Chapter 5.16
SOLICITOR, SIDEWALK AND ROADSIDE VENDORS
Sections:
5.16.030 Solicitor—Application and operation requirements.
5.16.040 Roadside vending—Application and operation requirements.
5.16.050 Sidewalk vending—Application requirements.
5.16.060 Sidewalk vending—Permit renewal, expiration and revocation.
5.16.070 Sidewalk vending—Operational requirements.
5.16.080 Sidewalk vending—Prohibitions on placement of stationary or mobile carts.
5.16.090 Sidewalk vending—Enforcement fines.
5.16.100 Sidewalk vending—Removal of cart and public nuisance.
Prior legislation: Ord. 132.
5.16.010 Purpose.
The purpose of this chapter is to establish a solicitor, sidewalk and roadside vending program within the boundaries of the City while maintaining regulations that are directly related to the objective health, safety, and welfare of the City. (Ord. 1068 Sec. 1 (Att. A), 2021)
5.16.020 Definitions.
The following definitions apply to this chapter:
A. “Cart” means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and includes a stationary cart or a mobile cart.
B. “Mobile cart” means a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor.
C. “Person or persons” means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, 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.
D. “Roadside vendor” means a vendor who vends from a motorized vehicle operated on a public street.
E. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
F. “Sidewalk” means any surface in the public right-of-way provided for the use of pedestrians. However, this does not include equestrian trails.
G. “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. Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendor.
H. “Solicitors,” which include any individual, whether a resident or nonresident of the City, who travels or goes from place to place or from house to house, or who attends at any party or gathering in a private residence or other place within the City and solicits money or takes orders for any goods, wares, merchandise, or other thing of value for future delivery. As used in this definition, “orders” includes subscriptions for newspapers, magazines, or other periodicals or any business service and subscriptions for membership in any society, club, association, or other organization where a commission or other compensation is paid for obtaining such subscription.
I. “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.
J. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
K. “Vending” means the offering or displaying for sale or selling of any food, merchandise, goods, or wares. (Ord. 1068 Sec. 1 (Att. A), 2021)
5.16.030 Solicitor—Application and operation requirements.
A. A solicitor may not solicit anywhere within the City without first obtaining a City of Norco business license.
B. No person shall practice or engage in soliciting as described between the hours of 8:00 p.m. and 10:00 a.m. of any day. In residential zones, no person shall practice or engage in soliciting by traveling from place of residence to place of residence including house to house, apartment to apartment, any dwelling unit to any other dwelling unit between the hours of 5:00 p.m. and 10:00 a.m. of any day.
C. No person, who is exercising, practicing or engaging in any activity as described in Section 5.16.020(H), shall ring the bell of, or knock on the door of, or attempt to gain admittance to any residence, dwelling or apartment whereon a sign bearing the words “No Solicitors” is painted, affixed or exposed to public view. (Ord. 1068 Sec. 1 (Att. A), 2021)
5.16.040 Roadside vending—Application and operation requirements.
A. No roadside vendor may operate within the City without first obtaining a City of Norco business license.
B. A person may engage in roadside vending provided the following restrictions are followed:
1. A person may engage in roadside vending from a lawfully parked vehicle on a residential street. Roadside vending is not allowed on nonresidential streets;
2. No person vending from a lawfully parked vehicle shall operate any time earlier than 10:00 a.m. or no later than 30 minutes before sunset;
3. No person shall engage in vending from a lawfully parked vehicle at one fixed location longer than necessary to complete a sales transaction. Such sale shall not exceed 10 minutes;
4. A roadside vendor shall maintain a clean and trash-free area within a 10-foot radius around the vendor’s vehicle and shall ensure that such area is clean and trash-free before moving the vehicle to a new location;
5. A roadside vendor engaged in the retail sale of food shall obtain a food facility permit from the Riverside County Health Department prior to obtaining a business license from the City;
6. A roadside vendor shall not sell within 300 feet of a public or private school during the hours that such school is being attended by students or within 30 minutes prior to such school’s attendance hours or within 30 minutes after such school’s attendance hours. (Ord. 1068 Sec. 1 (Att. A), 2021)
5.16.050 Sidewalk vending—Application requirements.
A. No sidewalk vendor may vend anywhere within the City without first obtaining a sidewalk vending permit pursuant to this chapter. To obtain a sidewalk vending permit, a sidewalk vendor must provide the following as part of their application:
1. Valid identification, such as a State of California identification, or any other U.S. government-issued identification card, or an individual taxpayer identification number or a Mexican Consulate identification card;
2. The name, address and telephone number of the sidewalk vendor and if applicable, a management/supervisor or employer;
3. The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a stationary sidewalk vending cart. Valid identification, such as a State of California identification, or any other U.S. government-issued identification card shall be required for all persons that will be employed;
4. Proposed hours of operation;
5. Proposed location of operation;
6. Whether the sidewalk vendor intends to operate a stationary cart or a mobile cart;
7. The type of food or merchandise offered for sale or exchange;
8. Proof of a valid business registration;
9. Proof of liability insurance;
10. An application fee as set forth by resolution of the City Council;
11. A valid California Department of Tax and Fee Administration seller’s permit and additional licenses from state or local agencies to the extent required by law;
12. Proof of completion of a food handler course and present a copy of the course completion certificate, if applicable;
13. A permit from the Riverside County Environmental Health Department for food-related vending, if applicable; prerequisite for vending food;
14. A declaration that the information provided to the City is true and correct; and
15. Any other information or applicable permits, including operations-related information, as may be required by the Norco Municipal Code.
B. Notwithstanding any other requirement in this code, an applicant for a sidewalk vending permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such permit. In lieu of an otherwise required social security number, the City shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the permit program or to comply with a state law or state or federal court order. (Ord. 1068 Sec. 1 (Att. A), 2021)
5.16.060 Sidewalk vending—Permit renewal, expiration and revocation.
A. A sidewalk vending permit shall be valid for up to one year unless revoked or suspended prior to expiration. An application to renew a sidewalk vending permit under this chapter shall be made before the expiration of the current permit.
B. A permit may be revoked by the Planning Director for a fourth or subsequent violation of this chapter. A person whose permit is revoked may not renew their permit for one year.
C. Permits are not transferable. (Ord. 1068 Sec. 1 (Att. A), 2021)
5.16.070 Sidewalk vending—Operational requirements.
A. A cart used for sidewalk vending must obtain and prominently display a valid permit and all other permits issued by other public agencies. Food vending carts must display a valid Riverside County Environmental Health permit and decal sticker specifying the category of food permit issued by the agency.
B. A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.
C. No stationary cart may be used to vend within a residential zoned area. However, a sidewalk vendor may use a mobile cart within a residential zone, and must move continuously except when necessary to complete a sale.
D. A cart must operate according to its approved hours of operations. No sidewalk vendor shall operate in a commercial zone between the hours of 8:00 p.m. and 8:00 a.m. In order to preserve the peace, safety, and tranquility of residential neighborhoods, no sidewalk vendor may operate in any residential zone earlier than 10:00 a.m. or later than 30 minutes before sunset.
E. No cart, condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor’s stated closing time.
F. Sidewalk vendors must not operate upon any public roadways or streets where no paved sidewalk and pedestrian path is available.
G. All sidewalk vendors shall allow City enforcement officers, County health inspectors or other government officials to inspect their sidewalk vending activities at any time.
H. No vendor cart may exceed a length of 72 inches, a width of 54 inches, or a height, including any roof, awning, or umbrella, of 80 inches.
I. No sidewalk vendor shall use an electrical outlet or water supply that is owned by the City or another person or entity other than the sidewalk vendor.
J. No sidewalk vendor that utilizes a pushcart may set up or use an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the permit obtained by the sidewalk vendor.
K. All sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.
L. All sidewalk vendors shall maintain a clean and trash-free area within a 10-foot radius around the vendor’s cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing.
M. No cart may be outfitted with any equipment or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to sound amplification, flashing lights, smoke, steam, bubbles, inflatables or flags.
N. In order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.
O. In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.
P. In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park.
Q. In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles.
R. In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in a location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.
S. In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart and shall not move or flap in the wind.
T. In order to preserve the safety of vehicular travelers sidewalk vendors shall not vend in any area that obstructs traffic, diminishes available parking, or in a manner to entice or cause drivers of vehicles to stop in traffic lanes.
U. In order to preserve the safety of equestrian traffic, sidewalk vending shall not be allowed on equestrian/horse trails. (Ord. 1068 Sec. 1 (Att. A), 2021)
5.16.080 Sidewalk vending—Prohibitions on placement of stationary or mobile carts.
In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular and equestrian traffic, certified farmers’ markets, swap meets, and City-permitted special events, sidewalk vendors shall not operate, nor leave any cart, canopy, merchandise displays, perishables, or other items relating to vendor’s business in the following areas of the public right-of-way:
A. Any area other than a public sidewalk or pedestrian path;
B. Within 10 feet of a marked crosswalk;
C. Within 15 feet of any street intersection;
D. Within an equestrian/horse trail;
E. Within 10 feet of the curb return of an unmarked crosswalk;
F. Within 15 feet of any fire hydrant;
G. Within 15 feet of a driveway or driveway apron;
H. Within three feet from the edge of the curb;
I. Within 25 feet of an entrance or exit to a building, structure or facility;
J. Within 300 feet of a public or private school during the hours that such school is being attended by students or within 30 minutes prior to such school’s attendance hours or within thirty minutes after such school’s attendance hours;
K. Within 100 feet of another sidewalk vendor;
L. Where placement impedes the flow of vehicular traffic such as on public streets or public highways or impedes entering or exiting a parked vehicle;
M. Adjacent to any marked loading zone or bus zone;
N. No cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park;
O. No cart shall be placed where it impedes the flow of pedestrian traffic by reducing the clear space to less than four feet, or impedes access to or the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA). Furthermore, sidewalk vending shall not impede pedestrian traffic to pass freely;
P. No sidewalk vending is allowed within 300 feet of a permitted special event during the duration or operating hours of such an event. Permitted events include parades, concerts, certified farmers’ markets, swap meets, and any event that requires 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 permits;
Q. No stationary sidewalk vendor may operate in a City-owned or City-operated park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. (Ord. 1068 Sec. 1 (Att. A), 2021)
5.16.090 Sidewalk vending—Enforcement fines.
Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows:
A. For vending without a valid permit:
1. An administrative fine of $250.00 for a first violation;
2. An administrative fine of $500.00 for a second violation within one year of the first violation;
3. An administrative fine of $1,000 for a third violation and each subsequent violation, within one year of the first violation;
4. Upon proof of a valid permit issued by the City before such fines are due, the City will reduce the amount of the fines to $100.00 for the first violation, $200.00 for the second violation, and $500.00 for each violation thereafter.
B. For all violations of this chapter other than vending without a valid permit as outlined in Sections 5.16.060 and 5.16.070:
1. An administrative fine of $100.00 for a first violation;
2. An administrative fine of $200.00 for a second violation within one year of the first violation;
3. An administrative fine of $500.00 for a third violation within one year of the first violation; and
4. An administration fine of $500.00 for a fourth and each subsequent violation and revocation of the permit.
C. The City will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.
Upon receipt of a request for an ability-to-pay determination, the City Manager or his or her designee shall determine whether such person meets the criteria described in Section 68632(a) or (b) of the Government Code. The determination of the City Manager or his or her designee shall be final.
D. If the person meets the criteria described in Section 68632(a) or (b) of the Government Code, the City shall reduce the fine to 20 percent of the amount of the fine originally imposed.
E. Fines collected under this section will be deposited with the City’s treasury for general use. (Ord. 1068 Sec. 1 (Att. A), 2021)
5.16.100 Sidewalk vending—Removal of cart and public nuisance.
A. The City may request the sidewalk vendor remove any cart if the cart is creating an imminent safety hazard or is placed within a prohibited area as set forth in this chapter. If the sidewalk vendor refuses to remove the cart, or if the cart has been abandoned, the City may remove the cart and/or dispose of the cart, after providing at least 30 days’ notice of redemption to the address associated with the cart, if any. Any violation of this chapter is declared to be unlawful and a public nuisance.
B. The City may remove the vendor’s products and hold them 24 hours for perishable and 48 hours for nonperishable for recovery by the legal owner of the same, if the vendor has no valid identification or proof of residency. The City shall provide written advice of method of product recovery at the time of removal of product.
C. Any violation of this chapter is declared to be unlawful and a public nuisance. (Ord. 1068 Sec. 1 (Att. A), 2021)