(M) Adult-oriented businesses shall empl oy security guards in order to maintain the public peace and safety, based upon the following standards:
(1) Adult-oriented businesses featurin g live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
(2) Security guards for other adult-oriented businesse s may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in § 5-5-19(B)(2) from occurring on the premises.
(3) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this division (M)(3) shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard. (N) The foregoing applicable requirements of this section shall be deemed conditions of adult-oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-22 Register and permit number of employees.
Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer or health officer of the city. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-23. Display of permit and identification cards.
(A) Every adult-oriented busin ess shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business. (B) The police chief shall provide each adult-oriented business performer required to have a permit pursuant to the chapter, with an identification card containing the name, address, photograph and permit number of such performer.
(C) An adult-oriented business performe r shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-24 Employment of and services rendered to persons under the age of 18 years prohibited.
(A) It shall be unlawful for an y permittee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires such permit, to any person who is not at least 18 years of age.
(B) It shall be unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least 18 years of age. (Ord. 98-100, § 3, passed 3-17-98)
§§ 5-5-25—5-5-30 Reserved.
SUBCHAPTER 4. MISCELLANEOUS PROVISIONS
§ 5-5-31 Inspection.
(A) An applicant or permittee shall permit representatives of the following to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses, at any time it is occupied or opened for business:
(1) County sheriff's department, which pr ovides police services to the city; (2) County health agency, which provid es health services to the city; (3) County fire authority, which provides fire protection services to the city; (4) The city community development department; and
(5) All other city departments or agencies.
(B) A person who operates an adult-oriented business or their agent or employee is in violation of the provisions of this section if they refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-32 Regulations nonexclusive.
The provisions of this chapter regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-33 Employment of persons without permits unlawful.
It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult- oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business performer permit.
(Ord. 98-100, § 3, passed 3-17-98)
Chapter 6 PERMITTING OF TAXICABS AND TAXICAB BUSINESSESRESERVED Subchapter 1. General Provisions, §§ 5-6-1—5-6-15
TITLE 5 - BUSINESS AND SPECIAL LICENSES; BUSINESS REGULATIONS Division 6 - PERMITTING OF TAXICABS AND TAXICAB BUSINESSES ARTICLE 1. GENERAL PROVISIONS
SUBCHAPTER 1. GENERAL PROVISIONS
Sec. 5-6-1. Definitions.
For the purpose of this division, the words and phrases herein defined shall be construed in accordance with the following definitions.
(a) City means the City of Laguna Niguel.
(b) City authorization means city authorization to operate a taxicab business in the city. (c) Driver means a person who drives or controls the movements of a taxicab. (d) Driver's permit means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab.
(e) OCTAP means the Orange County Taxicab Administration Program administered by the Orange County Transportation Authority.
(f) Operate a taxicab means to drive a taxicab and either solicit or pick up passengers for hire in the city. (g) Owner means the registered owner or lessor of a taxicab. (h) Person includes natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.
(i) Taxicab means a vehicle operated within the jurisdiction of the city, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a charter party carrier licensed as such by any state agency, including the public utilities commission, or any other vehicle having a certificate of public convenience and necessity issued by any state agency, including the public utilities commission. (j) Taxicab business permit means a valid permit issued by OCTAP authorizing a person to operate a taxicab business.
(k) Taxicab vehicle permit means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab.
(97-98, § 1, 12-2-97)
Sec. 5-6-2. City authorization required.
(a) A person shall only operate a taxi cab if the owner of that taxicab is authorized by the city to operate a taxicab business in the city.
(b) An owner shall only allow a taxicab owned by the owner to be operated if the owner is authorized by the city to operate a taxicab business in the city.
(c) The procedures for city authoriz ation to operate a taxicab business in the city shall be established by separate resolution of the city council.
(97-98, § 1, 12-2-97)
Sec. 5-6-3. Driver's permit required.
A person shall only operate a taxicab if that person possesses a driver's permit and if city authorization has been obtained. An owner shall only allow a driver to operate a taxicab owned by the owner if that driver possess a driver's permit and if city authorization has been obtained. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-4. Taxicab vehicle permit required.
A person shall only operate a taxicab if that vehicle displays a taxicab vehicle permit and if city authorization has been obtained. An owner shall only allow a taxicab owned by the owner to be operated in the city if that vehicle displays a taxicab vehicle permit and if city authorization has been obtained. (97-98, § 1, 12-2-97)
Sec. 5-6-5. Taxicab business permit required.
A person shall only operate a taxicab business in the city if that person possesses a taxicab business permit and if city authorization has been obtained.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-6. Application for permits.
Application for a driver's permit, taxicab vehicle permit or taxicab business permit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by OCTAP and adopted by separate resolution of the city council.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-7. Testing for controlled substances and alcohol.
A driver shall test negative for controlled substances and alcohol as required by applicable state statutes. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-8. Insurance required.
A driver operating a taxicab in the city shall carry with him/her at all times proof of insurance covering that vehicle with such policy limits and coverage as established by OCTAP and adopted by separate resolution of the city council. Said proof of insurance must clearly identify the vehicle covered. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-9. Nontransferability.
No permit issued under this division shall be assigned to, or used by, any person or vehicle other than the person or vehicle named in such permit.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-10. Equipment.
A taxicab operated under the authority of this division shall be equipped according to the standards established by OCTAP and adopted by separate resolution of the city council. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-11. Mechanical condition.
A taxicab operated under the authority of this division shall be maintained according to the standards established by OCTAP and adopted by separate resolution of the city council. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-12. Operational requirements.
(a) A driver shall only carry a passe nger to his/her destination by the most direct and accessible route. (b) A taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by separate resolution of the city council. (c) A taxicab shall have the following information contin uously posted in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP and adopted by separate resolution of the city council:
(1) A schedule of rates and charges for the hire of said taxicab; (2) The driver's name and address;
(3) The owner's name, address and telephone number;
(4) The taxicab identification number;
(5) The driver's permit issued pursuant to this division; (6) The taxicab vehicle permit issue d pursuant to this division; and (7) Any other information required by the city.
(d) A driver shall give a receipt for the amount charged upon the request of the person paying the fare. (e) A taxicab shall only be operated if the passenger co mpartment is kept in a clean and sanitary condition. (f) A driver shall not leave his taxicab to solicit passengers. (g) The name or trade name of the owner and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by OCTAP and adopted by separate resolution of the city council. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-13. Rates and charges.
No driver shall charge rates and charges other than those established by OCTAP and adopted by separate resolution of the city council.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-14. Separate from business licensing.
The requirements of this Ordinance are separate and independent from the business licensing and any other provisions under the city code.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-15. Penalty.
The city intends to secure compliance with the provisions of this division by any of the following alternate, separate and distinct methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each day a violation exists constitutes a separate offense.
Notwithstanding any other provision of this division, each violation of the provisions of this division may be enforced alternatively as follows:
(a) Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this division may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by the city by separate resolution. Any person convicted of an infraction under the provisions of this division shall be punished either by fines as specified in the currently adopted uniform infraction bail schedule used by the Orange County municipal courts, or, where no fine is specified therein, by:
(1) A fine not exceeding $100.00 for a first violation; (2) A fine not exceeding $200.00 for a second violation within one year; (3) A fine not exceeding $500.00 for each additional violation within one year. (b) Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this division may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by the city by separate resolution.
Any person convicted of a misdemeanor under the provisions of this division shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
(c) Civil action. The city attorney by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this division, as provided by law.
(d) Administrative hearing.
(1) Upon a finding by the city offi cial vested with the authority to enforce the various provisions of this division that a violation exists, he/she may notify the person(s) or company(ies) deemed responsible for said violation(s) that a public hearing shall be held before the city council to hear and determine the existence of said violation(s) and the anticipated compliance necessary, i.e., abatement or other action required.
(2) Said notification shall be in writing setting forth the alleged violation(s) and the anticipated action sought, and shall be given not later than ten days prior to the scheduled date of the hearing.
(3) The city council may preside over the hearing or , in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the city council's findings and recommendations to be considered by the city council.
(4) The city council shall render its decision within 45 days from the date of the hearing or, in the event that a hearing officer has been appointed, within 45 days from the date on which the city council receives the findings and recommendations of the hearing officer. The decision of the city council shall be final and enforceable as provided by law.
(Ord. No. 97-98, § 1, 12-2-97)
Chapter 7 SIDEWALK VENDING
Subchapter 1. Definitions, § 5-7- 01
Subchapter 2. Permit Process, §§ 5-7- 052—5-7- 409
Subchapter 3. Business Regulations, §§ 5-7- 4510—5-7-50 Subchapter 4. Violations and Penalties §§ 5-7-11
SUBCHAPTER 1. DEFINITIONS
§ 5-7-1 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Certified farmers' market. A location operated in accordance with the California Food and Agricultural Code, Division 17, Chapter 10.5 and any regulations adopted pursuant to that chapter.
Director. The Director of Community Development of the City of Laguna Niguel, or their designee.
Food and merchandise. Only tangible items for immediate consumption and in possession of the vendor at the time and point of sale.
Impound. To seize or take custody of a sidewalk vending cart, equipment, utensils, food or merchandise (collectively classified as “items”) because of a violation of any applicable law or regulation.
Park. A public park owned or operated by the city.
Parkway. A piece of land located between the rear of a curb and the front of a sidewalk or between the sidewalk and property line, usually used for planting low ground cover and/or street trees and separating pedestrians from vehicles within the right-of-way.
Person. One or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity.
Roaming sidewalk vendor. A sidewalk vendor who moves from place to place and stops only to complete a transaction.
Sidewalk. A portion of a street between the curb line and the adjacent property line, or an easement or right of way held by the city across the front of private property, and intended for use of pedestrians. For purposes of this chapter, "sidewalk" shall also include a paved path or walkway owned by the city that is specifically designed for pedestrian travel. "Sidewalk," for purposes of this division, does not include landscaped, parkway, and non- pathway areas, including turf, whether or natural or artificial, meant for passive recreation or sporting activities,
decorative rock and gravel areas, benched viewing areas, and adjacent access walkways, and other similar areas not intended specifically for pedestrian travel and access to public or private facilities.
Sidewalk vending permit. a city permit issued to a sidewalk vendor pursuant this Chapter of the Municipal Code.
Sidewalk vendor. A person who vends from a vending cart or from one's person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians other than persons authorized to vend in such areas pursuant to a lawfully issued temporary special permit, or in certified farmers' markets or swap meets.
Stationary sidewalk vendor. A sidewalk vendor who vends from a fixed location on a sidewalk.
Swap meet. A location operated in accordance with the California Business and Professions Code, Division 8, Chapter 9, Subchapter 6, being §§ 21660 through 21669.1, and any regulations adopted pursuant to that subchapter.
Temporary special permit. A permit, other than a sidewalk vending 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, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.
Vend or vending. To sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.
Vending cart. A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) SUBCHAPTER 2. PERMIT PROCESS
§ 5-7-052 Permit required.
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 permit pursuant to this subchapter. All persons associated with a sidewalk vending operation, including but not limited to, employees or independent contracts are considered sidewalk vendors and are required to obtain separate and individual sidewalk vending permits. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-103 Permit application.
(A) To apply for a sidewalk vending permit, a person must file an application with the director, accompanied by a nonrefundable processing fee in an amount established by resolution of the city council. (B) The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:
(1) The legal name, current mailing address, and telephone number of the applicant; (2) If the applicant is an ag ent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;
(3) If the applicant will have employees, the name(s), current mailing address(es), and phone number of the person(s) that will be employed as stationary or roaming sidewalk vendor(s);
(4) The number of sidewalk vending operations the vendor intends to operate within the city; (5) The days and hours of operation the applicant intends to operate; (6) Whether the applicant intends to operate as a stationary or roaming sidewalk vendor; (7) Description of the food or merchandise offered for sale; (8) If a vendor of food or food products, certificatio n to completion of a food handler course and proof of all required approvals from the County Department of Public Health; (9) A state seller's permit number pursuant to the California Revenue and Taxation Code § 6067 which shall be maintained for the duration of the vendor's city permit; (10) One of the following forms of identification, which upon collection, shall not be available by the city to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or comply with state law or state or federal court order:
(a) A copy of the valid California Driver's License or identification Card issued to the vendor; or (b) A copy of the individual taxpayer iden tification number issued to the vendor. (11) For stationary vendors, a site plan or descriptio n of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum clear width of 48 inches of accessible route area for pedestrian travel when considering the vendor equipment and anticipated customer queue, or other minimum clear width for pedestrian travel required by the Americans with Disabilities Act of 1990, being 42 U.S.C. § 12101 et seq., or other federal or state law with regard to disability access;
(12) A copy of general liability policy naming the city as additional insured, in the amount of $1,000,000.00, which shall be maintained for the duration of the vendor's city sidewalk vending permit; (13) An acknowledgement that the ve ndor will comply with all generally applicable local, state and federal laws;
(14) Any other reasonable informatio n regarding the time, place, and manner of the proposed vending; (15) Certification by the applican t that the information contained in the application is true to their knowledge and belief;
(16) An agreement by the vendor to indemnify, defend (at the vendor's sole cost and expense), and hold the city, and its officers, officials, employees, representatives, contract employees, and agents, harmless, from all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city's issuance of a sidewalk vending permit, the city's decision to approve the sidewalk vending permit, the operation of the sidewalk vending use and activity, and the process used by the city in making its decision. This indemnification shall include, but shall not be limited to, damages awarded against the city, if any costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action or proceeding whether incurred by the permitee, city, and/or the parties initiating or bringing such proceeding; and
(17) An acknowledgement that use of public property is at the vendor's own risk, and the city does not warrant or take any steps to ensure public property is safe or conducive to sidewalk vending operations.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20)
§ 5-7-154 Criteria for approval or denial of permit.
(A) Within 30 calendar days of receiving a complete application, as determined by the director, or their designee, the director shall approve the issuance of a permit unless they determine that:
(1) Information contained in the application, or suppl emental information requested from the applicant, is false in any material detail; or
(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents within 14 days of notification; or (3) The applicant has failed to demons trate an ability to conform to the operating standards set forth in § 5-7-4510, Operating Requirements; or
(4) The applicant has failed to demonstrate it can comply with disability access or traffic safety provision of the Municipal Code, or any statute, ordinance or regulation of the State, County, or any other public agency regulations adopted by reference by the city;
(5) The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter; or
(6) The applicant has had a sidewalk vending permit or similar permit rescinded within the past twelve 12 months by the city.
(B) If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-205 Permit expiration and renewal.
(A) A sidewalk vending permit shall be valid for 12 months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. (B) A person may apply for a permit renewal on a form provided by the city prior to the expiration of their active sidewalk vending permit.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-256 Permit rescission.
(A) The director may rescind a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this chapter.
(B) A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-307 Appeals.
Any person aggrieved by the decision of the director to issue, deny issuance, or rescind a sidewalk vending permit may appeal the decision to the city council. The appeal shall be filed with the city clerk within 15 days following the date of the director's decision.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-358 Permits nontransferable.
No permit granted pursuant to this chapter shall be transferable. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-409 Permit display.
The sidewalk vending permit shall, during the time such permitee is engaged in sidewalk vending, be worn constantly and conspicuously by the permitee on the front of their outer garment. Sidewalk vendors shall be required to exhibit their permits and/or licenses at the request of any person. If multiple sidewalk vendors are staffing a sidewalk vending operation, each vendor shall, during the operation of sidewalk vending, conspicuously display their permit on the front of their outer garment. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) SUBCHAPTER 3. BUSINESS REGULATIONS
§ 5-7-4510 Operating requirements.
Sidewalk vendors shall comply with the following:
(A) The sidewalk vendor shall be duly licensed and meet all requirements of Title 5, chapter 7, Subchapter
2. (B) No sidewalk vendor shall vend in the following locations:
(1) On a sidewalk or pathway immediately adjacent to a portion of a street or highway that is designated by signs or red curb markings as a "no stopping" or "no parking" zone; (2) On any sidewalk with a gradient in excess of 10%;
(3) Within 500 feet of a freeway onramp or off- ramp as prohibited by California Vehicle Code § 22520.25;
(4) Upon or within any roadway, median strip within a roadway, or dividing section of a roadway; (5) Within 500 feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary use permit; (6) Within 200 feet of City Hall, an y police station, or any fire station; The distance shall be measured from the property line of the lot or parcel on which City Hall, or the police station or fire station is located.
(7) Within 48 inches of another vendor;
(8) Within 500 feet of private or public academic sc hool attended by elementary, junior high, or high school pupils. The distance shall be measured from the property line of the lot or parcel; and, (9) Within 25 feet of a:
(a) Street intersection;
(b) Automated teller machine;
(c) Fire hydrant, fire call box, fire escape or other emergency facility; (d) Bus stop, loading zone, handicapp ed parking space or access ramp; (e) Driveway, alley, driveway apron, or crosswalk;
(f) Public art objects, items and display; and
(g) Storm-drain catch basin.
(10) Within 15 feet of streetlight , parking meters, above ground utility structures, or subsurface utility box, valve, or vault; or
(11) Within five feet of a parking meter.
(C) Sidewalk vendors and all aspects of their operatio ns, including but not limited to, any vending cart, any associated equipment, and any space occupied by the vendor of their employees, shall not occupy a space exceeding horizontal dimensions of a square measuring six feet by six feet. No vending cart, or associated equipment shall exceed a height of four feet. Sidewalk vendors may only use an umbrella or temporary covering for shade or protection from sun or rain, and it shall not exceed eight feet in height nor five feet in diameter.
Furthermore, the use of such an umbrella or temporary covering shall be fire rated as flame-resistant as approved by the County Fire Authority for any vending activities while an approved heating element or portable cooking equipment is in use.
(D) No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a minimum clear width of not less than 48 inches of accessible route area for pedestrians when considering the vendor equipment and anticipated customer queue, or such other minimum clear width for pedestrian travel as required by in compliance with the Americans with Disabilities Act of 1990, being 43 U.S.C. § 12101 et seq., or other provision of federal or state law with regard to disability access. (E) Sidewalk vending is permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows. (1) In residential zones, sidewal k vending shall be permitted between the hours of 8:00 a.m. and 8:00 p.m.
(2) In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street. (3) In parks, sidewalk vendors shall cease operations one hour prior to the close of the park, or by 10:00 p.m., whichever is earlier.
(F) Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential. (G) Stationary sidewalk vendors shall not vend at any park where the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
(H) Sidewalk vendors shall provide a trash receptac le for customers and ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor's customers. (I) These shall be no disposal of cooking materials or waste, including but not limited to used oil, into the city's trash receptacles, storm drains, plant material, or foliage. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls onto public property.
(J) The sidewalk vendor shall not attach to or use an y water lines, electrical lines, or gas lines during vending operations.
(K) Storage or display of equipment, materials, good s, wares, food, or merchandise associated with the vendor, outside the vending cart, is prohibited. All food and merchandise shall be located stored either inside or affixed to the vending cart or carried by the sidewalk vendor. The sidewalk vendor shall not store or keep any food or merchandise on public property. (L) Except for table, chair and shade structure for a stationary vendor, no other tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities;
(M) Signage associated with the sidewalk vender must be located on the vending cart, and the vendor shall not display any signage on public property.
(N) All signage and advertising rela ted to the sidewalk vendor and or vending operations shall not be electrical, flashing, wind powered, or animated.
(O) The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending vehicle.
(P) The sidewalk vendor location shall not block entrance s to private or public buildings, private or public driveways, parking spaces or building windows.
(Q) The sidewalk vendor shall not engage in aggressive sales, which shall include touching a person being offered food or merchandise without that person's consent, continuing to offer food or merchandise for sale to a person after they have declined to purchase food or merchandise, or deliberately blocking or impeding the path of the person(s) being offered food or merchandise. (R) Sidewalk vendors shall not vend to or otherwise conduct transactions with persons in moving vehicles or illegally parked or stopped vehicles.
(S) Sidewalk vendors shall possess at all times while vendi ng a valid permit issued pursuant to this division, as well as any other permit or license required by the city and any other appropriate governmental agency. The sidewalk vendor shall publicly display any and all required business and health licenses, including but not limited to a valid permit from the County Department of Public Health. (T) The sidewalk vendor shall remit all required and app licable taxes to the applicable taxing agencies. (U) The sidewalk vendor shall not leave their sidewalk vending operation unattended. (V) No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way beyond the allowed hours of operation. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city. (W) The sidewalk vendor shall not use propane, natural ga s, or other explosive or hazardous materials. The vendor shall not use an open flame for the sidewalk vending operation. (X) The sidewalk vendor shall not sell alcohol, mariju ana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana, or any products not permitted to be sold in the zone in which the sidewalk vendor is located. (Y) No vending shall occur in roadways, medians, pedestrian islands, or bikeways. (Z) No vending shall occur immediat ely adjacent to existing above-ground amenities such as newsstands or street furniture including but not limited to benches and bike racks. (AA) Sidewalk vendors shall comply with all applicab le state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990, being 42 U.S.C. § 12101 et seq., and other disability access standards (both state and federal).
(BB) No vending cart shall become a permanent fi xture on the vending site or be considered an improvement to real property.
(CC) The sidewalk vendor shall keep and maintain the vending area in a clean and sanitary condition. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20)
SUBCHAPTER 4. VIOLATIONS AND PENALTIES
§ 5-7-5011 Administrative citations.
(A) A violation of this chapter by a sidewalk vendor wh o has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to title 1, chapter 3, in amounts not to exceed the following:
(1) One hundred dollars for a first violation;
(2) Two hundred dollars for a second violation within one year of the first violation; and (3) Five hundred dollars for each additional viol ation within one year of the first violation. (B) A person engaged in sidewalk vending without a va lid city sidewalk vending permit is punishable by an administrative citation pursuant to title 1, chapter 3, subchapter 2, in amounts not to exceed the following, in lieu of the amounts set forth indivision (A) above:
(1) Two hundred fifty dollars for a first violation;
(2) Five hundred dollars for a second violation within one year of the first violation; (3) One thousand dollars for each additional violat ion within one year of the first violation; and (4) Upon proof of a valid sidewalk ve nding permit issued by the city, the administrative citations set forth in this division (B) shall be reduced to amounts set forth in division (A) above. (C) A violation of this chapter shall no t 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. (D) Failure to pay an administrative citation issued pu rsuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
(E) When assessing administrative cita tions pursuant to this section, the hearing officer shall take into consideration the person's ability to pay the fine. The city 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.
(F) If the person meets the criteria described in California Government Code § 68632 (a) or (b), the city shall accept, in full satisfaction, 20% of an administrative citation imposed pursuant to this chapter. (G) The hearing officer may allow a person to comple te community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20)