Chapter 12.55
SIDEWALK VENDING
Sections:
12.55.030 Procedures and guidelines.
12.55.040 Sidewalk vending license required.
12.55.050 Review of sidewalk vending license application; decision.
12.55.060 Sidewalk vending license expiration and renewal.
12.55.070 Sidewalk vending license suspension or revocation.
12.55.090 Sidewalk vending license nontransferable.
12.55.100 Locations where prohibited.
12.55.110 Operational requirements.
12.55.120 Violations – Penalties.
12.55.130 Ability-to-pay determination.
12.55.010 Purpose.
The state legislature passed Senate Bill (“SB”) 946 in 2018 and SB 972 in 2022, supporting sidewalk vending in order to promote entrepreneurship and support immigrant and low-income communities, and made specific findings in furtherance of those bills.
In recognition thereof, the purpose of this chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of state law, as may be amended, to promote safe vending practices; prevent safety, traffic, and health hazards; and preserve the public peace, safety, and welfare of the community. The city finds that the vending of prepared or prepackaged foods, goods, and/or wares at semipermanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors.
(Ord. No. 25-6 § 7 (Exh. B))
12.55.020 Definitions.
The following words and phrases, whenever used in this chapter, shall mean as follows:
Adult-oriented material means any products, including, but not limited to, books, magazines, photographs, drawings, sculptures, audio/visual representations, or other merchandise which is characterized by exposure of specified anatomical areas or sexual activities.
California Retail Food Code means Part 7 of Division 104 of the California Health and Safety Code (commencing at Section 113700).
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.
Certified farmers’ market means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter, as may be amended.
City means the City of Concord.
City Manager means the City Manager of the City of Concord, or designee.
County means Contra Costa County.
Director means the Director of Community Development of the City of Concord, or designee.
Food means any type of edible substance or beverage.
Goods or merchandise means any items or products of every kind and description, including all food, produce, and beverage items.
Health Department means Contra Costa County Environmental Health or other division within Contra Costa County regulating the vending of food.
Health Department permit means any and all licenses, permits, certifications, and courses required and issued by the Health Department to vend food within the city in accordance with this chapter.
Person means one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity.
Roaming sidewalk vendor or vending has the same meaning as set forth in California Government Code Section 51036(b) and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.
Rules and regulations means the procedures, rules, regulations, and guidelines, if any, promulgated by the City Manager, concerning sidewalk vending that are intended to clarify and aid in the administration and enforcement of this chapter.
Sidewalk means any paved surface in the public right-of-way or public parks provided for the use of pedestrians and includes pedestrian paths, parkways, public sidewalks, or other interests therein owned, held, leased, operated, or otherwise controlled by the city.
Sidewalk vending license means a license issued by the city to vend food, goods, or merchandise within the city in accordance with this chapter.
Sidewalk vendor has the same meaning as set forth in California Government Code Section 51036(a), and includes a person who vends, operates, engages in, manages, or carries on a food or goods/merchandise vending business from a cart, or from one’s person, upon a public sidewalk, pedestrian path, or other public right-of-way available to pedestrians.
State seller’s permit means a permit issued by the California Department of Tax and Fee Administration.
Stationary sidewalk vendor or stationary sidewalk vending means a sidewalk vendor who vends from a fixed location as set forth in California Government Code Section 51036(c).
Swap meet means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article, as may be amended.
Temporary special permit means an event authorized by a 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, temporary event permit, contract, license agreement, temporary use permit, or any similar approval for purposes including, but not limited to, filming, parades, sporting events, festivals, carnivals, or outdoor concerts.
(Ord. No. 25-6 § 7 (Exh. B))
12.55.030 Procedures and guidelines.
The City Manager is hereby delegated the authority to promulgate rules and regulations to aid in the implementation of this chapter.
(Ord. No. 25-6 § 7 (Exh. B))
12.55.040 Sidewalk vending license required.
(a) No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the city without first obtaining a sidewalk vending license pursuant to this chapter, unless otherwise exempt pursuant to this chapter.
(b) To apply for a sidewalk vending license, a person must file an application with the Planning Division accompanied by a nonrefundable application fee in an amount established by resolution of the City Council.
(c) Exceptions. A sidewalk vending license shall not be required for the following activities:
(1) The sale of agriculture products on the site where the product is grown.
(2) Catering for private parties held exclusively on private property and not open to the general public.
(3) 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.
(4) Vending approved as part of a permitted certified farmers’ market, permitted swap meet, or other events sponsored or expressly authorized by the city, including events subject to a temporary special permit.
(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, when sponsored or cosponsored by the school, provided all licenses required by state law or county ordinance are obtained.
(Ord. No. 25-6 § 7 (Exh. B))
12.55.050 Review of sidewalk vending license application; decision.
(a) The Director shall deny the issuance of a sidewalk vending license if it is determined that:
(1) Information contained in the application, or supplemental information requested from the sidewalk vendor, is materially false, misleading, or fraudulent;
(2) The sidewalk vendor has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;
(3) The sidewalk vendor has failed to demonstrate an ability to conform to the prohibitions, restrictions, and operating standards set forth in this chapter;
(4) The sidewalk vendor has failed to pay any previous business license fees, administrative citations, or fines; complete any community service; and/or complete any other alternative disposition associated with a previous violation of this chapter; or
(5) The proposed vending operations are in violation of any federal, state, or local law or ordinance and/or approval of a sidewalk vending license would be contrary to legal requirements applicable to the city.
(b) If the sidewalk vending license is denied, written notice of such denial and the reasons therefor shall be provided to the sidewalk vendor by mail, at their last known address within seven calendar days of the date of decision. Such denial may be appealed pursuant to Section 12.55.080 (Appeals).
(Ord. No. 25-6 § 7 (Exh. B))
12.55.060 Sidewalk vending license expiration and renewal.
(a) A sidewalk vending license shall be valid for one year from the date of issuance unless revoked or suspended prior to expiration.
(b) A sidewalk vending license shall be deemed null and void upon the revocation, suspension, or expiration of any of the following:
(1) City of Concord business license;
(2) Health Department permit or other permit required from the county; and/or
(3) State seller’s permit.
(c) An application to renew a sidewalk vending license shall be made not less than 90 days prior to the expiration of the current license. A valid business license shall be applied for or renewed concurrently with the sidewalk vending license each year.
(d) No person or entity whose sidewalk vending license is denied or revoked shall be eligible to apply for a new sidewalk vending license for a period of one year following such denial or revocation.
(Ord. No. 25-6 § 7 (Exh. B))
12.55.070 Sidewalk vending license suspension or revocation.
(a) The Director may suspend or revoke a sidewalk vending license issued to a sidewalk vendor for the term of that license upon the fourth violation or subsequent violations of this chapter, at their discretion, or for any of the following reasons:
(1) Falsifying or misrepresenting any information or omitting a fact required to be supplied by the sidewalk vendor upon which issuance of the sidewalk vending license was based.
(2) 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 sidewalk vending license was issued.
(3) Commission of acts involving dishonesty, fraud, or deceit with the intent to substantially benefit the sidewalk vendor or another or substantially injure another.
(4) 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 sidewalk vending license was issued.
(5) Violation of any zoning, health, safety, fire, police, or other provision of this code or of county, state, or federal law relating to the licensed activity which substantially affects the public health, safety, or welfare.
(6) Failure to pay any previous business license fees, administrative citations, or fines; complete any community service; and/or complete any other alternative disposition associated with a previous violation of this chapter.
(7) Violation of the terms and conditions of the sidewalk vending license or other requirements of this chapter.
(8) Fraud or misrepresentation in the course of vending.
(9) Vending in a manner that violates this chapter, creates a public nuisance, threatens the public health, safety or welfare, or otherwise constitutes a danger to the public.
(b) Notice of suspension or revocation shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the sidewalk vending license holder at the address as set forth on the application for a license. Service shall be deemed made on the sidewalk vending license holder on the date personally delivered or on the date of mailing.
(Ord. No. 25-6 § 7 (Exh. B))
12.55.080 Appeals.
(a) Request for appeal. No denial, suspension, or revocation shall become effective until expiration of the appeal period. A sidewalk vending license holder may appeal such denial, suspension, or revocation to the City Manager by filing a written notice of appeal with the Planning Division within 10 days following the date of service of such decision accompanied by a nonrefundable appeal fee in an amount established by resolution of the City Council. If a timely appeal is filed, the denial, suspension, or revocation shall be stayed pending the decision of the City Manager. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.
(b) Denial or revocation hearing. Upon receipt of a timely appeal, the City Manager shall endeavor to hear such appeal no more than 45 days from the city’s receipt of an appeal, unless both the city and appellant consent to a later date. The City Manager shall give the appellant not less than five days’ advance notice of the date of such hearing. The decision of the City Manager shall be based upon the criteria set forth in this chapter which are applicable to the issuance, suspension, or revocation of a sidewalk vending license. The appellant shall be notified of the decision of the City Manager by mailed, written notice. The decision of the City Manager shall be final. No suspension or revocation of a sidewalk vending license pursuant to this chapter shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager’s decision. Provided, however, no sidewalk vending license holder awaiting a revocation hearing shall operate during any period of time in which the insurance coverage required by this section is not in full force and effect or pending a denial hearing.
(Ord. No. 25-6 § 7 (Exh. B))
12.55.090 Sidewalk vending license nontransferable.
No sidewalk vending license granted pursuant to this chapter shall be transferable. Any change in ownership or operation of a cart requires a new sidewalk vending license under this chapter.
(Ord. No. 25-6 § 7 (Exh. B))
12.55.100 Locations where prohibited.
No sidewalk vendor shall set up a vending cart or otherwise operate in any of the following locations:
(1) Residential zones. In areas that are zoned exclusively for residential use. This prohibition does not extend to roaming sidewalk vendors.
(2) ADA path of travel. In a location or manner that blocks or impedes 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 and to comply with the Americans with Disabilities Act of 1990 (Public Law 101336) and any other disability access standards.
(3) Parks.
a. In parks where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. Stationary sidewalk vendors may vend in parks that do not have signed agreements for exclusive food or merchandise concessionaires if they comply with all the requirements of this chapter. This prohibition does not extend to roaming sidewalk vendors.
b. In any city park during hours that the park is not open to the public.
c. On or within 50 feet of any playground, sports and recreation facilities as defined in Section 18.20.020, fountain, statue, monument, art installation, or park restrooms.
d. On or within 25 feet of any park benches, picnic areas, or park furniture.
e. As necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
f. As necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(4) Farmers’ markets, swap meets, temporary special events. Within 500 feet of a permitted certified farmers’ market, a permitted swap meet, or any area subject to a temporary special event permit during the operating hours thereof. The distance shall be measured from the nearest boundary of the parcel and/or edge of the designated area authorized for the event.
(5) Landscaped areas. In areas improved with lawns, flowers, shrubs, street trees, or other landscaping.
(6) Roadways, medians, dividers, trails. Upon or within any trail, roadway, median strip, or dividing section, or where placement impedes the flow of pedestrian or vehicular traffic.
(7) City parking. In any city-owned or operated parking area or parking lot, including the parking lot of a public park.
(8) Public parking. Within any marked parking space or stall in any public parking lot, as may be designated with paint or other markings to indicate where parking is permitted.
(9) Within 15 feet of a driveway, driveway apron, or alley approach.
(10) Within 10 feet of a utility meter, manhole, service box, tree well, streetlight pole, power pole, telecommunications pole, or other above-ground utility.
(11) Within 25 feet of:
a. A street corner, controlled intersection, marked crosswalk, or the curb return of any unmarked crosswalk.
b. A traffic signal.
c. A fire hydrant, fire call box, traffic signal controller cabinet, or other emergency apparatus, equipment, or facility.
d. Any curb controls.
e. A bus stop, bus shelter, or bus bench.
f. The entrance, exit, or emergency exit to a business, building, structure, or facility during the hours that the business, building, structure, or facility is open to the public.
g. A trash receptacle, bike rack, public restroom, public benches, tables, or furniture, or similar public use items.
h. An automated teller machine (ATM).
i. An outdoor dining area.
j. A stationary sidewalk vendor with a valid sidewalk vending license.
(12) Within 100 feet of:
a. A police officer, firefighter, lifeguard, or emergency service personnel who are actively performing their duties or providing services to the public.
b. A freeway on-ramp or a freeway off-ramp.
c. Any pedestrian or vehicular entrance to any public or private school facility during lunch, and not within one hour before or one hour after school drop-off and pickup operations.
d. A motor vehicle vendor with a valid vendor license.
(13) City facilities. At any city facility where business is being conducted.
(Ord. No. 25-6 § 7 (Exh. B))
12.55.110 Operational requirements.
In addition to the other requirements of this chapter, all sidewalk vendors shall comply with the following operational requirements:
(1) All food and goods/merchandise shall be stored either inside or affixed to a cart or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on public or private property. Food and merchandise cannot be displayed on the ground, or on public use items including, but not limited to, benches, tables, and utility boxes.
(2) No vendor shall set up tables, tents, awnings, freestanding umbrellas, or customer seating areas.
(3) The overall space taken up by the cart, including any food or goods/merchandise affixed to the cart, except as provided in subsection (3)(a) of this section, shall not exceed 15 square feet (calculated by multiplying the length times the width), and also not exceed a linear distance greater than five feet on any one side. Merchandise such as banners, flags, and pennants must be displayed directly on the cart and shall not extend above or beyond the cart.
a. One umbrella not exceeding six feet in diameter or six feet on any one side may be attached solely to the cart. The umbrella shall not exceed eight feet in height as measured from the ground and shall not extend laterally more than one foot beyond the cart.
(4) Sidewalk vendors shall provide a trash receptacle for customers in or on their cart and shall ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and properly dispose of all trash or refuse generated by the vending operations or the sidewalk vendor’s customers within a 15-foot radius of the vending location.
(5) Sidewalk vendors shall immediately clean up any trash, food, grease, or any other fluid or item that falls on public property related to sidewalk vending activities.
(6) Sidewalk vendors of food or food products shall possess and display in plain view on the cart a valid public Health Department permit and operate in accordance with such permit.
(7) Sidewalk vendors shall possess and display in plain view on the cart or on the sidewalk vendor’s person at all times while vending a valid sidewalk vending license issued pursuant to this chapter, a valid city-issued business license, as well as any other permit or license required by the city and any other appropriate governmental agency.
(8) All signage and advertising related to the sidewalk vendor shall be attached to the cart or the sidewalk vendor’s person. No signs or displays may be placed on public or private property. Lighted signs are prohibited.
(9) To the extent permitted by law, sidewalk vendors 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 sidewalk vendor’s location or operations, and every sidewalk vendor shall maintain and possess at all times while vending a 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.
(10) Sidewalk vendors shall comply with all applicable federal, state, county, and local laws, including without limitation:
a. State and county food preparation, handling, and labeling requirements;
b. Fire codes and regulations;
c. Noise standards;
d. Firearms regulations;
e. Alcoholic beverages, tobacco products, cannabis, electronic cigarettes, smoking devices and controlled substances regulations;
f. Sanitation and health standards; and
g. Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
(11) All sidewalk vendors shall allow a police officer, firefighter, fire prevention specialist, code enforcement officer, health inspector, or other government official charged with enforcing laws related to the sidewalk vendor’s activities, at any time, to inspect their cart.
(12) Carts shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or any other objects within public property or the public right-of-way. No cart shall become a permanent fixture at the vending location or be considered an improvement to real property.
(13) Carts shall not be left unattended or stored on public property or within the public right-of-way. Carts shall be removed from public property or from the public right-of-way when not in active use by a sidewalk vendor.
(14) Carts must include any power, fuel, cooling, cooking, shading, or heating source or equipment. Sidewalk vendors shall not attach or use water spigots, fountains, or lines; generators; electrical outlets, lines, or cords; or gas lines while vending.
(15) Sidewalk vendors shall only use heating methods powered by electricity, butane, propane, or natural gas. Any sidewalk vendor using cooking or heating equipment shall have a fire extinguisher. Propane, natural gas, or butane cylinder tanks must be 20-pound tanks or less; stored in an upright position during use; positioned in such a way to prevent falling, tripping, and tampering; and shall not cause a hazard.
(16) Sidewalk vendors shall not place any type of fencing or other dividers around the cart.
(17) Sidewalk 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, or any weapons (including ammunition, knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun).
(18) Sidewalk vendors shall not vend live animals, wildlife, fish, fowl, or insects.
(19) Sidewalk vendors shall not vend out of a parked vehicle or to customers in vehicles.
(20) Sidewalk vendors shall not rent out merchandise or goods or vend services.
(21) No sidewalk vendor or cart may use an analog, mechanical, or electronic instrument or device that produces sound.
(22) Roaming sidewalk vendors shall move continuously, except when conducting a sale, which must last no more than 15 minutes. In no event shall a roaming sidewalk vendor conduct their operations in a manner to constitute operating in a fixed location.
(23) Stationary sidewalk vendors who operate after daylight hours shall provide adequate lighting that may be necessary to ensure customer safety. Lighting shall be directed downwards and away from adjacent properties.
(24) Unless exempted by Health and Safety Code Sections 114368.7 or 114315 (as applicable) or otherwise set forth in an approved sidewalk vending license, a stationary sidewalk vendor who vends food must operate within 200 feet of a functioning and readily available toilet and handwashing facility. If the toilet and handwashing facility is located on private property, the sidewalk vendor must possess a copy of an enforceable contract between the private property owner and the sidewalk vendor allowing the vendor to utilize such facilities, including the days and hours of operation.
(25) Sidewalk vending shall be limited to the following hours:
a. In residential areas (i.e., zoned exclusively for residential use), roaming sidewalk vending shall be permitted between 9:00 a.m. and 6:00 p.m. Pursuant to Section 12.55.100(1), stationary sidewalk vending is prohibited in such areas.
b. In nonresidential areas, sidewalk vending hours shall be specified in the approved sidewalk vending license; limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street.
c. In parks, sidewalk vending shall be permitted during the hours the parks are open to the public.
(26) No more than three carts shall be operated by the same or substantially similar sidewalk vendor. For purposes of determining if this standard applies, the City Manager is hereby delegated the authority to determine whether or not vendors are “the same or substantially similar” using those criteria the City Manager deems appropriate.
(Ord. No. 25-6 § 7 (Exh. B))
12.55.120 Violations – Penalties.
Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to the following:
(1) For vending without a sidewalk vending license, an administrative citation together with an administrative fine not to exceed:
a. Two hundred fifty dollars for a first violation; or
b. Five hundred dollars for a second violation within one year of the first violation; or
c. One thousand dollars for each additional violation within one year of the first violation.
d. Upon proof of a valid sidewalk vending license issued by the Planning Division, the administrative fine in subsection (1) of this section will be reduced to the corresponding administrative fine in subsection (2) of this section.
(2) For every other violation of this chapter, an administrative citation together with an administrative fine not to exceed:
a. One hundred dollars for a first violation; or
b. Two hundred dollars for a second violation within one year of the first violation; or
c. Five hundred dollars for each additional violation within one year of the first violation.
d. The Director may rescind a sidewalk vending license for the remaining term of the license upon a fourth or subsequent violation of this chapter. Such rescission of the sidewalk vending license is final and not subject to the appeal procedures set forth in Section 12.55.080 (Appeals).
(3) Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. 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 cart used for vending purposes.
(4) An administrative violation constitutes a separate and distinct violation for each day that it exists, and each such violation may be subject to the maximum fine permitted under this chapter.
(5) The procedures for issuing and appealing administrative citations and fines under this section shall be as set forth under Sections 12.55.070, 12.55.080, and 12.55.130.
(Ord. No. 25-6 § 7 (Exh. B))
12.55.130 Ability-to-pay determination.
When assessing administrative citations pursuant to this chapter, the hearing officer shall take into consideration the person’s ability to pay the fine.
(1) Any fine issued under Section 12.55.120 will be accompanied with a notice of and instruction regarding the right to request 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.
(2) If the requestor meets the criteria described in subdivision (a) or (b) of California Government Code Section 68632, as may be amended, the Director will limit the total amount of the requestor’s administrative fine to 20 percent of the total and may:
a. Allow the person to complete community service in lieu of paying the total administrative fine; or
b. Waive all or part of the administrative fine; or
c. Offer an alternative disposition.
(Ord. No. 25-6 § 7 (Exh. B))