidewalk vendor at any one time. A sidewalk vendor permit is not transferrable.

F. The director of community development or his or her 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, if applicable for food vendors.

2. Upon the fourth violation or subsequent violations of the regulations set forth in this chapter.

G. The issuance of a sidewalk vending permit does not authorize otherwise unlawful activities and does not exempt permittees from complying with other applicable regulations. (Ord. 914 § 5, 2021).

5.56.040 Regulation of sidewalk vendors.

A. Sidewalk vendors shall have a valid permit from the Los Angeles County health department for food sales, except where the county does not issue permits for the type of sidewalk vending operated by the vendor. The revocation or expiration of a county permit shall result in the automatic suspension of the sidewalk vending permit issued by the city.

B. Sidewalk vendors shall display their city-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance when operating in the public right-of-way.

C. Sidewalk vendors shall not display items for sale on the ground or use floor displays. Sidewalk vendors shall only display their merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

D. All vendor conveyances shall be maintained in a clean and working state.

E. Sidewalk vendor workers shall display their city-issued sidewalk vending worker identification card while engaged in sidewalk vending activities.

F. Sidewalk vendors shall maintain a clean selling area, provide a means for patrons to dispose of trash, and haul away all trash generated by his or her operation. Every sidewalk vendor shall provide a refuse container with a capacity of at least five gallons. Sidewalk vendors shall dispose of trash at vendor’s own place of business or residence; sidewalk vendors shall not place trash in public trash cans or in a private trash can not related to the sidewalk vendor’s operation.

G. Sidewalk vendors shall not use any signs in connection with the sale, display or offering for sale of items, except for those signs affixed to or painted on the sides or canopy of the pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

H. Sidewalk vendors using electricity must do so only through the use of a generator or battery pack contained on the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. Sidewalk vendors shall not use extension cords to connect to a power source not contained on the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

I. To prevent dangerous distractions and promote the general welfare of the city’s residents, sidewalk vendors shall limit the use of flashing lights and shall not use sound-amplifying equipment in connection with the sale, display, or offering for sale of items, except for one bell or one manually operated bicycle horn.

J. Sidewalk vending must be contained to the sidewalk vending cart. Sidewalk vendors may not augment operations by setting up accessories, equipment, canopies, tables, chairs, or stools near the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

K. Sidewalk vending is limited to the hours of 7:00 a.m. and 10:00 p.m.

L. Stationary sidewalk vendors are prohibited from operating in areas that are zoned as exclusively residential. Stationary sidewalk vendors may operate in mixed-use areas and nonconforming residential structures so long as they operate adjacent to a permitted commercial use. Roaming sidewalk vendors operating in areas that are zoned as exclusively residential shall stop only to complete transactions.

M. Sidewalk vendors shall not sell, display, or offer to sell items in the following areas:

1. Within 600 feet of the police department or fire station.

2. Ford Park and the sidewalks adjacent to Ford Park’s boundaries.

3. Within 500 feet of a permitted swap meet, or any area subject to a city-issued special event permit for the duration of the permit.

4. On a center divider, a landscaped center median or landscaped parkway.

5. Within 50 feet of another vendor, measured on the same side of any public right-of-way. To avoid conflict, vendors may identify a single location on their permit application, which is renewable annually. Any vendor requesting a location already granted to another vendor will be given preference for that location the following year on a first-come, first-served basis.

N. To maintain accessibility standards for the city’s residents with disabilities, every sidewalk vendor operating on public property or in the public right-of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk to less than 48 inches, exclusive of the top of the curb. No obstruction shall be in a sidewalk or public right-of-way less than six feet in width when the sidewalk is adjacent to the curb.

O. A stationary sidewalk vendor may not occupy more than 15 square feet on public property or in the public right-of-way.

P. Vending of counterfeit merchandise is prohibited.

Q. To prevent food-borne illness and protect the health and safety of the city’s residents, sidewalk vendors selling any food or beverage shall wear hairnets and food service gloves.

R. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of public property of public right-of-way. No person shall attempt to reserve any portion of any public property or public right-of-way exclusively for his or her operation.

S. Sidewalk vendors shall not leave or maintain any accessories, equipment, or objects used for sidewalk vending purposes on public property or in any portion of the public right-of-way after sunset or before sunrise. Any equipment or objects left overnight on public property or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city.

T. Sidewalk vendors shall not engage in vending in such a manner as to cause onlookers, customers, or others to obstruct the free flow, access, or view of pedestrian or vehicular traffic.

U. Sidewalk vendors shall not operate in traffic intersections, streets, street medians, street dividers, or alleys.

V. Sidewalk vendors shall not stop, operate, or vend within 50 feet of any intersection.

W. Sidewalk vendors shall not stop, operate, or vend within 25 feet of any red curb or fire lane. (Ord. 914 § 5, 2021).

5.56.060 Exceptions.

A. The city manager may issue, upon application, temporary street vending permits to be valid for no longer than the period designated in the special event permit issued by the city. 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. 914 § 5, 2021).

5.56.070 Violations and penalties.

A. Every person vending without a sidewalk vending permit or violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. One hundred dollars for a first violation; or

2. Two hundred dollars for a second violation within a period of 12 consecutive calendar months of the first violation; or

3. Five hundred dollars for each additional violation within a period of 12 consecutive calendar months of the first violation.

B. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the city may levy a lien on the violator’s real or personal property, including the vehicle used for vending purposes. (Ord. 914 § 5, 2021).

5.56.080 Impoundment process.

A. Any police officer or any other person authorized to enforce this chapter may take possession of a sidewalk vending cart or other device used in violation of this chapter pursuant to the provisions of Section 2080.10 of the California Civil Code. Upon taking possession of a pushcart or other device under this section, the community development director or his designee shall do all 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 obtained 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 community development director or his or her designee shall make reasonable efforts to identify the owner. If the owner is identified, the community development director or his or her 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. 914 § 5, 2021).

5.56.090 Ability-to-pay determination.

A. Any fine issued under BGMC 5.56.070 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.

B. If the requestor is receiving public benefits under Government Code Section 68632, subdivision (a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the community development director or his or her designee will limit the total amount of the requestor’s administrative fine to 20 percent of the total and may:

1. Allow the person to complete community service in lieu of paying the total administrative fine; or

2. Waive the administrative fine; or

3. Offer an alternative disposition. (Ord. 914 § 5, 2021).