Chapter 5.82
SIDEWALK VENDING
Sections:
5.82.030 Sidewalk vending conduct.
5.82.040 Sidewalk vending permit application.
5.82.050 Sidewalk vending permit approval, conditions, denial, or revocation.
5.82.060 Sidewalk vending permit expiration and renewal.
5.82.070 Permit applicability.
5.82.080 Restricted vending times and locations.
5.82.090 Vending in city beaches and parks.
5.82.100 Mobile vending permit required.
5.82.110 Administrative citations.
5.82.140 Interpretation of chapter.
5.82.010 INTENT AND PURPOSE.
(a) The city council of the city of Santa Cruz declares that:
(1) If properly regulated, sidewalk vending can foster vibrant public spaces, promote a diverse and inclusive local economy, and create economic opportunities for low-income and immigrant communities.
(2) At the same time, inadequately regulated sidewalk vending has presented unintended negative consequences for the city. For example, sidewalk vending has caused or been associated with unsafe overcrowding; decreased accessibility for persons with disabilities; a lack of adequate access for first responder and emergency personnel; the monopolization of public spaces for private commercial use; traffic safety concerns for motorists, bicyclists, and pedestrians; diversion of pedestrians into bike lanes or vehicular lanes; parking congestion; accumulation of trash and pollution in public spaces; violent altercations arising from vending “turf wars”; foodborne illnesses; the sale of counterfeit goods; and a lack of sales tax being collected by sidewalk vendors.
(3) Because the city is densely populated by residents and visitors, its public spaces often become extremely crowded. Many of the city’s parks, beaches, the Wharf, Beach St. and the Beach St. Promenade, Pacific Avenue and its side streets, and pedestrian paths are heavily trafficked by the public, and heavy congestion in these places can be constant.
(4) Sidewalk vending must be regulated to address the concerns discussed above.
(b) The purpose of this chapter is, therefore, to promote the public peace, safety, health, and welfare by, among other outcomes, ensuring rapid access for first responder and emergency personnel; improving sidewalk accessibility for persons with disabilities; facilitating ingress into and egress from vehicles, rights-of-way, buildings, and public spaces; maximizing use and promoting maintenance of public rights-of-way, parks, beaches, and other public spaces; and reducing the city’s exposure to civil liability.
(c) The city desires to accomplish all of the foregoing public health, safety, and welfare policy objectives while simultaneously providing ample public access to desired goods, including culturally significant food and merchandise, and providing ample opportunity for underrepresented community members, including low-income and immigrant communities, to access the formal economy through entrepreneurial sidewalk vending.
(Ord. 2022-03, 2022).
5.82.020 DEFINITIONS.
For the purpose of this chapter, the following words and phrases are defined as follows:
(a) “City-demarcated vending and display zones” means those areas specifically set aside for sidewalk vending, operating vending display devices, operating other display devices, and/or conducting First Amendment activities. The city-demarcated vending and display zones on Pacific Avenue are marked on the sidewalk, and an up-to-date, accurate copy of the map of Pacific Avenue city-demarcated vending and display zones shall be posted on the city’s website. The city-demarcated vending and display zones on Pacific Avenue must permit a reasonable amount of sidewalk vending on Pacific Avenue, but also must limit vending on Pacific Avenue solely based on objective health, safety, or welfare concerns.
(b) “Director” means the director of the planning and community development department or their designee.
(c) “Farmers’ market” or “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.
(d) “Food” means raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, chewing gum and/or any other items defined as food by the California Retail Food Code.
(e) “Food sidewalk vendor” means any type of sidewalk vendor offering products defined as food.
(f) “Mobile vendor” means any person in charge of or driving any motorized mobile vending vehicle requiring a state driver’s license to operate, either as an agent, employee, or otherwise under the direction of the owner.
(g) “No vending or limited vending zone” means an area where sidewalk vending is prohibited or limited due to objective public health, safety, or welfare concerns. The city council may establish no vending or limited vending zones by resolution, as set forth in Section 5.82.080(c).
(h) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(i) “Sidewalk vending” means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food, goods, or merchandise on any public sidewalk, pedestrian path, park, or other public property, with or without the assistance of a vending display device, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing any such food, goods, or merchandise, even if characterized by the sidewalk vendor as a donation.
(j) “Sidewalk vending permit” means a permit or card issued by the city to a sidewalk vendor pursuant to Section 5.82.040.
(k) “Sidewalk vendor” means a person who sells food or merchandise from a vending display device or from one’s person, upon a public sidewalk, pedestrian path, park, or other public property. This term is inclusive of both roaming and stationary sidewalk vendors.
(l) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
(m) “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.
(n) “Temporary special permit” is any 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 pursuant to Chapter 15.34, a major public special event permit pursuant to Chapter 10.64, or any other type of city-issued temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.
(o) “Vending display device” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance (including trailers), freestanding table, rack, chair, box, stand, or any container, structure, or other object used or capable of being used for holding, selling, advertising, or displaying tangible things, together with any associated seating facilities. “Vending display device” does not include any street furniture such as benches or planters, any other structure permanently installed by the city of Santa Cruz or with the consent of the city of Santa Cruz, or newsracks placed in conformity with the provisions of this code regulating newsracks.
(p) “Enforcement official” means any person designated by the city manager to enforce this chapter and includes, but is not limited to: planning and community development department or parks and recreation department staff tasked with code enforcement or compliance, all Santa Cruz police department sworn personnel and community service officers, and/or any city-contracted code enforcement officer or specialist.
(Ord. 2023-04 § 1, 2023; Ord. 2022-03, 2022).
5.82.030 SIDEWALK VENDING CONDUCT.
(a) Sidewalk vendors shall comply with this section in order to prevent unreasonable pedestrian and vehicular traffic; improper disposal of trash; provide coastal access; assure that pedestrians (including pedestrians with disabilities) have adequate and accessible thoroughfares; minimize trip and fall hazards; address visibility concerns; prevent glare for drivers; and address other public health, safety, and welfare concerns:
(1) Vending display devices shall be at least eighteen inches in height. No person engaged in sidewalk vending may display or sell their wares on the ground, or on a cloth, tarp, or other similar material on the ground.
(2) No food sidewalk vendor may be accompanied by or in the custody or possession of a dog or any other animal. Merchandise sidewalk vendors may have one leashed animal.
(3) Except for the brief duration of time for a roaming sidewalk vendor to conduct sale, to maintain accessibility standards, sidewalk vendors shall not place or allow any obstruction to be placed on the sidewalk that would reduce the width of the sidewalk to a minimum of forty-eight inches, excluding the curb and excluding any sidewalk areas that are made nonpassable due to any obstructions such as posts, parking meters, street trees, planters, or signs that are located on the sidewalk. Sidewalk vendors shall maintain their vending display devices at all times in a manner that provides sufficient access to the sidewalk and avoids impeding the flow of pedestrian traffic. At no time may a sidewalk vendor operate in such a fashion that would violate the Americans with Disabilities Act or state law on accessibility, or cause the sidewalk to narrow in a fashion that violates the accessible path of travel for persons with disabilities, including persons who use wheelchairs or other mobility devices.
(4) Sidewalk vendors may not use easy-ups, tents, or similar shade structures unless their sidewalk vending permit specifically authorizes such use. Use of these types of structures may be requested in a sidewalk vending permit application. (See Section 5.82.050.) The size of a city-permitted shade structure or vending display device may vary depending on the location, but in no event may a sidewalk vendor’s total operational size (including any shade structure or vending display device) exceed the total operational size allowed in the city’s condition of use issued to the sidewalk vendor.
(5) Sidewalk vendors shall not vend to occupants of motorized vehicles in operation.
(6) Sidewalk vendors may not engage in vending in such a manner as to cause onlookers, customers, or others to obstruct the accessible path of travel for persons with disabilities, or the free flow or view of pedestrian or vehicular traffic.
(7) To maintain the free movement of pedestrians and/or vehicles, sidewalk vendors may not use signs in connection with the sale, display, or offering for sale of items, except for those signs affixed to or painted on a vending display device.
(8) Vendors may not use generators unless their sidewalk vending permit explicitly allows for generator use. Use of generators may be requested in a sidewalk vending permit application. (See Section 5.82.050.)
(9) Sidewalk vendors must provide a trash receptacle for customers and employ good faith efforts to ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations and/or the vendor’s customers within a fifteen-foot radius of the vending location. Sidewalk vendors are responsible for disposing of the trash associated with their business and may not use city receptacles for this purpose.
(10) Sidewalk vendors must properly dispose of fats, grease, and oil as required in Chapter 16.19.
(11) At all times while vending, food sidewalk vendors shall possess and display in plain view on the vending display device a valid permit from the county of Santa Cruz environmental health division.
(12) At all times while vending, sidewalk vendors shall possess and display in plain view on their person or on their vending display device a valid sidewalk vending permit issued to the person vending pursuant to Section 5.82.040. A properly permitted sidewalk vendor must remain on site for all vending activities.
(13) Sidewalk vendors shall be responsible for their own compliance with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances regulations; sanitation and health standards set forth in Titles 6 and 16 including, but not limited to, the product regulations set forth in Chapter 6.48 (Environmentally Acceptable Food Packaging), Chapter 6.49 (City of Santa Cruz Bag Reduction Ordinance), and Chapter 16.19 (Storm Water and Urban Runoff Pollution Control); and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
(14) Vending display devices 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 display device shall become a permanent fixture on the vending site or be considered an improvement to real property.
(15) Vending display devices shall not be left or stored unattended on public property or within the public right-of-way.
(16) Sidewalk vendors shall not vend or distribute: (A) live animals, wildlife, fish, fowl, or insects; (B) items prohibited from being sold or distributed by Chapter 6.48 (Environmentally Accepted Food Packaging) or Chapter 6.49 (City of Santa Cruz Bag Reduction Ordinance); or (C) items that are otherwise illegal to sell or distribute under other laws (such as unlawful narcotics, weapons, and counterfeit merchandise). Note that the unlawful possession or distribution of items is punishable according to the terms of applicable federal, state, or local law making such possession or distribution illegal. See Section 5.82.140(c).
(17) Sidewalk vendors shall not use sidewalks or public property as storage for extra inventory, merchandise, or personal belongings, except for: (A) vending display devices, items placed on or in vending display devices, and associated seating; and (B) personal belongings wholly contained underneath or inside of a vending display device.
(18) No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, or merchandise.
(19) Sidewalk vendors shall not unreasonably interfere with access or use of city infrastructure, including city benches, bike racks, wheelchair access ramps, stairs, parking meters, trash receptacles, or recycling receptacles.
(20) Sidewalk vendors shall not block access to or create unreasonable congestion at: (A) a corner of any street intersection; (B) any fire hydrant, fire call box, emergency exit, or other emergency facility; (C) any curb which is designated as white, yellow, green, blue, or red zone, or a bus zone; (D) any building entrance or stairway access point; (E) any driveway or driveway apron; (F) upon or within any roadway, median strip, or dividing section; or (G) at any parking pay station. Vending or operating in a way that violates the accessible path of travel for persons with disabilities is per se unreasonable.
(21) Trailers are not permitted on the sidewalk pursuant to California Vehicle Code Section 22500(f). Violation of this rule is punishable in accordance with the terms of the California Vehicle Code.
(22) Sidewalk vendors shall not operate or vend in a way that violates the terms or conditions of their sidewalk vending permit or parks vending permit (if applicable).
(b) The city manager or their designee may promulgate regulations governing sidewalk vending to effectuate the provisions of this chapter and to address objective health, safety and welfare concerns. A violation of such regulations shall constitute a separate violation of this chapter.
(Ord. 2023-04 § 2, 2023; Ord. 2022-03, 2022).
5.82.040 SIDEWALK VENDING PERMIT APPLICATION.
(a) No person may engage in sidewalk vending in the city without first obtaining: (1) a sidewalk vending permit issued pursuant to this section; (2) a business license issued pursuant to Chapter 5.04; and (3) if applicable, a parks vending permit, issued pursuant to Section 5.82.090.
(b) To apply for a sidewalk vending permit, the sidewalk vendor applicant must file an application with the planning and community development department, accompanied by an 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 the following:
(1) The legal name and current address, telephone number, and email address of the applicant, who must be a natural person (i.e., an individual human being and not a corporation, firm, partnership, etc.);
(2) If sidewalk vending as a representative of a firm, association, or partnership, the name and address thereof and the names and residences of partners or association members. If sidewalk vending as a representative of a corporation, the name and address thereof and the names and residences of officers and a local manager;
(3) A description of the sidewalk vendor’s total operational size;
(4) A description of the food or merchandise offered for sale;
(5) A description of, along with the dimensions of, the vending display device that will be used;
(6) The hours per day and the days per week during which the applicant sidewalk vendor proposes to operate;
(7) A description of the area(s) where the applicant sidewalk vendor wishes to operate;
(8) Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
(9) A sidewalk vendor applicant must provide a copy of a valid business license issued pursuant to Chapter 5.04 prior to issuance of a sidewalk vending permit. Each separate concurrently operating vending location requires its own business license and sidewalk vending permit;
(10) A copy of a valid California seller’s permit pursuant to Revenue and Taxation Code Section 6067;
(11) A copy of the applicant’s California driver’s license, California identification card, U.S. Passport, individual taxpayer identification number, federal identification number, or other identification number or card issued by a foreign government;
(12) Certification by the applicant, under penalty of perjury, that the information contained in the application is true to their knowledge and belief;
(13) If a food sidewalk vendor, proof of all required approval(s) from the county of Santa Cruz environmental health division and copies of any applicable discharge permits;
(14) An acknowledgement of having read and an agreement to abide by this chapter (Sidewalk Vending), Chapters 6.48 (Environmentally Acceptable Food Packaging), 6.49 (City of Santa Cruz Bag Reduction Ordinance), and 16.19 (Storm Water and Urban Runoff Pollution Control); and
(15) The following release, indemnification, and acknowledgement requirements:
(A) An agreement by the applicant to waive and release the city and its officers, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgments (including attorneys’ fees and court costs) related to or arising out of the applicant’s sidewalk vending activities.
(B) An agreement by the applicant to, to the greatest extent allowed by law, defend, indemnify, and hold harmless the city, its officers, agents, employees, contractors, and volunteers from and against any and all claims related to or arising out of the applicant’s sidewalk vending activities.
(C) An acknowledgement and agreement that the applicant’s use of the sidewalk or other city facilities is at the applicant’s own risk, and it is not the city’s responsibility to ensure that the vending location is safe or conducive to the vending activities.
(Ord. 2023-04 § 3, 2023; Ord. 2022-03, 2022).
5.82.050 SIDEWALK VENDING PERMIT APPROVAL, CONDITIONS, DENIAL, OR REVOCATION.
(a) The director or their designee shall approve the issuance of the sidewalk vending permit unless they determine that:
(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail; or
(2) The proposed operations contained in the application are contrary to the provisions of this chapter, or are contrary to any regulations promulgated pursuant to Section 5.82.030(b); or
(3) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; or
(4) The applicant has failed to demonstrate an ability to conform to the operating standards set forth in this chapter or any standards set forth in regulations promulgated pursuant to Section 5.82.030(b); or
(5) The applicant has failed to pay or otherwise resolve any previous administrative citations associated with a previous violation of this chapter; or
(6) The location of the proposed vending operations has already been approved for another use (including potentially other vending operations) at the time the applicant proposes to vend at the subject location; or
(7) The proposed vending operations are illegal, and/or the city’s approval of a sidewalk vending permit would be contrary to legal requirements applicable to the city.
(b) If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.
(c) The director or their designee may add reasonable sidewalk vending permit conditions, regulating the time, place, and manner of sidewalk vending. Such conditions must be (1) consistent with this chapter and any regulations promulgated pursuant to Section 5.82.030(b), and (2) directly related to objective public health, safety, or welfare concerns, or directly related to legal requirements applicable to the city. A violation of the sidewalk vending permit conditions is considered a violation of this chapter.
(d) Use of a shade structure may be requested in a sidewalk vending permit application and park’s vending permit application, and such request will be granted if: (1) there is adequate space for the shade structure at the proposed vending location (including any space needed for pedestrians (including disabled pedestrians), vehicles, and bicyclists); (2) use of the shade structure at the proposed location would not adversely impact or put at risk public health, safety, or welfare; and (3) use of the shade structure at the proposed location would not be contrary to legal requirements applicable to the city.
(e) Use of a generator may be requested in a sidewalk vending permit application, and such request will be granted if the proposed generator use: (1) will not create unreasonable noise, trip and fall hazards, or other adverse risks or impacts to public health, safety, or welfare; (2) is not otherwise illegal or contrary to legal requirements applicable to the city; and (3) is approved by all appropriate regulating entities, such as the Monterey Bay Air Resources District (MBARD), if those appropriate regulating entities require generator use approval.
(f) The director or their designee may revoke a sidewalk vending permit for a fourth or subsequent violation of this chapter. A sidewalk vendor whose permit is revoked may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit.
(g) Any person whose application for a sidewalk vending permit is denied, revoked, or conditioned in a way that the applicant believes is not in accordance with applicable legal requirements may appeal such decision to the city manager by filing a written notice of appeal with the city manager or their designee within ten calendar days after receipt of the notice of denial, conditions, or revocation. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4. If the appeal is successful, the hearing officer will order the city to return the fee paid for appeal.
(Ord. 2023-04 § 4, 2023; Ord. 2022-03, 2022).
5.82.060 SIDEWALK VENDING PERMIT EXPIRATION AND RENEWAL.
A sidewalk vending permit shall expire on September 30th of each calendar year, irrespective of whether a twelve-month period has elapsed since the original issuance of the permit. A city sidewalk vending permit shall also be deemed null and void upon the revocation or expiration of: (a) the related city-issued business license, (b) a required permit from the Santa Cruz County department of environmental health, and/or (c) the California seller’s permit pursuant to Revenue and Taxation Code Section 6067.
(Ord. 2023-04 § 5, 2023; Ord. 2022-03, 2022).
5.82.070 PERMIT APPLICABILITY.
(a) A sidewalk vending permit shall only permit the operation of one vending display device at any one time.
(b) No permit granted pursuant to this chapter shall be transferable.
(Ord. 2022-03, 2022).
5.82.080 RESTRICTED VENDING TIMES AND LOCATIONS.
(a) Unless specifically permitted by another provision of this municipal code, to ensure rapid access by first responder and emergency personnel; to improve sidewalk accessibility for persons with disabilities; to facilitate ingress into and egress from vehicles, rights-of-way, buildings, and public spaces; to maximize use and promote maintenance of public rights-of-way, parks, the beach, and other public spaces; to help preserve and protect sensitive habitats, community landmarks, natural and scenic areas and the Monterey Bay National Marine Sanctuary; and to reduce the city’s exposure to civil liability, stationary sidewalk vending is not permitted in the following limited areas:
(1) Year round, in areas on Pacific Avenue that are outside of the city-demarcated vending and display zones;
(2) Year round, in any city park or beach where the city has entered into an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire;
(3) Within five hundred feet of a permitted certified farmer’s market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmer’s market or swap meet, or the limited duration of the temporary special permit;
(4) Year round, in areas that are zoned exclusively residential, including within residentially zoned parks; and
(5) Year round, within the city’s open space, natural, and scenic areas, which includes Arana Gulch, Pogonip, Moore Creek, the San Lorenzo Riverwalk, and the West Cliff Drive pedestrian/bike path.
(b) For the same reasons identified in subsection (a), both stationary and roaming sidewalk vending shall not be permitted in the following limited areas:
(1) From April 1st until October 31st, on the streets and sidewalks of Beach Street between the Municipal Wharf and Third Street;
(2) Year round, on the vehicle and pedestrian thoroughfares of the Santa Cruz Municipal Wharf;
(3) Year round, on that portion of Main Beach over which the city has an easement for recreation and beach purposes only pursuant to a 1933 superior court judgment quieting title to the Seaside Company, which mandates “that no peddling, soliciting or bartering shall be permitted thereon”;
(4) Year round, on the Beach Street Promenade Deck; and
(5) Year round, on a bike path, a street (including within on-street parking spaces), within a driveway, or in a public parking lot.
(c) The city council, by resolution, may from time to time designate no vending or limited vending zones due to objective health, safety, or welfare concerns. In designating a no vending or limited vending zone, the city council shall first determine that vending without limitation in the area would impede or interfere with public health, safety, or welfare.
(d) This section shall not be construed as prohibiting events that are conducted pursuant to, and in accordance with, Chapters 10.64, Major Public Special Events, and 10.65, Public Gathering and Expression Events.
(Ord. 2022-03, 2022).
5.82.090 VENDING IN CITY BEACHES AND PARKS.
(a) An additional parks vending permit is required for sidewalk vendors who wish to operate in a city park, beach, or other facility within the jurisdiction of the parks and recreation department, including that portion of the Beach Street sidewalk operated by the parks and recreation department, between the Municipal Wharf and Third Street. No person may vend in a city park, city beach, or facility within the jurisdiction of the parks and recreation department without first obtaining a parks vending permit.
(b) The director of parks and recreation, or their designee, may refuse to grant a parks vending permit if:
(1) The sidewalk vendor does not yet have a sidewalk vending permit; or
(2) If granting the parks vending permit would negatively impact objective health, safety, or welfare concerns; or
(3) If denial is necessary to ensure the public’s use and enjoyment of natural resources or recreational opportunities; or
(4) If denial of the permit is necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park or beach; or
(5) If the location of the proposed vending operations has already been approved for another use (including potentially other vending operations) at the time the applicant proposes to vend at the subject location; or
(6) If the vending operations are illegal, or the city’s approval of the permit would be contrary to legal requirements imposed on the city.
(c) If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.
(d) The director of parks and recreation, or their designee, may attach conditions to a parks vending permit. All conditions must be: (1) directly related to objective health, safety, welfare concerns, or directly related to legal requirements imposed on the city; or (2) necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; or (3) necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(e) Any person aggrieved by a decision of the parks and recreation department to issue, deny issuance, condition, or rescind a parks vending permit may appeal the decision to the city manager or their designee within ten calendar days after receipt of the notice of denial, conditions, or revocation. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4. If the appeal is successful, the hearing officer shall order the city to return the fee paid for appeal.
(Ord. 2022-03, 2022).
5.82.100 MOBILE VENDING PERMIT REQUIRED.
All mobile vendors require a mobile vending permit, issued pursuant to Chapter 5.22.
(Ord. 2022-03, 2022).
5.82.110 ADMINISTRATIVE CITATIONS.
(a) Unless otherwise provided, a violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to Title 4, 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.
(b) Unless otherwise provided, a person engaged in sidewalk vending without a valid city sidewalk vending permit (and/or a parks vending permit, if applicable) shall be issued an administrative citation pursuant to Title 4 in amounts not to exceed the following, in lieu of the amounts set forth in subsection (a):
(1) Two hundred and 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.
(c) A person issued an administrative citation pursuant to subsection (b), upon submitting proof of a valid sidewalk vending permit issued by the city (and/or a parks vending permit, if applicable) within ten calendar days of the date a citation is issued, may have the amount of their citation reduced to amounts set forth in subsection (a).
(d) Unless otherwise provided, a violation of this chapter 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.
(e) If an individual violates this chapter and is issued an administrative citation, that person is required to come into reasonably prompt compliance with this chapter. If a cited individual continues to operate unlawfully and/or fails to come into reasonably prompt compliance with this chapter, the individual may be issued a subsequent administrative citation on the same day, so long as at least one hour has passed between each administrative citation.
(f) In order to facilitate the administration of this chapter, city enforcement staff is authorized to ask sidewalk vendors who are reasonably believed to be vending in violation of this chapter for their identification card, or other identifying information, and said individuals are required to provide such information to the requesting enforcement staff.
(g) A person who is issued an administrative citation(s) may appeal their administrative citation(s), within ten calendar days of issuance. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4. If the appeal is successful, the hearing officer shall order the city to return the fee paid for appeal.
(h) The city shall also provide a person who receives a citation with notice of their 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 any time before the assessed fine is paid, including while a judgment remains unpaid, when a case is delinquent, or when a fine has been referred to a comprehensive collection program. There shall be no charge for an ability-to-pay determination.
(i) 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 of the fee assessed for an administrative citation imposed pursuant to this chapter.
(j) The city may develop processes or regulations that would (1) allow for a person to complete community service in lieu of paying the total administrative fine; (2) provide for waivers of the administrative fine; or (3) provide for the offering of alternative dispositions.
(k) Administrative citations issued under this section shall include the following notice: “You have a right to appeal this citation within ten calendar days. If you do not appeal, you waive your right to appeal. You also have the right to request an ability-to-pay determination at any time before the assessed fine has been paid.”
(l) Failure to pay the assessed fine 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 for failure to pay an administrative citation fine.
(m) No person shall willfully interfere with or obstruct any city code enforcement officer, CSO, or police officer in their enforcement of the provisions of this chapter. Willful (1) failure to properly identify oneself done for the purpose of attempting to evade an administrative citation, and/or (2) interference with or obstruction of an impoundment authorized pursuant to Section 5.82.120, shall constitute unlawful interference or obstruction under this subsection. Violation of this subsection is a misdemeanor.
(Ord. 2022-03, 2022).
5.82.120 IMPOUNDMENT.
(a) The city may impound vending display devices, food, goods, and/or merchandise that:
(1) Reasonably appear to be abandoned on public property; or
(2) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) operates in violation of this chapter; and (B) refuses or fails to provide identification, as required by Section 5.82.110(f); and (C) refuses to remove their vending display device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a city enforcement official; or
(3) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) does not possess a valid applicable sidewalk vending permit (and/or, if applicable, a valid applicable parks vending permit); and (B) also refuses to remove their vending display device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a city enforcement official; or
(4) Is (A) creating an imminent and substantial safety or environmental hazard by the location of the vending display device or the nature of the goods being offered for sale, and (B) refuses to remove their vending display device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a city enforcement official; or
(5) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who has, within a twenty-four-month period, been issued four or more administrative citations for violations of this chapter.
(b) The city may immediately dispose of impounded materials that are perishable or cannot be safely stored.
(c) An aggrieved vendor may, within ten days, appeal the impoundment of their property by requesting an administrative hearing before a hearing officer appointed by the city under Title 4, and if successful in their appeal, may have their property returned without paying an impound fee. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4. Any appeal fee paid by the sidewalk vendor shall be returned to the sidewalk vendor if they are successful on appeal.
(d) An individual may recover impounded materials upon paying applicable impound fees and demonstrating proper proof of ownership.
(e) The city council may by resolution adopt impound fees, which shall reflect the city’s enforcement, investigation, storage, and impound costs.
(f) Any unclaimed items will be considered abandoned and forfeited to the city after ninety days following impoundment.
(Ord. 2023-04 § 6, 2023; Ord. 2022-03, 2022).
5.82.130 NONAPPLICABILITY.
The restrictions in this chapter do not apply to individuals or groups engaged solely in artistic performance, free speech, political or petitioning activities, or engaged solely in the free distribution of items constituting expressive activity protected by the First Amendment, such as newspapers, leaflets, and pamphlets.
(Ord. 2022-03, 2022).
5.82.140 INTERPRETATION OF CHAPTER.
(a) Unless otherwise stated, the rules set forth in this chapter shall apply citywide.
(b) Nothing in this chapter shall be interpreted as prohibiting properly licensed mobile vendors from operating in accordance with the terms of their mobile vending permit issued pursuant to Chapter 5.22.
(c) Nothing in this chapter is intended to preempt or replace federal, state, or local criminal or civil law on issues that are not wholly related to or arising from sidewalk vending (e.g., issues such as the sale of narcotics, copyright/trademark infringement, laws addressing unlawful dumping and littering, etc.).
(d) If any subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter, and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional.
(e) Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
(f) In enacting and implementing this chapter, the city is assuming an undertaking to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Ord. 2022-03, 2022).