Chapter 12.50
VENDORS
Sections:
12.50.050 Operating regulations.
12.50.070 Procedures and guidelines.
12.50.010 Findings; intent.
(a) The City Council finds that vending by the use of vendor vehicles and carts must be regulated by enactment of this chapter to ensure the public safety of those traveling on city streets and sidewalks. Vendors operating motor vehicles and vending carts on public or private streets, public rights-of-way, and private property, including construction sites, present a potential safety hazard to motorists, pedestrians, vendor operators, and their patrons due to street geometries, traffic circulation patterns, emergency access, and travel speeds.
(b) The intent of this chapter is to regulate the sale of food, wares, merchandise, and services by vendors in the city, except those activities exempted by the provisions of this chapter.
(Code 1965, § 6800; Code 2002, § 90-101. Ord. No. 96-8; Ord. No. 25-6 § 7 (Exh. B))
12.50.020 Definitions.
The following definitions shall apply to words used in this chapter:
Cart means any pushcart, pedal-driven cart, wagon, bicycle, tricycle, display, rack, showcase, stand, table, or other nonmotorized cart or conveyance (that is not a vehicle as defined in the California Vehicle Code), other wheeled container or mechanism, and includes a stationary cart or a roaming cart.
Ice cream truck means a motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under 12 years of age, as provided in California Vehicle Code Section 22456, as amended.
Vendor means a person who sells, offers to sell, barters, exchanges, distributes, or displays, whether gratis or for any type of compensation or donation, any type of food, wares, merchandise, samples, coupons, or service at any location other than within a building or structure constructed on a permanent foundation which is occupied, rented, leased, or owned by that person. A person engaged in a business conducted from a building or structure constructed on a permanent foundation that involves outdoor display, sale, or storage of the same types of goods or merchandise sold as part of the primary business activity on those premises shall not be considered a vendor under this chapter. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter.
Vendor license means a license required for vendors to operate as specified in this chapter. A vendor license is not required for ice cream trucks, vendors serving construction sites pursuant to Section 12.50.030(a)(1), or vendors approved as a food vendor group site pursuant to Section 18.200.210 or with a temporary use permit pursuant to Section 18.200.200. Any vendor license issued under this chapter is a revocable license; the issuance or granting of a license under this chapter expressly does not constitute or provide for a permanent right or vested land use right.
Vendor motor vehicle means a motor vehicle from which food items, wares, or other merchandise and/or services are offered for sale, barter, or exchange. A vendor motor vehicle is any vehicle used for commercial purposes including, but not limited to, travel trailers, recreational vehicles, and vans.
(Code 1965, § 6801; Code 2002, § 90-102. Ord. No. 96-8; Ord. No. 25-6 § 7 (Exh. B))
Cross references: Definitions generally, § 1.05.100.
12.50.030 Vending locations.
A vendor may be permitted to operate on public streets, public rights-of-way, or private property as authorized by this section. Unless otherwise specified, a vendor license is required for all vending authorized under this chapter.
(1) Private property. Vending at private property is not allowed except as follows:
a. Construction sites. Vendor motor vehicles and vendor carts are permitted at construction sites without a vendor license when in compliance with the following standards:
1. Vendors shall not stop at any construction site for more than one hour or more than once during any three-hour period.
2. Vendors shall ensure a four-foot path of travel, or an amount otherwise required by federal or state law, is maintained on public sidewalks or pedestrian paths of travel.
3. Vending activities shall not be conducted before 7:30 a.m. or after 6:00 p.m. Monday through Friday. No vending shall be conducted at construction sites on weekends.
4. Vendors shall not impede circulation or block driveways, drive aisles, emergency access, or site improvements which are required for other businesses or uses on the property.
b. Food vendor group sites. Requires a minor use permit or administrative permit pursuant to Title 18.
(2) Public streets or rights-of way. Vending is allowed only from vendor motor vehicles (not from carts) subject to a vendor license from the Planning Division. Such vehicles shall not be allowed to operate on public streets or rights-of-way where a public safety hazard exists or potentially exists and the approving authority may impose reasonable conditions as provided in Section 12.50.070. The Planning Division may use, but is not limited to, the following criteria to determine the suitability of vending from motor vehicles:
a. The vendor motor vehicle shall only park where there is legal on-street parking that is large enough to accommodate the vehicle without any part of the vehicle length or width encroaching on the traveled way. The motor vehicle shall occupy no more than 40 feet of length.
b. Vendors shall comply with all color curb controls and parking restrictions, including any posted signs or notices.
c. There shall be at least four feet of clearance on the sidewalk or pedestrian area abutting the vendor motor vehicle during vending operations.
d. If the Planning Division determines that a vendor negatively affects vehicular or pedestrian safety, the vendor activity shall be prohibited.
e. Vendors shall not be permitted to operate in the Downtown Pedestrian or Downtown Mixed Use Zoning Districts, except as authorized by the city.
f. Vendors shall not be permitted to operate within 100 feet of another stationary vendor with a valid vendor license (i.e., motor vehicle or sidewalk vendor), or food vendor group site as defined in Section 18.200.210.
g. Vending within 100 feet of the property line of any school shall not be permitted during lunch or within one hour before or one hour after school drop-off and pickup operations.
h. Vending on streets immediately adjacent to a city park shall be prohibited, except as authorized by the city.
i. Vendors shall be prohibited on streets in or abutting residential districts, except as otherwise allowed in special vendor activities and locations below.
(3) Special vendor activities and locations.
a. Ice cream trucks are permitted without a vendor license on streets with a posted speed limit of 25 miles per hour or less. Ice cream trucks shall comply with California Vehicle Code Section 22456.
b. Solano Flea Market. Up to five vendor motor vehicles are permitted in the designated area on Arnold Industrial Place, subject to a vendor license from the Planning Division.
c. Vending is permitted without a vendor license at community and neighborhood events and fundraisers provided these occur no more frequently than three times per year at any specific address, the vendor is invited by the person or entity hosting the event (i.e., person or entity with possession or control of the adjacent property), and no event may exceed two consecutive days.
(Code 1965, § 6802; Code 2002, § 90-103. Ord. No. 96-8; Ord. No. 02-5; Ord. No. 14-6, § 13; Ord. No. 25-6 § 7 (Exh. B))
12.50.040 Vendor licenses.
(a) Review authority. The Planning Division shall be the review authority for vendor licenses.
(b) Application and license procedures.
(1) A person desiring to engage in a vendor operation as defined by this chapter shall submit a written application in a form acceptable to and with all supporting information required by the Planning Division. Prior to initiating any vending operations, all necessary approvals shall be obtained, including a vendor license from the Planning Division and the permits and licenses listed below.
a. Business license. Every vendor shall obtain a city business license in accordance with Chapter 5.05 and comply with any other related state licensing, as applicable.
b. County Environmental Health Division consumer protection permit. A permit is required from the County Environmental Health Division in order to sell or offer food and/or beverages for sale. Such permits shall be obtained prior to and a copy submitted along with the vendor application materials required by the city.
c. State seller’s permit. Vendors must obtain a seller’s permit issued by the California Department of Tax and Fee Administration.
(2) Every vendor operating a vendor motor vehicle shall provide proof of a valid California driver’s license, current vehicle registration, a copy of an applicable vehicle insurance policy, and general liability and property damage insurance policy, together with an insured endorsement, in a form and amounts acceptable to the City Attorney. Such policies shall name the city as an additional insured.
(3) To the extent permitted by law, approved vendors operating on public streets or rights-of-way shall enter into an agreement indemnifying, defending, holding harmless, and releasing the city of all liability in the event of an accident or injury resulting from the vendor’s location or operations.
(4) Upon request by any person, or at the discretion of the Planning Division, a vendor’s application may be referred to either the Zoning Administrator or Planning Commission.
(c) Vendor license timeframe. Unless a different time period is specified by a vendor license as required by other provisions of this section, vendor are valid for a period not to exceed 12 months. A vendor license may be renewed for an additional period of up to 12 months per renewal at the discretion of the Planning Division. No vendor license shall be transferable, except with the written consent of the Planning Division.
(1) The Planning Division may deny applications for renewal if it is determined that the applicant has failed to pay any previous business license fees, administrative citations, or fines.
(d) License suspension and revocation.
(1) Grounds for suspension or revocation. The Planning Division may suspend or revoke a vendor license or modify its conditions for reasons including, but not limited to, any of the following:
a. Falsifying any information or omitting a fact required to be supplied by the licensee upon which issuance of the vendor license was based.
b. Conviction of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the license was issued.
c. Commission of acts involving dishonesty, fraud, or deceit with the intent to substantially benefit the applicant or another, or substantially injure another.
d. Commission of acts which would constitute a felony or which would constitute a crime if the acts are substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the license was issued.
e. Violation of any zoning, health, safety, fire, police or other provision of this Code or of county, state, or federal law relating to the permitted activity which substantially affects the public health, safety, or welfare.
f. Violation of the terms and conditions of the vendor license or other requirements of this chapter.
(2) Notice. Notice of suspension or revocation shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the license holder’s address as set forth on the application for a license. Service shall be deemed made on the license holder on the date personally delivered or on the date of mailing.
(3) Request for appeal. No suspension or revocation shall become effective until expiration of the appeal period. A license holder may appeal such suspension or revocation to the City Manager, or designee, by filing a written notice of appeal with the Planning Division within 10 days following the date of service of such decision. If a timely appeal is filed, the suspension or revocation shall be stayed pending the decision of the City Manager, or designee. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.
(4) Hearing. Upon receipt of a timely appeal, the City Manager, or designee, shall endeavor to hear such appeal no more than 45 days from the city’s receipt of an appeal, unless both the appellant and city consent to a later date. The City Manager, or designee, shall give the appellant not less than five days’ advance notice of the date of such hearing. The decision of the City Manager, or designee, shall be based upon the criteria set forth in subsection (b) of this section and this subsection (d) which pertain to the issuance or suspension or revocation of a vendor’s license. The appellant shall be notified of the decision of the City Manager, or designee, by mailed, written notice. The decision of the City Manager, or designee, shall be final. No suspension or revocation of a license pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager’s, or designee’s, decision. Provided, however, no vendor license holder shall operate during any period of time in which the insurance coverage required by this section is not in full force and effect.
(5) Reapplication following revocation or suspension. No person or entity whose license is revoked or suspended shall be eligible to apply for a new license for a period of one year following such revocation or suspension.
(Ord. No. 25-6 § 7 (Exh. B))
12.50.050 Operating regulations.
(a) Compliance with regulations; parking and motor vehicle regulations.
(1) Vendor motor vehicles engaged in vending upon a public street or public right(s)-of-way may vend only when operating in compliance with the regulations established by this section.
(2) Vendor motor vehicles shall be required to comply with all traffic rules and regulations set forth in the Vehicle Code and the Municipal Code, including coming to a complete stop and parking lawfully adjacent to the curb prior to initiating vending operations.
(3) Vendors shall not solicit or conduct business with persons in motor vehicles.
(b) Conditions of approval. The Planning Division may impose reasonable conditions on vendor operations. Such conditions may include, but not be limited to:
(1) Restricting days and hours of operation, contingent upon the vending location.
(2) Limiting the size and scope of the activity.
(3) Prescribing the size and appearance of vendor motor vehicles, structures, and facilities.
(4) Prescribing the size, quantity, and location of signs and other advertising devices.
(5) Requiring a minimum number of persons to be on duty.
(6) Controlling the locations for employee and customer parking.
(7) Regulating refuse collection and cleanup of the premises.
(c) Compliance with code requirements. Licenses or permissions granted hereunder shall not exempt vendors from applicable federal, state, county, and local laws, including without limitation:
(1) Building code and related health or safety codes;
(2) State and county food preparation, handling, and labeling requirements;
(3) Fire codes and regulations;
(4) Noise standards;
(5) Firearms regulations;
(6) Alcoholic beverages, tobacco products, cannabis, electronic cigarettes, smoking devices and controlled substances regulations;
(7) Sanitation and health standards; and
(8) Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
(d) Display of licenses and permits. At all times while vending, a valid city business license and other required licenses and permits shall be displayed on the vendor motor vehicle or cart, as applicable.
(e) Prohibited items. Vendors shall not vend alcohol, cannabis or cannabis accessories (as defined in Section 5.80.020), adult-oriented material, adult-oriented merchandise (as defined in Section 5.75.020), tobacco, tobacco products, tobacco paraphernalia (as defined in Section 5.100.100), prohibited substances or other paraphernalia (as defined in Section 9.05.020), fireworks, flammable or toxic materials, prescription drugs or medical supplies, counterfeit goods, stolen merchandise, animals, or any weapons (including ammunition, knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun).
(Ord. No. 25-6 § 7 (Exh. B))
12.50.060 Exemptions.
The following activities shall be exempt from the provisions of this chapter:
(1) Sidewalk vending, as defined in California Government Code Section 51036(a) and regulated in Chapter 12.55.
(2) Vending in parks or other city property when licensed by the city as a concessionaire or approved via a duly issued City of Concord permit or license.
(3) Vending approved as part of a permitted certified farmers’ market or other events sponsored or expressly authorized by the city, including events subject to a temporary use permit or special event permit.
(4) Sidewalk cafes and outdoor eating areas regulated by Chapter 12.45 and Section 18.200.190.
(5) Outdoor sales and displays regulated by Section 18.200.160.
(6) Vending at schools, attendance at which satisfies the state requirements for compulsory education, as part of school-sponsored events or fundraisers approved by the school.
(Code 1965, § 6803; Code 2002, § 90-104. Ord. No. 96-8; Ord. No. 02-5; Ord. No. 25-6 § 7 (Exh. B). Formerly 12.50.040)
12.50.070 Procedures and guidelines.
The City Manager is hereby delegated the authority to promulgate procedures, regulations, and guidelines to aid in the implementation of this chapter.
(Ord. No. 25-6 § 7 (Exh. B))