STAFF REPORT
City of Lancaster
CC 8
11/14/2023
JC
Date: November 14, 2023
To: Mayor Parris and City Council Members
From: Andrea Alexander, City Clerk
Subject: Amendment to Chapter 5.04 of the Lancaster Municipal Code relating to Sidewalk Vendors
Recommendation:
Adopt Ordinance No. 1108, amending Chapter 5.04, Article V of the Lancaster Municipal Code concerning the regulation of sidewalk vendors.
Fiscal Impact:
The business license application fee is intended to reimburse the City for its actual costs in reviewing and issuing licenses.
Background:
California Senate Bill 946 (SB 946) was signed into law in 2018 and establishes protections for sidewalk vending activities. While municipalities may adopt regulations pertaining to sidewalk vending, such regulations must be consistent with SB 946.
Further, SB 946 prohibits punishment for street vending-related violations unless it is through a civil fine, requires the City to assess a vendor’s ability to pay the civil fine and, where necessary, cut the amount of the fine and/or offer community service in lieu of paying the fine.
Ordinance 1080: On February 23, 2021, in accordance with SB 946, Ordinance 1080 was adopted that included a new Article V to Chapter 5.04 of the Lancaster Municipal Code, the general business licensing chapter. Article V sets forth the information and documentation required to obtain a City business license to conduct sidewalk vending operations and establishes reasonable operating and locational regulations intended to protect to health, safety and welfare.
Ordinance 1080 is attached as Attachment A.
Update to Existing Ordinance 1080
Since the adoption of Ordinance 1080, sidewalk vending has grown in popularity in recent years with the protections that are now in place under State law. While SB 946 regulates sidewalk vending, municipalities may adopt their own regulations to address local issues provided such requirements are not more restrictive than allowed under State law.
In addition to SB 946, Senate Bill 947 which took effect January 1, 2023, completely decriminalizes sidewalk food vending, creating a new regulatory framework and attempts to facilitate greater access for food vendors to get the required County and City approvals for food vending permits from Los Angeles County. Additionally, sidewalk food vendors are now considered compact mobile food operations (CMFO) and include push carts, stands, pedal carts, and wagons. This does not include temporary “pop-up” restaurants with preparation and stationary tables with an overhead canopy. Some CMFO’s do not need a health permit if they are selling pre-packaged food or foods that are non-perishable. Furthermore, some vendors can now prepare certain foods at their cart when approved by the health department; this includes reheating of previously cooked food and slicing of fruit on carts.
Previously, criminal enforcement of sidewalk food vending was permissible to address illegal vendor operations that were out of compliance and creating a health and safety nuisance. Now, violations are no longer misdemeanor or infraction offenses and are only subject to administrative citations.
In an effort to address nuisance operations and maintain a business-friendly approach for vendors complying with the law, staff has collaborated with community stakeholders, including vendors and their legal representatives, to identify updates to the City’s laws and regulations related to vendor operations. Through this collaboration, staff has updated the City's sidewalk vendor ordinance to reflect a more flexible and mutually beneficial set of regulations that would offer sidewalk vendors an opportunity to operate in the City safely and successfully. The revisions to the ordinance are shown in Attachment B and C to this staff report.
City staff believes that the regulations set forth in Articles V will allow sidewalk vendors to engage in meaningful commercial activity in the City while protecting public health, safety and welfare.
At the Lancaster City Council meeting held on October 24, 2023, the City Council approved the introduction of Ordinance No. 1108, amending Chapter 5.04, Article V of the Lancaster Municipal Code concerning the regulation of sidewalk vendors, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT:
None.
Attachment:
Ordinance No. 1108 Exhibit A