Chapter 9.83
VENDING ON CITY SIDEWALKS
Sections:
9.83.030 Sidewalk vending permit and inspection.
9.83.040 Requirements of operation.
9.83.050 Locations where sidewalk vending is prohibited.
9.83.060 Sidewalk vending in residentially zoned areas.
9.83.070 Sidewalk vending within a city park.
9.83.080 Conveyance standards.
9.83.090 Violations—Penalties.
9.83.110 Appeal of denial, suspension or revocation.
9.83.010 Purpose and intent.
The purpose and intent of this chapter is to establish a uniform and comprehensive set of standards and regulations for sidewalk vending in the city of Cerritos. The regulations contained herein are designed to promote and protect the public health, safety, and general welfare of citizens of the city of Cerritos and to reduce or eliminate any potential adverse impacts from sidewalk vending operations. At the same time, the intent is to comply with the provisions provided for in Section 51036 et seq. of the California Government Code, to not unduly restrict the operation of sidewalk vendors, and to encourage a balance between the managed establishment of sidewalk vending operations and objective public health, safety and welfare concerns. (Ord. 1025 § 2 (part), 2019)
9.83.020 Definitions.
For the purpose of this chapter, the following terms shall have the following meanings unless it is clear from the context that a different meaning is intended:
(1) The “Civic Center” means the parcels of land owned by the city located at the northwest corner of Bloomfield Avenue and 183rd Street and occupied by the City Hall, city library, and sheriff station. All internal streets, rights-of-way, sidewalks, ramps, paths, curbs, drains, gutters, parking lots, paved areas, fountains, parks, landscaped areas or public places within the above-described real property are included in the term “Civic Center” as used in this chapter.
(2) A “conveyance” means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other non-motorized conveyance used by a sidewalk vendor for purposes of vending.
(3) A “roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction, as defined in Government Code Section 51036, as amended from time to time.
(4) A “sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, pedal-driven cart, wagon, showcase, rack or other non-motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path, as defined in Government Code Section 51036, as amended from time to time. For purposes of this chapter, “sidewalk vendor” shall not include a “mobile restaurant” as defined in Chapter 5.12.
(5) A “stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location, as defined in Government Code Section 51036, as amended from time to time. (Ord. 1025 § 2 (part), 2019)
9.83.030 Sidewalk vending permit and inspection.
Prior to commencing any sidewalk vending operations, a sidewalk vendor shall obtain a sidewalk vending permit from the department of community development, subject to the following criteria:
(1) Business License Required. No sidewalk vendor shall operate without securing and maintaining a valid city business license issued pursuant to Chapter 5.04.
(2) Display of Permit and License. A city-issued sidewalk vending permit and business license shall be prominently displayed in a publicly visible location at all times.
(3) Sale of Goods. No sidewalk vendor shall vend goods other than those approved through the sidewalk vending permit.
(4) Transfer of Permit. No permit issued under the provisions of this chapter shall be transferable to any other person, sidewalk vendor, or sidewalk vending entity.
(5) Health Department Permit. No permit shall be issued under this chapter for any sidewalk vendor vending food or beverages without first obtaining and maintaining a valid health permit issued by the Los Angeles County department of public health that remains in full force and effect for sidewalk vending in the city of Cerritos.
(6) Liability Insurance. No sidewalk vendor shall engage in, conduct, or carry on any sidewalk vending activity unless there is proof of general liability insurance, in full force and effect at all times, for public liability and bodily injury insurance providing minimum coverage of one hundred thousand dollars.
(7) Permit Renewal. A sidewalk vending permit shall be valid for a one-year period, unless revoked or suspended prior to expiration. An application for renewal of a sidewalk vending permit shall be filed with the department of community development no later than sixty days before the expiration of the existing permit.
(8) Grounds for Denial. A sidewalk vending permit application may be denied based upon one of more of the following:
(a) The permit application is incomplete or inaccurate;
(b) The applicant is under eighteen years of age;
(c) The applicant seeks authorization for sidewalk vending that is unlawful pursuant to this code, or that is unlawful pursuant to any other local, state, or federal law;
(d) The sidewalk vending equipment or location does not comply with the requirements of this chapter;
(e) The applicant fails to pay the required sidewalk vending permit fees or any other applicable fees.
(9) Inspection. Representatives of the police department, health department, fire department, code enforcement, department of community development, or other city departments or agencies charged with enforcing laws related to sidewalk vending activities shall be permitted, at any time a sidewalk vendor is operating in the city, to inspect a sidewalk vending conveyance for compliance with local or state law or regulation. (Ord. 1025 § 2 (part), 2019)
9.83.040 Requirements of operation.
The following general operation requirements shall apply to any sidewalk vending operation or sidewalk vendor:
(1) Sidewalk vending conveyances shall not be left unattended at any time.
(2) Sidewalk vendors shall remain or stand within five feet of the sidewalk vending conveyance when conducting sidewalk vending activities.
(3) Sidewalk vendors shall be required to provide a trash receptacle for consumer use to ensure proper disposal of consumer refuse. No trash or refuse generated by sidewalk vending activities shall be disposed of in public trash receptacles. Sidewalk vendors shall maintain a minimum ten-foot clean and refuse-free radius from the sidewalk vending conveyance at all times. A sidewalk vendor shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities which fall onto public property.
(4) Sidewalk vending conveyances or vendor trash receptacles shall not be stored, parked, chained, fastened, or left overnight on a public right-of-way, sidewalk or park.
(5) Items related to the operation of a sidewalk vending conveyance shall not be placed anywhere other than in or under the conveyance.
(6) Setting up, maintaining, or permitting the use of additional tables, crates, cartons, racks or any other device to increase the sale or display capacity of the sidewalk vending conveyance, where such terms have not been approved through a sidewalk vending permit, shall be prohibited.
(7) The solicitation or vending with persons in motor vehicles shall be prohibited.
(8) Devices producing a loud noise, or the use or operation of a loudspeaker, public address system, radio, sound amplifier, or similar device shall be prohibited.
(9) The sale of alcohol, marijuana, adult-oriented material, tobacco products, electronic cigarettes or products that contain nicotine, or any product used to smoke/vape nicotine or marijuana, shall be prohibited.
(10) Use of an electrical outlet or power source that is owned by the city, or any other entity, other than the sidewalk vendor’s own source shall be prohibited.
(11) Sidewalk vendors shall be prohibited from continuing to offer food or merchandise for sale, following or accompanying any person who has been offered food or merchandise after the person has asked the sidewalk vendor to leave or after the person has declined the offer to purchase food or merchandise.
(12) Sidewalk vendors shall, at all times, comply with the Americans with Disabilities Act of 1990 and amendments thereto, pertaining to pedestrian access.
(a) A sidewalk vendor shall operate in a manner that maintains a minimum of three feet clear space for pedestrian path of travel at all times.
(13) Notwithstanding any specific prohibitions to this section, sidewalk vendors shall be prohibited to install, use, or maintain a conveyance where placement endangers the safety of persons or property. (Ord. 1025 § 2 (part), 2019)
9.83.050 Locations where sidewalk vending is prohibited.
Sidewalk vending shall be prohibited in the following locations:
(1) At the Civic Center, Cerritos Iron-Wood Nine Golf Course, and the Cerritos Center for the Performing Arts.
(2) On any street that does not have public sidewalk.
(3) On or within a street median.
(4) Within a parking lot of a city park or public facility.
(5) Within twenty-five feet of unmarked or marked crosswalks.
(6) Within one hundred feet from any intersection of two or more public streets.
(7) Within five hundred feet of any freeway on-ramp or off-ramp.
(8) Within fifty feet of a fire hydrant.
(9) Within fifty feet of city trash receptacles, bike racks, benches, bus stops or shelters, or restrooms.
(10) Within fifty feet of an automated teller machine (ATM).
(11) Within fifty feet of an entrance or exit to a building, structure or facility.
(12) Within fifty feet of the outer edge of a driveway or vehicular entrance.
(13) Within one thousand feet from any public or private school or daycare center, during school hours, one hour before and one hour after school hours.
(14) Within five hundred feet of a certified farmers’ market during the operating hours of that certified farmers’ market.
(15) Within five hundred feet of a special event authorized under a temporary use permit. (Ord. 1025 § 2 (part), 2019)
9.83.060 Sidewalk vending in residentially zoned areas.
In addition to the requirements set forth herein, sidewalk vending in residentially zoned areas shall be subject to the following:
(1) Roaming sidewalk vendors shall be prohibited from operating between the hours of five p.m. to nine a.m.
(2) Roaming sidewalk vendors shall move continuously, except when conducting a sale, which must last no more than seven minutes per sale.
(3) Stationary sidewalk vendors shall be prohibited. (Ord. 1025 § 2 (part), 2019)
9.83.070 Sidewalk vending within a city park.
In addition to the requirements set forth herein, sidewalk vending within a city park shall be subject to the following:
(1) A sidewalk vendor shall not interfere in any way with anyone engaged in a sporting activity or approach spectators who are watching a sporting activity to sell food or merchandise.
(2) A sidewalk vendor shall be prohibited from operating within fifty feet of an abutting residential zone.
(3) A sidewalk vendor shall be prohibited from operating within twenty-five feet of a public picnic area, playground area or playground equipment.
(4) A sidewalk vendor shall be prohibited from operating within twenty-five feet of any public community center, athletic field, softball/baseball diamond, basketball court, handball court, tennis court, soccer field or volleyball court.
(5) A stationary sidewalk vendor shall be prohibited from operating within a city park during the hours of operation of a concessionaire. (Ord. 1025 § 2 (part), 2019)
9.83.080 Conveyance standards.
All sidewalk vending conveyances shall comply with the following standards during operation:
(1) Conveyance Size. A sidewalk vending conveyance shall be no greater than fifteen square feet, and shall not exceed a linear distance greater than five feet on any one side.
(2) Signs.
(a) All conveyance signs shall be subject to review and approval by the department of community development.
(b) A sidewalk vending conveyance shall be prohibited from posting advertisement signs, except to identify the name of the goods or products available for sale, the name of the vendor, and the costs of goods or products.
(c) Signs shall be no greater than three square feet in size.
(d) Signs shall be placed directly on the conveyance and free-standing signs shall be prohibited.
(e) Electric, flashing, wind-powered, or animated signs shall be prohibited.
(3) Maintenance. A sidewalk vending conveyance shall be maintained in a neat, clean, and orderly condition at all times. (Ord. 1025 § 2 (part), 2019)
9.83.090 Violations—Penalties.
Any person violating the provisions of this chapter shall be punishable as follows:
(1) Violations, other than failure to possess a valid city-issued sidewalk vending permit, are punishable by the following:
(a) An administrative fine not exceeding one hundred dollars for a first violation.
(b) An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.
(c) An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.
(d) Rescission of a sidewalk vending permit for the term of that permit upon the fourth violation or subsequent violations within one year of the first violation.
(2) Violations by vending without a city-issued business license or sidewalk vending permit are punishable by the following:
(a) An administrative fine not exceeding two hundred fifty dollars for a first violation.
(b) An administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation.
(c) An administrative fine not exceeding one thousand dollars for each additional violation within one year of the first violation. (Ord. 1025 § 2 (part), 2019)
9.83.100 Ability to pay.
All fines imposed pursuant to Section 9.83.090 shall be subject to an ability-to-pay determination as described in California Government Code Section 51039(f). Concurrently with issuing a citation for such fines to a person, the city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. (Ord. 1025 § 2 (part), 2019)
9.83.110 Appeal of denial, suspension or revocation.
After denial of an application for a city business license or a sidewalk vending permit, or after denial of renewal of a license or permit, or suspension or revocation of a license or permit, the applicant or person to whom the license was granted may seek review of such administrative action by the city manager. If the denial, suspension, or revocation is affirmed on review, the applicant may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5. The city shall make all reasonable efforts to expedite judicial review, if sought by applicant. (Ord. 1025 § 2 (part), 2019)