Chapter 5.43
SIDEWALK VENDING
Sections:
5.43.040 Criteria for issuance or denial of permit.
5.43.060 Conditions imposed on permit.
5.43.080 Permits nontransferable.
5.43.090 Revocation of permit.
5.43.100 Notice of hearing and grounds for rescission.
5.43.110 Emergency temporary suspension of permit.
5.43.120 Conduct of hearing on suspension or rescission.
5.43.130 Decision of hearing on suspension or rescission.
5.43.150 Operating requirements.
5.43.170 Administrative citations.
5.43.010 Definitions.
A. For purposes of this chapter, the following definitions apply unless the context in which they are used clearly requires otherwise:
“Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter.
“Civic center” means the grounds, buildings, structures and open areas bounded by Elm Street to the northeast, Chestnut Street to the southwest, Cherry Street to the southeast and San Carlos Avenue to the northwest.
“Director” means the Administrative Services Director of the City or his or her designee.
“Downtown area” means that real property within the City that is circumscribed by the northerly and southerly sidewalks of the 1100, 1200 and 1300 blocks of San Carlos Avenue and the sidewalks lining both sides of the 600, 700, 800, 900 and 1000 blocks of Laurel Street.
“Fire station” means any facility where fire engines and other equipment of the City’s Fire Department are housed.
“Food” means any type of raw, cooked, or processed edible substance, including any food product or beverage.
“Merchandise” means any tangible goods or items that are not food.
“Park” means a park facility described in Chapter 12.12.
“Police station” means any facility where police vehicles and other equipment of the City’s Police Department are housed.
“Roaming sidewalk vendor” means 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 vends from a vending cart or from one’s person upon a sidewalk.
“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
“Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article.
“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, City-sponsored holiday events, 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 vending, that is not a vehicle as defined in the California Vehicle Code. (Ord. 1545 § 3 (part), 2019)
5.43.020 Permit required.
No person shall engage in, conduct, or carry on the business of vending on a sidewalk without a permit issued under the provisions of this chapter. (Ord. 1545 § 3 (part), 2019)
5.43.030 Permit application.
Every person, prior to engaging in, conducting, or carrying on the business of vending on a sidewalk, shall file an application for a permit with the Director or his or her designee, accompanied by a nonrefundable processing 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:
A. The legal name, current mailing address and telephone number of the applicant;
B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;
C. A copy of a California driver’s license or identification number, an individual taxpayer identification number, or a Social Security number. The 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 a State law or State or Federal court order;
D. A description of the food and/or merchandise for vending;
E. A description, map, or drawing of the areas in which the sidewalk vendor proposes to operate;
F. The dimensions of the vending cart;
G. The hours per day and the days per week during which the sidewalk vendor proposes to operate, and whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
H. A current valid business tax registration certificate issued pursuant to Chapter 5.04;
I. A current valid California seller’s permit number pursuant to Section 6067 of the California Revenue and Taxation Code;
J. Proof of a policy or policies of comprehensive general liability insurance with minimum limits of one million dollars per occurrence, combined single limit coverage and two million dollars in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the City as an additional insured. In addition, the permittee is required to carry workers’ compensation and automobile coverage sufficient to meet requirements of the State of California.
K. If a vendor of food, certification of completion of a food handler course and proof of all required approvals from the San Mateo County Department of Health, including all permits required under County regulations;
L. 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 as a result of the sidewalk vending conduct or activity. The form of indemnification shall conform to the standard indemnification provisions of City agreements as amended from time to time, approved by the City Attorney;
M. 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
N. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.
Applications for permits shall be filed a minimum of thirty days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of thirty days prior to the expiration of any existing permit. (Ord. 1545 § 3 (part), 2019)
5.43.040 Criteria for issuance or denial of permit.
The Director shall approve the issuance of a permit unless he or she determines that:
A. The applicant has been convicted of a felony or misdemeanor involving moral turpitude, and has not subsequently demonstrated rehabilitative characteristics;
B. The applicant has made a material misrepresentation in the application;
C. The applicant has failed to demonstrate an ability to conform to the operating requirements set forth in Section 5.43.150;
D. The applicant has failed to provide a complete application, after having been notified of the requirement to produce supplemental information or documents;
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 chapter; 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 chapter rescinded within the last twelve months. (Ord. 1545 § 3 (part), 2019)
5.43.050 Denial of permit.
Where the permit is denied, the applicant shall be notified in writing in accordance with Chapter 1.20 of the denial and the reasons therefor. (Ord. 1545 § 3 (part), 2019)
5.43.060 Conditions imposed on permit.
Any person issued a permit pursuant to this chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to Sections 5.43.150 and 5.43.160. (Ord. 1545 § 3 (part), 2019)
5.43.070 Permit expiration.
A permit issued pursuant to this chapter shall be effective for a period of one year from the date of issuance. (Ord. 1545 § 3 (part), 2019)
5.43.080 Permits nontransferable.
No permit issued pursuant to this chapter shall be transferable. (Ord. 1545 § 3 (part), 2019)
5.43.090 Revocation of permit.
The Director may rescind a permit issued under this chapter for any of the following reasons:
A. The sidewalk vendor has made a material misrepresentation in the application;
B. The sidewalk vendor has committed violations of this chapter on four or more separate days;
C. The sidewalk vendor has failed to maintain the insurance required by this chapter;
D. The sidewalk vendor has failed to comply with Federal, State or local laws and regulations; or
E. The sidewalk vendor has conducted the vending in a manner which endangers the public health or safety. (Ord. 1545 § 3 (part), 2019)
5.43.100 Notice of hearing and grounds for rescission.
Prior to the rescission of a permit issued under this chapter, the permittee shall be notified in writing of the grounds for the rescission of the permit and a hearing shall be held thereon. The City Clerk shall cause a written notice of the hearing to be given to the appellant not less than ten days prior to such hearing. (Ord. 1545 § 3 (part), 2019)
5.43.110 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 chapter may be summarily suspended upon notice to the permittee; provided, that the permittee shall be entitled to a hearing within three days thereafter and any emergency suspension shall not exceed fifteen days pending a hearing under Section 5.43.100. (Ord. 1545 § 3 (part), 2019)
5.43.120 Conduct of hearing on suspension or rescission.
The Director shall promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee’s behalf. (Ord. 1545 § 3 (part), 2019)
5.43.130 Decision of hearing on suspension or rescission.
The decision of the Director or his or her designee shall be rendered within five days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing in accordance with Chapter 1.20. (Ord. 1545 § 3 (part), 2019)
5.43.140 Appeal to Council.
Any final decision of the Director to issue, deny, revoke or suspend a permit pursuant to this chapter may be appealed to the City Council in accordance with Chapter 1.25. (Ord. 1545 § 3 (part), 2019)
5.43.150 Operating requirements.
A. Except as otherwise permitted in this chapter or this Code, no sidewalk vendor shall vend in the following locations:
1. Any public property other than a sidewalk, including, without limitation, streets, alleys, plazas, pathways, trails and City-owned parking structures;
2. Within two hundred feet of any other sidewalk vendor;
3. Within five hundred feet of the nearest property line of any property on which a place of worship or a large or general child day care facility is located while the same is in use;
4. Within five hundred feet of the nearest property line of any property on which a school building or facility, including an athletic field, is located while the same is in use, including for afterschool child care, enrichment classes and sports;
5. Within one hundred feet of a public picnic area, playground area or playground equipment while the same is in use;
6. Within one hundred feet of a public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court while the same is in use;
7. Within one hundred feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public;
8. If a stationary sidewalk vendor, within any sidewalk that is not a minimum width of eight feet, exclusive of curb width;
9. Within one hundred feet of a street intersection or traffic signal;
10. Within one hundred feet of any entrance to a park;
11. Within twenty-five feet of a litter receptacle, bike rack, or restroom;
12. Within fifteen feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller;
13. Within twenty-five feet 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;
14. Within twenty-five feet of a pedestrian entrance/exit or elevator lobby of a City-owned parking structure;
15. With four feet of parking along a curb;
16. Within three feet of a red curb or loading zone or a curb if posted for permanent no parking;
17. Within one hundred feet of an alley, parking lot or parking garage vehicle entrance/exit;
18. Within ten feet of any driveway or driveway approach;
19. Within ten feet of a marked crosswalk;
20. Within ten feet of the curb return of an unmarked crosswalk;
21. Within any median strip or dividing section;
22. Within forty feet of a bus loading zone or staging zone during the time posted;
23. Within twenty-five feet of a bus stop, taxi stand, bus bench, or bus shelter;
24. Within twenty-five feet of a space lawfully used by an automobile parking service pursuant to a valid valet parking permit during any time when such automobile parking service is authorized to operate valet parking operations;
25. Within two hundred feet of a police station or fire station;
26. Within two hundred feet of the Caltrain station entrances or exits;
27. Within fifteen feet of an automated teller machine;
28. 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;
29. Within two hundred feet of the Civic Center;
30. Within two hundred feet of a backup City Emergency Operations Center, identified in the City’s Emergency Operations Plan, during the operational period;
31. Within the downtown area for the duration of the special event permit for each of the Hometown Days parade, Chamber of Commerce Art and Wine Faire, the Halloween Goblin Walk, and the Night of Holiday Lights; provided, that any notice provided by the City to affected businesses or property owners under such special event permits is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this chapter;
32. Within the downtown area for the duration of the special event permit for any large-scale special event which includes a street closure; provided, that any notice provided by the City to affected businesses or property owners under such special event permit is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this chapter;
33. If a stationary sidewalk vendor, within areas zoned exclusively for residential use or within one hundred seventy feet of any areas zoned exclusively for residential use;
34. Within five hundred feet of a permitted certified farmers’ market or a permitted swap meet within the hours of operation;
35. Within five hundred feet of an area designated for a temporary special event permit for the duration of the temporary special permit; provided, that any notice provided by the City to affected businesses or property owners under such special event permit is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this chapter;
36. Within fifty feet of a public art installation;
37. Within one hundred feet of an open air dining area;
38. Within twenty-five feet of a public pathway, hiking trailhead or entrance; or
39. On any public hiking trail or public pathway.
B. Sidewalk vendors shall ensure that all required insurance is maintained for the duration of the permit and shall show proof of insurance to a City official upon request.
C. Sidewalk vendors must at all times maintain a clearance of not less than forty-eight inches on all sidewalks so as to enable persons to freely pass while walking, running, or using mobility assistance devices.
D. In areas not zoned exclusively for residential use, sidewalk vending is permitted only between the hours of seven a.m. and ten p.m., except that the hours of operation shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street.
E. In areas zoned exclusively for residential use or within one hundred seventy feet of any areas zoned exclusively for residential use, sidewalk vending is permitted only between the hours of nine a.m. and eight p.m.
F. If a sidewalk vendor of food other than solely prepacked food, the vendor shall possess hand sanitizer for use by the sidewalk vendor and patrons.
G. If a stationary sidewalk vendor, the 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. If a roaming sidewalk vendor vending from a vending cart, the vendor 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 ten-foot 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 ten-foot 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 of a publicly accessible restroom.
L. 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.
M. All food and merchandise shall be stored either inside or affixed to the vending cart or carried by the sidewalk vendor.
N. Vending carts shall not be placed on any public property other than a sidewalk.
O. 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.
P. 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.
Q. A vending cart approved by the San Mateo County Health Department to vend one type or types of food may not be used to vend a different type of food.
R. Sidewalk vendors shall possess at all times, while vending, a copy of a valid current permit issued pursuant to this chapter, as well as any other permit required by any other appropriate governmental agency. The sidewalk vendor permit shall be displayed conspicuously at all times on the vending cart or the sidewalk vendor’s person. If multiple sidewalk vendors are staffing a vending cart or working as roaming sidewalk vendors, each person shall wear their permit on their person in a conspicuous manner. With respect to all other required permits, the sidewalk vendor shall display a copy of the permit upon request by authorized City employees.
S. If a sidewalk vendor of food, the vendor shall possess and display in plain view on the vending cart a valid current mobile food facility permit from the San Mateo County Health Department and, if issued by the San Mateo County Health Department, a grade.
T. Sidewalk vendors shall comply with all applicable State and local laws, as amended from time to time, including without limitation Title 18 (Noise Regulations), the County Health 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).
U. Not including an attached litter receptacle, vending carts shall not exceed a length of four feet, a width of four feet, or a height, including a roof, umbrella, or awning, of ten feet; provided, that any umbrella or awning shall be no less than seven feet above the surface of the sidewalk.
V. 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.
W. Vending carts for merchandise, if stored in the City, shall be fully enclosed by a structure with walls and a roof when not in use for sidewalk vending.
X. Vending carts for food shall be stored in accordance with all requirements of the San Mateo County Department of Public Health.
Y. Vending carts shall have locking wheels to prevent uncontrolled movement.
Z. Vending carts shall not be left unattended.
AA. Vending carts shall not be left overnight on any public property or rights-of way.
BB. 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 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 or occupying a motor vehicle other than a commercial vehicle or 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 entering onto any playing field, sport or similar facility for use by participants 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 devices 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. 1545 § 3 (part), 2019)
5.43.160 Identification card.
Every sidewalk vendor shall obtain a business registration certificate and pay the required fee issued under Chapter 5.04 and shall have a valid and current registration certificate in their possession at all times when engaged in sidewalk vending. Such certificate shall be displayed to any police officer, deputy or other authorized City employee upon request of such police officer, deputy or authorized City employee. (Ord. 1545 § 3 (part), 2019)
5.43.170 Administrative citations.
A. A violation of this chapter by a sidewalk vendor who has a valid current permit issued by the City pursuant to this chapter is punishable only by an administrative citation, in amounts not to exceed the following:
1. One hundred dollars for a first violation.
2. Two hundred dollars for a second violation within one year of the first violation.
3. Five hundred dollars for each additional violation within one year of the first violation.
4. The City may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
B. A person engaged in sidewalk vending without a valid current permit issued pursuant to this chapter is punishable only by an administrative citation pursuant to Article 3 of Chapter 3 of Title 1, in amounts not to exceed the following, in lieu of the amounts set forth in subsection A of this section:
1. Two hundred fifty dollars for a first violation.
2. Five hundred dollars for a second violation within one year of the first violation.
3. One thousand dollars for each additional violation within one year of the first violation.
4. Upon proof of a valid permit issued by the City pursuant to this chapter, the administrative citations set forth in this subsection B shall be reduced to the amounts set forth in subsection A of this section.
C. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this chapter is committed, continued, or permitted by any person.
D. A violation of this chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this chapter shall not be subject to arrest except when permitted under law. Further, failure to pay an administrative citation issued pursuant to this chapter 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. When assessing administrative citations pursuant to this chapter, the administrative hearing officer shall take into consideration the person’s ability to pay the fine. The administrative hearing officer 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. If the person meets the criteria described in subdivision (a) or (b) of California Government Code Section 68632, the City shall accept, in full satisfaction, twenty percent of an administrative citation imposed pursuant to this chapter.
G. The administrative hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition. (Ord. 1545 § 3 (part), 2019)