CHAPTER 12. SIDEWALK VENDORS

6-12.01 Purpose of Provisions.

The purpose of this chapter is to protect against unsafe conditions and health, safety or welfare concerns of the community that result from the operation of sidewalk vendors on public sidewalks or a pedestrian path. It is the intent of the City, in enacting this chapter, to provide those persons who operate as sidewalk vendors with clear, objective, and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the safety and welfare of the community, and to promote vendor accountability. (§6, Ord. 2198, eff. 10/18/19)

6-12.02 Definitions.

a. Emergency Facilities. Facilities providing immediate health, public safety and emergency services such as police stations, fire stations, ambulance services, hospitals, and facilities providing emergency medical care or emergency responder services, but excluding nonemergency services such as medical offices, nonemergency clinics, residential care facilities, skilled nursing facilities, and adult day care facilities.

b. Sidewalk Vendor. 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.

c. Roaming Sidewalk Vendor. A sidewalk vendor who moves from place to place and stops only to complete a transaction.

d. Stationary Sidewalk Vendor. A sidewalk vendor who vends from a fixed location.

e. Sidewalk or Pedestrian Path. All areas legally open to public use as public sidewalks and public pedestrian pathways.

f. Director. The Administrative Services Director of the City of Walnut Creek or his or her designee.

g. Concessionaire. The holder of an exclusive agreement with the City for the sale of food or merchandise in a City-owned park. (§6, Ord. 2198, eff. 10/18/19)

6-12.03 Sidewalk Vending Permit Required.

a. It shall be unlawful for any person to operate as a sidewalk vendor or to engage in sidewalk vending activities in the City without first obtaining a sidewalk vending permit pursuant to Section 6-12.04.

b. Each person engaged in such sidewalk vending shall be required to obtain a permit, regardless of whether other employees or agents of the same entity have obtained a permit. A sidewalk vending permit is not transferable or assignable from one vendor to another without official City approval.

c. To facilitate the enforcement of this chapter, all sidewalk vendors must display a City-issued sidewalk vending permit and other applicable health and safety permits on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance when operating in the public right-of-way.

d. Any person doing business who is a minor under the age of eighteen (18) years and whose gross receipts do not exceed one thousand dollars ($1,000.00) per calendar year shall be exempt from the requirements of this chapter. (§6, Ord. 2198, eff. 10/18/19)

6-12.04 Application Process; Application Information; Approval.

a. All persons required to obtain a permit pursuant to Section 6-12.03 shall register with the Director, or his or her designee, by completing a sworn registration form in writing, in duplicate on a form to be furnished by the Director, which shall set forth the following information:

1. The name and description of the permittee;

2. The current mailing address of the permittee;

3. Individual identification information for the permittee. Acceptable identification includes, but is not limited to, a driver's license number, California identification card number, an individual taxpayer identification number, or similar identification;

4. A description of the merchandise offered for sale or exchange;

5. Proof of insurance, as required by subsection (c) of this section;

6. Agreement by the permittee to indemnify and hold harmless the City, its officers and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant's operation location;

7. The permittee's valid California seller's permit number (California Department of Tax and Fee Administration sales tax number), if applicable;

8. If permittee is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;

9. The permittee agrees to comply with all the provisions of this chapter and all applicable provisions of the Walnut Creek Municipal Code, including Chapter 6 of Title 8 relating to business licenses, as well as any applicable State and Federal law, including but not limited to the Americans with Disabilities Act of 1990 and other disability access standards.

b. Sidewalk vendor permit applicants shall promptly notify the City of any material changes to the facts provided in the permit application subsequent to the issuance of a sidewalk vendor permit. Any false or misleading statements or information provided in a sidewalk vendor permit application, or any failure to comply with the requirements of this chapter, shall be grounds for denial of the application or revocation of the permit. Revocation of a sidewalk vendor permit shall be served in writing no less than thirty (30) days before revocation to the address listed on the initial application or to any subsequent address provided to the City by the permittee. Any applicant whose application for a sidewalk vendor permit is denied or whose permit is revoked may appeal such decision to the City Manager or designee by filing a written notice of appeal within ten (10) calendar days after receipt of the notice of denial or revocation. The City Manager or designee shall review and render a decision on the appeal within ninety (90) calendar days. The decision made by the City Manager or designee shall be final.

c. All sidewalk vendors shall obtain and maintain throughout the duration of any permit issued under this chapter personal injury and property damage insurance, as required by the City's Risk Manager, with a coverage amount to be determined by the Risk Manager according to the size and risk factors of the vendor's operations. (§6, Ord. 2198, eff. 10/18/19)

6-12.05 Conduct of Sidewalk Vendor on Sidewalks or Pedestrian Pathways.

a. To protect pedestrian safety, accommodate public street access including parking and traffic, sidewalk vending shall be prohibited:

1. In any area that blocks pedestrian or vehicle access, or obstructs traffic signals or regulatory signs.

2. In any area or public property that is not open to the public for sidewalk or pedestrian path purposes.

3. Within a sidewalk or pedestrian path less than eight (8) feet in width, exclusive of curb width, if applicable.

4. Within twenty-four (24) inches of the top of curb line of any sidewalk.

5. Within ten (10) feet of any area, structure, projects or facilities which existence requires an encroachment permit issued pursuant to Chapter 1 of Title 7, or operating under such a current and valid encroachment permit.

6. Within twenty-five (25) feet of any crosswalk or intersection, except within the Shadelands Business Park as defined in the General Plan, where the minimum standard shall be fifty (50) feet.

7. Within fifty (50) feet of an emergency facility, including the building perimeter and any driveway providing access thereto.

8. Within twenty-five (25) feet of any fire hydrant, fire call box, or utility cabinets or equipment.

9. Within ten (10) feet from the outer edge of the door or the entrance to an outdoor gated area, or the entrance or exits to any building or facility or parking lot, including but not limited to driveways, emergency exits, building entrances, parking lot entrances, and pedestrian access routes.

10. Within ten (10) feet from an outdoor dining area for a storefront or restaurant, including those subject to a current tables and chairs permit issued by the City during the operating hours of such permittee.

11. Within ten (10) feet of a bus bench, bus shelter, or street furniture including but not limited to trash receptacles, planters, benches, artwork, or other decorative installments.

12. Within twenty (20) feet from the exterior entrance or exit of a building used for assembly purposes that has an occupant load of greater than three hundred (300), as provided in Section 1029.2 of the California Building Code most currently in effect and as may be amended.

13. Within five hundred (500) feet of any public or private school grounds prior to 4:00 p.m. on any day when the school is in session.

14. Within fifty (50) feet of another sidewalk vendor.

15. On any portion of a sidewalk which has a painted curb for parking regulation purposes, including those designated as a loading zone, red or white zone, or within a bus zone.

16. On any median strip or dividing section.

17. Underneath a building fire escape or blocking the access route thereto on the street below.

The distance and location requirements under this section shall be measured from the edge of any of vendor's equipment, or the end of any customer lines that may form at the location where the vendor is doing business, whichever results in the largest buffer diameter.

b. Vendor Equipment. Sidewalk vendors shall not erect freestanding appurtenances adjacent to the vendor's person, cart, wagon, rack, or other conveyance for vending activities, including but not limited to freestanding signs, umbrellas, ice chests, chairs, tables or benches. Sidewalk vending equipment that is used for or associated with sidewalk vending activities shall not:

1. Attach to or make contact with any utility pole, street sign, bus stop, trash can, traffic pole or any other public structure.

2. Locate in such a way as to endanger the safety of persons or property or to cause a public or private nuisance, including but not limited to installing umbrellas, hanging wires, and other apparatus that create an obstacle for pedestrians, on the vendor's person, cart, wagon, rack, or other conveyance for vending activities, or using an open flame.

3. Remain left or maintained unattended in public spaces or in any portion of the public right-of-way. Any equipment or objects left in public spaces or in any portion of the public right-of-way unattended will be considered discarded and may be seized or disposed of by the City.

c. Accessibility. In order to maintain disability access and permit the flow of pedestrian traffic, every sidewalk vendor operating on any sidewalk or public right-of-way must leave an unobstructed space not less than four (4) feet in width, exclusive of the top of the curb, and shall not impede access to or the use of abutting property, including but not limited to residences and places of business. This requirement shall be measured from the edge of any of vendor's equipment, or the end of any customer lines that may form at the location where the vendor is doing business, whichever results in the largest buffer diameter.

d. Sanitation. All roaming and stationary sidewalk vendors shall comply with applicable and most current provisions of Contra Costa County health codes, regulations, and requirements for food safety. All roaming and stationary sidewalk vendors shall maintain a clean and trash-free ten (10) foot radius area from the vendor's cart, wagon, rack, or other conveyance during hours of operation and must leave the area clean at their close of business. Sidewalk vendors that sell food shall not empty their trash into public trash cans or disposals, and shall immediately clean up any food, grease or other fluid or item related to their sidewalk vending activities that are spilled or discharged on public property.

e. Noise. Sidewalk vendors shall comply with the noise standards provided in Article 2 of Chapter 6 of Title 4, as it is most currently in effect and as may be amended.

f. Compliance with Laws. Sidewalk vendors shall comply with all generally applicable Federal, State, and local laws.

g. Parks. A stationary sidewalk vendor is prohibited from operating in a public park owned or operated by the City if the City has entered into exclusive agreements for the sale of food or merchandise by one (1) or more concessionaires for that park. Vending within public parks or recreational facilities is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned areas, vending shall not take place on sand, dirt, grass, parking lots, or on any space which would obstruct, damage, or otherwise adversely affect the public's use and enjoyment of natural resources and recreational opportunities or contribute to an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.

h. Private Property. Sidewalk vendors are prohibited from entering or encroaching onto private property while engaged in sidewalk vending activities, unless pursuant to the property owner's consent or authorization. (§6, Ord. 2198, eff. 10/18/19)

6-12.06 Special Events and Venues.

Roaming and stationary sidewalk vendors are prohibited from operating within five hundred (500) feet of any area subject to a special events permit, including but not limited to farmers' markets, street fairs, and outdoor art shows and concerts, or for events subject to a temporary activity permit pursuant to Section 10-2.3.118, during the operating hours of such permitted activities and for the duration of such permits. (§6, Ord. 2198, eff. 10/18/19)

6-12.07 Violation—Penalty.

a. Every person vending without a sidewalk vending permit is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. Two hundred fifty dollars ($250.00) for a first violation; or

2. Five hundred dollars ($500.00) for a second violation within one (1) year of the first violation; or

3. One thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation.

4. Upon proof of a valid permit subsequently issued by the Director, the administrative fine in this subsection (a) will be reduced to the corresponding administrative fine in subsection (b) of this section.

b. Every person violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. One hundred dollars ($100.00) for a first violation; or

2. Two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; or

3. Five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

4. The Director may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter.

c. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the City may levy a lien on the violator's real or personal property, including the vehicle used for vending purposes.

d. An administrative violation constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter. (§6, Ord. 2198, eff. 10/18/19)

6-12.08 Violation—Responsibility.

The owners, managers or operators of any sidewalk vendor, if applicable, are responsible for the violation of any provision of this chapter by their agents or employees. (§6, Ord. 2198, eff. 10/18/19)

6-12.09 Violation—Determination Regarding Ability to Pay.

a. Any fine issued under Section 6-12.07 will be accompanied with a notice of and instruction regarding the right to request a determination on the ability to pay.

b. If the requestor is receiving public benefits under Government Code Section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five percent (125%), or less, than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Director shall limit the total amount of the requestor's administrative fine to twenty percent (20%) of the total.

c. The Director may, pursuant to this section, do any of the following:

1. Allow the person to complete community service in lieu of paying the administrative fine; or

2. Waive the administrative fine; or

3. Offer an alternative disposition. (§6, Ord. 2198, eff. 10/18/19)