Chapter 12.50
VENDORS
Sections:
12.50.030 Vending locations; permits and business licenses; vendor operations.
12.50.010 Findings; intent.
(a) The City Council finds that vending by the use of vendor vehicles and carts must be regulated by enactment of this article to ensure the public safety of those traveling on city streets and sidewalks.
(b) Vendors operating motor vehicles and vending carts on public or private streets and public rights-of-way within the city present a hazard to motorists, pedestrians, and vendor operators and their patrons. Potential safety hazards may arise from street geometrics, traffic circulation patterns, and from differences between motor vehicles and vendor vehicle travel speeds, especially on arterial streets. Vendor carts operating on the shoulders of streets would be susceptible to a significant degree of accident vulnerability particularly at intersections with higher speeds and traffic volumes. Allowing vendor carts upon public sidewalks is not a reasonable alternative because of limited maneuvering space and pedestrian safety considerations. Lack of or diminished space due to vendors locating on sidewalks could force pedestrians onto busy streets. Locations of street fixtures such as utility vaults, power poles, streetlight standards, traffic signal lights, fire hydrants, street trees, public signs, and mailboxes further constrain available sidewalk space.
(c) The intent of this article is to regulate the sale of food, wares, merchandise, and services by vendors in the city. Vendors, including but not limited to vendor motor vehicles, vendor carts, and all other outdoor sales activities, except as identified in section 12.50.040 (exemptions) of this article and CDC 18.200.210, shall be allowed in the city only as permitted by this article.
(Code 1965, § 6800; Code 2002, § 90-101. Ord. No. 96-8)
12.50.020 Definitions.
The following definitions shall apply to words used in this article:
Vendor. A person who sells, offers to sell, barters, exchanges, or displays any type of food, wares, merchandise, or service at any location other than within a building or structure constructed on a permanent foundation which is occupied, rented, leased, or owned by that person. A person engaged in a business conducted from a building or structure constructed on a permanent foundation that involves outdoor display, sale, or storage of the same types of goods or merchandise sold as part of the primary business activity on those premises shall not be considered a vendor under this article. Activities identified in section 12.50.040 of this article shall not be categorized as a vendor. Sidewalk cafes regulated by Chapter 12.45 are not considered to be vendors under this article.
Vendor cart. A small nonmotorized vehicle equipped with a container(s) for food, wares, or other merchandise, and/or services offered for sale, barter, or exchange.
Vendor motor vehicle. A motor vehicle from which food items, wares, or other merchandise and/or services are offered for sale, barter, or exchange. A vendor motor vehicle is any vehicle used for commercial purposes including, but not limited to, travel trailers, recreational vehicles, and vans.
(Code 1965, § 6801; Code 2002, § 90-102. Ord. No. 96-8)
Cross references: Definitions generally, § 1.05.100.
12.50.030 Vending locations; permits and business licenses; vendor operations.
(a) Authority to vend on public or private property. A vendor may be permitted to operate only at public and private property authorized by this section, subject to first obtaining a written city permit. This section does not apply to a vendor on public property not owned by the city if permission to vend has been granted by the property owner or on private property where permission to vend has been granted by city permit.
(1) Vendor motor vehicles. On private property, which is not an approved food vendor group site, vendor motor vehicles are allowed only at construction sites. Such vehicles may stop at a construction site for no more than 30 minutes without moving to a new location at least 300 feet removed therefrom. Such vehicles may not return to a location where they have previously stopped to vend within the previous three hours.
(2) Nonmotorized carts. Vendor carts are allowed on private property only pursuant to a city administrative permit or minor use permit. Vendor carts are allowed on construction sites only pursuant to an administrative permit. The approving authority may impose reasonable conditions as provided in subsection (g)(2) of this section. At construction sites on private property, vendor carts may stop for no more than 30 minutes without moving to a new location at least 300 feet removed therefrom. Such carts may not return to a location where they have been previously stopped to vend within the previous three hours.
(3) Vendors prohibited in Downtown Business Zoning District. Vendors shall not be permitted to operate at any publicly owned location in the Downtown Business Zoning District except as authorized by subsection (b)(2) of this section pursuant to a valid minor use permit.
(b) Special vendor activities and locations.
(1) Schools. Vending is allowed at public or private schools, attendance at which satisfies the state requirements for compulsory education, when sponsored or co-sponsored by the school, provided all licenses required by state law or county ordinance are obtained.
(2) City parks, recreation areas, and city facilities. A vendor may operate within a public park, recreation area, or city facility only when licensed by the city as a concessionaire or when authorized by the city. The city may require a use permit for longterm vending on city-owned property.
(3) Community events, activities, and fundraisers. Vending is allowed at public and private property as a part of special events, subject to prior city approval, provided these occur no more frequently than one per season and not to exceed a maximum of four times per year. Events sponsored by the city or private events authorized on city-owned property shall be exempt from these provisions.
(c) Permitted vending from vendor motor vehicles. The Chief of Planning shall have authority to determine appropriate locations for vending from vendor motor vehicles. Motor vehicle vendors will not be allowed to operate on streets or rights-of-way where a public safety hazard exists or potentially exists. Criteria to be used in determining whether a motor vehicle vendor can operate safely in the street or public rights-of-way are specified in subsection (c)(1) of this section.
(1) The Chief of Planning may use, but is not limited to, the following criteria to determine the suitability of vending from motor vehicles:
a. Creation of pedestrian safety hazards;
b. Road geometrics (e.g., design, alignment, configuration, width, vehicle sight-line distance) relative to pedestrian and vehicular safety;
c. Impediments to traffic flows;
d. Traffic congestion patterns, circulation movements, and average daily traffic (ADT) volumes [on the] street;
e. Speed limits and traffic speeds;
f. Traffic studies and accident rates;
g. On-street parking requirements in residential neighborhoods;
h. Any other factor deemed to be a potential safety hazard by the Chief of Planning.
(2) If the Chief of Planning determines that a vendor negatively affects vehicular or pedestrian safety, the vendor activity shall be prohibited.
(3) In residential districts, vendor motor vehicles shall comply with Vehicle Code § 22455 and Title 10 of this Code.
(d) Prohibited vendor motor vehicle locations. Based upon traffic volumes which exceed 15,000 average daily vehicles or a posted traffic speed of 35 miles per hour or greater, the following streets are determined to be unsuitable for vendor motor vehicles:
(1) Clayton Road from Highway 680 to the eastern city boundary;
(2) Concord Avenue from Contra Costa Boulevard to Salvio Street;
(3) Concord Boulevard from Galindo Street to the eastern city boundary;
(4) Denkinger Road from Concord Boulevard to Clayton Road;
(5) Galindo Street from Cowell Road to Salvio Street;
(6) Kirker Pass Road from the northeast city boundary to Clayton Road;
(7) Monument Boulevard from the western city boundary to Cowell Road;
(8) Port Chicago Highway from the northern city boundary to Salvio Street;
(9) Treat Boulevard from Clayton Road to the southwestern city boundary;
(10) Willow Pass Road from Contra Costa Boulevard to the city boundary;
(11) Ygnacio Valley Road from Clayton Road to the western city boundary;
(12) Market Street from Concord Avenue to the connection with Meadow Lane.
Streets with speed limits which change to 35 miles per hour or greater following adoption of this article will automatically be deemed unsuitable for vendor motor vehicles.
Additional authority of Chief of Planning to designate prohibited locations. In addition to those streets identified in subsection (d) of this section, the Chief of Planning in consultation with the Director of Engineering and Transportation may designate other streets, roads, and public rights-of-way where vendors are not permitted to operate.
(e) Application and permit procedures.
(1) A person desiring to engage in a vendor operation as defined by this section shall submit a written application in a form acceptable to and with all supporting information required by the Chief of Planning. Prior to initiating any vending operations, all necessary approvals shall be obtained, including a permit from the Chief of Planning, Zoning Administrator, or Planning Commission as appropriate.
(2) There shall be a nonrefundable, nontransferable fee for processing an application under this section. The fee shall be that established by the City Council in the Resolution of Fees and Charges.
(3) Vendor applicants must provide the city with written authorization of the proposed activity from the property owner prior to submitting an application for a vendor’s permit.
(4) Every vendor shall provide proof of a valid California driver’s license, current vehicle registration, a copy of an applicable vehicle insurance policy, and personal liability and property damage insurance policy, or a certificate in lieu of delivery of actual policies, in amounts acceptable to the City Attorney. Such policies shall name the city as an additional insured.
(5) Approved vendors shall enter into a hold harmless agreement releasing the city of all liability in the event of an accident or injury resulting from the vendor’s location or operations.
(6) Upon request by any person, or at the discretion of the Chief of Planning, a vendor’s application may be referred to either the Zoning Administrator or Planning Commission.
(f) Operating regulations.
(1) Compliance with regulations; parking regulations.
a. Vendor motor vehicles engaged in vending upon a street or public right(s)-of-way may vend only when operating in compliance with the regulations established by this section.
b. Vendor vehicles must be brought to a complete stop and lawfully parked adjacent to the curb consistent with Vehicle Code § 22500 et seq. and the provisions of Title 10 articles V and VI, prior to initiating vending operations. Vendors from motor vehicles shall be required to comply with all traffic rules and regulations set forth in the state Vehicle Code and the Municipal Code.
(2) Chief of Planning may impose reasonable conditions on operations. The Chief of Planning may impose reasonable conditions on vendor operations. Such conditions may include, but not be limited to:
a. Restricting days and hours of operation, contingent upon the vending location.
b. Limiting the size and scope of the activity.
c. Prescribing the size and appearance of vendor vehicles, structures, and facilities.
d. Prescribing the size, quantity, and location of signs and other advertising devices.
e. Requiring a minimum number of persons to be on duty.
f. Controlling the locations for employee and customer parking.
g. Regulating refuse collection and cleanup of the premises.
(3) Zoning Administrator’s permit or use permit required. Unless a different time period is specified by a Zoning Administrator’s permit or use permit as required by other provisions of this section, vendor permits are valid for a period not to exceed 12 months. A permit may be renewed for an additional period of up to 12 months each, at the discretion of the Planning Manager. No permit shall be transferable, except with the written consent of the Planning Manager.
(4) Compliance with code requirements. Permits granted hereunder shall not exempt vendors, vendor motor vehicles, structures, or facilities from the requirements of the Building Code, and related health or safety codes.
(5) Business license. Every vendor shall obtain a city business license in accordance with chapter 5.05, of this Code and comply with any other related state licensing, as applicable.
(6) Display of licenses and permits. At all times while vending, a valid city business license and other required permits shall be displayed at the vending site or on the vendor vehicle, as applicable.
(7) County Environmental Health Division consumer protection permit. A permit is required from the county Environmental Health Department in order to sell or offer food and/or beverages for sale. Such permits shall be obtained prior to and a copy submitted along with the vendor application materials required by the city.
(g) Permit revocation.
(1) Grounds for revocation. The Planning Manager may revoke a vendor’s permit or modify its conditions for reasons including, but not limited to, any of the following:
a. Falsifying any information or omitting a fact required to be supplied by the permittee upon which issuance of the permit was based.
b. Conviction of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the permit or license was issued.
c. Commission of acts involving dishonesty, fraud, or deceit with the intent to substantially benefit the applicant or another, or substantially injure another.
d. Commission of acts which would constitute a felony or which would constitute a crime if the acts are substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the permit or license was issued.
e. Violation of any zoning, health, safety, fire, police or other provision of this Code or of county, state, or federal law relating to the permitted activity which substantially affects the public health, welfare or safety.
f. Violation of the terms and conditions of the permit or other requirements of this chapter.
(2) Notice of revocation. Notice of revocation shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder address as set forth on the application for a permit. Service shall be deemed made on the permit holder on the date personally delivered or on the date of mailing.
(3) Request for appeal. No such revocation shall become effective until expiration of the appeal period. A permit holder may appeal such revocation to the City Manager, or his assignee, by filing a written notice of appeal with the Planning Division within ten days following the date of service of such decision. If a timely appeal is filed, the revocation shall be stayed pending the decision of the City Manager. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.
(4) Revocation hearing. Upon receipt of a timely appeal, the City Manager, or his designee, shall hear such appeal within 20 business days following the date of such appeal and shall give the appellant not less than five days advance notice of the date of such hearing. The decision of the City Manager shall be based upon the criteria set forth in subsections (c) and (g) of this section which are applicable to the issuance or revocation of a vendor’s permit. The appellant shall be notified of the decision of the City Manager, or his designee, by mailed, written notice. The decision of the City Manager, or his designee, shall be final. No revocation of a permit pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager’s, or his designee’s, decision. Provided, however, no permit holder shall operate during any period of time in which the insurance coverage required by this section is not in full force and effect.
(5) Summary suspension. The Planning Manager may summarily suspend the permittee’s permit for one or more periods of up to one week (7 days) each, but only if the Planning Manager determines that a violation of a permit condition or other requirement of this chapter creates an imminent danger to the public health, safety or welfare, or a disturbance of the peace.
a. A written notice of summary suspension shall state the grounds and reasons upon which the summary suspension is based, and shall be delivered to the permittee at the address stated on the application or permit at the time of the summary suspension.
b. The notice of summary suspension shall advise the permittee that the City Manager, or his designee, will hold a hearing to affirm, modify, or overrule the summary suspension decision. The notice shall state the time and place of the hearing, which hearing shall be held not later than twenty-four hours of the time of issuance of the summary suspension.
c. At the hearing before the City Manager, or his designee, the permittee shall be given the opportunity to present reasons why the permittee is not responsible for the violation giving rise to the summary suspension.
d. The hearing will be conducted informally and technical rules of evidence shall not apply. Any and all other evidence which the City Manager, or his designee, deems reliable, relevant, and not unduly repetitious may be considered.
e. At the close of the hearing, the City Manager, or his designee, shall issue an oral or written decision which either affirms, modifies, or overrules the summary suspension. The City Manager, or his designee, shall issue an oral decision upon conclusion of the hearing or may communicate the decision by telephone within twenty-four hours of the hearing and shall mail a written confirmation of the decision within five working days of the close of the hearing.
(6) Reapplication following revocation. No person or entity whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
(Code 1965, § 6802; Code 2002, § 90-103. Ord. No. 96-8; Ord. No. 02-5; Ord. No. 14-6, § 13)
Editor’s note: Section 12.50.030(h) derived from Ord. No. 02-5, § 2, and was renumbered as 12.50.030(g) as set out herein above at the discretion of the editor.
12.50.040 Exemptions.
The following activities shall be exempt from the provisions of this article:
(1) Sales of Christmas trees between the dates of November 25 and December 25, inclusive. A city administrative occupancy permit and business license are required;
(2) Sales of pumpkins between the dates of October 1 and October 31. A city administrative occupancy permit and business license are required;
(3) Garage sales at single or multiple family residences, provided that no more than three such sales shall occur in any six-month period at any residence.
(4) Events authorized or approved under Division IV of CDC Title 18.
(Code 1965, § 6803; Code 2002, § 90-104. Ord. No. 96-8; Ord. No. 02-5)