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31 ORDINANCE NO. 2023-_____
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA ADDING CHAPTER 11.18 TO TITLE 11
OF THE CULVER CITY MUNICIPAL CODE AND
AMENDING SECTIONS 9.08.040 AND 9.10.055
PERTAINING TO SIDEWALK VENDING
WHEREAS, the City of Culver City (the “City”) consists of just over five square miles and is home to approximately 40,000 residents, the job site of 300,000 workers, and a destination for as many as 500,000 visitors on weekends and holidays; and
WHEREAS, because the City is both densely populated and has a large daytime population, its public spaces often become extremely crowded; and WHEREAS, many of the sidewalks and pathways in the City are under eight (8) feet wide, with some of them are as narrow as four (4) feet, and sidewalk vending in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities without reasonable restrictions; and WHEREAS, the City’s park space is limited; and
WHEREAS, much of the City’s limited park space is devoted to active uses such as sports fields and children’s playgrounds, leaving a smaller amount of open space available for all other activities, such as passive recreation; and WHEREAS, City parks are congeste d public recreational facilities that are heavily used by residents, workers, visitors, and organized activities; and WHEREAS, some of the City’s parks provide passive recreational opportunities, and restrictions on sidewalk vending are necessary to protect the
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31 natural resources and recreational opportunities, as well as scenic and natural character of these parks; and
WHEREAS, the Culver City Park Nature Trail, which is six (6) feet wide, has a finite capacity for a high volume of pedestrians to travel in each direction , and restrictions on sidewalk vending are necessary to protect the public from injury given the Nature Trail’s popularity as a recreation destination and has a narrow width; and WHEREAS, Carlson Park, which is surrounded on all sides by a residential neighborhood, has 5-foot walkways for the large volume of park users; and WHEREAS, Coombs Park, which is surrounded on all sides by a residential neighborhood, has no walkways and no sidewalks; and WHEREAS, the La Ballona Creek Bike Path is narrow and intended for the active use of bicycles and joggers and has many blind corners, and sidewalk vending would int erfere with the active use of the area and create hazards for the active users; and
WHEREAS, active areas of parks, such as the Municipal Plunge swimming pool, public community centers, athletic fields, softball/baseball diamonds, basketball courts, handball courts, pickleball courts, paddle tennis courts, soccer fields, public picnic areas, and playground areas and equipment are highly impacted areas, and
WHEREAS, Town Plaza is located at the heart of the City’s busy Downtown District and was constructed with pavers that are vulnerable to regular usage by heavy wheeled vehicles; and
WHEREAS, Town Plaza is used by fire protection services as a fire lane; and
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31 WHEREAS, the Dale Jones City Hall Courtyard and the Quotation Courtyard were constructed with a surface that is vulnerable to damage from the use of heavy wheeled vehicles; and
WHEREAS, parts of the Quotation Courtyard were constructed with decomposed granite that is difficult to clean and not conducive to supporting wheeled vehicles; and
WHEREAS, all of these public spaces are heavily patronized by the public year–round, and congestion in these confined places is a constant norm; and WHEREAS, the intensity and variety of uses in City public spaces further necessitates regulation to avoid safety hazards and conflicts; and WHEREAS, public sidewalks, pedestrian paths, and other public spaces are created and maintained for the primary purpose of enabling pedestrians to move about safely and efficiently from place to place; and
WHEREAS, ensuring the unobstructed flow of pedestrian traffic on sidewalks, pedestrian paths , and other public spaces promotes public safety by minimizing the risk that pedestrians will jostle one another, collide, trip, or fall, and safeguarding the ability of the public to safely stay away from dangerous situations that may occur on or near public streets, pedestrian paths, and sidewalks; and WHEREAS, ensuring the free flow of pedestrian traffic is particularly important to the safety of the elderly, the very young, the disabled, visi on-impaired persons, and others who are less able to navigate through crowds and around obstacles or hazards and who are particularly impacted by having to navigate off and onto curbs when sidewalks or pedestrian paths are blocked; and
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31 WHEREAS, hindrances to the free flow of pedestrian traffic, particularly in the City’s congested public places, may interfere with the work of public safety personnel seeking immediate access to emergency situations and with other work vital to the public health and safety, such as cleaning and maintenance; and WHEREAS, because each of the above -mentioned public spaces and resources is limited and heavily utilized, special efforts must be undertaken to maintain them and facilitate their shared use and availability to all; and WHEREAS, sidewalk vending is disruptive to children in schools , day care facilities, and day camps in that it encourages children to unsafely crowd around schools and on sidewalks that are heavily impacted with pedestrian traffic; and WHEREAS, sidewalk vending around emergency service providers can serve to distract emergency service providers and create an unsafe impediment to sidewalk access and an unsafe congregation of people; and WHEREAS, disruptive activities, including unregulated vending activities, within the City’s congested public spaces interfere with the general public’s use and enjoyment of these public facilities, create serious public safety hazards, and damages the public welfare; and
WHEREAS, the City has long regulated vending activities in order to address these and other public health, safety, and welfare concerns; and WHEREAS, on September 17, 2018, California Governor Edmund Gerald Brown signed Senate Bill (“SB”) 946 into law, which regulates and decriminalizes certain sidewalk vending activities; and WHEREAS, the City undertook an extensive review of vending activities in light of SB 946; and
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31 WHEREAS, the results of the review show that continued regulation of vending activities, especially in the City’s most congested p ublic places, remains essential to protect public health, safety, and welfare; and WHEREAS, the City Council adopts this ordinance pursuant to the City’s constitutionally authorized charter city police powers and consistent with authorities granted by State Senate Bill 946; and
WHEREAS, the City Council finds that the regulations and requirements provided in this ordinance are necessary to protect the health, safety, and welfare of its residents, workers, businesses, and visitors; and
WHEREAS, the City Council further finds that the re gulations and requirements provided in this ordinance are necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101 -336) and other disability access standards; safeguard the public’s use and enjoyment of natura l resources and recreational opportunities; prevent undue concentration of disruptive activities that unreasonably interferes with the scenic and natural character of City parks; and prevent unsanitary conditions; and
WHEREAS, further amendments to the Culver City Municipal Code are required to eliminate sections that are inconsistent with the new Sidewalk Vending Chapter.
NOW, THEREFORE, the City Council of the City of Culver City, California DOES HEREBY ORDAIN as follows:
SECTION 1. The Culver City Municipal Code is hereby amended to add Chapter 11.18 as follows:
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31 Chapter 11.18
SIDEWALK VENDING PROGRAM
11.18.010 Purpose.
11.18.020 Definitions.
11.18.030 Permit Required.
11.18.040 Issuance of Permit.
11.18.050 Operating Conditions.
11.18.060 Prohibited Activities and Locations.
11.18.070 Penalties.
11.18.080 Revocation.
11.18.090 Appeals.
§11.18.010 Purpose.
The purpose of this chapter is to establish a sidewalk vendor permitting and regulatory program. The provisions of this Chapter allow the City to encourage small business activities by removing total prohibitions on portable food stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public’s health, safety, and welfare.
§11.18.020 Definitions.
A. If a term or phrase is not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to be correct.
B. As used in this Chapter, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise:
1. “Cannabis” shall have the same meaning as defined in Section 11.17.025, or any successor section;
2. “Culver City Nature Trail” means the wooden boardwalk that leads from the parking lot of Culver City Park near the Rop es Course to the parking lot of the lower ball field at Culver City Park;
3. “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, or any successor Chapter;
4. “Chief Financial Officer” means the City of Culver City’s Chief Financial Officer or their designee;
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31 5. “City Hall” means the building, facilities, and parking structure located at 9770 Culver Boulevard, Culver City, CA 90232;
6. “Fire Station” means any facility where fire engines and other equipment of the City’s Fire Department are housed;
7. “Food” means any item provided in Health and Safety Code Section 113781, or any successor section;
8. “Heating element” means any device used to create heat for food preparation;
9. “Merchandise” means any item(s) that can be sold and immediately obtained from a sidewalk vendor, which is not considered food. Items for rent shall not be considered merchandise;
10. “Park” means the public parks defined in CCMC Section 9.10.005.A, or any successor ordinance or regulation;
11. “Pathway” means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian or bicycle travel, other than a sidewalk;
12. “Person” means a “person” as defined in CCMC 1.01.010 and includes a corporation, firm, partnership, association, organization, and any other group acting as a unit, as well as an individual;
13. “Police Station” means the facility where police vehicles and other equipment of the City’s Police Department are housed;
14. “Public property” means all p roperty owned or controlled by the City, including, but not limited to, buildings, alleys, parks, pathways, roadways, streets, parking lots, sidewalks, parkways, biking, and walking paths, or other public-rights-of-way;
15. “Residential” means any area zoned e xclusively as residential in a Residential Zoning District as defined in CCMC 17.210.010;
16. “Roaming sidewalk vendor” shall have the same meaning as defined in Government Code Section 51036, or any successor section;
17. “Sidewalk” means that portion of a highwa y, other than the roadway, set apart by curbs, barriers, markings, or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity;
18. “Sidewalk vending receptacle” or “sidewalk vendor receptacle” means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack equipment, buckets, supplies or other non -motorized conveyance used for sidewalk vending activities;
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31 19. “Sidewalk vendor” or “vendor” shall have the same meaning as defined in Government Code Section 51036, or any successor section;
20. “Sidewalk vendor activities” or “sidewalk vending activity” means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placeme nt or maintenance of any sidewalk vendor receptacles;
21. “Special event” means any special event described in CCMC Chapter
17.520, or any successor section;
22. “Stationary sidewalk vendor” shall have the same meaning as defined in Government Code Section 51036, or any successor section; and
23. “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 Chapter, or any successor Chapter.
§11.18.30 Permit Required.
A. No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within the City without first applying for and receiving a permit from the Chief Financial Officer under this Chapter.
B. CCMC Subchapter 11.09.200 (Street Vendors) shall not apply to a sidewalk vendor.
C. A written application for a sidewalk vendor permit shall be filed with the Chief Financial Officer, on a form provided by the City, and shall contain the following information:
1. The name, address, and telephone number of the person applying to become a sidewalk vendor;
2. The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle;
3. The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle;
4. The number of sidewalk vending recep tacles the sidewalk vendor will operate within the City under the permit;
5. The location(s) in the City where the sidewalk vendor intends to operate;
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31 6. The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s);
7. Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel and, if stationary, a map with the location designated.
8. The dimensions of the sidewalk vendor’s sidewalk vending receptacle(s), including a picture of each sidewalk vending receptacle operating under the permit and any signs that will be affixed thereto;
9. Whether the sidewalk vendor will be selling food, merchandise, or both;
10. If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, whether such foods will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element, if any;
11. If the vendor is selling merchandise, a description of the merchandise to be sold;
12. A copy of the County of Los Angeles Department of Public Health Permit required for any sidewalk vendors selling food , or proof of an applicable exemption;
13. Proof the person possesses a valid California Department of Tax and Fee Administration seller’s permit which notes the City as a location or sub - location, which shall be maintained for the duration of the sidewalk vendor’s permit;
14. An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, State, and Federal laws;
15. A certification that, to their knowledge and belief, the information contained within the application is true;
16. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (inclu ding without limitation attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties i nitiating or bringing such proceeding;
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31 17. An acknowledgement that use of public property is at the sidewalk vendor’s own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at their own risk;
18. An acknowledgement tha t the sidewalk vendor will obtain and maintain throughout the duration of any permit issued under this Chapter any insurance required by the City;
19. If the sidewalk vendor has operated in the City in the past, proof of prior sales tax payments made to the State and allocated to the City; and
20. Any other relevant information required by the Chief Financial Officer.
D. Each application for a sidewalk vendor permit shall be accompanied by a nonrefundable application fee as established by resolution of the City Council.
The application and permit are only applicable to the individual(s) named on the application. An approve d sidewalk vendor permit is required prior to the applicant obtaining its official City business tax certificate, as set forth in Chapter 11.01, to carry on the activities authorized by said permit.
§11.18.040 Issuance of Permit.
A. The Chief Financial Officer may issue a sidewalk vending permit, with appropriate conditions, including but not limited to the review and approval of the Public Works Director, and as provided for herein, if they find based on all of the relevant information that:
1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare;
2. The conduct of the sidewalk vendor will not unduly interfere with the ingress or egress of commercial properties nor create an unsafe condition for adjacent businesses.
3. The conduct of the sidewalk vendor will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;
4. The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken;
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31 5. The conduct of such sidewalk vending activity will not require the diversion of police officers to properly p olice the area of such activity as to interfere with normal police protection for other areas of the City;
6. The sidewalk vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this Chapter or any other City regulation governing sidewalk vending;
7. The sidewalk vendor has not had a permit revoked within the past twelve (12) months;
8. The sidewalk vendor’s application contains all required information;
9. The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process;
10. The sidewalk vendor has satisfied all the requirements of this Chapter;
11. The sidewalk vendor has paid all applicable fees as set by City Council resolution;
12. The sidewalk vendor’s sidewalk vending receptacle and proposed activities conform to the requirements of this Chapter;
13. The sidewalk vendor has adequate insurance, as determined by the City, to protect the City from liability associated with the sidewalk vendor’s activities. If approved, all insurance policies required by this Permit, except workers’ compensation, shall name the City as an additional insured, and shall contain a waiver of subrogation aga inst City, its agents, and employees. The sidewalk vendor shall provide a copy of a Certificate of Insurance with required endorsements providing this coverage; and
14. The sidewalk vendor has satisfactorily provided all information requested by the Chief Financial Officer, to consider the vendor’s application.
B. A sidewalk vendor permit is nontransferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this Chapter.
C. All permits issued under this Chapter shall expire twelve (12) months from date of issuance.
§11.18.050 Operating Conditions.
All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:
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31 A. All food and merchandise shall be stored either inside or affixed to the sidewalk vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor receptacle, the overall space taken up by the sidewalk vendor receptacle shall not exceed the size requirements provided in this section.
B. The sidewalk vendor permit shall be affixed to and conspicuously displayed at all times on the sidewalk vending receptacle and the sidewalk vendor’s person.
If m ultiple sidewalk vendors are staffing a sidewalk vendor receptacle or working as roaming sidewalk vendors, each person shall wear their permit on their person in a conspicuous manner.
C. Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit business for their sidewalk vending activities.
D. Sidewalk vendors shall not call out, yell, ring bells or other devices to attract the attention of potential customers.
E. Sidewalk vendors are not allowed to provide onsite dining, nor provide, allow, or encourage others to provide or utilize tables, chairs, tents, umbrellas, or similar items on public property.
F. All signage and advertising related in any way to the sidewalk v endor shall be attached to the sidewalk vending receptacle, if any, or the sidewalk vendor’s person.
G. Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated sign.
H. Sidewalk vending receptacles shall not be stored on public propert y and shall be removed from public property when not in active use by a sidewalk vendor.
I. All sidewalk vendors shall allow any government official charged with enforcing laws related to the sidewalk vendor’s activities to inspect their sidewalk vending receptacle at any time for compliance with the size requirements of this Chapter and to ensure the safe operation of any heating elements used to prepare food.
J. Sidewalk vending receptacles and any attachments thereto shall not exceed a total height of six (6) feet, a total width of six (6) feet, and a total length of four (4) feet.
K. No sidewalk vending receptacle shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials.
L. Sidewalk vendors shall comply with CCMC Chapter 11.18. 015 Polystyrene Regulations, which include the prohibition of polystyrene food service ware.
M. If a sidewalk vending receptacle requires more than one person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk
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31 vending receptacle shall be within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities.
N. Sidewalk vendors that sell food shall have the County of Los Angeles Department of Public Health permit in their possession at all time s they are conducting sidewalk vending activities. If applicable, a sidewalk vendor shall have proof of a permit exemption from County of Los Angeles Department of Public Health.
O. Sidewalk vendors that sell food shall maintain separate food waste, trash, and recycling bins in or on their sidewalk vending receptacle and shall not empty their waste into public trashcans. The size of the vendor’s trash container shall be taken into account when assessing the total size limit of a sidewalk vending receptacle. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation.
P. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public property; washing down hard surfaces must comply with Section § 5.05.025 Prohibited Activities and § 5.05.030 Requirements for Existing Properties; Good Housekeeping Provisions.
Q. Sidewalk vendors shall maintain a minimum four-foot clear accessible path free from obstructions, including sidewalk vending receptacles and customer queuing area.
R. Sidewalk vendors shall comply with the noise provisions, including but not limited to those in Section 9.04.015 and Chapter 9.07, including but not limited to permit requirements for loudspeakers and amplified devices.
S. In parks, sidewalk vendors shall not interfere in any way with anyone engaged in a sporting activity or other activity for which a permit has been obtained from the City.
T. Sidewalk vendors shall ensure that all City-required insurance is in effect prior to conducting any sidewalk vendor activities and maintained for the duration of the permit.
§11.18.060 Prohibited Activities and Locations.
A. Sidewalk vendors shall comply with all operating conditions including those conditions set forth in CCMC Section 11.18.050, or any successor sections.
B. Sidewalk vending receptacles shall not touch, lean against, or be affixed at any time to any building or structure including but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, or traffic barriers.
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31 C. Sidewalk vendors shall not engage in any of the following activities:
1. Renting merchandise to customers;
2. Displaying merchandise or food that is not available for immediate sale;
3. Selling of alcoholic beverages of any kind, cannabis, cannabis concentrate, or cannabis products, adult oriented material, tobacco products, products that cont ain nicotine or any product used to smoke/vape nicotine or cannabis;
4. Using an open flame on or within any sidewalk vending receptacle;
5. Using an electrical outlet or power source that is owned by the City or another person other than the sidewalk vendor;
6. Conducting sidewalk vending activities outside of allowed hours of operation:
a. In nonresidential areas, the hours of operation for sidewalk vending shall be the same as the hours of operation imposed on other businesses or uses on the same street;
b. No person s hall peddle or solicit fo r commercial purposes in any area of the city, which is zoned for residential use under this Code, from 8:00 p.m. until 9:00 a.m. of the following day;
7. Continuing to offer food or merchandise for sale, following, or accompanying an y potential customer who has been offered food or merchandise after such person has refused an offer and has asked to be left alone or after the person has declined the offer to purchase food or merchandise;
8. Knowingly making false statements or misrepresen tations during the course of offering food or merchandise for sale;
9. Blocking or impeding the path of the person(s) being offered food or merchandise to purchase;
10. Making any statement, gesture, or other communication which a reasonable person in the situati on of the person(s) being offered food or merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out;
11. Touching the person(s) being offered food or merch andise without that person(s)’ consent;
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31 12. Advertising any product or service that is not related to the food or merchandise being offered for immediate sale;
13. Placing their sidewalk vending receptacles on private property or any other non-permitted space when engaging in sidewalk vending activities; or
14. Soliciting or conducting business with persons in motor vehicles located on traffic lanes of public streets, highways, or parking lots.
D. Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:
1. The Culver City Nature Trail;
2. Carlson Park;
3. Coombs Park;
4. The Dale Jones City Hall Courtyard;
5. Quotation Courtyard;
6. Town Plaza;
7. Bikeways or bike paths;
8. Within a marked bus zone;
9. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than four (4) feet, or impedes access to or the use of abutting property, including, but not limited to, residences and places of business;
10. Any public property that does not meet the definition of a sidewalk including, but not limited to, any alley, square, roadway, street, street end, median island, pedestrian island, or parking lot, without prior City approval;
11. On City-owned property without prior City approval;
12. Within 18 inches of the curb;
13. Within 15 feet of another sidewalk vendor; or
14. At any park where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire;
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31 15. On private property without the written consent and prior approval of the City.
16. Within one block of any school between the hours of 7:30 a.m. and 5:30 p.m. on days when the school is in session.
E. Sidewalk vendors shall not engage in sidewalk vending activities within five (5) feet of:
1. A marked crosswalk;
2. The curb return of an unmarked crosswalk;
3. Any fire hydrant, fire call box, or other emergency facility;
4. An area improved with lawn, flowers shrubs, trees, or street tree well;
5. An alley or entrance to a parking lot or parking garage;
6. A driveway or driveway apron;
7. An outdoor dining or patio dining area;
8. An entrance or exit to a building, structure, or facility; or
9. An entrance to a bike path.
F. Sidewalk vendors shall not engage in sidewalk vending activities within ten (10) feet of:
1. A transit shelter or bench;
2. An Automated teller machine (ATM);
3. The gated entrance to a public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball, paddle tennis court, tennis court, soccer field, or other recreational field, facility, or court;
4. Any public picnic area, outdoor exercise equipment, playground area or playground equipment;
5. Any public restroom; or
6. Any athletic field, basketball court, softball/baseball diamond, tennis court, soccer field, or volleyball court.
G. Sidewalk vendors shall not engage in sidewalk vending activities within fifty (50) feet of:
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31 1. A permitted certified farmers’ market or swap meet during the limited operating hours of that certified farmers’ market or swap meet;
2. An area designated for a special event permit issued by the City, during the limited duration of the special event, if the City provides the sidewalk vendor any notice, business interruption mitigation, or other rights the City provided to any affected businesses or property owners under the City’s special event permit; or
3. A place of worship, or a large or general child day -care facility, or day camp, while children are present.
H. Sidewalk vendors shall not engage in sidewalk vending activities within one hundred (100) feet of:
1. The driveways and entrances to the Police Station;
2. The driveways and entrances to a fire station;
3. Any police officer, firefighter, lifeguard, or emergency medical personnel who are actively performing their duties or providing services to the public.
I. Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vending activities:
1. On any sidewalk or pathway that is not a minimum width of eight (8) feet;
2. On sidewalks or pathways directly adjacent to or within residential areas.
3. On any city block where there are already two stationary vendors. §11.18.070 Penalties.
Violations of this Chapter shall not be prosecuted as infractions or misdemeanors and shall only be enforced by the administrative citations as defined in CCMC
1.02.025 and the revocation provisions of this Chapter.
A. If a sidewalk vendor conducts business without a valid permit, the sidewalk vendor shall be assessed administrative fines in the following amounts:
1. An administrative fine not exceeding two hundred fifty dollars ($250.00) for a first violation;
2. An administrative fine not exceeding five hundred dollars ($500.00) for a second violation within one year of the first violation;
3. An administrative fine not exceeding one thousand dollars ($1,000.00) for each additional violation within one year of the first violation.
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31 B. If a sidewalk vendor violates any portion of this Chapter other than conducting business without a valid permit, the sidewalk vendor shall be assessed administrative fines in the following amounts.
1. An administrative fine not exceeding one hundred dollars ($100.00) for a first violation;
2. An administrative fine not exceeding two hundred dollars ($200.00) for a second violation within one year of the first violation;
3. An administrative fine not exceeding five hundred dollars ($500.00) for each additional violation within one year of the first violation.
§11.18.080 Revocation.
A. The Chief Financial Officer may revoke a permit issued to a sidewalk vendor for any of the following reasons:
1. The permittee's failure to comply with the provisions of this Chapter;
2. If the permittee makes any false statement or material misrepresentation of fact related to a sidewalk vendor permit application; or
3. Upon the fourth violation or subsequent violations within one year of the first violation.
B. The revocation takes effect upon delivery of the notice of decision to revoke the license and remains in effect unless overturned on appeal.
§11.18.090 Appeals.
A. Administrative citations may be appealed as provided in CCMC Sections
1.02.045 and 1.02.050.
B. Decisions of the Chief Financial Officer to revoke a permit shall be appealed in the following manner:
1. Appeals may be initiated by the person whose permit was revoked;
2. Appeals shall be initiated within fifteen (15) calendar days of service of notice of the decision to revoke the license;
3. Appeals of decisions shall be made in writing and shall state the factual basis and evidence to substantiate the appeal;
4. All appeals of decisions shall be heard by a Hearing Officer appointed by the City Manager;
5. A hearing before the Hearing Officer may be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of
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31 this Chapter. The appellant shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.
The City and appellant may mutually agree to waive, modify, or change the date of the proceeding;
6. All appeals of decisions shall be conducted in accordance with the following procedures:
a. At least ten (10) days prior to the hearing, the appellant shall be provided with copies of the citations, reports and other documents or evidence submitted or relied upon by the Chief Financial Officer; b. No other discovery is permitted. Formal rules of evidence shall not apply. Appeal hearings are intended to be informal in nature. Each party shall have the opportunity to present evid ence in support of his or her case, and to cross -examine witnesses. Irrelevant and unduly repetitious evidence shall be excluded;
c. The failure of the appellant to appear at the hearing shall constitute a failure to exhaust their administrative remedies.
7. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing and shall list in the decision the reasons for that decision:
a. The Hearing Officer may uphold or deny the decision; b. The appellant shall be served with a copy of the Hearing Officer’s written decision; and
c. The decision of the Hearing Officer is final.
SECTION 2 : Subsection I of Section 9.10.055 (PROHIBITIONS) is amended to read as follows (underline denotes addition):
I. To announce, advertise or call public attention in any way to any article or service for sale or hire, or expose or offer for sale any article or thing; nor shall he station or place any stand, cart, or vehicle for the trans portation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Parks, Recreation and Community Services Director and activities expressly allowed by Chapter 11.18 (SIDEWALK VENDING).
SECTION 3. Subsection K of Section 9.10.055 (PROHIBITIONS) is amended to read as follows (underline denotes addition):
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31 K. To practice, carry on, conduct, or solicit for any trade, occupation, business, or profession without the permission of the City Council , unless otherwise expressly authorized by this Code.
SECTION 4. Subsection L of Section 9.10.055 (PROHIBITIONS) is amended to read as follows (underline denotes addition):
L. To drive or have any dray, truck, wagon, cart, or other traffic vehicle carrying goods or regularly used or employed in carrying goods, merchandise, lumber, machinery, oil, manure, dirt, sand or soil or any article of trade or c ommerce, or any offensive article or material whatsoever, upon any road or drive except such as may be especially provided or designated for such use, or such as may be authorized by permit from the Parks, Recreation and Community Services Director or such as is authorized by Chapter 11.18 (SIDEWALK VENDING).
SECTION 5: Section 9.08.040 (USE OF SIDEWALKS FOR OUTDOOR DISPLAY OF GOODS) is amended to add subsection (E) as follows:
E. This section does not apply to sidewalk vending as regulated by CCMC Chapter 11.18.
SECTION 6: Nothing in this Ordinance shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or Ordinance hereby repealed or amended as cited in this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance.
SECTION 7: Pursuant to Section 619 of the City Charter, this Ordinance shall take effect thirty (30) days after its adoption. Pursuant to Section 616 and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City News and shall post this Ordinance or a summary thereof in at least three (3) places within the City.
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31 SECTION 8: Pursuant to direction given at the February 13, 2023 City Council meeting, the City will delay enforcement until ninety (90) days after adoption of this ordinance.
SECTION 9: The City Council hereby declares that, if any provision, section, subsection, paragraph, sentence, phrase or word of this Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason or any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases, or words of this Ordinance, and as such they shall remain in full force and effect.
APPROVED and ADOPTED this 23 day of October, 2023.
_______________________
ALBERT VERA, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
_______________________ _________________________
JEREMY BOCCHINO HEATHER BAKER
City Clerk City Attorney