7.1.b
Packet Pg. 427
Ordinance No. 03 (2023)
6 exceed the total height of four (4) feet, but no higher than eight (8) feet. The umbrella must also provide a minimum of seven (7) feet of vertical clearance above the sidewalk finished grade.
(15) Auxiliary receptacles containing handwashing and warewashing sinks in support of the sidewalk vending receptacle shall be prohibited unless otherwise required in accordance with part 7 of Division 104 of the California Health and Safety Code.
(16) If a sidewalk vending receptacle requires more than one (1) person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities.
(17) Stationary sidewalk vending is prohibited in all residential areas. (18) A roaming sidewalk vendor shall move from place to place and stop only to complete a transaction.
(19) For public safety reasons, sidewalk vendors shall not engage in vending at the following locations:
a. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than four (4) feet or as necessary to comply with the Americans with Disabilities Act. Sidewalk vendors shall maintain a minimum four (4) foot clear accessible path for pedestrian ingress and egress free from obstructions, including the sidewalk vending receptacle and customer queuing area.
b. Where placement impedes access to or the use of abutting property, including, but not limited to, residences and places of businesses. This requirement is intended to preserve emergency access for the Police, Fire Department, or medical personnel. c. Within twelve (12) inches of any curb face on all roads. d. Within fifteen (15) feet of any entrance or exit to a building, structure or facility.
e. Within fifty (50) feet of another sidewalk vendor.Within the same block of another sidewalk vendor, defined as the distance along each side of a street from where one road crosses it to the place where the next road crosses it.
f. Within one hundred (100) feet of a school, a place of worship, or a child daycare facility.
7.1.b
Packet Pg. 428
Ordinance No. 03 (2023)
7 g. Within fifty (50) feet of the roadway of any freeway on-ramp or offramp. h. Within five (5) feet of a marked crosswalk.
i. Within twenty-five (25) feet of a:
i. Fire hydrant.
ii. Curb that has been designated as yellow or red zone, or a bus zone.
iii. Driveway, alley, or street corner.
iv. Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items.
v. Public art object, item or display.
j. Within two hundred (200) feet of any public safety facility, including without limitation, sheriff’s stations, and fire stations. (20) Businesses that operate on private property are not eligible to obtain a sidewalk vendor business license, and are prohibited from establishing franchises or similar arrangements with sidewalk vendors, or otherwise circumvent the intent of this section. (21) No more than one sidewalk vending receptacle is permitted per licensed location.
(22) No sidewalk vendor shall operate in areas located within five hundred (500) feet of a permitted certified farmers’ market or a permitted swap meet, including nearby parking lots used to accommodate the event, during the limited operating hours of that certified farmers’ market or swap meet.
(d) Additional Application Requirements for Sidewalk Vendors. In addition to the application requirements listed in Section 5.00.040(c), applications for a business license for sidewalk vendors shall include the following information:
(1) The name, address, and telephone number of the person applying to become a sidewalk vendor.
(2) The California driver’s license or identification number, individual taxpayer identification number, or municipal identification number (which shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order).
7.1.b
Packet Pg. 429
Ordinance No. 03 (2023)
8 (3) 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.
(4) The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle.
(5) The number of sidewalk vending receptacles the licensee will operate within the City under the business license.
(6) Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor.
(7) The day(s) and hours of operation the stationary sidewalk vendor intends to operate at such location(s).
(8) The location(s) in the City where the stationary sidewalk vendor intends to operate.
(9) The dimensions of each sidewalk vending receptacle operating under the business license.
(10) A photograph of each sidewalk vending receptacle operating under the business license.
(11) Whether the sidewalk vendor will be selling food, merchandise, or both.
(12) If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, and whether the vendor requires a heating element to prepare the food.
(13) If the vendor is selling merchandise, a description of the merchandise to be sold.
(14) If required by the Los Angeles County Department of Public Health, a copy of the health permit required for any sidewalk vendors selling food, in accordance with Part 7 of Division 104 of the California Health and Safety Code.
(15) Proof of his or her possession of a valid California Department of Tax and Fee Administration seller’s permit, which shall be maintained during the term of the sidewalk vendor’s business license. (16) An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws.
7.1.b
Packet Pg. 430
Ordinance No. 03 (2023)
9 (17) A certification that, that to his or her knowledge and belief, the information contained within the application is true and correct. (18) 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 (including without limitation, attorneys’ 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 initiating or bringing such proceeding. (19) A copy of a general liability insurance policy in the amount of one million dollars ($1,000,000), naming the City as an additional insured party.
(e) Violations and Penalties: Subject to sections 1.04.030 through 1.04.190 of this Code, a person found in violation of this section shall be subject to the following:
(1) Operating without a valid business license:
a. An administrative fine not exceeding $250.00 for a first violation.
b. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
c. An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation. d. The administrative fines listed in this subsection may be reduced from $250.00 to $100.00, $500.00 to $200.00, and $1,000.00 to $500.00 upon submission of proof of a business license before such fines are due.
(2) Operating as a sidewalk vendor in violation of this section, other than the failure to possess a valid business license:
a. An administrative fine not exceeding $100.00 for a first violation.
7.1.b
Packet Pg. 431
Ordinance No. 03 (2023)
10 b. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
c. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation. d. The Director, or designee, may rescind a sidewalk business license issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
e. A sidewalk vendor may contest an administrative fine or the rescission of a business license pursuant to the provisions set forth in sections 1.04.030 through 1.04.190 of this Code. f. A sidewalk vendor who has been issued an administrative fine under this chapter may request a determination of his or her ability to pay the administrative fine pursuant to the provisions of Government Code Section 51039(f). If the sidewalk vendor shows proof to the satisfaction of the hearing officer (if the request is made at the time of an administrative appeal hearing), or the Director or his or her designee (if the request is made at any other time), that he or she meets the criteria set forth in Government Code Section 68632, subsections (a) or (b), the fine amount shall be reduced to 20% of the original fine amount.
(3) In addition to the penalties above, violations of Part 7 of Division 104 of the Health and Safety Code shall be subject to the following penalties:
a. A notice of violation detailing the violation, including the applicable provision of Part 7 of Division 104 of the Health and Safety code.
b. An administrative fine not exceeding $100.00 for a second violation within one year of the first violation.
c. An administrative fine not exceeding $200.00 for a third violation within one year of the first violation.
d. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation. (4) A violation of this section shall not be 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.
7.1.b
Packet Pg. 432
Ordinance No. 03 (2023)
11 (5) Violations of the regulations of this section not specifically applicable to sidewalk vending and sidewalk vendors, and Section 51039 of the Government Code shall be subject to criminal or civil enforcement pursuant to Chapters 1.04 of this Code, in addition to any other applicable penalties or remedies prescribed by law.
Section 3. If a specific provision of this Ordinance is or becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provisions or requirements.
Section 4. The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act in that it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published once within fifteen (15) days after this Ordinance is passed and adopted in a newspaper of general circulation, published and circulated in the City of Diamond Bar and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Diamond Bar on this ____ day of ______, 2023
CITY OF DIAMOND BAR
___________________________
Andrew Chou, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the ________ day of ____________, 2023 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the ________ day of ____________, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Kristina Santana, City Clerk
7.1.b
Packet Pg. 433
Ordinance No. 03 (2023)
12 7.1.b
Packet Pg. 434