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Staff Report
City Council
Item No. 2.B
Meeting Date: September 13, 2023
From: Sandra Molina, Deputy Director of Development Services Title: Sidewalk Vendor Ordinance Update
City Council
RECOMMENDATION:
This item is presented for information, discussion and direction only.
BACKGROUND:
The City Council adopted a Sidewalk Vendor Ordinance on January 25, 2023, to regulate roaming and stationary sidewalk vendors within the provisions of Senate Bill (SB) 946 and SB 972.
SB 946, also known as the Safe Sidewalk Vending Act, was approved by the California legislature 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. By local ordinance, a city may adopt additional requirements requiring a permit and regulating the time, place, and manner if the requirements are directly related to objective health, safety or welfare concerns.
SB 946 prohibits the City from imposing criminal penalties for sidewalk vending and enforcement is limited to administrative citations and fines. Fine amounts differ between a licensed vendor that violates sidewalk vendor regulations and unlicensed vendors. In addition, consideration must be given to the ability to pay, which may result in the reduction of fines.
SB 972 adopted on January 1, 2023 also pertains to sidewalk vending and is mainly applicable to licensing by health departments responsible for issuance of food handling permits. It was intended to facilitate the licensing of sidewalk vendors, and allows for limited food preparation items, such as heating, frying, baking, roasting, shaving of ice, blending, steaming of hot dogs or assembly of non-prepackaged food.
The City’s sidewalk vendor ordinance, codified as Chapter 5.98 within the City’s Municipal Code, established a street vendor permit program that includes location and operational requirements where vendors must display their permit, operate only on
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public sidewalks, maintain a clean and litter free area, and provide a trash receptacle.
Sidewalk vendors cannot operate in street medians or conduct business with persons in motor vehicles.
Sidewalk vendors may operate in commercial areas between 7:00 a.m. and dusk, except they may operate beyond dusk in commercial zones when businesses are open during those hours. Roaming vendors may operate in residential zones only between the hours of 7:00 a.m. to 8:00 p.m. and stationary vendors cannot operate in residential zones.
The sidewalk vendor ordinance also provides for the removal or seizure of product and/or equipment in the following limited 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. •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-day notice would be provided to claim the items. Illegal goods or contraband seized is not subject to the notice of redemption but can be appealed.
DISCUSSION:
Permits
Since the adoption of the new sidewalk vendor ordinance, a new application and informational flyer, in both English and Spanish were prepared. All code compliance officers have obtained food handlers certificates through Riverside County Environmental Health. Riverside County Environmental Health is in the process of adopting revised regulations pursuant to SB 972 and has begun accepting applications for sidewalk food vendors.
As of August 1, 2023, the City has issued 7 roaming vendor permits, and 1 stationary vendor permit. The stationary vendor was for novelty items. Now that Riverside County is accepting applications, there have also been multiple inquiries from potential sidewalk Cathedral City Page 3 of 3 Printed on 9/7/2023
food vendors and staff anticipates the City will also receive applications for sidewalk food vendors, primarily stationary vendors.
Enforcement
Between February 25, 2023 and September 5, 2023, code compliance made 140 contacts with sidewalk vendors. These contacts were both proactive and in response to complaints received and have been primarily proactive contacts with stationary vendors. In this first phase of enforcement, the approach has been to educate sidewalk vendors of the new ordinance, advise them that permits can be obtained, provide a copy of the flyer and to direct them to cease operations.
This approach has met with mixed results. Many times, the sidewalk vendor has been dropped off in the City and will not be picked up for several hours or the sidewalk vendor returns to the location the very next day. In addition, many of these vendors are not English speaking and do not have identification.
Given that education and establishment of a permitting process has not deterred unlicensed vendor activities, the next approach is to issue administrative citations.
However, vendors may not have identification on their persons, therefore, the citation will be issued to the name provided by the vendor. An effort will also be made to identify the individual employing (dropping off/picking up) the vendor so that they may be cited for operation of an unlicensed business.
While the City’s ordinance does allow, in limited instances, the removal or seizure of a cart creating an imminent safety hazard or if it is placed within a prohibited area, this approach would be taken only after careful deliberation, consideration and direction.
FISCAL IMPACT:
The staff costs associated with enforcement activities will be incurred.
FIVE-YEAR STRATEGIC PLAN:
Goal F - EMBRACING, INCLUSIVE COMMUNITY
Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and affordable housing options and vibrant businesses. Our neighborhoods are attractive, well-maintained, and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.
F-16: Implement a code compliance program that proactively identifies and responds to code compliance complaints.
ATTACHMENTS:
Sidewalk Vendor Flyer