Agenda packet — Concord City Council, June 3, 2025 (part 3 of 3)

permanent foundation that involves outdoor display, sale, or storage of the same types of goods or merchandise sold as part of the primary business activity on those premises shall not be considered a vendor under this article.

Activities identified in section 12.50.040 of this article shall not be categorized as a vendor. Sidewalk cafes regulated by Chapter 12.45 are not considered to be vendors under this article.Chapter. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this Chapter.

Vendor cart. A small nonmotorized vehicle equipped with a container(s) for food, wares, or other merchandise, and/or services offered for sale, barter, or exchange.

Vendor motor vehicle. A motor vehicle from which food items, wares, or other merchandise and/or services are offered for sale, barter, or exchange. A vendor motor vehicle is any vehicle used for commercial purposes including, but not limited to, travel trailers, recreational vehicles, and vans.

Vendor license. A license required for vendors to operate as specified in this Chapter. A vendor license is not required for ice cream trucks, vendors serving construction sites pursuant to Section 12.50.030(a)(1) of this Chapter, or vendors approved as a food vendor group site pursuant to CMC Section 18.200.210 or with a temporary use permit pursuant to CMC Section 18.200.200. Any vendor license issued under this Chapter is a revocable license; the issuance or granting of a license under this Chapter expressly does not constitute or provide for a permanent right or vested land use right.
(Code 1965, § 6801; Code 2002, § 90-102. Ord. No. 96-8)

12.50.030 Vending locations ; permits and business licenses; vendor operations.. (a) Authority to vend on public or private property. A vendor may be permitted to operate only at on public streets, public andrights-of-way, or private property as authorized by this section, subject to first obtaining a written city permit. This section does not apply to. Unless otherwise specified, a vendor on public property not owned by the city if permission to vend has been granted by the property owner or on private property where permission to vend has been granted by city permitlicense is required for all vending authorized under this Chapter. (a) Private property. Vending at private property is not allowed except as follows:
(1) Construction Sites Vendor motor vehicles. On private property, which is not an approved food vendor group site, vendor motor vehicles are allowed only Vendor motor vehicles and vendor carts are permitted at construction sites. Such vehicles may without a vendor license when in compliance with the following standards:
a. Vendors shall not stop at aany construction site for no more than 30 minutes without moving to a new location at least 300 feet removed therefrom. Such vehicles may not return to a location where they have previously stopped to vend within the previous three hoursone hour or more than once during any three- hour period.
(2) Nonmotorized carts. Vendor carts are allowed on private property only pursuant to a city administrative permit or minor use permit. Vendor carts are allowed on construction sites only pursuant to an administrative permit. The approving authority may impose reasonable conditions as provided in subsection (g)(2) of this section. At construction sites on private property, vendor carts may stop for no more than 30 minutes without moving to a new location at least 300 feet removed therefrom. Such carts may not return to a location where they have been previously stopped to vend within the previous three hours. (3) Vendors prohibited in Downtown Business Zoning District. Vendors shall not be permitted to operate at any publicly owned location in the Downtown Business Zoning District except as authorized by subsection (b)(2) of this section pursuant to a valid minor use permit.
(b) Special vendor activities and locations.

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(1) Schools. Vending is allowed at public or private schools, attendance at which satisfies the state requirements for compulsory education, when sponsored or co-sponsored by the school, provided all licenses required by state law or county ordinance are obtained. (2) City parks, recreation areas, and city facilities. A vendor may operate within a public park, recreation area, or city facility only when licensed by the city as a concessionaire or when authorized by the city. The city may require a use permit for longterm vending on city-owned property. (3) Community events, activities, and fundraisers. Vending is allowed at public and private property as a part of special events, subject to prior city approval, provided these occur no more frequently than one per season and not to exceed a maximum of four times per year. Events sponsored by the city or private events authorized on city-owned property shall be exempt from these provisions. b. Vendors shall ensure a four-foot path of travel, or an amount otherwise required by federal or state law, is maintained on public sidewalks or pedestrian paths of travel. c. Vending activities shall not be conducted before 7:30 a.m. or after 6:00 p.m. Monday through Friday. No vending shall be conducted at construction sites on weekends. d. Vendors shall not impede circulation or block driveways, drive aisles, emergency access, or site improvements which are required for other businesses or uses on the property. (2) Food vendor group sites. Requires a minor use permit or administrative permit pursuant to CMC Title 18. (b) Public streets or rights-of way(c) Permitted vending from vendor motor vehicles. Vending is allowed only from vendor motor vehicles (not from carts) subject to a vendor The Chief of license from the Planning shall have authority to determine appropriate locations for vending from vendor motor vehicles. Motor vehicle vendors willDivision. Such vehicles shall not be allowed to operate on public streets or rights-of-way where a public safety hazard exists or potentially exists,. Criteria to be used in determining whether a motor vehicle vendor can operate safely in the street or public rights-of-way are specified in subsection (c)(1) of this section. and the approving authority may impose reasonable conditions as provided in Section 12.50.070 of this Chapter. The Planning Division may use, but is not limited to, the following criteria to determine the suitability of vending from motor vehicles:
(1) The Chief of Planning may use, but is not limited to, the following criteria to determine the suitability of vending from motor vehicles:
a. Creation of pedestrian safety hazards;
b. Road geometrics (e.g., design, alignment, configuration, width, vehicle sight-line distance) relative to pedestrian and vehicular safety;
c. Impediments to traffic flows;
d. Traffic congestion patterns, circulation movements, and average daily traffic (ADT) volumes [on the] street;
e. Speed limits and traffic speeds;
f. Traffic studies and accident rates;
g. On-street parking requirements in residential neighborhoods; h. Any other factor deemed to be a potential safety hazard by the Chief of Planning. (2) If the Chief of Planning(1) The vendor motor vehicle shall only park where there is legal on-street parking that is large enough to accommodate the vehicle without any part of the vehicle length or width encroaching on the traveled way. The motor vehicle shall occupy no more than 40 feet of length.

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(2) Vendors shall comply with all color curb controls and parking restrictions, including any posted signs or notices.
(3) There shall be at least four feet of clearance on the sidewalk or pedestrian area abutting the vendor motor vehicle during vending operations.
(4) If the Planning Division determines that a vendor negatively affects vehicular or pedestrian safety, the vendor activity shall be prohibited.
(3) In residential districts, vendor motor vehicles shall comply with Vehicle Code § 22455 and Title 10 of this Code.
(5) Vendors shall not be permitted to operate in the Downtown Pedestrian or Downtown Mixed Use Zoning Districts, except as authorized by the City.
(6) Vendors shall not be permitted to operate within 100 feet of another stationary vendor with a valid vendor license, (i.e., motor vehicle or sidewalk vendor) or Food Vendor Group Site as defined in CMC 18.200.210. (7) Vending within 100 feet of the property line of any school shall not be permitted during lunch or within one hour before or one hour after school drop off and pick up operations. (8) Vending on streets immediately adjacent to a City park shall be prohibited, except as authorized by the City.
(9) Vendors shall be prohibited on streets in or abutting residential districts, except as otherwise allowed in special vendor activities and locations below.
(c) Special vendor activities and locations.
(1) Ice cream trucks are permitted without a vendor license on streets with a posted speed limit of 25 miles per hour or less. Ice cream trucks shall comply with California Vehicle Code Section 22456. (2) Solano Flea Market. Up to five vendor motor vehicles are permitted in the designated area on Arnold Industrial Place, subject to a vendor license from the Planning Division. (3) Vending is permitted without a vendor license at community and neighborhood events and fundraisers provided these occur no more frequently than three times per year at any specific address, the vendor is invited by the person or entity hosting the event (i.e., person or entity with possession or control of the adjacent property), and no event may exceed two consecutive days.(d) Prohibited vendor motor vehicle locations. Based upon traffic volumes which exceed 15,000 average daily vehicles or a posted traffic speed of 35 miles per hour or greater, the following streets are determined to be unsuitable for vendor motor vehicles:
(1) Clayton Road from Highway 680 to the eastern city boundary; (2) Concord Avenue from Contra Costa Boulevard to Salvio Street; (3) Concord Boulevard from Galindo Street to the eastern city boundary; (4) Denkinger Road from Concord Boulevard to Clayton Road; (5) Galindo Street from Cowell Road to Salvio Street;
(6) Kirker Pass Road from the northeast city boundary to Clayton Road; (7) Monument Boulevard from the western city boundary to Cowell Road; (8) Port Chicago Highway from the northern city boundary to Salvio Street; (9) Treat Boulevard from Clayton Road to the southwestern city boundary; Attachment 4

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(10) Willow Pass Road from Contra Costa Boulevard to the city boundary; (11) Ygnacio Valley Road from Clayton Road towestern city boundary; (12) Market Street from Concord Avenue to the connection with Meadow Lane.

Streets with speed limits which change to 35 miles per hour or greater following adoption of this article will automatically be deemed unsuitable for vendor motor vehicles.Additional authority of Chief of Planning to designate prohibited locations. In addition to those streets identified in subsection (d) of this section, the Chief of Planning in consultation with the Director of Engineering and Transportation may designate other streets, roads, and public rights-of-way where vendors are not permitted to operate.12.050.040 Vendor licenses. (a) Review Authority. The Planning Division shall be the review authority for vendor licenses. (e) b) Application and permitlicense procedures.
(1) A person desiring to engage in a vendor operation as defined by this section shall submit a written application in a form acceptable to and with all supporting information required by the Chief of Planning Division. Prior to initiating any vending operations, all necessary approvals shall be obtained, including a permitvendor license from the Chief of Planning Division, Zoning Administrator, or Planning Commission as appropriateand the permits and licenses listed below.
(2) There shall be a nonrefundable, nontransferable fee for processing an application under this section. The fee shall be that established by the City Council in the Resolution of Fees and Charges. (3) Vendor applicants must provide the city with written authorization of the proposed activity from the property owner prior to submitting an application for a vendor’s permit. (4)a. Business license. Every vendor shall obtain a city business license in accordance with CMC Chapter

5.05 of this Code and comply with any other related state licensing, as applicable. b. County Environmental Health Division consumer protection permit. A permit is required from the Ccounty Environmental Health Department in order to sell or offer food and/or beverages for sale. Such permits shall be obtained prior to and a copy submitted along with the vendor application materials required by the city.
c. State seller’ s permit. Vendors must obtain a seller’s permit issued by the California Department of Tax and Fee Administration.
(2) Every vendor operating a vendor motor vehicle shall provide proof of a valid California driver’s license, current vehicle registration, a copy of an applicable vehicle insurance policy, and personalgeneral liability and property damage insurance policy, or a certificate in lieu of delivery of actual policiestogether with an insured endorsement, in a form and amounts acceptable to the City Attorney. Such policies shall name the city as an additional insured.
(53) To the extent permitted by law, Approved approved vendors operating on public streets or rights-of-way shall enter into an agreement indemnifying, defending, holding harmless, and agreement releasing the Ccity of all liability in the event of an accident or injury resulting from the vendor’s location or operations. (64) Upon request by any person, or at the discretion of the Chief of Planning Division, a vendor’s application may be referred to either the Zoning Administrator or Planning Commission. (c) Vendor license timeframe. Unless a different time period is specified by a Zoning Administrator’s permit or use permit vendor license as required by other provisions of this section, vendor permitslicenses are valid for a period not to exceed 12 months. A permitvendor license may be renewed for an additional period of up to 12 months per renewaleach, at the discretion of the Planning ManagerDivision. No permitvendor license shall be transferable, except with the written consent of the Planning ManagerDivision.

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(4) Compliance with code requirements. Permits granted hereunder shall not exempt vendors, vendor motor vehicles, structures, or facilities from the requirements of the Building Code, and related health or safety codes. (5) Business license. Every vendor shall obtain a city business license in accordance with chapter 5.05, of this Code and comply with any other related state licensing, as applicable. (6) Display of licenses and permits. At all times while vending, a valid city business license and other required permits shall be displayed at the vending site or on the vendor vehicle, as applicable. (7) County Environmental Health Division consumer protection permit. A permit is required from the county Environmental Health Department in order to sell or offer food and/or beverages for sale. Such permits shall be obtained prior to and a copy submitted along with the vendor application materials required by the city.
(g) Permit (1) The Planning Division may deny applications for renewal if it is determined that the applicant has failed to pay any previous business license fees, administrative citations, or fines. (d) License suspension and revocation..
(1) Grounds for suspension or revocation. The Planning ManagerDivision may suspend or revoke a vendor’s permitvendor license or modify its conditions for reasons including, but not limited to, any of the following:
a. Falsifying any information or omitting a fact required to be supplied by the permitteelicensee upon which issuance of the permitvendor license was based.
b. Conviction of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the permit or license was issued. c. Commission of acts involving dishonesty, fraud, or deceit with the intent to substantially benefit the applicant or another, or substantially injure another.
d. Commission of acts which would constitute a felony or which would constitute a crime if the acts are substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the permit or license was issued.
e. Violation of any zoning, health, safety, fire, police or other provision of this Code or of countyCounty, state, or federal law relating to the permitted activity which substantially affects the public health, safety, or welfare, or safety.
f. Violation of the terms and conditions of the permitvendor license or other requirements of this chapterChapter.
(2) Notice. Notice of revocation. Notice ofsuspension or revocation shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permitlicense holder address as set forth on the application for a permitlicense. Service shall be deemed made on the permitlicense holder on the date personally delivered or on the date of mailing.
(3) Request for appeal. No suchsuspension or revocation shall become effective until expiration of the appeal period. A permitlicense holder may appeal such suspension or revocation to the City Manager, or his assigneedesignee, by filing a written notice of appeal with the Planning Division within ten days following the date of service of such decision. If a timely appeal is filed, the suspension or revocation shall be stayed pending the decision of the City Manager, or designee. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.
(4) Revocation hearing. Hearing. Upon receipt of a timely appeal, the City Manager, or his designee, shall endeavor to hear such appeal within 20 businessno more than 45 days followingfrom the dateCity’s receipt of suchan appeal, unless both the appellant and City consent to a later date. The City Manager, or designee, shall give the appellant not less than five days advance notice of the date of such hearing. The decision of the City Attachment 4

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Manager, or designee, shall be based upon the criteria set forth in subsections (cb) and (g) of this section d) of this section which arpertaine applicable to the issuance or suspension or revocation of a vendor’s permitlicense.

The appellant shall be notified of the decision of the City Manager, or his designee, by mailed, written notice.

The decision of the City Manager, or his designee, shall be final. No suspension or revocation of a permitlicense pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager’s, or his designee’s, decision. Provided, however, no permitvendor license holder shall operate during any period of time in which the insurance coverage required by this section is not in full force and effect.
(5) Summary suspension. The Planning Manager may summarily suspend the permittee’s permit for one or more periods of up to one week (7 days) each, but only if the Planning Manager determines that a violation of a permit condition or other requirement of this chapter creates an imminent danger to the public health, safety or welfare, or a disturbance of the peace. Reapplication following revocation or suspension. No person or entity whose license is revoked or suspended shall be eligible to apply for a new license for a period of one year following such revocation or suspension.
a. A written notice of summary suspension shall state the grounds and reasons upon which the summary suspension is based, and shall be delivered to the permittee at the address stated on the application or permit at the time of the summary suspension.
b. The notice of summary suspension shall advise the permittee that the City Manager, or his designee, will hold a hearing to affirm, modify, or overrule the summary suspension decision. The notice shall state the time and place of the hearing, which hearing shall be held not later than twenty-four hours of the time of issuance of the summary suspension.
c. At the hearing before the City Manager, or his designee, the permittee shall be given the opportunity to present reasons why the permittee is not responsible for the violation giving rise to the summary suspension.
d. The hearing will be conducted informally and technical rules of evidence shall not apply. Any and all other evidence which the City Manager, or his designee, deems reliable, relevant, and not unduly repetitious may be considered.
e. At the close of the hearing, the City Manager, or his designee, shall issue an oral or written decision which either affirms, modifies, or overrules the summary suspension. The City Manager, or his designee, shall issue an oral decision upon conclusion of the hearing or may communicate the decision by telephone within twenty-four hours of the hearing and shall mail a written confirmation of the decision within five working days of the close of the hearing.
(6) Reapplication following revocation or suspension. No person or entity whose permitlicense is revoked or suspended shall be eligible to apply for a new permitlicense for a period of one year following such revocation. or suspension.
(f)12.50.050 Operating regulations.
(1a) Compliance with regulations; parking and motor vehicle regulations. a.(1) Vendor motor vehicles engaged in vending upon a public street or public right(s)-of-way may vend only when operating in compliance with the regulations established by this section. b. Vendor vehicles must be brought to a complete stop and lawfully parked adjacent to the curb consistent with Vehicle Code § 22500 et seq. and the provisions of Title 10 articles V and VI, prior to initiating vending operations. Vendors from(2) Vendor motor vehicles shall be required to comply with all traffic rules and regulations set forth in the stateCalifornia Vehicle Code and the Municipal Code., including coming to a complete stop and parking lawfully adjacent to the curb prior to initiating vending operations. (23) Vendors shall not solicit or conduct business with persons in motor vehicles.

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(b) Conditions of approval Chief of Planning may impose reasonable conditions on operations. The Chief of Planning Division may impose reasonable conditions on vendor operations. Such conditions may include, but not be limited to:
a.(1) Restricting days and hours of operation, contingent upon the vending location. b.(2) Limiting the size and scope of the activity.
c.(3) Prescribing the size and appearance of vendor motor vehicles, structures, and facilities. d.(4) Prescribing the size, quantity, and location of signs and other advertising devices. e.(5) Requiring a minimum number of persons to be on duty. f.(6) Controlling the locations for employee and customer parking. g.(7) Regulating refuse collection and cleanup of the premises. (3) Zoning Administrator’s permit or use permit required. Unless a different time period is specified by a Zoning Administrator’s permit or use permit as required by other provisions of this section, vendor permits are valid for a period not to exceed 12 months. A permit may be renewed for an additional period of up to 12 months each, at the discretion of the Planning Manager. No permit shall be transferable, except with the written consent of the Planning Manager.
(4(c) Compliance with code requirements. Permits Licenses or permissions granted hereunder shall not exempt vendors, vendor motor vehicles, structures, or facilities from the requirements of the Building Code, and related health or safety codes. and related health or safety codes and other applicable federal, state, County, and local laws, including without limitation:
(1) Building Code and related health or safety codes;
(2) State and County food preparation, handling, and labeling requirements; (3) Fire codes and regulations;
(4) Noise standards;
(5) Firearms regulations;
(6) Alcoholic beverages, tobacco products, cannabis, electronic cigarettes, smoking devices and controlled substances regulations;
(7) Sanitation and health standards; and
(8) Americans with Disabilities Act of 1990 and other disability access standards (both state and federal). (5) Business license. Every vendor shall obtain a city business license in accordance with chapter 5.05, of this Code and comply with any other related state licensing, as applicable. (6(de) Display of licenses and permits. At all times while vending, a valid city business license and other required licenses and permits shall be displayed at the vending site or on the vendor motor vehicle or cart, as applicable. (7) County Environmental Health Division consumer protection permit. A permit is required from the county Environmental Health Department in order to sell or offer food and/or beverages for sale. Such permits shall be obtained prior to and a copy submitted along with the vendor application materials required by the city. (ef) Prohibited items. Vendors shall not vend alcohol, cannabis or cannabis accessories (as defined in CMC Section

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paraphernalia (as defined in CMC Section 9.05.020), fireworks, flammable or toxic materials, prescription drugs or medical supplies, counterfeit goods, stolen merchandise, animals, or any weapons (including ammunition, knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun). (Code 1965, § 6802; Code 2002, § 90-103. Ord. No. 96-8; Ord. No. 02-5; Ord. No. 14-6, § 13) Editor’s note: Section 12.50.030(h) derived from Ord. No. 02-5, § 2, and was renumbered as 12.50.030(g) as set out herein above at the discretion of the editor.

12.50.040060 Exemptions.

The following activities shall be exempt from the provisions of this article:
(1) Sales of Christmas trees between the dates of November 25 and December 25, inclusive. A city administrative occupancy permit and business license are required; (2) Sales of pumpkins between the dates of October 1 and October 31. A city administrative occupancy permit and business license are required;
(3) Garage sales at single or multiple family residences, provided that no more than three such sales shall occur in any six-month period at any residence.
(4) Events authorized or approved under Division IV of CDC Title 18. (1) Sidewalk vending, as defined in Government Code Section 51036(a) and regulated in Chapter 12.55 of this Code.
(2) Vending in parks or other Ccity property when licensed by the city as a concessionaire or approved via a duly-issued City of Concord permit or license.
(3) Vending approved as part of a permitted certified farmers’ market or other events sponsored or expressly authorized by the city, including events subject to a temporary use permit or special event permit. (4) Sidewalk cafes and outdoor eating areas regulated by CMC Chapter 12.45 and CMC Section 18.200.190. (5) Outdoor sales and displays regulated by CMC Section 18.200.160. (6) Vending at schools, attendance at which satisfies the state requirements for compulsory education, as part of school-sponsored events or fundraisers approved by the school. (Code 1965, § 6803; Code 2002, § 90-104. Ord. No. 96-8; Ord. No. 02-5)

12.50.070 Procedures and guidelines.

The City Manager is hereby delegated the authority to promulgate procedures, regulations, and guidelines to aid in the implementation of this Chapter.

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Chapter 12.55

SIDEWALK VENDING
Sections:

12.55.010 Purpose.

12.55.020 Definitions.

12.55.030 Procedures and guidelines

12.55.040 Sidewalk vending license required.

12.55.050 Review of sidewalk vending license application; decision.

12.55.060 Sidewalk vending l icense expiration and renewal.

12.55.070 Sidewalk vending l icense suspension or revocation.

12.55.080 Appeals.

12.55.090 Sidewalk vending l icense nontransferable.

12.55.100 Locations where vending prohibited.

12.55.110 Operational requirements.

12.55.120 Violations – penalties.

12.55.130 Ability-to-pay determination.

12.55.010 Purpose.

The state legislature passed Senate Bill (“SB”) 946 in 2018 and SB 972 in 2022, supporting sidewalk vending in order to promote entrepreneurship and support immigrant and low-income communities, and made specific findings in furtherance of those bills.

In recognition thereof, 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 state law, as may be amended, to promote safe vending practices; prevent safety, traffic, and health hazards; and preserve the public peace, safety, and welfare of the community. The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent 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.

12.55.020 Definitions.

The following words and phrases, whenever used in this Chapter 12.55, shall mean as follows:
“Adult-oriented material” means any products, including but not limited to, books, magazines, photographs, drawings, sculptures, audio/visual representations, or other merchandise which is characterized by exposure of specified anatomical areas or sexual activities.
"Cart" means any pushcart, pedal-driven cart, wagon, bicycle, tricycle, display, rack, showcase, stand, table, or other non-motorized cart or conveyance (that is not a vehicle as defined in the California Vehicle Code), other wheeled container or mechanism, and includes a stationary cart or a roaming cart. "California Retail Food Code" means Part 7 of Division 104 of the California Health and Safety Code (commencing at Section 113700).
"Certified farmers’ market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter, as may be amended.
“City” means the City of Concord.
“City Manager” means the City Manager of the City of Concord, or designee.

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“County” means Contra Costa County.
"Director" means the Director of Community Development of the City of Concord, or designee. “Food" means any type of edible substance or beverage.
"Goods" or "merchandise" means any items or products of every kind and description, including all food, produce, and beverage items.
“Health Department” means Contra Costa County Environmental Health or other division within Contra Costa County regulating the vending of food.
"Health Department Permit" means any and all licenses, permits, certifications, and courses required and issued by the Health Department to vend food within the City in accordance with this Chapter. "Person" shall mean one (1) or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, non-profit, or any other activity. "Roaming sidewalk vendor or vending" has the same meaning as set forth in Government Code Section 51036(b) and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction. "Rules and regulations" means the procedures, rules, regulations, and guidelines if any, promulgated by the City Manager, concerning sidewalk vending that are intended to clarify and aid in the administration and enforcement of this Chapter.
"Sidewalk'' means any paved surface in the public right-of-way or public parks provided for the use of pedestrians and includes pedestrian paths, parkways, public sidewalks, or other interests therein owned, held, leased, operated, or otherwise controlled by the City.
"Sidewalk vendor" has the same meaning as set forth in Government Code Section 51036(a), and includes a person who vends, operates, engages in, manages, or carries on a food or goods/merchandise vending business from a cart, or from one’s person, upon a public sidewalk, pedestrian path, or other public right-of-way available to pedestrians. "Sidewalk vending license” means a license issued by the City to vend food, goods, or merchandise within the City in accordance with this Chapter.
"State seller's permit" means a permit issued by the California Department of Tax and Fee Administration. "Stationary sidewalk vendor or vending" means a sidewalk vendor who vends from a fixed location as set forth in Government Code Section 51036(c).
"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, as may be amended.
"Temporary special permit" means an event authorized by a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, temporary event permit, contract, license agreement, temporary use permit, or any similar approval for purposes including, but not limited to, filming, parades, sporting events, festivals, carnivals, or outdoor concerts.

12.55.030 Procedures and guidelines.

The City Manager is hereby delegated the authority to promulgate rules and regulations to aid in the implementation of this Chapter.

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12.55.040 Sidewalk vending license required.
(a) No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the City without first obtaining a sidewalk vending license pursuant to this Chapter, unless otherwise exempt pursuant to this Chapter.
(b) To apply for a sidewalk vending license, a person must file an application with the Planning Division accompanied by a non-refundable application fee in an amount established by resolution of the City Council. (c) Exceptions. A sidewalk vending license 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) Vending in parks or other City property when licensed by the City as a concessionaire or approved via a duly-issued City of Concord permit.
(4) Vending approved as part of a permitted certified farmers’ market, permitted swap meet, or other events sponsored or expressly authorized by the city, including events subject to a temporary special permit. (5) Outdoor sales and displays regulated by CMC Section 18.200.160. (6) Vending at schools, attendance at which satisfies the state requirements for compulsory education, when sponsored or co-sponsored by the school, provided all licenses required by state law or County ordinance are obtained.

12.55.050 Review of sidewalk vending license application; decision. (a) The Director shall deny the issuance of a sidewalk vending license if it is determined that:
(1) Information contained in the application, or supplemental information requested from the sidewalk vendor, is materially false, misleading, or fraudulent; (2) The sidewalk vendor has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; (3) The sidewalk vendor has failed to demonstrate an ability to conform to the prohibitions, restrictions, and operating standards set forth in this Chapter;
(4) The sidewalk vendor has failed to pay any previous business license fees, administrative citations, or fines; complete any community service; and/or complete any other alternative disposition associated with a previous violation of this Chapter; or
(5) The proposed vending operations are in violation of any federal, state, or local law or ordinance and/or approval of a sidewalk vending license would be contrary to legal requirements applicable to the City. (b) If the sidewalk vending license is denied, written notice of such denial and the reasons therefore shall be provided to the sidewalk vendor by mail, at their last known address within seven (7) calendar days of the date of decision. Such denial may be appealed pursuant to Section 12.55.070 (Appeals).

12.55.060 Sidewalk vending license expiration and renewal. (a) A sidewalk vending license shall be valid for one year from the date of issuance unless revoked or suspended prior to expiration.
(b) A sidewalk vending license shall be deemed null and void upon the revocation, suspension, or expiration of any of the following:
(1) City of Concord business license;
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(2) Health Department Permit or other permit required from the County; and/or (3) State seller’s permit.
(c) An application to renew a sidewalk vending license shall be made not less than ninety (90) days prior to the expiration of the current license. A valid business license shall be applied for or renewed concurrently with the sidewalk vending license each year.
(d) No person or entity whose sidewalk vending license is denied or revoked shall be eligible to apply for a new sidewalk vending license for a period of one year following such denial or revocation.

12.55.070 Sidewalk vending license suspension or revocation. (a) The Director may suspend or revoke a sidewalk vending license issued to a sidewalk vendor for the term of that license upon the fourth violation or subsequent violations of this Chapter, at their discretion, or for any of the following reasons:
(1) Falsifying or misrepresenting any information or omitting a fact required to be supplied by the sidewalk vendor upon which issuance of the sidewalk vending license was based. (2) Conviction of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the sidewalk vending license was issued. (3) Commission of acts involving dishonesty, fraud, or deceit with the intent to substantially benefit the sidewalk vendor or another or substantially injure another. (4) Commission of acts which would constitute a felony or which would constitute a crime if the acts are substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the sidewalk vending license was issued.
(5) Violation of any zoning, health, safety, fire, police, or other provision of this Code or of County, state, or federal law relating to the licensed activity which substantially affects the public health, safety, or welfare.
(6) Failure to pay any previous business license fees, administrative citations, or fines; complete any community service; and/or complete any other alternative disposition associated with a previous violation of this Chapter.
(7) Violation of the terms and conditions of the sidewalk vending license or other requirements of this Chapter.
(8) Fraud or misrepresentation in the course of vending. (9) Vending in a manner that violates this Chapter, creates a public nuisance, threatens the public health, safety or welfare, or otherwise constitutes a danger to the public. (b) Notice of suspension or revocation shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the sidewalk vending license holder at the address as set forth on the application for a license. Service shall be deemed made on the sidewalk vending license holder on the date personally delivered or on the date of mailing.

12.55.080 Appeals
(a) Request for appeal. No denial, suspension, or revocation shall become effective until expiration of the appeal period. A sidewalk vending license holder may appeal such denial, suspension, or revocation to the City Manager by filing a written notice of appeal with the Planning Division within ten (10) days following the date of service of such decision accompanied by a non-refundable appeal fee in an amount established by resolution of the City Council. If a timely appeal is filed, the denial, suspension, or revocation shall be stayed pending the decision of the City Attachment 4

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Manager. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.
(b) Denial or Revocation hearing. Upon receipt of a timely appeal, the City Manager shall endeavor to hear such appeal no more than 45 days from the City’s receipt of an appeal, unless both the City and appellant consent to a later date. The City Manager shall give the appellant not less than five days advance notice of the date of such hearing. The decision of the City Manager shall be based upon the criteria set forth in Chapter 12.55 which are applicable to the issuance, suspension, or revocation of a sidewalk vending license. The appellant shall be notified of the decision of the City Manager by mailed, written notice. The decision of the City Manager shall be final. No suspension or revocation of a sidewalk vending license pursuant to this Chapter shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager’s, decision. Provided, however, no sidewalk vending license holder awaiting a revocation hearing shall operate during any period of time in which the insurance coverage required by this section is not in full force and effect or pending a denial hearing.

12.55.090 Sidewalk vending license nontransferable.

No sidewalk vending license granted pursuant to this Chapter shall be transferable. Any change in ownership or operation of a cart requires a new sidewalk vending license under this Chapter

12.55.100 Locations where prohibited.

No sidewalk vendor shall set up a vending cart or otherwise operate in any of the following locations:
(a) Residential Zones. In areas that are zoned exclusively for residential use. This prohibition does not extend to roaming sidewalk vendors.
(b) ADA Path of Travel. In a location or manner that blocks or impedes the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than four (4) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices and to comply with the Americans with Disabilities Act of 1990 (Public Law 101336) and any other disability access standards.
(c) Parks.
(1) In parks where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. Stationary sidewalk vendors may vend in parks that do not have signed agreements for exclusive food or merchandise concessionaires if they comply with all the requirements of this Chapter. This prohibition does not extend to roaming sidewalk vendors. (2) In any city park during hours that the park is not open to the public. (3) On or within 50 feet of any playground, sports and recreation facilities as defined in CMC Section

18.20.020, fountain, statue, monument, art installation, or park restrooms. (4) On or within 25 feet of any park benches, picnic areas, or park furniture. (5) As necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities. (6) As necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(d) Farmers Markets, Swap Meets, Temporary Special Events. Within five hundred (500) feet of a permitted certified farmers’ market, a permitted swap meet, or any area subject to a temporary special event permit during the operating hours thereof. The distance shall be measured from the nearest boundary of the parcel and/or edge of the designated area authorized for the event.
(e) Landscaped Areas. In areas improved with lawns, flowers, shrubs, street trees, or other landscaping.

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(f) Roadways, Medians, Dividers, Trails. Upon or within any trail, roadway, median strip, or dividing section, or where placement impedes the flow of pedestrian or vehicular traffic. (g) City Parking. In any City-owned or operated parking area or parking lot, including the parking lot of a public park.
(h) Public Parking. Within any marked parking space or stall in any public parking lot, as may be designated with paint or other markings to indicate where parking is permitted. (i) Within fifteen (15) feet of a driveway, driveway apron, or alley approach. (j) Within ten (10) feet of a utility meter, manhole, service box, tree well, streetlight pole, power pole, telecommunications pole, or other above-ground utility. (k) Within twenty-five (25) feet of:
(1) A street corner, controlled intersection, marked crosswalk, or the curb return of any unmarked crosswalk. (2) A traffic signal.
(3) A fire hydrant, fire call box, traffic signal controller cabinet, or other emergency apparatus, equipment, or facility.
(4) Any curb controls.
(5) A bus stop, bus shelter, or bus bench.
(6) The entrance, exit, or emergency exit to a business, building, structure, or facility during the hours that the business, building, structure, or facility is open to the public. (7) A trash receptacle, bike rack, public restroom, public benches, tables, or furniture, or similar public use items.
(8) An automated teller machine (ATM).
(9) An outdoor dining area.
(10) A stationary sidewalk vendor with a valid sidewalk vending license. (l) Within one hundred (100) feet of:
(1) A police officer, firefighter, lifeguard, or emergency service personnel who are actively performing their duties or providing services to the public.
(2) A freeway on ramp or a freeway off ramp.
(3) Any pedestrian or vehicular entrance to any public or private school facility during lunch, and not within one hour before or one hour after school drop off and pick up operations. (4) A motor vehicle vendor with a valid vendor license. (m) City Facilities. At any city facility where business is being conducted.

12.55.110 Operational requirements.

In addition to the other requirements of this Chapter, all sidewalk vendors shall comply with the following operational requirements:
(a) All food and goods/merchandise shall be stored either inside or affixed to a cart or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on public or private property. Food and Attachment 4

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merchandise cannot be displayed on the ground, or on public use items including, but not limited to, benches, tables, and utility boxes.
(b) No vendor shall set up tables, tents, awnings, freestanding umbrellas, or customer seating areas. (c) The overall space taken up by the cart, including any food or goods/merchandise affixed to the cart, except as provided in (1) below, shall not exceed fifteen (15) square feet (calculated by multiplying the length times the width), and also not exceed a linear distance greater than five (5) feet on any one side. Merchandise such as banners, flags, and pennants must be displayed directly on the cart and shall not extend above or beyond the cart. (1) One umbrella not exceeding six (6) feet in diameter or six (6) feet on any one side may be attached solely to the cart. The umbrella shall not exceed eight (8) feet in height as measured from the ground and shall not extend laterally more than one (1) foot beyond the cart. (d) Sidewalk vendors shall provide a trash receptacle for customers in or on their cart and shall ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and properly dispose of all trash or refuse generated by the vending operations or the sidewalk vendor’s customers within a fifteen (15) foot radius of the vending location. (e) Sidewalk vendors shall immediately clean up any trash, food, grease, or any other fluid or item that falls on public property related to sidewalk vending activities. (f) Sidewalk vendors of food or food products shall possess and display in plain view on the cart a valid public Health Department Permit and operate in accordance with such Permit. (g) Sidewalk vendors shall possess and display in plain view on the cart or on the sidewalk vendor’s person at all times while vending, a valid sidewalk vending license issued pursuant to this Chapter, a valid City-issued business license, as well as any other permit or license required by the City and any other appropriate governmental agency. (h) All signage and advertising related to the sidewalk vendor shall be attached to the cart or the sidewalk vendor’s person. No signs or displays may be placed on public or private property. Lighted signs are prohibited. (i) To the extent permitted by law, sidewalk vendors shall enter into an agreement indemnifying, defending, holding harmless, and releasing the City of all liability in the event of an accident or injury resulting from the sidewalk vendor’s location or operations, and every sidewalk vendor shall maintain and possess at all times while vending a general liability and property damage insurance policy, together with an insured endorsement, in a form and amounts acceptable to the City Attorney. Such policies shall name the city as an additional insured. (j) Sidewalk vendors shall comply with all applicable federal, state, County, and local laws, including without limitation:
(1) State and County food preparation, handling, and labeling requirements; (2) Fire codes and regulations;
(3) Noise standards;
(4) Firearms regulations;
(5) Alcoholic beverages, tobacco products, cannabis, electronic cigarettes, smoking devices and controlled substances regulations;
(5) Sanitation and health standards; and
(6) Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

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(k) All sidewalk vendors shall allow a police officer, firefighter, fire prevention specialist, code enforcement officer, health inspector, or other government official charged with enforcing laws related to the sidewalk vendor’s activities, at any time, to inspect their cart.
(l) Carts shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or any other objects within public property or the public right-of-way. No cart shall become a permanent fixture at the vending location or be considered an improvement to real property. (m) Carts shall not be left unattended or stored on public property or within the public right-of-way. Carts shall be removed from public property or from the public right-of-way when not in active use by a sidewalk vendor. (n) Carts must include any power, fuel, cooling, cooking, shading, or heating source or equipment. Sidewalk vendors shall not attach or use water spigots, fountains, or lines; generators; electrical outlets, lines, or cords; or gas lines while vending.
(o) Sidewalk vendors shall only use heating methods powered by electricity, butane, propane, or natural gas. Any sidewalk vendor using cooking or heating equipment shall have a fire extinguisher. Propane, natural gas, or butane cylinder tanks must be 20-pound tanks or less; stored in an upright position during use; positioned in such a way to prevent falling, tripping, and tampering; and shall not cause a hazard. (p) Sidewalk vendors shall not place any type of fencing or other dividers around the cart. (q) Sidewalk vendors shall not vend alcohol, cannabis or cannabis accessories (as defined in CMC Section

5.80.020), adult-oriented material, adult-oriented merchandise (as defined in CMC Section 5.75.020), tobacco, tobacco products, tobacco paraphernalia (as defined in CMC Section 5.100.100), prohibited substances or other paraphernalia (as defined in CMC Section 9.05.020), fireworks, flammable or toxic materials, prescription drugs or medical supplies, counterfeit goods, stolen merchandise, or any weapons (including ammunition, knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun). (r) Sidewalk vendors shall not vend live animals, wildlife, fish, fowl, or insects. (s) Sidewalk vendors shall not vend out of a parked vehicle or to customers in vehicles. (t) Sidewalk vendors shall not rent out merchandise or goods or vend services. (u) No sidewalk vendor or cart may use an analog, mechanical, or electronic instrument or device that produces sound.
(v) Roaming sidewalk vendors shall move continuously, except when conducting a sale, which must last no more than fifteen (15) minutes. In no event shall a roaming sidewalk vendor conduct their operations in a manner to constitute operating in a fixed location.
(w) Stationary sidewalk vendors who operate after daylight hours shall provide adequate lighting that may be necessary to ensure customer safety. Lighting shall be directed downwards and away from adjacent properties. (x) Unless exempted by Health and Safety Code Sections 114368.7 or 114315 (as applicable) or otherwise set forth in an approved sidewalk vending license, a stationary sidewalk vendor who vends food must operate within two hundred (200) feet of a functioning and readily available toilet and handwashing facility. If the toilet and handwashing facility is located on private property, the sidewalk vendor must possess a copy of an enforceable contract between the private property owner and the sidewalk vendor allowing the vendor to utilize such facilities, including the days and hours of operation.
(y) Sidewalk vending shall be limited to the following hours:

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(1) In residential areas (i.e., zoned exclusively for residential use), roaming sidewalk vending shall be permitted between 9:00 a.m. and 6:00 p.m. Pursuant to Section 12.55.100(a), stationary sidewalk vending is prohibited in such areas.
(2) In nonresidential areas, sidewalk vending hours shall be specified in the approved sidewalk vending license; 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. (3) In parks, sidewalk vending shall be permitted during the hours the parks are open to the public. (z) No more than three carts shall be operated by the same or substantially similar sidewalk vendor. For purposes of determining if this standard applies, the City Manager is hereby delegated the authority to determine whether or not vendors are “the same or substantially similar” using those criteria the City Manager deems appropriate.

12.55.120 Violations - penalties.

Sidewalk vending in violation of this Chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to the following:
(a) For vending without a sidewalk vending license, an administrative citation together with an administrative fine not to exceed:
(1) Two hundred fifty dollars ($250.00) for a first violation; or (2) Five hundred dollars ($500.00) for a second violation within one year of the first violation; or (3) One thousand dollars ($1,000.00) for each additional violation within one year of the first violation. (4) Upon proof of a valid sidewalk vending license issued by the Planning Division, the administrative fine in Section 12.55.130(a) will be reduced to the corresponding administrative fine in Section 12.55.130(b). (b) For every other violation of this Chapter, an administrative citation together with an administrative fine not to exceed:
(1) One hundred dollars ($100.00) for a first violation; or (2) Two hundred dollars ($200.00) for a second violation within one year of the first violation; or (3) Five hundred dollars ($500.00) for each additional violation within one year of the first violation. (4) The Director may rescind a sidewalk vending license for the remaining term of the license upon a fourth or subsequent violation of this Chapter. Such rescission of the sidewalk vending license is final and not subject to the appeal procedures set forth in Section 12.55.070 (Appeals). (c) Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the City may levy a lien on the violator’s real or personal property, including the cart used for vending purposes. (d) An administrative violation constitutes a separate and distinct violation for each day that it exists, and each such violation may be subject to the maximum fine permitted under this Chapter. (e) The procedures for issuing and appealing administrative citations and fines under this section shall be as set forth under CMC Sections 12.55.070, 12.55.080, and 12.55.130.

12.55.130 Ability-to-pay determination
When assessing administrative citations pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine.

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(a) Any fine issued under Section 12.55.120 will be accompanied with a notice of and instruction regarding the right to request 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.
(b) If the requestor meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, as may be amended, the Director will limit the total amount of the requestor’s administrative fine to twenty (20) percent of the total and may:
(1) Allow the person to complete community service in lieu of paying the total administrative fine; or (2) Waive all or part of the administrative fine; or
(3) Offer an alternative disposition.

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Chapter 18.20

GENERAL TERMS
Sections:

Article I. Use Classifications

18.20.010 Purpose and applicability.

18.20.020 Use classifications.

Article II. Definitions

18.20.030 Definitions.
[…]

18.20.030 Definitions.
[…]
"Cart" means any pushcart, pedal-driven cart, wagon, bicycle, tricycle, display, rack, showcase, stand, table, display, or other non-motorized cart or conveyance (that is not a vehicle as defined in the California Vehicle Code), other wheeled container or mechanism, and includes a stationary cart or a roaming cart. […]
“Vendor” means a person who sells, offers to sell, barters, exchanges, distributes, or displays, whether gratis, or for any type of compensation or donation, any type of food, wares, merchandise, samples, coupons, or service at any location other than within a building or structure constructed on a permanent foundation which is occupied, rented, leased, or owned by that person. A person engaged in a business conducted from a building or structure constructed on a permanent foundation that involves outdoor display, sale, or storage of the same types of goods or merchandise sold as part of the primary business activity on those premises shall not be considered a vendor under this chapterTitle 18 (Development Code). Sidewalk cafes regulated by CDMC 18.200.190 are not considered to be vendors under this chapterTitle. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this Title. “Vendor cart” means a small nonmotorized vehicle equipped with a container(s) for food, wares, or other merchandise, and/or services offered for sale, barter, or exchange also called stationary vendors. “Vendor motor vehicle,” also termed roaming vendor, is a motor vehicle from which food items, wares, or other merchandise and/or services are offered for sale, barter, or exchange. A vendor motor vehicle is any vehicle used for commercial purposes including, but not limited to, travel trailers, recreational vehicles, and vans.

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Chapter 18.200

STANDARDS FOR SPECIFIC USES
Sections:

18.200.010 Purpose.

18.200.020 Applicability.

18.200.030 Accessory structures.

18.200.040 Alcoholic beverage sales.

18.200.050 Child day care facilities.

18.200.060 Drive-through facilities.

18.200.070 Emergency shelter and homeless shelters.

18.200.080 Entertainment uses.

18.200.090 Gas stations and car washes.

18.200.100 Home-based businesses.

18.200.110 Live/work or work/live units.

18.200.120 Manufactured homes.

18.200.130 Mechanical and electronic games.

18.200.140 Mixed-use projects.

18.200.150 Mobile home parks.

18.200.160 Outdoor sales and displays.

18.200.170 Recycling facilities.

18.200.180 Accessory dwelling units.

18.200.190 Sidewalk cafes and outdoor eating areas.

18.200.200 Temporary uses and structures.

18.200.210 Food vendor group sites.

18.200.220 Convenience stores.

18.200.230 Lot consolidation incentive program.

18.200.210 Food vendor group sites.

Where allowed by Division II (Zoning Districts – Uses and Standards), food vendor group sites shall comply with the requirements of this section.

A. Purpose. This section provides standards for food vendor group sites, established on private or public property, where allowed by Division II (Zoning Districts – Uses and Standards). Food vendors can bring vitality, pedestrian activity, and spillover economic activity to the surrounding areas while protecting the health, safety, convenience, prosperity, and general welfare of the city and surrounding businesses. It is the intent of these regulations to assure a minimum level of cleanliness, quality, and security.

B. Applicability.

1. This section shall only apply to food vendor group sites, which are sites with the stationary operation of one or more mobile food vendors clustered together on a single private or public property site during a specified time and in accordance with an approved permit. Allall other vendor sites and sales shall comply with the provisions in CMC Chapter 12.50.010 through 12.50.040, Vendors and Chapter 12.55, Sidewalk Vending.

2. Notwithstanding the provisions in this section, all vendors shall also comply with the requirements in CMC

12.50.010 through 12.50.040.

3. This section shall not apply to food vending that occurs as part of a permitted certified farmers’ market, permitted swap meet, or special event; when licensed by the city as a concessionaire or via a duly-issued City Attachment 5

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of Concord permit for the use of public parks pursuant to CMC Section 4.05.040; or when permitted through a temporary use permit or special event permit.

C. Definition.

1. Food Vending. The sale of pre-packaged or prepared foods from a food vendor unit. Food vending activities may include, but are not limited to, the following:
a. The sale of food prepared off site in a commercial kitchen and/or prepared on site within the food vendor unit kitchen, per Contra Costa County health regulations. b. Food ordered and served from the food vendor unit.
c. Take-out counter and space for customer queuing.
d. Prepared food served in disposable wrappers, plates, or containers and sold for on-site or off-site consumption.

2. Food Vendor Unit. A vendor mobile vehicle, truck, trailer, vendor cart, food stand, or other movable wheeledportable equipment or vehicle from which food vending occurs. on public or private property that is not a construction site, sidewalk, pedestrian path, or public right-of-way.

3. Food Vendor. A person who is engaged in food vending.

4. Food Vendor Group Site. A site approved for a specified number of food vendorsthe stationary operation of one or more mobile food vendors clustered together on a single private or public property not within the public right-of-way, where allowed by Division II (Zoning Districts – Uses and Standards), for a specific duration and frequency and subject to specific conditions of approval.

5. Food Vendor Group Site Operator. The individual directly responsible for organizing and/or conducting the food vendor group site and/or the facility manager, or respective designee, for the purpose of determining liability for damage to city or public facilities as a result of a food vendor group site.

6. Permitted Swap Meet. 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.

D. General Requirements.

1. Location. Food vendor group sites shall not be located a minimum distance ofon the same parcel as, or within 100 feet from, any of the following uses (as measured in a straight line frombetween the property line of the parcel containing the food vendor group site to the nearest property line of the followingrespective parcels containing the uses below):
a. Schools. Any public school, unless specifically authorized by the school district, indicating that the school has no objections to the proposed food vendor group site locating on school grounds or within 100 feet of the school grounds.
b. Parks. Any public park or recreation area unless specifically authorized by the city. c. Restaurants. Any full service, limited service, or drive-through restaurant, unless specifically authorized by the restaurant.
d. Any bar, nightclubBars, nightclubs or loungelounges.

22. Number. No more than one food vendor group site shall be allowed on any parcel.

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3. Restrooms. Food vendor group sites shall be located within 200 feet of an available functioning restroom facility, which is available for the vendors and their employees, and customers, unless otherwise set forth in the permit approval for the food vendor group site.

34. Hours of Operation. FoodUnless more restrictive hours are set forth in the permit approval, food vendor group site activities shall not be conducted before 7:00 a.m. or after 9:00 p.m., any day of the week, and all vendor units shall be cleared from the site by 10:00 p.m., unless otherwise set forth in the permit approval for the food vendor group site...

45. Site Circulation.
a. Food vendor units shall not impede circulation, block driveways, drive aisles, parking spaces, or other site improvements which are required for other businesses or uses on the property. b. Food vendor group sites shall not locate in or block parking spaces which serve as required parking for any other business or use on the property.
c. Each food vendor unit at a food vendor group site shall be sited in a manner to ensure that the customer queue maintains a minimum five feet of unobstructed clear path along any public sidewalk or right-of-way when the service window faces the street or sidewalk.
d. Safe and adequate parking shall be provided for customers of the food vendor group site; the number of spaces and the layout shall be submitted with the application for a food vendor group site.

56. Site Conditions. The food vendor group site operator shall be responsible for the improvement, maintenance, and compliance with the conditions of approval, as follows following standards:
a. Installation ofThe site, any required improvements and maintenance of the site, , adjacent right-of-way, and properties within 100 feet of the site in a safe, shall be kept litter -free, and clean manner at during all timeshours of operation. Trash or refuse generated by the food vending activities shall be picked up, removed, and properly disposed of.
b. Installation of dust-proof surfacing of allAll areas of the site to be used by food vendor units and as needed for parking. Dust-proof surfacing shall be defined as paving, shall be graded and properly drained and maintained in a dust-free manner. Surfaces shall be paved with asphaltic concrete, cement concrete, porous asphalt/porous concrete, paving units, or functional equivalent approved by the city engineer. c. Installation and maintenance of adequate lighting to ensure vendor and customer safety. consistent with the city’s photometric standards for a high-use pedestrian activity area, including an average illumination of 4 to 5 foot-candles, a uniformity ratio (max to min) of up to 6:1, and a lighting loss factor of 0.80 (HPS/LPS), 0.85 (Incandescent), or 0.90 (LED/fluorescent). All lighting shall be directed downwards and away from adjacent properties and public streets.
d. Ongoing arrangements and costs for the collection and disposal of waste and trash after each food vendor group site event.
e. The layout of the food vendor group site shall comply with the approved permit and maintain site circulation and access consistent with the Americans with Disabilities Act (ADA). f. Installation, maintenance, and storage of other site amenities such as tables and chairs, portable restroom facilities, and/or temporary shade structures, as required.

67. Security. The food vendor group site operator shall ensure that adequate safety and security measures are implemented, as directed by the Chief of Police or designee.

78. Display and Appearance of Mobile Food Vendor Units.

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a. Each food vendor unit shall display a current business license and current health department permit in plain view, as required by the health department.
b. Food vendor units shall be maintained in movable condition at all times. c. Each food vendor provide at least one 32 gallon trash receptable within 15 feet of their food vendor unit.

Signage shall be limited to approved graphics on the food vendor unit and one A-frame menu board placed within 15 feet of the food vendor unit. All other signage, including temporary and portable signs, is prohibited.

89. Alcohol. The serving or consumption of alcohol is prohibited at food vendor group sites.

10. Storage. Any exterior storage of refuse, equipment, or materials associated with the food vendor group site and each food vendor unit shall be prohibited on the site except during operating hours.

11. Solid Waste and Recycling. Food vendor group sites shall comply with the following:
a. Each food vendor shall provide at least one 32-gallon trash receptacle and a recycling bin located within 15 feet of their food vendor unit.
b. During hours of vending operations, a staff person shall pick up and dispose of any trash within the food vendor group site as soon as possible, but not less than once every hour.

E. Permit Requirements. Where allowed by Division II (Zoning Districts – Uses and Standards), an administrative permit or minor use permit shall be required, in accordance with Division VII (Permits and Permit Procedures).

F. Conditions of Approval. In addition to the requirements in this section, additional conditions may be required as determined necessary to protect the public health, safety, welfare, and order, and to minimize adverse impacts upon the surrounding neighborhood and the general community. Additional conditions may be added, including, but not limited to address, litter, noise, lighting, odors, or smoke. The following conditions shall apply to all food vendor group sites:

1. No more than one food vendor group site shall be allowed on any single property.

2. Any exterior storage of refuse, equipment, or materials associated with the food vendor group site and each food vendor unit shall be prohibited on the site except during operating hours. [Ord. 14-6 § 11].

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Date Published: 09/26/2022 02:00 PM
SB-972 California Retail Food Code. (2021-2022)
Senate Bill No. 972
CHAPTER 489
An act to amend Sections 113818, 113831, and 113868 of, and to add Chapter 11.7 (commencing with Section 114368) to Part 7 of Division 104 of, the Health and Safety Code, relating to retail food. [
Approved by Governor September 23, 2022. Filed with Secretary of State September 23, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 972, Gonzalez. California Retail Food Code.
(1) Existing law, the California Retail Food Code (the code), establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law, for purposes of the code, defines a “cottage food operation” as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than 1 full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged. Existing law provides for the regulation of microenterprise home kitchen operations and limits those operations to not serving more than 30 individual meals per day and not more than 60 individual meals per week and to no more than $50,000 in verifiable gross annual sales, as adjusted for inflation. Existing law authorizes the local enforcement agency to decrease the limit on the number of individual meals prepared based on the food preparation capacity of the operation.

This bill would authorize a cottage food operation or microenterprise home kitchen operation to serve as a commissary or mobile support unit for up to 2 compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile food operation and the storage and cleaning of the compact mobile food operation. The bill would authorize nonpotentially hazardous foods prepared in a cottage food operation to be served from a compact mobile food operation. The bill would define “compact mobile food operation” as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal- driven cart, wagon, showcase, rack, or other nonmotorized conveyance. The bill would require compact food operations to conduct only limited food preparation.
(2) The code defines “limited food preparation” as food preparation that is restricted to specified activities, including dispensing or portioning of nonpotentially hazardous food, slicing and chopping of food on a heated cooking surface during the cooking process, and holding, portioning, and dispensing foods that are prepared at a satellite food service or catering operation.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 5/15/25, 5:10 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 1/8

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This bill would include in the definition of “limited food preparation” dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing, slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility, hot and cold holding of food previously prepared at an approved permanent food facility, and reheating of food that has been previously prepared at an approved permanent food facility and held at the approved temperatures.
(3) The code defines “mobile food facility” and regulates what types of food may be provided at a mobile food facility. The code requires mobile food facilities to meet specified health and safety standards, including access to warewashing sinks, restrooms, and handwashing facilities and required quantities of potable water.

This bill would require a compact mobile food operation to meet the applicable requirements of mobile food facilities, except as specified. The bill would exempt a compact mobile food operation that has 25 square feet or less of display area and sells only prepackaged, nonpotentially hazardous foods or whole uncooked produce from the code, except as specified. The bill would authorize a compact mobile food operation to display or sell food outdoors, if certain conditions are met, including, among other things, overhead protection provided above all food display areas. The bill would require a compact mobile food operation that engages in the preparation of raw meat, raw poultry, or raw fish to meet additional specified requirements. The bill would authorize the enforcement agency to preapprove a standard plan for a standardized or mass-produced facility intended to serve as a compact mobile food operation and would authorize a compact mobile food operation to use that standardized or mass-produced facility after a final inspection, but without submitting plans for the individual unit. The bill would authorize the enforcement agency to collect a fee for the final inspection. (4) Existing law requires commissaries and other approved facilities servicing mobile support units, mobile food facilities, and vending machines to meet specified standards.

This bill would authorize an enforcement agency to approve a facility with nonconforming structural conditions if those conditions do not pose a public health hazard. The bill would also require an enforcement agency to approve the storage of a compact mobile food facility in a permitted permanent food facility if, after initial inspection, the agency determines that the compact mobile food facility is protected from contamination. The bill would authorize the enforcement agency to charge a fee to administer these provisions. (5) The code requires a food facility to have a valid permit to be open for business and authorizes the local enforcement agency to charge a fee for the permit or registration or related services.

This bill would authorize the local enforcement agency to reduce the fee for the permit, registration, or related service for an applicant seeking approval of a compact mobile food operation or related operations. (6) Under existing law, violation of the code is a misdemeanor, unless otherwise specified.

This bill would make violations of the code by an operator or employee of a compact mobile food facility or a sidewalk vendor punishable only by an administrative fine. Additionally, by making changes to the definition of various crimes and by adding new crimes under the code, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 113818 of the Health and Safety Code is amended to read:
113818. (a) “Limited food preparation” means food preparation that is restricted to one or more of the following:
(1) Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2) Dispensing and portioning of nonpotentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing.
5/15/25, 5:10 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 2/8

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(3) Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source. (4) Holding, portioning, and dispensing of any foods that are prepared by a catering operation. (5) Slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process. (6) Cooking and seasoning to order.
(7) Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(8) Hot and cold holding of food that has been prepared at an approved permanent food facility. (9) Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter.
(b) “Limited food preparation” does not include any of the following:
(1) Slicing and chopping potentially hazardous food, other than produce, unless it is on the heated cooking surface.
(2) Thawing.
(3) Cooling of cooked, potentially hazardous food.
(4) Grinding raw ingredients or potentially hazardous food. (5) Washing of foods.
(6) Cooking of potentially hazardous foods for later use. (7) Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products subject to licensing under Division 15 (commencing with Section 32501) of the Food and Agricultural Code.

SEC. 2. Section 113831 of the Health and Safety Code is amended to read:
113831. (a) “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer. (b) “Single operating site mobile food facilities” means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to each other at a single location. (c) “Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

SEC. 3. Section 113868 of the Health and Safety Code is amended to read:
113868. “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceed 100 pounds (46 kg) in weight or is otherwise designed to be mobile.

SEC. 4. Chapter 11.7 (commencing with Section 114368) is added to Part 7 of Division 104 of the Health and Safety Code, to read:

CHAPTER 11.7. Compact Mobile Food Operation
114368. A compact mobile food operation, as defined in subdivision (c) of Section 113831, shall meet the applicable requirements of Chapter 10 (commencing with Section 114294), except as provided in this chapter. 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:
5/15/25, 5:10 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 3/8

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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 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 5/15/25, 5:10 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 4/8

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operations operated by the microenterprise home kitchen operation if the governing body has authorized this action.
(7) With the authorization of the governing body and if the enforcement agency determines that the operation does not pose a public health hazard, a permitted microenterprise home kitchen operation may serve as a commissary for up to two compact mobile food operations. The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 apply unless the governing body sets a higher meal and income limitation.
(8) The governing body of a local jurisdiction that permits microenterprise home kitchen operations pursuant to Section 114367, may set the meal and income limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 at a higher level than provided in those paragraphs for microenterprise home kitchen operations that operate in conjunction with a compact mobile food operation. Notwithstanding this subdivision, the levels in effect, by statute or ordinance, as of January 1, 2023, shall remain in effect until changed by the local jurisdiction.
(b) (1) Existing permanent food facilities may be permitted to support the operations and storage of compact mobile food operations pursuant to the requirements of this section. (2) Notwithstanding any other provision of this part, upon an evaluation verifying that a permanent food facility satisfies subdivisions (a) to (f), inclusive, of Section 114326, an enforcement agency shall approve the use of a permitted permanent food facility to satisfy the requirements of Section 114295 for a compact mobile food operation.
(3) Notwithstanding any other provision of this part, upon an evaluation verifying that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination, an enforcement agency shall approve the storage of a compact mobile food operation in a permitted permanent food facility.
(4) Except when a determination is made by the enforcement agency that any nonconforming structural conditions pose a public health hazard, the enforcement agency may approve a facility to support operations of a compact mobile food operation.
(5) Plan submission shall not be required for an existing permanent food facility to support the operations of a compact mobile food operation when a determination is made by the local enforcement agency that the current operation and structural facilities of the permanent food facility can successfully provide the necessary functions of a commissary for a compact mobile food operation. (6) An approved permanent food facility that will be used for cooling of food for a compact mobile food operation shall be approved by the enforcement agency for cooling. (c) (1) Unless prohibited by local ordinance, an enforcement agency may allow the use of a private home for the storage of a compact mobile food operation if it determines, after an evaluation, that storage in the private home would not pose a public health hazard and that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination. (2) No more than two compact mobile food operations may be stored in a private home unless the enforcement agency finds that storage of more than two compact mobile food operations in a private home would not pose a public health hazard.
(3) The storage area within the home shall be designated and clearly identified upon approval and shall not be relocated without the review and approval of the local enforcement agency. (4) Prepackaged nonpotentially hazardous food, whole fruits, and whole vegetables may be stored in the home prior to sale or preparation of that food in a compact mobile food operation. (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, 5/15/25, 5:10 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 5/8

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food storage, or unauthorized storage of utensils or other food facility equipment in violation of this subdivision.
(d) At the end of the operating day, potentially hazardous food that is prepared on or served from a compact mobile food operation shall be destroyed in a manner approved by the enforcement agency. (e) For the purposes of this chapter, an endorsement by the local enforcement agency shall be a documented and recorded approval of compliance with applicable sections. An endorsement may include an inspection or evaluation, but shall not require a registration or permit. (f) The enforcement agency may collect a fee for any permit, endorsement, inspection, or evaluation issued or conducted pursuant to this chapter in an amount that does not exceed the reasonable administrative costs of the enforcement agency.
114368.4. (a) Except as provided in subdivision (b), a compact mobile food operation that is approved for limited food preparation that prepares raw meat, raw poultry, or raw fish is subject to warewashing and handwashing facility requirements as outlined in Chapter 10 (commencing with Section 114294). (b) (1) A compact mobile food operation may satisfy the requirements of Sections 114313 and 114314 by demonstrating access to a permitted auxiliary conveyance containing the necessary handwashing and warewashing sinks when operating at a site-specific location. The auxiliary conveyance may be operated by the same or a different permitholder. An enforcement agency may permit an auxiliary conveyance to serve multiple compact mobile food operations operating in close proximity to the auxiliary conveyance, as determined by the enforcement agency.
(2) If an auxiliary conveyance is not operated by the permitholder of the compact mobile food operation, the operator of the auxiliary conveyance shall obtain a permit from the enforcement agency to operate the auxiliary conveyance and service compact mobile food operations. (3) The permit application for an auxiliary conveyance not operated by a compact mobile food operation shall include a site plan and shall be submitted to the enforcement agency at least two weeks prior to the operation of any food facility in conjunction with the auxiliary conveyance. (4) The site plan for an auxiliary conveyance not operated by a compact mobile food operator shall show the proposed location and storage of the auxiliary conveyance, the proposed locations of any food facilities that will utilize the auxiliary conveyance, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities. (c) A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall do one of the following:
(1) Provide a three-compartment sink as described in subdivision (a) of Section 114313. (2) Provide at least one two-compartment sink that complies with subdivision (e) of Section 114099.3. (3) Provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to replace those that become soiled or contaminated, and warewashing facilities that comply with subdivision (a) of Section 114313 in reasonable proximity to, and readily accessible for use by, food employees at all times.
(4) Maintain an adequate supply of spare preparation and serving utensils on the compact mobile food operation to ensure that utensils used for potentially hazardous foods are replaced with clean and sanitized utensils every four hours or as needed to replace those that become soiled or contaminated. A compact mobile food operation that complies with this paragraph is not required to provide a warewashing sink. (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.
5/15/25, 5:10 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 6/8

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(f) A compact mobile food operation shall submit, to the enforcement agency, written operating procedures that include the process of filling potable water tanks if it will operate with a water tank with a capacity of less than five gallons specified in subdivisions (c) and (d) of Section 114217. (g) A compact mobile food operation that does not prepare raw meat, raw poultry, or raw fish is exempt from any provision of this part requiring it be equipped with a water heater or otherwise be supplied with warm water. 114368.5. (a) Upon receipt of complete, easily readable plans drawn to scale, and specifications satisfactory to the enforcement agency, an enforcement agency may preapprove a standard plan for a standardized or mass- produced individual unit intended to serve as a compact mobile food operation. (b) A person proposing to operate a compact mobile food operation who has acquired an individual unit for which the construction of the compact mobile food operation has been built to approved plans shall not be required to submit plans for the individual unit, but instead shall be subject to a final inspection of the compact mobile food operation to ensure that the individual unit and proposed method of operation conform to the standard plans preapproved pursuant to subdivision (a). The permit application for a compact mobile food operation utilizing a preapproved individual unit shall include a certification that the applicant has not substantially altered the individual units from the plans preapproved pursuant to subdivision (a). The enforcement agency may collect a fee in the final inspection in an amount that does not exceed the reasonable administrative costs to the enforcement agency.
(c) The repair of equipment or integral fixtures on a compact mobile food operation or the replacement of equipment and fixtures on a compact mobile food operation with substantially similar equipment or fixtures is not a remodel, and the repair or replacement of equipment or fixtures does not require the submission of plans to an enforcement agency.
(d) A local governing body may waive or reduce a fee for the permit, registration, or related services for an applicant seeking approval of a compact mobile food operation or related operations. (e) All new and replacement food-related and utensil-related equipment for a compact mobile food operation shall be certified or classified for sanitation by an American National Standards Institute accredited certification program, or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. In the absence of an applicable certified sanitation standard, food-related and utensil-related equipment shall be evaluated for approval by the enforcement agency.
(f) All new and replacement electrical appliances for a compact mobile food operation shall meet applicable Underwriters Laboratories standards for electrical equipment as determined by an American National Standards Institute accredited certification program or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. 114368.6. A compact mobile food operation is exempt from Section 113947.1 if the operator and any individual who is involved in the preparation, storage, or service of food for the compact mobile food operation has obtained a food handler card that meets the requirements of Section 113948. 114368.7. A compact mobile food operation is exempt from the requirements of Section 114315 if the compact mobile food operation operates with multiple employees or operators and the compact mobile food operation may remain operable by a single individual so that employees or operators may alternate use of a restroom. 114368.8. (a) Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine. (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:
5/15/25, 5:10 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 7/8

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(1) A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part.
(2) An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation.
(3) An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation.
(4) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(d) If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024. (e) (1) When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
(3) The enforcement agency may waive the administrative fine or may offer an alternative disposition.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. 5/15/25, 5:10 PM Bill Text - SB-972 California Retail Food Code. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB972 8/8

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\\concord4\GISMedia\MapRequest\CED\Planning\FoodVendorPermits\FoodVendorPermits.aprx Map Created: 3/18/2025
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Permitted Food Vendor Group Site
Solano Flea Market (up to 5 vendors allowed)
Attachment 7

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Existing City of Concord Vending Regulations Table
Mobile Vending TypeLocation
Non-motorized (e.g.,
carts)
Motorized (e.g., food
trucks)
Public Sidewalks and
Paths
Prohibited but
unenforceable (does not
comply with state law)
N/A
Roadways N/A Allowed with restrictions
under CMC §12.50.030(c)
City Parks Allowed with concession license per CMC
§4.05.020(a)(16) or with a facility use permit
Special Events (e.g.,
farmer’s market)
Allowed with special event permit under CMC
§18.200.200 or other manner authorized by the City
Construction Sites Allowed with restrictions under CMC §12.50.030(a) Other Private Property Allowed in designated non-residential zones, per CMC §18.200.210 with a permit
Attachment 8

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Sidewalk Food Vendor Information

GETTING STARTED
Contra Costa Environmental Health is ready to
assist you. Bilingual staﬀ and translation
services are available to help answer questions
and guide you through the permit process.

Additional information is also available online
at
https://www.cchealth.org/health-and-
safety-information/restaurant-
inspections/food-safety or scan QR code
below.

To apply for a health permit or
schedule a free consultation, please
contact us:

Phone: 925-608-5500
Email: [email protected]
2120 Diamond Boulevard Suite 100 | Concord, CA | 94520
What is a Compact Mobile
Food Operation (CMFO)?
A CMFO is a new type of mobile food facility
that is unenclosed, nonmotorized, and sells
whole produce, prepackaged food, and/or
conducts limited food preparation.

Easier to Get a Health Permit
As of January 1, 2023, the law was updated
to make it easier to obtain a health permit for
sidewalk food vendors and /f_irst-time
entrepreneurs. Certain operations may even
be exempt. Becoming a permitted food
vendor shows the community that the food
you sell is less likely to make people sick.

COMPACT MOBILE

FOOD OPERATION
04/14/2023
Attachment 9

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NO PERMIT REQUIRED
• Whole, uncut produce and/or commercially
pre-packaged, non-potentially hazardous
food only
• 25 ft/two.numerator or less display area and back-up
inventory, in total
• Food is from an approved source
• Overhead protection
• Proper food storage at least 6” oﬀ ground

PERMIT REQUIRED
Pre-packaged,
non-potentially hazardous
food, more than 25 ft/two.numerator
Pre-packaged,
potentially hazardous
food
Limited Food Preparation
(no raw meat)
Limited Food Preparation
(with raw meat)

REQUIREMENTS
Access to commissary Options include: permitted permanent food facilities, churches, and community centers Food is from an approved source
Overhead protection
Proper food storage At least 6” oﬀ ground
Mechanical Refrigeration/Integral Equipment
Unsold food discarded at end of day
Food Handler Card
3 compartment sink (Not required if extra utensils
provided AND no handling of raw meat)
Handwash sink (Warm water not required if
no handling of raw meat)
Immediate service only

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From: William Bruzzone <[email protected]>
Sent: Wednesday, May 14, 2025 8:59 PM
To: Suvansin, Marie <[email protected]>
Subject: Re: 4-Corners Concord; Marie 033125 E-mail re Concord Economic Development Strategic Plan Interview

Hi Marie,
Please submit this e mail on my behalf.

Thank you,

Kip Bruzzone
4 Corners Shopping Center

Dear Town Council,
We own the 4 Corner Shopping Center that starts at Oak Grove and Monument Blvd intersection and runs (roughly 2030-2280 Monument Blvd.) through El Faro restaurant up to the County Drainage Canal.

We routinely have street vendors set up their pop up businesses on the Monument Blvd. sidewalk near the County Connection Bus stop. We are both landlords and merchants at this site. They refuse to move when asked. We receive little or no help from the City when we asked to have these illegal business removed. We are located on two sides by major thoroughfares of Monument and Oak Grove and there is no on street parking areas along either of the 2 sides of our Shopping Center.

In order for someone to stop and buy from these pop up vendors a potential customer must exit Monument Blvd and park on our property. Futher, to access the street vendor, the potential customer must walk across our planted median risking trip and fall as well as destruction of our planted median.

As I mentioned, we are both landlords and merchants at this address.

Attachment 10

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Is the City of Concord telling us as Merchants , that all I need to do is have a business license, and a health permit, and then I can re locate my business to any sidewalk on a major thoroughfare ? I assure you if that is the case then I might strongly consider setting up a number on businesses along my section of Monument Blvd.

Is the City of Concord telling us as Landlords that we must pay for and support someone else's illegal business activities and park their customers on our land?

WHERE IS THE EQUAL PROTECTION of our rights ?

There is a second issue. I have checked with ADA laws and "Path to " . I believe that the ADA path for wheelchairs is impeded to the County Connection Bus Stop. Disabled people and regular people do not have unobstructed
access to the bus stop.

When we submitted plans to develop our property we needed to comply with all the local zoning and city codes. Ie we must provide some many parking stalls per Square foot of retail space , just to name one requirement.

Why the double standard? Why do we have to jump through hoops and squatters can do what they want ? These squatters cannot run their businesses off of a sidewalk without using other land owners parking for their customers without their consent.

This has gone on for too long and needs to stop now. The City needs to beef up it's code to prevent these illegal activities.

It is unfair to have any property owners have their property used for a non merchant or non vendors customers. PERIOD.

Kip Bruzzone
4 Corner Shopping Center

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From: Millie Phillips <[email protected]>
Sent: Tuesday, June 3, 2025 12:52 PM
To: Concord City Council Email <[email protected]> Cc: Obringer, Carlyn <[email protected]>; Aliano, Dominic <[email protected]>; Nakamura, Laura
<[email protected]>; Hoffmeister, Laura
<[email protected]>; Benavente, Pablo <[email protected]>
Subject: Opposing current language for street vendor regulation

Dear City Council members,

It came to my attention that you will be discussing new regulations for street vendors tonight (6-3-25).

I'm concerned that this language is far too restrictive toward low-income people who rely on street-vending to make a living.

We are living at a time of national emergency. We must focus on how we can help people survive in Concord, not make it harder for them.

A lot of vendors are immigrants, who are facing a massive attack by the federal government.

Some of them and many other low-income people stand to lose government benefits, driving them into greater poverty and possible homelessness. Especially under these conditions, the proposed fees and fines are not affordable. The location limitations are not clear and appear to prevent vending in most places.

I urge you to compare your proposed policy with that of other Bay Area jurisdictions and to assess their impact before making any decisions on this subject. Please do not pass a Benched Correspondence
Agenda Item 5.b
June 3, 2025

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policy that will harm Concord residents and add new expenses to the city budget when our limited funds could be better spent on other needs. I pray you will reassess and come up with a policy that is less restrictive.

Thank you.

Rev. Millie Phillips

Rev. Millie Phillips
Pronouns: she/her
Faith-Rooted Organizer, FAME Contra Costa
County, Faith Alliance for a Moral Economy
(FAME) an initiative of EBASE
East Bay Alliance for a Sustainable
Economy
[email protected]
Cell: (415) 272-4152
http://www.workingeastbay.org/
1820 Galindo St., Suite 220, Concord CA
94520
Learn more about EBASE’s work!

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From: Phyllis Lewis <[email protected]>
Sent: Tuesday, June 3, 2025 1:47 PM
To: Obringer, Carlyn <[email protected]>; Aliano, Dominic <[email protected]>; Nakamura, Laura
<[email protected]>; Benavente, Pablo
<[email protected]>; Hoffmeister, Laura <[email protected]>
Subject: Comments for June 3 - considerations to CMC - food vendor

Dear Mayor Obringer and Councilmembers,

I would like to submit my comments for your consideration regarding the CMC amendments to the food vendor regulations. I live across the street from Meadow Homes Park and School and my community has been negatively affected by the presence of the food vendors. I hope to attend tonight, but thought it would be most considerate to submit my comments ahead of time to you which I will copy inline and attach as a Word document.

Sincerely,
Phyllis Lewis
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
June 3, 2025

I commend the City Council for your efforts regarding the food truck issue. My neighbors and I strongly believe that the business interests of the food trucks conflict with the priorities of residential communities, making them fundamentally incompatible.

As a homeowner across from a city park and school, I have experienced firsthand the disruptions caused by motorized food trucks— traffic safety hazards, harmful emissions that degrade air quality and public health, parking congestion, persistent noise from generators and noisy customer vehicles which are drawn to the site, and cooking odors which permeate the air.

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I fully support the proposed amendments to the Concord Municipal Code and believe that enforcement will be key to effective change. From my front row seat, I have observed people merely appearing to be compliant with the authorities before resuming their disruptive activities unchecked.

Our neighborhood is concerned with the following:
· Traffic safety - Food trucks and their customers park frequently in red and handicapped zones and at intersection corners, blocking the line of sight, resulting in vehicle accidents. I have personally witnessed three accidents just this year in front of my home.
· Air pollution from generators - Environmental experts equate the pollution from generators to the exhaust of 400 cars, which affects children, the elderly, and individuals with health issues the most. The generators have forced the residents to seal their homes and rely on air conditioning, which is costly to us. Yet even closed windows fail to entirely block the exhaust fumes and cooking odors from seeping in. Food trucks have kept generators running for as much as 65 hours each week until 11pm at night, every night. We have suffered with five trucks on our street at the same time. · Parking congestion – The food vendors and their customers park in red and handicapped zones. The vendors leave cars parked on our streets to make sure they can capture the spot the next day and beat out the competition. One vendor has parked two cars here that never leave the street. When vending, they take up four parking spaces on our crowded streets. One vendor dominated the corner of Sunshine and Detroit for three years.
· Noise - Customers drive up with radios blaring which penetrates walls and disturbs residents in our own homes. Even closed windows do not entirely shield us from the aggravating droning noise of the generators and of the constant coming and going of customer cars.
· Littering and bad behavior – As the food trucks took a turn at parking next to our property so that their customers would necessarily trespass on our lawn, we experienced crowds of people trampling the grass to dirt, eating their food, drinking alcohol, with beer bottles strewn about and even relieving themselves on our front lawns.

Our residential neighborhoods, schools, and parks should be places of fresh air and peaceful enjoyment—not an endless, unregulated street carnival. While food trucks bring a lively atmosphere to designated events in Todos Santos Plaza and other parks, their unchecked presence in residential areas has turned everyday life into a chaotic spectacle, where noise, pollution, and congestion disrupt the tranquility that residents rightfully

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expect. But unlike a festival which happens only on limited dates and hours, this disruption never ends. Vendors and customers alike have played cat-and-mouse games with the authorities to evade enforcement. Speaking for my neighbors, we fully support strong, effective enforcement to reclaim and preserve the character of our neighborhoods.

Sincerely,
Phyllis Lewis

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From: Micah Pearce <[email protected]>
Sent: Tuesday, June 3, 2025 2:33 PM
To: City Clerk <[email protected]>
Subject: Comment on 5.b 6/3/2025

Please submit this for comment on Agenda Item 5.b.

Dear council,

Sidewalk vending in the Monument Corridor has not only been a valuable way for community members to make ends meet, but it has also created a new venue for community togetherness transforming the highway that is Monument Blvd into a vibrant street fair open to all. The decriminalization of sidewalk vending, by Sacramento, has been taken up by the dynamic community in the Monument and it would be a dreadful shame to curtail that from the City level without attempting lighter remedies first.

Currently Contra Costa County offers resources to address street vending, these resources from the county should be deployed before restrictive city ordinances are developed. The resources exist, they do not need to be created, or duplicated by the city, simply employed.

Please step carefully when addressing concerns from brick-and-mortar businesses in the Monument, please do not trample the community rising around these impromptu street fairs.

At the very least, the monument community invites every member of council out to see what is being built here. Come and visit, see a highway turn into a community space, where families can gather, have some good food, and meet their neighbors.

Thank you,
Micah Pearce
Monument Blvd Resident

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From: marykcook4 <[email protected]>
Sent: Tuesday, June 3, 2025 2:44 PM
To: City Clerk <[email protected]>
Subject: Public comment item 5B

Please submit this for comment on Agenda Item 5.b.

Mary Cook
4220 Clayton Road #3205
Concord CA 94521

Dear council,

Please step carefully when addressing concerns from brick and mortar businesses in the Monument, please do not trample the community rising around these impromptu street fairs.

Thank you,
Mary cook

Sent from Proton Mail for iOS

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From: Mariana Moore <[email protected]>
Sent: Tuesday, June 3, 2025 2:51 PM
To: City Clerk <[email protected]>
Subject: Concerns about proposed Sidewalk Vendor ordinance

Dear Concord City Council members,
On behalf of the Ensuring Opportunity Campaign to End Poverty in Contra Costa, a policy and advocacy organization working countywide to support effective and equitable public policies, I am writing to express concerns about the proposed Sidewalk Vendor ordinance that is being considered at this evening’s City Council meeting, and to request that your vote be delayed to allow time for additional research and consideration.

While I understand that a new ordinance is needed in response to the recent change to state law, this proposed ordinance in its current form feels rushed and under-informed. It also creates the risk of severely harming local residents who are acting in good faith to support themselves and their families.

Following are my specific concerns:
• Bad timing: As you know (and as the new state law specifically acknowledges), many sidewalk vendors are low-income
residents and immigrants who became sidewalk vendors as way to feed their families and stay housed. During this time of unprecedented national attacks on immigrants, we must do all that we can to support their well-being, including their right to earn income and support their families. Now is not the time to impose further barriers and hardships on this vulnerable population.
• Cost-prohibitive: The proposed fees and fines are way too high and will be a barrier to both entry and sustainability for residents who are low income.
• Unnecessary bureaucracy: The restrictions on where vendors can set up are complicated, overly strict, unnecessary, and confusing.
• Lack of comparative data: No data is included in the staff report comparing the proposed fines and fees with what other jurisdictions are doing, making it hard to assess their suitability.

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• Adding costs to the City budget in a time of economic uncertainty: This proposal will add to City expenses during a time when many local needs are emerging. This is not the best use of limited City resources during a time of rising prices and an increased risk of recession.

Recommendations: In light of the above concerns, we recommend that the City Council defer the vote on this proposed ordinance until further research can be conducted, specifically:
• Comparative data on the fees and fines assessed by other jurisdictions
• Conversations with current sidewalk vendors to assess what impact these proposed fees, fines, and restrictions will have on their ability to earn a living in the City of Concord
Thank you for your consideration of our request.

Warmly,
Mariana Moore
--
Mariana Moore, Senior Director
Ensuring Opportunity Campaign
M: c/o RCF Connects, 3260 Blume Drive, Suite 110, Richmond CA 94806 P: (510) 234-1200, ext. 107
C: (707) 334-2477 (preferred)
E: [email protected]
Pronouns: she/her/hers
The values that drive my work: love, liberation, and inclusive belonging

Anchored in Richmond,
Connecting the County
Serving our community for 25 years!

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From: Gary Croshal <[email protected]>
Sent: Tuesday, June 3, 2025 2:58 PM
To: City Clerk <[email protected]>
Subject: Concord City Council - Agenda Item 5.b

Dear council,
Sidewalk vending along Monument Boulevard has become more than just a means of economic survival for local residents—it’s grown into a lively expression of community spirit. The shift in state policy decriminalizing sidewalk vending has empowered this transformation, and it would be deeply unfortunate for the city to undo that progress without first exploring more measured approaches.

Contra Costa County already provides tools and resources to support and regulate street vending. Before the city considers imposing new restrictions, it should utilize what’s already available at the county level. There’s no need to create redundant systems—just put the existing ones to good use.

At the very least, I encourage every council member to come experience the Monument firsthand. Walk the boulevard, enjoy a meal, and witness how this once impersonal stretch of road is becoming a true gathering space—where families come together, local culture thrives, and a sense of community is growing stronger every day.

Regards, Gary Croshal

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From: Arsinoe Orihuela <[email protected]>
Sent: Tuesday, June 3, 2025 2:59 PM
To: City Clerk <[email protected]>
Cc: Arsinoe Orihuela <[email protected]>
Subject: PUBLIC COMMENT ON STREET VENDING REGULATIONS

Hello. My name is Arsinoe Orihuela, Business Services Coordinator at Monument Impact. I oversee the Emerging Business Support Program, which is a comprehensive program that focuses on assisting low-income families in the process of business formalization and licensing.

I would like to offer a public comment on today’s discussion regarding street vending regulations.

1. Complex and Costly Permitting Process:

Based on my experience, most street vendors want to comply with state, county, and city regulations. However, the process is often overwhelming and prohibitively expensive, leading many to delay or forgo compliance due to limited funds and resources. For food businesses, the requirements include:
o State clearance
o Plan Review Construction approval
o Environmental Health Permitting
o City planning approval
o City finance department licensing
Additionally, food trucks and carts must secure:
o Commissary/commercial kitchen contracts
o Commercial insurance policies
o DMV approval

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By the time a business is fully permitted and licensed, owners typically spend between $5,000 and $7,000 on paperwork alone—a financial barrier for many aspiring small business owners.

2. Lack of Coordination Between Agencies:

The absence of streamlined communication between the County and the City further complicates the process, creating confusion and inefficiencies.

3. Limited Approved Vending Locations:

The City of Concord has very few designated spaces available for food trucks and carts to operate legally, restricting opportunities for compliant vendors.

4. Enforcement Alone Is Not the Solution:

Penalizing vendors—many of whom already hold County permits—through law enforcement, fines, or punitive measures does not address the root of the issue. A more constructive approach is needed to support compliance rather than penalize hardship.

5. Thank you for your time and consideration. I welcome any questions and am happy to provide further clarification.

Sincerely,

Arsinoe Orihuela Jr.

Business Services Coordinator
[email protected]
925.682.8248 ext. 2105

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Amendments to Vending
Regulations

MEREDITH RUPP, PRINCIPAL PLANNER
JUNE 3, 2025
1

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Tonight’s Agenda

1. Background

2. Proposed Amendments
◦ Sidewalk Vending
◦ Food Trucks
◦ Food Vendor Group Sites

3. Implementation and Enforcement Discussion
2

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Background
•State law supersedes local regulations on sidewalk vending •Community complaints
•Council Tier 2 Priority
•Work plan approved on January 28, 2025
•Planning Commission review and recommended approval
3

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Vending Types
•Non-motorized or motorized
•Private property or public right-of-
way or public property
•Roaming or stationary
4

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Senate Bill (SB) 946
Pertains only to sidewalk vending:

Selling 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 [public] pedestrian path.”
5

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•Cannot prohibit or criminalize
sidewalk vending
•May require local permits and impose
restrictions within set parameters
•Time, place, and manner restrictions
based on:
• 1. Objective health, safety, or welfare
concerns
• 2. Public’s ability to enjoy natural
resources and recreation opportunities in
parks
6 Senate Bill (SB) 946

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Contra Costa County Health
• Mobile Food Facility permit required
• Enforces the California Retail Food Code
• Authority to destroy or confiscate unsafe food/equipment 7

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Council-Approved Workplan
8 Description of Change Municipal Code/Regulatory
Changes
New sidewalk vending regulations Created Chapter 12.55 Sidewalk Vending Consistency and clean up as applicable • Chapter 12.50 Vendors • Chapter 5.90 Solicitors and Peddlers
• Title 18 Development Code (Food
Vendor Group Sites)
Citywide Fee Schedule updates Added vendor license application fees and sidewalk vending violation fees

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Sidewalk Vending
•Require “vendor license” from
Planning Division
•License valid for one year
•Vendors must also obtain State
seller’s permit, County Health permit,
and Concord business license
9

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Sidewalk Vending: Parks
Stationary Vending
• Prohibited if exclusive
concessionaire agreement
• Otherwise allowed during park
hours with approval of a
vendor license
• Buffer from sports/recreation
facilities, park restrooms,
benches, etc.

Roaming Vending
• Allowed during park hours with
approval of a vendor license
• 15 mins max for sales
• Buffer from sports/recreation
facilities, park restrooms,
benches, etc.
10

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Sidewalk Vending: Residential Areas
Stationary Vending
• Prohibited
Roaming Vending
•Allowed with approval of a
vendor license
•9 am to 6 pm
•Must adhere to time, place, and
manner restrictions (e.g, no
amplified sound, sales last no
more than 15 minutes)
11

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Sidewalk Vending: Non-Residential Areas
Stationary and Roaming Vending
• Allowed with approval of a vendor license
• Hours identified in vendor license
• Must adhere to time, place, and manner restrictions (e.g, no amplified sound, clean up trash)
12

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Sidewalk Vending
Select Time/Manner Restrictions
•Minimum 4-foot ADA path of travel
•Prohibited in landscaped areas, roadways, medians
•Minimum distance from areas that serve the public or attract high levels of foot/vehicle traffic (e.g., building entrances and exits, fire hydrants, bus stops)
•Carts 15 square feet or less; no tents, tables, chairs, etc for customers
13

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Sidewalk Vending
Select Time/Manner Restrictions
•Have trash receptable for customers and keep vending areas clean
•Store all items and signage on carts or person
•Carry and display all required permits/licenses
•Electric or gas-powered heating/cooking equipment; no
generators
14

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Violations
15 Vending Without a
Sidewalk Vendor License
Violation of Other Sidewalk
Vending Regulations
First Violation $250 $100
Second Violation (within one
year of the first violation)
$500 $200
Third Violation (within one
year of the first violation)
$1,000 $500
Fourth or Subsequent
Violation (within one year of
the first violation)
$1,000 License revocation

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Other CMC Amendments
Consistent definitions and applicability across the CMC Clarifications and Clean Up

1. Food Vendor Group Sites
◦ Remove vagueness, align with other CMC provisions, create bright lines for enforcement

2. Chapter 12.50 Vendors
◦ Substantial revamp
16

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Chapter 12.50 Vendors
•Vendor “license” instead of “permit”
•Operational requirements and conditions of approval
•No license needed if:
• Ice cream truck
• Serving construction sites for no more than 1 hour at a time • Hosted by a neighborhood event/fundraiser
17

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Restrictions for Vendor Motor Vehicles
•On-street parking
•Four-foot pedestrian clearance on adjacent sidewalk
•Location vetted by Transportation Division
•Prohibited downtown or near other stationary vendor
motor vehicles or schools
•Prohibited adjacent to parks and residential districts •Solano Flea Market and Food Vendor Group Sites
18

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Summary – Public Sidewalks/Paths
19 Stationary Carts Roaming Carts Food Trucks
Prohibited
• Residential neighborhoods
Permitted
• Non-residential
neighborhoods: With
vendor license subject to
restrictions
Permitted
• Residential neighborhoods: 9
am to 6 pm
• Non-residential
neighborhoods: With vendor
license subject to restrictions
Prohibited

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Summary – Roadways
20 Carts Food Trucks
Prohibited Permitted
• Non-residential streets outside of Downtown with vendor license • Solano Flea Market with vendor license (limit 5)
• Ice cream trucks on residential streets
Prohibited
• Adjacent to parks
• In or abutting residential neighborhoods
• Within 100 feet of schools or other stationary vendor

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Summary – Parks
21 Stationary Carts Roaming Carts Food Trucks
Prohibited
• Parks with exclusive concessionaire
Permitted
• All other parks during park hours
with vendor license
• Restrictions apply (e.g., no vending
near sports facilities, park
restrooms)
Permitted
• During park hours
with vendor license
• Restrictions apply
(e.g., no vending near
sports facilities, park
restrooms)
Prohibited
• Streets adjacent to
parks
Permitted
• In parking lots with
a concession
license or facility
use permit

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Summary – Special Events
22 Stationary and Roaming Carts Food Trucks
Permitted
• With special event permit or other manner
authorized by the City
• When hosted by an individual or group at a
neighborhood event/fundraiser (up to 3x
per year)
Prohibited
• Within 500 feet of farmers’ market and
other special events
Permitted
• With special event permit or other
manner authorized by the City
• When hosted by an individual or
group at a neighborhood
event/fundraiser (up to 3x per year)
Prohibited
• Downtown

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Summary - Other
23 Location Stationary Carts Food Trucks
Construction Sites Permitted
• On-site (private property) 7:30 am-6 pm for up to one hour without a vendor license
Other Private
Property
Permitted
• In designated non-residential zones with a permit from the Planning Division

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Implementation
Vendor license fees
◦ $439.50 for new stationary vendor licenses
◦ $282.50 for new roaming vendor licenses
◦ $172.50 for renewal of existing vendor licenses
City Manager authority to create procedures and guidelines Spanish and English flyers/outreach
Staff training
24

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Enforcement Challenges
25 • Administrative citations and fines only
• Mobile nature of vendors
• Identification information
• CC Health staff capacity
• Operating without Health Permit
• Violation of State Retail Food Code
• Confiscate food and equipment

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Enforcement Options

1. Complaint-Based/As Time Allows
• Proactively engage during non-priority times & public complaints • No overtime

2. Proactive Enforcement (3-Month Program)
• 2 officers on OT, 2 days per week for 4-hour shifts
• Estimated cost: $23,050

3. Proactive Enforcement (6-Month Program)
• 2 officers on OT, 2 days per week for 4-hour shifts
• Continuous or broken up
• Estimated cost: $46,100
Option 1 would resume in between or upon completion of proactive enforcement 26

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Recommendation

1. Introduce an Ordinance amending Concord Municipal Code Title 5 (Business Licenses and Regulations), Section 5.90.010 (Definitions); Title 12 (Streets, Sidewalks, and Other Public Places), Chapter 12.50 (Vendors); and Title 18 (Development Code), Sections 18.20.030 (Definitions) and 18.200.210 (Food Vendor Group Sites), and adding Title 12, Chapter 12.55 (Sidewalk Vending)

2. Adopt a Resolution establishing sidewalk vending license fees and fines by amending Exhibit A to Resolution No. 78-6042 establishing fees and charges for various municipal services in the City of Concord
27

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Questions?
28

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Concord City CouncilJune 3, 2025

Concord City Council
June 3, 2025