Chapter 4.36
SIDEWALK VENDING
Sections:
4.36.030 Application for permit.
4.36.040 Review of application – Decision.
4.36.050 Sidewalk vending permit expiration and renewal.
4.36.060 Sidewalk vending permit revocation.
4.36.070 Sidewalk vending permit appeals.
4.36.080 Sidewalk vendor regulations.
4.36.010 Definitions.
For the purposes of this chapter, the following terms, phrases and words shall have the meanings hereinafter set forth:
“Certified farmers market” means a location that is certified by the state of California through the enforcement officers of the county agricultural commissioners and operated pursuant to Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter.
“Chief of police” means the chief of police for the city of South Lake Tahoe.
“Permit” means a permit issued to sidewalk vendor under this chapter.
“Right-of-way” means all of the area within the boundaries of a street, as defined by the instruments creating or conveying such road, and with respect to city streets, created by use, all of the area used for road purposes, including the roadbed, shoulders, drainage ditches and fixtures, the entire surface of cuts and fills and other road appurtenances.
“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“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.
“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
“Swap meet” means any event where secondhand goods are offered or displayed for sale or exchange.
“Vend or vending” means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.
“Vending cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code. (Ord. 1153 § 1)
4.36.020 Permit required.
It is unlawful for any person to engage in, conduct or carry on the business of vending on a sidewalk or public right-of-way without a permit issued under the provisions of this chapter. (Ord. 1153 § 1)
4.36.030 Application for permit.
A. To apply for a sidewalk vending permit, the applicant shall submit a permit application to the chief of police containing, at a minimum, the following:
1. The applicant’s name and mailing address and the name of any person(s) that will be employed by the vendor as sidewalk vendors.
2. Description of the merchandise offered for sale or exchange.
3. The days and hours of operation.
4. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership or corporation.
5. Proof of a valid city business and professions certificate.
6. A copy of a valid California Department of Tax and Fee Administration seller’s permit, as required.
7. If preparing or selling food, a copy of the county health department health permit issued to the vendor.
8. Whether sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor.
9. For stationary sidewalk vendors, a site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 48 inches of accessible route area, in compliance with the Americans with Disabilities Act.
10. The dimensions of the vending cart.
11. A nonrefundable application fee as established by city council resolution or adopted master fee schedule.
B. At the time of application, applicant shall provide proof of a policy or policies of comprehensive general liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the city as an additional insured.
C. Each application must bear the applicant’s signature agreeing to:
1. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and
2. Indemnify, defend, and hold harmless the city, its elected and appointed boards, officers, employees, agents, volunteers, contractors, and invitees from any and all liability, for any and all claims, demands, actions, losses, damages, and injuries direct or indirect, including any and all costs and expenses in connection therewith, arising from applicant’s activities, from and against each and every claim and demand of whatsoever nature made on behalf or by any person, persons, firm, partnership, corporation or otherwise, including applicant’s employees, except for claims arising out of the sole negligence or willful misconduct of the city.
D. Applications for permits shall be filed a minimum of 30 days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of 30 days prior to the expiration of any existing permit. (Ord. 1153 § 1)
4.36.040 Review of application – Decision.
A. Upon receipt of a completed sidewalk vendor permit application with accompanying permit fee, the chief of police shall conduct a preliminary investigation to determine compliance with this chapter and shall make such determination within no more than 30 days following such receipt to approve or deny the application. The chief of police shall provide the applicant with written notice of his or her decision to the address indicated on the application.
B. The chief of police may deny the application for a permit if he or she makes any of the following findings:
1. The applicant has failed to pay the application permit fee;
2. The applicant has made one or more material misstatements in the application for a permit;
3. The applicant’s vending operation, as described in the application, is inconsistent with the standards, conditions and requirements of this chapter;
4. The applicant has been convicted of a felony or misdemeanor involving moral turpitude within five years of the application;
5. The applicant does not possess all federal, state and local permits and licenses necessary to engage in the activity in which he or she seeks to engage; or
6. The conduct of the sidewalk vendor will unduly interfere with traffic or pedestrian movement or tend to interfere with or endanger the public peace or rights of the nearby residents to the quiet and peaceful enjoyment of their property.
C. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant. (Ord. 1153 § 1)
4.36.050 Sidewalk vending permit expiration and renewal.
A sidewalk vending permit shall be valid for 12 months from the date of issuance and shall expire and become null and void on the anniversary of its issuance. An applicant may apply for a permit renewal on a form provided by the city prior to the expiration of his or her active sidewalk vending permit. (Ord. 1153 § 1)
4.36.060 Sidewalk vending permit revocation.
The chief of police may revoke a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this chapter. A sidewalk vendor whose permit is revoked may apply for a new sidewalk vending permit upon the expiration of the term of the revoked permit. (Ord. 1153 § 1)
4.36.070 Sidewalk vending permit appeals.
An applicant who has been denied a sidewalk vending permit or whose sidewalk vending permit has been revoked may appeal to the city council under the administrative appeal procedures in Chapter 2.35 SLTCC. (Ord. 1153 § 1)
4.36.080 Sidewalk vendor regulations.
A. Except as otherwise provided in this chapter, sidewalk vendors may only conduct transactions in the public right-of-way and on pedestrian paths in city parks.
B. All sidewalk vendors must comply with the following requirements:
1. No sidewalk vendor shall vend in the following locations:
a. Within 200 feet of any other sidewalk vendor within any city park to ensure the public’s use and enjoyment of natural resources and recreational opportunities and prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park;
b. Within 100 feet of any public picnic area, playground area or playground equipment;
c. Within 100 feet of any public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court or any other recreational opportunity;
d. Within 100 feet of a street intersection or traffic signal;
e. Within 100 feet of an entrance of any city park;
f. Within 100 feet of the portion of any city facility that is renting merchandise to the public or where rental merchandise is stored;
g. If a stationary vendor, within a park owned or operated by the city, if the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire;
h. Within 100 feet of any loading zone or bus stop;
i. Within the Heavenly Village area: specifically, along the south curb line of Lake Tahoe Boulevard from the intersection of Heavenly Village Way to the east curb line intersection of Transit Way; the east curb line of Transit Way from the intersection of Lake Tahoe Boulevard to the intersection of Bellamy Court; the south roadway edge of Bellamy Court from the east curb line of Transit Way to the intersection with the east curb line of Heavenly Village Way; and the east curb line of Heavenly Village Way from the intersection of Bellamy Court to the intersection of Lake Tahoe Boulevard;
j. Within 100 feet of an open-air dining area;
k. Within 500 feet of a certified farmers market, swap meet, or any area subject to a special event permit;
l. Sidewalk vendors must at all times maintain a clearance of not less than 48 inches on all sidewalks and pedestrian paths so as to enable persons to freely pass while walking, running or using mobility assistance devices;
m. Vending carts shall not be placed on any public property other than a public right-of-way;
n. On a public right-of-way with a slope greater than five percent;
o. Stationary sidewalk vendors are prohibited from operating in areas that are exclusively zoned residential.
2. Sidewalk vendors shall not engage in any of the following activities:
a. Using verbal or physical conduct that would cause a reasonable person to fear for his or her safety;
b. Intentionally causing physical contact with any member of the public;
c. Following a person who walks away after expressing a desire not to be vended to;
d. Approaching a person on a bicycle or occupying a motor vehicle;
e. Intentionally blocking the path of the person being vended to or who has expressed a desire not to be vended to;
f. Impeding or obstructing ingress to or egress from any private property or any structure, parking space or loading facility;
g. Renting merchandise to customers;
h. Vending lottery tickets, alcohol, cannabis, adult oriented material, tobacco or electronic cigarette products;
i. Knowingly making false statements or misrepresentations during the course of vending;
j. Vending illegal or counterfeit merchandise;
k. Bartering, exchanging, selling, offering for sale, displaying for sale, or soliciting offers to purchase services;
l. In parks, interfering with anyone engaged in a physical activity or approaching spectators who are watching a sporting activity to vend;
m. To prevent dangerous distractions, making any outcry, blowing a horn, ringing a bell, or using any sound devices or musical instrument for the purpose of attracting the attention of potential patrons;
n. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation;
o. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or
p. Vending in a manner that blocks or obstructs the free movement of vehicles, including parked vehicles. (Ord. 1153 § 1)
4.36.090 Enforcement.
A. A sidewalk vendor violating any provision of this chapter is subject to administrative citations under Chapter 2.30 SLTCC not to exceed:
1. One hundred dollars for a first violation.
2. Two hundred dollars for a second violation within one year of the first violation.
3. Five hundred dollars for each additional violation within one year of the first violation.
4. The city may revoke a permit issued to a sidewalk vendor for the term of the permit upon the fourth violation or subsequent violations.
B. In addition to the remedies set forth in this chapter, sidewalk vending in violation of any provision of this chapter is hereby declared to constitute a public nuisance under Chapter 4.40 SLTCC and, as such, may be abated or enjoined from further operation in the city. (Ord. 1153 § 1)