Chapter 13.33
SIDEWALK VENDORS
Sections:
13.33.030 Sidewalk vending permit required.
13.33.040 Issuance of a sidewalk vending permit.
13.33.050 Sidewalk vendor operating conditions.
13.33.060 Prohibited sidewalk vending locations.
13.33.010 Purpose.
The purpose of this chapter is to protect the public health, safety, and welfare by requiring all sidewalk vendors to obtain a valid sidewalk vending permit, and reasonably regulating sidewalk vendors consistent with State law. [Ord. 1270 § 2, 2019.]
13.33.020 Definitions.
The following words and phrases, whenever used in this chapter, are defined as follows:
A. “Downtown area” means those areas of public property within 539 Bridgeway and 833 Bridgeway and those public streets and public rights-of-way east of Bridgeway (Tracy Way, Bay Street, Anchor Street, and Humboldt Street) and west of Bridgeway on Princess Street up to 62 Princess Street.
B. “Farmers’ market” means a farmers’ market as defined and operated pursuant to California Food and Agriculture Code Chapter 10.5, as may be amended.
C. “Residential zone” means those districts designated in the City’s zoning code for residential use, including any mixed use districts such as the CR zone.
D. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
E. “Sidewalk vending” means the act of selling food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
F. “Sidewalk vendor” means a person engaged in sidewalk vending.
G. “Sidewalk vending receptacle” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for sidewalk vending activities.
H. “Sidewalk vending permit” means a permit issued in accordance with SMC 13.33.030.
I. “Special event” shall mean those events permitted to Chapter 17.32 SMC and any other City permitted event including, but not limited to, festivals, art shows, and/or other cultural events.
J. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. [Ord. 1270 § 2, 2019.]
13.33.030 Sidewalk vending permit required.
A. All sidewalk vendors operating within the City require a valid sidewalk vending permit. The requirement of a sidewalk vending permit shall be in addition to the requirement for a business license from the City, and any licenses or other requirements mandated by Federal, State, or local agencies, including the County of Marin Environmental Health Services Department. One sidewalk vendor is allowed per permit.
B. A sidewalk vending permit is nontransferable and shall expire one year after its issuance.
C. An application for a sidewalk vending permit shall be on a form provided by the City and must be accompanied by a nonrefundable processing fee in an amount established by City Council resolution. The application shall include, at a minimum, the following:
1. The legal name, address, telephone number, and e-mail address of the applicant. If the applicant is an agent of an individual, company, partnership, corporation, or other entity the application shall include the name and business address of the principal and any owners of the company, partnership, corporation, or other entity.
2. A description of the food or merchandise offered for sale.
3. A description of the area(s) where the applicant intends to operate, and whether the applicant will be a stationary or roaming sidewalk vendor.
4. A valid California seller’s permit number pursuant to Revenue and Taxation Code Section 6067.
5. If the applicant will sell food or food products, proof of a valid mobile food facilities permit from the Marin County Environmental Health Services Department.
6. A copy of a valid California’s driver’s license or identification card, a taxpayer identification number, or a social security number. Such information shall not be disclosed and will remain confidential, unless required to comply with a State or Federal law or court order.
7. A signed acknowledgment that the applicant will comply with all local, State, and Federal laws.
8. A signed certification that, to the best of the applicant’s knowledge, all information in the application is true and correct.
9. A signed acknowledgment that the use of public property as authorized by the sidewalk vending permit is at the applicant’s sole risk, and an agreement by the applicant to defend (with counsel acceptable to the City in its discretion), indemnify, release, and hold harmless the City, its elected and appointed officials, officers, and employees from and against all claims, demands, obligations, damages, actions, suits, losses, judgments, and costs (including without limitation attorneys’ fees) of every kind arising from or in any way related to the sidewalk vending permit or sidewalk vending activities.
10. The applicant is required to maintain liability insurance as reasonably required by the City. [Ord. 1270 § 2, 2019.]
13.33.040 Issuance of a sidewalk vending permit.
Within 30 days of receiving a complete application, the Community Development Director, or designee, may issue a sidewalk vending permit with appropriate conditions, if it is determined that:
A. The sidewalk vendor will not unduly interfere with traffic or pedestrian movement, interfere with or endanger the public peace, or otherwise be detrimental to the health, safety, and general welfare of the public; and
B. The sidewalk vending activities will not cause a violation of the Americans with Disabilities Act of 1990 (Public Law 101-336) or other disability access standards; and
C. The sidewalk vendor has satisfied all requirements of this chapter. [Ord. 1270 § 2, 2019.]
13.33.050 Sidewalk vendor operating conditions.
All sidewalk vendors are subject to the following operating conditions:
A. Except as otherwise provided in this chapter, stationary sidewalk vendors and roaming sidewalk vendors may conduct business only on public sidewalks in the public right-of-way or on designated pedestrian paths in public parks.
B. No obstruction may be placed on a sidewalk that would reduce the width of the sidewalk to less than 48 inches.
C. Stationary sidewalk vendors shall only be located on public sidewalks and pedestrian paths of not less than 10 feet in width.
D. Sidewalk vendors in residential zones may operate between the hours of 8:00 a.m. and 7:00 p.m., or sunset, whichever is earlier.
E. Sidewalk vendors in commercial zones may operate between the hours of 7:00 a.m. to 10:00 p.m.
F. Sidewalk vendors in any public park may operate only during the hours the park is open.
G. A sidewalk vendor shall be located no closer than 20 feet from another sidewalk vendor.
H. No sidewalk vending is allowed in any park where the City has a signed agreement with a concessionaire for the exclusive right to sell food or merchandise in the park.
I. No sidewalk vendor shall sell alcohol, tobacco or tobacco products, electronic vaping products, marijuana, or weapons (including knives, guns, or explosive devices), or any products relating thereto.
J. Stationary sidewalk vendors are responsible for the cleanliness of the area within 10 feet of their operations. Stationary sidewalk vendors must make available appropriate trash and recycling receptacles sufficient to provide for the collection of the materials generated by the sidewalk vending activity, must dispose of all collected waste appropriately, and may not dispose of such waste in public trash or recycling containers.
K. No sidewalk vending receptacle shall use propane, natural gas, or other explosive or hazardous materials.
L. Sidewalk vendors shall not leave sidewalk vending receptacles unattended for any reason.
M. Sidewalk vending receptacles shall not be stored on public property and shall be removed from City property when not in active use.
N. Sidewalk vending receptacles and any attachments shall not exceed four feet in height, three feet in width, and four feet in length. [Ord. 1270 § 2, 2019.]
13.33.060 Prohibited sidewalk vending locations.
A. Stationary sidewalk vendors are prohibited in all residential zones within the City.
B. Sidewalk vendors are not allowed within 200 feet of any farmers’ market, swap meet, or special event within the City, for the duration of the event.
C. Sidewalk vendors are not allowed in the downtown area. [Ord. 1270 § 2, 2019.]
13.33.070 Penalties.
A. Violations of this chapter shall not be prosecuted as an infraction or misdemeanor.
B. Except as otherwise provided in this chapter, any person violating a provision of this chapter may be issued an administrative citation for a fine in the following amounts:
1. First violation, $100.00.
2. Second violation, $200.00.
3. Third violation and each additional violation within a year of the first violation, $500.00.
C. The Community Development Director, or designee, may revoke a sidewalk vending permit for the remainder of its term upon the fourth or subsequent violation of any provision of this chapter within one year of the permit’s issuance.
D. In lieu of the fines set forth in subsection B of this section, the penalty for sidewalk vending without a sidewalk vending permit are:
1. First violation, $250.00.
2. Second violation, $500.00.
3. Third violation and each additional violation within a year of the first violation, $1,000. [Ord. 1270 § 2, 2019.]
13.33.080 Appeals.
Appeals of administrative fine citations and/or revocation decisions under this chapter shall be conducted pursuant to Chapter 1.10 SMC, including and subject to the following provisions:
A. Upon receiving an appeal request under this section, the City shall give notice that the sidewalk vendor may request an ability-to-pay determination regarding administrative fines.
B. The City shall accept payment of 20 percent of the fines in full satisfaction of the violation if the sidewalk vendor demonstrates an income level of 125 percent of the Federal poverty level. [Ord. 1270 § 2, 2019.]