Coachella City Council
February 14, 2024

Item 18.

Resolution No. 2024-02

PASSED APPROVED and ADOPTED this 14th day of February 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:

Carlos Campos
City Attorney

Item 18.
4 STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-02 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on this 14th day of June 2024 by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 18.

Sidewalk Vendor Application Fee Analysis
The fee analysis below pertains the initial application administration and annual application renewals. This fee calculation is based on the review of the application by staff of various departments calculated by time spent at the fully burdened hourly rate that includes the Economic Development Department, Finance Department, Planning Division, Code Enforcement Division, Building Division as identified in Table 2 below.

The full cost recovery for application review would be charged to applicants who are residents from outside the Coachella Valley. A fee that is less than full cost recovery would be charged to applicants who are residents from the Coachella Valley.

Thisfee would recover City staff expenses associated with processing and review of applications. It does not cover the full cost of the administration of the Sidewalk Vendor program such as on-going compliance monitoring by the Code Enforcement Division.

Table 1 – Sidewalk Vendor Proposed Fee Structure
PERMIT FEE*
(RECOMMENDED)
RENEWAL*
(RECOMMENDED)
Coachella Valley Resident $125 $100
Outside Coachella Valley $300 $165
*Permit and Renewal Fees to increase annually based on the Consumer Price Index as verified by the Finance Director.

EXHIBIT A – RESOLUTION NO. 2024-02

Item 18.

Table 2. Sidewalk Vending Application Fee Justification Dept/Division Hours of
Review 1st
time
permit
Hours of review
for Renewal
Staff Position Scope of Review Full Burdened
Rates/ Hourly
Total Hours
First
Application
Renewal
Economic
Development
administration
1 1 Economic
Development
Technician
Review business license
application, confer with
Planning on zoning and
assist with
questions/process
$ 79.87 $79.87 $79.87
Planning Review 0.5 hrs for
1 st time
application
0 hrs – Planning
will not review
renewal if same
site plan and
location.

Planning
Technician
Review site plan and
consistency with eligible
areas.
$71.74 $35.87 $0
Code
Enforcement
Review/Inspection
1 hr. for 1st
time app.

0.5 hr. Code
officer/Manager
App
review/enforcement
$112.91 $112.91 $56.46
Building Review
and/or Inspection
.5 for
application
review and
compliance
(BO)
.25 Bldg. Dept.
will inspect on
renewals for
compliance (BI)
Building Official
(BO)/ Building
Inspector (BI)
Review application.

Inspect proposed location
for compliance with
ordinance.
$119.17 $59.39 $29.79
Finance Review .25 hrs for
review
None
Customer
Service
Review fee calculation
and receipt payment
$60.00 $15.00 $0
Total Fees $303.24 $166.12

Item 18.

Comparison of Coachella Valley City Ordinances Regulating Sidewalk Vendors - 2023 Ordinance
(Y/N) Permit Cost Application Requirements Permitted Locations Time Limitations Violation Fines Cathedral
City
Y
1st time permit
fee: $192
Renewal fee:
$100
Contact info, city business license,
sidewalk vending permit, ID, proposed
area of operation, stationary/mobile,
general description, diagram,
photograph of the cart, CA seller's
permit, completion of food handler
course, health department permit
Vending prohibited in: center median of street, public parking lot, must not obstruct vehicular or pedestrian traffic, 4ft sidewalk clear space, 300ft from a temporary/special event non-residential: 7am - dusk, residential: 7am-8pm with permit:
1st violation - $100
2nd violation - $200
3rd violation - $500
4th violation - $500 and
revocation of permit
without permit:
1st violation - $250
2nd violation - $500
3rd violation - $1000
Coachella N None proposed
Desert Hot
Springs Y $50
sidewalk vendor permit, contact info,
days/hours of operation, location(s) of
operation, description of
food/merchandise for sale,
stationary/mobile, ID, seller's permit,
statement of conviction within the last
5 years
36-inch sidewalk clearance, 50 ft of any school crossing, 30 ft of senior center, 30 ft of any crosswalk, prohibited from operating in private property, no operation on/along any street where speed limit is 55 mph or above, 200 ft of another sidewalk vendor
limitations on hours of operation imposed on other
businesses or uses on the same street or 7am-6pm,
residential areas 9am-8pm
with permit:
1st violation - $100
2nd violation - $200
additional violations - $500,
without permit:
1st violation - $250
2nd violation - $500
additional violations - $1000
Indio Y
License Tax:

Varies based on
gross receipts
Application Fee:
$84.00
SB1186 State
passthrough:
$4.00
Encroachment
permit (only if
they are using
public property):
$1,975.00
Vending permit, business license, Rivco
health inspection sticker, Riverside
County Department of Environmental
Health permit, contact info, description
of food/merchandise, photo of vending
vehicle/cart, stationary/mobile,
description of streets, right of way,
other locations of vending, seller's
permit, food handler course, liability
insurance, time, place, and manner of
vending information.

No vending within 10 ft of street intersection, within 10 ft of any driveway, within a roadway, median strip, dividing section, within 200 ft of farmer's market/swapmeet/ area w/ temp. special permit, 300 ft of a school building, 4 ft sidewalk clearance
8am-10pm daily, 8am -7pm in residential areas with permit:
1st violation - $100
2nd violation - $200
each additional violation within 1
year of 1st violation - $500
without vending permit:
1st violation - $250,
2nd violation - $500,
additional violation - $1,000

La Quinta N
Palm Desert N
Palm Springs
Y
About $107 for
City residents and
about $172 out of
City (depending
on # of personnel
working)
Business name registration, seller's
permit, liability insurance, driver's
license, site plan, environmental health
permit, food manager's card, food
handlers card for all staff workers,
LLC/corporate entities, business license
Stationary vendors prohibited from operating in residential zones, no vending within 10 ft of entrances/exits to private buildings, no vending within 200 ft from temporary events, no vending within a corner cutoff area
stationary: one-half hour before sunrise and 3am,
roaming (residential): one-half hour before sunrise
and one-half hour after sunset
roaming (nonresidential): one-half hour before
sunrise and 3am

Item 18.

Ordinance No. ____

DRAFT COACHELLA MUNCIPAL CODE AMENDMENTS
RELATED TO REGULATION OF SIDEWALK VENDORS; ORDINANCE NO. 1209 SECTION 1. Subsection P of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“P. Itinerant Merchant. An itinerant merchant under this chapter shall be deemed to mean and include any person or persons, firm or corporation, either principle or agent, employer or employee who engages in a temporary business in the city by selling or offering for sale goods, wares, merchandise, or things or articles of value for a period of not more than one hundred ninety (190) days in any calendar year, and who, for the purpose of carrying on such business, hires, leases or occupies any room, building, structure or stand on any real property or on or adjoining any street or public place in the city. The person, firm or corporation so engaged shall not be relieved from the provisions of this subsection by reason of associating temporarily any local dealer, trader, merchant or auctioneer, or by reason of conducting such temporary business in connection with or as part of any local business, or in the name of any local dealer, trader, merchant or auctioneer. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.”
SECTION 2. Subsection Q of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“Peddler. "Peddler" shall be defined as any person who sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise, service or thing in the possession of the seller, at any place in the city other than at a fixed place of business, but shall not include salesmen or agents for wholesale houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes or to bidders for public works or supplies. It shall include the use of a "pushcart," which shall be defined as any wagon, cart or similar wheeled container, not a "vehicle" as defined in the Vehicle Code of the state of California, from which food, beverage, or product is offered for sale to the public. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.

The chief of police shall, based upon the information supplied by the finance department, investigate the backgrounds of all applicants. If such investigation by the chief of police reveals that the applicant has been convicted of a crime involving moral turpitude or any crime of a nature associated with the type of business for which the application is submitted, he or she shall notify the director of finance, who shall deny the license application.”

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SECTION 3. Subsection Q of Section 5.04.380 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“Solicitor. "Solicitor" shall be defined as any person who engages in the business of going from house to house, place to place, on or along the streets within the city and/or by telephone selling or taking orders for or offering to sell or take orders for goods, wares, or merchandise or other things of value for future delivery, or for services to be performed in the future. Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 12.50 of Title 12 of this Municipal Code.”
SECTION 4. Subsection B of Section 12.04.030 of the Coachella Municipal Code is hereby amended to read as follows (Deleted text in strikethrough, new text is underlined):
“B. It is also unlawful for any person to make, or cause to be made, any obstruction on, or any encroachment upon any city street, sidewalk, or other public place without first obtaining from the city engineer, a written permit to make such obstruction and making a deposit to cover the inspection and restoring of such city street or other place to its original condition, together with the incidental expenses in connection therewith, all as provided by this chapter. This sub-section applies to stationary sidewalk vendors who have obtained a permit pursuant to Chapter 12.50 of this title.”
SECTION 5. Chapter 12.50 is hereby added to the Coachella Municipal Code to read as follows:
“Chapter 12.50 – SIDEWALK VENDING.

Section 12.50.010 Purpose.

The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semipermanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

In light of the City’s many public right-of-ways which lack adequate width in paved roadways and lack sidewalk and street lighting improvements, it is intended that all street vending occur in a safe manner to avoid injury to the public.

Section 12.50.020 Definitions.

For purposes of this Chapter, the following definitions apply:

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Ordinance No. ____

A. “Certified Famers’ 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.

B. “City” means the City of Coachella.

C. “Park” means a public park owned or maintained by the City.

D. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

E. “Sidewalk vendor or vending” means a person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk, property, or other pedestrian path.

F. “Stationary Sidewalk vendor or vending” means a sidewalk vendor who vends from a fixed location.

G. “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.

H. “Temporary Event Permit” means a special event permit or other planning director authorization for seasonal events, holiday celebrations, outdoor display of merchandise, promotional events, or other non-recurring temporary sales / entertainment activity, pursuant to Title 17 of this code.

Section 12.50.030 Permits Required.

A. All sidewalk vendors shall obtain a business license from the City’s finance director or designee, prior to engaging in any sidewalk vending activities. In addition to the required business license, all sidewalk vendors shall obtain a sidewalk vending permit from the City’s Finance Director or designee prior to engaging in any sidewalk vending activities. The following information shall be required for a sidewalk vending permit:

1. Name, current mailing address, and phone number of the vendor; and,

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

3. A description of the merchandise/goods to be offered for sale or exchange, and the days/hours of sales; and,

4. A copy of the California seller’s permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and,

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Ordinance No. ____

5. A copy of the valid California Driver’s license issued to the vendor; or, A copy of the individual taxpayer identification number issued to the vendor; or,
A passport or residency card.
a. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and 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.

6. If preparing or selling food, a copy of the County Health Department permit issued to the vendor; and,

7. If preparing or selling food, a current decal sticker issued by the County Health Department to be posted on any food cart used in vending; and,

8. A description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of thirty-six inches (36”) of accessible route area, in compliance with the Americans with Disabilities Act; and,

9. A copy of general liability policy naming the City as additional insured in the amount of $1,000,000; and,

10. A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true.

B. At the time the application or renewal application is filed, the application shall pay the permit processing fee established by separate resolution of the City Council.

Section 12.50.040 Review of Permit Application; Decision.

A. Upon acceptance of a properly completed and filed sidewalk vendor permit application the City Manager’s designee shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than thirty (30) days of acceptance to approve or deny the application. The City Manager’s designeeshall provide the applicant with written notice of his or her decision to the address indicated in the application.

B. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.

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Ordinance No. ____

C. If the City Manager’s designee approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

D. Exemptions. A sidewalk vending permit shall not be required for the following activities:

1. The sale of agriculture products on the site where the product is grown.

2. Catering for private parties held exclusively on private property and not open to the general public.

3. Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a Certified Farmers’ Market, Swap Meet, street fairs, outdoor concerts, promotional event, and outdoor display of merchandise.

4. First Amendment protected vending which includes the following:
a. Traditional expressive speech and petitioning activities, such as vending the following items: newspapers, leaflets, pamphlets, bumper stickers, patches, and/or buttons.
b. Vending the following items which have been created, written, or composed by the vendor: books, audio, video, or other recordings of their performances, paintings, photographs, prints, sculptures, or any other item that is inherently communicative and is of nominal value or utility apart from its communication.
c. Those items that have a common and dominant non-expressive purpose shall not be considered a vending item that has been “created, written, or composed by the vendor,” such as, but not limited to, housewares, appliances, articles of clothing, sunglasses, auto parts, oils, incense, perfume, crystals, lotions, candles, jewelry, toys, and stuffed animals. Selling these types of dominant nonexpressive merchandise will require a sidewalk vending permit under this Chapter.
d. Performers can perform.
(i) The word “perform” shall mean to engage in any of the following activities: playing musical instruments, singing, dancing, acting, pantomiming, puppeteering, juggling,
reciting, engaging in magic, creating visual art in its entirety, presenting or enacting a play, work of music, work of art, physical or mental feat, or other constitutionally protected entertainment or form of expression.

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Ordinance No. ____

(ii) The word “perform” shall not include the provision of personal services such as massage or hair weaving, cutting, or styling, the completion or other partial creation of visual, the creation of visual art at which is mass produced or produced with limited variation, or the creation of
handcrafts.
(iii) The word “handcrafts” shall mean objects made either by hand or with the help of devices used to shape or produce the objects through such methods as weaving, carving, stitching, sewing, lacing, and beading, including objects such as
jewelry, pottery, silver work, leather goods, and trinkets that do not communicate a message, idea, or concept to others. e. Any sidewalk vendor conducting lawful First Amendment protected vending under subsections (E)(4)(a)-(b), above, shall still be required to comply with any applicable tax and licensing requirements.

E. Term of permit. A sidewalk vending permit issued pursuant to this Chapter shall automatically expire one (1) year from the date issued, unless an earlier expiration date is noted on the permit.

F. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

Section 12.50.050 Stationary Sidewalk Vending Locations and Standards.

A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City, including the S-N (Suburban Neighborhood) zone, G-N (General Neighborhood) zone, U-N (Urban Neighborhood) zone, and all residential districts of the SP (Specific Plan) zone.

B. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

2. The sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches (36”) of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and,

3. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any food cart; and

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Ordinance No. ____

4. If the sidewalk vendor is selling food, all employees shall possess a current food handler’s card, issued by the County; and

5. Sidewalk vending hours shall be conducted between the hours of 5:00 AM and 11:00 PM every day; and,

6. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and,

7. The sidewalk vendor location shall be at a minimum distance of twenty-five (25) feet of entrances to buildings, private driveways, fire station driveway, or police station driveway ; and,

8. No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, building windows, parking spaces, handicapped access ramp,; and,

9. No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors vending activities; and,

10. The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and,

11. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and,

12. No vending shall occur within one hundred fifty (150) feet of a Certified Farmers’ Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit; and,

13. No vending shall occur within two hundred (200) feet of a freeway onramp or off-ramp.

14. No vending shall occur within three hundred (300) feet of a any school during the hours these schools are in session (and thirty (30) minutes before or after these schools are in session).

15. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into the City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the sidewalk vendor; and

16. The sidewalk vendor may not operate on any street right-of-way or sidewalk where street parking or public parking is not available within 500 feet of the vending area, or where off-street parking on private property is not available within 500 feet of the vending area; and

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Ordinance No. ____

17. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of forty (40) feet from the intersection of such lines at the corner of a street or highway.

Figure 1: Corner Cut-off limitations for Sidewalk Vendors Section 12.50.060 Sidewalk Vending in Parks, Certified Farmer’s Markets.

A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise or in an area occupied by a Certified Farmer’s Market.

B. Sidewalk vendors may operate in City Parks provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

2. For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches (36”) of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and,

3. The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and,

4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and,

5. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any food cart; and

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Ordinance No. ____

6. Any sidewalk vendor food cart shall possess a current decal sticker posted on the food cart; and

7. The sidewalk vendor location shall be at a minimum distance of twenty (25) feet from entrances to buildings, driveways, parking spaces, or building windows; and,

8. No vending shall occur within one hundred fifty (150) feet of an event held pursuant to a Temporary Event Permit.

9. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities.

All discharges shall be contained and properly disposed of by the sidewalk vendor.

10. All stationary and roaming sidewalk vendors must be at least 50 feet away from another sidewalk vendor, except that groups of five or fewer sidewalk vendors may assemble as one group not occupying more than 2,000 square feet of combined area, for purposes of limiting undue concentration. At no time shall there be more than ten sidewalk vendors at any one City Park without a temporary use permit.

11. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of forty (40) feet from the intersection of such lines at the corner of a street or highway.

Section 12.50.070 Roaming Sidewalk Vending.

A. Roaming sidewalk vendors shall meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

12.50.030; and,

2. Sidewalk vending hours for residential zones shall be conducted between the hours of 7:00 AM and 6:00 PM; and,

3. Sidewalk vending hours for non-residential zones shall be conducted between the hours of 5:00 AM and 11:00 PM of every day; and,

4. The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and

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6. The sidewalk vendor does not conduct sales from a public street.

7. No vending shall occur within the immediate vicinity of a Certified Farmers’ Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit.

8. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of forty (40) feet from the intersection of such lines at the corner of a street or highway.

Section 12.50.080 Suspension; Rescission.

A. A sidewalk vendor permit issued under this Chapter may be suspended or rescinded by the City Manager’s designee after four or more violations of this Chapter in accordance with Section 12.50.100 of this Chapter, at their discretion, for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the permit;

3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

C. No person whose street vending permit has been revoked pursuant to this Chapter shall be issued a street vending permit for a period of two (2) years from the date revocation becomes final.

Section 12.50.090 Appeals to City Manager.

In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the City Manager’s designee made under the provisions of this Chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the City Manager within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the Economic Development Director or designee a written appeal statement setting forth the grounds for the appeal, along with the City’s appeal fee for administrative reviews. The filing of the appeal

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shall stay the enforcement of any decision suspending or rescinding the permit. The Economic Development Director shall transmit the written statement to the City Manager within ten (10) days of its filing and payment of the appeal fee, and the City Manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than sixty (60) days from the date of filing of the applicant's written appeal statement with the police department. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least ten (10) days prior to the date set for the hearing. At the hearing, the permittee and the City shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The City Manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the City Manager. The City Manager may continue the hearing as deemed necessary. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned.

Section 12.50.100 Penalties.

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A violation of this Chapter shall be punished by:

1. An administrative fine not exceeding $100 for a first violation after two written warnings have been issued by the City of Coachella Code Enforcement.

2. An administrative fine not exceeding $200 for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding $500 for each additional violation within one (1) year of the first violation.

B. A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (A), set forth above, be punished by:

1. An administrative fine not exceeding two hundred fifty ($250) dollars for a first violation after two written warnings have been issued by the City of Coachella Code Enforcement.

2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

C. If an individual is subject to subsection (B), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City,

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Ordinance No. ____

the administrative fines set forth in this Chapter shall be reduced to the administrative fines set forth in subsection (A), respectively.

D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be deposited in the treasury of the City.

E. Failure to pay an administrative fine assessed under this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Chapter shall not be assessed.

F. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.

G. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person’s ability to pay the fine. The City 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.

1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.

2. The City 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.

H. 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 SB 946 had SB 946 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.

I. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes, regulations, and ordinances.” SECTION 6. Section 8.04.010 of the Coachella Municipal Code is hereby amended to read as follows:
“City and County enforcement of state regulations and statutes.

The city council consents and requests that, in addition to the City’s own authority to enforce and observe, the county health officer of the county of Riverside, state of California, shall also be authorized to enforce and observe all of the following:

Item 18.

Ordinance No. ____

A. Orders, quarantine regulations, and rules prescribed by the state department and other rules and regulations issued under the provisions of the California Health and Safety Code.

B. Statutes relating to the public health.

Such services shall continue indefinitely until the city council shall terminate them by adoption of a resolution or ordinances, as provided in Division I, Part II, Chapter I, Article 2, of the Health and Safety Code. Each reference to the county, enforcement officer, and enforcement agency in this Title 8 of the Coachella Municipal Code shall be interpreted to equally be referencing the City and its authorized employees and agents.”

Item 18.

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 93 STATE OF CALIFORNIA

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vending, as specified, to petition for dismissal of the sentence, fine, or conviction.

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.

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. 93 Ch. 459 — 2 —

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(c)  “Stationary side
walk 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.
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, 93 — 3 — Ch. 459

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unless the restriction is directly related to objecti
ve 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. (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 93 Ch. 459 — 4 —

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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. (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. 93 — 5 — Ch. 459

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(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.
93 Ch. 459 — 6 —

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(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.

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.

O
93 — 7 — Ch. 459

Item 18.

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

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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.

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.
92 Ch. 489 — 2 —

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(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.

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 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.
92 — 3 — Ch. 489

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(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. 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:
92 Ch. 489 — 4 —

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(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 92 — 5 — Ch. 489

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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.
(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.
92 Ch. 489 — 6 —

Item 18.
(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.
(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. 92 — 7 — Ch. 489

Item 18.
(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 92 Ch. 489 — 8 —

Item 18.
contaminated. A compact mobile food operation that complies with this paragraph is not required to provide a warewashing sink. (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.
92 — 9 — Ch. 489

Item 18.
(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. (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. 92 Ch. 489 — 10 —

Item 18.
(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.

O
92 — 11 — Ch. 489

Item 18.

To the City of Coachella,
The Inland Coalition for Immigrant Justice (ICIJ) has been a leading voice in advocacy for the rights of street vendors in the Inland Empire. We’ve worked closely and extensively with local street vendors for years and have organized them in the IE to be effective self-advocates. Our years of experience with directly organizing street vendors has given our organization unique insight into the reality of street vending, the obstacles that street vendors confront in attempting to integrate into the formal economy, and the knowledge that street vendors are a benefit to their communities.

The Inland Coalition for Immigrant Justice recommends the following additions be made to the City of Coachella’s sidewalk vendor ordinance draft and program:

General Recommendations
● Community workshops and town halls - ICIJ we can help develop these continually ● We need the city to delay the first-reading of the draft ordinance in mid-November and instead propose an inclusive town hall. We need the city to do this to engage more public input (the drafting of the ordinance needs more time). It's key for sidewalk vendors to analyze language in the ordinance and demonstrate how those laws are affecting them. ● Multiple forms of support are needed: detailed workshops, popular education, technology support, and funds to lessen the economic impact of starting formally. ● An economic fund that helps vendors with popular education classes, compact mobile or stationary carts, stands and other start up costs such as Shared Kitchen permits, health inspections, commissary costs, permits, and transportation of their equipment ● Include language that can protect vendors that are victims of violence as we see a rise in attacks by vigilantes. Also partner with organizations or entities that can support victims of violence ● Conduct a city-wide educational campaign on vendors’ success stories and help with new business promotion on city website and social platforms, and business directory Recommendations for a Model Ordinance
Fee structure and accountability
● We ask that you reduce cost of citations, only charge a quarter of each fee so $25 for first violation, $50 second violation, $100 for third violation for vendors ● The fine structure should not be the most restrictive. State law creates a ceiling, not a best practice. It's relatively easy for vendors to receive multiple citations and rack up thousands of dollars in debt.
● Other Suggestions:
○ Emphasize educational outreach to bring vendors in to compliance, rather than punitive enforcement mechanisms that create poverty traps for an already vulnerable community
○ Create an equitable program for correcting violations where code enforcement does not intimidate, shame, or harass vendors in large

Item 18.
sweeps. Not only are these sweeps traumatic and hurtful, but also disparate treatment compared to how brick and mortar businesses are treated during enforcement interactions in Coachella.
○ As a part of a more equitable fine program, the city should allow ample room for correcting a violation, a reasonable timeline to resolve the issue, and not issue another citation for the same violation until a previous violation has been allowed adequate time for resolution.

No Confiscations
● We can not allow for food nor material to be confiscated, this hurts the vendors and sets them back a week which they cannot afford, do not waste Code Enforcement resources, straining a small department with in city, confiscations cause folks to lose their private property for months to years as we have seen in cities like San Bernardino
Business License Permit Fee and Accessibility
● Education first approach: co design permit process booklet for vendors who speak Spanish or other indigenous languages. Vendors need accessible & culturally appropriate educational materials. Have the same distance requirements for how far a vendor can be from a fire hydrant, bus stop, electric box, etc OR make picture charts explaining this in a zine format. Technical assistance is key to help vendors formalize
● Permits should be accessible - We advocate for a reduction of the permit fee to $27. We need a fee study to set up a new permit cost, we need this before the ordinance gets finalized. We need the City to recommend a low cost be reduced to $27 - to set the lowest street vendor permit cost in all of California. This can go through a special committee to move to the next step of creating an ordinance to reduce the permit cost permanently
○ Los Angeles Street Vendors addressed Sidewalk vendor permit cost and recently are on their way to conduct a study to reduce the permit cost
● Host workshops with Brick and Mortar Restaurants and other Commercial Kitchen facilities to help business owners and operators understand how they can use the Shared Kitchen option.

Local businesses can be host facilities for Compact Mobile Food Operators (CMFOs) or in other works sidewalk vendors who sell food such as corn, tamales, burritos, tacos, etc ○ https://rivcoeh.org/catering-businesses-and-host-facilities ● Free to low cost permits for low income people, of which many are street vendors. Currently the city’s Economic Development website, under Business License lists an annual “peddler permit” with a cost for $75. Permitting costs can be a high barrier to entry for entrepreneurship the city should otherwise be supporting, incentivizing, and enabling. If a permit/licensing system is simply out of reach for a low-income entrepreneur that has to choose between going out and vending to get their family by, or paying for high permit costs, they will make the rational decision to remain in the informal economy. If cost recovery is a concern, lower fees means more access to applicants, so there’s an optimum point for returns to the city if there's a lower barrier to entry
○ The city should consider making permits free for applicants over the age of 55. 2

Item 18.
○ The city should consider a fee waiver program for applicants who qualify as low-income
○ In the early rollout of a vending program, bringing vendors into compliance and assisting these small businesses with meeting requirements will take resources and support from the county, city, and state.
● Do not require extra permits that will cause undue burden - Do not require general liability insurance naming the City as additional insured in the amount of $1,000,000 per occurrence and $2,000,000 combined. As an alternative, the City can include an indemnification clause in its ordinance in order to not require vendors to obtain insurance up front. These efforts will incentivize vendors
Time of Business Operation
● Allow sidewalk vendors to operate from sunrise to sunset in residential areas (note: sunrise and sunset fluctuates every season)
● Allow sidewalk vendors to operate from one and a half hour from sunrise to 3:00 AM in commercial and mixed use zones including downtown
● or perhaps 24 hours as other drive through operations are allowed to do in Coachella. In our advocacy and focus groups with stakeholders across the state, bars and other similar businesses often prefer street vendors providing food to patrons as it helps stimulate business and helps temper intoxication in the late hours that people are exiting bars and nightclubs. It is bad policy to restrict vendors to shorter hours - both for local brick and mortar businesses (bars especially), bad for patrons and consumers, and bad for the general public. Offering late night food is one of the important contributions that street vendors provide for many cities across the world.

Location within City limits
● Downtown business area sidewalks: need to be open for sidewalk vendors because these are the sidewalks with ample space
● Parks: The Palm Springs Sidewalk Vending ordinance was amended for vendors to be in grassed areas of public parks, but not on athletic field areas. The reasoning was due to the fact that the parks would ensure usage and provide people who are in the parks with access to foods and it makes sense to utilize these areas because they have the infrastructure to allow for vending to safely occur.
○ Stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches (36”) of unobstructed accessible path of travel, without obstruction, along the public sidewalk or public pathway. ○ With respect to the concessionaire agreement in parks. Mobile vendors cannot be restricted in parks based on economic protectionism. It is good policy to allow stationary vendors in parks if possible.
○ The language of immediate vicinity prohibitions adjacent to farmers markets and swap meets is preferable than a complete exclusionary zone. Not only is this bad policy, but it's likely violating the state law if there's no appropriate rationale directly related to 3

Item 18.
objective welfare, safety, and health concerns. At most, 50-100 feet seems to fit more within the meaning of immediate vicinity
○ Exclusion zones around schools are discriminatory. There is no empirical evidence to support vendors being a danger to children or causing distractions or possible accidents.

Schools are areas of opportunity and likely areas where vendors will more be harassed and ticketed for approaching communities that want to enjoy the corn, raspados, and staple foods that were a pillar of many childhoods. There should be no exclusion of vendors near schools. To the contrary, there should be ways that the schools are involved and able to work with vendors who want to sell to students. ○ Excluding vendors from using any public infrastructure is not helpful, and actually causes further issues. The City of Coachella should be thinking of ways to create more spaces and ways for vendors to use public infrastructure to sustain their businesses, not the opposite
○ For further reference and information on cities violating state law, Public Counsel is currently suing the City of Los Angeles over arbitrary no-vending zones and areas where vendors are excluded in violation of state law. Here is a link to the complaint. 4

Item 18.

Riverside County Van Buren
Polk
50th Ave.

Tyler
Fillmore
Buchanan
Lincoln
Johnson
54th Ave.
52nd Ave.
42nd Ave.
60th Ave.

Pierce
48th Ave.

Airport
Harrison
46th Ave.
58th Ave.

Monroe
Jackson
§¨¦10
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Source: City of Coachella and
Riverside County
Date: July 2023
0 1 2 3
Miles E
City
Sphere of Influence (LAFCO)
General Plan Planning
Tribal
Planned Unit Development
Zoning Districts
City of Coachella
Official Zoning Map
44th Ave.

Rural Rancho (R-R)
Suburban Neighborhood (S-N)
Mobile Home (R-MH)
General Neighborhood (G-N)
Urban Neighborhood (U-N)
Neighborhood Commercial (C-N)
General Commercial (C-G)
Regional Commercial (R-C)
Downtown Transition (TR-PV)
Downtown (DT-PV)
Resort District (R-D)
Urban Employment (U-E)
Manufacturing Service (M-S)
Heavy Industrial (M-H)
Wrecking Yard (M-W)
Open Space (O-S)
Specific Plan
Eagle
Falls
Vista del
Agua
Brandenburg
Butters
La Entrada
Coachella
Vineyards
Philips
Ranch
Legend

Item 18.
50th Ave.
54th Ave.
52nd Ave.
48th Ave.

Airport
46th Ave.

Bagdouma Park
Rancho Las Flores Park
De Oro Park
Dateland Park
Sierra Vista Park
Vietnam Veterans Memorial Park
Ya' we' vichem Park
Ave 53 Tot Lot
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50TH AVE
48TH AVE

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51ST AVE
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0 0.65 1.3 1.95
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Permitted Areas - Sidewalk Vendors
City of Coachella
Zoning Districts
44th Ave.
*Densities, intensities, and
prohibited uses shall be
consistent with criteria in the
airport land use compatibility
plan for the Jacqueline Cochran
Regional Airport, including
applicable Countywide criteria
that may exist at the time of
project review. If the project is
located in the Riverside County
Airport Land Use Compatibility
Plan zones, please see ALUCP
and Coachella City Planning Staff
for the most up-to-date
regulations.

Eagle
Falls
La Entrada
Residential Districts
Roaming Sidewalk Vendors permitted
Non-Residential Districts
Stationary and Roaming Sidewalk Vendors
permitted
Public Parks
Stationary and Roaming Sidewalk Vendors
permitted
DRAFT

Item 18.