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 adopt 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 reason 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.
SECTION 3. CEQA
The adoption of this ordinance is exempt from review under the 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 on 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 indirect 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 entered 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:
____________________________
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
_________________________________
Eric S. Vail, City Attorney
EXHIBIT A
TITLE 5
Chapter 5.98
"Sidewalk vendors"
5.98.010 – Purpose.
The purpose of this chapter is to establish a sidewalk vending program 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 department” 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 companies, 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 engaged in business, nonprofit or any other activity.
K. “Roaming sidewalk 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 from 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 vendor 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.
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 the information provided to the city is true and correct; and
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 city 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 city during the period of time that a permit has been revoked, terminated or suspended.
5.98.090 – Appeal hearings.
The rights 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.
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 operate 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 businesses 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 trash. 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;
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, tree, 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 city 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. 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 city 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 section will be deposited with the city’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 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.