CITY COUNCIL
AGENDA
Study Session
Wednesday, November 9, 2022
3:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
MAYOR
Ernesto Gutierrez
CITY COUNCIL MEMBERS
Mayor Pro Tem
Rita Lamb
Councilmember
Mark Carnevale
Councilmember
Nancy Ross
Councilmember
Raymond Gregory
• CALL TO ORDER
• ROLL CALL
• AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.
1. PUBLIC COMMENT
This is the opport unity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements ma de or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. Public Comment will be limited to three (3) minutes.
2. STUDY SESSION
Normally no action is taken on Study Session items, however, the City Council reserves the right to give specific policy direction and take specific action as Cathedral City P a g e 2
necessary. Presentation will be limited to 10 minutes unless other provisions are made in advance.
A. Presentation - The Living Desert - What is New at the Zoo Recommendation: This is a presentation only. There is no formal action required.
B. Presentation - Veterans Village of Cathedral City
Recommendation: This is a presentation only. There is no formal action required.
C. Cathedral City Senior Center Update
Recommendation: This is a presentation only. There is no formal action required.
D. Sidewalk Vendor Ordinance
Recommendation: This item is presented for information, discussion and direction only.
3. CLOSED SESSION
ADJOURN
NOTES TO THE PUBLIC:
The City of Cathedral City complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Cle rk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.
If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon at the appropriate time.
Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 68 -700 Avenida Lalo Guerrero during n ormal business hours. In addition, such documents will be posted on the City’s website at www.cathedralcity.gov.
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Staff Report
City Council
Item No. 2.A
Meeting Date: November 9, 2022
From: Tracey Hermosillo, City Clerk
Title: Presentation - The Living Desert - What is New at the Zoo
City Council
RECOMMENDATION:
This is a presentation only. There is no formal action required.
DISCUSSION:
Allen Monroe, President/CEO, The Living Desert, will present What is New at the Zoo.
FISCAL IMPACT:
There is no fiscal impact with this item.
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Staff Report
City Council
Item No. 2.B
Meeting Date: November 9, 2022
From: Tracey Hermosillo, City Clerk
Title: Presentation - Veterans Village of Cathedral City
City Council
RECOMMENDATION:
This is a presentation only. There is no formal action required.
DISCUSSION:
Dr. Laura Otis -Miles and Ron Stark will present on Veterans Village of Cathedral City and Supportive Services and their plan to expand their services to veterans throughout the Coachella Valley.
FISCAL IMPACT:
There is no fiscal impact with this item.
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Staff Report
City Council
Item No. 2.C
Meeting Date: November 9, 2022
From: Tracey Hermosillo, City Clerk
Title: Cathedral City Senior Center Update
City Council
RECOMMENDATION:
This is a presentation only. There is no formal action required.
DISCUSSION:
Geoff Corbin, President and CEO of the Cathedral City Senior Center, will provide an update on the Senior Center and their activities.
FISCAL IMPACT:
There is no fiscal impact with this item.
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Staff Report
City Council
Item No. 2.D
Meeting Date: November 9, 2022
From: Sandra Molina, Code Compliance/Development Manager Title: Sidewalk Vendor Ordinance
City Council
RECOMMENDATION:
This item is presented for information, discussion and direction only.
BACKGROUND:
As part of the 2022 Council Goals, Council requested that Code Compliance develop and implement a strategy to manage unpermitted street/sidewalk vendor activity.
Senate Bill (SB) 946, also known as the Safe Sidewalk Vending Act, was approved in 2018, making sidewalk vending in California legal, and prohibiting a local authority from regulating sidewalk vendors, except in accordance with the provisions of the Bill.
However, by local ordinance, a city may adopt additional requi rements regulating the time, place, and manner if the requirements are directly related to objective health, safety or welfare concerns.
DISCUSSION:
The City has seen an increase in sidewalk vendors (primarily food vendors) over the last year. In our int eractions with vendors, we have found most vendors do not have a City permit, do not have the required food handler permit issued by the Riverside County Department of Public Health and do not carry identification. Therefore, it has been difficult to addre ss community and health concerns and has limited staff’s enforcement options in requesting the vendor leave the area, only to find the vendor has returned later in the day or the next day.
The draft ordinance is crafted to establish a street vendor permit program that complies with SB 946 and also addresses the City’s ability to address unlicensed vendors. It has recently come to light that just a few weeks ago SB 972 was signed into law by Governor Newsom. At first read, it does not appear that the attach ed draft Ordinance conflicts with SB 972. However, Staff and the City Attorney’s office will continue review of SB 972 to confirm initial determinations, particularly as it relates to the confiscation of perishable products from unlicensed vendors, and if needed, revisions will be made prior to the City Council considering the ordinance for first reading.
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For discussion purposes, a draft of the ordinance that would regulate stationary and roaming food vendors is attached.
The draft ordinance would establi sh a City street vendor permit program that includes regulations to address the imminent danger to health and safety an unlicensed food vendor presents to the public and would allow Code Compliance Officers to seize and/or dispose of foods, goods and merch andise of an unlicensed vendor. Under the ordinance, perishable food or products could be seized at the first encounter and non - perishable goods at the second encounter. The ordinance would also allow removal of any cart creating an imminent safety hazard or is in a prohibited area. Again, this provision will be reviewed in light of SB 972.
The ordinance would also establish operational requirements including that vendors must display their permit, operate only on public sidewalks and during approved hou rs, maintain a clean and litter free area, and provide a trash receptable. Stationary vendors would be prohibited in residential areas and vending would be prohibited in the center median of any street.
State law prohibits cities from imposing criminal in fractions or misdemeanors for violations of the ordinance. Therefore, the ordinance establishes a scheme for the imposition of fines based on whether the vendor is licensed or unlicensed.
The City currently has a peddler permit program regulating mobile vendors such as ice cream trucks and carts. Therefore, Chapter 5.48 (Peddlers) of the Municipal Code would also need to be amended for consistency with the draft sidewalk vendor ordinance. Under the draft ordinance, many peddler permittees would transition to the new sidewalk vendor permit program.
FISCAL IMPACT:
None
ATTACHMENTS:
Draft Sidewalk Vendor Ordinance
Draft/Redline Chapter 5.48 Peddlers
SB 946
SB-972 California Retail Food Code_
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL
CITY, CALIFORNIA, ADDING CHAPTER 5.98 "SIDEWALK
VENDORS" TO TITLE 5 OF THE CATHEDRAL CITY
MUNICIPAL CODE REGULATING SIDEWALK VENDORS IN
COMPLIANCE WITH SENATE BILL 946
WHEREAS, Senate Bill 946 was approved by the Governor in September, 2018, prohibiting a local authority from regulating sidewalk vendors, except in accordance with the provisions of the Bill; and
WHEREAS, Senate Bill 946 authorizes the City Council to ado pt by ordinance additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety or welfare concerns; and WHEREAS, Senate Bill 946 went into effect January 1, 2019; and WHEREAS, the City Council desires to establish a sidewalk vending program that will benefit the City as a whole by facilitating entrepreneurship and providing economic opportunity for people to support themselves and their families; and WHEREAS, the establishment of a sidewalk vending program under the authority provided in Senate Bill 946, shall ensure protection of the health, safety, and welfare of City residents, businesses and visitors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS:
SECTION 1. ADDITION OF CHAPTER 5.98 TO TITLE 5 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Chapter 5.98 "Sidewalk vendors" is hereby added to Title 5 of the Cathedral City Municipal Code to read as set forth in the attached Exhibit A.
SECTION 2. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by r eason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
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Attachment: Draft Sidewalk Vendor Ordinance (3475 : Sidewalk Vendor Ordinance)
SECTION 3. CEQA
The adoption of this ordinance is exempt from review under t he California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines which allows an exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect o n the environment, Section 15308 regarding actions taken by an agency pursuant to state law, and Section 15378 because “project” under CEQA does not include organizational or administrative activities of government that will not result in direct or indirec t physical changes in the environment.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading and adoption by the City Council.
SECTION 5. POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entere d in the Book of Ordinances of this City.
SECTION 6. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the ____ day of _____________, 2022, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
______________________________
Ernesto Gutierrez, Mayor
ATTEST:
____________________________
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Attachment: Draft Sidewalk Vendor Ordinance (3475 : Sidewalk Vendor Ordinance)
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
_________________________________
Eric S. Vail, City Attorney
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Attachment: Draft Sidewalk Vendor Ordinance (3475 : Sidewalk Vendor Ordinance)
EXHIBIT A
TITLE 5
Chapter 5.98
"Sidewalk vendors"
5.98.010 – Purpose.
The purpose of this chapter is to establish a sidewalk vending progra m within the jurisdictional boundaries of the city while maintaining regulations that are directly related to the objective health, safety, and welfare of the city.
5.98.020 – Definitions.
The following definitions apply to this chapter:
A. “Cart” means any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and includes a stationary cart or a mobile cart.
B. “Director” means the director of the city’s planning department.
C. “Enforcement officer” means any city code enforcement officer or other employee authorized by the city to enforce the provisions of the city’s municipal code.
D. “Food” means any type of edible substance or beverage.
E. “Goods” or “merchandise” means any item that is not food.
F. “Health d epartment” means the Riverside County Department of Environmental Health.
G. “License” means a business license issued pursuant to chapter 3.28 of the City of Cathedral City Municipal Code.
H. “Mobile cart” means a pushcart, pedal -driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor.
I. “Permit” means a permit issued to a sidewalk vendor in accordance with this chapter.
J. “Person” or “persons” means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock compa nies, partnerships, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether
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Attachment: Draft Sidewalk Vendor Ordinance (3475 : Sidewalk Vendor Ordinance)
engaged in business, nonprofit or any other activity.
K. “Roaming s idewalk vendor” has the same meaning as set forth in Government Code section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.
L. “Rules and regulations” means the rules and regulations established by the director concerning the sidewalk vending program that is intended to clarify and aid in the administration and enforcement of this chapter.
M. “Sidewalk” means any surface in the public right of way provided for the use of pedestrians.
N. “Sidewalk vending program” means the program established by this chapter that is applicable to sidewalk vending-related activities.
O. “Sidewalk vendor” has the same meaning as set forth in Government Code section 51036(a), and includes a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or fro m one’s person, upon a public sidewalk or other pedestrian path.
P. “Stationary cart” means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, that is intended to be operated from a fixed location by a stationary sidewalk vendor instead of being moved from place to place, where stops are limited to completing a transaction.
Q. “Stationary sidewalk vendor” has the same meaning as set forth in Government Code section 51036(c), and includes a sidewalk vend or who vends from a fixed location.
R. “Vehicle” means a motorized vehicle as defined in Vehicle Code section 670.
5.98.030 – Administration.
The director is authorized to develop, and enforce, the rules and regulations regarding the permitting and operation of sidewalk vending, in accordance with this chapter.
5.98.040 – Licenses required.
No sidewalk vendor may operate anywhere within the city without first obtaining a business license pursuant to chapter 3.28. Sidewalk vendors must comply with the terms and conditions set forth in the business license.
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Attachment: Draft Sidewalk Vendor Ordinance (3475 : Sidewalk Vendor Ordinance)
5.98.050 – Permits required.
No person may vend from a public sidewalk anywhere within the city without first obtaining a sidewalk vending permit.
5.98.060 – Application requirements.
A. To obtain a sidewalk vending permit, a sidewalk vendor must provide the following as part of their application:
i. Valid identification, such as a State of California identification, or any other government-issued identification card;
ii. The name, address and telephone number of the sidewalk vendor; iii. Proposed hours of operation;
iv. Proposed location of operation;
v. Whether the sidewalk vendor intends to operate a stationary cart or a mobile cart;
vi. Description of the type of merchandise or food offered for sale or exchange; vii. A photograph of the vending cart;
viii. Proof of a valid license;
ix. Proof of liability insurance;
x. An application fee as set forth by resolution of the city council; xi. A valid California Department of Tax and Fee Administration seller’s permit and additional licenses from state or local agencies to the extent required by law;
xii. Proof of completion of a food handler course and a copy of the course completion certificate, if applicable;
xiii. A permit from the health department for food-related vending, if applicable; and
xiv. A declaration that the sidewalk vendor shall comply with all applicable federal, state and local laws;
xv. A declaration that t he information provided to the c ity is true and correct; and
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Attachment: Draft Sidewalk Vendor Ordinance (3475 : Sidewalk Vendor Ordinance)
xvi. Any other information, including operations related information, as may be required by the rules and regulations.
B. Permits will expire one year after the date of issuance.
C. Permits are not transferable.
5.98.070 – Renewal.
A. To renew a sidewalk vending permit, a sidewalk vendor must provide all the information as set forth in section 5.98.060.
B. A person whose license or permit is revoked may not renew their license or permit for one year.
5.98.080 – Denial, revocation, or suspension of permits.
A. In addition to any other reason provided for in this chapter, a permit may be denied, suspended or revoked when it has been determined that the sidewalk vendor:
i. Has violated the applicable provisions of this chapter for the fourth time; ii. Has knowingly made a false statement of fact in an application for such permit; or
iii. Has payment of any administrative fine that remains outstanding.
B. From the time of the revocation or suspension of a sidewalk vendor permit granted under the provisions of this chapter, it is unlawful for any person whose permit has been suspended or revoked to operate within c ity jurisdictional boundaries until a new permit has been procured or the period of suspension has expired. It is also unlawful for any person to operate within the c ity during the period of time that a permit has been revoked, terminated or suspended.
5.98.090 – Appeal hearings.
The ri ghts of appeal provided for in section 13.150.210 of chapter 13.150 are available to an applicant in the event that his or her permit has been denied, revoked or suspended based on the provisions of this chapter.
5.98.100 – Operational requirements.
A. A sidewalk vendor must obtain and prominently display all required permits.
B. A sidewalk vendor must operate upon a public sidewalk or other pedestrian path.
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Attachment: Draft Sidewalk Vendor Ordinance (3475 : Sidewalk Vendor Ordinance)
C. A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.
D. A cart must operat e according to its approved hours of operations. The director may impose reasonable hours of operation for sidewalk vendors. For sidewalk vending in nonresidential areas, the director may limit the hours of operation in a manner consistent with other bus inesses or uses on the same street(s) in those nonresidential areas.
E. No “cart,” condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor’s stated closing time.
F. A sidewalk vendor must maintain a clean and trash -free 10 -foot radius from a stationary cart during hours of operation and must leave the area clean by the approved closing time.
G. Sidewalk vendors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer tra sh. The trash receptacle must be large enough to accommodate customer trash.
5.98.110 – Vending Prohibitions.
A. No stationary cart may be used to vend within a residential zoned area. However, a sidewalk vendor may use a mobile cart within a residential zone, and must move continuously except when necessary to complete a sale.
B. Sidewalk vending is prohibited in the center median of any street.
C. A sidewalk vendor shall not solicit or conduct business with persons in motor vehicles.
D. Sidewalk vendors must not operate in a public parking lot occupying a designated parking space with makings to indicate where authorized parking is permitted.
5.98.120 – Prohibitions on placement of stationary or mobile carts.
A. No sidewalk vendor may place or leave any cart in a manner that obstructs vehicular or pedestrian traffic, or the visibility of such, and includes the following:
i. Within 20 feet of a marked crosswalk;
ii. Within 20 feet of the curb return of an unmarked crosswalk; iii. Within 20 feet of any fire hydrant, fire-call box or other emergency facility, as defined in the rules and regulations;
iv. Within 20 feet of a driveway or driveway apron;
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Attachment: Draft Sidewalk Vendor Ordinance (3475 : Sidewalk Vendor Ordinance)
v. Within 18 inches from the edge of the curb;
vi. Within 25 feet of a transit stop;
vii. Within 50 feet of another sidewalk vendor;
viii. Within 50 feet of a public or private school;
ix. Where placement impedes the flow of vehicular traffic such as on public streets or public highways; and
x. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than 4 feet, or impedes access to or the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).
B. No cart may be chained or fastened to any pole, sign, t ree, or other object in the public right -of-way or left unattended, unless as permitted by the rules and regulations.
C. Notwithstanding any specific prohibitions in this section, no sidewalk vendor may install, use or maintain a cart where placement endangers the safety of persons or property.
5.98.130 – Sidewalk vending related to parks, special events, or locations that are subject to special permits.
A. No sidewalk vending is allowed within 300 feet of a permitted event during the duration or operating hours of such an event. Permitted events include certified farmers’ markets, swap meets, and any event that requires 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 use permits.
B. No stationary sidewalk vendors may vend in any park subject to a signed exclusive concessionaire’s agreement.
C. The c ity may by resolution adopt additional requirements consistent with Government Code section 51038(b)(2)(B) for city -owned or operated parks, effective after signs are posted giving notice of such additional requirements.
5.98.140 – Fines.
Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows:
A. For vending without a valid license or permit:
i. An administrative fine of $250 for a first violation.
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Attachment: Draft Sidewalk Vendor Ordinance (3475 : Sidewalk Vendor Ordinance)
ii. An administrative fine of $500 for a second violation within one year of the first violation.
iii. An administrative fine of $1,000 for a third violation and each subsequent violation, within one year of the first violation.
iv. Upon proof of a valid permit issued by the city before such fines are due, the city will reduce the amount of the fines to $100 for the first violation, $200 for the second violation, and $500 for each violation thereafter.
B. For all violations of this chapter other than vending without a valid license or permit as outlined in subsection A above:
i. An administrative fine of $100 for a first violation. ii. An administrative fine of $200 for a second violation within one year of the first violation.
iii. An administrative fine of $500 for a third violation within one year of the first violation.
iv. An administration fine of $500 for a fourth and each subsequent violation and revocation of the license or permit.
C. The c ity will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.
D. Fines assessed pursuant this section may be reduced to 20 percent of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Government Code section 51038(f).
E. Fines collected under this sect ion will be deposited with the c ity’s treasury for general use.
5.98.150 – Removal and/or seizure of cart, food, goods or merchandise, or vending equipment, which creates an imminent danger.
A. An enforcement officer may request a sidewalk vendor to remove any cart if the cart is creating an imminent safety hazard or is placed within a prohibited area as set forth in this chapter. If the sidewalk vendor refuses to remove the cart, or if the cart has been abandoned, the enforcement officer may remove and/or seize the cart. The city may dispose of the cart in accordance with the City’s Municipal Code and/or the law, after providing at least 30 days’ notice of redemption to the address associated with the cart, if any.
B. An enforcement officer may also immediately seize and /or dispose of any other food, goods, merchandise, or vending equipment, which creates an imminent
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Attachment: Draft Sidewalk Vendor Ordinance (3475 : Sidewalk Vendor Ordinance)
danger to the health, safety or welfare of the public, in accordance with applicable law and as follows:
i. For perishable food products from permitted or unpermitted sidewalk vendors, upon first encounter.
ii. For non -perishable goods, merchandise, or vending equipment, from unpermitted sidewalk vendors, upon a second encounter.
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Attachment: Draft Sidewalk Vendor Ordinance (3475 : Sidewalk Vendor Ordinance) Chapter 5.48 PEDDLERS
• 5.48.010 Definitions.
• 5.48.020 Applicability of chapter.
• 5.48.030 Peddler permit required.
• 5.48.040 Permit procedures.
• 5.48.050 Investigation and permit issuance.
• 5.48.060 Denial of permit—Appeal.
• 5.48.070 Conditions of permit.
• 5.48.080 Permit term—Nontransferable.
• 5.48.090 Operating standards for motor vehicle-based or mobile unit-based peddlers. • 5.48.100 Hours of operation.
• 5.48.110 Noise requirements.
• 5.48.120 Adherence to posted signs—Refusal to leave prohibited. • 5.48.130 Special use permits.
• 5.48.140 Permittee responsibility.
• 5.48.150 Revocation of permit.
• 5.48.160 Appeal of revocation.
• 5.48.170 Impounding of motor vehicles and mobile units. • 5.48.180 Public nuisance.
• 5.48.190 Infraction violation.
• 5.48.200 Civil fines.
• 5.48.210 Administrative citation.
• 5.48.220 Administrative fine.
• 5.48.230 Modifications, suspension and/or revocation of validly issued permit and/or license.
• 5.48.240 Additional penalties.
5.48.010 Definitions.
Words and phrases not specifically defined in this section shall be construed according to the context and approved usage of the language. As used in this chapter:
“Authority” means the city manager or his/her designee. “Mobile unit” means any vehicle, truck, trailer, cart, pushcart, wagon, bicycle, dray, or conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles. “Motor vehicle” means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles. “Peddler,” for purposes of this chapter, means and includes any person who travels by foot from door to door, house to house, place to place or street to street, carrying, or transporting food, goods, wares, merchandise or other personal property of any nature whatever, offering or exposing the same for sale or making sales and delivering articles to purchasers, or who without
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance) traveling from place to place sells or offers the same for sale from any vehicle or from any place not a permanent store building. “Peddler” shall also include any person who, without traveling from place to place, sells or offers to sell or takes or attempts to take orders for the same for sale from a motor vehicle or mobile unit. means any person traveling by foot, motor vehicle, mobile unit or any other type of conveyance from place to place selling or taking orders for or offering to sell or take orders for goods, wares, merchandise and foods for present or future delivery or for services to be performed immediately or in the future whether or not such person possesses, carries or exposes a sample of such goods, wares, merchandise and foods and whether or not such person is collecting advance payments on such sales. “Peddler” shall also include any person who, without traveling from place to place, sells or offers to sell or takes or attempts to take orders for the same for sale from a motor vehicle or mobile unit. “Peddling” means the act of being a peddler.
“Permittee” means the holder of a peddler permit. (Ord. 611 § 3, 2005)
5.48.020 Applicability of chapter.
A. There shall be exempted from the prohibitions of this chapter the activities of peddlers selling and soliciting sales of newspapers, magazines, periodicals, news publications or other printed matter from sidewalks abutting on public streets, except that no such peddler shall sell or offer for sale any newspaper, magazine, periodical, news publication or other printed matter while upon the roadway of any street or to passing motorists unless from a location adjacent to a clear, twenty-foot zone of curbside where private motor vehicles may legally stop for the loading and unloading of passengers or in a place or manner which would not unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic.
B. Peddlers shall be exempt from the provisions of this chapter when participating in an event subject and pursuant to a special events permit, street closure permit, or any other permit specifically authorizing such activity, issued by the city.
C. Persons engaged in garage or yard sales on private property shall be exempt from the provisions of this chapter.
D. The provisions of this chapter do not apply to sidewalk vendors as defined in chapter
5.98 of this code or wholesale salespersons who sell to established places of business.
E. None of the fees provided for by this chapter shall be applied so as to occasion an undue burden upon interstate commerce. In any case where a fee is believed by a peddler to place an undue burden on interstate commerce, he or she may apply to the authority prior to or within six months following payment of the fee for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. The applicant shall, by affidavit and supporting evidence, show his or her method of business and the gross volume or estimated gross volume of business, and other information as required by the authority to determine the
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance) extent of the burden on interstate commerce. The decision of the authority may be appealed to the administrative hearing officer as provided in Section 5.48.180. (Ord. 611 § 3, 2005)
5.48.030 Peddler permit required.
A. It is unlawful for a person to engage in the business or activities of a peddler within the city except pursuant to and in strict compliance with a valid permit issued by the authority as provided in this chapter.
B. It is unlawful for any peddler permittee to allow any person who does not also have a peddler permit to work for, under the direction of, on behalf of, or as an agent of the permittee.
C. Every permittee must obtain a permit for each business if more than one business is being conducted. It is unlawful for a permittee to engage in any business not designated on the permit or to engage in any business for an employer not designated on the permit, unless and until the permittee obtains another permit for that business or employer.
D. The requirements for a permit under this chapter shall be in addition to the requirements of Chapter 3.28 of this code relating to business licenses. (Ord. 611 § 3, 2005)
5.48.040 Permit procedures.
A. Every application for a peddler permit under this chapter shall be made on a form provided by the authority and shall contain the following information:
1. Name, date of birth, California driver’s license or state identification card number, mailing address, and telephone number of applicant.
2. The name under which the peddler business or activity will be conducted, the address and telephone number of such business, and the name of the business owner.
3. The name, date of birth and address of each employee who will be engaged in the business or activity of peddler for the applicant, if any.
4. A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant’s peddling business or activity.
5. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of any motor vehicle or mobile unit to be used in the applicant’s business or activities, including the model, year and vehicle license number for each motor vehicle or mobile unit to be used in the applicant’s business or activities. A dimensional drawing shall be included indicating the size of the vending equipment and any mobile unit to be used in the applicant’s business or activities.
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance)
6. Plans for the collection, storage and disposal of litter which may result from the applicant’s business or activities.
7. Location where the applicant intends to park or store any motor vehicle or mobile unit to be used in the applicant’s business or activities.
8. A statement of the permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether the applicant has operated under any other business name in the city or has ever had any similar license or permit revoked or suspended or has been convicted of a violation of this chapter, and if so, the circumstances of such suspension, revocation or conviction.
9. A statement as to whether or not the applicant has been convicted of any criminal offenses, whether felony or misdemeanor, other than minor traffic violations during the three year period immediately preceding the submittal of the application. As to any such offenses, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed must be provided.
10. The applicant’s consent to a fingerprint check by the chief of police or his or her designee.
B. At the time the application is filed with the authority, the applicant shall present a California driver’s license or other photographic identification issued by a state of the United States, or a United States federal agency or any other forms of identification acceptable to the city that establishes the applicant’s age as eighteen or older.
C. At the time the application is filed with the authority, the applicant shall submit to being photographed and thumb-printed by the city for the identification badge which will be issued to the applicant upon permit approval.
D. At the time the application is filed with the authority, the applicant shall pay a fee sufficient to cover the cost to the city of processing the application. The amount of the fee shall be set by resolution of the city council. Legitimate, active nonprofit organizations may be exempt from the payment of the permit fee if the city council so provides for an exemption in the fee resolution. (Ord. 611 § 3, 2005)
5.48.050 Investigation and permit issuance.
The authority shall grant the peddler permit within fifteen days after receiving the completed application if he or she finds that all of the following requirements have been met:
A. The required fees have been paid.
B. The application conforms in all respects to the provisions of this chapter.
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance) C. The applicant has not made a material misrepresentation of fact in the application.
D. The applicant has not had a similar permit or license denied or revoked by the city within one year prior to the date of the application.
E. The applicant is not required to register in California as a sex offender.
F. The applicant has not been convicted, during the three year period immediately preceding the issuance of the permit, of any offenses involving moral turpitude or dishonesty, including but not limited to:
1. Burglary;
2. Robbery;
3. Theft;
4. Fraud or misrepresentation;
5. Receiving, possession or sale of stolen goods;
6. Any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code in conjunction with, or while conducting, peddler business or activity;
7. Any offense involving crimes of violence against any person including, but not limited to, rape, abduction, sexual assault and seduction; or
8. Any offense involving indecent exposure.
G. The applicant has obtained any other applicable city or county permits, including any city or county health permit, required for the preparation and sale of food products.
H. The applicant has obtained a valid city business license and paid the appropriate business license fee. (Ord. 611 § 3, 2005)
5.48.060 Denial of permit—Appeal.
A. If the authority finds that any of the requirements of Section 5.48.050 have not been met, he or she shall deny the application for the peddler permit.
B. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance) registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application.
C. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the city signed or unsigned.
D. The decision of the authority to deny issuance of a peddler permit pursuant to this chapter may be appealed to the administrative hearing officer pursuant to the procedures set forth at Chapter 13.150, Permit and License Suspension, Modification and Revocation, of this code. (Ord. 611 § 3, 2005)
5.48.070 Conditions of permit.
A. 1. Each peddler permit issued by the authority shall be subject to the terms and conditions set forth in this chapter and any additional conditions deemed reasonably necessary by the authority for the protection of the public health, safety or welfare.
2. Any permit issued to a peddler business or activity which the city deems to be attractive to children and which operates a motor vehicle or mobile unit shall be conditioned so as to require a plainly visible sign attached to such vehicle or mobile unit which states “CAUTION CHILDREN.” The sign shall have yellow letters which are at least eight inches high on a white background and shall be located at the rear and front of the vehicle.
B. The provisions of this chapter shall constitute operating regulations conditioning each and every permit hereunder. It is unlawful for any permittee to engage in peddler business or activity in violation of these provisions.
C. Notwithstanding anything in this chapter to the contrary, no permittee shall operate or conduct his or her business or activity in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic in or on any street, alley, or sidewalk, or which would unreasonably obstruct vehicular sight distances.
D. The following conditions and regulations shall also apply to the exercises of the privileges granted by permits issued under the provisions of this chapter in addition to those set forth in other parts of this chapter or elsewhere in this code:
1. Every permittee must be in possession of the permit at all times when engaged in the business so permitted within the city. The permittee must produce and show the permit on the demand of any person solicited or of any public safety officer or official of the city. No permittee shall alter, remove or obliterate any entry made upon such permit or deface such permit in any
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance) way. Each permit shall be personal and not assignable and shall not be used by any person other than the permittee.
2. Every permittee shall be issued an identification badge upon issuance of the permit.
Each permittee shall, at all times while so engaged, wear the identification badge in plain on the person’s outermost garment, with the picture facing outward. The permittee must produce and show the identification badge on the demand of any person solicited or of any public safety officer or official of the city. No permittee shall alter, remove or obliterate any entry made upon such badge or deface such badge in any way. Each identification badge shall be personal and not assignable and shall not be used by any person other than the permittee.
3. Every permittee, upon the request of any public safety officer or official of the city, shall sign his or her name for comparison with the signature upon the permit or the signature upon the permit application.
4. Every peddler who solicits orders for future delivery shall, if requested by the customer, provide a receipt plainly stating the quantity of each article or commodity ordered, the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery.
5. Every peddler shall, if requested by the customer, provide his/her name, business address and telephone number and the name, business address and telephone number of the person, organization, or entity on whose behalf solicitation is being made. (Ord. 611 § 3, 2005)
5.48.080 Permit term—Nontransferable.
A. Any peddler permit issued pursuant to this chapter shall be valid for a period of one year from the date of issuance unless an earlier expiration date is noted on the permit.
B. A peddler permit issued pursuant to this chapter is not transferable. (Ord. 611 § 3, 2005)
5.48.090 Operating standards for motor vehicle-based or mobile unit-based peddlers.
A. It is unlawful for any motor vehicle-based or mobile unit-based peddler to:
1. Permit any motor vehicle or mobile unit from which his or her business is being conducted to remain standing or stopped, for purposes of conducting such business at the request of a customer, at any place on a public street, sidewalk, parking lot, right-of-way, or other public place, or within five hundred feet thereof, for a total period of time exceeding ten minutes within any two hour period.
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance)
2. Permit any motor vehicle or mobile unit from which his or her business is being conducted to stand or park when the posted speed limit on the public street, alley or highway is thirty-five miles per hour or greater.
3. Make any stop, for the purpose of making or soliciting any sale upon any public street, sidewalk, right-of-way, or other public place, within five hundred feet, measured along the traveled way of any public street or streets, of any school property or of any governmental building or facility.
4. Conduct his or her business or activity from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle which is nearest to the curb of such street.
5. Conduct his or her business or activity from a motor vehicle or mobile unit within two hundred feet of another motor vehicle-based or mobile unit peddler who has already stopped to conduct business.
6. No permittee shall stand or park or engage in the conduct of business when:
a. Any part of the motor vehicle or mobile unit other than the side of the vehicle or unit next to the right side of the street, alley or highway is open to prospective customers; b. The motor vehicle or mobile unit is not stopped, parked or standing on the extreme right of the street, alley or highway;
c. The prospective customer is located on or in that portion of the street, alley or highway which is open to vehicular traffic;
d. The prospective customer is in a standing vehicle, or sitting in or operating another vehicle;
e. The motor vehicle or mobile unit is stopped, standing or parked in violation of any other provision of this code, or the California Vehicle Code; f. The position or location of the motor vehicle or mobile unit interferes with the free passage of any vehicular or pedestrian traffic.
7. Mobile units being used in peddler business or activity shall have a gross weight of less than five thousand pounds.
8. No individual who drives or operates a mobile unit shall do any of the following:
a. Allow any minors to ride in or on the vehicle while it is in operation; b. Allow more than two individuals to be in or on the vehicle while it is in operation;
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance) c. Attempt to back up the mobile unit to make a sale.
9. All motor vehicles and mobile units being used in peddler business or activity shall be equipped with trash receptacles large enough to contain all refuse generated by the operation of such motor vehicle or mobile unit.
10. Except as authorized by the city council, no permittee may operate a business from a fixed location in or on any public street, sidewalk, public parking lot, right-of-way, or other public property unless permitted in accordance with this chapter.
B. Every permittee required to obtain a health department tag for a motor vehicle or mobile unit used for the conduct of business shall obtain and affix the tag prior to use of such vehicle or mobile unit. (Ord. 611 § 3, 2005)
5.48.100 Hours of operation.
It is unlawful and a public nuisance for any permittee to engage in peddler business or activity prior to nine a.m. or after eight p.m. during all days of the week unless the permit issued is otherwise conditioned. (Ord. 611 § 3, 2005)
5.48.110 Noise requirements.
It is unlawful and a public nuisance for any permittee to use record players, tapes, radios or other continuous noise making devices such as bells, chimes, gongs, whistles, sirens or other similar noise making devices while conducting business. (Ord. 611 § 3, 2005)
5.48.120 Adherence to posted signs—Refusal to leave prohibited.
A. It is unlawful and a public nuisance for any permittee to ring the bell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, dwelling, apartment, or other private property or public place within the city whereon there is printed or affixed or otherwise displayed to public view any sign containing any or all of the following prohibitions: “No Peddlers,” “No Solicitors,” or “No Agents,” or which otherwise purports to prohibit peddling or soliciting on such premises; provided that this prohibition shall not apply when a permittee has an appointment with an occupant(s) of such building.
B. It is unlawful and a public nuisance for any permittee to conduct the business for which he, she or it is permitted within the area defined in the downtown precise plan unless a special use permit is granted by the authority.
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance) C. It is unlawful and a public nuisance for any permittee to refuse to leave any residence, dwelling, apartment, or other private property or public place within the city when requested by the owner, occupant, resident, manager, or other person in control thereof. (Ord. 611 § 3, 2005)
5.48.130 Special use permits.
A. Permittees may request in writing to the authority that a special use permit be issued to allow motor vehicles and mobile units operated by the permittee to stop for longer periods of time than permitted under this chapter.
B. A special use permit for the operation and use of mobile units in the downtown precise plan area may only be granted upon compliance with the following design guidelines. The downtown staff review committee will review and have approval authority on all mobile unit locations and design issues and shall impose any other requirement that it deems necessary to promote the aesthetics of the downtown.
1. Mobile units shall be of an aesthetic design and color(s) in keeping with adjacent properties or structures.
2. Signs (if any) shall be attached to the mobile unit and shall not exceed a total of twelve square feet in area (including canopy, awning, and umbrella signs, etc., but not including small menu signs). No sign shall exceed a maximum size of six square feet. The size of signs shall be in scale with the size and mass of the mobile unit.
C. When a special use permit is approved by the authority, the conditions of approval of the special use permit may take into consideration the regulations and standards of this chapter.
However, the special use permit may supersede said regulations and standards at the discretion of the authority.
D. Special use permits may be granted for a period as specified in the zoning ordinance.
Subsequent special use permits shall be required to submit a new application and related fees. (Ord. 611 § 3, 2005)
5.48.140 Permittee responsibility.
The act or omission of any permittee’s partner, owner, associate, director, manager, officer, agent or employee shall be deemed for all purposes under this chapter to be the act or omission of the permittee. (Ord. 611 § 3, 2005)
5.48.150 Revocation of permit.
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance) A. Any peddler permit may be revoked by the authority for good cause shown including, but not limited to, any of the following reasons:
1. Falsification of any information supplied by the permittee upon which issuance of the permit was based;
2. Failure of the permittee or any employee(s) or agent(s) of the permittee to comply with the regulations set forth in this chapter;
3. Permittee’s conviction, at any time, of any offense involving moral turpitude or dishonesty including, but not limited to, any of the following:
a. Burglary,
b. Robbery,
c. Theft,
d. Fraud or misrepresentation,
e. Receiving, possession or sale of stolen goods,
f. Any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code in conjunction with, or while conducting, peddler business or activity, g. Any offense involving crimes of violence against any person, including, but not limited to, rape, abduction, sexual assault and seduction, or
h. Any offense involving indecent exposure.
B. The authority shall follow the procedures for revocation set forth at Chapter 13.150 Permit and License Suspension, Modification and Revocation, of this code. (Ord. 611 § 3, 2005)
5.48.160 Appeal of revocation.
The decision of the authority to revoke a permit issued pursuant to this chapter is subject to judicial review as described in Section 13.150.210 of Chapter 13.150, Permit and License Suspension, Modification and Revocation, of this code. (Ord. 611 § 3, 2005)
5.48.170 Impounding of motor vehicles and mobile units.
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance) A motor vehicle or mobile unit may be impounded and stored by a police officer, or by any other persons authorized to enforce this chapter pursuant to this code, in the course of an arrest of the operator for a violation of this code when the motor vehicle or mobile unit is to be used as evidence of the violation. (Ord. 611 § 3, 2005)
5.48.180 Public nuisance.
A violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5.48.130(B ) of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of Title 13 of the municipal code including, but not limited to, the imposition of any and all administrative fines and the provisions of any other applicable regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the city, the state or any other legal entity or agency having jurisdiction. (Ord. 611 § 3, 2005)
5.48.190 Infraction violation.
A violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5.48.130(B ) of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation which shall be subject to the provisions set forth in Chapter 13.65 of the municipal code including, but not limited to, the imposition of any and all criminal penalties set forth therein. (Ord. 611 § 3, 2005)
5.48.200 Civil fines.
Any person convicted of an infraction shall, for each are violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars. (Ord. 611 § 3, 2005)
5.48.210 Administrative citation.
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance) In lieu of issuing an infraction citation, the city may issue an administrative citation pursuant to Chapter 13.58 of the municipal code to any person responsible for committing, causing or maintaining a violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5.48.130(B ) of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. (Ord. 611 § 3, 2005)
5.48.220 Administrative fine.
Any person issued an administrative citation for violating Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5.48.130(B ) of this chapter shall for each separate violation be subject to: (a) an administrative fine in an amount not to exceed one hundred dollars for the first citation; (b) an administrative fine in an amount not to exceed two hundred fifty dollars for a second citation issued for the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed five hundred dollars for a third and any subsequent citation issued for the same offense within a twelve-month period of the date of the first offense. (Ord. 611 § 3, 2005)
5.48.230 Modifications, suspension and/or revocation of validly issued permit and/or license.
A violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5.48.130(B ) of this chapter by the holder of any city permit and/or city license validly pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 13.150 of the municipal code.
5.48.240 Additional penalties.
Nothing in this chapter shall preclude the city from pursuing the remedies provided by the municipal code such as those remedies set forth in Chapter 13.140 including, but not limited to, denial or revocation of certificates of occupancy, issuance of a stop work orders and injunctive relief. (Ord. 611 § 3, 2005)
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Attachment: Draft/Redline Chapter 5.48 Peddlers (3475 : Sidewalk Vendor Ordinance) 11/1/22, 2:23 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 1/6 SHARE THIS:
Date Published: 09/17/2018 09:00 PM
SB-946 Sidewalk vendors. (2017-2018)
Senate Bill No. 946
CHAPTER 459
An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors.
[ Approved by Governor September 17, 2018. Filed with Secretary of State September 17, 2018. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 946, Lara. Sidewalk vendors.
Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street.
This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county.
The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority.
The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize 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, as specified, to petition for dismissal of the sentence, fine, or conviction.
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Attachment: SB 946 (3475 : Sidewalk Vendor Ordinance)
11/1/22, 2:23 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 2/6 Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the following:
(1) Sidewalk vending provides important entrepreneurship and economic development opportunities to low- income and immigrant communities.
(2) Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise. (3) Sidewalk vending contributes to a safe and dynamic public space. (4) The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.
(5) The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.
(6) This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk.
(b) It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities.
SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read:
CHAPTER 6.2. Sidewalk Vendors
51036. For purposes of this chapter, the following definitions apply:
(a) “Sidewalk vendor” 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.
(b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (d) “Local authority” means a chartered or general law city, county, or city and county. 51037. (a) A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039.
(b) Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food. (c) Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter.
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Attachment: SB 946 (3475 : Sidewalk Vendor Ordinance)
11/1/22, 2:23 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 3/6 51038. (a) A local authority may adopt a program to regulate sidewalk vendors in compliance with this section. (b) A local authority’s sidewalk vending program shall comply with all of the following standards:
(1) A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of- way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2) (A) A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. (B) Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:
(i) Directly related to objective health, safety, or welfare concerns. (ii) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(iii) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(3) A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise. (4) (A) A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B) Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors. (5) A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, unless the restriction is directly related to objective health, safety, or welfare concerns.
(c) A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:
(1) Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2) Requirements to maintain sanitary conditions.
(3) Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (4) Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that 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 licensure program or comply with a state law or state or federal court order. (5) Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit.
(6) Requiring additional licenses from other state or local agencies to the extent required by law. (7) Requiring compliance with other generally applicable laws.
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Attachment: SB 946 (3475 : Sidewalk Vendor Ordinance)
11/1/22, 2:23 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 4/6 (8) Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following:
(A) The name and current mailing address of the sidewalk vendor. (B) A description of the merchandise offered for sale or exchange. (C) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(D) The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
(E) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(d) Notwithstanding subdivision (b), a local authority may do both of the following:
(1) Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. 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. A “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.
(2) Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority 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, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e) For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
51039. (a) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A) An administrative fine not exceeding one hundred dollars ($100) for a first violation. (B) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
(C) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(2) A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
(3) (A) If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. (ii) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
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Attachment: SB 946 (3475 : Sidewalk Vendor Ordinance)
11/1/22, 2:23 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 5/6 (iii) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.
(B) Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. (b) The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.
(c) Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.
(d) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2) Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed.
(e) A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f) (1) When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority 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.
(2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3) The local authority 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) (1) 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 the act that added this section had that act 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. (2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.
(3) Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).
(4) If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.
(5) Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.
(6) Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.
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Attachment: SB 946 (3475 : Sidewalk Vendor Ordinance)
11/1/22, 2:23 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 6/6 SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identification number, individual taxpayer identification number, or municipal identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be confidential, except as provided in this act.
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Attachment: SB 946 (3475 : Sidewalk Vendor Ordinance)
11/2/22, 2:49 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 1/8 SHARE THIS:
Date Published: 09/26/2022 02:00 PM
SB-972 California Retail Food Code. (2021-2022)
Senate Bill No. 972
CHAPTER 489
An act to amend Sections 113818, 113831, and 113868 of, and to add Chapter 11.7 (commencing with Section 114368) to Part 7 of Division 104 of, the Health and Safety Code, relating to retail food. [ Approved by Governor September 23, 2022. Filed with Secretary of State September 23, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 972, Gonzalez. California Retail Food Code.
(1) Existing law, the California Retail Food Code (the code), establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law, for purposes of the code, defines a “cottage food operation” as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than 1 full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged. Existing law provides for the regulation of microenterprise home kitchen operations and limits those operations to not serving more than 30 individual meals per day and not more than 60 individual meals per week and to no more than $50,000 in verifiable gross annual sales, as adjusted for inflation. Existing law authorizes the local enforcement agency to decrease the limit on the number of individual meals prepared based on the food preparation capacity of the operation.
This bill would authorize a cottage food operation or microenterprise home kitchen operation to serve as a commissary or mobile support unit for up to 2 compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile food operation and the storage and cleaning of the compact mobile food operation. The bill would authorize nonpotentially hazardous foods prepared in a cottage food operation to be served from a compact mobile food operation. The bill would define “compact mobile food operation” as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. The bill would require compact food operations to conduct only limited food preparation. (2) The code defines “limited food preparation” as food preparation that is restricted to specified activities, including dispensing or portioning of nonpotentially hazardous food, slicing and chopping of food on a heated cooking surface during the cooking process, and holding, portioning, and dispensing foods that are prepared at a satellite food service or catering operation.
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Attachment: SB-972 California Retail Food Code_ (3475 : Sidewalk Vendor Ordinance) 11/2/22, 2:49 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 2/8 This bill would include in the definition of “limited food preparation” dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing, slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility, hot and cold holding of food previously prepared at an approved permanent food facility, and reheating of food that has been previously prepared at an approved permanent food facility and held at the approved temperatures.
(3) The code defines “mobile food facility” and regulates what types of food may be provided at a mobile food facility. The code requires mobile food facilities to meet specified health and safety standards, including access to warewashing sinks, restrooms, and handwashing facilities and required quantities of potable water.
This bill would require a compact mobile food operation to meet the applicable requirements of mobile food facilities, except as specified. The bill would exempt a compact mobile food operation that has 25 square feet or less of display area and sells only prepackaged, nonpotentially hazardous foods or whole uncooked produce from the code, except as specified. The bill would authorize a compact mobile food operation to display or sell food outdoors, if certain conditions are met, including, among other things, overhead protection provided above all food display areas. The bill would require a compact mobile food operation that engages in the preparation of raw meat, raw poultry, or raw fish to meet additional specified requirements. The bill would authorize the enforcement agency to preapprove a standard plan for a standardized or mass-produced facility intended to serve as a compact mobile food operation and would authorize a compact mobile food operation to use that standardized or mass-produced facility after a final inspection, but without submitting plans for the individual unit.
The bill would authorize the enforcement agency to collect a fee for the final inspection. (4) Existing law requires commissaries and other approved facilities servicing mobile support units, mobile food facilities, and vending machines to meet specified standards.
This bill would authorize an enforcement agency to approve a facility with nonconforming structural conditions if those conditions do not pose a public health hazard. The bill would also require an enforcement agency to approve the storage of a compact mobile food facility in a permitted permanent food facility if, after initial inspection, the agency determines that the compact mobile food facility is protected from contamination. The bill would authorize the enforcement agency to charge a fee to administer these provisions. (5) The code requires a food facility to have a valid permit to be open for business and authorizes the local enforcement agency to charge a fee for the permit or registration or related services.
This bill would authorize the local enforcement agency to reduce the fee for the permit, registration, or related service for an applicant seeking approval of a compact mobile food operation or related operations. (6) Under existing law, violation of the code is a misdemeanor, unless otherwise specified.
This bill would make violations of the code by an operator or employee of a compact mobile food facility or a sidewalk vendor punishable only by an administrative fine. Additionally, by making changes to the definition of various crimes and by adding new crimes under the code, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 113818 of the Health and Safety Code is amended to read:
113818. (a) “Limited food preparation” means food preparation that is restricted to one or more of the following:
(1) Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2) Dispensing and portioning of nonpotentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or
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Attachment: SB-972 California Retail Food Code_ (3475 : Sidewalk Vendor Ordinance) 11/2/22, 2:49 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 3/8 dispensing.
(3) Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source. (4) Holding, portioning, and dispensing of any foods that are prepared by a catering operation. (5) Slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process. (6) Cooking and seasoning to order.
(7) Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(8) Hot and cold holding of food that has been prepared at an approved permanent food facility. (9) Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter.
(b) “Limited food preparation” does not include any of the following:
(1) Slicing and chopping potentially hazardous food, other than produce, unless it is on the heated cooking surface.
(2) Thawing.
(3) Cooling of cooked, potentially hazardous food.
(4) Grinding raw ingredients or potentially hazardous food. (5) Washing of foods.
(6) Cooking of potentially hazardous foods for later use. (7) Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products subject to licensing under Division 15 (commencing with Section 32501) of the Food and Agricultural Code.
SEC. 2. Section 113831 of the Health and Safety Code is amended to read:
113831. (a) “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer. (b) “Single operating site mobile food facilities” means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to each other at a single location. (c) “Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
SEC. 3. Section 113868 of the Health and Safety Code is amended to read:
113868. “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceed 100 pounds (46 kg) in weight or is otherwise designed to be mobile.
SEC. 4. Chapter 11.7 (commencing with Section 114368) is added to Part 7 of Division 104 of the Health and Safety Code, to read:
CHAPTER 11.7. Compact Mobile Food Operation
114368. A compact mobile food operation, as defined in subdivision (c) of Section 113831, shall meet the applicable requirements of Chapter 10 (commencing with Section 114294), except as provided in this chapter.
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Attachment: SB-972 California Retail Food Code_ (3475 : Sidewalk Vendor Ordinance) 11/2/22, 2:49 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 4/8 114368.1. (a) Any compact mobile food operation with 25 square feet or less of display area from which only prepackaged nonpotentially hazardous food and whole uncooked produce is sold is exempt from the requirements of this part, except that the facility shall comply with all of the following:
(1) Sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399. (2) Chapter 1 (commencing with Section 113700).
(3) Chapter 2 (commencing with Section 113728).
(b) (1) A local enforcement agency may inspect a compact mobile food operation that is exempt, as specified in subdivision (a), during the facility’s hours of operation and other reasonable times on the basis of a consumer complaint or just cause.
(2) For the purposes of determining compliance with this chapter, a compact mobile food operation that is not exempt as specified in subdivision (a) is subject to permitting and routine inspections or inspections on the basis of a consumer complaint or just cause.
(c) The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations. 114368.2. (a) Compact mobile food operations shall conduct only limited food preparation, as defined in Section 113818. Notwithstanding any other provision of this part, a compact mobile food operation, as defined in subdivision (c) of Section 113831, may display or sell food outdoors, if all of the following conditions are satisfied:
(1) Overhead protection are provided above all food display areas. (2) Food items from the outdoor display are stored consistent with this chapter at all times other than during business hours.
(3) Outdoor displays comply with Section 113980 and have been approved by the enforcement agency if the compact mobile food operation is required to obtain a permit. (b) A compact mobile food operation shall not sell food other than nonpotentially hazardous prepackaged food or whole produce, or conduct any food preparation, unless it meets the applicable operational requirements of this chapter, including applicable requirements for integral equipment, handwashing, and restroom access. (c) Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.
(d) A compact mobile food operation operating from an individual shall not conduct any food preparation or sell foods other than nonpotentially hazardous prepackaged food or whole produce. 114368.3 (a) (1) A permitted cottage food operation or microenterprise home kitchen operation may serve as a commissary or mobile support unit for up to two compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile food operation and the storage and cleaning of the compact mobile food operation.
(2) Transactions at a compact mobile food operation operated by a cottage food operator shall constitute “direct sales” for the purposes of paragraph (4) of subdivision (b) of Section 113758. (3) Transactions at up to two compact mobile food operations operated by a cottage food operator shall not count toward the annual gross sales restrictions in Section 113758 applicable to cottage food operations if the governing body has authorized this action.
(4) Nonpotentially hazardous foods prepared in a cottage food operation may be served from a compact mobile food operation.
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Attachment: SB-972 California Retail Food Code_ (3475 : Sidewalk Vendor Ordinance) 11/2/22, 2:49 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 5/8 (5) Food prepared in a microenterprise home kitchen operation may be served from a compact mobile food operation operated by the microenterprise home kitchen operation permitholder. (6) The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 do not apply to the sale of nonpotentially hazardous food or produce for up to two compact mobile food operations operated by the microenterprise home kitchen operation if the governing body has authorized this action.
(7) With the authorization of the governing body and if the enforcement agency determines that the operation does not pose a public health hazard, a permitted microenterprise home kitchen operation may serve as a commissary for up to two compact mobile food operations. The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 apply unless the governing body sets a higher meal and income limitation.
(8) The governing body of a local jurisdiction that permits microenterprise home kitchen operations pursuant to Section 114367, may set the meal and income limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 at a higher level than provided in those paragraphs for microenterprise home kitchen operations that operate in conjunction with a compact mobile food operation. Notwithstanding this subdivision, the levels in effect, by statute or ordinance, as of January 1, 2023, shall remain in effect until changed by the local jurisdiction.
(b) (1) Existing permanent food facilities may be permitted to support the operations and storage of compact mobile food operations pursuant to the requirements of this section. (2) Notwithstanding any other provision of this part, upon an evaluation verifying that a permanent food facility satisfies subdivisions (a) to (f), inclusive, of Section 114326, an enforcement agency shall approve the use of a permitted permanent food facility to satisfy the requirements of Section 114295 for a compact mobile food operation.
(3) Notwithstanding any other provision of this part, upon an evaluation verifying that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination, an enforcement agency shall approve the storage of a compact mobile food operation in a permitted permanent food facility.
(4) Except when a determination is made by the enforcement agency that any nonconforming structural conditions pose a public health hazard, the enforcement agency may approve a facility to support operations of a compact mobile food operation.
(5) Plan submission shall not be required for an existing permanent food facility to support the operations of a compact mobile food operation when a determination is made by the local enforcement agency that the current operation and structural facilities of the permanent food facility can successfully provide the necessary functions of a commissary for a compact mobile food operation. (6) An approved permanent food facility that will be used for cooling of food for a compact mobile food operation shall be approved by the enforcement agency for cooling. (c) (1) Unless prohibited by local ordinance, an enforcement agency may allow the use of a private home for the storage of a compact mobile food operation if it determines, after an evaluation, that storage in the private home would not pose a public health hazard and that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination. (2) No more than two compact mobile food operations may be stored in a private home unless the enforcement agency finds that storage of more than two compact mobile food operations in a private home would not pose a public health hazard.
(3) The storage area within the home shall be designated and clearly identified upon approval and shall not be relocated without the review and approval of the local enforcement agency. (4) Prepackaged nonpotentially hazardous food, whole fruits, and whole vegetables may be stored in the home prior to sale or preparation of that food in a compact mobile food operation.
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Attachment: SB-972 California Retail Food Code_ (3475 : Sidewalk Vendor Ordinance) 11/2/22, 2:49 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 6/8 (5) Food prepared in a private home shall not be used or offered for sale on a compact mobile food operation, unless it is a permitted cottage food operation or microenterprise home kitchen operation pursuant to subdivision (a). Violation of this paragraph may result in suspension or revocation of the permit to operate the compact mobile food operation.
(6) For purposes of determining compliance with this subdivision, a local enforcement agency may access, for inspection purposes, a private home where a compact mobile food operation is stored only if the representative has, on the basis of a consumer complaint, reason to suspect that the home is being used for food preparation, food storage, or unauthorized storage of utensils or other food facility equipment in violation of this subdivision.
(d) At the end of the operating day, potentially hazardous food that is prepared on or served from a compact mobile food operation shall be destroyed in a manner approved by the enforcement agency. (e) For the purposes of this chapter, an endorsement by the local enforcement agency shall be a documented and recorded approval of compliance with applicable sections. An endorsement may include an inspection or evaluation, but shall not require a registration or permit. (f) The enforcement agency may collect a fee for any permit, endorsement, inspection, or evaluation issued or conducted pursuant to this chapter in an amount that does not exceed the reasonable administrative costs of the enforcement agency.
114368.4. (a) Except as provided in subdivision (b), a compact mobile food operation that is approved for limited food preparation that prepares raw meat, raw poultry, or raw fish is subject to warewashing and handwashing facility requirements as outlined in Chapter 10 (commencing with Section 114294). (b) (1) A compact mobile food operation may satisfy the requirements of Sections 114313 and 114314 by demonstrating access to a permitted auxiliary conveyance containing the necessary handwashing and warewashing sinks when operating at a site-specific location. The auxiliary conveyance may be operated by the same or a different permitholder. An enforcement agency may permit an auxiliary conveyance to serve multiple compact mobile food operations operating in close proximity to the auxiliary conveyance, as determined by the enforcement agency.
(2) If an auxiliary conveyance is not operated by the permitholder of the compact mobile food operation, the operator of the auxiliary conveyance shall obtain a permit from the enforcement agency to operate the auxiliary conveyance and service compact mobile food operations. (3) The permit application for an auxiliary conveyance not operated by a compact mobile food operation shall include a site plan and shall be submitted to the enforcement agency at least two weeks prior to the operation of any food facility in conjunction with the auxiliary conveyance. (4) The site plan for an auxiliary conveyance not operated by a compact mobile food operator shall show the proposed location and storage of the auxiliary conveyance, the proposed locations of any food facilities that will utilize the auxiliary conveyance, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities. (c) A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall do one of the following:
(1) Provide a three-compartment sink as described in subdivision (a) of Section 114313. (2) Provide at least one two-compartment sink that complies with subdivision (e) of Section 114099.3. (3) Provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to replace those that become soiled or contaminated, and warewashing facilities that comply with subdivision (a) of Section 114313 in reasonable proximity to, and readily accessible for use by, food employees at all times.
(4) Maintain an adequate supply of spare preparation and serving utensils on the compact mobile food operation to ensure that utensils used for potentially hazardous foods are replaced with clean and sanitized utensils every four hours or as needed to replace those that become soiled or contaminated. A compact mobile food operation that complies with this paragraph is not required to provide a warewashing sink.
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Attachment: SB-972 California Retail Food Code_ (3475 : Sidewalk Vendor Ordinance) 11/2/22, 2:49 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 7/8 (d) A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall provide an integral handwashing sink with at least five gallons of potable water to operate with a potable water tank with a capacity of at least five gallons for handwashing. (e) An enforcement agency may permit a compact mobile food operation to operate with an integral water tank smaller than specified under subdivision (c) or (d) of Section 114217 if the enforcement agency finds that the compact mobile food operation is operating in an area and manner that would allow for replenishment of the water supply as needed during operations.
(f) A compact mobile food operation shall submit, to the enforcement agency, written operating procedures that include the process of filling potable water tanks if it will operate with a water tank with a capacity of less than five gallons specified in subdivisions (c) and (d) of Section 114217. (g) A compact mobile food operation that does not prepare raw meat, raw poultry, or raw fish is exempt from any provision of this part requiring it be equipped with a water heater or otherwise be supplied with warm water. 114368.5. (a) Upon receipt of complete, easily readable plans drawn to scale, and specifications satisfactory to the enforcement agency, an enforcement agency may preapprove a standard plan for a standardized or mass- produced individual unit intended to serve as a compact mobile food operation. (b) A person proposing to operate a compact mobile food operation who has acquired an individual unit for which the construction of the compact mobile food operation has been built to approved plans shall not be required to submit plans for the individual unit, but instead shall be subject to a final inspection of the compact mobile food operation to ensure that the individual unit and proposed method of operation conform to the standard plans preapproved pursuant to subdivision (a). The permit application for a compact mobile food operation utilizing a preapproved individual unit shall include a certification that the applicant has not substantially altered the individual units from the plans preapproved pursuant to subdivision (a). The enforcement agency may collect a fee in the final inspection in an amount that does not exceed the reasonable administrative costs to the enforcement agency.
(c) The repair of equipment or integral fixtures on a compact mobile food operation or the replacement of equipment and fixtures on a compact mobile food operation with substantially similar equipment or fixtures is not a remodel, and the repair or replacement of equipment or fixtures does not require the submission of plans to an enforcement agency.
(d) A local governing body may waive or reduce a fee for the permit, registration, or related services for an applicant seeking approval of a compact mobile food operation or related operations. (e) All new and replacement food-related and utensil-related equipment for a compact mobile food operation shall be certified or classified for sanitation by an American National Standards Institute accredited certification program, or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. In the absence of an applicable certified sanitation standard, food-related and utensil-related equipment shall be evaluated for approval by the enforcement agency.
(f) All new and replacement electrical appliances for a compact mobile food operation shall meet applicable Underwriters Laboratories standards for electrical equipment as determined by an American National Standards Institute accredited certification program or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. 114368.6. A compact mobile food operation is exempt from Section 113947.1 if the operator and any individual who is involved in the preparation, storage, or service of food for the compact mobile food operation has obtained a food handler card that meets the requirements of Section 113948. 114368.7. A compact mobile food operation is exempt from the requirements of Section 114315 if the compact mobile food operation operates with multiple employees or operators and the compact mobile food operation may remain operable by a single individual so that employees or operators may alternate use of a restroom. 114368.8. (a) Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine.
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Attachment: SB-972 California Retail Food Code_ (3475 : Sidewalk Vendor Ordinance) 11/2/22, 2:49 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 8/8 (b) A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.
(c) Except as provided in paragraph (d), each offense by an operator or employee of a compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following:
(1) A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part.
(2) An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation.
(3) An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation.
(4) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(d) If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024. (e) (1) When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person 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 adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
(3) The enforcement agency may waive the administrative fine or may offer an alternative disposition.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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Attachment: SB-972 California Retail Food Code_ (3475 : Sidewalk Vendor Ordinance)