I LU I I 1 11 U.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCILCITY MANAGER That the City Council provide staff direction on the City's Sidewalk Vending Program.
ON-40 I I 1101611 F I GTOW
identifying the application process and requirements for the Sidewalk Vending Program (Attachment A). It includes a copy of the permit application as well. • Pro -Tern Alvarez requested that this item be brought to the City • for consideration of waiving City application fees associated with the Sidewalk Vending Program. This item was initially discussed at the July 12, 2022 City Council meeting. Council asked staff to gather additional information regarding the fees and regulations, and bring back this item to the City Council for discussion. This report provides the updated information.
U0
Below is a breakdown of the annual fees for sidewalk vendors. It should be noted that fees for street vendors (i.e. food trucks) have additional fees and requirements, and are not listed in this report.
UPDATE ONSIDEWALK VENDING PROGRAM
AUGUST %3.2O22
Business
City of Downey (increases by CPI
License Fee
jal (Must disr)l
owney
City of Downey (Must display permit)
7 Sidewalk
Vending
Permit
Fingerprinting
City of Downey requirement, applicant
will need to use a DOJ-approved
operator (Rolling Fee: $30, DOJ Fee:
$32, FBI Fee: $17. Depending on
operator, Rolling Fee could change.
insurance
City of Downey requirement, applicant
($2,000,000)
will need to provide. (Approximate cost,
could range from $300-$700)
California Department of Tax and Fee
Administration (CDTFA may require a
security deposit to cover any unpaid
taxes that may be owed if, at a later date,
the business closes.)
Facimy rermn
paGKaged)
Public Health (Per LA County, operators
(Applicable ill
must have permits, pass inspe
selling food)
or
follow the rules about handling food.
I Every approved cart in Los Angeles
$772
County should have a Letter Grade and a
vs- -24
1 certification sticker indicating that it i
wo
ermitted food facility.)
Total Annual
$1,172.94-
UPDATE ON SIDEWALK VENDING PROGRAM
AUGUST 23, 2022
PAGE 3
• Roaming sidewalk vendors shall move continuously except when necessary to complete sale
• Roaming sidewalk vendors are prohibited in residential zones between the hours of 5 p.m. and 9 a.m. of the subsequent day
• All sidewalk vendors are prohibited from operating within private property; on any location blocking pedestrian and accessible path of travel; 25 feet from bus bench/shelter and emergency exit of a business; 50 feet from any field, court, pitch or other area inside of a park designed for use in a sporting activity while in use; 50 feet from playground, recreational water feature, or exercise area in a park while in use; 50 feet restroorn facility in a park, 500 feet from nearest property line of any school from 7 a.m.-5 p.m. on any school day; 500 feet from any Farmer's Market and Temporary Event during event hours.
Number of Vendors and Enforcement
Since program inception, only one sidewalk vendor has applied for and received a permit. Non - permitted sidewalk vendors have been spotted vending at various locations throughout the City, adjacent to parks and at random locations near the City boundaries with neighboring cities, and operating after City Hall closing hours.
In August 2021, City staff began tracking vendor interactions. Below is the information collected.
The direction to staff is to provide education to the vendor if it is their first interaction. If they have been spoken to in the past and are caught a second time then they are issued a citation.
- Vendors- Flowers 15
- Vendors- Food/Goods- 48
-Citations Issued- 22
- Vendors -Flowers 4
- Vendors- Food/Goods-18
Additionally, staff monitors common sidewalk vendor areas in the City, which are listed below.
-Florence/ Old River School Rd.
-Horne Depot- 7121 Firestone Blvd.
-Florence/ Lakewood Blvd.
-Lakewood Blvd./5 Freeway
Staff is also focusing on schools as there tends to be an uptick when school resumes, 3 AUGUST 23, 2022
PAGE 4
107M. HMO a
FISCAL IMPACT
If the City Council approves to waive fees or implement a subsidy program, it will have an .mpact the City's General Fund.
F-111 111IF-ITSUM I t', 1:4 ki k
111? PF I'll 1111111171! 111 1111 1
2 Sidewalk vendors include all persons who sell, exchange, offer for sale or exchange, or display for sale or exchange, any food or merchandise on a sidewalk, in a park, or on any public right-of-way provided for the exclusive use of pedestrians.
All sidewalk vendors must obtain both a Downey Business License and a Downey Sidewalk Vending Permit prior to engaging in sidewalk vending in the City of Downey. Additionally, all sidewalk vendors ;,require a Sellers Permit (issued by the California Tax 8v Fee Administration) and, if vending food, a Health Permit (issued by the Los Angeles County Department of Public Health).'
Sidewalk Vending Permits are valid for one (1) year from the date of issuance, and a new one must be obtained annually. There is no guarantee that the same location will be available each year.
Enaaoina in sidewalk vendina without either a business license or reaulatoru hermit is a violation of the Downey Municipal Code and will result` in the imposition of dines and/or --_
removal from City -owned premises.
Application Process
This information is being provided to facilitate applicants in navigating expeditiously through the Downey Sidewalk Vending Permit process.
1. Review this information sheet and Article VI, Chapter 5, Part 3.1 of the Downey Municipal Code (available at http:// gcode.us sLdowney).
2. Obtain a California Seller's Permit from the California Fee 8v Tax Administration
CIVIC CENTER LIBRARY POLICE DEPARTMENT
11111 BROOKSHIRE AVE. 11121 BROOKSHIRE AVE. 10911 BROOKSHIRE AVE PO BOX 7016 DOWNEY, CALIFORNIA PO BOX 7016
DOWNEY. CALIFORNIA 90241-7016 DOWNEY. CALIFORNIA
90241-7016 562-904-7360 90241-7016
562-869-7331 www.downeylibrary.org 562-861-0771
www.downeyca.org
PARKS & RECREATION UTILITIES DIVISION
7850 QUILL DR, 9252 STEWART & GRAY RD.
DOWNEY, CALIFORNIA DOWNEY. CALIFORNIA
90242 90241-7016
562-904-7238 562-904-7202
MAINTENANCE SERVICES
12324 BELLFLOWER BLVD,
DOWNEY. CALIFORNIA
90242
562-904-7194
ATTACHMENT
3. Obtain a Los Angeles County Health Permit [for food vendors only] (ht flpublichealth.lacounty.goyh)
4. Obtain a Downey Business License (http_: j / .businessre ig stration.downeyca pig or at Downey City Hall, 111`11 Brookshire Avenue, Downey)
5. Pay the Downey Sidewalk Vending Permit, application feeto the City of Downey (at Downey City Hall, Finance Department - Cashier Window)
6. Contact the Downey Police Department or other DOJ-approved Live scan operator to ` schedule a fingerprint ;appointment. If using a live scan operator other than Downey Police Department, applicant must use the attached live scan form.
7. Submit a Downey Sidewalk Vending Permit application, all supporting material, and proof of payment to the Downey Public Works Department (located on 2nd floor of Downey City Hall - Engineering Counter)
In order to ensure that your Sidewalk Vending- Permit is complete, please ensure that the following supplemental documents and/or >information are submitted with your Sidewalk Vending Permit application. Incomplete applications will not be accepted. ❑ Copy of current and valid Downey Business License
❑ Copy of current and valid California Sellers Permit
❑ Copy of current and valid Los Angeles County Health Permit [for vendors of food only]
❑ Copy of applicant's social security card, California driver's license or identification, taxpayer identification number, or identification card issued by another municipality
❑ Proof of completion of live scan by DOJ-approved live scan operator ❑ Proof of comprehensive liability insurance ($2,000,000). City of Downey and its officers and employees must be named as additional insureds, and must provide that the policy shall not terminate or be cancelled without thirty (30) days advance written notice to the City of Downey
❑ Indemnification and Hold Harmless Agreement
❑ Map/site plan depicting exactly where stationary sidewalk vending operations will occur and/or route of travel for roaming sidewalk vending operations. Please review the attached map to ensure you are not seeking to vend in a prohibited location.
❑ Photograph of any vending cart to be utilized
0 Acknowledgement of Sidewalk Vendor Regulations
CityofDow
ey
Sidewk i SdewalVending Permit
alk - - ------ Application
GENERAL INFORMATION (ALL FIELDS REQUIRED)
Business Name (DBA): Downey Bus. License #:
Primary Contact Name: DL/ID/SS/TIN:
Business Address: **Copy attached El
Mailing Address:
Primary Contact Phone:
E-Mail Address:
Please submit copies of the following:
Proof of Payment (App Fee) [I Downey Business License El Proof of Background Check El CA Seller's Permit [I LA County Health Permit [I Proof of Comprehensive Liability Insurance [I Indemnification and Hold Harmless Agreement El Acknowledgement of Sidewalk Vendor Regulations El
BUSINESS OPERATIONS INFORMATION
Type of vending operations: Stationary El Roaming El
**If you are vending on private prqperty, ftpm a motor vehicle, or on a street, you must obtain a Peddler Permit Items to be offered for sale: Food F-1 Merchandise F-1
Please describe in detail the food/products you will vend.
Day(s) you intend to vend: Su El M El T El W El Th El F El Sa El Hours you intend to vend: From am/pm to am/pm
VENDING LOCATION
Stationary
vendors only
Location/ address of vending activities:
**Map or site plan showing exact location of vending activities is required to be submitted Roaming
vendors only
Route/path of travel for sidewalk vending activities:
- **Ma or site plan showing exact route of travel is required to be submitted
VENDING CART INFORMATION
Please check one of the set-up types below for the vending activity association with this application.
Push Cart El Wagon El Rack El Pedal Driven Cart El Pull Cart F-1 Stand El Other (specify) El Cart dimensions: (H) x (W)_ x (D)
** A photogmph of the cart is required to be submitted
WASTE RECEPTACLES
Number of receptacles: Receptacle dimensions: (H)_ x (W)_ x (D) AC.NOW LEDGMENTi AND DECLARATION
I acknowledge that I have read and understand the requirements of Downey Municipal Code Article V1, Chapter 5, Part 3. 1, including all location restrictions. I declare, under penalty of perjury, that I am authorized to complete this form, and to the best of my knowledge and belief, it is a true correct, and complete statement. I understand and agree that the granting of this Permit requires my compliance with all applicable laws and regulations of the City of Downey, as well applicable County, State, and Federal laws.
Name:
Title:
Signature
Date:
Sidewalk Vending Permit Application
ACKNOWLEDGMENT OF SIDEWALK VENDOR REGULATIONS
Initial each box acknowledging that you have read and understood each regulation.
GENERAL REGULATIONS
All sidewalk vendors shall present, upon request, to any City Official, a valid identification, business license, Sidewalk Vending Permit, and any other applicable license or permit
(Initial)
All sidewalk vendors shall only conduct vending operations at locations and/or along the route approved by the Department of Public Works, and shall display a copy of the Sidewalk Vending Permit and Downey Business License at all times (as well as a Los Angeles County Health Permit, if vending food). (Initial)
Stationary sidewalk vendors are prohibited from operating in any residential zone of the City
(Initial)
Roaming sidewalk vendors shall move continuously except when necessary to complete a sale.
(Initial)
Roaming sidewalk vending is prohibited in residential zones between the hours of 5 p.m and 9 a.m. of the subsequent day
(Initial)
Sidewalk vendors shall not vend to customers in vehicles unless the vehicle is lawfully parked and does not cause vehicles to stop in traffic lanes or persons to stand in traffic lanes
(Initial)
Sidewalk Vendors shall not use or operate any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound
(Initial)
Vending carts and other accessory equipment shall not touch, lean against, or be affixed or fastened at any time to a building, pole, sign, tree, lamppost, parking meter, mailbox, traffic signal, hydrant, bench, bus shelter, newsstand, waste receptacle, or other traffic barrier located in the public right-of-way (Initial)
Stationary sidewalk vendors shall not cause, allow, or suffer the placement of tables, chairs, fences, shade structures, umbrellas, other furniture, rugs, towels, fabric of any kind upon the sidewalk in conjunction with the vending operation (whether for the display of goods or any other reason)
(Initial)
Stationary vendors shall not cause, allow, or suffer the erection or placement of any signs upon a sidewalk
(Initial)
Stationary sidewalk vendors shall not attach or use any water lines, electrical lines, or gas lines during the vending operation
(Initial)
Stationary sidewalk vending carts cannot have visual marketing aids attached (e.g., balloons, streamers, ribbons, pinwheels, flags, etc.) (Initial)
Sidewalk Vending Permit Application
Stationary sidewalk vendors shall remove any vending cart used in the vending operation from the sidewalk each day at the close of business (Initial)
Stationary sidewalk vendors shall maintain a separation of at least twenty-five feet (25') from any other stationary sidewalk vendor so as to allow for queuing and to sidewalk congestion
Initialprevent
No vending cart may exceed an overall height of five feet (5') and width/length of five feet (5') and may not include attachments such as balloons, streamers, ribbons, pinwheels, flags and other visual marketing aids. (Initial)
LOCATION RESTRICTIONS
Sidewalk
Vendors shall not vend in arty of the following:locations:
Within any private property
Initial
Within any public property that is not set aside for the exclusive use of pedestrians
Initial
Within any parking lot or parking structure
(Initial)
Within or on any median strip or dividing section of any street (Initial)
In any location that blocks or obstructs the free movement of pedestrians (Initial)
In any location where there is less than 48" of accessible path of travel, without obstruction
(Initial)
In any location that blocks any entrance to buildings, driveways, parking spaces, or windows
(Initial)
Within three feet (3') of the edge of any curb
(Initial)
Within twenty-five feet (25') of any street intersection Initial
Within twenty-five feet (25') of any traffic control device (including traffic signals and traffic signs)
(Initial)
Within twenty-five feet (25') of any fire hydrant or connection, fire call box, or other emergency facility
(Initial)
Within twenty-five feet (25') of any driveway apron
(Initial)
Within twenty-five feet (25') of any marked crosswalk
(Initial)
Within twenty-five feet (25') of any curb return of an unmarked crosswalk Initial
Sidewalk vending Permit Application
Wage 3 of 4
Within twenty-five feet (25') of any bus bench or bus shelter (Initial)
Within twenty-five feet (25)' of any entrance or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business therein
(Initial)
Within fifty feet (50'); of any field, court, pitch or other area inside of a park designed for use in a sporting activity, while said area is in use Initial
Within fifty feet (50') of any playground, recreational water feature, or exercise area in a park, while said area is in use
Initial
Within fifty feet (50') of any restroom facility in a park (Initial)
Within five hundred feet (500')' of the nearest property line of any school between the hours of 7 am and 5 p.m. of any school day
(Initial)
Within five hundred feet (500') of any Farmers Market, Swap Meet, or Temporary Special Event during hours of operation of such events
(Initial)
Within five hundred feet (500') of the nearest property line of any school between the hours of 7 am and 5 p.m. of any school day
(Initial)
Sidewalk Vending Permit Application
Wage 4 of 4
STATE OF CALIFORNIA
BCIA 8016
DEPARTMENT OF JUSTICE
PAGE 1 of 2
(Rev. 0512018)
A
REQUEST
FOR LIVE SCAN SERVICE
Applicant Submission
CA0192000
License, Certificate, or Permit
ORI (code assigned by DOJ)
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Sidewalk Vendor
TEi OFCicense7Cert-ificat-ion7FermitZRWor
YP
ingMiTte
M`em-—
mum 30 characte rs - if assigned by DOJ, use exact title assigned) Contributing Agency Information:
Downey Police Department
09913
)VP-hCyWuTh-6-rFz-ed1 on
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10911 Brookshire Avenue
Marco Milosevich
.011111316x,
Street Address or P . Box
on
CA
90241 (562) 904-2350
city—,-
-St—ate
ZIP-Go-d—e Contact Telephone Number
Other Name
(AKA orAlias) ast
D -51-6-o M -ir-tfi`---- Sex [:] Male [j Female
MM-IMelvelljW-eiglit— Sy-e-C-oliirf— R-air-C-61[6—rm
FOR-3.117-71 - 11 1 -
Home
Address Street Address or ox
First Name e fi�� U Ix
first —-,— S-U-T1X-
rvers ficense umber
am
1. (Agency Billing Number)
(Other Identification Number)
Your Number: Level of Service: ® DOJ Z FBI
-State ZPIC—ode
OCA Number (Agency Identifying Number) (if the Level of Service indicates FBI, the fingerprints will be used to check the criminal history record information of the FBI)
If re -submission, list original ATI number:
(Must provide proof of rejection) Original -ATV u er
Employer Name
Street Address or . . ox
Mail Code (fiv -diq1f`cod&`ass@-ri66by-I3-0JT—
city sLate zwraa-Ei— TeTe-pone -Number op —na]T . ....
Live Scan Transaction Completed By:
Name of Operator Date
Transmitting Agency LSID ATI Number Amount Collected/Billed ORIGINAL - Live Scan Operator SECOND COPY - Applicant THIRD COPY (if needed) - Requesting Agency
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
®CIA 8016 PAGE 2 of 2
2W (Rev. 05/2018)
REQUEST FOR LIVE SCAN SERVICE
Privacy Notice
Collection and Use of Personal Information. The California Justice Information Services (CJIS) W WWAWAVA"
ISTA =I TAW, , ff" 0
K*174 r�VAX- 1110 VLSI E qlg�Avj gild I I
Access to Your Information. You may review the records maintained by the CJIS Division in the DC1 that contain your personal information, as permitted by the Information Practices Act. See below for contact informatio-t.
Possible Disclosure of Personal Information. In order to process applications pertaining to Live Scan gervice to help determine the suitability of a person applying for a license, employment, or a volunteer position working with children, the elderly, or the disabled, we may need to share the information you g is with authorized applicant agencies.
Yo* 2safe#as
your information is compatible and complies with state law, such as for investigations or for licensing, certification, or regulatory purposes;
Contact Information. For questions about this notice or access to your records, you may contact the Associate Governmental Program Analyst at the DOJ's Keeper of Records at (916) 210-3310, by email at k0VpgMr-Q-iF or by mail at:
Department of Justice
Vure2lj if
Keeper of Records
P.O. if 903417
Sacramento, CA 94203-4170
L P-- NUM.OER,,
COMMPROAL
ADDITIONAL MORED - STATE OR GOVERNMENTAL
SU13DIVISION OR POLITICAL
SU6DIVISION - PERMITS OR AUTHORIZATIONS
Two u011 f�
For itinerant/mobile vendors and other vendors who operate outside of a traditional "brick and mortar" location, the City of Downey requires that you obtain additional City approvals and regulatory permits in addition to a business license. Please determine which category below best matches your business activities, and review the corresponding requirements. If your activities are classified under multiple descriptions, you may be required to obtain the corresponding approvals and permits for each category.
❑ Roaming Sidewalk Vendor
Any person who sells or offers for sale any food or merchandise from a non -motorized cart or from one's person at multiple locations upon City sidewalks or in a City -owned park. Roaming sidewalk vendors are not allowed to conduct any business activities upon private property. ❑ Stationary Sidewalk Vendor
Any person who sells or offers for sale any food or merchandise from a non -motorized cart or from one's person from a fixed location upon a sidewalk or in a City -owned park. Stationary sidewalk vendors are required to conduct activities only at an approved location, and cannot conduct any business activities upon private property at any time. ❑ Street Vendor
Any person who sells or offers for sale any food or merchandise on the street or from a vehicle that is parked, stopped, or standing upon a street.
Street vendors are not allowed to conduct any business activities upon private property.
❑ Peddler
Any person, other than a sidewalk vendor, who goes from place to place within the City (private or public property) to sell or offer for sale any goods, wares, books, periodicals, magazines, or other merchandise for immediate delivery.
❑ Solicitor
Any person, other than a sidewalk vendor, who goes from place to place within the City to sell or offer for sale any goods, wares, books, periodicals, magazines, or other merchandise that will be delivered at some point in the future.
Any person desiring either to conduct a "special event" or to conduct vending activities at single parcel of private property within the City, or if your business activities do not match any of the aforementioned categories, contact the Downey Planning Division [(562) 904-7154] to determine whether your business is allowed within the City and/or any applicable regulations.
City of Downey - Vendor Permit Information Guide
The information contained herein is being provided as a courtesy to assist you in understanding some of the requirements to operate as a vendor in the City. It is not intended as being an exhaustive list, and requirements may change from time to time.
It is your obligation to obtain all required approvals, permits, licenses, and inspections as required by the City, County of Los Angeles, and/or any other regulatory agency (and pay all corresponding fees) prior to commencing any business activities within the City. Moreover, it is your obligation to strictly adhere to all conditions of approval of any regulatory permit, as well as all operating requirements as otherwise set forth in the Downey Municipal Code.
Failure to obtain the required approvals, permits, licenses, and/or inspection - or failure to adhere to any conditions or regulations applicable to your business, could result in the imposition of fines, criminal prosecution, and/or revocation of your permit(s) and license(s).
Sidewalk Vendor - Roaming and Stationary [DMC,§6544-6544.14J ➢ Los Angeles County Department of Environmental Health ( http://publichealth.lacounly_gov/eh) - If you are selling food, you will need a County Health Permit.
➢ California Department of Tax & Fee Administration
(http: / / .cdtfa.ca.,gov) - To sell any food or merchandise in California, you will require a Seller's Permit.
➢ Downey Public Works - You will need to obtain a Sidewalk Vending Permit by submitting a completed application, proof of comprehensive liability insurance (in the amount of $2,000,000) and other State and County permits, information pertaining to your cart and proposed route (if Roaming) or vending location (if Stationary), and corresponding fee. This permit must be renewed annually.
➢ Downey Police Department (or other approved live -scan operator) - Submit required fingerprints and undergo a criminal history records ("background") check.
➢ Downey Finance Department - You must obtain a City business license and pay all corresponding taxes. This must be renewed annually.
City of Downey - Vendor Permit Information Guide