Chapter 4-48
SIDEWALK VENDING Revised 11/23
Sections:
4-48.010 Purpose. Revised 11/23
4-48.020 Definitions. Revised 11/23
4-48.030 Permit required. Revised 11/23
4-48.040 Permit application. Revised 11/23
4-48.050 Criteria for approval or denial of permit. Revised 11/23
4-48.060 Permit expiration and renewal. Revised 11/23
4-48.070 Permits nontransferable. Revised 11/23
4-48.080 Permit display. Revised 11/23
4-48.090 Operational standards. Revised 11/23
4-48.100 Sidewalk vending in parks. Revised 11/23
4-48.110 Sidewalk vending in residential and nonresidential zones, hours of operation. Revised 11/23
4-48.120 Sidewalk vending near schools. Revised 11/23
4-48.130 Prohibition on sidewalk vending during farmers’ markets, swap meets and special events. Revised 11/23
4-48.140 Rescission of a sidewalk vending permit. Revised 11/23
4-48.150 Appeals to the City Manager. Revised 11/23
4-48.160 Penalties. Revised 11/23
4-48.010 Purpose. Revised 11/23
The City Council finds that sidewalk vending of food, beverages, and/or merchandise on public sidewalks and rights-of-way may pose significant unsafe conditions and special dangers to the public health, safety, and welfare of children, residents, and visitors. The purpose of this chapter is to implement reasonable time, place, and manner regulations on both roaming and stationary sidewalk vendors that protect the public health, safety, and welfare consistent with the requirements of state law, and to promote safe sidewalk vending practices, to prevent safety, traffic, and health hazards, to ensure pedestrian and motorist safety, to provide proper and safe access for individuals with disabilities, and to protect the public health, safety, and general welfare of the community. (Ord. 2023-4 § 2)
4-48.020 Definitions. Revised 11/23
For purposes of this chapter, the words and phrases defined herein shall be construed in accordance with the following definitions:
A. “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.
B. “City” means the city of Laguna Hills.
C. “City Manager” means the duly appointed City Manager of the city, or a qualified hearing officer appointed by the City Manager at their discretion to consider and rule on appeals pursuant to Section 4-48.150.
D. “Director” means the Community Development Director of the city or a designee they select to make determinations pertaining to this chapter.
E. “Employee” includes every owner, partner, operator, manager, supervisor, person and worker, whether paid or not, full-time or part-time, who is employed or retained in support of a sidewalk vending operation and who vends and conducts sidewalk vending activities. For purposes of this chapter, the term “employee” includes independent contractors.
F. “Food” means any type of edible substance or beverage intended primarily for consumption by human beings.
G. “Merchandise” means small and easily carried or worn tangible items that are not food or drinks, including, but not limited to, souvenirs, toys, articles of clothing, and flowers.
H. “Park” means a public park owned, operated, and maintained by the city including, without limitation, the Laguna Hills Community Center and Sports Complex.
I. “Parkway” means a piece of land located between the rear of a curb and the front of a sidewalk or between the sidewalk and property line, usually used for planting low ground cover and/or street trees and separating pedestrians from vehicles within the right-of-way.
J. “Person” means one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity.
K. “Public right-of-way” or “right-of-way” means any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, court, way, avenue, boulevard, road, roadway, tunnel, bridge, thoroughfare, park, square, and any other similar public way.
L. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place vending and stops only to complete a transaction.
M. “School” means any childcare facility, or an institution of learning for minors, public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of education.
N. “Sidewalk” means a portion of the public right-of-way between the curb line and the adjacent property line, or an easement or right-of-way held by the city across the front of private property, and intended for use of pedestrians. For purposes of this chapter, “sidewalk” shall also include a paved path or walkway owned by the city that is specifically designed for pedestrian travel. “Sidewalk,” for purposes of this chapter, does not include landscaped parkway and nonpathway areas, including turf, whether natural or artificial, meant for passive recreation or sporting activities, decorative rock and gravel areas, benched viewing areas, and adjacent access walkways, and other similar areas not intended specifically for pedestrian travel and access to public or private facilities.
O. “Sidewalk vending activities” means actions that qualify a person as a roaming or stationary sidewalk vendor such as, but not limited to, placement of a vending cart and/or vending on a sidewalk.
P. “Sidewalk vending permit” or “permit” means the permit required pursuant to this chapter to conduct sidewalk vending activities in the city.
Q. “Sidewalk vendor” or “vendor” means a person who vends from a vending cart or from one’s person, upon a public sidewalk, pedestrian path, or other public right-of-way available to pedestrians other than persons authorized to vend in such areas pursuant to a lawfully issued temporary special event permit, or in certified farmers’ markets or swap meets. “Sidewalk vendor” includes “roaming sidewalk vendor” and “stationary sidewalk vendor.”
R. “Special event permit” means a city-issued permit to hold a special event, as provided in Chapter 6-18.
S. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
T. “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
U. “Vend” or “vending” means to sell, offer for sale, display for sale, or solicit offers to purchase food, food products, beverages, goods or merchandise.
V. “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. 2023-4 § 2)
4-48.030 Permit required. Revised 11/23
No person, either for themselves or any other person, shall conduct or engage in any sidewalk vending activities within the city without first obtaining a sidewalk vending permit pursuant to this chapter. All persons associated with sidewalk vending activities, including, but not limited to, employees are considered sidewalk vendors and are required to obtain separate and individual sidewalk vending permits. (Ord. 2023-4 § 2)
4-48.040 Permit application. Revised 11/23
A. To apply for a sidewalk vending permit, a person must file a written application with the Director. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the City Council. Any such permit shall be required to be renewed and a separate nonrefundable application fee paid yearly for such renewal application. Sidewalk vending permit(s) are nontransferable and any change in ownership or operation of a vending cart requires a new permit.
B. The written application shall be in a form prescribed by the Director and shall contain, at a minimum, the following:
1. The legal name, current mailing address, and phone number of the applicant.
2. If the applicant is an agent of an individual, company, partnership, or corporation, or other entity, the name and business address of the principal.
3. If the applicant will have employees, the name(s), current mailing address(es), and phone number(s) of the person(s) who will be employed as stationary or roaming sidewalk vendor(s).
4. Whether the applicant intends to operate as a stationary or roaming sidewalk vendor.
5. A schedule of the applicant’s proposed hours of operation, items of sale, and area/locations of operation.
6. If an applicant proposes to vend food or food products, certification to completion of a food handler course and proof of all required permits and approvals from the Orange County Department of Public Health. A County Health Permit may not be required in certain circumstances for sidewalk vendors that sell only bagged snacks, cans of soda, bottled water, whole fruits and vegetables, canned goods that do not need to be refrigerated, and other similar foods. However, a food handler card is required.
7. A California seller’s permit number pursuant to Section 6067 of the Revenue and Taxation Code that designates “city of Laguna Hills” as a location or sublocation.
8. One of the following forms of identification, which upon collection, shall not be available by the city to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or comply with state law or state or federal court order:
a. A copy of the valid California driver’s license or California identification card issued to the applicant; or
b. A copy of the individual taxpayer identification number issued to the vendor.
9. For all stationary sidewalk vendor applications, a site plan or description of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum clear width of forty-eight (48) inches of accessible route area for pedestrian travel when considering the vendor equipment and anticipated customer queue or other minimum clear width for pedestrian travel required by the Americans with Disabilities Act or other federal or state law or standards with regard to disability access. For stationary sidewalk vendors operating within the public right-of-way only, the site plan map must include the proposed footprint size of the area utilized for vending including, but not limited to, any vending cart, any associated equipment, and any space occupied by the vendor or their employees.
10. For all sidewalk vendor applications, a copy of the required encroachment permit issued by the city pursuant to Section 12-12.180, and payment of the required encroachment permit fee, as established by resolution of the City Council.
11. For all sidewalk vendor applications, a copy of the required proof of insurance coverage for bodily injury and property damage pursuant to Section 12-12.190(A)(9), and as specified in the encroachment permit.
12. An acknowledgment that the applicant shall comply with all generally applicable local, state, and federal laws.
13. A certification by the applicant that to his or her knowledge and belief, signed under penalty of perjury under the laws of the state of California, the information contained in the application is true and correct.
14. For all sidewalk vendor applications, an agreement by the applicant to indemnify, defend, and save the city, its authorized agents, officers, representatives, and employees harmless from and against any and all penalties, liabilities, annoyances, or losses resulting from claims or court action arising out of any accident, loss, or damage to persons or property happening or occurring as a proximate result of any sidewalk vending activities undertaken pursuant to the issued sidewalk vending permit, in a form approved by the City Attorney, as specified in the encroachment permit.
15. An acknowledgment that the use of public property and/or the public right-of-way is at the applicant’s own risk, and the city does not take any steps to ensure that such public property is safe or conducive to any sidewalk vending activities.
16. A list of all other cities or other jurisdictions in which the applicant has operated a sidewalk vending business or similar operation within the past twelve (12) months, whether a permit was required to operate, and if so, whether the permit has been rescinded for cause in the past twelve (12) months.
C. Prior to the issuance of a sidewalk vending permit, the applicant and the applicant’s employees shall cause to be filed with the Chief of Police Services for the city, or their designee, a Live Scan criminal background check conducted by the California Department of Justice within the previous six months of the application date. The Chief of Police Services shall provide a Live Scan request form for use at any Live Scan vendor location for this purpose.
(Ord. 2023-4 § 2)
4-48.050 Criteria for approval or denial of permit. Revised 11/23
A. Within thirty (30) days of receiving a complete sidewalk vending permit application, the Director, in consultation with the Public Works Director/City Engineer, shall evaluate the application and shall issue a sidewalk vending permit unless the director determines that:
1. The applicant has made a materially false, misleading, or fraudulent statement or omission of fact to the city in the sidewalk vending permit application process.
2. The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents within fourteen (14) days of notification.
3. The applicant’s proposed sidewalk vending cart or proposed vending activities do not conform to the requirements of this chapter.
4. The applicant or any employee of the applicant: (a) is required to register under the provisions of California Penal Code Section 290, (b) has been convicted of any misdemeanor, which is sexual in nature or involving moral turpitude, or (c) has been convicted of any felony within five years of the date of application submittal.
5. The applicant does not possess all federal, state, and local permits/licenses necessary to engage in the proposed sidewalk vending activities.
6. The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter.
7. The applicant has had a sidewalk vending permit or similar permit rescinded for cause within the past twelve (12) months in the city or any other jurisdiction.
B. If an application is denied, the Director shall provide the applicant with a written notice of such denial and the reasons therefor, and no sidewalk vending permit will be issued. Notice of denial of the application for the permit shall be deemed to have been served upon the date it is personally served on the applicant or five days following the date the notice is deposited in the United States mail with postage prepaid and addressed to the applicant at the mailing address set forth in the application for the sidewalk vending permit.
(Ord. 2023-4 § 2)
4-48.060 Permit expiration and renewal. Revised 11/23
A. A sidewalk vending permit shall be valid for twelve (12) months from the date of issuance and shall expire and become null and void on the anniversary of its issuance. A person may apply for a permit renewal on a form provided by the city prior to the expiration of their active sidewalk vending permit.
B. Each applicant for renewal of a sidewalk vending permit shall provide such information as may be required by the Director and/or Chief of Police Services to update the information required by Section 4-48.040 and contained in the original permit application.
(Ord. 2023-4 § 2)
4-48.070 Permits nontransferable. Revised 11/23
A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated. (Ord. 2023-4 § 2)
4-48.080 Permit display. Revised 11/23
The sidewalk vendor shall publicly display at all times the sidewalk vending permit and any other required business and health licenses during sidewalk vending. (Ord. 2023-4 § 2)
4-48.090 Operational standards. Revised 11/23
Sidewalk vendors shall comply with the following operational standards:
A. Sidewalk vendors shall be duly permitted and shall meet all requirements of Sections 4-48.030 and 4-48.040.
B. Sidewalk vendors shall not vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a minimum clear width of not less than forty-eight (48) inches of accessible route area for pedestrians when considering the vendor equipment and anticipated customer queue, or such other minimum clear width for pedestrian travel as required in compliance with the Americans with Disabilities Act or any other provision of federal or state law with regard to disability access.
C. Sidewalk vendors shall maintain the sidewalk vending area in a clean, orderly, and sanitary condition at all times.
D. Sidewalk vendors that sell any food or beverages shall maintain a trash container in or on their vending cart and shall not empty their trash into public trash cans. The size of the sidewalk vendor’s trash container counts as part of the size limit of the vending cart.
E. Sidewalk vendors shall not use any audible device, including, but not limited to, a horn, siren, megaphone, loudspeaker, amplified music, whistle, or bull horn to attract attention to the presence of the sidewalk vendor and sidewalk vending activities.
F. Prior to leaving the sidewalk vending area, sidewalk vendors shall collect all litter and debris that was generated or created by the sidewalk vending activities, including by the vendor and/or any customers.
G. Sidewalk vendors shall not dispose of cooking material or waste, including, but not limited to, used oil, into the city’s trash receptacles, streets, curbs, or gutters, storm drains, parkways, plant material, or foliage. Sidewalk vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending activities that falls onto public or private property.
H. Sidewalk vendors shall not block or obstruct entrances to any private or public buildings, private or public driveways, parking spaces or building windows.
I. In addition to the restrictions included in Sections 4-48.120 and 4-48.130, sidewalk vendors shall not vend in the following locations:
1. Within five hundred (500) feet from any freeway on-ramp or off-ramp as prohibited by California Vehicle Code Section 22520.5.
2. Within two hundred (200) feet of the Laguna Hills Civic Center or any fire station. The distance shall be measured from the property line of the parcel on which the Laguna Hills Civic Center or fire station is located.
3. Within one hundred (100) feet from any intersection of a street and a sidewalk.
4. Within fifty (50) feet of a:
a. Driveway, alley, or entrance to a parking lot or parking garage; or
b. Another sidewalk vendor.
5. Within twenty-five (25) feet of a:
a. Fire hydrant, or fire call box;
b. Bus stop or bus shelter;
c. Curb which has been designated as white, yellow, green, blue, or red zone;
d. Automated teller machine;
e. Trash receptacle, bike rack, bench, public restroom, or catch basin; or
f. Entrance to or exit from any building, structure, or facility.
J. Sidewalk vendors and all aspects of their activities and operations, including, but not limited to, any vending cart, any associated equipment, and any space occupied by the vendor or their employees, shall not occupy a space exceeding horizontal dimensions of a square measuring six feet by six feet. Except as otherwise provided below, vending carts and attachments thereto shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet. However, a transparent sneeze guard measuring up to five feet, measured from ground level, may be attached to a vending cart. Additionally, an umbrella may be used as an attachment to the vending cart and is allowed to exceed the total height of four feet. The umbrella shall not exceed a total maximum height of eight feet, nor a total maximum diameter of nine feet.
The umbrella must also provide a minimum of seven feet of vertical clearance.
K. Except for a table, chair, and umbrella for a stationary vendor, no other tables, chairs, fences, shade structures, easy ups, tents, canopies, other site furniture, or any freestanding signs shall be permitted in conjunction with any sidewalk vending activities.
L. Sidewalk vendors shall not attach to or utilize any public utilities, such as water lines, electrical lines, or gas lines when engaging in any sidewalk vending activities.
M. Sidewalk vendors shall not place any cable or wires across any sidewalk, parkway or right-of-way when engaging in any sidewalk vending activities.
N. Sidewalk vendors shall not use an electrical outlet or power source that is owned by the city or another person other than the sidewalk vendor.
O. Signage and advertising related to sidewalk vending must be located on or affixed to the vending cart, and sidewalk vendors shall not place any signage on public property. The overall space taken up by the vending cart inclusive of any such signage or advertising shall not exceed the size requirements provided in this section. The use of any freestanding signs in conjunction with sidewalk vending activities is prohibited.
P. Signage and advertising related to sidewalk vending shall not be illuminated, electrical, flashing, wind powered, or animated.
Q. Sidewalk vendors shall not use any flashing lights or animated devices, such as laser lights, strobe lights, and LED lights.
R. Vending carts and associated equipment, food and merchandise shall not be left unattended at any time or stored, left, or maintained in public spaces or in any portion of the public right-of-way beyond the allowed hours of operation. Any vending cart, or associated equipment, food or merchandise left overnight in public spaces or in any portion of the public right-of-way will be considered abandoned and discarded and may be seized or disposed of by the city.
S. Sidewalk vendors shall not use an open flame on or within any vending cart, except as otherwise permitted under federal, state, or local law.
T. Sidewalk vendors shall not sell alcohol, marijuana (including, but not limited to, any product infused with marijuana such as CBD oil), adult-oriented material, tobacco products, products that contain nicotine, vaping products, or any product used to smoke/vape nicotine and/or marijuana.
U. In accordance with Section 12-42.030 (Pedestrians prohibited on city median islands), no sidewalk vending activities shall occur on or within any city street medians.
V. Sidewalk vending is prohibited in and on all streets, highways, roadways, parkways, bridges, bus shelters, and bikeways.
W. Vending carts, and any associated equipment, 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, sign poles, fire hydrants, benches, bus shelters, newsstands, trashcans, or traffic control devices or barriers.
X. Vending carts shall not become a permanent fixture on the vending site or be considered an improvement to real property.
Y. Sidewalk vendors shall not engage in aggressive sales, which shall include touching a person being offered food or merchandise without that person’s consent, continuing to offer food or merchandise for sale to a person after he or she has declined to purchase food or merchandise, or deliberately blocking or impeding the path of the person being offered food or merchandise.
Z. Sidewalk vendors shall not vend to or otherwise conduct transactions with persons in moving vehicles or illegally parked or stopped vehicles.
AA. Sidewalk vendors shall remit all required and applicable taxes to the applicable taxing agencies.
BB. Sidewalk vendors shall comply with all applicable state and local laws, including without limitation all applicable food preparation, handling, and labeling regulations and requirements; fire codes and regulations; and noise standards.
(Ord. 2023-4 § 2)
4-48.100 Sidewalk vending in parks. Revised 11/23
A. Stationary sidewalk vendors shall not vend in a park if the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
B. Sidewalk vendors shall not vend in a park when the park has been designated for a special event permit issued by the city, including nearby parking lots used to accommodate the event. A prohibition of sidewalk vendors pursuant to this section shall only be effective for the limited duration of the special event permit.
C. Sidewalk vendors may only vend within the posted hours of the park.
(Ord. 2023-4 § 2)
4-48.110 Sidewalk vending in residential and nonresidential zones, hours of operation. Revised 11/23
A. Stationary sidewalk vendors shall not vend in areas zoned exclusively residential.
B. Roaming sidewalk vendors may vend in areas zoned exclusively residential from nine a.m. to six p.m.
C. Sidewalk vending is permitted in nonresidential areas from eight a.m. to ten p.m., or the hours of operation imposed on other businesses or uses on the same street, whichever is less restrictive.
(Ord. 2023-4 § 2)
4-48.120 Sidewalk vending near schools. Revised 11/23
Sidewalk vendors shall not vend within five hundred (500) feet of any school property from seven a.m. to four p.m. when school is in session or during the period of time scheduled for graduation ceremonies, and for one hour before and after such graduation ceremonies. (Ord. 2023-4 § 2)
4-48.130 Prohibition of sidewalk vending during farmers’ markets, swap meets, and special events. Revised 11/23
A. Sidewalk vendors shall not vend within five hundred (500) feet of a permitted certified farmers’ market or a permitted swap meet, including nearby parking lots used to accommodate the event, during the limited operating hours of that certified farmers’ market or swap meet.
B. Sidewalk vendors shall not vend in areas located within five hundred (500) feet of an area designated for a temporary special event permit issued by the city, including nearby parking lots used to accommodate the event, during the limited duration of the temporary special event permit.
(Ord. 2023-4 § 2)
4-48.140 Rescission of a sidewalk vending permit. Revised 11/23
A. Any sidewalk vending permit may be rescinded by the Director for good cause shown including but not limited to any of the following reasons:
1. Falsification of any information supplied by the sidewalk vendor upon which issuance of the permit was based.
2. Failure of the permittee, or any employees or subcontractors of the permittee, to comply with the requirements of the California Retail Food Code (Health and Safety Code Section 113700 et seq.).
3. A threat or harm to public health, safety or welfare resulting from sidewalk vending activities of the permittee, including but not limited to county health department citations/complaints due to foodborne illness stemming from sidewalk vendor and failure to comply with the California Retail Food Code (Health and Safety Code Section 113700 et seq.).
4. Upon a fourth violation or subsequent violation of any requirement of this chapter.
B. A written notice of rescission of a sidewalk vending permit shall either be personally served on the sidewalk vendor, with proof of service attached, or the notice shall be mailed by United States mail, with proof of service attached, to the person who was issued the sidewalk vending permit at the address provided in the permit application or any subsequent address provided to the city by the permittee. The notice of rescission shall state any and all specific grounds for rescission, the effective date of the rescission, the right of the permittee to appeal the decision of the Director, and that the rescission will be final if no appeal is filed within the time permitted.
C. No person whose sidewalk vending permit is rescinded shall be eligible to apply for a new sidewalk vending permit for a period of five years from the date rescission becomes final. The date of denial shall be the expiration of the appeal period.
(Ord. 2023-4 § 2)
4-48.150 Appeals to the City Manager. Revised 11/23
A. Any person whose application for a sidewalk vending permit has been denied or permit rescinded may appeal such decision to the City Manager within fifteen (15) days following service of written notice of the action or decision by the Director to the applicant or permittee.
B. An appeal shall be taken by timely filing with the Director a written appeal statement setting forth the grounds for the appeal, along with the city’s appeal fee, which shall be established by City Council resolution. The filing of the appeal shall stay the enforcement of any decision denying an application or rescinding the permit. The City Clerk or the Director shall transmit the written appeal statement to the City Manager within ten days of its filing and payment of the appeal fee, and the City Manager shall set a time and place for a hearing on appeal.
C. A hearing before the City Manager shall be set not later than sixty (60) days from the date of filing of the appellant’s written appeal statement with the city. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the notice of intent to rescind a sidewalk vending permit at least five days prior to the date set for the hearing.
D. At the hearing, the appellant and the city shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The City Manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the City Manager. The City Manager may continue the hearing as deemed necessary.
E. The decision of the City Manager on the appeal shall be final and binding on all parties concerned unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.6. In the event a timely action or proceeding is brought pursuant to Code of Civil Procedure Section 1094.6, the City Manager’s decision shall be stayed automatically pending a final decision on the merits by the trial court. As used in this section, final decision on the merits does not include rehearing or appellate procedures.
(Ord. 2023-4 § 2)
4-48.160 Penalties. Revised 11/23
A. A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit is punishable only by an administrative citation pursuant to Chapter 1-36, in amounts not exceed:
1. An administrative fine not exceeding one hundred dollars ($100.00) for a first violation.
2. An administrative fine not exceeding two hundred dollars ($200.00) for a second violation within one year of the first violation.
3. An administrative fine not exceeding five hundred dollars ($500.00) for each additional violation within one year of the first violation.
B. A person engaged in sidewalk vending activities without a valid sidewalk vending permit shall, in lieu of the penalties set forth in subsection A of this section, be punished by:
1. An administrative fine not exceeding two hundred fifty dollars ($250.00) for a first violation.
2. An administrative fine not exceeding five hundred dollars ($500.00) for a second violation within one year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000.00) for each additional violation within one year of the first violation.
C. Upon proof of a valid sidewalk vending permit, 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.
D. The Director may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violation of any requirement of this chapter.
E. Any violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions of this chapter shall be subject to arrest, except when otherwise permitted under law.
F. Failure to pay an administrative fine pursuant to subsection A or B of this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
G. When assessing an administrative fine pursuant to this chapter, the city shall take into consideration the person’s ability to pay the fine. The city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
H. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the city shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this chapter.
I. The city may, but is not required to, allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
(Ord. 2023-4 § 2)