Chapter 12.52
SIDEWALK VENDING
Sections:
12.52.030 Permit requirements.
12.52.040 Operating standards.
12.52.010 Purpose.
It is the purpose of this chapter to support entrepreneurship of vending in the public right-of-way, to encourage pedestrian activity, and to require safe and sustainable business operations that protect the community and are aligned with its values.
A. The city aspires to create a respectful environment between brick and mortar businesses and mobile vendors so each business model thrives and contributes to the local economy.
B. The city aims to inspire entrepreneurship and inclusiveness by allowing mobile food vendors to bring their goods to the community.
C. Mobile vendors increase access to desired goods, such as healthier food options and culturally significant food; and
D. Mobile vendors activate the right-of-way and contribute to a safe and dynamic public space.
E. Mobile vendors bring convenience, economic vitality and pedestrian activity and increased food access to a variety of locations in the city; and
F. The city will continue to require environmentally friendly business practices, including the use of reusable and compostable food service ware.
G. In 2021 the Blue Zones Project – Monterey County has expanded to include the city of Seaside. The city of Seaside is a supporter of the Blue Zones Project’s community well-being improvement initiatives, including increasing access to healthier food options through mobile food vendors. (Ord. 2010 § 1(B) (Exh. B), 2021)
12.52.020 Definitions.
“Mobile vending permit” means a type of permit issued to a food truck vendor or a sidewalk vendor.
“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Sidewalk vendor” means any 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 is permitted to operate as a roaming sidewalk vendor or stationary sidewalk vendor.
“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (Ord. 2010 § 1(B) (Exh. B), 2021)
12.52.030 Permit requirements.
Vendors are required to obtain permits in accordance with SMC 10.48.030 (Mobile Food Vending – Permit Requirements) and shall possess a valid California Department of Tax and Fee Administration seller’s permit. (Ord. 2010 § 1(B) (Exh. B), 2021)
12.52.040 Operating standards.
A. Operating Requirements.
1. Hours of Operation.
a. Commercial zones: Vendors are permitted to operate from dawn to dusk.
b. Residential zones: Roaming vendors are permitted to operate from ten a.m. to seven p.m.
c. Open space and recreation zones: Vendors are permitted to operate in parks from dawn to dusk or in compliance with posted hours.
Exception: The city prohibits stationary vendors from vending in parks where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
2. Vendors shall maintain a clear path of travel on the sidewalk (forty-eight inches minimum, thirty-six inches if restrictions exist caused by the right-of-way, natural barriers, or other existing site conditions cause an unreasonable hardship), pursuant to the Americans with Disabilities Act.
B. Waste and Litter Reduction.
1. Vendors shall comply with Chapters 8.60 (Environmentally Preferable Food Packaging) and 8.62 (Use of Single-Use Carryout Bags, Recycled Paper Bags, and Reusable Bags By Retail Establishments) SMC, including the following:
a. All vendors within the city utilizing disposable food service ware shall use certified compostable products, or recyclable nonplastic products. This includes but is not limited to plates, napkins, straws, cups, bottles, lids, utensils, bowls, stirrers, beverage plugs, trays and hinged or lidded containers. Nonplastic single-use products shall be allowed only if they are currently accepted for composting or recycling by the designated waste hauler.
b. All plastic straws, including PLA/bioplastic, are prohibited. Exceptions shall be made to the consumer self-identifying as needing a PLA/bioplastic or plastic straw, whereupon it should be provided to the consumer upon request.
c. Vendors shall not provide noncompostable single-use plastic bags, cartons, boxes, or containers at the point of sale to customers.
d. Single-use paper bags provided to customers shall contain a minimum of seventy-five percent post-consumer recycled fiber and must be recyclable or compostable.
e. Vendors shall pick up, remove and dispose of all garbage and/or materials dispensed from vending and any residue deposited on the street from the operation thereof prior to leaving a location where customers were served.
C. Additional Prohibitions.
1. Vendors shall not operate in an unsafe manner, including but not limited to impeding on- or off-site vehicle circulation and obstructing the view of pedestrians by motorists.
2. Vending shall not be permitted directly to persons in vehicles.
3. No sales or service of alcohol shall be permitted by mobile food vendors.
4. Littering and/or dumping is prohibited.
a. Water and wastewater shall not be discharged to the streets or storm drains.
5. Vendors shall be prohibited from amplifying music or audio.
D. Violations.
1. Violations are punishable only by the following:
a. An administrative fine not exceeding one hundred dollars for a first violation.
b. An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.
c. An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.
2. The proceeds of an administrative fine assessed shall be deposited in the city’s general fund.
3. Failure to pay an administrative fine shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial penalty shall not be assessed.
4. 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.
5. If the person meets the criteria described in California Government Code Title 8, Chapter 2, Section 68632(a) or (b), then city shall accept, in full satisfaction, twenty percent of the administrative fine imposed. (Ord. 2010 § 1(B) (Exh. B), 2021)