Chapter 5.31
SIDEWALK VENDORS
Sections:
5.31.040 Sidewalk vendor license.
5.31.050 Sidewalk vendor standards.
5.31.010 Purpose.
The purpose and intent of this chapter is to regulate sidewalk vendors in accordance with State law in order to promote the health, safety, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to Government Code Sections 51036 through 51039. [Ord. 1412 § 5, 2019].
5.31.020 Definitions.
For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
“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 or entity 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.
“Sidewalk vendor license” means a City business license to engage in sidewalk vending activity in accordance with the terms and conditions of this chapter, this code, and the conditions of approval for the business license.
“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. [Ord. 1412 § 5, 2019].
5.31.030 License requirement.
All sidewalk vendors shall obtain and maintain a sidewalk vendor license from the City in accordance with the criteria and process set forth in this chapter and this code. Sidewalk vendor licenses issued pursuant to this chapter shall be valid from the date of issuance for a period of one year, or shorter period as specified at the time of application, unless the sidewalk vendor license has been terminated, suspended, or revoked for any of the causes set forth in this chapter. [Ord. 1412 § 5, 2019].
5.31.040 Sidewalk vendor license.
All applicants wishing to obtain a sidewalk vendor license from the City shall file an application with the City upon a form provided by the City and shall pay a sidewalk vendor license fee as established by the City. An application for a sidewalk vendor license shall include at least the following information:
A. The name of the applicant.
B. The current mailing address of the applicant.
C. If the applicant is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
D. Brief description of the nature of the business and the goods to be sold or exchanged.
E. The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the applicant.
F. Photograph of the applicant and photograph of any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used in such sidewalk vending activity taken within 60 days immediately prior to the date of filing the application; photograph of applicant shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
G. A copy of a current and valid permit from the Riverside County Department of Environmental Health. This requirement shall only apply to applicants for a sidewalk vendor license to sell food products that have not been commercially packaged.
H. A certification by the applicant that, to his or her knowledge and belief, the information contained on the application is true. [Ord. 1412 § 5, 2019].
5.31.050 Sidewalk vendor standards.
All sidewalk vendors operating within the City shall comply with the following provisions:
A. Sidewalk vendors shall comply with all applicable City, State, and Federal laws and regulations.
B. Sidewalk vendors shall maintain a current and valid permit from the Riverside County Department of Environmental Health. This requirement shall only apply to sidewalk vendors selling food products that have not been commercially packaged.
C. Sidewalk vendors shall maintain sanitary conditions.
D. There is no set restriction on the hours of operation of sidewalk vendors; however, reasonable restricted hours of operation may be established as a condition of approval of the sidewalk vendor license. In nonresidential areas, any limitations on the hours of operation of sidewalk vendors shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street.
E. No stationary sidewalk vendors shall operate in a park owned or operated by the City where the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. Such restriction, if imposed, shall be set forth as a condition of approval of the sidewalk vendor license and identify the restricted park(s).
F. No sidewalk vendors shall operate in a park owned or operated by the City in a manner that impedes the public’s use and enjoyment of natural resources and recreational opportunities, or that causes an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. Such restriction, if imposed, shall be set forth as a condition of approval of the sidewalk vendor license and identify the restricted park(s).
G. No stationary sidewalk vendors shall operate in any areas that are zoned exclusively residential.
H. No sidewalk vendors shall operate in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the operating hours of that certified farmers’ market or swap meet.
I. No sidewalk vendors shall operate within the immediate vicinity of an area designated for a temporary special permit issued by the City. This prohibition shall only be effective for the duration of the temporary special permit.
J. No sidewalk vendors shall operate in road medians or in areas that separate opposing lanes of traffic on divided roadways. [Ord. 1412 § 5, 2019].
5.31.060 Enforcement.
Any sidewalk vending activity within the City in violation of this chapter is hereby declared to be unlawful and a public nuisance. Any person who engages in a violation of this chapter shall be subject to the following penalties and remedies:
A. Any person in violation of any provision of this chapter shall be punishable by an administrative fine of up to $100.00 for a first violation.
B. Any person in violation of any provision of this chapter shall be punishable by an administrative fine of up to $200.00 for a second violation within one year of the first violation, and an administrative fine of up to $500.00 for each additional violation within one year of the first violation.
C. The City may rescind a sidewalk vendor license issued to a sidewalk vendor for the term of that sidewalk vendor license upon the fourth violation or subsequent violations of any provision of this chapter.
D. A violation of any provision of this chapter or failure to pay an administrative fine pursuant to this section shall not be punishable as an infraction or misdemeanor.
E. Any person alleged to have violated any provision of this chapter shall not be subject to arrest except when otherwise permitted by law.
F. When assessing an administrative fine pursuant to this section, the City Manager or the City Manager’s designee shall take into consideration the sidewalk vendor’s ability to pay the fine. The City shall provide the sidewalk vendor 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 sidewalk vendor may request an ability-to-pay determination at adjudication or while the fine remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. If the sidewalk vendor meets the criteria described in Government Code Section 68632(a) or (b), the City shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
G. The City reserves the right to allow any sidewalk vendor in violation of any provision of this chapter to complete community service in lieu of paying the total administrative fine, waive the administrative fine, or offer an alternative disposition. [Ord. 1412 § 5, 2019].