Chapter 4.50
SIDEWALK VENDING
Sections:
Article I. General Provisions
4.50.030 Owner responsibility.
4.50.050 Ability-to-pay determination.
Article II. Permit Procedure
4.50.070 Application procedure and requirements.
4.50.080 Amendments to permit.
4.50.090 City sidewalk vending permit fee required.
4.50.100 Permit—Issuance or denial.
4.50.110 Permit—Grounds for denial.
4.50.120 Permit—Display requirements.
4.50.130 Revocation or suspension—Reasons.
4.50.135 Notification of revocation.
Article III. Operating Requirements.
4.50.150 Requirements—Sidewalk vending.
4.50.160 Prohibited locations.
4.50.170 Sidewalk vending in parks.
Article I. General Provisions
4.50.010 Purpose—Authority.
The purpose of this chapter is to establish regulations for sidewalk vendors in accordance with the provisions of SB 946. It aims to address objective health, safety, and welfare concerns that arise from the use of public right-of-way for vending. These concerns include ensuring accessibility standards; prioritizing the safety of pedestrians, cyclists, and motorists; as well as maintaining proper health and sanitary conditions. (Ord. 4-24 § 3)
4.50.020 Definitions.
Unless the provision or context otherwise requires, the definitions contained herein shall govern the construction of this chapter.
“Applicant” means any person who applies for a permit as required by this chapter.
“Certified farmers’ market” means a farmers’ market operating in accordance with California Food and Agricultural Code 47004 et seq. in a location approved by the city of Dublin.
“City sidewalk vendor permit” means a permit issued to a sidewalk vendor by the Permit Administrator in accordance with this chapter.
“Operator” refers to any individual responsible for the management and operation of a sidewalk vending enterprise.
“Owner” encompasses the following individuals or entities:
The sole proprietor of a sole proprietorship engaged in sidewalk vending.
Any general partner affiliated with a general or limited partnership that holds ownership of the sidewalk vending business.
Any person possessing a ten percent (10%) or greater ownership stake in a corporation that possesses the sidewalk vending enterprise.
Any individual who is a member of a limited liability company (LLC) that has ownership rights in the sidewalk vending business.
All proprietors or stakeholders of any other type of business association that possesses ownership rights in the sidewalk vending business.
The principal business proprietor or entity that grants authorization for vendor operations within the business.
“Permit Administrator” means the Chief of Police or his/her designee.
“Permittee” refers to any person operating or maintaining a sidewalk vending business.
“Right-of-way” refers to all public streets, sidewalks, pedestrian paths, landscape areas, and easements, now and hereafter owned by the city.
“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.
“Special event” means an event sponsored or approved by the city involving the exclusive use of a city street or property including, but not limited to, an encroachment permit or special event permit.
“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (Ord. 4-24 § 3)
4.50.030 Owner responsibility.
For the purpose of enforcing the requirements of this chapter, the owner of the sidewalk vending enterprise shall be responsible for the conduct of all employees, independent contractors, or other representatives while such persons are providing services on behalf of the business. The owner of the sidewalk vending enterprise must submit information on his or her operations, including if the sidewalk vendor is an agent of an individual, company, partnership, or corporation and the name and business address of the principal to the Permit Administrator during the permit application process. The Permit Administrator may discipline an owner or operator of the sidewalk vending business for the conduct of all individuals operating on behalf of the business. (Ord. 4-24 § 3)
4.50.040 Violation—Penalty.
A. Every person vending without a sidewalk vending permit may be subject to an administrative violation punishable by an administrative fine not to exceed:
1. Two hundred fifty dollars ($250) for a first violation.
2. Five hundred dollars ($500) for a second violation within one (1) year of the first violation.
3 One thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.
The Permit Administrator may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
Upon proof of a valid permit, the administrative fines set forth in subsection A of this section shall be reduced to the administrative fines set forth in subsection B of this section, respectively.
B. Every person violating the provisions of this chapter, except as identified in subsection A of this section, is guilty of an administrative violation punishable by an administrative fine not to exceed:
1. One hundred dollars ($100) for a first violation.
2. Two hundred dollars ($200) for a second violation within one (1) year of the first violation.
3. Five hundred dollars ($500) for each additional violation within one (1) year of the first violation.
C. The Permit Administrator may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
D. Violations of this chapter are not punishable as infractions or misdemeanors.
E. Failure to pay an administrative fine pursuant to this chapter is not punishable as an infraction or misdemeanor. Additional financial conditions beyond those authorized in this chapter shall not be assessed. (Ord. 4-24 § 3)
4.50.050 Ability-to-pay determination.
Any administrative citation issued under this chapter will include instructions regarding the right to request an ability-to-pay determination. If the requestor meets the criteria described in Government Code Section 68632(a) or (b), the City shall accept, in full satisfaction, twenty percent (20%) of the otherwise applicable fee. (Ord. 4-24 § 3)
Article II. Permit Procedure
4.50.060 Permit—Required.
A. Only sidewalk vendors with valid sidewalk vending permits issued by the Permit Administrator may vend upon the city’s public right-of-way.
B. Sidewalk vendors shall apply for renewal annually. (Ord. 4-24 § 3)
4.50.070 Application procedure and requirements.
An application for a sidewalk vending permit shall be submitted to the Permit Administrator on forms provided by Dublin Police Services and shall include the permit processing fee established by the City Council as part of the city’s master fee schedule. Such forms shall require submission of the following information:
A. The name, address, and telephone number of the business owner and manager and any individuals who will be employed as sidewalk vendors under the permit.
B. A detailed description of the food/merchandise to be sold, a detailed description of the areas in which the sidewalk vendor intends to operate, anticipated hours of operation, and whether the vendor(s) will be roaming or stationary.
C. A copy of a California driver’s license or identification number, an individual taxpayer identification number, social security number, or other state-issued identification card. Such information is not a public record and will remain confidential as required by Government Code Section 51038(c)(4).
D. A copy of a valid California Department of Tax and Fee Administration seller’s permit, as required.
E. A copy of a valid mobile food facility permit issued by the Alameda County Department of Environmental Health, as required.
F. Proof of an unexpired business license or proof of current application for business license in the city.
G. An agreement to indemnify the city, its officers and employees, from any liability arising from use of the permit on the public right-of-way.
H. Proof of a policy or policies of comprehensive general liability insurance, in an amount of one million dollars ($1,000,000), approved by the city, and insuring 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. In addition, the permittee is required to carry workers’ compensation and automobile coverage sufficient to meet the requirements of the state of California.
I. Confirmation of compliance with all conditions and requirements of this chapter.
J. Livescan form and fingerprints of the applicant.
K. Such other identification and information as deemed necessary by the Permit Administrator. (Ord. 4-24 § 3)
4.50.080 Amendments to permit.
A. When information provided in the application changes, the operator shall file an amendment to the permit within three (3) business days. The amendment form shall be accompanied by the fee established by the city’s fee schedule.
B. Amendments cannot be used to change goods or merchandise being vended or owners of a sidewalk vending business; new permit applications are required for such changes.
C. A denial of an application to amend a sidewalk vending permit may be appealed as outlined in Section 4.50.140. (Ord. 4-24 § 3)
4.50.090 City sidewalk vending permit fee required.
No sidewalk vending permit shall be issued until the appropriate fee has been paid. The fee for a city sidewalk vending permit shall be established by the City Council by resolution. (Ord. 4-24 § 3)
4.50.100 Permit—Issuance or denial.
The Permit Administrator shall, within thirty (30) days after receipt of an application complying with all the provisions of this chapter, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons for the denial, in accordance with the provisions of Section 4.50.110. (Ord. 4-24 § 3)
4.50.110 Permit—Grounds for denial.
The Permit Administrator shall deny the permit if he/she finds:
A. That any information contained in or submitted with the application is not true, contains material misrepresentations, or if relevant or material information is omitted from the application; or
B. That the operation as proposed by the applicant would not comply with any provision of this chapter or any other ordinance or regulation of the city or any statute or regulation of the state of California; or
C. That, for any other reason, the operation as proposed would be detrimental to health, safety, or welfare; in violation of the requirement to maintain sanitary conditions; or in noncompliance with the federal Americans with Disabilities Act of 1990 and other disability access standards. (Ord. 4-24 § 3)
4.50.120 Permit—Display requirements.
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 in a readily visible location when operating in the public right-of-way. (Ord. 4-24 § 3)
4.50.130 Revocation or suspension—Reasons.
A. A sidewalk vending permit issued pursuant to this chapter may be suspended or revoked by the Permit Administrator for any of the following reasons:
1. The permittee provided false information on their application;
2. The permittee has failed to comply with the requirements of this chapter on four (4) separate days in a twelve (12) month period; or
3. The permittee has conducted their business in a manner which endangers the public health, safety, or welfare. (Ord. 4-24 § 3)
4.50.135 Notification of revocation.
Revocation of a sidewalk vendor permit shall be served in writing no less than fourteen (14) days before the effective date of the revocation to the address listed on the initial application or to any subsequent address provided to the city by the permittee. Any applicant whose application for a sidewalk vendor permit is denied or whose permit is revoked may appeal such decision to the City Manager or designee pursuant to the provisions of Section 4.50.140. (Ord. 4-24 § 3)
4.50.140 Appeal procedure.
An applicant or permittee may appeal any action or determination of the Permit Administrator under the provisions of this chapter to the City Manager pursuant to the provisions of Section 1.04.050. (Ord. 4-24 § 3)
Article III. Operating Requirements.
4.50.150 Requirements—Sidewalk vending.
A. Operational Requirements. Except as otherwise specifically provided in this chapter, all of the following operational requirements shall be applicable to all sidewalk vendors located within the city:
1. Ensure sidewalk accessibility by maintaining a forty-eight (48) inch width unobstructed path, exclusive of the curb.
2. Prevent distractions and promote public welfare by refraining from the following: emitting any loud, unnecessary, and unusual noises consistent with the provisions of Chapter 5.28; using electrical, flashing, or animated signs; the use of tents, or displaying signage, banners, flags, or balloons that exceed a combined total of four (4) square feet. Any sign shall be attached flush to the sidewalk vending receptacle.
3. Maintain sanitary conditions to protect public health. Sidewalk vendors must have trash, recycling, and compost containers in or on their sidewalk vending receptacle; refrain from emptying trash into public trashcans; and must not leave any location without first picking up, removing, and properly disposing of all trash or refuse from their operation. Additionally, sidewalk vendors must promptly clean up any food, grease, or other substances related to sidewalk vending activities that are discharged on public property.
B. Physical Facility Requirements. Except as otherwise specifically provided in this chapter, the following physical facility requirements shall be applicable to all sidewalk vendors located within the city:
1. A sidewalk vending permit does not grant an exclusive right to operate in any specific portion of the public right-of-way.
2. Equipment or objects used for sidewalk vending purposes may not be left or maintained in public spaces or in any portion of the public right-of-way from 8:00 p.m. to 9:00 a.m. in commercial areas and 6:00 p.m. to 9:00 a.m. in residential areas. 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.
3. To prevent unintended rolling or slipping, sidewalk vendors are prohibited from operating pushcarts, pedal-driven carts, wagons, or other nonmotorized conveyances on public rights-of-way with slopes greater than five percent (5%).
4. Additional Requirements. In residential areas, roaming sidewalk vendors may operate between the hours of 9:00 a.m. and 6:00 p.m. (Ord. 4-24 § 3)
4.50.160 Prohibited locations.
A. In order to protect pedestrian and vehicular safety and accommodate public street access including parking, traffic, and emergency road access, sidewalk vending shall be prohibited in the following locations:
1. On any sidewalk where the vendor does not leave at least a forty-eight (48) inch width of unobstructed sidewalk adjacent to a curb. The forty-eight (48) inch width cannot include curb dimensions.
2. On any sidewalk where there are no legal parking spaces within two hundred (200) feet, with the exception of parks.
3. Within twenty-five (25) feet of any crosswalk or intersection.
4. In any area that blocks or obstructs the visibility of traffic signals or regulatory signs.
5. In any driveway or parking lot access.
6. Within twenty-five (25) feet of any fire hydrant, fire call box, fire department connection, post indicator valves, or utility cabinets or equipment.
7. Within fifty (50) feet of any driveway entrance or exit to the City’s Public Safety offices or any fire station.
8. Within fifty (50) feet of any area, structure or facility on which construction is occurring pursuant to a valid building or encroachment permit.
9. Within ten (10) feet of a litter receptacle, public art installation, or bike rack.
10. Within fifty (50) feet of a bus turnout, bus bench, or shelter.
11. Within fifty (50) feet from an outdoor dining area for a restaurant during the operating hours of the restaurant.
12. Within ten (10) feet from the entrance or exit doorway to any building or an automated teller machine.
13. Within five hundred (500) feet of any public or private school grounds prior to 4:00 p.m. on any day when the school is in session.
14. Within five hundred (500) feet of any public or private school grounds during sanctioned events held at the school.
15. Within fifty (50) feet of another sidewalk vendor.
16. On any median strip or landscaped area between the sidewalk and curb.
17. Within two hundred (200) feet of the perimeter of any certified farmers’ market or special event, during the hours when any such event is permitted. (Pursuant to Government Code Section 51038(d)(1)).
18. Immediately adjoining a bike lane when there is no other legal parking within two hundred (200) feet.
B. Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential. (Ord. 4-24 § 3)
4.50.170 Sidewalk vending in parks.
A. A stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into an exclusive agreement for the sale of food or merchandise by one (1) or more concessionaires for that park.
B. Except as provided in subsection A of this section, vending within city parks is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned areas, vending shall not take place on sand, dirt, or parking lots. In addition, vending within city parks shall not be allowed where it would reduce sidewalk access below ADA minimums or within ten (10) feet of a public art installation, public information kiosk, or fountain.
C. In parks, sidewalk vendors shall not approach persons to sell food or merchandise.
D. Sidewalk vendors must comply with park hours. (Ord. 4-24 § 3)