Chapter 5.54
SIDEWALK VENDING
Sections:
5.54.040 Review of permit application—Decision.
5.54.050 Rules and regulations.
5.54.060 Suspension and revocation.
5.54.080 Compliance with all applicable state laws.
5.54.010 Purpose and intent.
The city finds that the vending of prepared or prepackaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this chapter is to implement a permit requirement for both roaming and stationary sidewalk vending that protects the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and to preserve the public peace, safety, and welfare of the community. (Ord. 19-04 § 2 (part): Ord. 19-03 § 2 (part))
5.54.020 Definitions.
For purposes of this chapter, the following definitions apply:
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. “Sidewalk vendor or vending” 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. A “roaming” sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction. A “stationary” sidewalk vendor is any sidewalk vendor that does not meet the definition of “roaming.”
C. “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. (Ord. 19-04 § 2 (part): Ord. 19-03 § 2 (part))
5.54.030 Permit required.
A. All sidewalk vendors shall obtain a sidewalk vending permit prior to engaging in any sidewalk vending activities.
B. The sidewalk vending permit does not create any real property rights and does not grant or convey any easement, lease, fee or other interest in the public right-of-way. Sidewalk vendors shall not have any right to exclude others from the public right-of-way or other public space or to interfere with any use or activity of the city or the public within the public right-of-way or other public space.
C. The sidewalk vending permit shall not be construed to violate or allow the interference with any rights under the Americans with Disabilities Act or similar state or local regulations. Sidewalk vendors shall not block, restrict, or create a barrier to accessible use of the sidewalk or right-of-way or any accessible features serving the sidewalk or right-of-way. Sidewalk vendors shall at all times maintain at least forty-eight (48) inches of clear space on any accessible route or sidewalk, or such other amount of clear space as is required by the Americans with Disabilities Act, the California Building Code, or other law governing access.
D. At the time the application or renewal application is filed, the applicant shall pay a permit processing fee established by resolution of the city council.
E. Sidewalk vendors shall comply with all federal, state and local laws, including, but not limited to, any court or sentencing orders or restrictions.
F. Sidewalk vendors which engage in the sale of food items shall obtain all necessary permits, approvals and inspections from the county of Riverside environmental health or other agencies as deemed necessary.
G. Sidewalk vendors may only sell goods and food that are otherwise permitted in the city. Any item that is prohibited or conditionally permitted (i.e., alcohol) in any commercial or industrial zone shall also be prohibited from a sidewalk vendor. (Ord. 19-04 § 2 (part): Ord. 19-03 § 2 (part))
5.54.040 Review of permit application—Decision.
A. The community development director may deny an application for a permit if he or she makes any of the following findings:
1. The applicant has failed to pay the application permit fee or has any unpaid administrative fines, or other unpaid costs due to the city, related to violations of this chapter.
2. The applicant has made one or more material misstatements in the application.
3. The applicant fails to provide required information on the application form.
4. The applicant’s vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter or would otherwise be in violation of the San Jacinto Municipal Code, San Jacinto Development Code or other regulation established by the city.
5. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.
6. Proposed merchandise to be sold requires a conditional use permit or other city or state permit (excluding a county health permit for food services).
7. Proposed merchandise to be sold is prohibited in any commercial or industrial zone.
8. The applicant’s sidewalk vending permit has previously been revoked and the applicant is ineligible to apply for another permit.
9. The applicant does not meet the definition of a sidewalk vendor (i.e., utilizes a motorized vehicle or conveyance).
B. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.
C. If the community development director approves the applicant’s permit, he or she shall endorse his or her approval on the application and shall deliver the permit to the applicant.
D. Exemptions. A sidewalk vending permit shall not be required for the following activities:
1. The sale of agriculture products on the site where the product is grown.
2. Catering for private parties held exclusively on private property and not open to the general public.
3. Events permitted pursuant to a lawfully issued temporary or special event permit including but not limited to a certified farmers’ market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
E. Term of Permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit. The community development department shall establish procedure for renewal of the permit.
F. Transferability. 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. 19-04 § 2 (part): Ord. 19-03 § 2 (part))
5.54.050 Rules and regulations.
The city council may, by resolution, adopt rules and regulations governing sidewalk vending, which the city council may modify from time to time. Sidewalk vendors shall comply with all rules and regulations in effect at the time of their vending activities. (Ord. 19-04 § 2 (part): Ord. 19-03 § 2 (part))
5.54.060 Suspension and revocation.
A. The community development director may revoke a sidewalk vendor permit for any repeated violation of this chapter, or for any serious violation, including but not limited to:
1. Fraud or misrepresentation in the course of vending;
2. Fraud or misrepresentation in the application for the permit;
3. Vending in a manner that creates a public nuisance or constitutes a danger to the public;
4. Operating without a valid business license;
5. Engaging in any activity that constitutes an infraction, misdemeanor, or felony in the course of sidewalk vending.
B. The community development director may suspend a sidewalk vendor permit for any violation of this chapter or for any reason that is grounds for revocation.
C. Notice of the suspension or revocation of a sidewalk vendor permit shall either be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address or be personally delivered, which shall be effective upon delivery. It shall be the responsibility of the permittee to provide the community development department with the permittee’s current mailing address.
D. No person whose sidewalk vending permit has been revoked pursuant to this chapter shall be issued a sidewalk vending permit for a period of two years from the date revocation becomes final. (Ord. 19-04 § 2 (part): Ord. 19-03 § 2 (part))
5.54.070 Appeal process.
In the event that any applicant or permittee desires to appeal from any order denying, suspending or revoking a sidewalk vendor permit, the applicant or permittee shall have the right to appeal such action or decision in accordance with the procedures contained at Section 1.28.070. (Ord. 19-04 § 2 (part): Ord. 19-03 § 2 (part))
5.54.080 Compliance with all applicable state laws.
It is the intent of this chapter to regulate sidewalk street vendors in compliance with all provisions of the Safe Sidewalk Vending Act. It is also the intent of this provision for sidewalk vendors to comply with all applicable state and local laws. (Ord. 19-04 § 2 (part): Ord. 19-03 § 2 (part))
5.54.090 Penalties.
A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter. A violation of this chapter shall by punished by:
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 violation of vending without a sidewalk vending permit may, 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. If an individual is subject to subsection B of this section, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the city, the administrative fines set forth in this chapter shall be reduced to the administrative fines set forth in subsection A of this section, respectively.
D. The proceeds of any administrative fines assessed pursuant to this chapter shall be deposited in the treasury of the city.
E. Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law.
F. When assessing an administrative fine pursuant to this chapter, the adjudicator 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.
1. 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 percent (20%) of the administrative fine imposed pursuant to this chapter.
2. The city may 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.
G. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case. (Ord. 19-04 § 2 (part): Ord. 19-03 § 2 (part))