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Staff Report
City Council
Item No. 3.C
Meeting Date: December 14, 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:
On November 9, 2022, the City Council conducted a study session on the proposed Sidewalk Vendor ordinance.
Staff received direction from the Council on this item and have re-drafted the ordinance based on the direction.
Based on the input received, Staff felt it would be beneficial to have a second study session prior to scheduling at a regular meeting for formal consideration.
DISCUSSION:
The attached draft ordinance (shown in redline) has been revised, which include changes in accordance with the Council’s direction, particularly:
Section 5.98.060 – Application requirements
A.iii Proposed hours of operation.
This section has been revised to state that vending in residential zones is not permitted between the hours of 8:00 p.m. and 7:00 a.m. In non-residential zones, the City must allow the same hours of operation as those permitted for commercial/industrial uses. This section has been revised to be consistent with the City’s zoning ordinance and does not limit the hours of operation in non-residential zones.
A.iv Proposed location of operation.
This section has been revised to require this information for stationary vendors only as roaming vendors are mobile and can operate within most areas of the city. Stationary
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vendors can only operate in non-residential areas and a map will be created that shows these permissible areas.
A.vii – A photograph of the vending cart.
This section is revised so that a vendor can provide a general written description, diagram or photograph.
A.viii – Proof of valid license.
This is revised to clarify that proof of a valid business license.
A.ix – Proof of valid liability insurance.
In keeping with the intent and purpose of SB 946, this section has been deleted.
5.98.110 Operational requirements
New subsection E was added to prohibit the sale of alcoholic beverages, cannabis, tobacco products, weapons, fireworks, and illegal materials and other contraband.
5.98.150 Removal and/or seizure of cart, food, goods or merchandise, or vending equipment, which creates an imminent danger
Revisions to this section reflect the discussion during the study session. As re-written, removal or seizure of product and/or equipment would only occur in the following circumstances:
•Abandoned or Illegally located Carts. 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. If the vendor refuses, or the cart is abandoned, the cart may be removed and/or seized. A thirty (30) days’ notice would be provided to redeem the cart. If not claimed, the cart may be disposed of.
As an example, an illegally located cart would include stationary vendor carts in residential zones or that are blocking public sidewalks. •Food products. An enforcement officer may immediately seize and/or dispose of any food products that are obviously spoiled, rotten, infested or otherwise unsuitable for human consumption, or has been abandoned or determined by a County health official or code officer trained in food handling to create an imminent threat to health and safety.
•Goods, Merchandise, and Vending Equipment. If goods, merchandise, or vending equipment create an imminent threat to health, safety, and welfare, an enforcement officer may request the vendor to remove them. If the vendor refuses, the enforcement officer may remove and/or seize the items and 30 days’ notice would be provide to claim the items. Illegal goods or contraband seized is not subject to the notice of redemption, but can be appealed.
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5.98.156 Appeal of Administrative Citation or Seizure/Disposal A new section was added regarding filing appeals of citations issued or seizure of products/equipment.
FISCAL IMPACT:
Currently, there is an annual permit fee of $192 for a peddler’s permit with an annual renewal fee of $100. The anticipated staff resources needed to process a street vendor permit is similar to that of the peddler permit. Staff recommends the same fee schedule for sidewalk vendor permits, thereby, offsetting staff costs.
ATTACHMENTS:
Sidewalk Vendor Ordinance