13-7
VENDING, PEDDLING, SELLING AND/OR SOLICITING ON PUBLIC STREETS, SIDEWALKS, PARKS, PARKWAYS, MEDIANS, LANDS, PROPERTIES OR OTHER LANDS OR PROPERTIES UNDER THE CONTROL OF THE CITY:
13-7.1 Definitions:
The following words and phrases, whenever used in this section, shall mean as follows:
Civic Center means the grounds, buildings, structures, and open space areas bounded by Bullis Road to the west, Ernestine Avenue to the east, Platt Avenue to the south (not including the R-2 zone), and the Lynwood Library/City Hall North boundaries to the north.
Director means the community development director of the city of Lynwood.
Food means any type of raw, cooked, or processed edible substance, including any food product or beverage.
Junk food means any food or beverage that is low in essential nutrients, protein, vitamins or minerals and high in calories, sodium, sugar and fat. Junk food includes, without limitation, soda, candy, chips, ice cream, hot dogs or processed meat, and chocolates.
Los Angeles fire station means any facility in the city of Lynwood where fire engines and other equipment of the Los Angeles fire department are housed.
Los Angeles sheriff station means any facility in the city of Lynwood where sheriff vehicles and other equipment of the Los Angeles sheriff’s department are housed.
Merchandise means any tangible goods or items that are not food.
Park means an open space intended for public recreational use that is operated by the city of Lynwood.
Person means one or more individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two (2) 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.
Roaming sidewalk vendor has the same meaning as set forth in Government Code section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.
Sidewalk means a public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel.
Sidewalk vendor means a person who sells from a vending cart or from one’s person upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians.
Sidewalk Vendor. A sidewalk vendor(s) or sidewalk vend(s) means a person who sells food or merchandise from a pushcart, stand, equipment, 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 includes “roaming sidewalk vendor” and “stationary sidewalk vendor.” “Sidewalk vendor permit” means a permit related to the use of a cart that is issued by the city in accordance with this section.
Stationary cart means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, that is intended to be operated from a fixed location by a stationary sidewalk vendor instead of being moved from place to place, where stops are limited to completing a transaction.
Stationary sidewalk vendor has the same meaning as set forth in Government Code section 51036(c), and includes a sidewalk vendor who vends from a fixed location.
Sell or selling means to sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.
Swap meet means a location operated in accordance with chapter 25 (Zoning), article 200, and any regulations adopted pursuant to that chapter.
Temporary special permit means a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs.
Vend or vending means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.
Vending cart means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for selling, whether mobile or stationary, that is not a vehicle as defined in the California Vehicle Code. (Ord. #1622-A, §2)
13-7.2 Permit Required:
No person shall conduct or engage in sidewalk vending within the city without first obtaining a sidewalk vending permit pursuant to this section. (Ord. #1622-A, §2)
13-7.3 Sidewalk Vending Permit Application:
a. To apply for a sidewalk vending permit, a person must file an application with the director, or designee, accompanied by a nonrefundable application fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:
1. The full legal name, current address, and telephone number of the applicant;
2. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;
3. A copy of a California driver’s license or identification number, an individual taxpayer identification number, or a social security number. The document or number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with state law, or state/federal court order;
4. A description, map, or drawing of the area(s)/route the applicant intends to operate;
5. A complete description of the food or merchandise offered for sale or exchange. Any applicant who intends to sell food must also provide proof of either a food handler card or certified food protection manager certificate, where applicable, pursuant to Health and Safety Code sections 113700 through 114437, and a mobile food facility permit certifying that the vending cart used has been approved by the Los Angeles County department of public health for that particular type of food;
6. The dimensions of the vending cart;
7. A complete description of any ancillary items that the applicant intends to use in conjunction with sales including, without limitation, trash receptacles, chairs, umbrellas and umbrella stands, or similar items;
8. The hours per day and the days per week during which the sidewalk vendor proposes to operate, and whether the applicant intends to operate as a stationary sidewalk vendor and/or a roaming sidewalk vendor;
9. A California seller’s permit number pursuant to section 6067 of the Revenue and Taxation Code;
10. Certification by the applicant that the information contained in the application is true to his or her knowledge and belief;
11. Proof of a policy or policies of comprehensive general liability insurance with minimum limits of one million dollars ($1,000,000.00) per occurrence, combined single limit coverage and two million dollars ($2,000,000.00) in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the applicant, with an endorsement naming the city as an additional insured. In addition, to the extent required, the applicant shall carry workers’ compensation sufficient to meet requirements of the state of California;
12. An agreement by the applicant to indemnify and hold harmless the city, its officers and employees, for any damage or injury caused to the city or to third parties as a result of the sidewalk vending conduct or activity as approved by Lynwood’s city attorney;
13. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and
14. Any other reasonable information regarding the time, place, and manner of the proposed vending.
b. Complete applications must be submitted to the director, or designee. Only complete applications will be considered. An application is complete if it includes all required information together with full payment of the nonrefundable application fee. Applications will be considered in the order they are received. The city may require supplemental information from any applicant before deeming an application complete. If supplemental information is requested, it must be provided to the director, or designee, within seven (7) business days of the request.
c. The city may deny any application that is incomplete or that does not comply with all applicable requirements. The city may request and obtain supplemental information from any applicant before making a decision on the application.
d. Applicants must agree to abide by the operational requirements stated in subsection 13-7.10.
e. Sidewalk vendors cannot be permitted as a permanent or proprietary location in any property within the city. (Ord. #1622-A, §2)
13-7.4 Criteria for Approval, Denial, or Revocation of Permit:
The director, or his or her designee, shall approve the issuance of a permit unless he or she determines that:
a. The applicant has been convicted of any felony or misdemeanor, and has not subsequently demonstrated rehabilitative characteristics;
b. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
c. The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;
d. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in subsection 13-7.10;
e. The conduct of the sidewalk vendor will 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;
f. If the application is for the renewal of a permit or a subsequent permit, the applicant has failed to pay all previous administrative fines, completed all community service or completed any other alternative disposition associated in any way with a previous violation of this section; or
g. If the application is for the renewal of a permit or a subsequent permit, the applicant has had a permit issued under this section rescinded within the last twelve (12) months.
If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant. (Ord. #1622-A, §2)
13-7.5 Permit Expiration and Renewal:
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 his or her active sidewalk vending permit and pay the related nonrefundable application renewal fee. (Ord. #1622-A, §2)
13-7.6 Permit Rescission:
The director may rescind a permit issued to a sidewalk vendor on a fourth or subsequent violation of this section. A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit. (Ord. #1622-A, §2)
13-7.7 Appeals:
Any person aggrieved by the decision of the director to issue, deny issuance, or rescind a sidewalk vending permit may appeal the decision to the city council. The appeal shall be filed with the city clerk within fourteen (14) days following the date of the director’s decision. (Ord. #1622-A, §2)
13-7.8 Emergency Temporary Suspension of Permit:
Where the conduct or the activity of the permittee creates an imminent peril to the public health or safety, a permit issued pursuant to this section may be summarily suspended upon notice to the permittee, provided that the permittee shall be entitled to a hearing within three (3) days thereafter and any emergency suspension shall not exceed thirty (30) days pending a hearing under subsection 13-7.7. (Ord. #1622-A, §2)
13-7.9 Permits Nontransferable:
No permit granted pursuant to this section shall be transferable. Sidewalk vending permits are issued to persons, not vending carts. (Ord. #1622-A, §2)
13-7.10 Operating Requirements:
Sidewalk vendors shall comply with the following:
a. No sidewalk vendor shall vend in the following locations:
1. Any public property other than a sidewalk, including, without limitation, streets, alleys, plazas, and city-owned parking structures;
2. Within fifteen feet (15') of any street intersection or traffic signal;
3. Within fifteen feet (15') of any fire hydrant, fire call box, police call box, traffic signal controller, streetlight controller, or other emergency facility;
4. Within ten feet (10') of any driveway or driveway apron;
5. Upon or within any roadway, median strip, or dividing section;
6. Upon or within any parkway or landscaped areas lacking paved pathways for travel;
7. Within two hundred feet (200') of any other sidewalk vendor;
8. Within five hundred feet (500') of an area designated for a temporary special permit. This prohibition shall be limited to the duration of the temporary special permit;
9. Within five hundred feet (500') of the nearest property line of any property on which a place of worship or general child care facility is located while the same is in use;
10. Within five hundred feet (500') of the nearest property line of any property on which a school building or facility (public or private), including athletic field, is located while the same is in use, including after-school child care, enrichment classes and sports, and not within one hour before school drop off or one hour after such operations listed above;
11. Within one hundred feet (100') of a public picnic area, playground area, or playground equipment while the same is in use;
12. Within one hundred feet (100') of a public community center, athletic field, softball/baseball diamond, basketball court, handball court, tennis court, soccer field, or volleyball court while the same as in use;
13. Within one hundred feet (100') of a Los Angeles sheriff, Los Angeles firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public;
14. If a stationary sidewalk vendor, within any sidewalk that is not a minimum width of eight feet (8'), exclusive of curb width;
15. Within one hundred feet (100') of the portion of any city facility that is renting merchandise to the public or where rental merchandise is stored;
16. Within twenty-five feet (25') of a litter receptacle, bike rack, or restroom;
17. Within twenty-five feet (25') of a door or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business within the premises;
18. Within twenty-five feet (25') of a pedestrian entrance/exit or elevator lobby of a city-owned parking structure;
19. Within five feet (5') of metered parking along a curb;
20. Within four feet (4') of nonmetered parking along a curb;
21. Within three feet (3') of a red curb if not adjacent to a parking meter or loading zone or a curb if posted for permanent no parking;
22. Within one hundred feet (100') of an alley, parking lot or parking garage vehicle entrance/exit;
23. Within ten feet (10') of a marked crosswalk;
24. Within ten feet (10') of the curb return of an unmarked crosswalk;
25. Within forty feet (40') of a bus loading zone or staging zone during the time posted;
26. Within twenty-five feet (25') of a bus stop, trolley stop, taxi stand, bus bench, or bus shelter;
27. Within two hundred feet (200') of a Los Angeles sheriff station or Los Angeles fire station;
28. Within fifteen feet (15') of an automated teller machine or parking pay station;
29. If a stationary sidewalk vendor, within a park owned or operated by the city if the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire;
30. Within two hundred feet (200') of the Civic Center;
31. Within two hundred feet (200') of a backup city emergency operations center, identified in the city’s emergency operations plan, during the operational period;
32. If a stationary sidewalk vendor, within areas zoned exclusively for residential use or within two hundred feet (200') of any areas zoned exclusively for residential use;
33. Within one hundred feet (100') of an open air dining area; or
34. On private property without the consent of the property owner.
b. No sidewalk vendor shall sell in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than four feet (4') on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices;
c. Sidewalk vending is only permitted between the hours of eight o’clock (8:00) A.M. and ten o’clock (10:00) P.M., daily, except as follows:
1. In residential areas, sidewalk vending shall only be permitted between the hours of eight o’clock (8:00) A.M. and six o’clock (6:00) P.M. on weekdays and between the hours of nine o’clock (9:00) A.M. and five o’clock (5:00) P.M. on weekends and holidays.
2. In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street.
3. In park areas, sidewalk vending shall be permitted only during hours the park is open to the public.
d. Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.
e. Stationary sidewalk vendors shall not vend at any park where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
f. A sidewalk vendor who vends any food other than prepacked food shall provide hand sanitizer for use by the sidewalk vendor and patrons.
g. A stationary sidewalk vendor shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requesting use by patrons. The litter receptacle must be large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public. The vendor’s litter receptacle may not be left on the sidewalk upon leaving any vending location. The vendor shall not empty its litter receptacle into a city refuse container.
h. A roaming sidewalk vendor vending from a vending cart shall maintain a litter receptacle attached to the vending cart large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public and marked with a sign requesting use by patrons. The vendor shall not empty its litter receptacle into a city refuse container.
i. Sidewalk vendors shall maintain a neat, sanitary, hazard and trash-free fifteen-foot (15') radius of the vending location during hours of operation, and prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all litter generated by the vending operations within a fifteen-foot (15') radius of the vending location in the sidewalk vendor’s litter receptacle. Sidewalk vendors shall not throw, deposit, or leave, or permit to be thrown, deposited, or left, any litter, food, or other discarded or abandoned objects, in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the city, so that the same might be or become a pollutant.
j. Sidewalk vendors shall immediately clean up any food, grease, or other fluid or item related to sidewalk vending activities that falls on public property.
k. If a stationary sidewalk vendor remains in place for one hour or longer, the sidewalk vendor must be located within one hundred feet (100') of a publicly accessible restroom.
l. Vendors of food or food products shall possess and display in plain view on the vending cart a valid public health permit from the Los Angeles County department of public Health.
m. Sidewalk vendors shall possess at all times while selling, a valid sidewalk vendor permit issued pursuant to this section, as well as any other permit or license required by the city and any other appropriate governmental agency.
n. Sidewalk vendors shall possess at all times while selling, current liability insurance per subsection 13-7.3a(11).
o. Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
p. Vending carts shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No vending cart shall become a permanent fixture on any site or be considered an improvement to real property.
q. Sidewalk vendors must ensure that food and merchandise are securely fastened to the vending cart in such a manner that the food or merchandise does not fall off or extend outside of the frame of the vending cart.
r. Vending carts shall not be placed on any public property other than a sidewalk.
s. Vending carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to, poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way.
t. All signage and advertising related in any way to the sidewalk vendor must be attached to the vending cart or the sidewalk vendor’s person, and shall not be electrical, flashing, wind-powered or animated.
u. A vending cart approved by the Los Angeles County department of health to vend one type or types of food may not be used to vend a different type of food.
v. Sidewalk vendors shall comply with all applicable state and local laws, as amended from time to time, including without limitation, section 3-12 (Noise) of the Lynwood Municipal Code, Division I of Title 11 (County Health Code) and Division I of Title 8 (Public Health Licenses) of the Los Angeles County Code, state food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal).
w. Not including an attached litter receptacle, vending carts shall not exceed a length of four feet (4'), a width of four feet (4'), or a height, including a roof, umbrella, or awning, of ten feet (10'); provided, that any umbrella or awning shall be no less than seven feet (7') above the surface of the sidewalk.
x. Vending carts shall not be accompanied by accessories, including, but not limited to, tables, chairs, benches and umbrellas except that one chair and one umbrella may be provided for the purpose of allowing the vendor or an employee to be seated in shade.
y. Vending carts for food shall be stored in accordance with all requirements of the Los Angeles County department of public health.
z. Vending carts shall have locking wheels to prevent uncontrolled movement.
aa. Vending carts shall not be left unattended.
bb. Vending carts shall not be left overnight on any public property or right-of-way.
cc. Sidewalk vendors shall not engage in any of the following activities:
1. Using verbal or physical conduct that would cause a reasonable person to fear for his or her safety;
2. Intentionally causing unwanted physical contact with any member of the public;
3. Following a person who walks away after expressing a desire to not be vended to;
4. Approaching a person on a bicycle, occupying a motor vehicle, or an emergency vehicle offering services to the public;
5. Approaching a person standing in line, seated in an outdoor dining area, or similarly stationary for a specific purpose, so that to a reasonable person, it is apparent that the purpose would be frustrated by relocation to avoid the sidewalk vendor;
6. Intentionally blocking the path of the person being vended to or who has expressed a desire to not be vended to;
7. Impeding or obstructing ingress to or egress from any private property or any structure, parking space or loading facility;
8. Renting merchandise to customers;
9. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products;
10. Knowingly making false statements or misrepresentations during the course of vending;
11. Vending illegal or counterfeit merchandise;
12. Bartering, exchanging, selling, offering for sale, displaying for sale, or soliciting offers to purchase services;
13. In parks, interfering in any way with anyone engaged in a physical activity or approaching spectators who are watching a sporting activity to vend;
14. To prevent dangerous distractions, making any outcry, blowing a horn, ringing a bell, or using any sound device or musical instrument for the purpose of attracting the attention of potential patrons;
15. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation;
16. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or
17. Vending in a manner that blocks or obstructs the free movement of vehicles, including parked vehicles. (Ord. #1622-A, §2)
13-7.11 Commercial Vehicles:
The operator of any commercial vehicle shall not vend, peddle, sell, or solicit any food, merchandise, goods, or services on a public street under the control of the city without conforming to all of the following:
a. The vehicle owner or operator first shall have obtained a business license from the city and shall have paid any required license fees.
b. The vehicle operator and any assistant thereto shall conduct such commercial activities only between the hours of nine o’clock (9:00) A.M. and five o’clock (5:00) P.M. during standard time. Beginning with the annual observance of daylight saving time until the annual observance of the Labor Day holiday, licensed ice cream truck vendors may operate between the hours of nine o’clock (9:00) A.M. and eight o’clock (8:00) P.M.
c. The vehicle operator shall first bring the vehicle to a complete stop, and shall have lawfully parked the vehicle adjacent to the street curb.
d. The vehicle operator shall not remain or permit their vehicle to remain in any one location for more than thirty (30) minutes and, upon the expiration of the thirty (30) minutes, must move at least one-half mile from that location. In addition, the vehicle operator may not return to any location within a three (3) hour period.
e. The vehicle operator shall not park the vehicle within five hundred feet (500') of a school (public or private) or park, or within two hundred feet (200') of another vehicle engaged in vending, peddling, selling, or soliciting.
f. The vehicle owner or operator shall have obtained for each vehicle owned or operated thereby a comprehensive liability insurance policy which shall protect the owner, the operator and the city (as an additional insured) under the policy with types and amounts of coverage as follows: bodily injury and property damage liability insurance, five hundred thousand dollars ($500,000.00) for each person and two million dollars ($2,000,000.00) in the aggregate; personal injury liability, one million dollars ($1,000,000.00) each occurrence; workers’ compensation and employer’s liability, one million dollars ($1,000,000.00) each accident. The owner or operator of the vehicle shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. This countersigned certificate shall name the city as an additional insured under the policy, and shall contain a statement of obligation on the part of the insurance carrier to notify the business license division by certified mail, return receipt requested, of any material change, cancellation or termination of such insurance. The required certificate shall be furnished by the owner or operator of the vehicle to the business license division as a condition precedent to the business license division issuing a business license for such vending, peddling, selling or soliciting and a copy thereof shall be carried at all times in the vehicle.
g. Every vehicle owner and operator shall consent to a background investigation by the city’s law enforcement personnel.
h. Every vehicle owner or operator involved in the sale or provision of food products of any kind within the city shall obtain and openly display a health certificate and letter grade from the Los Angeles County department of health on each vehicle operated within the city for such purpose.
i. Business licensing of mobile ice cream vendors is limited to fourteen (14) licenses within city limits.
j. Each licensed mobile ice cream vendor owner or operator is limited to one ice cream vending vehicle. (Ord. #1622-A, §2)
13-7.12 Administrative Citations:
a. A violation of any provision of this section by a sidewalk vendor who has a valid sidewalk vending permit or a commercial vehicle who has a valid business license from the city is punishable only by an administrative citation pursuant to section 20-3 (Issuance of Administrative Citation, Fines) in amounts not to exceed the following:
1. One hundred dollars ($100.00) for a first violation.
2. Two hundred dollars ($200.00) for a second violation within one year of the first violation.
3. Five hundred dollars ($500.00) for each additional violation within one year of the first violation.
b. A person engaged in sidewalk vending without a valid city sidewalk vending permit or a commercial vehicle without a permit is punishable by an administrative citation in amounts not to exceed the following, in lieu of the amounts set forth in subsection 13-7.12a:
1. Two hundred and fifty dollars ($250.00) for a first violation.
2. Five hundred dollars ($500.00) for a second violation within one year of the first violation.
3. One thousand dollars ($1,000.00) for each additional violation within one year of the first violation.
4. Upon proof of a valid sidewalk vending permit issued by the city, the administrative citations set forth in this subsection shall be reduced to amounts set forth in subsection 13-7.12a.
c. As related to sidewalk vending only, a violation of this section shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.
d. As related to sidewalk vending only, failure to pay an administrative citation issued pursuant to 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.
e. As related to sidewalk vending only, when assessing administrative citations pursuant to this section, the director 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.
f. As related to sidewalk vending only, if a person meets the criteria described in Government Code section 68632(a) or (b), the city shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this section.
g. As related to sidewalk vending only, the director may waive the administrative citation or may offer an alternative disposition. (Ord. #1622-A, §2)