Chapter 4.52
SIDEWALK VENDING
Sections:
4.52.050 Operating conditions.
4.52.060 Prohibited activities and locations.
4.52.010 Purpose.
The purpose and intent of this chapter is to establish a sidewalk vendor permitting and regulatory program that complies with Senate Bill 946 (Chapter 459, Statutes 2018). The provision of this chapter will allow the city to encourage small business activities by removing total prohibitions on portable food stands while permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public’s health, safety and welfare. (Ord. 497 § 5, 2018)
4.52.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. “Alcohol” means an alcoholic beverage.
B. “Beach” means any public or private ocean front.
C. “Beach access way” means any sidewalk, stairway, driveway, road or path that provides access to the beach.
D. “Park” means La Colonia Park, Fletcher Cove or any additional park space identified within the city’s general plan.
E. “Pathway” means any paved or unpaved path or walkway owned by the city or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.
F. “Person” means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, and individuals transacting and carrying on any business in the city.
G. “Residential” means any area zoned exclusively as residential in SBMC Title 17.
H. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
I. “Sidewalk” means that portion of a highway, other than the roadway, set apart by curbs, barriers, marking or other delineation, specifically designed for pedestrian travel and that is owned by the city or other public entity.
J. “Sidewalk vendor” means a person who sells 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.
K. “Special event” means any special event described in Chapter 11.40 SBMC, or any successor section.
L. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (Ord. 497 § 5, 2018)
4.52.030 Permit required.
A. No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within the city without first applying for and receiving a permit from the finance director, or the finance director’s designee, under this chapter.
B. A written application for a sidewalk vendor permit shall be filed with the finance director, or finance director’s designee, on a form provided by the city and shall contain the following information:
1. The name, address, and telephone number of the person applying to become a sidewalk vendor;
2. The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle;
3. The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle;
4. The number of sidewalk vending receptacles the sidewalk vendor will operate within the city under the permit;
5. To ensure the safety of residents and the merchantability of products sold by vendors without a fixed place of business, the city requires all sidewalk vending applicants to undergo a fingerprinting background check and to submit the results to the city as an attachment to their application;
6. The location(s) in the city where the sidewalk vendor intends to operate;
7. The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s);
8. Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel;
9. The dimensions of the sidewalk vendor’s sidewalk vending receptacle(s), including a picture of each sidewalk vending receptacle operating under the permit and any signs that will be affixed thereto;
10. Whether the sidewalk vendor will be selling food, merchandise, or both;
11. If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, whether such food will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element, if any;
12. If the vendor is selling merchandise, a description of the merchandise to be sold;
13. A copy of the health permit required for any sidewalk vendors selling food;
14. Proof the person possesses a valid California Department of Tax and Fee Administration seller’s permit which notes the city as a location or sublocation, which shall be maintained for the duration of the sidewalk vendor’s permit;
15. Public liability insurance and property damage insurance, including products liability coverage written by an insurance company acceptable by the city. All insurance companies affording coverage shall be required to add the city as “additional insured” under their insurance policy. A copy of the policy endorsement shall be provided to the city. A certificate of insurance, providing evidence of coverages in compliance with this chapter, shall be supplied to the city prior to issuance of the permit;
16. An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws;
17. A certification that, to their knowledge and belief, the information contained within the application is true;
18. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, any costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action or proceeding whether incurred by the permittee, city, and/or the parties initiating or bringing such proceeding;
19. An acknowledgement that use of public property is at the sidewalk vendor’s own risk, the city does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at their own risk;
20. An acknowledgement that the sidewalk vendor will obtain and maintain throughout the duration of any permit issued under this chapter any insurance required by the city’s risk manager;
21. If the sidewalk vendor has operated in the city in the past, proof of prior sales tax allocation to the city; and
22. Any other relevant information required by the finance director, or the finance director’s designee.
C. Each application for a sidewalk vendor permit shall be accompanied by a nonrefundable application fee as established by resolution of the city council. The application and permit are only applicable to the individual(s) named on the application. If said permit is approved, it shall not be necessary for the permittee to obtain a city business license to carry on the activities authorized by said permit, unless such permittee maintains a permanent place of business within the city. (Ord. 497 § 5, 2018)
4.52.040 Issuance of permit.
A. Within 30 calendar days of receiving a complete application, the finance director, or the finance director’s designee, may issue a sidewalk vendor permit, with appropriate conditions, as provided for herein, if he or she finds based on all of the relevant information that:
1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
2. The conduct of the sidewalk vendor will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;
3. The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken;
4. The conduct of such sidewalk vending activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the city;
5. The sidewalk vendor’s application contains all required information;
6. The sidewalk vendor has not made a materially false, misleading or fraudulent statement of fact to the city in the application process;
7. The sidewalk vendor has satisfied all the requirements of this chapter;
8. The sidewalk vendor has paid all applicable fees as set by city council resolution;
9. The sidewalk vendor’s sidewalk vending receptacle and proposed activities conform to the requirements of this chapter;
10. The sidewalk vendor has adequate insurance to protect the city from liability associated with the sidewalk vendor’s activities, as determined by the city manager, or the city manager’s designee, and, if required by the city, the city has been named as an additional insured; and
11. The sidewalk vendor has satisfactorily provided all information requested by the finance director, or the finance director’s designee, to consider the vendor’s application.
B. A sidewalk vendor permit is nontransferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this chapter.
C. All permits issued under this chapter shall expire December 31st of the calendar year. (Ord. 497 § 5, 2018)
4.52.050 Operating conditions.
All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:
A. All food and merchandise shall be stored either inside or affixed to the sidewalk vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor receptacle, the overall space taken up by the sidewalk vendor receptacle shall not exceed the size requirement provided in this section;
B. Sidewalk vending receptacles and any attachments thereto shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet;
C. To maintain accessibility standards for the city’s disabled residents, every sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk to less than 48 inches, exclusive of the top of the curb. No obstruction shall be located in a sidewalk or public right-of-way less than six feet in width when the sidewalk is adjacent to the curb;
D. To prevent foodborne illness and protect the health and safety of the city’s residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves;
E. To prevent dangerous distractions and promote the general welfare of the city’s residents, sidewalk vendors emitting any loud, unnecessary and unusual noises must comply with Chapter 7.34 SBMC;
F. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way;
G. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way from 10:00 p.m. to 7:00 a.m. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city;
H. To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit on the street side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance when operating in the public right-of-way;
I. To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance on a public-right-of-way with a slope greater than five percent;
J. Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit business for their sidewalk vending activities;
K. Sidewalk vending receptacles shall not be stored on public property and shall be removed when not in active use by a sidewalk vendor;
L. All signage and advertising related in any way to the sidewalk vendor shall be attached to the sidewalk vending receptacle, if any, or the sidewalk vendor’s person;
M. Sidewalk vendors shall not use any electrical, flashing, wind-powered, or animated sign;
N. No sidewalk vending receptacle shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials;
O. If a sidewalk vending receptacle requires more than one person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five feet of the sidewalk vending receptacle when conducting sidewalk vending activities;
P. Sidewalk vendors that sell food shall have in their possession, at all times they are conducting sidewalk vending activities, a health permit;
Q. Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacle and shall not empty their trash into public trashcans. The size of the vendor’s trash container shall be taken into account when assessing the total size limit of a sidewalk vending receptacle. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation;
R. Sidewalk vendors shall immediately clean up any food, grease, or other fluid or item related to sidewalk vending activities that falls on public property;
S. Sidewalk vendors shall maintain a minimum four-foot clear accessible path free from obstruction, including sidewalk vending receptacles and customer queuing area;
T. Sidewalk vendors shall not interfere in any way with anyone engaged in a sporting activity and shall not approach spectators who are watching a sporting activity to sell food or merchandise; and
U. All sidewalk vendors shall allow a police officer, firefighter, life safety services officer, code enforcement officer, health inspector, or other government official charged with enforcing laws related to the street vendor’s activities, at any time, to inspect their sidewalk vending receptacle for compliance with the size requirements of this chapter and to ensure the safe operation of any heating elements used to prepare food. (Ord. 497 § 5, 2018)
4.52.060 Prohibited activities and locations.
A. Sidewalk vending receptacles shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.
B. Sidewalk vendors shall not engage in any of the following activities:
1. Renting merchandise to customers;
2. Displaying merchandise or food that is not available for immediate sale;
3. Selling of alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana;
4. Using an open flame on or within any sidewalk vending receptacle;
5. Using an electrical outlet or power source that is owned by the city or another person other than the sidewalk vendor;
6. Conducting sidewalk vending activities:
a. Anywhere in the city between the hours of 10:00 p.m. and 7:00 a.m. daily;
b. On sidewalks or pathways directly adjacent to or within residential areas, between the hours of 9:00 p.m. and 8:00 a.m. daily;
7. 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;
8. Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale;
9. Blocking or impeding the path of the person(s) being offered food or merchandise to purchase;
10. Making any statement, gesture, or other communication which a reasonable person in the situation of the person(s) being offered food or merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out;
11. Touching the person(s) being offered food or merchandise without that person(s)’ consent;
12. Advertising any product or service that is not related to the food or merchandise being offered for immediate sale; or
13. Placing their sidewalk vending receptacles outside of any pathway or sidewalk when engaging in sidewalk vending activities.
C. Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:
1. The beach or beach access way;
2. Any public property that does not meet the definition of a sidewalk or pathway including, but not limited to, any alley, beach, plaza, street, street end, or parking lot;
3. Within 200 feet of:
a. A fire station;
b. A marine safety center;
c. A permitted certified farmers’ market or swap meet during the limited operating hours of that certified farmers’ market or swap meet;
d. An area designated for a special event permit issued by the city, during the limited duration of the special event, if the city and/or promoter provides the sidewalk vendor any notice, business interruption mitigation, or other rights the city and/or promoter provided to any affected businesses or property owners under the city’s special event permit;
4. Within 100 feet of:
a. Another sidewalk vendor;
b. A public or private school, a place of worship, or a large or general child daycare facility;
c. The intersection of a street and a sidewalk;
d. Any public picnic area, playground area or playground equipment;
e. The portion of any city facility that is renting merchandise or selling food to the public or where the rental merchandise is stored; or
f. Any police officer, firefighter, lifeguard or emergency medical personnel who are actively performing their duties or providing services to the public;
5. Within 25 feet of a:
a. Fire hydrant;
b. Curb which has been designated as white, yellow, green, blue, or red zone, or a bus zone;
c. Automated teller machine;
d. Driveway, alley, or entrance to a parking lot or parking garage;
e. Entrance or exit to a building, structure or facility; or
f. Trash receptacle, bike rack, bench, bus stop, restroom, or similar public use items.
D. Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vending activities:
1. On any sidewalk or pathway that is not a minimum width of eight feet;
2. At any park where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire; or
3. On sidewalks or pathways directly adjacent to or within residential areas. (Ord. 497 § 5, 2018)
4.52.070 Violation – Penalty.
Violations of this chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citation and revocation structure:
A. Except as otherwise provided in this chapter, any violation of this chapter shall be assessed administrative fines in the following amounts:
1. An administrative fine not exceeding $100.00 for a first violation;
2. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation;
3. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation;
B. If a sidewalk vendor violates any portion of this chapter and cannot present the citing officer with proof of a valid permit, the sidewalk vendor shall be assessed administrative fines in the following amounts:
1. An administrative fine not exceeding $250.00 for a first violation;
2. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation;
3. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation;
C. Upon proof of a valid permit issued by the city, the administrative fines set forth in subsection B of this section shall be reduced to the administrative fines set forth in subsection A of this section, or any successor sections; and
D. The finance director, or the finance director’s designee, may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations within one year of the first violation. (Ord. 497 § 5, 2018)