Chapter 12.64
SIDEWALK VENDING PROGRAM1
Sections:
12.64.050 Operating conditions.
12.64.060 Prohibited locations.
12.64.070 Prohibited activities.
12.64.010 Purpose.
The requirements set forth in this chapter are intended to protect the public’s health, safety, and welfare by ensuring that sidewalk vendors on public property provide safe and sanitary conditions for consumers and the general public, are adequately insured, and are properly licensed with other agencies. (Ord. 1037 § 1 (part), 2019)
12.64.020 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in this code, the California Business and Professions Code, California Vehicle Code, or California Government Code.
A. “Beach” means any public oceanfront beach within the city.
B. “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, or any successor chapter.
C. “Commercial district” means any area zoned community commercial (CC), regional commercial (CR), mixed-use neighborhood (MU-N), neighborhood commercial (CN), mixed-use village (MU-V), and central village (CV), in Title 17.
D. “Food” means any item provided in Health and Safety Code Section 113781, or any successor section.
E. “Harassment” means any form of unauthorized or unpermitted touching, verbal abuse, blockage of pathways or interference with pedestrian traffic.
F. “Human-powered device” shall mean any device moved solely by human power, including, but not limited to, a pushcart, wagon, bicycle, tricycle, pedal-driver cart, other nonmotorized conveyance, or other wheeled container or mechanism, or from one’s person.
G. “Merchandise” means any item(s) that can be sold and immediately obtained from a sidewalk vendor, which is not considered food. Items for rent shall not be considered merchandise.
H. “Owner” shall mean any person or entity owning or otherwise controlling the operation of any business or activity involving vending.
I. “Park” means the parks listed in the land use element of the general plan.
J. “Public property” shall mean any real property, public easement, public street, street median, alley, parkway, public sidewalk, or other interest therein owned, held, leased, operated or otherwise controlled by the city.
K. “Residential district” means any area zoned exclusively as residential in Title 17.
L. “Roaming sidewalk vendor” shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction.
M. “Service business” means a commercial enterprise that provides work performed by an individual or team for the benefit of its customers.
N. “Pathway” means a public walkway limited to use by pedestrians through public property or established through an easement not within an active roadway, including but not limited to the Depot Hill pathway and the Soquel Creek pathway.
O. “Sidewalk” means that portion of a roadway, set apart by curbs, barriers, markings or other delineation specifically for the safety of pedestrians.
P. “Sidewalk vendor” shall mean 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, public pathway, or city park.
Q. “Sidewalk vending receptacle” or “sidewalk vendor receptacle” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for sidewalk vending activities.
R. “Special event” shall mean a city-permitted event including, but not limited to, festivals, art shows, parades, and/or cultural events.
S. “Stationary sidewalk vendor” shall mean a sidewalk vendor who vends from a fixed location.
T. “Vend” or “vending” shall mean any act of displaying, selling, or offering for sale of any displayed goods or merchandise to the public from a sidewalk vending receptacle. (Ord. 1037 § 1 (part), 2019)
12.64.030 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 sidewalk vending permit from the community development director, or the director’s designee, under this chapter.
B. No more than one sidewalk vending permit shall be issued to an individual sidewalk vendor, legal entity, or business. One sidewalk vending receptacle is permitted per permit.
C. Permits shall be issued in the order in which they are received and deemed complete by city staff.
D. An applicant shall file a written application for a sidewalk vendor permit with the community development director, or director’s designee, on a form provided by the city. The application shall include the information and materials required by the community development department, together with the required application fees. It is the responsibility of the applicant to provide evidence in support of compliance with this chapter. (Ord. 1037 § 1 (part), 2019)
12.64.040 Issuance of permit.
A. Within thirty calendar days of receiving a complete application, the community development director, or the 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, nor shall it violate any of the provisions, or related rules, restrictions and regulations of the Americans with Disability Act.
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 interfere with public safety operations.
4. The sidewalk vendor has not had a sidewalk vending permit revoked by the city of Capitola within the past twelve months.
5. The sidewalk vendor has not made a materially false, misleading or fraudulent statement of fact to the city in the application process.
6. The sidewalk vendor has satisfied all requirements of this chapter.
7. The sidewalk vendor has adequate insurance to protect the city from liability associated with the sidewalk vendor’s activities, as determined by the city’s risk manager, or the risk manager’s designee, and, if required by the city, the city has been named as an additional insured.
8. The sidewalk vendor has satisfactorily provided all information requested by the community development director, or the community development 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. (Ord. 1037 § 1 (part), 2019)
12.64.050 Operating conditions.
A. All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:
1. 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. The overall space taken up by the sidewalk vendor receptacle shall not exceed the size requirements provided in this section.
2. Sidewalk vendors who sell food shall be in possession of a current health and safety permit issued by the county of Santa Cruz Environmental Health Department in accordance with Part 7 of the California Health and Safety Code.
3. The sidewalk vendor permit shall be displayed conspicuously at all times on the sidewalk vending receptacle or the sidewalk vendor’s person.
4. Only one sidewalk vendor with one sidewalk vending receptacle is permitted per permit.
5. Sidewalk vendors shall ensure that all required insurance is in effect prior to conducting any sidewalk vendor activities and maintained for the duration of the permit.
6. While engaged in vending, sidewalk vendors shall not leave their sidewalk vending receptacles unattended for any reason.
7. Sidewalk vending receptacles shall not be stored on public property.
8. 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 or any related codes or regulations, and to ensure the safe operation of any heating elements used to prepare food.
9. Sidewalk vending receptacles and any attachments thereto shall not exceed a total height of four feet, a total width of three feet, and a total length of four feet.
10. No sidewalk vending receptacle shall contain or use propane, natural gas, or other explosive or hazardous materials.
11. All sidewalk vendors associated with the sidewalk vending receptacle shall be within five feet of the sidewalk vending receptacle when conducting sidewalk vending activities. Deliveries from sidewalk vending receptacles are prohibited.
12. Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacles and shall not empty their trash into public trash cans. 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.
13. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that is discharged. Failure to comply may result in the city taking appropriate action to clean the discharge at the vendor’s expense. The vendor permit may thereafter be suspended until such time as the expense associated with cleanup has been reimbursed to the city. The vendor permit may be revoked upon three violations of this requirement.
14. Sidewalk vendors shall comply with the federal Americans with Disabilities Act of 1990 and amendments thereto, and state disability rights laws.
15. Sidewalk vendors shall maintain a minimum four-foot clear accessible path free from obstructions, including sidewalk vending receptacle and customer queuing area.
16. Sidewalk vendors shall comply with the noise standards provided in Chapter 9.12 of this code, or any successor chapters.
17. Sidewalk vendors shall not approach persons to sell food or merchandise.
18. 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.
19. Sidewalk vendors shall not use any illuminated, flashing, wind powered, or animated sign.
20. Signs shall not exceed three square feet; and no freestanding sign shall be placed on a public street or sidewalk. (Ord. 1037 § 1 (part), 2019)
12.64.060 Prohibited locations.
A. Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:
1. Any public property that does not meet the definition of a sidewalk, pathway, or park including, but not limited to, any alley, intra-block walkway, beach, square, street, street end, or parking lot.
2. Within two hundred feet of:
a. A police station.
b. A fire station.
c. The beach.
d. A school.
e. A permitted certified farmers’ market or swap meet during the limited operating hours of that certified farmers’ market or swap meet.
f. An area designated for a special event permit issued by the city, during the limited duration of the special event, if the city provides the sidewalk vendor any notice, business interruption mitigation, or other rights the city provided to any affected businesses or property owners under the city’s special event permit.
3. Within one hundred feet of:
a. Another sidewalk vendor.
b. Any police officer, firefighter, lifeguard or emergency medical personnel who is actively engaged in providing emergency services to the public.
4. Within twenty-five feet of a:
a. Fire hydrant.
b. Crosswalk.
c. Curb which has been designated as white, yellow, green, blue, or red zone, or a bus zone.
d. Automated teller machine.
e. Driveway, alley, or entrance to a park, parking lot, or parking garage.
f. Trash receptacle, bike rack, bench, bus stop, restroom, or similar public use items.
g. Pay station or parking meter.
h. Esplanade Park.
i. Grand Avenue pathway.
j. Soquel Creek pathway and park.
k. Depot Hill stairway.
l. Lawn Way.
5. Sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vending activities:
a. On any portion of a sidewalk or pathway that is not a minimum width of ten feet wide within the Central Village zoning district and four feet wide throughout the rest of the city; or
b. At any park where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
6. Stationary sidewalk vendors shall not operate in the residential zoning districts.
7. 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, fire hydrants, benches, bus shelters, newsstands, trashcans, or traffic barriers. (Ord. 1037 § 1 (part), 2019)
12.64.070 Prohibited activities.
A. Sidewalk vendors shall not engage in any of the following activities:
1. Renting merchandise to customers.
2. Providing a service that is neither defined as merchandise or food.
3. Displaying or advertising merchandise or food that is not available for immediate sale.
4. Selling of alcohol, cannabis, sexually oriented merchandise, tobacco products, products that contain nicotine or cannabis, or any product used to smoke/vape nicotine or cannabis.
5. Using an open flame on or within any sidewalk vending receptacle.
6. Using an electrical outlet or power source, or water sources, that is owned by the city or any person other than the sidewalk vendor.
7. Harassment of customers as defined in Section 12.64.020.
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. Placing sidewalk vending receptacles outside of any pathway, park or sidewalk when engaging in sidewalk vending activities.
B. Sidewalk vending is permitted during the following times:
1. Within the commercial districts during normal operating hours of surrounding commercial establishments;
2. Within residential districts, between the hours of nine a.m. and six p.m. daily. (Ord. 1037 § 1 (part), 2019)
12.64.080 Penalties.
A. As prescribed by state legislation, violations of this chapter may not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citation and revocation structure.
B. Except as otherwise provided in this chapter, any violation of this chapter shall be assessed penalties as established by resolution adopted by the city council.
C. If a sidewalk vendor violates any portion of this chapter and cannot present the citing officer with a proof of a valid permit, the sidewalk vendor shall be assessed penalties as established by resolution adopted by the city council.
D. The community development director, or the director’s designee, may revoke a permit issued to a sidewalk vendor upon violation of any relevant code. (Ord. 1037 § 1 (part), 2019)
12.64.090 Appeals.
All appeals of this chapter shall be conducted pursuant to Chapter 2.52 of this code, or any successor section. (Ord. 1037 § 1 (part), 2019)
Prior legislation: Ord. 790.