Chapter 13.10
SALES – PUBLIC BEACHES AND PARKS

Sections:

13.10.010    Commercial enterprises and sales in public parks and beaches.

13.10.020    Application for permit.

13.10.030    Local nonprofit organizations – Issuance of permits by director.

13.10.040    Other persons and organizations – Issuance of permit by city council.

13.10.050    Issuance or denial of permit – Criteria and conditions.

13.10.060    Appeals.

13.10.070    Violations.

13.10.080    Privately owned property.

13.10.010 COMMERCIAL ENTERPRISES AND SALES IN PUBLIC PARKS AND BEACHES.

(a)    In city parks and on city beaches including all waters for which the city has law enforcement authority, jurisdiction and lifeguarding responsibility, no person shall solicit, sell, hawk, or peddle any goods, wares, merchandise, services, liquids, or edibles for human consumption, except as permitted by the city in accordance with subsections (b) through (e). This prohibition includes sales activities that utilize park and beach property or facilities to complete the terms of sale or provide a service as a result of the sale or that affect park or beach operations, facility use or visitor safety.

(b)    Sidewalk vendors shall be prohibited from vending in city parks and on city beaches:

(1)    Where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire in the subject city park or on the subject city beach; or

(2)    On that portion of Main Beach over which the city has an easement for recreation and beach purposes only pursuant to a 1933 superior court judgment quieting title to the Seaside Company, which mandates “that no peddling, soliciting or bartering shall be permitted thereon.”

(c)    The director of parks and recreation may promulgate regulations governing sidewalk vending in city parks and on city beaches when necessary to ensure the public’s use and enjoyment of a given park or beach’s natural resources and recreational opportunities or when necessary to prevent an undue concentration of commercial activity that unreasonably interferes with a given park or beach’s scenic and natural character.

(d)    No vendor shall place, erect, or maintain a display device within ten feet of any building entrance, stairway access, wheelchair access ramp, fire hydrant, bench, sculpture, planter, or bicycle rack.

(e)    Sidewalk vendors shall be responsible for removal of their own garbage refuse and shall not use public refuse containers for that purpose.

(f)    A sidewalk vendor in violation of this section shall only be punished in accordance with the provisions of Government Code Section 51039 and in accordance with the procedures delineated in Section 5.81.009.

(Ord. 2020-18 § 3 (part), 2020: Ord. 2007-08 § 2, 2007).

13.10.020 APPLICATION FOR PERMIT.

Any person who desires a permit may apply for such permit by filing an application with the director of parks and recreation. The application shall be filed on forms provided by the department of parks and recreation, and shall include such information as may be requested by the department.

(Ord. 2020-18 § 3 (part), 2020: Ord. 80-32 § 2 (part), 1980).

13.10.030 LOCAL NONPROFIT ORGANIZATIONS – ISSUANCE OF PERMITS BY DIRECTOR.

The director of parks and recreation may issue permits only for nonprofit organizations meeting the following criteria:

(a)    The organization has its home base, or a local branch with a home base, in Santa Cruz County;

(b)    The organization has qualified for and received tax-exempt status as a nonprofit organization under the California Revenue and Taxation Code and under the federal Internal Revenue Code, or is organized for purposes and conducted in such a manner that it would so qualify for tax-exempt status as a nonprofit organization;

(c)    The organization’s services are directed toward the local community;

(d)    The organization will directly conduct, promote, and/or benefit from the event.

(Ord. 2020-18 § 3 (part), 2020: Ord. 80-32 § 2 (part), 1980).

13.10.040 OTHER PERSONS AND ORGANIZATIONS – ISSUANCE OF PERMIT BY CITY COUNCIL.

Any other person or organization applying for a permit under this chapter may receive such a permit only if issued by the city council. Upon receipt of an application from such other person or organization, the director of parks and recreation shall obtain any information necessary or appropriate and shall forward the application to the council, together with any appropriate recommendation.

(Ord. 2020-18 § 3 (part), 2020: Ord. 80-32 § 2 (part), 1980).

13.10.050 ISSUANCE OR DENIAL OF PERMIT – CRITERIA AND CONDITIONS.

The director or city council may issue or deny the permit, depending upon whether the decision maker finds that issuance or denial is consistent with the public welfare. If the decision maker issues a permit, it may be issued subject to any terms and conditions considered appropriate or necessary in order to protect the public welfare, and in order to make sure that any activities subject to the permit are conducted in a manner that is consistent with the use of parks and beaches by other persons. In addition, any permit issued shall be subject to such rules and regulations as the director of parks and recreation may have adopted or may thereafter adopt. If a permit is granted, it shall specify the times and places wherein the permit may be exercised, and may limit the number of days during any week, month or year wherein a permit may be exercised by any one person or organization.

(Ord. 2020-18 § 3 (part), 2020: Ord. 80-32 § 2 (part), 1980).

13.10.060 APPEALS.

Any person aggrieved by a decision of the director may appeal the decision to the city council, in accordance with Chapter 1.16.

(Ord. 2020-18 § 3 (part), 2020: Ord. 80-32 § 2 (part), 1980).

13.10.070 VIOLATIONS.

Any person who sells any goods, food, beverages, or any other thing in any public park or on any beach under the jurisdiction of the department of parks and recreation, without first having obtained the permit required by this chapter, or in violation of any of the terms or conditions of such permit, is guilty of an infraction.

(Ord. 2020-18 § 3 (part), 2020: Ord. 80-32 § 2 (part), 1980).

13.10.080 PRIVATELY OWNED PROPERTY.

This chapter shall not be applied to or construed as vesting the city with authority to permit, approve or otherwise regulate sidewalk vending, peddling, soliciting, bartering or any other commercial activity on park and beach property which the city does not own in fee, lease or hold in public trust, including, but not limited to, Main Beach. The fact that the city may hold a recreational easement or leasehold interest over any such property shall not in and of itself serve to confer such authority upon the city. In such a case the terms of the recreational easement or lease shall define the city’s authority, if any, in this regard.

(Ord. 2020-18 § 3 (part), 2020).