Office of the City Manager
411 West Ocean Boulevard, 10th Floor
Long Beach, CA 90802
(562) 570-6711
May 9, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Receive and file a report prepared by Lisa Wise Consulting, Inc., and the Public Outreach report prepared by City of Long Beach (City) staff regarding the City ’s existing sidewalk vending regulations; and,
Request the City Attorney to prepare an Ordinance based on the recommendations outlined herein regarding sidewalk vending regulations and update the Long Beach Municipal Code (LBMC) to comply with the most recently enacted State legislation regarding sidewalk vending; to consolidate, where feasible, provisions of the LBMC relating to the regulation and enforcement of sidewalk vendors and similar operations into one Ordinance; and, in consultation with City Manager, or designee, repeal provisions of the LBMC that are obsolete, no longer applicable, or no longer enforced related to sidewalk vendors and similar operations. (Citywide)
DISCUSSION
In 2018, the State of California passed Senate Bill 946 (SB 946) which took effect on January 1, 2019. SB 946 established parameters for the local regulation of sidewalk vendors, which only allows local authorities to regulate sidewalk vending in accordanc e with the provisions of the bill. The bill’s primary intent was to decriminalize sidewalk vending so that local authorities could issue only administrative rather than criminal citations.
According to SB 946, a “sidewalk vendor” is “a person who sells fo od or merchandise from a pushcart, stand, display pedal -driven cart, wagon, showcase, rack , or other nonmotorized conveyance, or from one’s person upon a public sidewalk or other pedestrian path.” For the purposes of this discussion, “sidewalks” and “other pedestrian pathways” will be considered to be paved surfaces primarily for pedestrian travel.
The following outlines the requirements and restrictions the City may or may not impose on sidewalk vendors of food and merchandise under SB 946.
Under SB 946 , the City may adopt requirements which are directly related to objective health, safety, or welfare concerns, including:
• Requiring sidewalk vendors to obtain permits and/or licenses. • Requiring the sidewalk vendor to provide information about themselves and their vending operations.
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• Placing limitations on hours of operation that are not unduly restrictive. • Adopting requirements to ensure compliance with the federal Americans with Disabilities Act (ADA) of 1990 and other disability access standards. • Adopting requirements that ensure sanitary conditions. • Prohibiting stationary sidewalk vending in areas that are zoned exclusively residential. (Roaming sidewalk vendors cannot be prohibited in areas zone d exclusively residential.)
• Adopting requirements within parks that are necessary to prevent an undue concentration of commercial activity which would unreasonably interfere with the scenic and natural characteristics of a park and to ensure the public’s use and enjoyment of natural resources and recreational opportunities. • Prohibiting stationary sidewalk vendors from ven ding in parks only if the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
• Prohibiting sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market, a permitted swap meet, or an area designated for a temporary special permit, such as an encroachment permit or special event permit.
• Prohibiting any vending other than sidewalk vending of food or merchandise.
Under SB 946, the City may not:
• Require sidewalk vendors to operate in a specific area or within certain parts of the public right-of-way, unless the local authority is restricting vending to protect the community’s health, safety, or welfare or as designated by SB 946. • Require sidewalk vendors to obtain consent or approval of any nongovernmental entity or individual in order to vend.
• Restrict the overall number of sidewalk vendors, unless the restriction is directly related to objective health, safety, or welfare concerns. • Adopt additional requirements regulating the time, place, and manner of sidewalk vending unless the requirements are directly related to objective health, safety, or welfare concerns. Perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
To comply with SB 946, the City needs to consolidate, where feasible, and repeal existing sections of the LBMC that relate to sidewal k vending. The City also needs to draft an Ordinance outlining regulations related to sidewalk vending consistent with the provisions of SB 946.
In June 2022, Lisa Wise Consulting, Inc. (LWC), was retained to provide recommendations on regulations and policies related to sidewalk vending. The scope of LWC's work was to audit the existing LBMC, prepare a case study review of sidewalk
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vending program s in comparable California cities, engage with internal stakeholders regarding current conditions of sidewalk vending within Long Beach, and create a set of recommendations for future action which considered all stakeholders. LWC's Considerations and Recommendations Report is attached (Attachment A).
Outreach Results
While LWC engaged with internal stakeholders, City staff engaged with various external stakeholders and the community at large. Internal stakeholders that were engaged included the following Departments: Development Services, Economic Development, Financial Management (FM), Fire, Health and Human Services (Health), Parks, Recreation and Marine (PRM), Long Beach Police (LBPD), and Public Works (PW); along with the City Manager’s Office , including the Office of Special Events and Filming and Equity. These internal stakeholders reported the following:
• Sidewalk vendors provide an amenity for some individuals and communities , but can create a nuisance for others.
• Existing regulations and procedures are unclear and difficult to consistently enforce.
• Current City staff resources and capacity present an enforcement challenge. • A comprehensive Sidewalk Vending Program and additional staffing could ease enforcement challenges.
For more details on feedback received, see the “Departmental Interview” section of Attachment A.
External stakeholders that were engaged included representatives from Business Improvement District s (BIDs) neighborhood association s, community-based organizations, business es, sidewalk vendors, and residents. Common themes of the external stakeholder feedback included the following:
• Sidewalk vendors provide alternative options to food that is available, and in food deserts, provide some of the only nearby food access.
• Concerns with ADA accessibility and potential areas of traffic concerns. • Sidewalk vending provides entrepreneurial opportunities, though some are concerned that sidewalk vendors do not currently contribute to the tax base and have fewer fees and regulations compared to brick-and-mortar businesses. • Health and safety concerns, including food safety, proper disposal of grease and products, and the safety of sidewalk vendors.
• Concerns regarding trash and debris left by patrons.
• Enforcement concerns related to the City’s health inspect ion team ’scurrent capacity to regulate food-related sidewalk vending.
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For more details on feedback received, please see the Community Engagement Report in Attachment B.
In addition, on March 13, 2023, the City’s Economic Development Commission (Commission) provided feedback on sidewalk vending regulations and expressed similar concerns for brick-and-mortar businesses while also acknowledging the entrepreneurial opportunities and benefits of sidewalk ve nding. The Commission encouraged synergies between brick-and-mortar businesses and sidewalk vendors so they could be mutually beneficial, such as employee sharing. The Commission also expressed concerns for the City’s ability to enforce regulations and men tioned fully recovering enforcement costs through permit and licensing fees.
Sidewalk Vending Regulation Recommendations
The following list of recommended regulations are based on the recommendations provided by LWC and the feedback received by both internal and external stakeholders.
Staff is proposing that the City Council’s policy work end with a comprehensive Ordinance outlining the operation and regulation of sidewalk vendors operating upon a public sidewalk or pedestrian path. The Ordinance would include needed definitions; regulate vending in exclusively zoned residential areas and parks; outline parameters relating to distance from various facilities and above ground structures; outline operating requirements; and, require permits and licenses where applicable. The Ordinance will outline the permit requirements and standards as well as enforcement and fines for violating the Ordinance.
The Ordinance would apply only to “sidewalk vendors,” the definition of which is limited to vendors of food and merchandise who vend on public sidewalks or other pedestrian paths. Accordingly, vending on private property and vending of s ervices will not be covered by the new Ordinance and will be governed according to current regulations and policies. Food and merchandise vendors operating on private property or as part of a special event will continue to be required to obtain and display a business license and/or health permit and have permission from the special event planner or private property owner. Vendors of services will continue to be allowed to vend at the discretion of the Parks and Recreation Commission in uplands park property only, and not in tidelands areas.
Provisions of the proposed sidewalk vending ordinance which apply inside the Coastal Overlay Zone and related to coastal development as defined in California Public Resources Code section 30106, are subject to California Coastal Commission jurisdiction and cannot take effect in the Coastal Overlay Zone until the date the California Coastal Commission unconditionally certifies those provisions for inclusion in the local coastal program.
1. Definitions
As outlined in LWC’s Recommendations Memo (Attachment A) there are conflicting definitions related to sidewalk vending present in the LBMC. The Ordinance would include definitions of terms related to sidewalk vending and eliminate unintended
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interpretations and ambiguities in sidewalk vending policies. Examples of terms to be defined include, but are not limited to : “above ground structures,” “certified farmers’ market,” “food,” “goods,” “parkway,” “public right -of-way,” “sidewalk,” “sidewalk vendor,” “roam ing sidewalk vendor,” “stationary sidewalk vendor” and “vending equipment.”
2. Zoning, Land Use Controls, and Distancing
The recommendations in this section are based on the recommendations from LWC and feedback from the internal and external outreach efforts while focusing on health, safety, welfare, and equity concerns.
Prohibited Operating Areas
• Stationary sidewalk vendors shall not be permitted to operate in an area zoned exclusively residential.
• SB 946 allows local authorities to establish regulations within parks that are necessary to prevent an undue concentration of commercial activity which would unreasonably interfere with the scenic and natural characteristics of the park. It also allows regulation s that would ensure the public’s use and enjoyment of natural resources and recreational opportunities with parks. For these reasons, sidewalk vendors shall not vend in the following areas, their parking lots, or their ingress and egress routes:
o Properties that contain p rotected habitat and mitigation areas such as DeForest Park and Wetlands, Willow Springs Park Wetlands, Los Cerritos Wetlands, Colorado Lagoon, Jack Dunster Marine Biological Reserve, Sims’ Pond Biological Preserve, Golden Shore Marine Biological Reserve Park, and El Dorado Nature Center.
• Any City property subject to a lease or operating agreement such as o Long Beach Convention Center
o Shoreline Village
o Pike Outlets
o Rainbow Harbor Esplanade, including Shoreline Aquatic Park and Pine Avenue Pier
o Rainbow Lagoon Park
o Rancho Los Alamitos
o Rancho Los Cerritos
o City permitted/leased community gardens
o City-owned municipal golf courses
Distance Requirements
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To promote and protect the public health, safety, and welfare in the City, the distance requirements outlined below must be maintained between a sidewalk vendor and the surrounding environment. Vending on public sidewalks and other pedestrian paths creates the potential for safety hazards, such as inhibiting the ability of individuals with disabilities and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter, and emergency medical personnel services; encouraging pedestrians to cross outside of a crosswalk or stand in roadways to purchase food and /or merchandise; and , creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic.
Recommended Distance Regulations for Sidewalk Vending
Recommended Regulation Justification
No vending in the public right-of-way
(defined a public easement for streets,
alleys, or other areas other than a
sidewalk), or any area that blocks the
safe flow of pedestrians or vehicles,
unless otherwise allowed.
To ensure traffic safety.
All vendors must maintain a minimum 4
feet of clear sidewalk/pedestrian path
width as a path of travel, except for a
roaming sidewalk vendor to briefly
conduct a sale. Even during such
instances as roaming sidewalk vendors
stopping to briefly make a sale, all
sidewalk vendors must immediately
move to provide access to the sidewalk
so as not to impede the flow of
pedestrian or other traffic.
To ensure compliance with the
Americans with Disabilities Act of 1990
and to ensure pedestrians have a safe
path of travel.
Stationary sidewalk vendors and
roaming sidewalk vendors may stop to
vend in the parkway (the area adjacent
to a roadway between the sidewalk line
and the roadway), so long as vending
is only done on areas where plants are
not present, no damage is done to the
parkway landscaping, it is safe to vend
in the parkway, and all other
requirements under this ordinance are
met.
This is more permissive and would make
vending feasible in areas where the
minimum 4-feet of sidewalk/pedestrian
path width cannot be otherwise
maintained.
No vending on any public property that
does not meet the definition of a public
sidewalk or pedestrian path unless
otherwise allowed, including, but not
limited to, any alley, bike or shared use
path, bridge, marina, median, square,
To protect public health, safety and
welfare.
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courtyard, street, street end, or parking
lot, unless otherwise allowed.
No vending on any slope greater than
5 percent or where signage indicates
that wheels must be cramped to the
curb.
To ensure vending conveyances do not
accidentally roll down a hill.
No vending in any location that
obstructs traffic signals or regulatory
signs.
To prevent traffic congestion and to
ensure visibility of signs and protect
public safety.
No vending to any customers in
moving vehicles.
To prevent traffic congestion and to
protect public safety.
No vending within 18 inches of the
edge of a curb.
To ensure a safe distance from parked
car doors and passing vehicular traffic
and to ensure public safety.
No vending within 5-feet of an above
ground structure in sidewalks,
pedestrian paths, and the public right-
of-way (such as utility boxes, parking
meters, and streetlights).
To prevent overconcentration on
sidewalks or parkways and ensure
pedestrian traffic moves freely.
No vending within 5 feet of a bus or
Metro stop.
To ensure clear passage for loading and
unloading passengers.
No vending within 10-feet of a
driveway, alley approach or marked
crosswalk.
To ensure visibility for vehicles and
pedestrians.
No vending within 10-feet of an ATM,
or outlined shared e-scooter / bike
parking.
To prevent overconcentration on
sidewalks or parkways and ensure
pedestrian traffic moves freely.
No stationary sidewalk vending within
10-feet of an entrance or exit to a
building / structure / facility, fire escape
or emergency exit. Roaming sidewalk
vendors shall not block these locations.
To ensure unimpeded access for building
evacuations during an emergency.
No stationary sidewalk vending within
15-feet of a Fire Department
connection, fire hydrant, fire lane or
any fire backflow preventer. Roaming
sidewalk vendors shall not block these
locations.
To ensure unimpeded access for public
safety personnel and equipment during
maintenance or an emergency.
No vending within 15-feet of an outdoor
dining, patio area, sidewalk dining or
permanent parklet, or location with a
valid encroachment permit.
To prevent overconcentration on
sidewalks or parkways and to ensure
pedestrian traffic moves freely.
No food vending within 15-feet of a
public restroom.
To ensure sanitary dining conditions.
No vending within 15-feet of a street
intersection, loading zone ADA curb
ramp / curb cut, parking space or
To ensure visibility for vehicles and
pedestrians and to ensure easy access
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access ramp designed for individuals
with disabilities.
for individuals with disabilities to ADA
infrastructure.
No vending within 25-feet of a Beach
Access point.
To ensure unimpeded access for public
safety personnel and equipment during
maintenance or an emergency.
No stationary sidewalk vending within
40-feet of another stationary sidewalk
vendor.
To prevent overconcentration on
sidewalks or parkways, to ensure
adequate space for customer queuing,
and to ensure pedestrian traffic moves
freely.
No vending within 50-feet of a railroad
crossing.
To ensure safety and visibility for
vehicles and pedestrians.
No vending within 100-feet of the
vehicle entrance of any fire station,
police department, hospital, lifeguard
tower, lifeguard headquarters, or any
other emergency response structure or
path.
To ensure unimpeded access for public
safety personnel at all times.
No vending within 100-feet of a posted
sidewalk or street closure, unless
otherwise permitted.
To ensure public safety during
construction or other activities.
No vending within one block of a
school within 30 minutes before or after
the school’s opening or closing hours.
To ensure student safety as they are
traveling to and from these locations, to
avoid congestion and congregating at
these locations and to ensure students
are only exposed to healthy food options.
No vending within 500-feet of any
permitted special event, swap meet,
farmers’ market or filming permit.
To prevent congestion and ensure
adequate crowd control safety measures
can be taken at these locations by public
safety personnel.
Vending in Areas Zoned as Parks
SB 946 allows sidewalk vending on public sidewalks and other pedestrian pathways, including those in parks. However, SB 946 allows local authorities to establish regulations within parks that are necessary to prevent an undue concentration of commercial activity which would unreasonably interfere with the scenic and natural characteristics of the park. It also allows regulations that would ensure the public’s use and enjoyment of natural resources and recreational opportunities with parks. A local authority may also prohibit stationary s idewalk vendors from vending in the park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
In addition to the prohibited areas and distance recommendation as well as the operating conditions outlined in Section 3, the operating conditions for areas zoned as parks (including parks, beaches and piers) outlined below allow vendors and patrons the
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enjoyment of natural resources and recreational opportunities within public parks without an undue concentration of commercial activity and without interfering with sporting events.
• Stationary sidewalk vendors are not permitted within 500-feet any concessionaire that has signed an agreement with the City that exclusively permits the sale of food or merchandise by the concessionaire.
• No vending within 15-feet of monuments, statues, memorials, or art installations. • Stationary sidewalk vendors are not permitted to vend on bike or shared paths, but may vend within the space 10-feet off of path, measured perpendicular to the path, so long as it is safe to do so , customers do no queue on the path, and all other requirements under this ordinance are met.
• Stationary sidewalk vendors may vend within the space 10-feet off of a pedestrian path, measured perpendicular to the path, so long as it is safe to do so and customers do not queue on the path, and all other requirements under this Ordinance are met.
• Roaming sidewalk vendors are not permitted to vend on shared paths but may vend on pedestrian paths and may stop to briefly conduct a sale. Even during such instances as roaming sidewalk vendors stopping to briefly make a sale, all sidewalk vendors must immediately move to provide access to the pedestrian path so as not to impede the flow of pedestrian or other traffic. • Roaming Sidewalk vendors may not vend on greenspace and shall not interfere with any sporting events or the free use of any designated sport play areas or open recreation space and shall not approach spectators who are watching a sporting activity to sell food or merchandise.
• Sidewalk vendors shall not use any vehicle to drive onto pathways, turf , or sand areas.
• Sidewalk vendors shall take appropriate care to not damage turf, irrigation or any other infrastructure.
• Sidewalk vendors shall not vend in the parking lots of any public parks.
3. Operating Conditions
Vending on public sidewalks and other pedestrian paths creates opportunities for some but may be a nuisance for others. To promote and protect public health, safety, welfare and equity in the City, the operating conditions outlined below are recommended.
These operating conditions allow vendors and patrons to take advantage of the daylight hours while not being so strict as to introduce undue burdens or constraints of trade, and clearly delineate what a sidewalk vendor may or may not do or use.
Operating Hours
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• Roaming vending activities on residential blocks may occur between the hours of 7:00 a.m. and 8:00 p.m. or sunset, whichever is later.
• Vending activities on non-residential blocks, excluding parks, may occur between 6:00 a.m. and 10:00 p.m. or the operating hours imposed on other businesses on the same block, whichever is least restrictive. (According to SB 946, sidewalk vendors may not be required to close earlier than any other business on the same street.)
• Vending is permitted between 8:00 a.m. and closing time of the park or sunset in parks where there is no designated closing time.
Operating Requirements
Sidewalk vendors shall:
• Operate in a space no larger than 80 -square feet. This would be equivalent to a 16x5 foot area.
• Clean up all trash , debris, spills, grease, and oil, related to the sidewalk vending activities within a 10-foot radius around their vending area. • Only set up chair s and/or umbrellas for the sole use of the sidewalk vendor and the umbrella cannot exceed a maximum height of eight (8) feet. • Maintain adequate trash containers in or on their sidewalk vending conveyance or location.
• Comply with all applicable laws relating to the employment of minors. Any minor assisting with or engaged in vending shall be accompanied by a sidewalk vendor with valid permits and licenses. Any and all actions of the minor related to vending, including any violations committed by the minor, are attributable to the sidewalk vendor.
• Follow the Expanded Polystyrene Ordinance per section 8.63 of the LBMC. • Follow the Noise Ordinance per section 8.80.010 of the LBMC. • Follow the Public Facilities Disposal of Refuse and Pacific Ocean Area Sanitation requirements per sections 16.08.420 and 16.12.260 of the LBMC.
Sidewalk vendors shall not:
• Rent merchandise to customers.
• Solicit sales by travelling door-to-door on private property. • Set up tables, chairs, umbrellas or canopies for customer use. • Hang or affix any items to above ground structures, fences, gates, or onto public or private buildings.
• Display merchandise or food that is not available for immediate sale. • Sell any food or merchandise that requires verification of a minimum age for
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purchase, such as alcohol, tobacco, tobacco products, or firearms. • Sell any controlled substance, drug, or pharmaceutical. • Sell any vaping or drug paraphernalia.
• Sell adult-oriented material or animals.
• Sell counterfeit, stolen, or illegal goods.
• Sell weapons, including but not limited to : knives, guns, explosive devices, BB devices, or imitation firearms.
• Use amplified or non-amplified sound-making devices in conjunction with vending, such as speakers, microphones, public address systems, bells, and chimes. • Use any electrical, flashing, wind powered, or animated signs. • Use an electrical outlet or power source that is owned by the City or another person other than the sidewalk vendor.
• Empty their trash into public trashcans.
• Dispose of items or material into the curbs, gutters, streets, drains or storm drain system or onto any other public or private property. Items include but are not limited to: any water or rinse residue used for vending activities such as cooler water, ice or food preparation water, food debris, hot coals or ashes and grease. • Drive onto or otherwise stage their vehicle on the curb, parkway or sidewalk to unload sidewalk vending equipment, materials or personnel. • Fail to comply with all posted parking restrictions.
• Adversely affect the City’s ability to perform municipal functions or furnish City services.
• Interfere with the performance of police, firefighter, lifeguard and emergency medical personnel services.
• Obstruct the free and easy access to and departure from any portion of any public landing, pier or wharf within the marinas.
4. Permitting Requirements
Sidewalk vending shall only be allowed to take place with the issuance of a Business License in the form of an easily identifiable sticker issued by FM, similar to other mobile operations, which must be obtained prior to sidewalk vending. The Business License shall be displayed at all times. Sidewalk vendors shall obtain a California Seller’s Permit, if applicable.
Any sidewalk vendor selling food or beverages must obtain a City Health Permit, unless exempt. The City Health Permit shall be displayed at all times and the vendor shall be subject to the requirements in the California Retail Food Code.
5. Exception for Minors
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In residential zones only, minors operating vending equipment for a temporary use or selling products for a recognized 501(c)(3) charity for the purpose of fundraising shall be exempt from the requirements of this Ordinance. Access and accessibility provisions would apply.
6. Enforcement
Enforcement fines and revocation process for permits related to the Sidewalk Vending Ordinance will comply with SB 946 and SB 972 and will be outlined in detail once an Ordinance is drafted and presented to City Council.
Implementation
Education and Outreach
An educational campaign will go into effect after the Ordinance is passed so that vendors are aware of the new Ordinance and regulations and will have the ability to come into compliance. Enforcement of the Ordinance will follow this educational campaign.
Enforcement will primarily be handled by Health and FM with support from PW and LBPD.
LBPD’s support will be periodic in nature, based on operational conditions to ensure public and staff safety. Penal Code violations shall continue to be handled by LBPD, such as vendors that sell alcohol or other items illegally.
Educational materials including business license and health permit applications and regulations will be provided on the City website and distributed to vendors in person to help vendors be best informed and to provide community members with information of where to submit complaints. A Community Education Campaign will be introduced and will include relevant presentations and sessions for questions and answers. All materials will be avai lable orally and in writing in English, Spanish, and any other languages deemed necessary for adequate communication.
In May 2022, the City Council adopted Resolution 22 -0072 to prioritize education for sidewalk food vendors operating without a health per mit until the State amended the California Retail Food Code (CRFC) to support the operation of small-scale sidewalk food vendors. Since then, the City has taken an education -first approach for sidewalk food vendors operating without health permits and has allowed for two educational visits prior to enforcement action, except in instances where an imminent health safety hazard requires immediate action. Effective January 1, 2023, the CRFC was amended to relax certain structural and operational requirements f or lower risk sidewalk food vending operations. Given that the State has amended the CRFC to support the operation of small-scale sidewalk food vendors, the condition set forth in the Resolution has been satisfied and the City will continue to educate first but allow for enforcement to occur after the first educational visit. By June 30, 2023, it is anticipated that all vendors will have received at least one educational visit and it will have been six months since SB 972 went into effect. Due to this, staff will return with a Resolution to repeal Resolution 22-0072 to allow the City to return to normal enforcement, which would continue to incorporate
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education and outreach while allowing enforcement to occur concurrently.
In addition to education and outreach on regulations, information on sidewalk vendor safety will also be included to provide vendors information on how to vend safely, the digital inclusion initiative, and b usiness assistance available from the Economic Development Department. This sidewalk vendor safety education is in response to concerns regarding vendor safety that were raised throughout the outreach and engagement process and in response to an item brought forward by Councilwoman Saro on June 15, 2021, intending to provide assistance to improve the safety and security of sidewalk vendors within Long Beach. For more information, please see the Sidewalk Vending Safety and Security memorandum for the Mayor a nd City Council provided in May.
City Resources and Revenue
One-time FY 23 costs to establish the Sidewalk Vending Program are estimated at $40,000 and will include technology needs and outreach and educational efforts. To effectively accommodate the program, a technology solution is needed to accept the complaints received surrounding sidewalk vending activities, send out automatic notices to the appropriate staff, and update the complai nant. Staff proposes to use the existing GoLongBeach application for these purposes. The implementation time frame necessary to update GoLongBeach is estimated at one month, with a one-time implementation cost estimated at $8,000. Further, staff in PW , Hea lth, and FM will engage in community education and outreach efforts and enforcement related to the new sidewalk vending Ordinance and its requirements. This one-time cost to be incurred by these departments for outreach and educational efforts and enforcement is estimated at $32,000 in FY 23.
Ongoing funding and staffing levels will need to continue to be evaluated and adjusted as the new program moves forward. Following an assessment of program requirements, consultant recommendations and community feedback, an initial assessment for additional ongoing costs is estimated at a minimum of $367,053 per year. Of this amount, $205,355 supports an enhancement of 2.0 Full -Time Equivalents (FTEs) for permitting, licensing, and regulation duties req uired at the start of the program. Duties include educating vendors and the community, ensuring vendors comply with local and state regulations, performing routine health and safety inspections, receiv ing and assessing complaints, and taking actions needed to investigate and address complaints in a timely manner. The 2.0 FTEs are comprised of 1.0 FTE Environmental Health Specialist in Health and 1.0 FTE Clerk Typist III in FM. This staffing increase in FM is in addition to expanding the current duties of other existing staff, such as Business License Inspectors and Customer Service Representatives to cover the sidewalk vending program. The remaining amount of $61,698 is needed for materials and supplies in Health and $100,000 for on -going enforcement and reg ulation support from the P W and LBPD.
Potential overtime costs in Health, FM, PW, and LBPD are excluded from these estimates.
New revenue generated from the Sidewalk Vending Program inspection and permit fees is anticipated to offset a portion of annual program costs. Fees and charges associated
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with the program will need to continue to be monitored along with program expenditures, with proposed rate adjustments to full cost recovery where appropriate. Health will assess existing permit fees already included in the Citywide Master Fees and Charges Schedule specific to food service carts, tricycles, and current plan check fees according to the risk category associated with the types of food available from each vendor. These fees, including proposed rate increases to food service cart and tricycle permit fees to align with the cost of service , was presented to the City Council on April 18, 2023. The proposed rate adjustments will return on May 23, 2023 for City Council approval as part of a mi d-year FY 23 fee Hearing to amend the Citywide Master Fees and Charges Schedule. Health recommends annual permit rates at $300 for food service carts without plumbing, $730 for food service carts with plumbing , and $253 for tricycles . Health’s recommended permit rates are comparable to fees being charged by the Los Angeles County Public Health Department , which range from $393 to $772 ; the Orange County Public Health Services Department, which ranges from $151 to $696; and the Pasadena Public Health Departm ent, which range from $214 to $373. The department also recommends assessing current mobile food facility plan check fees with rates ranging from $250 for lowest risk to $1,165 for the highest risk. Risk categories align with the increasing level of inspection needed based on vendor offerings with the lowest category applied for packaged, non -perishable foods to the highest category for unpackaged, perishable foods. The annual permit rate charged for tricycles and health plan check fees are recommended at subsidized levels, as a rate increase to full cost recovery may create financial barriers to operators.
FM will also return to the City Council in FY 23 with a request to amend the Citywide Master Fee and Charges Schedule and establish a new Sidewalk Vending Business License Fee. City staff anticipates that the rate for a business license will be proposed at $300 to align with full cost recovery, although the City Council could direct these costs to be subsidized and a lower fee established. Following FY 23, the fee will be adjusted in June of each year and will be subject to an annual CPI increase. The fee range across comparable juri sdictions varies widely and includes the following: Anaheim at $170, Bellflower at $206, Carson at $459, El Segundo at $226.40, Hermosa Beach at $325, Los Angeles at $541, Santa Monica at $122.68, San Diego ranging from $72 and up (depending on the sidewalk vending operation), and Torrance at $322.
Other Considerations
While the recommended regulations are comprehensive in nature, staff notes that other suggestions and concerns were received throughout the public engagement process.
Some of these items are addressed through other regulatory mechanisms and are not included in the City’s Ordinance recommendations. If an item was not included, the explanation is provided below.
• Limiting the number of sidewalk vendin g permits/business licenses for either individual or corporations, or possibly having different regulations for corporations versus individuals applying for sidewalk vending businesses licenses. o These are items that staff is looking into further and specif ics are being determined and will be finalized prior to implementation.
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May 9, 2023
• Limiting sidewalk vendors from operating in front of brick -and-mortar restaurants or retail stores, or establishing sidewalk vendor designated areas. o Pursuant to SB 946, local authorities can only adopt time, place and manner regulations if they are an objective health, safety, or welfare concern. SB 946 specifically stipulates that perceived community animus or economic competition does not constitute an objective health, safety, or we lfare concern.
• Concern that sidewalk vendors operating in Business Improvement Districts (BIDs) should pay BID fees.
o Fee assessments for BIDs are collected through the annual Los Angeles County property tax bill and the assessments for the Business Improvement Areas (BIAs) are collected with the annual City Business License renewal process. Since sidewalk vendors do not own property, they would not be able to be assessed as part of a BID. According to the establishing Ordinances for BIA s, only businesses occupying premises within the BIA are included. Since sidewalk vendors do not occupy premises, they cannot be included as a business in BIA assessments. Further, SB 946 stipulates that a local authority shall not require a sidewalk vendo r to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise.
• Requiring sidewalk vendors to have insurance.
o The intent of SB 946 was to promote entrepreneurship and support immigrant and low -income communities. Given this, requiring insurance could be cost -prohibitive for sidewalk vendors and is estimated to range between $300-$1,000 for general liability insurance. As part of its regular practice, the City requires hold harm less indemnification when issuing licenses and permits. Due to these reasons, an insurance requirement is not recommended and would be left to the discretion of the sidewalk vendor. • Many of the sidewalk vendors in operation are taco vendors. o Even with amendments to the California Retail Food Code from SB 972, taco stands are required by State Health Code to have three compartment sinks, handwashing sinks, proper mechanical refrigeration, and other requirements to maintain health and safety. In order to comply, complex operations such as those undertaken by taco vendors will need to adjust to incorporate these health and safety requirements in order to be permitted. • Type of equipment being used by sidewalk vendors.
o Though not specifically called out in the recommendations, concerns will be mitigated through the permitting process, especially food -related sidewalk vendors.
• Suggestions to host sidewalk vendor rallies or events. o Currently, organizers do host such events through the City’s Office of Special Events. If an organizer or promoter was interested in hosting a more
HONORABLE MAYOR AND CITY COUNCIL
May 9, 2023
regular series of events, the City would work with them to determine how best to support such an effort. The City is not able to serve as the organizer of such events at this time due to resource constraints. • Requiring sidewalk vendors to abide by SB 1383, California's new organics recycling law.
o It is estimated that each sidewalk vendor would not produce more than 10 gallons of food waste, which is the threshold of the new law. If they do meet the threshold, they would be required to abide by SB 1383 requirements. • Requiring sidewalk vendors to pay sales tax and follow labor laws, including minimum wage.
o To clarify, sidewalk vendors are required to pay sales tax, when applicable, and follow labor laws. However, these requirements are governed by the State and therefore it is not necessary for them to be specified in the recommended regulations.
This matter was reviewed by Deputy City Attorney Marsha Yasuda on April 18, 2023, and by Revenue Management Officer Geraldine Alejo on April 17, 2023.
TIMING CONSIDERATIONS
City Council action is requested on May 9, 2023, to allow commencement of this work.
FISCAL IMPACT
The sidewalk vending program has a minimum estimated cost impact of $407,053, of which $40,000 is a one -time cost for program implementation in FY 23. The remaining amount of $367,053 are estimated structural costs following program implementation to cover efforts in the FM, Health, LBPD, and PW.
The estimated FY 23 one-time costs of $40,000 includes $8,000 to integrate the sidewalk vending program into the existing GoLongBeach application and $32,000 for education and outreach efforts and enforcement. One-time implementation costs are unbudgeted ; however, an appropriation increase is not requested at this time. If needed, an appropriation request will be made to the City Council once program timing is established and following a review of existing resources budgeted in the applicable departments available to support these expenditures in the current year.
In addition to one-time implementation costs, the sidewalk vending program is estimated to result in a minimum annual structural cost increase of $367,053 based on a current assessment of program needs. Of this amount, Health’s costs are estimated at $188,612 and include $126,914 for an Environmental Health Specialist for inspection and permitting, as well as $61, 698 for materials and supplies. The increased cost to FM is estimated at $78,441 for a Clerk Typist III and $10,000 for materials and supplies. This FTE increase in FM is in addition to an expansion of current staff duties to support the program. Finally, an estimated $100,000 for additional on-going enforcement support may be required from PW and LBPD. Ongoing funding and staffing levels to successfully implement the program will need to continue to be evaluated as the program moves
HONORABLE MAYOR AND CITY COUNCIL
May 9, 2023
forward and details are refined. On-going costs are not budgeted. Following City Council approval of the program, staff will return with a request for appropriation and funding from the General Fund and Health Fund Groups as part of the FY 24 budget process, along with any offsetting program revenue that may be identified from new and adjusted fees to be proposed in FY 23. The City will begin to incur these costs in FY 23 at the onset of the program. Staff will monitor program expenditures and the ability to fund within current budgeted resources. If needed, staff will return with a request for appropriation in FY 23.
As part of program implementation, the Health and FM Departments will return to the City Council with proposed new and adjusted fees. The Health recommends annual permit rates at $300 for food service carts without plumbing , $730 for food service carts with plumbing, and $253 for tricycles. Plan check fees will also be assessed based on the risk level associated with the food type available from the vendor ranging from $250 to $1,165 according to risk levels associated with food type. During these early stages of program development, Health is estimating their total annual costs related to sidewalk vending (inclusive of additional cost noted above) to be $360,000 and is estimating revenue from these fees to be roughly $100,000 annually. This will result in an estimated $260,000 annual program shortfall to be subsidized with City funds. A subsidy is recommended as cost recovery may create financial barriers to operators. Additionally, FM recommends establishing a new sidewalk vending business license fee at $300 per year which will be subject to annual CPI adjustments. This business license fee is calculated to offset the full cost of service associated with FM’s program costs, unless directed by City Council to develop a lower fee based on a justification for a subsidy. A request by each department to amend the Citywide Master Fees and Charges Schedule to establish these rates will return to City Council for approval in FY 23. Fees and charges associated with the program will need to continue to be monitored along with program expenditures, with adjustments to align with full cost recovery where appropriate.
This recommendation has a significant staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. Approval of this recommendation will provide continued support to the local economy. The number of additional local jobs associated with this recommendation is unknown.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
THOMAS B. MODICA
CITY MANAGER
ATTACHMENTS: A – LWC CONSIDERATIONS AND RECOMMENDATIONS REPORT B – STAFF’S SIDEWALK VENDING: COMMUNITY ENGAGEMENT REPORT
Considerations and
Recommendations Report
Sidewalk Vending Ordinance
City of Long Beach
Prepared by:
Lisa Wise Consulting, Inc. (LWC)
December 2022
ATTACHMENT A
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 1 MEMO
To: City of Long Beach
From: Lisa Wise Consulting, Inc.
Date: December 2nd, 2022
Subject: Departmental Interview Summary Memo
Introduction
Lisa Wise Consulting, Inc. (LWC) is assisting the City of Long Beach (City) in the development of a Sidewalk Vending Ordinance. As part of this effort, LWC conducted 9 virtual Interviews with City staff from August 3- 30 via WebEx. The objective of these in terviews was to gain a better understanding of the critical issues affecting sidewalk vending operation in Long Beach from the perspective of those departments responsible for regulating them.
This memo outlines 1) the common themes that arose from the Dep artmental Interviews, highlighting the “inside” perspective gained from City staff, and 2) a summary of specific responses given based on each question.
Common Themes
• Sidewalk Vendors provide an amenity for some individuals and communities but create a nuisance for others
The amenities that sidewalk vendors may provide include food options in food deserts or areas with limited variety in consumer choices , contribute to public safety by providing additional foot traffic and “eyes on the street,” supply goods and services in public areas, and activate the sidewalk with pedestrians. However, some individuals, business owners, and homeowners find sidewalk vendors to be a nuisance by providing inappropriate services (i.e. pole dancing instruction, mas sages) in public, attracting customers that would otherwise go to brick -and-mortar businesses, vending potentially unsafe or uninspected goods.
• Existing regulations and procedures are unclear and difficult to enforce consistently.
The Municipal Code does not currently present clear, consistent, and enforceable standards for how to regulate sidewalk vendors or resolve conflicts between stakeholders. While state law protects the operations of sidewalk vendors, jurisdictions can regulate their operating time and locations as well as require relevant permits . Long Beach currently has a disjointed permitting system across departments and, for instances in which it exists, confusing procedures for obtaining, approving, and enforcing relevant permits.
• City staff resources and capacity could pose challenges.
Due to a lack of clear direction from the Code, City staff often find departmental coordination on enforcement difficult despite good working relationships. City staff struggle to identify a department or party responsible for sidewalk vending regulations, and there are concerns that the existing staff does not have capacity to take on additional enforcement activities on a sustained basis . • The City would benefit from an enforceable, trackable Sidewalk Vending Program.
There are many opportunities available in a comprehensive Sidewalk Vending Program, including identifying geographies or zones designated for sidewalk vending operation and creating a clear,
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 2 trackable permitting structure. Regulations would need to be objective and enforceable, with clear internal processes for interdepartmental collaboration and straightforward enough for sidewalk vending operators to understand and follow. Centralized and coordinated o versight may help ensure that regulations and processes are efficient as well as compliant with state law.
Summary of Responses per Question
The LWC team used a standard survey instrument while engaging with representatives from each City Department. A summary of responses to each question is presented below.
Q1. With which department are you affiliated?
LWC interacted with representatives from the following City departments and offices:
o Development Services Department
o Economic Development Department
o Parks, Recreation and Marine
o Fire Department
o Police Department
o Development Services, Code Enforcement
o Development Services, Planning Bureau
o Office of the City Attorney
o Public Works Department, Transportation Mobility Bureau o Department of Health and Human Services, Bureau of Environmental Health o Public Works Department, Business Operations Bureau
o Public Works Department, Environmental Services Bureau o Department of Financial Management, Business Services Bureau o City Manager Department, Office of Equity
o City Manager Department, Office of Special Events & Filming
Q2. How does your department currently regulate or interact with sidewalk vendors? Respondents working in departments that regularly interface with sidewalk vendors provided a range of responses. Departments further removed from sidewalk vending operations had little to say or recounted what they had heard from their colleagues. Due to the uncertainty around state legislation, City staff was often unclear on their responsibilities as they relate to sidewalk vendors. o Certain City offices are focused on “frontline” enforcement. This includes:
▪ Fielding complaint calls focused on health code violations, parking violations, questionable goods/services, misuse of public pa rking lots and access to public right-of-way; and
▪ Enforcement actions are seen as limited due to state law and lack of citywide policies
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 3
Q3. In your experience, on which streets, corridors, parking areas, or neighborhoods do sidewalk vendors tend to conduct business?
Interviewees listed numerous places that sidewalk vendors conduct business. While location throughout the city vary, parks, beaches, and areas with active nightlife were mentioned by most groups. Respondents mentioned that sidewalk vendors tend to avoid the bicycle path that runs along the beach. The following locations were mentioned:
o Downtown (along Ocean Blvd., Long Beach Blvd. Atlantic Ave., Pine Ave.) o The Pike Outlets/Shoreline Village (along Shoreline Dr., Pine Ave.) o 4th Street Corridor
o Artesia Blvd.
o Beaches: Junipero Beach, Alamitos Bay, Alamitos Beach, Belmont Shore, R ainbow Harbor, Granada Beach, Mothers Beach, Bayshore, Horny Corner o Parks: Colorado Lagoon, Bluff Park, Bixby Park, parking lots of parks, area around Recreation Park (7th St., Anaheim St., Pacific Coast Hwy (CA-1).
Q4. In your opinion, how do sidewalk vendors impact specific communities and neighborhoods? What do you think the public perception of these vendors is? Please feel free to highlight positive, neutral, and/or negative impacts.? Respondents discussed both positive and negative impacts of sidewalk vendors , including economic considerations, health and safety, and traffic. Departments that directly interface with sidewalk vendors tended to be candid about regulatory/enforcement difficulties. o Positive
▪ Provide an option for customers who want quick and convenient options for goods and services, especially in areas that might lack shops and restaurants in walking distance
▪ In beach areas vendors may provide much needed food and beach supplies such as sunscreen, sunglasses and towels.
▪ Activate sidewalks with foot traffic and economic activity. ▪ Help entrepreneurs start a food service business without the overhead and investment of brick -and-mortar restaurants, which provides an acc essible business model to immigrants and members of underrepresented communities. ▪ Can supplement street events and festivals with on-site food and merchandise o Negative
▪ Create tension with established businesses (including beach/park concessionaires and ice cream truck operators) due to perceived competition for the same pool of customers.
▪ Seen as “free riders” who benefit from the investments and taxes paid by businesses or concessionaires (in the case of some parks and beaches) ▪ May constitute a public health hazard by selling food without proper inspections ▪ Create disturbances with noise and litter.
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 4 ▪ Contribute to parking problems by operating in locations with limited parking (e.g., residential parks) and taking up multiple spaces for the vehicle and its employees and patrons.
▪ Businesses have had problems with non -food street vendors blocking driveways to some businesses or with some customers saying that they “didn’t got to the facility because they didn’t feel safe parking at the facility.” ▪ Noise and events that occur from vendors spur complaints among residents , particularly for people who work nights
▪ Some property owners report that l they can’t lease their space because “it looks like there is an encampment” in front of their property ▪ Some sidewalk vendors will locate in front of businesses that sell similar products, seemingly to attract customers who would otherwise patronize the brick-and- mortar establishment.
▪ Some services, such as massages and haircuts, are potentially disruptive. ▪ Entertainment services such as pole dancing are occurring in public spaces near families
▪ Concerns that food vendors can serve as a conduit for organized crime with allegations of human trafficking
▪ In the Downtown Area around nightlife, drunk people loiter near sidewalk vendors while waiting for food and while eating . The presence of crowds of inebriated people in the public right -of-way could create danger and increase risk of arguments or violence.
▪ Unpermitted vendors are vending while vendors who would like to vend legally are unable to.
▪ Vendors occupying too much open space at parks and beaches, leaving little open space for the public to enjoy
▪ Clandestine alcohol sales and vending are occurring in parking lots of p arks and beaches.
▪ Not sure if it is reasonable that people will be able to sell merchandise on the street because of public opinion, especially with more expensive merchandise, technology, or devices that could access private information such as mobile phones
Q5. In your opinion, what is working well with your department’s sidewalk vending regulation or interactions in Long Beach?
o Most interviewees did not express positive components of their department’s current regulations or work -related interactions w ith sidewalk vendors. Although many interviewees had positive individual perceptions or experiences with sidewalk vendors, departmental interactions were primarily critical.
o Many departments expressed a desire to work more cooperatively with sidewalk vendo rs and create a regulatory environment that promotes sidewalk vending. o Some departments felt their outreach and communication with sidewalk vendors was effective or improving, however most saw substantial room for improvement
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 5
Q6. In your opinion, what is not working well with your department’s sidewalk vending regulation or interactions in Long Beach?
o Without clarity and consistency in regulations governing sidewalk vending operation, many departments do not have the ability to act on complaints, nor do they have effective tools to resolve conflicts between stakeholders (i.e., sidewalk vendors , business owners, activists, and residents).
o Administering permits can be disjointed , with the municipal code d iffering from departmental procedure. Some departments, such as the Finance Department, only have the authority to provide temporary permits for special events and short-term retail sales.
Public works does not have an encroachment permit for vending carts, but the Long Beach Municipal Code does not permit sidewalk vending in the public right of way without an encroachment permit from Public Works. There is currently no permitting, policy, or regulation for sidewalk vendors to operate in the public right-of-way in a permitted manner. ▪ In lieu of beginning the process for obtaining an encroachment permit, Public Works currently directs interested sidewalk vendors of prepared food to the Bureau of Environmental Health to seek a local health permit. Given current health permit requirements, the response to sidewalk vending applicants from the Bureau of Environmental Health is typically to deny an operating permit. o The Police Department doesn’t have authority to make vendors leave an area unless they are creating potential safety hazards. Although they do not necessarily want to take enforcement action, as of now there isn’t clarity either in the municipal code or by departmental policy on how the police should interact with vendors.
Q7. In your opinion, what are the biggest challenges sidewalk vendors face in running their business safely and legally? What changes would sidewalk vendors need to make to overcome these challenges?
o Limited access to commissaries and other essential services (utilities, restrooms, running water, etc.) necessary to running a vending business safely and efficiently, particularly for vendors selling food
o No “one-stop shop” for permitting, licensing, and understanding the variety of regulations sidewalk vendors are subject to in Long Beach
o Education and language barriers for accessing relevant information, regulations, and restrictions
Q8. In your opinion, what are the biggest challenges the City may face in establishing a Sidewalk Vending Program? Biggest challenges for your department? o Education: regulations need to be comprehensible, clearly defined, and easy to convey to the public, sidewalk vendors, and City staff.
o Enforcement: regulations need to be objective, enforceable, and compliant with state law meaning:
▪ Distinct in applicability and purview (e.g., regulating sidewalk vendors on specific streets, regulating public right-of-way or private property, etc.); ▪ Clear definition of authority and responsibility of departments/offices; and ▪ Realistic in terms of funding, staff, and capacity to fulfill departmental duties.
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 6 ▪ Adaptable to new state legislation on sidewalk vendors, including current SB 946 (Safe Sidewalk Vending Act) which prohibits local authorities from:
• Requiring sidewalk vendors to operate in a specific area, unless the local authority is restricting vending to protect the community’s health, safety, or welfare.
• Requiring vendors to ask permission from businesses or anyone besides the government.
• Prohibiting sidewalk vendors from operating in public parks, unless the park has a concession agreement, or the park is restricting vending in to protect the community’s health, safety, or welfare.
• Restricting the number of sidewalk vendors, unless the city or county must restrict the number of vendors to protect the community’s health, safety, or welfare.
o Public relations and perception: Various advocates for sidewalk vendors have tried to bait city staff into violating state law or into an unnecessary confrontation Examples of this have occurred at Junipero Beach, where a person who claims to be an ally of the street vendor draws attention to code -enforcers and claims that enforcers are acting outside their authority and with malice towards the sidewalk vendor. o Communication: City departments/offices need collaboration tools beyond personal relationships and a unified way to log/track conversations, complaints, etc. (e.g., an internal customer relationship management [CRM] platform)
o Public facilities: Increased foot traffi c and consumption of foods and beverages at parks may increase public restroom usage, a fee that park concessionaires currently contribute to through revenue sharing agreements.
o Insurance: Requiring insurance for sidewalk vendors may be a difficult bureau cratic process because there is such a back log of filing. However, if the process was streamlined, some people may self-police.
Q9. What are your ideas for how to best design a Sidewalk Vending Program that works for all stakeholders and community members? How could your department meet the needs or facilitate the operations of sidewalk vendors?
o Time and Geography-based approaches
▪ Have a plan for sidewalk vending parking and traffic management, especially during special events and weekends, depending on density in different parts of the City.
▪ The City should ensure that sidewalk vendors do not interfere with foot traffic or obstruct the path of travel in public facilities.
▪ Limit the permitted hours of operation with varying requirements based on location, day-of-week, events, crime data, or other relevant circumstances to limit loitering and propensity for crime and violence.
▪ For operating at parks and beaches, a separate permit or application should be required with a revenue sharing agre ement, similar to current concessionaries. I f the park/beach is seeking vendors as an amenity, an RFP system could be useful. o Streamline the City’s licensing/permitting process
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 7 ▪ Limit the number of permit approvals needed and allow improved regulations to function based on limited permits (e.g., the process for obtaining a health permit is all-inclusive).
▪ Delineation of the difference between mobile and stationary vendors with relevant policies and permits applied to each.
▪ Establish a solid permitting structure and a “one -stop shop” for acquiring licenses/permits necessary to vend on the sidewalk in Long Beach, either in a single department/office or with clear mechanisms for collaboration among departments.
▪ Create identifia ble and portable registration markers for sidewalk vendors to display showing compliance with relevant permits or regulation. Could be a sticker for their conveyance or something they can display on their person (themselves). ▪ Ensure the affordability of p ermitting processes and other compliance measures so that vendors are encouraged to comply with the law and not burdened by high start-up costs.
▪ Insurance policy requirements for vendors, to protect themselves from lawsuits.
Similar to the $2 million policy that beach concessionaires are currently required to have
o Streamline the City’s enforcement ability
▪ Focus on health, safety, and welfare concerns.
▪ Involve the Office of Equity early to ensure both operators and residents are treated fairly in the face of community/business opposition. ▪ Violations of potential regulations need to be codified and clearly enforceable, with potential escalations for future infringement.
▪ Have dedicated staff resources for inspecting and enforcing sidewalk vending regulations.
▪ Parks may need additional or specialized enforcement officers, especially parks with concessionaires. Should parks have their own enforcement, they could act as navigators that inform violators how to legally sell goods and services. ▪ Enforcement should include education for violators on how to properly vend and prioritize swift action to discourage other vendors from circumventing relevant policies due to lax enforcement.
o Incorporate health and safety requirements
▪ Standards and clarity on per mitted conveyance and uses , including methods of heating and chilling food items.
▪ Cleaning and sanitation requirements, both during operation and at end of day to ensure that waste is properly disposed.
▪ Safety officers or other means of limiting potential risk of attacks on sidewalk vendors. Many vendors are women and operate cash businesses, therefore some individuals may view them as an easy-target for theft.
o Public education campaign directed as local residents and patrons of sidewalk vendors ▪ Patrons of sidewalk vendors may assume that they are endorsed by city and have relevant compliance standards because they are operating there.
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 8 ▪ A “see something, say something” sign with relevant contact information for reporting sidewalk vendor violations
o Establish a Sidewalk Vending Coordinator position to oversee and implement the above recommendations
▪ Coordinator should help department al communication , streamlining regulation/enforcement and ensuring sidewalk vendors receive proactive assistance with business development.
▪ Coordinator should create a toolkit to help sidewalk vendors conduct business successfully.
▪ Coordinator should manage a multi-lingual City website or webpage for clearly communicating regulations and resources to help sidewalk vendors operate safely and legally.
▪ City’s Office of Cannabis Oversight provides an example of a “one-stop shop” and point person to navigate the more extensive regulations.
Q10. Is there anything else you would like to add?
o Sidewalk vendors appear at all times of the day, so considering how enforcement can operate 24 hours per day is prudent.
Q11. Is there anyone else we should talk to?
o Outside of other departments that were met with during the interview process, some interviewees recommended conducting interviews with sidewalk vendors themselves.
Q12. Can we follow up with you if we have additional questions? o Participants were unanimous in their willingness to continue collaborating with the team throughout the project.
983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 1 MEMO
To: City of Long Beach
From: Lisa Wise Consulting, Inc.
Date: December 2nd, 2022
Subject: Long Beach Municipal Code Audit Summary Memo
Introduction
As part of the City of Long Beach (City) Sidewalk Vending Program, Lisa Wise Consulting, Inc. (LWC) is conducting an audit of the Long Beach Municipal Code (LBMC). The purpose of the audit is to identify key challenges in the LBMC as they relate to sidewalk vending, including issues with zoning and land use controls, parking regulations, public right of way issues, licensing, public health and sanitation, noise, and other issues as indicated by research. The LBMC audit memo includes chapters and sections of the LBMC that address sidewalk vending in adequate or inadequate ways, as well as chapters and sections that typically would address sidewalk vending but remain silent. This audit focuses particularly on sidewalk vendors, and does address ice cream trucks and food trucks where relevant and appropriate based on the definition of mobile and/or stationary vendors . While such ice cream truck or food truck regulation may provide context for the City’s current precedent and procedures, the provisions in SB 946 do not apply to vendors vending from motorized vehicles.
In considering modifications to its current code, Long Beach much be aware of state regulations established in SB 946. SB 946, or the Safe Sidewalk Vending Act, was signed into law by former governor Jerry Brown in 2018. This law focused on decriminalizing sidewalk vending throughout the state. While the law permits sidewalk vending statewide, it does allow jurisdictions to implement sidewalk vending regulations directly related to health, safety, or welfare concerns as well as allowing licensing requirements and restricting hours of operation. In public parks, beaches, and plazas jurisdictions are permitted additional authority to ensure that recreation opportunities are not unreasonably affected by commercial vending and that the scenic and natural characteristics of the park are maintained by preventing a n undue concentration of commercial activity.
In addition to SB 946, the City should be aware of the potential for SB 972 to take effect. In response to food and beverage sidewalk vendors struggling to comply with permitting requirements and the California Retail Food Code, Senator Lena A. Gonzalez (D-Long Beach) introduced Senate Bill 972 in February 2022 to aid street food vendors by removing barriers to accessing food vending permits. The bill seeks to “reduce unpermitted vending, protect public health, and create a more equitable economy for women, low -income individuals and people of color who form a major part of the industry and contribute to the State’s economy as micro-businesses.”
983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 2 Key Findings
The LBMC currently doesn’t have a comprehensive process for accommodating the need s of sidewalk vendors. Specific regulations that pertain to such vendors can be found in Chapter 5.66 (Peddlers) and Section 21.45.170 (Vending Carts). However, other regulations that may apply to—or could be interpreted to include—sidewalk vendors exist throughout the code. There are several instances in which the code language is unclear about what sidewalk vendors may be included in a code, specifically stationary sidewalk vendors and those selling merchandise or services. This audit summarizes the relevant content of the LMBC for sidewalk vendors. The subsequent section, Definitions, provides definitions from the LBMC that may be applicable to sidewalk vendors or useful in understanding tangential, or other similar uses.
LBMC Audit
Zoning and Land Use
Titles 21 and 22 make up the Zoning Code of the LBMC and contain a total of 43 chapters. Each chapter is divided into sections and subsections, and in some instances is further organized into divisions. Chapter
21.30 (District Established) establishes 39 unique use -based base zoning districts. The following seven chapters (21.31-21.36) specify permitted uses, development s tandards, and site plan review policies for each base zoning district. The Zoning Code includes over 130 land use that are organized in a variety of categories, including residential, commercial, automobile (vehicle), entertainment, public and semi -public, institutional, personal services, retail services, and others. The Zoning Code currently requires an administrative use permit (AP) for “vending carts (food only) ” to vend in all zones . Non-food goods and services that may potentially be sold by mobile or stationary vendors are not explicitly mentioned.
References to food-only vending carts in Titles 21 and 22 are limited to:
• A definition in Chapter 21.15 (Definitions) (see below), specifically Section 21.15. 3225 (Vending cart);
• Listing as subject to an administrative use permit in all Neighborhood, Community, Regional, and Other commercial districts in Chapter 21.32 (Commercial Districts), specifically Table 32 -1 (Uses In All Other Commercial Zoning Districts);
• Listing as subject to an administrative use permit in Light Industrial, Medium Industrial, and General Industrial districts, as well as not allowed in Port -Related Industrial districts in Chapter 21.3 3 (Industrial Districts), specifically Table 33-2 (Uses In Industrial Districts); • Special Development Standards in Chapter 21.45 (Special Development Standards), specifically Section 21.45.170 (Vending carts). Among other regulations, this section establishes a requirement for an encroachment permit issued by the Public Works Department to vend in the public right of way. See Appendix A for the full contents of the Section; • Permit requirements in Chapter 22.15 (Uses), specifically Section 22.15.030 (Permit Requirements—Permitted Uses) which lists that an administrative use permit is required in all mixed-use zones (RMU3, RMU4, RMU3 -A, RMU4-A, MU-1, MU-2, MU-3, MU-1-A, MU-2-A, MU- 3-A, C3, C3-A);
• Specific Use Standards for a Pop -Up Shop/Itinerant Vendor in Chapter 22.22 (Specific Use Standards), specifically Section 22.22.080 which reads that a pop -up shop/itinerant vendor “may be conducted in conjunction with a vending cart subject to permit requirements .” It is important to
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 3 note that pop-up shop or itinerant vendor is not defined at any point in the municipal code thus it is unclear what activities trigger these standards;
• Specific Use Standards for Vending Carts in Chapter 22.22 (Specific Use Standards), Section
22.22.090 establishes the following:
A. Operating hours for all uses shall be limited between the hours of seven (7:00) a.m. and ten (10:00) p.m., unless modified through an approved Conditional Use Permit.
B. Parking shall not be required for temporary or reoccurring vending carts.
C. Vending cart uses are subject to Section 21.45.170.
Parking
Chapter 21.41 (Off-Street Parking and Loading Requirements) of Title 21 (Zoning) includes three divisions (General Provisions, Parking Regulations, and Loading Regulations). Division II establishes parking requirements for a variety of uses , including retail, restaurants and services. Division III of Chapter 21.41 details the City’s loading regulations. Neither Division II nor Division III lists vending carts or other terms that may be considered sidewalk vending as a use with dedicated parking.
Public Right of Way
It is important to recognize that SB 946 (Safe Sidewalk Vending Act) only applies to vendors using a non - motorized conveyance. Much of the LBMC focused on Public Right of way only applies to parking for vehicles and as such may need to be modified to account for sidewalk vending activities.
Title 10, the Vehicles and Traffic Code of the LBMC, has 42 chapters that generally address vehicular traffic control, traffic violations, parking restrictions and regulations, and provisions on the use of modes of transportation other than automobiles (i.e., bicycles and skateboards).
Chapter 10.22 (Parking – Regulations) of Title 10 (Vehicles and Traffic) establishes basic vehicular provisions related to stopping, standing, and parking. Section 10.22.090 (Mobile Vendor Parking Prohibited Area) mentions that “No driver or operator of any mobile vending vehicle shall stop, stand or park, for the purpose of offering any food or goods for sale, in any public street or place within the parking impacted area.” However, it is unclear if this section applies to sidewalk vendors that are not operating a motorized vehicle.
Title 14 (Streets and Sidewalks) regulations obstructions and construction occurring on a public street or right-of-way. While much of Title 14 apply to const ruction and facilities, Chapters 14.04 (Obstruction of Streets and Sidewalks), contain provisions that may apply to sidewalk vendors. Section 14.04.010 bans individuals from congregating upon or using any street, alley, pier or park in such a manner as to obstruct the free use of all or any part of said street, alley, pier or park. Sections 14.04.030 (Selling on Streets Prohibited) and 14.04.040 (Goods on Sidewalks Prohibited) bar individuals from selling or displaying merchandise from any public street in the City.
Chapters 14.14 (Occupation of Public Walkways) and 14.15 (Parklets) establishes guidelines for using sidewalks and parking spaces to extend business operations. However, both sections are unlikely to apply to sidewalk vendors as permits may only be issued to owners of property directly adjoining that portion of the public walkway and/or other right -of-way upon which the obstruction is to be located, or to lessees of such property with the co nsent of the property owner. Section 14.14.040 (Public Walkway Occupancy Standards) establishes that the minimum width of the public walkway shall be not less than ten feet (10'),
983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 4 and such obstructions must permit at least five feet (5') of unobstructed ar ea of public walkway, unless otherwise approved by the City Engineer. While this provision does not currently apply to sidewalk vendors, and only applies to adjacent property owners, the distance precedent may be relevant for future sidewalk vending regulations.
Licensing/Permitting
Title 5, Regulation of Businesses, Trades and Professions, identifies those businesses, trades and professions conducted in the City that require local regulation in order to promote and protect the pub lic health, safety, and welfare of Long Beach and its citizens. Chapter 5. 66 (Peddlers) establishes permitting requirements and standards for operating conditions for peddler’s license s. The requirements and standards detailed in this chapter are applicable to all peddling operations within the City, including where and when peddlers may operate.
This Chapter establishes the most robust set of requirements for peddlers in the LBMC, specifically Section
5.66.060 (Downtown area vending permits) which clarifies the provisions necessary for receiving a vending permit in the downtown area and establishes detailed operation standards that apply to the downtown only.
The full text of Section 5.66.060 can be found in Appendix B.
Most other areas of the city lack a requirement of a vending permit and are only subject to minimal standards elsewhere in Chapter 5.66. Without a clear department or City staff member designated to ensure operating conditions are adhered to, the utility of the requirements diminishes. The California Retail Food Code establishes that a local enforcement agency must require a Health Permit for all food facilities operating in a given jurisdiction, which includes sidewalk vendors that sell food. The City of Long Beach Department of Health and Human Services, Bureau of Environmental Health is the local enforcement agency for the Health and Safety Code in Long Beach.
Business License Tax
Chapter 3.80 (Business License Tax) establishes that it is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the City without first having procured a license from said City to do so and paying the tax hereinafter prescribed and without complying with any and all applicable provisions of this Code, and every person conducting any such business in the City shall be required to obtain a business license except in cases of such requirement conflicting with applicable statutes of the United States or of the State of California.
The following business license taxes may be applicable to sidewalk vendors as found in Section 3.80.253 (Taxes on selected individual businesses):
• Food products - mobile - three hundred eight dollars and one cent ($308.01) for each mobile food unit annually (based upon CPI base year 2000); and
• Peddling - nine hundred five dollars and eighty cents ($905.80) annually or ninety dollars and fifty- eight cents ($90.58) each day (based upon CPI base year 2000) Sidewalk vendors supplying services (see definition below) may be subject to the busine ss license tax found in Section 3.80.243 (Tax on services). Business license tax for service vendors consists of a flat tax of two hundred forty -four dollars and fifty -eight cents ($244.58), plus twelve dollars and seventy cents
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 5 ($12.70) for each employee of such business based on its average number of employees (based upon CPI base year 2000).
Public Health and Sanitation
Title 8, the Health and Safety Code of the LBMC, has 48 chapters that generally address health and safety requirements for individuals a nd establishments (i.e., food facilities). The health and safety requirements pertaining to food sale regulations; food facilities; and polystyrene food packaging ; and noise impact a sidewalk vendor’s ability to operate in the City. The California Retail Food Code provides some limitations on what can be addressed in local municipal codes.
Chapter 8.16 (Food Sale Regulations) details regulations on food quality and food coverings to maintain proper food safety. These regulations may apply to sidewalk vendors that sell food, specifically Section
8.16.050 (Fruit and vegetables—Covering required) as it requires a covering for the sale of many fruits and vegetables.
Chapter 8.45 (Food Facility) outlines health and safety guidelines for “food facilities” including commissaries, food establishments, mobile food preparation units, mobile food vehicles, restricted food service transient occupancy establishment, and stationary mobile food preparation units. As it is defined in Section 8.45.010 (Definitions), sidewalk vendors fall under “mobile food preparation units” or any mobile food facility or portable food service unit upon which food is prepared for service, sale, or distribution at retail.
Additional provisions that impact sidewalk vendors are established in Chapter 8.63 (Polystyrene Food Packaging). Chapter 8.63 establishes regulations for the use of polystyrene food packaging by food providers, but there is some discrepancy related to whether sidewalk vendors are designated as “food providers” or “small food providers.” See Definitions (below) for more information.
Although Chapter 8.40 (Mobile Food Vending Vehicles) does not apply to sidewalk vendors (see definition below), it may be worth noting that Chapter 8.40 establishes health and safety provisions pertaining to the construction of mobile food vending vehicles as well as requirements for food packaging, preparation and distribution of beverages, dating of food, operation of heating appliances, refrigeration of food stuffs, storage of ice, waste disposal, and permitting for mobile food vending. Failure to abide by the provisions and requirements set forth in this chapter will prohibit mobile food vendors from obtaining the proper licensure and permitting required to operate a mobile food vending vehicle in Long Beach.
Title 8 does not include any regulation related to the provision of bathroom access for mobile food facilities.
Chapter 10 (Mobile Food Facilities) of the Ca lifornia Retail Food Code states that “a food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the enforcement agency, to ensure that restroom facil ities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one - hour period.” As it stands now, the City is relying on State regulations to require bathroom access to ensure uniform standards are adhered to. It could be beneficial to state in the municipal code that all mobile food facilities must follow State Health and Safety Code requirements in order to clarify the applicability of the provisions.
Noise and Other Nuisances
Chapter 8.80 (Noise) outlines rules and regulations for controlling unnecessary, excessive noise and vibration in Long Beach. Section 8.80.160 details the exterior noise limits pertaining to offensive noises and
983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 6 steady audible tones such as whines, screeches, or hums; repetitive noises such as hammering or riveting; and music or speech conveying informational content. The standards set forth in Section 8.80.160, Table A (Exterior Noise Limits) establish permissible noise levels by dBA in receiving land use districts by hour.
The provisions as stated in this section may impact a sidewalk vendor’s ability to operate during certain times of day depending on the nature and level of noise they emit and the district in which they operate ; however, the applicability of these limitations related to sidewalk vendors is not expressly clear. Chapter 8 is generally compliant with State law and is enforced through the City’s Proctor Office.
In addition to Chapter 8, LBMC Chapters 5 and 9 also impact sidewalk vendors. Chapter 5 includes noise and nuisance requirements and additional language that apply generally. Specifically, Section 5.66.020 (Operating Conditions for Sidewalk Vendors) read “n o person engaged in the business of peddling shall make any noise as prohibited by Long Beach Municipal Code Section 5.46.110. ” However, Section
5.46.110 no longer exists in the LBMC. Enforcement of these provisions is completed through Business License. Chapter 9 includes broad requirements that can be enforced through the Police Department.
Parks, Beaches, and Public Property
Title 16 (Public Facilities and Historical Landmarks) regulates public land in the City of Long Beach. Most relevant for sidewalk vendors is Chapter 16.16 (Parks and Beaches), specifically Section 16.16.060 (Sale or Solicitation Permit) which bans vending of goods, equipment, merchandise, food, beverage, service, or instruction on, at or from any public beach, marina, park, street or within any public place, facility, building or structure situated upon the tide and sub merged lands granted to the City by the State. For land not granted by the State, Section 16.16.060 bans vending goods, equipment, merchandise, food, beverage, service or instruction in, at or from any public park or place under the jurisdiction of the Rec reation Commission or on either side of streets contiguous therewith without first obtaining a permit to do so from the Director of the Department of Parks and Recreation. Furthermore, Chapter 16.55 (Advertising on Public Property and Facilities) bans adve rtising on public property or public facilities in Section 16.55.020 (Advertising/Recognition Agreements) which may impact sidewalk vendors looking to promote themselves.
Section 16.04.040 bans vending on Belmont Veterans’ Memorial Pier without a permit an d Section
16.08.504 bans vending on Rainbow Harbor Esplanade without a permit.
While not included in the Code, current Parks, Recreation, and Marine (PRM) regulations stipulate that all business operating on Long Beach parks, beaches, marinas or other facilities must pay a fee for the use of public property. Fees charged by PRM are either a percent of gross receipts with an annual required minimum or a negotiated flat fee. Larger businesses are usually charged a percentage of their annual gross receipts while smaller businesses are usually charged a flat fee. This policy is reflected PRM’s contracting and concessions agreements.
Chapter 16.40 (Municipal Market) outlines rules, permitting, and locations for the Long Beach Municipal Market which no longer exists in the city. While Chapter 16.40 is not relevant at the moment and does not apply to sidewalk vendors, it may contain useful regulations that can be repurposes for sidewalk vendors.
Definitions
The LBMC establishes definitions that relate to or address sidewalk vendors in several sections. The table on the following pages provides the most relevant definitions and a description of relevancy.
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 7 LBMC
Section
Term Definition Relevancy
21.15.3225 Vending
cart
Any wagon, cart, or similar wheeled container, which is not a "vehicle" as defined in the Vehicle Code of the State of California, from which food, beverage, or other consumable product is offered for sale to the public.
Applicable to sidewalk
vendors selling food
5.66.010 Peddle/
Peddling
Traveling or going from place to place, from house to house or business to business, displaying or selling any goods or food items by the taking of an order, and concurrently making of a delivery and shall also mean and include the transportation of any goods, wares or merchandise upon any street-approved vehicle or by any means whatsoever, which goods have not been sold to or ordered by a buyer prior to such transportation and which goods are intended to be offered for sale and delivery to members of the public, and it also includes the selling of a food product from a street-approved vehicle.
However, peddle or peddling shall not mean or include the delivery of goods by a person engaged in the business of selling such goods at a fixed place of business in the City or elsewhere and which goods have been ordered to be so
delivered, prior to such delivery; provided, however, that peddle or peddling includes the delivery of goods at the time of or within a period of two (2) hours from the time of obtaining such order for delivery, unless such order is placed by the buyer at a place of business of the seller.
Applicable to roaming
sidewalk vendors
8.63.020 Food
provider
Any person or place, other than a "Small Food Provider," that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away
consumption. "Food Provider" includes but is not limited to: (1) a grocery store, supermarket, restaurant, drive-thru, cafe, coffee shop, snack shop, public food market, farmers market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take-away
consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. "Food Provider" also includes any Franchise restaurant, drive-thru, café, coffee-shop or the like. "Food Provider" also includes any organization, group or individual that regularly provides prepared food to its members or the general public as a part of its activities or services.
Examples include providers
that could encompass
sidewalk vendors is stated
in the definition.
8.63.020 Small food
provider
A person or place that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away consumption, seating one hundred (100) or fewer persons.
Sidewalk vendors do not
typically include seating for
100 or more persons, so
this definition is relevant.
983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 8 LBMC
Section
Term Definition Relevancy
21.15.1765 Mobile food
truck
A food truck selling prepared foods and is permitted only at construction sites at the time when construction workers are on the site.
A second definition for
“mobile food trucks” which
includes regulatory
language regarding
permitted locations. This
definition is inconsistent
with the preceding definition
in Title 5.
21.15.3005 Temporary
activating
uses
Intended to provide a community benefit, encourage street activation, and reduce visual blight associated with vacant lots, as defined in Chapter 18.29, on a temporary basis and can include sporadic special events, such as cultural and
community events, or temporary retail or services uses, such as bike kitchens. Temporary activating uses are proposed by community-based public or private organizations that improve and enhance the social or economic welfare and quality of life of the residents of Long Beach, and provide a service to City residents, including, but not limited to, faith-based
organizations, local non-profit organizations or associations, Business Improvement Districts (BIDs), and organizations that have entered into a contract or agreement with the City to provide specific services or outreach, as determined by the Zoning Administrator.
Sidewalk vendors can be
utilized at temporary special
events to provide a
community benefit and
encourage street activation.
Sidewalk vendors have the
potential to be included in
this definition and/or their
relationship to this definition
should be anticipated.
5.37.110 Mobile food
preparation
vehicle
Any vehicle, including an unhitched trailer, upon which ready- to-eat food is prepared, cooked, wrapped, packaged, or
portioned for service, sale, or distribution. The term "mobile food preparation vehicle" shall not include "retail food vehicles." This definition is the most
closely related to food
trucks in the LBMC. This
definition may also be
intended to apply to
catering trucks.
5.66.010 Retail food
vehicle
A vehicle that sells or offers for sale food products including, but not limited to, ice cream, bakery goods, fish, meat, fruits, vegetables and milk. Retail food vehicle does not include vehicle from which food is prepared and sold.
This definition pertains to
ice cream trucks and other
similar vendors who do not
prepare food on-site.
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 9 LBMC
Section
Term Definition Relevancy
5.51.010 Ice cream
truck
A motor vehicle engaged in the curbside vending or sale of food.
This definition directly
pertains to ice cream trucks.
5.51.010 Food Frozen refrigerated desserts, confections or novelties commonly known as ice cream, prepackaged candies,
prepackaged snack foods or soft drinks, primarily intended for sale to children under twelve (12) years of age.
This definition directly
pertains to how “food” is
defined for ice cream
trucks.
3.80.146 Services Any business conducted or carried on by any person engaged in the business of providing services, repairs or improvements to or on real and personal property; renting or leasing personal property to businesses or persons; providing services to persons such as, but not limited to, laundries, cleaning and dyeing, shoe repair, barber and beauty shops, and
photographic studios; or involving the operation of a hotel or motel. "Services" includes, but is not limited to, the business of:
1. Auto repair, services (transportation) and garages;
2. Health service;
3. Miscellaneous repair services;
4. Personal and business services
Sidewalk vendors are
increasingly vending
services, especially after
the onset of the Covid-19
Pandemic
3.80.180 Peddling Traveling from place to place, house to house, building to building, selling or offering for sale any merchandise, including food or beverage.
While less detailed than the
definition found in 5.66.010,
this definition may apply to
roaming sidewalk vendors
3.80.180 Food
products -
mobile
Going from place to place selling or offering for sale from a mobile food vendor vehicle, ice cream vendor vehicle,
perishable foodstuff vendor vehicle, or grocery vendor vehicle.
Applies to vehicles and
seems to exclude sidewalk
vendors
983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 10 LBMC
Section
Term Definition Relevancy
8.44.010 Dealer Any person who sells or offers for sale, dispenses or delivers food at wholesale or retail, whether from a fixed place of business or otherwise, and includes the owner, agent,
employee and servant.
While sidewalk vendors are
not explicitly mentioned, this
definition may apply to
vendors that sell food
8.44.010 Food All articles used for food, drink, liquor, confectionery, condiment or chewing gum by human beings whether such articles are simple, mixed or compound.
Found in Chapter 8.44
(Restaurants) which
includes several provisions
that may apply to sidewalk
vendors
8.44.010 Food
Handler
Any person who engages or serves in any work, occupation or employment which requires or occasions the handling of any food or drink for human consumption or the handling of any dishes or other articles used in the preparation or service of such food or drink.
While sidewalk vendors are
not explicitly mentioned, this
definition may apply to
vendors that sell food
8.44.010 Mobile
Food
Vending
Vehicle
Any self-powered vehicle wherein or wherefrom only wrapped food, foodstuffs, products, liquids, or material intended for food or drink for human consumption are sold, served, distributed, or offered for sale, and mobile food preparation vehicles, as defined in Long Beach Municipal Code Section 3.57.010. A vehicle from which bakery products, ice cream, meat and eggs shall be dispensed shall not be included within the term "mobile food vending vehicle."
While this definition does
not apply to sidewalk
vendors, some of the
regulations may be relevant
for sidewalk vending
operations
8.44.010 Unsanitary
Wrapping
Includes any newspaper, used sack, used paper and any other covering or material that has been used.
This definition may apply to
vendors that sell food
14.04.030 Public
Street
Every highway, road, roadway, street, median, divider island, safety zone, alley, lane, course, place, trail, drive, bridge, viaduct, or trestle laid out or erected as such by the public, or dedicated or abandoned to the public, or intended to be used by or for the general public, except such portions thereof as are used or prepared for use by pedestrians as sidewalks
Applies to the locations in
which sidewalk vendors
may operate
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 11 LBMC
Section
Term Definition Relevancy
14.04.015 Right-of-
Way
Any easement or land owned by the City and used or
designated for use as a street, parkway, alley, utility corridor, walkway, promenade, or bike path, and the surfaces thereof, and the airspace above such surfaces and the subsurface area below such surfaces and includes any right-of-way to be dedicated in the future.
Applies to the locations in
which sidewalk vendors
may operate
21.15.3205 Vehicle A device by which any person or property may be propelled, moved, or drawn upon a street or highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
May clarify when mobile
vending guidelines apply to
sidewalk vendors with
human-powered devices or
those with motor vehicles
983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 12 Appendix A
LBMC: Section 21.45.170 - Vending carts.
A. Vending carts shall be allowed as open uses according to the following special development standards:
B. An administrative use permit shall be required by the City prior to issuance of a business license; C. Vending carts are limited to developed nonresidential sites; D. No more than two (2) signs, printed or affixed to each cart, which do not exceed two (2) square feet each, shall be permitted;
E. No sales shall be made to motorists or shall any sales interfere with vehicular traffic; F. No vending cart operator shall place or allow to be placed any permanent or temporary fixtures at the location of the vending activity, including, but not limited to, chairs, tables, advertising material or signs not affixed to the carts or storage facilities; G. The vending cart shall be prohibited from operating in any landscaped area; H. The vending cart shall not be located in any manner that blocks or impedes on -site vehicular or pedestrian circulation;
I. The vending cart shall not be located in or impede access to any required parking stall or space; J. The vending cart may operate during the hours of the retail or office complex, unless the conditions of approval contain more restrictive hours of operation in which case the more restrictive hours shall apply;
K. All vending carts shall be equipped with trash receptacles of an adequate size and quantity to accommodate all trash and refuse generated by such outdoor vending operation; L. The vending cart operator shall possess a valid Health Department permit if food is prepared or sold; and
M. Vending carts are not permitted to conduct business on any public right -of-way, unless an encroachment permit is issued by the Public Works Department. (Ord. C-7247 § 32, 1994)
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 13
Appendix B
5.66.060 Downtown area vending permits.
A. Notwithstanding the provisions of Section 5.66.020 or any other provision of this Code, the City Manager or his/her designee may issue nonexclusive revocable permits for vending food, beverages, merchandise or services on the public sidewalks, parkways, or other public property within the downtown areas bounded and described as follows:
1. That area beginning at the point of the intersection of the prolongation of the westerly line of Pine Avenue with the Convention Center boundary; thence northerly along the easterly line of Pacific Avenue to the southerly curbline of 6th Street; thence easterly along the southerly curbline of 6th Street to the westerly curbline of Long Beach Boulevard; thence southerly along the westerly curbline of Long Beach Boulevard to the southerly line of Ocean Boulevard; thence westerly along the southerly line of Ocean Boulevard to the point of beginning.
2. The Civic Center area within the following boundaries: the north curbline of Ocean Boulevard, the south curbline of Broadway, the west curbline of Pacific Avenue, and the east curbline of Magnolia Avenue.
No person shall conduct or engage in any vending activities on public sidewalks, parkways or other public property within said downtown areas without first having obtained a vending permit from the City Manager or his/her designee pursuant to the provisions of this Section.
B. The application for a permit under this Section shall be filed with the City Manager or his/her designee upon a form which is furnished by or acceptable to the City Manager or his/her designee.
The application shall be filed at least thirty (30) days prior to its proposed effective date. Each application shall be signed under penalty of perjury by the applicant, if a natural person; or by an officer or partner of the applicant, if application is a corporation, partnership, association or unincorporated company and shall contain full, complete and detailed information including, but not limited to, the following:
1. The name, address and telephone number of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers together with their respective addresses; or if a partnership, association or unincorporated company, then the names of the partners comprising the partnership, association or company, together with their respective ages and addresses. The application shall also state the trade name or style, if any, under which the applicant proposes to operate;
2. A description of the nature, extent, character and quality of the proposed vending activity, including the manner in which such proposed vending operation will be conducted and how the public property will be utilized;
3. The particular sidewalk or other public property and the specific area or areas thereof which will be utilized in connection with the proposed activity;
4. The date or dates or days of the week and the specific times that the described vending activity utilizing public property is proposed to be conducted;
5. Such other information as the City Manager or his/her designee shall require.
C. The City Manager or his/her designee may refer the application to the appropriate City departments for review, investigation, evaluation and recommendation regarding approval or disapproval of the
983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 14 application. No permit shall be issued for vending food or beverages without the prior review and written approval of the City Health Department.
D. The City Manager or his/her designee may issue a permit under this Section if it is determined that the following criteria have been met:
1. That the public convenience and necessity require said vending activity in the permitted area;
2. The proposed vending activity will not unduly impede, obstruct or interfere with the public's use of the sidewalk or other public or private property;
3. The proposed vending activity will not unduly impede, obstruct or interfere with the operation of emergency vehicles, equipment or personnel in or through the particular permit area;
4. The proposed vending activity will not adversely affect the City's ability to perform municipal functions or furnish City services in the vicinity of the permit area;
5. The proposed vending activity will not present a substantial or unwarranted safety or traffic hazard;
6. The proposed vending activity will not have a significant adverse environmental impact;
7. The proposed vending activity is compatible, consistent and suitable with the character, nature, general theme and appearance of the area; and comports with the public health, safety, morals and welfare.
E. In addition to the requirements of this Code or other applicable laws or rules or regulations promulgated with the City Manager, each permit shall contain such terms and conditions regarding the time, place and manner of utilizing the City sidewalks or other public property which are determined by the City Manager or his/her designee to be necessary and appropriate under the circumstances. No vending permit shall be issued under this Section for longer than one (1) year and shall be subject to revocation or cancellation at any time that it is determined that the permittee has violated any applicable law, rule or regulation or that it is in the City's best interests to revoke or cancel said permit. Each permit issued hereunder shall be subject to the provisions of this Code and all other applicable laws, rules and regulations which are in existence at the time the permit is issued or which are enacted, promulgated or amended at any time during the term of the permit.
F. The City Manager or his/her designee may deny, suspend or revoke a permit whenever it appears to the City Manager or his/her designee that a vendor is in violation of the terms and conditions of the permit or any of the provisions of this Code or any other applicable law, rule or regulation, or that there was misrepresentation or fraud involved in the application for the permit, or evidence of unfair or bad faith dealing with the public, or it is determined to be in the best interest of the City. The City Manager or his/her designee shall give written notice to the applicant or permittee of the denial, suspension or revocation. No person shall continue to conduct or engage in any vending activity after the City Manager or his/her designee has issued a notice of suspension or revocation.
G. Any applicant whose permit is denied or any permittee whose permit is suspended or revoked shall have the right to appeal said decision to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after the date the notice of denial, suspension or revocation is served upon or mailed to the permittee. Such notice of appeal shall set forth the specific ground or grounds upon which it is based. The City Council shall hold a hearing on the appeal within thirty (30) days after the City Clerk's receipt of the written notice of appeal, or at any time thereafter as the matter may be continued by the City Council. The permittee shall be given at least ten (10) days' written notice of such hearing. At the hearing the permittee or permittee's authorized representative shall have the right to present evidence and/or argument in support of permittee's appeal, and the determination of the City Council on the appeal shall be final. Any permittee whose permit is revoked shall not be eligible to apply for a permit under this Section for a period of one (1) year from the date of such revocation.
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 15 H. Each permitted vending activity shall be subject to inspection at any time by the Director of Financial Management, license inspectors, Police Officers, Health Department officials or other City representatives for the purpose of determining whether the vending activity is being conducted in compliance with the requirements of the permit and any applicable laws, rules or regulations. No person shall hinder, impede, interfere with or obstruct any such inspection.
I. Vending activities may be conducted only on the dates and at the times and locations and in accordance with the terms, conditions and requirements specified in the permit, and pursuant to all applicable laws, rules and regulations. All vendors shall keep and maintain their equipment in a neat, clean and safe condition and shall conduct all vending operations in a neat, orderly, safe and sanitary manner. Any vending activities shall not obstruct, interfere with or impede the free movement or use by the general public of any street, sidewalk, parking area, alley, way or other public or private property. All vending activities shall be conducted at a distance of more than five feet (5') from any public or private building or the property line of any business premises and at a distance of at least ten feet (10') from any entrance to any public or private building or business premises. No vending activity shall be conducted in a manner which disturbs, accosts, confronts, harasses, badgers or annoys any person.
J. Each permittee shall carry the vending permit issued pursuant to this Section on his/her person while conducting vending activities, and shall produce such permit for inspection upon the request of any Police Officer or any other authorized representative of the City. Each permittee shall, at all times while engaging in vending activities, display a valid vendor identification card, decal or sticker issued by the City Manager or his/her designee.
K. The following indemnification and insurance shall apply for each permit issued under this Section:
1. Each permit shall expressly provide that the permittee shall defend, indemnify and hold the City, its officials, employees and agents harmless from and against all claims, damage, demands, causes of action, loss, liability, proceedings, costs and expenses (including reasonable attorney fees) of any kind (collectively in this Subsection, "claim") arising from or attributable to or caused by the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permittee's activities under the permit; and the permit shall expressly state that permittee shall, at permittee's sole cost and expense, pay any settlement and satisfy any judgment rendered against the City, its officers, employees and agents resulting from permittee's activities under the permit. Permittee shall notify the City of any claim within ten (10) days.
2. Concurrent with the issuance of a permit under this Section and as a condition precedent to the effectiveness of the permit, permittee shall procure and maintain in full force and effect during the term of the permit insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040.
L. Every applicant and permittee shall pay the fees established for such applications and permits by resolution of the City Council.
M. Permittees holding valid vending permits issued under this Section shall be subject to the business license provisions of this Code and shall pay the business license taxes established for such vending activities.
N. Any person who violates any of the provisions of this Section shall be guilty of a misdemeanor. (Ord. C-7934 § 10, 2004; Ord. C-7423 § 25, 1996: Ord. C-6365 § 1, 1987; Ord. C-6260 § 1 (part), 1986)
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 1 MEMO
To: City of Long Beach
From: Lisa Wise Consulting, Inc.
Date: December 2nd, 2022
Subject: Sidewalk Vending Case Study Research Memo
1. Introduction
The State of California has passed legislation addressing sidewalk vending in 2018 that has led to the development of local sidewalk vending ordinances. SB 946, or the Safe Sidewalk Vending Act, was signed into law by former governor Jerry Brown in 2018. This law is intended to decriminalize sidewalk vending throughout the state . While the law permits sidewalk vending statewide, it does allow jurisdictions to implement sidewalk vending regulation s directly related to health, safety, or welfare concerns . In public parks, beaches, and plazas jurisdictions are permitted additional authority to ensure that recreation opportunities are not unreasonably affected by commercial vending and that the scenic and natural characteristics of the park are maintained by preventing an undue concentration of commercial activity.
In response, cities around the state have introduced policies that meet the needs of their residents and community-wide goals with regard to sidewalk vending. However, as communities have turned t o their municipal codes to provide guidance on permitting procedures, sanitation, nuisances, and more, they have found that their previous sidewalk vending regulations, if existent, were often out of compliance with state law or did not encompass the current breadth of sidewalk vending . Some communities have revised their municipal codes to address sidewalk vending operations on public and private property. Additionally, some communities implement detailed regulations that address the range of sidewalk vend ors, including both stationary (fixed location) and mobile (roaming) vendors that sell food, merchandise, and services. Not all of the ordinances detailed below have been tested by l egal challenges. It is possible that some contain provisions that may crea te a restraint of trade, which likely would not be upheld given judicial precedent from People v. Ala Carte Catering Co. (1979); others are justified based on subjective findings that could be challenged in court. This memo will indicate areas in the case study community programs that may need to be assessed in relation to this case law.
With the passage of SB 946 in 2018, sidewalk vendors who prepare food and beverages continued to experience difficulty in obtaining permits and complying with the California Retail Food Code with limited resources. In response, Senator Lena A. Gonzalez (D-Long Beach) introduced Senate Bill 972 in February 2022 to aid street food vendors by removing barriers to accessing food vending permits. The bill seeks to “reduce unpermitted vending, protect public health, and create a more equitable economy for women, low- income individuals and people of color who form a major pa rt of the industry and contribute to the State’s economy as micro-businesses.”
As part of the City of Long Beach (City) Sidewalk Vending Program, Lisa Wise Consulting, Inc. (LWC) has conducted targeted research into sidewalk vending programs in comparable case study jurisdictions as Task 3 of the project’s Scope of Work.
983 Osos Stree t, San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 2
2. Executive Summary
Table 2.1 provides a summary comparison across the four case study jurisdictions: San Diego, CA; Anaheim, CA; Oakland, CA; and San José, CA. These jurisdictions are relevant to Long Beach because of their size, structure and scope of sidewalk vending challenges and approaches. A discussion of each case study’s sidewalk vending regulations can be found in the following Section.
Table 2.1 Sidewalk Vending Ordinance Case Study Summary San Diego, CA
Pop. 1,386,932
Anaheim, CA
Pop. 353,085
Oakland, CA
Pop. 422,575
San José, CA
Pop. 1,013,240
Zoning,
permitted
locations, land
use controls,
and distancing
Roaming Permitted in
Residential Areas
Permitted in
Residential Areas
Permitted in
Residential Areas
Permitted in
Residential Areas
Stationary
Not allowed in
Residential Areas
Not allowed in
Residential Areas
Not allowed in
Residential Areas
Not allowed in
Residential or
Commercial Office
zones
Time and Date Restrictions
Vending on
residential blocks
may occur between 7
am & sunset.
Vending on non-
residential blocks
may occur between 6
am & 10 pm or the
hours of nearby
businesses
Sidewalk Vending
Permits are valid for
one year
Sidewalk Vending
Permits are valid
for 1 year
Vending on
residential blocks
may occur between
7 a.m. and sunset.
Vending on non-
residential blocks
may occur between
6 a.m. and 10 p.m.
or the hours of
operation imposed
on other
businesses on the
same block,
whichever is least
restrictive.
during the summer
moratorium
(Saturday before
Memorial Day and
preceding Saturday
and Sunday
through Labor
Day), the City
forbids sidewalk
vending from
certain areas.
Mobile Food
Vending Permits
are valid for one
year
90-day Seasonal
permits are
available
permitted operation
hours are 7 am to
10 pm
night vending may
be allowed if
adjacent
businesses are
open late.
Peddler permit and
licenses expire two
years after the date
of its issuance.
Peddling is
permitted between 8
a.m. & 10 p.m.,
daily, except as
follows:
In residential areas,
Peddling is
permitted between 9
a.m. & 5 p.m.,
Pacific Standard
Time, and between
9 a.m. and 7 p.m.,
Pacific Daylight
Savings Time.
In nonresidential
areas hours of
operation shall not
be more restrictive
than the hours of
operation of nearby
businesses.
In parks, Peddling is
permitted during
hours the Park is
open to the public.
Specific regulations for parks
and other public spaces
Not allowed in parks
with concessions
agreement; Detailed
regulations for parks
and beach areas
Not allowed in
parks with
concessions
agreement;
detailed regulations
for Resort Area
Requires Parks
and Recreation
Department
vending
reservation
Not allowed in parks
with concessions
agreement
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 3 Table 2.1 Sidewalk Vending Ordinance Case Study Summary San Diego, CA
Pop. 1,386,932
Anaheim, CA
Pop. 353,085
Oakland, CA
Pop. 422,575
San José, CA
Pop. 1,013,240
Health and Sanitation
Requirements
Hand sanitizer
Maintain clean and
trash/debris free
environment
Trash receptacle
Spill kits (for food
vendors)
Maintain sanitary
conditions
Contain all refuse
Trash Collection
Plan
Restroom access if
after 1 hour.
Maintain clean and
safe location, store
and dispose of
garbage, and
produce odors
Refuse disposal and
sufficient trash and
recycling
receptacles
Litter removal
Access to adequate
sanitary facilities,
including restrooms
and/or portable
sinks and toilets.
Required
Permits/Licenses
Merchandise
Sidewalk Vending
Permit
City of San Diego
Business Tax
Certificate
California Seller’s
Permit
Sidewalk Vendor’s
Permit
California Seller’s
Permit
City of Anaheim
Business License
Mobile Vending
Permit
Oakland Business
License
Proof of Insurance
Peddler Business
Permit
Peddler Employee
License (if
applicable)
Insurance
San José Business
License Tax
Certificate
Approved Location
Permit (Stationary
Vendors)
Administrative
Permit (Stationary
Vendors)
Food
The above
requirements, plus:
San Diego County
Public Health Permit
San Diego County
Food Handler Card
The above
requirements, plus:
Orange County
Health Care Permit
The above
requirements, plus:
Alameda County
Health Permit
Fire Inspection
The above
requirements, plus:
Santa Clara County
Environmental
Health Permit
Each jurisdiction approaches sidewalk vending regulation differently based on unique circumstances and objectives, and some are continuing to explore methods to improve their regulatory approach to permitting, licensing, and enforcement. Clear and simple regulations are often most efficient to administer and enforce, but sidewalk vending regulation can become complicated when balancing the concerns of sidewalk vendors, brick-and-mortar business owners, public health, community groups, and residents. The following case studies provide insight on potential regulatory strategies the City may consider.
983 Osos Stree t, San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 4
3. Case Studies
3.1 San Diego, CA
The City of San Diego first adopted use regulations for sidewalk vending 1 in 2022 (henceforth referred to as “sidewalk vending” or “sidewalk vendors” for consistency). The ordinance (SDMC §36.01) is in response to California State Bill 946, described above. San Diego is a large and diverse coastal city that is seeking to provide economic opportunities to vendors and support a tourism economy, while also maintaining public health and meeting the needs of its residents.
San Diego provides specific regulations on the locations and times that vendors are allowed to vend, a nd for some locations has different regulations for stationing sidewalk vendors and roaming sidewalk vendors.
Distance requirements and public health requirements also impact the locations that sidewalk vendors are able to operate. These and other regulations are summarized in the subsections below. A City of San Diego Staff Report from February 2022 can be found in the appendix that details requirements and their justifications.
3.1.1 Zoning, permitted locations, land use controls, and distancing Sidewalk vendors in San Diego must have a vending permit in order to legally sell food and merchandise.
However, a vending permit does not provide an exclusive right to operate on any sidewalk or portion thereof.
Roaming sidewalk vendors face the fewest location restrictions and are permitted to operate in residential zones. To maintain accessibility standards, sidewalk vendors shall not place or allow any obstruction to be placed on the sidewalk that would reduce the width of the sidewalk to less than forty-eight inches excluding the curb, except for the brief duration of time for a roaming sidewalk vendor to conduct a sale.
Notwithstanding the foregoing, sidewalk vendors are required to move to provide access to the sidewalk to avoid impeding the flow of pedestrian or other traffic.
Stationary sidewalk vendors are not permitted to:
• Operate in a residential area
• Vend on a sidewalk less than 6 feet in width
• Vend within 50 feet of another stationary sidewalk vendor in any City-designated promenade, except that City-designated promenades that are defined as high-traffic sidewalks shall be subject instead to the prohibition on vending under section 36.0106(a)(11)(D). • Vend within 5 feet of any above- ground structure.
• Vend within 15 feet of any fire hydrant or fire lane.
No stationary sidewalk vendor shall vend and no roaming sidewalk vendor shall stop to make sales in the following locations:
• The East Village District
• The Gaslamp Quarter District
1 For consistency, the term “sidewalk vendors” will be used throughout this memo. The unique name each jurisdiction uses for this use will be mentioned in the section introduction, but then only used in reference to specific permits, definitions, etc.
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 5 • Any City property subject to a lease agreement so long as proper notice is provided of the prohibited location(s).
• In the public right-of-way, or any area that blocks the safe flow of pedestrians or vehicles; • Any public property that does not meet the definition of a sidewalk, including but not limited to any alley, beach, street, street or roadway median, or street end; • Any parking lots;
• On any slope greater than five percent or where signage indicates that wheels must be cramped to the curb;
• Any location that obstructs traffic signals or regulatory signs; • The Ballpark District during an event or game or within three hours before or one hou r after an event or game;
• Sports Arena Boulevard between Hancock Street and East Drive during an event or game or within three hours before or one hour after an event or game at the arena; • Within 18 inches from the edge of a curb;
• Within 5 feet in front of or 65 feet behind the sidewalk along a bus stop, tram or non-rail trolley stop as measured linearly along the curb from the sign marking the bus stop, tram, or non -rail trolley stop;
• Within 10 feet of a driveway, marked crosswalk, fire escape, or emergency exit; • Within 15 feet of any other sidewalk vendor; intersection; building entrance; high-traffic sidewalk; loading zone, parking space, or access ramp designed for individuals with disabilities; outdoor dining or patio area; public restroom; curb ramp; location with a valid encroachment permit displayed; or high-traffic bike and shared use path.
• Within 25 feet of any Beach access point or pier
• Within 50 feet of any railroad crossing or Major transit stop • Within 100 feet of the vehicle entrance of any fire station, police department, hospital, lifeguard station, or any other structure dedicated to health and safety emergency matters or any City street or sidewalk closure.
• Within 150 feet of Harbor Drive between Front Street and Park Boulevard during a convention or event held at the San Diego Convention Center or within three hours before or one hour after a convention or event at the Convention Center.
• Within 500 feet of any permitted event; any school while children are going to or from the school, during a recess period or within 30 minutes before or after the school’s opening or closing hours; or the open-air baseball facility, located in East Village currently known as Petco Park, and the indoor arena located in Midway District currently known as Pechanga Arena within three hours before or one hour after an event or game.
3.1.2 Definitions
The following relevant definitions are established in the San Diego Zoning Code. • Conveyance means any non -motorized wheeled device used to carry persons or property and includes pushcarts, pedal-driven carts, and wagons.
• Goods means items, personal property, merchandise, or any other similar item that is generally sold, including food and beverages.
• Portable cooking equipment means any gas-fueled appliance used to heat, cook, or prepare food or beverages on a conveyance by a sidewalk vendor.
983 Osos Stree t, San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 6 • Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
• Services are activities involving the performance of work for others or the provision of intangible items that cannot be returned once they are provided. Examples include hair braiding, face painting, massage, yoga, fortune telling, tattooing, and dog training. • Sidewalk means a public paved or hardscape path or walkway that is specifically designed for pedestrian travel. It excludes any area primarily designed for use by vehicles or the conveyance of storm water, any area planted with landscaping, or any area primarily consisting of dirt or sand. • Sidewalk vendor means a person who sells goods from vending equipment or from one's person upon a sidewalk. It includes both roaming sidewalk vendors and stationary sidewalk vendors. • Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location. • Vend or vending means with respect to any goods, to sell, offer to sell, expose or display for sale, solicit offers to purchase, barter, or require someone to negotiate, establish, or pay a fee before providing goods, even if characterized as a donation, on a public street, alley, highway, parking lot, sidewalk, or public right-of-way.
• Vending equipment means any conveyance, table, pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or any other free-standing equipment used for vending on the sidewalk. • Vending permit means a written City of San Diego approval required prior to vending.
3.1.3 Time and Date Restrictions
Sidewalk Vending Permits are issued by the Office of the City Treasurer and are valid for one year from the date of issuance and must be renewed annually . San Diego permits different hours of operations for sidewalk vendors in residential and non-residential blocks. During the summer moratorium (Saturday before Memorial Day and preceding Saturday and Sunday through Labor Day) , the City forbids sidewalk vending from certain areas.
• Vending activities on residential blocks may occur only between the hours of 7:00 a.m. and sunset.
• Vending activities on non-residential blocks may occur only between the hours of 6:00 a.m. and 10:00 p.m. or the hours of operation imposed on other businesses on the same block, whichever is least restrictive.
• Sidewalk vendors shall not vend on sidewalks on the following streets during the summer moratorium: Newport Avenue between Abbott Street and Sunset Cliffs Boulevard in Ocean Beach; Ventura Place between Mission Boulevard and Ocean Front Walk in Mission Beach; Garnet Avenue between Ocean Front Walk and Cass Street in Pacific Beach; and Coast Boulevard between Cave Street and the 200 block of Coast Boulevard South in La Jolla. • Vending is prohibited during the summer moratorium in Balboa Park, Mission Bay Park, and the Shoreline Parks, which are those parks contiguous to the shoreline or beach in the communities of Ocean Beach, Mission Beach, Pacific Beach, and La Jolla.
3.1.4 Vending in Public Parks, Plazas, Beach, and Tourist Areas The following provisions apply in public parks, plazas, and beach areas. Where the following provisions are more restrictive than those set forth in section §36.0106, Vending Locations (summarized in 3.1.1 of this document), sidewalk vendors shall comply with the more restrictive provisions . Oceanfront land, such as beaches, is subject to California Coastal Commission oversight and new regulations implemented by the 983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 7 city must receive ap proval from the Coastal Commission before they may take effect. Furthermore, regulations must conform with the County of San Diego Local Coastal Program. • Sidewalk vendors shall stop vending before the designated closing time of any public park, plaza, and beach area.
• Vending is permitted between 8:00 a.m. and sunset in public parks, plazas, and beach areas where there is no designated closing time.
• Sidewalk vendors shall not vend within 50 feet of another sidewalk vendor. • Sidewalk vendors shall not vend within 25 feet of any park decorative fountain, statue, monument, memorial, or art installation.
• Subject to applicable law, the City Manager is authorized to enact rules and regulations to prohibit vending in any space that would obstruct, damage or otherwise adversely affect the public’s use and enjoyment of natural resources and recreation opportunities or contribute to an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of a public park. If the City Manager enacts any such rules and regulations pursuant to section 36.0107(e), it shall be unlawful to vend in violation of any such rules and regulations. • Stationary sidewalk vendors are not permitted within any area of a public park or plaza if the public park or plaza operator has signed an agreement for concessions that exclusively permits the sale of goods by a specified concessionaire, provided that notice by signage or other means is provided to the stationary sidewalk vendor.
• Vending activities are prohibited in the following locations in Balboa Park:
o within 25 feet of: El Prado, Village Place, Pan American Road East, Pan American Road West, Pan American Plaza, Old Globe Way, Chapel Road, Spanish Village, Plaza de Panama, Plaza de California, Plaza de Balboa, War Memorial Building, the Carousel, Spreckels Organ Pavilion, Presidents Way, or any covered walkway. o within 25 feet of the following gardens: 1935 Old Cactus Garden, Alcazar Garden, Casa del Rey Moro Garden, Desert Garden, Florida Canyon Native Plant Preserve, Inez Grant Parker Memorial Rose Garden, Marston House Garden, Palm Canyon, Trees for Health Garden, Veterans Memorial Garden, and Zoro Garden.
o within 50 feet of the Botanical Building or Lily Pond. o within Balboa Park between December 25 and January 1. • Consistent with applicable law, the City Manager has the authority to reasonably limit the number of sidewalk vendors in certain parks by requiring sidewalk vendors to obtain an additional park sales permit to vend in the following parks: Balboa Park, Mission Bay Park, Ocean Beach Park, Mission Beach Park, Kellogg Park, Ocean Boulevard Park, Ellen Browning Scripps Park, South Mission Beach Park, and Torrey Pines City Park. If the City Manager requires an additional park sales permit pursuant to section 36.0107(h), it shall be unlawful to vend in such park without such permit.
• Vending is prohibited in the following locations: Sunset Cliffs Natural Park and Mission Beach Park
• Sidewalk vendors shall not use amplified or non-amplified sound-making devices in conjunction with vending, such as speakers, microphones, public address systems, bells, and chimes.
3.1.5 Health and Sanitation Requirements
San Diego requires several measures to ensure the safety and cleanliness of the environment and of goods purchased from sidewalk vendors. To ensure that food can be consumed safely, sidewalk vendors engaged in the vending of food or beverages shall have ha nd sanitizer located in a conspicuous location readily available for use by customers. Furthermore, sidewalk vendors shall not display any goods for sale on the ground or on any above-ground structure.
Regarding waste management, sidewalk vendors are respo nsible for ensuring that the 10 -foot area immediately surrounding the vending space is kept clean and free of trash and debris associated with their 983 Osos Stree t, San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 8 vending operation. San Diego requires all sidewalk vendors to provide a trash receptacle for customers and to ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash so that public trash receptacles located on any block for use by the general public do not have to be used by customers. Sidewalk vendors shall not dispose of customer or sidewalk vendor trash in trash receptacles that the City provides for public use. Additionally, vendors of any food, beverage, or liquid product must possess spill kits that are comprised of paper towels, cloth towels, cat l itter, or sand at all times while vending; remove all spill materials from the public right ‐of‐way and sidewalks once the spilled material is absorbed off the ground; and capture
and prevent spills leaving the area and moving into
the surrounding streets f rom entering the storm
water conveyance system, including curbs,
gutters, and storm drains.
3.1.6 Permitting Requirements
Sidewalk Vending Permit
Sidewalk vendors selling goods must obtain a
Sidewalk Vending Permit before conducting
vending business activities in the City of San
Diego. The permits are issued by the Office of the City Treasurer and are valid for one year from the date of issuance and must be renewed annually. Even with a Sidewalk Vending Permit, vendors in San Diego are not permitted to vend services and may not engage in any type of rental activity. To obtain a sidewalk vending permit, applicants must supply the following:
• The name, address and telephone number of the sidewalk vendor; • Proof of valid, government-issued photo identification • The name and business address of the company, partnership, or corporation if the sidewalk vendor is an agent of a company, partnership, or corporation
• A current valid business tax certificate issued to the sidewalk ve ndor, or if the sidewalk vendor is an employee, a current valid business tax certificate for the business employing the sidewalk vendor along with proof of employment, such as a current pay stub. With the submission of a complete vending permit application , a vending permit may be issued with the submission of a complete business tax certificate application, which may be submitted concurrently with, or prior to, the vending permit application
• Proof of a California department of tax and fee administration se ller’s permit applicable to the sidewalk vendor to the extent required by law that notes the City of San Diego as a location or sub- location, which is valid for the duration of the vending permit • For those sidewalk vendors selling food, proof of both o A valid San Diego County public health permit applicable to the vending equipment to be used for food preparation and storage to the extent required by law o Either a manager’s food safety certificate or a San Diego County food handlers card applicable to the sidewalk vendor to the extent required by law • A certification by the sidewalk vendor that to the sidewalk vendor’s knowledge and belief, the information contained on the form is true
• Such other information as the city manager deems reasonably necessary to administer this division.
City of San Diego Business Tax Certificate
San Diego Application Process Website
To facilitate the acquisition of a Sidewalk Vending
Permit, San Diego introduced several resources for
interested vendors. One of which is a step-by-step
Application Process easily accessible on the City
website or at https://www.sandiego.gov/sidewalk-
vending/application.
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 9 All businesses operating in the City of San Diego, including sidewalk vendors, must obtain a Business Tax Certificate. Business Taxes are due annually and will be renewed along with the Sidewalk Vending Permit.
California Seller’s Permit
If applicable, sidewalk vendors must possess a valid California Department of Tax and Fee Administration seller’s permit that designates “City of San Diego” as a location or sublocation. A seller’s permit allows sales tax collection from customers and reports those amounts to the state. There is no cost to obtain a seller’s permit.
Food Product Vendor Requirements
In addition to the requirements listed above, vendors selling food products must also h ave:
1. San Diego County Public Health Permit All sidewalk vendors who sell food items are required to obtain and display a San Diego County Public Health Permit at all times.
2. San Diego County Food Handler Card. All food handlers are required to acquire a San Diego County Food Handler Card
3.2 Anaheim, CA
The City of Anaheim is home to Disneyland Resort and numerous other tourist attractions and has a population of 353,085 according to the 2020 Census. Its location in Southern California, its size, plus the element of a tourism economy makes it a good example for Long Beach to consider when implementing a sidewalk vending ordinance.
3.2.1 Zoning, permitted locations, land use controls, and distancing Sidewalk vendors in Anaheim must have a vendor’s permit in order to legally sell goods and services.
Sidewalk Vendors shall comply with the federal American with Disabilities Act of 1999 and other disability access standards, including but not limited to allowing for a minimum width of at least thirty-six (36) inches of accessibility on any sidewalk. Additionally, stationary sidewalk vending is not permitted in any location zoned exclusively residential.
It is unlawful for any person to engage in sidewalk vending in the following loca tions:
• The grounds of any stadium, convention center, government office building, police station, fire station library or other public facility owned or operated by the City of Anaheim except with the prior written consent of the City of Anaheim.
• The following public streets and sidewalks within the City of Anaheim two (2) hours before, during and two (2) hours after events at Angel Stadium of Anaheim, the Honda Center and The City National Grove of Anaheim:
o Orangewood Avenue, from west side of State Route 57 to 300 feet west of State College Boulevard.
o Katella Avenue, from the west side of State College Boulevard to the Santa Ana River Trail.
o Douglass Road, from the entrance to the Angel Stadium of Anaheim to Cerritos Avenue. o Dupont Drive.
o Rampart Street from Orangewood Avenue to Dumaine Street. o Gene Autry Way from South Chris Lane to the entrance of the Angel Stadium of Anaheim.
983 Osos Stree t, San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 10 • Within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet during the limited hours of that certified farmers' market or swap meet. • Within the immediate vicinity of an area designated for a temporary special permit, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority's temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or 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. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit.
3.2.2 Definitions
The following relevant definitions are established in the Anaheim Zoning Code. • Roaming Sidewalk Vendor means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction.
• Sidewalk Vendor means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. The term "Sidewalk Vendor" includes both roaming and stationary vendors.
• Sidewalk Vendor Permit means a permit issued by the City of Anaheim authorizing a person to engage in the business of being a Sidewalk Vendor.
• Stationary Sidewalk Vendor means a sidewalk vendor who vends from a fixed location.
3.2.3 Time and Date Restrictions
Information on the time restrictions of vending and the length of time that a sidewalk vendor permit is valid is not listed in the Anaheim Municipal Code. However, time restrictions are established for events at several major venues in Anaheim. Sidewalk Vending is prohibited within two (2) hours before, during and two (2) hours after events at the Angel Stadium of Anaheim, the Honda Center and The City National Grove of Anaheim on the following designated public streets and sidewalks:
• Orangewood Ave. from west side of 57 Freeway to 300 feet west of State College Blvd. • State College Blvd. from 300 feet south of Orangewood Ave. to the north side of Katella Ave. • Katella Ave. from west side of State College Blvd. to the Santa Ana River Trail. • Douglass Rd. from the entrance to the Angel Stadium of Anaheim to Cerritos Ave. • Dupont Dr.
• Rampart St. from Orangewood Ave. to Dumaine St.
• Gene Autry Way from S. Chris Ln. to entrance of the Angel Stadium of Anaheim.
3.2.4 Vending in Public Parks, Plazas, Beach and Tourist Areas For City-owned parks, the City of Anaheim prohibits Stationary Sidewalk Vendors from vending in a Public Park that is subject to a concessions agreement that exclusively permits the sale of food or merchandise in that Public Park. Otherwise, applicable regulation to this section falls in Anaheim’s Resort Area.
Anaheim prohibits vending in designated areas of the Resort Area, as described in Chapter 4.10 (Commercial Solicitation in the Resort Area ). A violation of subsection .010 o f this section by any person engaged in the business of being a Sidewalk Vendor shall be enforced in accordance with the procedures 983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 11 set forth in Chapter 1.20 (Civil Citations) of the code and is subject to a fine of $100 for the first offense in a one-year period, $200 for the second offense in a one -year period, and $500 for the third time in one - year. Chapter 4.10 (Commercial Solicitation in the Resort Area) reads:
Notwithstanding any ordinance to the contrary, it is unlawful for any person to permit to remain, or hereafter erect or place any permanent or temporary apparatus, structure, device, object or thing including, but not limited to, furniture, equipment, tent, stand, stall, booth, showcase, vending machine, post, pole, board, frame, table, bench, booth, chair, rack, pushcart, barrel, box, ware, good, merchandise, brick, stone, lumber or any other similar apparatus, structure, device, object or thing of any kind or description, other than a newsrack subject to the provisions of Chapter 4.82 (Newsrack s on Public Rights -of-Way); sell or offer for sale, rent or offer for rent, or giveaway or offer to giveaway, any goods, wares, merchandise, product samples, foodstuffs, refreshments or other kinds of property or services, or hold, conduct or engage in any street performance or act including, but not limited to, playing musical instruments, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, or creating visual art, on the following designated public streets and sidewalks within the City of Anaheim:
• Ball Road, from the west side of Walnut Street to Palm Street east of Harbor Boulevard. • Disney Way, from Harbor Boulevard to the east side of Clementine Street. • Katella Avenue, from Walnut Street to the east side of Clementine Street, except for the south side of Katella Avenue between Walnut Street and West Street. • Convention Center Drive/Convention Center Walkway, from Katella Avenue to the south side of Convention Way.
• Convention Way, from West Street to the east side of Harbor Boulevard. • West Street/Disneyland Drive, from Magic Way to the south side of Katella Avenue. • Harbor Boulevard, from Ball Road, to the south side of Convention Way. • Manchester Avenue, from Harbor Boulevard to 600 feet easterly of Harbor Boulevard.
3.2.5 Health and Sanitation Requirements
Anaheim does not outline detailed regulations for health and sanitation requirements, but it does require that sidewalk vendors maintain sanitary conditions and contain all refuse until properly disposed of by the sidewalk vendor. The sidewalk vending permit requires that applicants include a Trash Collection Plan to describe how the vendor will maintain sanitary conditions and contain all refuse until properly disposed of by the sidewalk vendor.
3.2.6 Permitting Requirements
Sidewalk vendors are required to have both a valid Sidewalk Vendor permit and a valid Business License issued by the City of Anaheim. While the Sidewalk Vendor permit is relatively straightforward, the Business License presents questions that may not be relevant for the vendor.
Sidewalk Vendor’s Permit
Sidewalk vendors selling goods must obtain a Sidewalk Ven dor’s Permit before conducting vending . The application for sidewalk vendor permit includes the following sections:
• Name and Address of Business/Vendor
• Passport size photograph of applicant
• Owner information (including identification information) • Residence and/or Employment History (for the past 5 years) • Emergency Contact
• Detailed Business Description
983 Osos Stree t, San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 12 o Including what type of permit (stationary or roaming) o Detailed description of the types of goods or wares offered for sale, days & hours of operation and the location(s) one plans on conducting business • Criminal record information
• The following documents:
o Valid California Department of Tax and Fee Administration Seller’s Permit. o California Valid Identification (driver’s license or identification card) o Orange County Health Permit (required for the vending of food items) o Site Plan of location(s) for Stationary Sidewalk Vendors including size of cart, trailer or station with size of canopy if applicable and distance from curb to station. (Plan must be legible in an 8 ½” x 11” format)
o Trash Collection Plan describe how you w ill maintain sanitary conditions and contain all refuse until properly disposed of by Sidewalk Vendor.
o Application and Business License Fees
City of Anaheim Business License
The Anaheim Business License application includes many fields, not all of which are relevant for sidewalk vendors. Questions regarding the necessary content for a sidewalk vendor can be directed to the Anaheim Business License Division. In addition to a completed application form, other required documents include a California Department of Tax and Fee Administration Seller’s Permit (Resale Permit) , a copy of lease or sublease for non-residential business locations within Anaheim, and a Fictitious Business Name Statement filed with the Orange County Clerk . For those businesses not having a fixed address, the license must be physically carried on the person while conducting business and presented upon request.
3.3 Oakland, CA
To vend food or merchandise from the public right of
way, private property, or city -owned property in the City of Oakland, vendors must obtain a Special Activity
Mobile Vending Permit. The City of Oakland’s regulation of mobile merchandise vendors and mobile food vendors
differs from other jurisdictions in that no clear “sidewalk vending” ordinance exists. Instead , regulations are
derived from Chapter 5.48 Peddlers and Solicitors ,
Chapter 5.51 Food Vending Program , Chapter 8.62
Regulations Establishing Permit Requirements and
Procedures to Expand Restaurant, Retail, Café, Parklet, and Mobile Vending Uses of Outdoor Private Spaces and
Public Rights -of-way (“Oakland Flex Streets Program”)
to Encourage Healthy Outdoor Use and Enjoyment of
Business of the municipal code and the Mobile
Merchandise Vending and Mobile Food Vending
programs which are a part of Oaklan d’s Flex Streets
Initiative, depending on whether the vendor is stationary (or roaming) and if the vendor is selling food items versus other material goods . Also, unlike other cities, some of Oakland Flex Streets Initiative
In March 2022 the Oakland City Council
adopted a permanent Flex Streets Program,
which includes a free permitting program for
both mobile food and mobile retail vendors
through July 2023.
• Since launching in June 2020, the
streamlined Flex Street permit
processes have helped Oakland
businesses expand their operations
outdoors.
• The Ordinance expands the streamlined
mobile food vending permit process to
non-food mobile retailers to better align
with 2018’s SB946 with safeguards to
ensure ADA access and buffers
between brick-and-mortar retailers.
Restraint of trade issues? How is this
stated in the adopted program?
• Vending in City parks remains subject to
Parks and Recreation Advisory
Commission (PRAC) approval
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 13 the regulations and programs in Oakland extend beyond the operations of sidewalk vendors, such as door- to-door salespeople and food trucks, both of which are not relevant to the needs of sidewalk vendors.
3.3.1 Zoning, permitted locations, land use controls, and distancing Roaming vendors in Oakland are permi tted to sell non -consumable goods (mobile merchandise vendors) and food and beverage products (mobile food vendors) on any city sidewalk as long as they comply with sidewalk clearances, buffer distances and special permissions. Stationary Vendors can vend on parking lanes, sidewalks, private property or city owned property in commercial or industrial zones as long as they comply with sidewalk clearances, buffer distances, parking requirements, and special permissions.* Stationary Vendors may vend in commercial and industrial zones with buffer, safety and health requirements. Vending for more than 60 minutes in a fixed location requires a restroom signature. All Vendors must comply with all parking laws e.g., paying meter parking, not parking in front of bus stops, or red, yellow, green zones. Both Roaming and Stationary Vendors are considered Mobile Vendors in Oakland.
Vending on private property is not permitted in residential zones and must take place in a commercial or industrial zone. Vending facil ities must maintain at least 6 -feet clear path of travel along the sidewalk.
Additional clearance requirements, such as distances from bus stops, fire hydrants, curb ramps, building entrances and others are also required. Vending within 300 feet of any school is only allowed if a waiver is granted by the school’s Supervising Entity to sell healthy food and non-food merchandise. Some provisions that impact sidewalk vending were updated in response to the health risks of the COVID -19 Pandemic, notably those from the Flex Streets Initiative/Program, detailed in Chapter 8.62 of the Oakland Municipal Code. Importantly, some requirements, including buffering requirements may not otherwise be legally enforceable as they create a restraint of trade, however the City seemingly justifies distancing requirements as public health and welfare procedures. They write that “the Flex Streets Program also eliminates previous caps on mobile vending permits to provide the public with affordable and safe outdoor dining options an d to also provide an alternative source of safe outdoor vending for those Oakland citizens who may have lost their jobs in the restaurant industry.”
Mobile Merchandise Vending outside of a special event or group site is not allowed within:
• 300 Feet of any other permitted mobile vendor
• 100 Feet from other permitted roaming vendors
• 300 Feet from a merchandise brick and mortar store
• 300 Feet of Schools
• 300 Feet of a Farmer’s Market, Flea Market, or other Special Events (like "First Friday” or “Off the Grid”)
Mobile Food Vending outside of a special event or group site is not allowed within:
• 300 Feet of any other permitted mobile food vendor
• 100 Feet from another permitted sidewalk Vendor
• 300 Feet of a Restaurant or Café
• 300 Feet of Schools (unless the food vending facility sells healthy foods) • 300 Feet of a Farmer’s Market, Flea Market, or other Special Events (like "First Friday” or “Off the Grid”)
3.3.2 Definitions
983 Osos Stree t, San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 14 The following relevant definitions are established in Oakland Flex Streets Initiative Documents. • Late night vending means food vending allowed past the regular permitted hour limit of 10 p.m., to a time as determined by the city, not to exceed 3 a.m.
• Sidewalk Vendor means a person who sells food or beverages on a public sidewalk or other pedestrian path from a pushcart, stationary cart other non ‐motorized equipment allowed by the Alameda County Environmental Health Department.
• Roaming Sidewalk Vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
• Stationary Sidewalk Vendor means a sidewalk vendor who vends from a fixed location.
3.3.3 Time and Date Restrictions
Like many other jurisdictions, Mobile Food Vending Permits are valid for 1 year, and must be renewed annually. Seasonal permits that last for 90 days are also available. The regular permitted hours of operation are 7 am to 10 pm daily; however, night vending may be allowed if adjacent businesses are open late.
3.3.4 Vending in Public Parks, Plazas, Beach and Tourist Areas Sidewalk Vending may be allowed in Oakland parks with permission from the Central Reservation Office of Oakland Parks and Recreation, and the following factors will be used t o evaluate the time, place and manner of vending:
• Objective health, safety or welfare concerns
• Public use and enjoyment of natural resources and recreational opportunities • Prevention of undue concentration of commercial activity that unreasonably interferes with scenic and natural character of the park.
3.3.5 Health and Sanitation Requirements
Health and sanitation requirements are not thoroughly detailed in the Oakland Code . Vending policies require that stationary vendors comply with buffer, safety, and health requirements; and should they vend for more than 60 minutes, they must obtain a restroom signature for a restroom facility within 200 feet of the vending location. Individual food vending facilities and group sites shall maintain site circulation and access consistent with the Americans with Disabilities Act (ADA). Additionally, All Sidewalk Vending Permit holders will manage their food vending facility according to the following good neighbor policies:
• Vendor will maintain a quiet, safe and clean selling location. • Vendor will provide adequate storage and disposal of garbage and trash. • Noise and odors will not become a nuisance or burden on neighbors. This includes noise from food truck generators,1 motors and fans, and from customer’s automobiles and radios, particularly at night.
• Vendors or their employees will walk a one hundred (100) foot radius from the food vending
1Unclear if “food truck generators” only applies to motorized vehicles or generators used by sidewalk vendors 983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 15 site after close of business, and dispose of beverage and serving materials or other trash left by their customers.
3.3.6 Permitting Requirements
Before applying for Mobile Food Vending Permit one must get:
• Alameda County Health permit
• Proof of insurance
• Fire clearance
• Business License
o One can obtain a license after receiving a Mobile Food Vending Permit.
Before applying for a Mobile Merchandise Vending Permit one must get:
• Proof of insurance
o General Liability Insurance is required; Worker’s Compensation Insurance may also be required.
• Business License
o One can obtain a license after receiving a Mobile Merchandise Vending Permit.
3.4 San José, CA
Sidewalk vending is only recently legal in San José. Outdoor vending is regulated both by the City of San José and Santa Clara County Health Department. In San José, regulations are outlined in Chapter 6.54 Peddler Permit Ordinance and Chapter 20.8, part 10 Outdoor Vending Facilities. Chapter 6.54 establishes regulations for the following categories:
• Pedestrian peddlers
• Motor vehicle-based peddlers
• Mobile unit peddlers
• Approved location peddlers
• Annual or special events peddlers
• Flower peddlers
Chapter 20.8 part 10 establishes regulations for stationary vending facilit ies established on private properties, typically in parking lots or on private pedestrian walkways. The regulations apply to vending facilities which remains or operates on any sing le parcel or lot for more than a total of two hours in any twenty-four-hour period. Chapter 20.8 part 10 also outlines size guidelines, creating the following restrictions on the dimensions of the vending facility:
• The maximum height of any portion of a ve nding facility, including any folding or collapsible appendage, shall not exceed ten (10) feet.
• The maximum width of a vending facility or cart, including any folding or collapsible appendage, shall not exceed ten (10) feet.
• The maximum length of a vendi ng facility or cart, including any folding or collapsible appendage, shall not exceed twenty-four (24) feet.
3.4.1 Zoning, permitted locations, land use controls, and distancing 983 Osos Stree t, San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 16 Peddlers in San José are subject to the following regulations.
No Peddlers shall peddle in the following locations:
• Within 500 feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special event permit issued pursuant to Chapter 13.14 of this Code. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special event permit;
• Within 500 feet of a public or private school site during school hours, and not within one hour before or one hour after school drop off and pick up operations; • Within 500 feet of: 1) the San José Arena, currently known as SAP Center at San José, on event days; 2) the stadium currently known as Avaya Stadium on event days; 3) San José Municipal Stadium, currently known as Excite Ballpark Home of the San José Giants, on event days; 4) San José McEnery Convention Center on event days; and 5) any other venue as determined by the City Manager and published in the regulations promulgated pursuant to Section 6.54.265; • In any City-owned parking lot; or
• On private property without the consent of the property owner.
No Peddler shall conduct activities in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Peddlers must at all times provide a clearance of not less than three (3) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices. Furthermore, Mobile Units shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, bollards, or other objects within the public right-of-way. No Mobile Unit shall become a permanent fixture on any site or be considered an improvement to real property. Peddlers shall not utilize any structure in the right -of-way as an extension of the mobile unit.
Stationary Vending Facilities:
For stationary vendors, San José establishes more detailed guidelines. The following standards shall be applied by the director, or by the planning commission on appeal, in granting an administrative permit for a vending facility. The director or planning commission may impose stricter standards as an exercise of discretion, upon a finding that stricter standards are reasonably necessary in order to implement the general intent of this part and the purposes of this title. • No vending facility shall be placed on or operate within the boundaries of a hypothetical triangular area described by the point of intersection of the curb -line extensions of perpendicular or nearly perpendicular streets, and a line joining two points thirty (30) feet from that point of i ntersection, measured along those curb-lines.
• No vending facility shall be placed or operate at a location less than fifteen (15) feet from any street right-of-way.
• No vending facility shall be placed or operate less than one hundred (100) feet from a fr eeway on or off ramp.
• No vending facility shall be placed or operate less than twenty (20) feet from a driveway curb cut. • No vending facility shall be placed or operate within five hundred (500) feet of another vending facility operating on private property.
• No vending facility shall be placed or operate within one-hundred fifty (150) feet of a residence. • No vending facility shall be placed or operate on a parcel or lot unless the surface is paved with asphalt, macadam, or concrete.
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 17 • No vending facility shall be placed within or operate from a structure or stand which is attached to or bears directly upon or is supported by the surface of the site. Vending facilities shall operate exclusively from vehicles or carts or other conveyances which are fully mobile and have operational wheels in place at all times. Vending facilities shall not connect to temporary or permanent on -site water, gas, electricity, telephone or cable sources.
• Vending facilities shall be located not less than fifteen (15) feet from a parcel or lot line or a public right-of-way.
• Vending facilities shall not be located in or obstruct parking spaces required by this title for the operation of any other concurrent use.
• Vending facilities shall provide a minimum of three (3) parking spaces, located on the host site and within two hundred (200) feet of the vending facility's approved location.
3.4.2 Definitions
The following relevant definitions are established in Chapter 6.54 of the San José Zoning Code. • Approved location means a site designated by the chief of police as an approved site from which a peddler, operating from a mobile unit, may sell his or her products. • Certified Farmers' Market means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to the chapter.
• Director means the city manager, or such other person designated by the city manager to administer this Chapter.
• Downtown street ve ndors program area means that area bounded by the following streets and portions of streets: to the north, San Fernando Street from Highway 87 to Almaden Avenue, then Julian Street from Terraine Street to 4th Street, then St. John Street, from 4th Street t o 7th Street; to the south, Interstate 280, from Highway 87 to 4th Street, then San Fernando Avenue from 4th Street to 7th Street; to the west, Highway 87 from San Fernando Avenue to Interstate 280, then Almaden Avenue, from Julian to San Fernando Avenue; and, to the east, 4th Street, from Julian to St. John Street, then 7th Street, from St. John Street to San Fernando Avenue, then 4th Street, from San Fernando to Interstate 280, except City Hall Plaza which is subject to the provisions of Chapter 13.23 of this Code and shall not be considered as part of the downtown street vendors program area.
• Licensee means the holder of a peddler employee license. • Mobile unit means any vehicle, truck, trailer, cart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles.
• Motor vehicle means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles.
• Park shall have the definition given in Section 13.44.014 of Title 13 of this Code. • Peddler means any person who participates in peddling. • Peddling means:
a. Traveling by foot, motor vehicle, mobile unit or any othe r type of vehicle, from place to place, and selling or vending any goods, wares, merchandise, food, products, or any other thing or representation of value on any street, sidewalk, right -of-way, park or other public place; or
983 Osos Stree t, San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 18 b. Selling or vending any goods, wares, merchandise, food, products or any other thing or representation of value from a fixed location approved by the city on any street, sidewalk, right-of-way, park or other public place.
• Peddler business means any of the following:
a. A business engaged in peddling; or
b. A business engaged in supplying, providing, selling goods, wares, merchandise, food, products, or any other thing or representation of value on consignment to be peddled by another person; or
c. A business engaged in supplying, providing, or renting mobile units or motor vehicles for use by another person in peddling.
• Peddler employee means any of those persons defined in Section 6.01.040 of this Code. • Permittee means the holder of a peddler business permit. • San José State University campus area means that area bounded by Fourth Street, San Fernando Avenue, Tenth Street and San Salvador Avenue.
• Swap meet means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Divisio n 8 of the California Business and Professions Code, and any regulations adopted pursuant to the article.
3.4.3 Time and Date Restrictions
Peddler permit and licenses expire two years after the date of its issuance. Peddling shall only be permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows:
• In residential areas, Peddling shall only be permitted between the hours of 9:00 a.m. and 5:00 p.m., Pacific Standard Time, and between the hours of 9:00 a.m. and 7:00 p.m., Pacific Daylight Savings Time.
• 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. • In Park areas, Peddling shall be permitted only during hours the Park is open to the public.
Exceptions apply to the sale of foodstuffs to employees of industrial establishments at or adjacent to such establishments, or to workers or employees at any construction job site, if the foodstuffs sold to such persons are sold for immediate consumption at such places. • No peddler shall use, play or cause to be used or played any amplifier, loudspeaker, or any other instrument or device used for the production of sound between the hours of 7:00 p.m. or one-half hour after sunset, whichever comes first, and 10:00 a.m. of the following day.
Exemption for annual or special events
Peddlers shall be exempt from the provisions of this chapter when participat ing in an event under the following circumstances:
• While such peddlers are participating in an event subject to a special event permit issued pursuant to Chapter 13.14 of the City of San José Code, including, but not limited to, a parade, street closure, paseo/plaza use permit, or Park special use permit. • While such peddlers are participating in an event declared to be a downtown special event pursuant to Chapter 6.55 of the code.
The sponsoring organization is authorized to choose participating peddlers, issue space permits to such peddlers, and charge a reasonable fee for such business participation.
The exemption shall be for the duration of the event only.
Stationary Vendors
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 19 The hours of operation of a vending facility shall be limited to the hours of operation of the fixed -base businesses on the fixed-base host site, however no vending facility shall operate during the hours from 10:00 p.m. through 6:00 a.m. During hours in which the fixed-base host site businesses are closed, the vending facility shall be removed from the parcel or lot on which it operates, or shall be stored indoors
3.4.4 Vending in Public Parks, Plazas, Beach and Tourist Areas Approved Location Permits shall not be issued f or locations that are within any Park where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire
3.4.5 Health and Sanitation Requirements
Mobile/Roaming Vendors
Peddlers shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal). Peddlers shall provide a trash receptacle 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 Peddling operations or the Peddler's customers within a fifteen (15) foot radius of the Peddling location. Peddlers of food or food products shall possess and display in plain view a valid permit from the Santa Clara County Department of Environmental Health.
Stationary Vendors
Persons operating vending facilities shall have unrestrained right of access to toilet and handwashing facilities located on site within reasonable distance of the vending facility's approved location. Each vendor shall have secured with the property owner of the site on which the vendor plans to operate, and prior to the commencement of any operation of the vendor, provision for all of the following services in a manner that comports with state and local laws and regulations, as the same may be amended from time to time:
• Refuse disposal and sufficient trash and recycling receptacles within the area of the vending; • Litter removal within three hundred feet of the boundaries of the vending facility; and • Access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets.
3.4.6 Permitting Requirements
In San José the process to becoming a fully compliant vendor depends on several factors, including the type of vendor (mobile or stationary) and what goods one is vending. Mobile or roaming sidewalk vendors that are in motion (Food Trucks, Pushcarts, etc.) must obtain a permit from the San José Police Department, which includes a background check. For stationary sidewalk vendors that operate in a fixed location (Food Trucks, Pushcarts, etc.), San José Police Department also must issue a permit and approve the location of operation via an approved location permit from the chief of police. Additionally, San José requires that all sidewalk vendors display identification at all times. For peddlers, e ach person who is engaged in peddling shall, at all times while so engaged, wear in plain sight, on his or her person an identification (ID) card, provided by the chief of police and containing such information, includi ng a suitable photograph, as the chief of police may require. For stationary vendors, e ach vending facility shall display in a manner legible and visible to its clientele the name and phone number of the vendor operating the vending facility; the administrative permit number and date of issuance issued to the vending facility; and the number of the city business license issued to the vending facility.
Mobile/Roaming Vendors: Peddler Business Permit
983 Osos Stree t, San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 20 A peddler business that operates within the city must operate in and maintain strict compliance with a valid peddler's business permit issued by the chief of police, the regulations issued by the city manager, and in accordance with any other requirements o f the State of California or County of Santa Clara . The following items are required for all Peddler Permit Applicants:
• A completed Business or Individual Peddler Application • Government issued Identification
• After a review of the above listed information, you will be required to have your fingerprints scanned at the Sheriff’s Office. The San José Police Permits Unit will provide available locations after submission of application.
• A copy of your Business License Tax Certificate issued by the Finance Department Peddler Employee License
A. It shall be unlawful for a person, other than the permittee, to peddle without having first obtained a peddler employee license issued by the chief of police.
B. It shall be unlawful for any permittee or any operator, manager, owner or employee of a peddl er business to allow or tolerate any person who does not have a peddler employee license from working for or under the direction of, or on behalf of, or as an agent of the peddler business.
C. For purposes of peddling, a natural person holding a valid peddler business permit is deemed to also have a peddler employee license.
Insurance for Peddlers
renewal thereof, shall obtain and maintain in full force and effect a commercial general liability insurance policy or other such policy as the office of the risk manager shall require:
1. With minimum policy limits to be set by the risk manager;
2. Issued by an admitted insurer or insurers as defined by the California Insurance Code; and
3. Providing that no cancellation, change in coverage, or expiration by the insur ance company or the insured shall occur during the term of the peddler business permit, without thirty days written notice to the risk manager prior to the effective date of such cancellation or reduction in coverage;
4. The City of San José shall be an additional named insured under the policy.
5. Adequate proof of insurance shall be provided to the risk manager prior to the permittee and his or her agents and employees engaging in peddling.
Stationary Vendor: Approved Location Permit
Stationary Vendors that seek to remain at a fixed location, the San José Police Department also must issue a permit and approve the location of operation via an approved location permit from the chief of police
Stationary Vendor: Administrative Permit
With the exception of those s elling fresh, whole, uncut fruits and vegetables, if one intends to vend on private property for more than 2 hours, they will need an Administrative Permit issued by the San José Planning Department. The director shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate the following findings:
1. The vending facility, as designed and at the location requested, will not create a potentially adverse impact on pedestrian or vehicular safety or interfere with or in any way impede on -site traffic circulation; and
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 21
2. The proposed vending facility, and at t he location requested, will be compatible with the design of buildings or structures on site or in the vicinity. Compatibility is based on factors such as harmony with the architecture, color, style and design of structures on the host site and the surroun ding neighborhood; and
3. The location of a proposed vending facility is not in such close proximity to another such facility or facilities as to create or contribute to a blighted condition of the area which can result from compaction of such facilities; and
4. The proposed vending facility will not impair the landscaping required for any concurrent use by this title or any permit issued pursuant thereto; and
5. The proposed vending facility will not obstruct any parking space required by this title or any permit issued pursuant thereto for any concurrent use.
Santa Clara County Department of Environmental Health
Mobile food facilities (MFFs) are trucks, trailers, vans, carts, or any portable units used to prepare, sell, or transport food. All MFFs conducting b usiness in Santa Clara County must have a valid permit from the Santa Clara County Department of Environmental Health (DEH). DEH conducts inspections of all MFFs that operate within the County to ensure the food is safe for the public. You do not need a County Environmental Health permit as long as the fruit is whole and uncut. Ice Cream Vendors are subject to different regulations. Peddlers of food or food products shall possess and display in plain view a valid permit from the Santa Clara County Department of Environmental Health.
4. Conclusion
The case study jurisdictions analyzed above illustrate the variety of approaches local governments can pursue when updating sidewalk vending regulation in response to unique local circumstances. However, taken together several common standards emerge:
• Permit processes vary, but the existence of a permit appeals to communities as a means of regulating sidewalk vending
• Sidewalk vending is often not permitted, or faces more restrictions, in residential zones • Most communities have limitations on the hours a vendor may vend • Other cities have used risks of congestion—or other related externalities—as means for restricting sidewalk vending for public health, safety, and welfare reasons. o This is especially true in park areas in which cities have additional power to ensure that recreation opportunities are not unreasonably affected by commercial vending and that the scenic and natural characteristics of the park are maintained by preventing an undue concentration of commercial activity.
It is important that the City of Long Beach not assume that other sidewalk vending regulations throughout the state are inherently compliant with state law, even if they were implemented after the passing of SB 946. Some provisions, such as those that create a restraint of trade or provide subjective justifications may be illegal. The City should be aware that:
• All regulations need to meet a standard of public health, safety and welfare per SB 946. • California case law likely protects sidewalk vendors from restraint of trade regulations o As seen in People v. Ala Carte Catering Co. (1979), which found that prohibiting a catering truck from operating within 100 feet of a stationary or fixed restaurant is illegal.
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 22
5. Attachments
The documents summarized in Table 5.1, below, are taken from the Case Study Research Memo jurisdictions of San Diego, CA; Anaheim, CA; Oakland, CA; and San José, CA (in that order). They include applications, guides, and more from the jurisdictions’ municipal governments and, in some cases, their county. For more information, see the Appendix.
Table 5.1 – Case Study Jurisdictions Applications, Guides, etc.
Jurisdiction Document Department/
Agency
Document
Type
Year
Updated File Name Notes
San Diego, CA
City of San
Diego
Sidewalk Vending
Permit Application
Office of the City
Treasurer Application 2022 sidewalk-vending-permit-
application.pdf
Sidewalk Vending
Regulations
Office of the City
Treasurer Informational 2022 guide-to-sidewalk-vending.pdf Sidewalk Vendor
Checklist
Office of the City
Treasurer Informational 2022 sidewalk-vendor-checklist- english.pdf
Sidewalk Vending
Regulations in
Parks and
Beaches
Parks &
Recreation
Department
Informational 2022 prbr20220721a-item202.pdf
Repeal of
Pushcarts in the
Public Right-of-
Way and
Business
Regulations for
Sidewalk Vending
Councilmember
Jennifer
Campbell
(District 2)
Staff Report 2022 staff-report-svo-220222.pdf
Has supportive findings
for provisions of
Sidewalk Vending
Ordinance
Anaheim, CA
City of
Anaheim
Application for
Sidewalk Vendor
Permit
Planning and
Building Application 2019 Application-for-Sidewalk-
Vendor-Permit.pdf
Oakland, CA
City of
Oakland
Mobile Vending
Application
Special Activity
Permits Application 2022 MV_Individual_Vendor_Permit
_Application_English.pdf
Mobile Food
Vending
Information
Special Activity
Permits Informational 2022 Mobile_Food_Vending_Hando
ut_Packet_English.pdf
Mobile
Merchandise
Vending
Information
Special Activity
Permits Informational 2022 Mobile_Merchandise_Vending
_Handout_Packet_English.pdf
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 23 Table 5.1 – Case Study Jurisdictions Applications, Guides, etc.
Jurisdiction Document Department/
Agency
Document
Type
Year
Updated File Name Notes
Mobile Food
Sidewalk Vendors
Insurance
Requirements
Special Activity
Permits Informational 2019
Mobile-Vending-Sample-of-
Insurance_2022-05-10-
233505_jrch.pdf
Sidewalk Food
Vending
Permitted Area for
Stationary
Vendors Map
Planning &
Building
Department
Informational 2019
ADMINISTRATIVE-
GUIDELINES_SidewalkVendo
rs_Transition-to-CAO-w-
Map_2019.10.10.pdf
Only applies to
stationary food vendors
San José, CA
City of San
José
Outdoor Vending
Facility Permit
Application
• Planning,
Building and
Code
Enforcement
Application 2022 Administrative Permit Out
Peddler Permit
Application
San José Police
Department Application Unknown Peddler Application Peddl Regulations for
Approved
Locations
Peddlers
Operation in the
City of San José
City Manager Informational 2013 Peddler regulations 2013_2 County of
Santa
Clarita
Mobile Food
Facility (MFF)
Application
Information Sheet
Environmental
Health;
Consumer
Protection
Division
Application 2018 MFF_Application_Packet
983 Osos Stree t, San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 24
6. Appendices
• San Diego, California
o City of San Diego
▪ Appendix A: Sidewalk Vending Permit Application
▪ Appendix B: Sidewalk Vending Regulations
▪ Appendix C: Sidewalk Vendor Checklist
▪ Appendix D: Sidewalk Vending Regulations in Parks and Beaches ▪ Appendix E: February 9th, 2022 Staff Report.
• Subject: Repeal of Pushcarts in the Public Right -of-Way and Business Regulations for Sidewalk Vending
• Anaheim, California
o City of Anaheim
▪ Appendix F: Application for Sidewalk Vendor Permit
• Oakland, California
o City of Oakland
▪ Appendix G: Mobile Vending Application
▪ Appendix H: Mobile Food Vending Information
▪ Appendix I: Mobile Merchandise Vending Information
▪ Appendix J: Mobile Food Sidewalk Vendors Insurance Requirements ▪ Appendix K: Sidewalk Food Vending Permitted Area for Stationary Vendors Map
• San José
o City of San José
▪ Appendix L: Outdoor Vending Facility Permit Application ▪ Appendix M: Peddler Permit Application
▪ Appendix N: Regulations for Approved Location Peddlers o County of Santa Clarita
▪ Appendix O: Mobile Food Facility (MFF) Application Information Sheet
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 25 Appendix A
City of San Diego Sidewalk Vending Permit Application
Office of the City Treasurer Sidewalk Vending Permit Application Business Tax Program1200 Third Ave, Suite 100 San Diego, CA 92101 619-615-1500Sidewalk vendors must obtain a vending permit prior to conducting any vending business activities. The permit is valid for one year from the date of issuance, and cannot be sold, assigned or transferred. PART 1: APPLICANT INFORMATIONApplicant Name: Applicant Address: Applicant Phone No.:CA Seller’s Permit No: Type of government-issued photo identification provided:Driver’s LicensePassportOther:If Applicant is an agent/employee of a company, partnership, or corporation, name of business and principal address: Not applicable; Applicant is not an agent/employee of a company, partnership or corporation Name of business and principal address: Sidewalk Vendor Type: Roaming Vendor Stationary Vendor Roaming and Stationary Vendor Description of items that will be sold:PART 2: RELEASE AND INDEMNIFICATION As a condition of permit issuance, the permittee agrees to waive and release the City and its officers, agents, employees and volunteers from and against any and all claims, costs, liabilities, expenses or judgments, including attorney’s fees and court costs arising out of any vending activities or any illness or injury resulting therefrom and shall agree to indemnify and hold harmless the City, its officers, agents, employees, contractors, and volunteers from and against any and all such claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful misconduct on the part of the City, its officers, agents, employees, contractors and volunteer. The permittee further must acknowledge that the use of any sidewalk is at the sidewalk vendor’s own risk; the City does not take any steps to ensure any sidewalk is safe or conducive to the vending activities. PART 3: DECLARATIONI, Print Name BY SUBMITTING THIS APPLICATION, YOU ACCEPT THE CONDITIONS AND DECLARE UNDER PENALTY OF PERJURY THE FOREGOING IS TRUE AND CORRECT. Signature: Date: / / For Office Use OnlyBusiness Tax Certificate#:Date of Permit Issuance:Amount Paid:Processed By:
State Identification Card
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawisecons ulting.com | 26 Appendix B
City of San Diego Sidewalk Vending Regulations
sandiego.gov/sidewalk-vending
The information provided in this booklet summarizes the rules and regulations to assist those wishing to conduct sidewalk vending business activities in the City of San Diego. Please note that the following pages do not contain all requirements under the ordinance. This booklet is intended to serve as a guide only. Sidewalk vendors should review San Diego Municipal Code, Chapter 3, Article 6, Division 1, to familiarize themselves with all the requirements. The San Diego Municipal Code is available on the City’s website at https://www.sandiego.gov/city-clerk/officialdocs/municipal-code or through the Office of the City Clerk located at 202 C Street, San Diego, CA, 92101.
PERMITTING REQUIREMENTS
Sidewalk Vending Permit1
Sidewalk vendors selling goods must obtain a Sidewalk Vending Permit before conducting vending business activities in the City of San Diego. The permits are issued by the Office of the City Treasurer and are valid for one year from the date of issuance and must be renewed annually.
City of San Diego Business Tax Certificate
All businesses operating in the City of San Diego, including sidewalk vendors, must obtain a Business Tax Certificate. Business Taxes are due annually and will be renewed along with the Sidewalk Vending Permit.
California Seller’s Permit
If applicable, sidewalk vendors must possess a valid California Department of Tax and Fee Administration seller’s permit that designates “City of San Diego” as a location or sublocation. A seller’s permit allows sales tax collection from customers and reports those amounts to the state. There is no cost to obtain a seller’s permit.
FOOD PRODUCT VENDORS
In addition to the requirements listed above, vendors selling food products must also have:
1. San Diego County Public Health Permit
All sidewalk vendors who sell food items are required to obtain and display a San Diego County Public Health Permit at all times.
2. San Diego County Food Handler Card
All food handlers are required to acquire a San Diego County Food Handler Card.
PERMIT DENIAL AND REVOCATION
An application for a new Sidewalk Vending Permit or renewal of a permit can be denied or revoked for any of the following reasons:
• The applicant has had a prior Sidewalk Vending Permit revoked within the past 36 months. 1 Vending permits will only be issued to individuals. A separate permit is required for each individual who intends to vend even if the individual is employed or engaged by another individual or business or will use vending equipment which another individual or business owns.
• Providing false or misleading statements, information or facts on the Sidewalk Vend ing Permit application.
• Failure to notify the City of San Diego within five business days after the issuance of the Sidewalk Vending Permit of any material changes to the facts provided on the Sidewalk Vend ing Permit application.
• Repeated failure to comply with the regulations of San Diego Municipal Code, Chapter 3, Article 6, Division 1.
• Violations of other local, state, or federal laws while operating as a sidewalk vendor. • Completion of all disposition associated with previous ordinance violations, including payment of administrative fines and community service as applicable.
APPEALS
Applicants can appeal the denial or revo cation of a Sidewalk Vending Permit by filing a written notice within 10 calendar days after receipt of the notice of denial or revocation. The City of San Diego will render the final decision within 90 calendar days.
OPERATING RULES
In general, sidewalk vendors must adhere to the following guidelines:
• Display Sidewalk Vending Permit and photo identification issued by the City of San Diego while conducting vending business activities.
• Vending activities shall take place on a sidewalk and during approved times as follows:
o 7 a.m. to sunset on residential blocks.
o 6 a.m. to 10 p.m. , or the hours imposed on other businesses on the same street block, whichever is less restrictive on non-residential blocks. o 8 a.m. to sunset at public parks, plazas and beach areas with no designated closing time. • A Sidewalk Vend ing Permit does not provide an exclusive right to operate on any sidewalk or portion thereof.
• Sidewalk vendors must ensure that the 10-foot area immediately surrounding the vending space is kept clean and free of trash and debris associated with their vending operation. • A trash receptacle must be provided for customers and must be large enough to accommodate customer trash.
• Sidewalk vendors engage d in vending food or beverages must provide hand sanitizer in a conspicuous location for customers’ use.
• All goods must be displayed 36 inches above the ground. • Vending equipment and goods must be attended to at all times by the business owner or employee. Vendors must remove all equipment and goods at the end of each day. • Connecting to an external source of power, water o r other utilities while on public property is prohibited.
• Obstructions that would reduce the width of the sidewalk to less than forty-eight (48) inches are prohibited.
PROHIBITED VENDING LOCATIONS
No roaming or stationary sidewalk vending of any kind shall take place in the following locations:
• The public right of way or any area that blocks pedestrians or vehicles. • Any public property that does not meet the definition of a sidewalk, including but not limited to any alley, beach, street, street or roadway median, or street end. • Parking lots.
• On any slope greater than 5% or where signage indicates that wheels must be cramped to the curb.
• At any location that obstructs traffic signals or regulatory signs. • In the Ballpark District during an event or game or within three hours before or one hour after an event or game.
• On Sports Arena Boulevard between Hancock Street and East Drive during an event or game or within three hours before or one hour after an event or game at Pechanga Arena. • Within 18 inches from the edge of the curb.
Within 5 feet in front of or 65 feet behind a bus stop, tram or non -rail trolley stop as measured linearly along the curb from the sign marking the bus stop, tram, or non -rail trolley stop. • Within 10 feet of any driveway, marked crosswalk, fire escape or emergency exit. • Within 15 feet of any other sidewalk vendor, intersection, driveway or building entrance, high- traffic sidewalk, loading zone, parking space, or access ramp designed for a person with disabilities, outdoor dining or patio area, public restr oom, curb ramp, location with a valid encroachment permit displayed, high-traffic bike and shared-use path. • Within 25 feet of any beach access point or pier.
• Within 50 feet of any railroad crossing or major transit stop. • Within 100 feet of the vehicle entrance of any fire station, police department, hospital, lifeguard station or other structure dedicated to health and safety emergency matters, any major transit stop, City street or sidewalk closures.
• Within 150 feet of Harbor Drive, between Front Street and Park Boulevard, during a convention held at the San Diego Convention Center or within three hours before or one hour after a convention at the Convention Center.
• Within 500 feet of any permitted event, any school while children are going to or from the school during recess or within 30 minutes before or after the school’s opening and closing hours, the open-air baseball facility located in East Village, currently known as Petco Park, the indoor arena located in Midway District currently known as Pechanga Arena within three hours before or one hour after an event or game.
• Within 50 feet of another stationary vendor in any City -designated promenade such as the 14th Street Promenade.
• Within 15 feet of any fire hydrant or fire lane.
• Vending is prohibited during the Summer moratorium (Saturday before Memorial Day and preceding Saturday and Sunday through Labor Day) in Balboa Park, Mission Bay Park, and Shoreline Parks (Newport Avenue between Abbott Street and Sunset Cliffs Boulevard in Ocean Beach, Ventura Place between Mission Boulevard and Ocean Front Walk in Mission Beach, Garnet Avenue between Ocean Front Walk and Cass Street in Pacific Beach, Coast Boulevard , between Cave Street and the 200 block of Coast Boulevard South, in La Jolla.) • East Village District.
• On City property subject to a lease agreement so long as proper notice is provided of the prohibited location.
• Gaslamp Quarter District, which extends from the south side of Broadway to Harbor Drive and from the east side of Fourth Avenue to the west side of Sixth Avenue. Also included is the west side of Fourth Avenue (to the mid-block property line) between Market Street and Island Avenue.
SIDEWALK VENDORS IN
PUBLIC PARKS AND BEACHES
In addition to the operating rules listed above, vendors operating in public parks and beaches must comply with the following:
• Sidewalk vendors shall stop vending before the
designated closing time of any public park, plaza, plaza, and beach area and by sunset where there is no
designated closing time . All vending equipment and
goods must be removed each day.
• Vending activities are prohibited in the following locations in Balboa Park:
Within 25 feet of El Prado, Village Place, Pan American Road East, Pan American Road West, Pan American Plaza, Old Globe Way, Chapel Road, Spanish Village, Plaza de Panama, Plaza de California, Plaza de Balboa, War Memorial Building, the Carousel, Spreckels Organ Pavilion, Presidents Way, or any other covered walkway.
• Vending activities are prohibited within 25 feet of the following gardens:
1935 Old Cactus Garden, Alcazar Garden, Casa del Rey Moro G arden, Florida Canyon Native Plant Preserve, Inez Grant Parker Memorial, Rose Garden, Martson House Garden, Palm Canyon, Trees for Health Garden, Veterans Memorial Garden, Zoro Garden; Within 50 feet of the Botanical Building or Lily Pond.
• Vending activities are prohibited within Balboa Park between December 25 and January 1. • Sidewalk vendors shall not vend within 50 feet of another sidewalk vendor. • Sidewalk vendor shall not vend within 25 feet of any decorative park fountain, statue, monument, memorial, or art installation.
• During the Summer moratorium (Saturday before Memorial Day and preceding Saturday and Sunday through Labor Day) , vending is prohibited at Balboa Park, Mission Bay Park and Shoreline Parks, which are those parks contiguous to the shoreline or beach in the communities of Ocean Beach, Mission Beach, Pacific Beach and La Jolla. • Safety and welfare of persons engaged in active sports activities and spectators of active sports activities are prohibited.
• Stationary sidewalk vendors shall not be allowed within any public park area if the park operator has entered into an agreement for concessions that exclusively permits the sale of food or goods by a specific concessionaire, provided that notice by signage or other means is provided to the stationary sidewalk vendor.
• Sidewalk vendors shall not use amplified or non-amplified sound-making devices in conjunction with vending, such as speakers, microphones, public address systems, bells and chi mes.
VENDING EQUIPMENT AND GOODS
• Vendors are forbidden from using sound-making devices in conjunction with vending, including but not limited to loudspeakers, public address systems, bells, chimes or other noise-making devices.
• The erection of freestanding structures (signs, umbrellas, ice chests, etc.) adjacent to vending activities is prohibited.
• Vending equipment shall not be attached to or lean against any utility pole, street sign, bus stop, trash can, traffic pole or public structure.
• Roaming sidewalk vendors are prohibited from using portable cooking equipment, flammable- gas-fueled appliances or any open flame.
• All sidewalk vendors are prohibited from deep fat frying, using portable generators, using outdoor wood-burning ovens or charcoal barbecues and using gasoline or kerosene. • Stationary sidewalk vendors may use portable cooking equipment according to the requirements outlined in the ordinance (36.0108).
• The sale of the following items by sidewalk vendors is prohibited by local, state and federal law:
Alcoholic beverages, tobacco or electronic vaping products, smoking and drug-related paraphernalia, cannabis products, weapons, including knives, guns or explosive devices, airsoft guns and imitation firearms, pharmaceuticals or other products.
VIOLATIONS
Any violation of the Sidewalk Vendor ordinance by any person holding both a valid vending permit shall be punished by an administrative citation and penalties:
1. A written administrative warning and referral to a community-based organization for small business technical assistance for a first violation.
2. $200 penalty for a second violation within one year of the first violation.
3. $500 penalty for a third and each subsequent violation within one year of the first violation.
Any person found vending without a valid vending permit (if required) shall immediately cease vending, and the activity is punishable by the following in lieu of the administrative fines set forth above and penalties:
1. A written administrative warning and referral to a community -based organization for small business technical assistance for a first violation.
2. $500 for a second violation within one year of the violation.
3. $1,000 for a third and each subsequent violation within one year of the first violation.
In addition to the above-referenced fines, the City may impound vending equipment and any goods, prov ided that the fourth or greater violation involves one or more of the following:
• Leaving vending equipment or goods unattended
• Vending prohibited goods in violation of San Diego Municipal Code section 36.0109 • Vending without a valid Sidewalk Vending Permit in violation of San Diego Municipal Code section 36.0110(b) Reporting a violation
• Contact City of San Diego Code Enforcement for areas outside of parks by calling 619-533-6487. For areas within parks, email [email protected].
• For any complaints regarding food safety concerns or health permits for food vendors, contact the County Department of Environmental Health and Quality, Food and Housing Division via email at [email protected] or by phone at 858-505-6903.
For additional information, visit
sandiego.gov/sidewalk-vending or call 619-615-1500
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 27 Appendix C
City of San Diego Sidewalk Vendor Checklist
Sidewalk Vending Permit
Checklist
A sidewalk vendor must obtain a Sidewalk Vending Permit and City of San Diego Business Tax Certificate prior to operating within the City. The Sidewalk Vending Permit shall always be displayed conspicuously at the location of the sidewalk vendor. Every vendor must display the City-issued sidewalk vending permit, Business Tax Certificate, and retail food permit on the street-side portion of their push-cart, stand, display, pedal- driven cart, wagon, showcase, rack, or other nonmotorized conveyance when operating on the public sidewalk. Failure to obtain a valid permit and Business Tax Certificate may result in a citation and/or removal from City-owned premises.
Review San Diego Municipal Code, Chapter 03 Article 06 Division 01. File for a Fictitious Business Name with the County Clerk if you are using a business name other than your given name, the name(s) of your partner(s), or the registered name of your LLC or Corpor ation. If applicable, apply for and obtain a valid California Department of Tax and Fee Administration seller’s permit that designates “City of San Diego” as a location or sublocation.
If handling and selling food, obtain a Health Permit and Food Handler Card with the County of San Diego Department of Environmental Health and Quality.
Apply for a City of San Diego Business Tax Certificate and Sidewalk Vending Permit with the Office of the City Treasurer, Business Tax Program. Copies of County issued Health Permit and Food Handler Card must be provided when applying for Business Tax Certificate and Sidewalk Vending Permit.
Processing of the Business Tax and Sidewalk Vending Permit application is via appointment only and can be scheduled by email at [email protected] or call 619-615-1500.
Contacts
County of San Diego
County Clerk
Multiple Locations
[email protected]
619-237-0502
arcc.sdcounty.ca.gov/Pages/fbn-info.aspx
County of San Diego
Department of Environmental Health and Quality
5500 Overland Ave. #170
San Diego, CA 92123
858-505-6700
800- 253-9933
sandiegocounty.gov/content/sdc/deh.html
City of San Diego
City Treasurer: Business Tax Program
1200 Third Avenue, Suite 100
San Diego CA 92101
[email protected]
619-615-1500
sandiego.gov/treasurer/taxesfees/btax
City of San Diego
Economic Development Department
1200 Third Avenue, Suite 1400
San Diego, CA 92101
[email protected]
619-236-6700
www.sandiego.gov/economic-development
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawisecons ulting.com | 28 Appendix D
City of San Diego Sidewalk Vending Regulations in Parks and Beaches
Sidewalk Vending Regulations in Parks and Beaches
Park & Recreation Board, and Regional Park Improvement Fund Oversight Committee July 21, 2022 Michael Ruiz, Chief Park RangerParks & Recreation Department 1 Sidewalk Vending Regulations in Parks & Beaches
•SB 946 primary objectives:•Reduce violations of sidewalk vending from criminal or misdemeanor citations to administrative penalties(SDMC 12.0901 Administrative Citations)•Promote entrepreneurship and economic success for sidewalk vendors•Allows cities to establish permit programs requiring basic information•Restrictions must be directly related to public health, safety, or welfare concerns•Prohibits regulations that are based on perceived community or economic competition•Help promote small business owners Senate Bill: SB 946September 17, 2018 -SB 946 decriminalized sidewalk vending and established requirements for local regulation of sidewalk vendors 2 Sidewalk Vending Regulations in Parks & Beaches
Overview of the Ordinance•Presents a comprehensive framework for the regulation of sidewalk vendors within the City of San Diego, which includes the issuance of a permit•Sets parameters relating to distance requirements from various public assets and facilities•Prohibits vending in various high-traffic pedestrian areas, and regulates parkland, including beaches and plazas•Differentiates between stationarysidewalk vendors and roamingsidewalk vendors•Nothing in the proposed ordinance or SB 946 prevents the City from taking action to enforce generally applicable local, state, and federal laws. 3 Sidewalk Vending Regulations in Parks & Beaches
•Information to be submitted on a permit application:•Name and contact information•Proof of government-issued photo identification•Name and business address of company, if applicable•Current valid business tax certificate –no social security number necessary•Proof of California Department of Tax and Fee Administration seller’s permit•Acknowledgment of compliance of release and indemnification requirement•No insurance required •Permits are valid for one calendar year and must be renewed annually•Food vendors must additionally submit on their permit application proof of:•A valid San Diego County Environmental Health Permit•A valid San Diego County Food Handlers Card Permit RequirementsAll sidewalk street vendors must obtain a vending permit 4 Sidewalk Vending Regulations in Parks & Beaches
•Goods are defined as items, personal property, merchandise, or any other similar item that is generally sold, including food and beverages•Services are activities involving the performance of work for others or the provision of intangible items that cannot be returned once they are provided•Sidewalk vendors are prohibited from leaving goods unattended at any time•Sidewalk vendors shall not leave vending equipment on sidewalks or public right-of-way•Sidewalk vendors may only advertise goods for immediate on-site sale and are prohibited from displaying goods on the ground •Prohibition of rentals and sellingof services Goods, Services and Advertising
5 Sidewalk Vending Regulations in Parks & Beaches
•Equipment may not exceed 8 feet in height•Vendors may have a chair for themselves but not create customer seating areas•Equipment may not be attached to or make contact with any utility pole, street sign, trash can, traffic pole, or any other public structure•Vendors may not connect to an external sourceof power, water, or any other utilities located on public property. No Unsafe Equipment•Vendors may not utilize sound-making devices•Vendors of food or beverages must have hand sanitizer located in a conspicuous location readily available for use by customers•Stationary Vendors can only take up a space of 4 feet X 8 feet & cannot reduce the width of the sidewalk toless than 48 inches excluding the curb.
Equipment and Operations Requirements
6 Sidewalk Vending Regulations in Parks & Beaches
•Sidewalk vendors are prohibited from selling the following goods:•Alcoholic beverages, tobacco and tobacco products, vaping products, smoking and drug related paraphernalia, not including apparel, cannabis and cannabis products, weapons, including knives, guns, or explosive devices, BB devices or imitation firearms, pharmaceuticals, live animals, materials harmful to minors as defined in section 58.07 of the Code, or other products prohibited by local, state, and federal laws.•The sale of weapons and imitation weapons poses a public safety issue because such items can cause injury to others or be confused for real weapons. Other items listed such as alcohol, tobacco, pharmaceuticals, and vaping products are already regulated or restricted in the way that they can be sold due to public health and safety concerns. There is a prohibition on the sale of live animals for both the safety of the public and animals.
Items Prohibited to SellSB 946 provides parameters for the regulation of stationary and roaming vendors 7 Sidewalk Vending Regulations in Parks & Beaches
Operations in Parks and Beaches Restrictions to protect the scenic and natural character of our parks •SB 946 allows the city to regulate sidewalk vending within parks as long as it’s “necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities”or “necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.”•Vending shall be permitted between 8:00 am and sunset in public parks and beach areas•Vending is prohibited during the Summer Moratorium in Balboa Park, Mission Bay Park, Presidio Park, Belmont Park and the Shoreline Parks, which are those parks contiguous to the shoreline or beach in the communities of Ocean Beach, Mission Beach, Pacific Beach, and La Jolla 8 Sidewalk Vending Regulations in Parks & Beaches
Operations in Parks and Beaches Restrictions to protect the scenic and natural character of our parks •Coastal sidewalks:Portions of Coast Boulevard, Newport Avenue, Garnet Avenue, and Ventura Place•Vendors shall not vend:•Within 25 feet of any park decorative fountain, statue, monument, memorial, or art installation•Within 50 feet of another sidewalk vendor•High Traffic Bike and Shared Use PathsBayside Walk, Bayshore Bikeway, Coast Boulevard Boardwalk between Jenner St. and Cuvier St, including pop outs; Ocean Front Walk, Crown Point Bike Path, La Jolla Shores Boardwalk; Scripps Park Boardwalk; Liberty Station NTC Path; Mission Bay Bike Path; MLK Promenade; Ocean Beach Bike Path; Ocean Boulevard Bike Path; and San Diego River Bike Path.•Special Events, Swap Meets, Farmer’s Markets, and other Permitted Events within 500 ft 9 Sidewalk Vending Regulations in Parks & Beaches
Sidewalk Vending in Balboa Park
10 Sidewalk Vending Regulations in Parks & Beaches
Sidewalk Vending at the Coast
11 Sidewalk Vending Regulations in Parks & Beaches
Enforcement
•May 19, 2022 -Outreach, Education and Referrals began with the County of San Diego Health Services, City Treasurers, Economic Development, Code Enforcement, & Park Rangers conducting workshops in collaboration with non-profit community partners. •June 22, 2022 –Sidewalk Vending Ordinance went into effect. •July 1, 2022 -Enforcement of the Sidewalk Vending Ordinance began, with the exception of some sections of the ordinance that are subject to the California Coastal Commission jurisdiction as a City of San Diego Local Coastal Program.12 Administrative Citations(Violations within one year)With PermitWithout a PermitFirst ViolationOutreach, Education & ReferralOutreach, Education & ReferralSecond Violation$200 $500Third Violation$500 $1,000Fourth Violation $500 and/or impoundment$1,000 and/or impoundment Sidewalk Vending Regulations in Parks & Beaches
QUESTIONS
13 www.sandiego.gov/sidewalk-vending
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 29 Appendix E
City of San Diego February 9th, 2022 Staff Report.
Subject: Repeal of Pushcarts in the Public Right-of-Way and Business Regulations for Sidewalk Vending
The City of San Diego
Staff Report
1 DATE ISSUED: February 9th, 2022
TO:
Honorable Committee Members
FROM:
Office of Councilmember Jennifer Campbell
SUBJECT:
Repeal of Pushcarts in the Public Right-of-Way and Business Regulations for Sidewalk Vending
Primary
Contact:
Venus Molina Phone: (619) 236-6622
Council District(s): All
Overview:
Amendment to the City’s Municipal Code and Local Coastal Program to remove the pushcart regulations within the public right-of-way to comply with Senate Bill 946. Adopt an ordinance to regulate the time, place, and manner during which an individual may participate in sidewalk vending including the use of vending equipment such as non- motorized conveyances.
Proposed Actions:
Amend the City’s Municipal Code and Local Coastal Program to remove pushcart regulations within the public right-of-way.
Approve an ordinance to amend Chapter 3 of the San Diego Municipal Code to add a new Article 6 Division 1 titled Sidewalk Vending Ordinance, and approve amendments to Chapter 5 Article 4 Division 1 Section 54.0105, to make consistent with the proposed Sidewalk Vending Ordinance.
Discussion of Item
The Land Development Code (LDC) provides the City's regulations for the development and use of property, information on zoning, subdivisions, grading and other related land use activities. The existing pushcart regulations have been in place since the Land Development Code was adopted in 2000. There have been minor amendments in 2013 and 2015. Currently, the existing pushcart regulations are considered a Commercial Service Use -Separately Regulated Uses within Chapter 14, Article 1, Division 6 of the Land Development Code (LDC).
Pushcarts within the public right-of-way in certain zones require a Neighborhood Use Permit (NUP) and are a Process 2 staff decision. Pushcarts on private property in certain zones are
2 regulated as a limited use, meaning if the pushcarts comply with certain limitations, they are allowed by right without a NUP.
In 2018, the State of California passed Senate Bill 946 (SB 946) which took effect on January 1, 2019. SB 946 established parameters for the local regulation of sidewalk vendors, which only allows local authorities to regulate sidewalk vending in accordance with the provisions of the bill. The bill’s primary intent was to decriminalize sidewalk vending by limiting municipalities to penalizing violations with administrative citations rather than criminal citations, in turn promoting entrepreneurship and economic success for sidewalk vendors.
Sidewalk vending encourages entrepreneurship and accessibility into the local economy as well as economic opportunities for people to support themselves and their families.
Sidewalk vending is the act of selling food, beverages, or other merchandise on the City of San Diego’s sidewalks or hardscape pedestrian pathways from one person or through the use of vending equipment such as a pushcart. It does not include the sale of services or rentals, which is not covered by SB 946.
SB 946 allows municipalities to regulate sidewalk vending where the objective is directly related to public health, safety and welfare. SB 946 specifically states that perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern. SB 946 also allows municipalities to establish regulations within parks that are necessary to prevent an undue concentration of commercial activity which would unreasonably interfere with the scenic and natural characteristics of the park. It also allows regulations that would ensure the public’s use and enjoyment of natural resources and recreational opportunities with parks.
In addition, SB 946 allows municipalities to regulate sidewalk vendors within the following parameters:
Ensure compliance with the Americans with Disabilities Act and other disability access standards;
Establish criteria for permit issuance including requiring basic information of sidewalk vendors;
Require clean and sanitary conditions;
Enact regulations on sidewalk vending equipment;
Sets hours of operation and operating procedures in residential and non- residential areas. However, the limitation on hours of operation cannot be unduly restrictive and shall not be more restrictive than any limitation on hours of operation imposed on other businesses or uses on the same street; The option to prohibit stationary vending within residential zones without relying upon a specific nexus to public health, safety, or welfare concerns.
In order to be consistent with SB 946, the City needs to repeal sections of the existing San Diego Municipal Code (SDMC) that relate to sidewalk vending, including Section §141.0619, which regulates among other things pushcarts in the public right-of-way. The existing regulations for pushcarts on private property will remain as SB 946 only addresses pushcarts on public sidewalks. In order to regulate sidewalk vending consistent with the provisions of SB 946, the City also needs to adopt new regulations. These regulations will replace regulations that do not substantially comply with SB 946 and will be placed in Chapter 3 of the San Diego Municipal Code; Business Regulations, Business Taxes, Permits and Licenses.
3 Previous Approval Process for Sidewalk Vending
Prior to SB 946, the City regulated aspects of sidewalk vending through SDMC §141.0619 – Pushcarts. Where allowed in the SDMC, this section required sidewalk vendors to undergo a discretionary review process by obtaining a Neighborhood Use Permit (NUP) which prohibited vending within all residential zones.
As a discretionary action, obtaining an NUP required an $5,600.21 deposit to the Development Services Department to begin the review process. To date, the City has no discretionary permits on file or any outstanding violations from any sidewalk vendor under SDMC §141.0619 – Pushcarts.
Sidewalk sales were also previously regulated under SDMC section 54.0105 and also required a Solicitor’s Permit under SDMC section 33.1401. Sales and solicitation in parks were also regulated by SDMC section 63.0102, which required a permission by the City Manager to do so. SDMC section 54.0105 is being amended as part of the proposed sidewalk vending regulations to allow sidewalk vending with a valid permit issued in this new proposed ordinance. The issuance of a sidewalk vending permit under the proposed sidewalk regulations would constitute permission of the City Manager to comply with SDMC section
63.0102. The provisions on Solicitor’s Permits will be amended in the near future by the San Diego Police Department. None of these provisions have been enforced since the effective date of SB 946 in January 2019.
Overview of Proposed New Regulations
In accordance with SB 946, this ordinance presents a comprehensive framework for the regulation of sidewalk vendors within the City of San Diego, which includes the issuance of a permit. The ordinance sets parameters relating to distance requirements from various public assets and facilities, prohibits vending in various high-traffic pedestrian areas, and regulates parkland, including beaches and plazas, which are under the management of the Parks & Recreation Department. The ordinance also differentiates between stationary sidewalk vendors, who vend from fixed locations, and roaming sidewalk vendors who move from place to place and stop to complete a transaction. The ordinance also outlines the application and permit process, and fines in accordance with SB 946. To avoid interference with traffic, motor vehicles, and to protect public safety, the ordinance also prohibits vending from a parked vehicle or to any individuals traveling within motor vehicles along a public roadway.
Nothing in the proposed ordinance or SB 946 prevents the City from taking action to enforce generally applicable local, state, and federal laws.
Permit
Unless otherwise exempt under the ordinance, sidewalk vending will only be allowed to take place with the issuance of a City-authorized sidewalk vending permit which must be obtained prior to vending on any sidewalk. The effective date of the ordinance will be set at a future city council hearing to allow time for City staff to implement the permit and to determine the cost of the permit, which is anticipated to be set at a cost-recoverable rate at a price point intended to not be cost-prohibitive to sidewalk vending. The vending permit will allow sidewalk vendors to operate anywhere in the City of San Diego and to use vending equipment as part of their vending activities subject to the regulations set forth in the ordinance and compliance with all San Diego County Environmental Health requirements related to food service and preparation and other applicable law. The vending permit will
4 allow sidewalk vendors to occupy a space equal to or less than 24 square feet to balance the need for pedestrians to use the sidewalk.
The vending permit will be valid for one calendar year from the date of issuance and must be renewed annually. A sidewalk vending permit may only be issued to an individual over 18 years of age and shall not be sold, assigned, or transferred. To allow the City to best understand the extent of sidewalk vending and to ensure accountability, each individual who intends to vend on a sidewalk must complete an application even if the individual is employed or engaged by another individual or a business, or will use vending equipment owned by another individual or a business. As part of the application, the sidewalk vendor must certify that the information contained in the application is true. Sidewalk vendors will be required to provide basic contact and identifying information such as their name, address, and telephone number, as well as some form of government-issued photo identification.
They will also be required to obtain a business tax certificate, a California seller’s permit to the extent required by law and a San Diego County Health Permit and either a Manager’s Food Safety Certificate or a Food Handlers Card should they wish to sell food. If the sidewalk vendor is an agent of a company, partnership, or corporation, the sidewalk vendor must also list the name and business address of the company, partnership, or corporation.
Upon receipt of a valid sidewalk vending permit, sidewalk vendors would be given additional materials and reference information to ensure they are properly educated on the rules and regulations associated with their operation. Education and outreach to sidewalk vendors is paramount. We will be working with community-based organizations to assist in providing information in various languages to work with the diverse group of vendors.
Sidewalk vendors must visibly display their sidewalk vending permit at all times when vending including any photo identification issued by the City. A vending permit does not provide an exclusive right to operate on any sidewalk or portion thereof.
In order for a vending permit to be renewed, a sidewalk vendor must pay all outstanding administrative fines and complete any alternative disposition associated in any way with a previous violation of the ordinance prior to any such renewal. Any sidewalk vendor whose application is denied or whose vending permit is revoked may appeal such decision in accordance with Chapter 1, Article 2, Division 4 of this Code.
Roaming and Stationary Sidewalk Vendors
Roaming and stationary sidewalk vendors are subject to different rules under the proposed ordinance. Roaming sidewalk vendors stop only to make a sale while stationary sidewalk vendors vend from a fixed location. Under SB 946, the City is allowed to prohibit stationary sidewalk vendors from vending within residential areas, but cannot prohibit roaming sidewalk vendors from vending within residential areas. The proposed ordinance allows roaming sidewalk vendors to vend in residential areas and prohibits stationary sidewalk vendors from doing so. Roaming sidewalk vendors may vend on residential blocks between the hours of 7 a.m. and sunset. Any sidewalk vendor may vend on a non-residential block from the hours of 6 a.m. and 10 p.m., or the hours of operation imposed on other businesses on the same street block, whichever is least restrictive and subject to the other requirements of the ordinance.
In order to better ensure compliance with the American with Disabilities Act, no stationary sidewalk vendor shall be located on a sidewalk less than six feet in width. Furthermore, both roaming and stationary sidewalk vendors must ensure that no obstruction is placed on the
5 sidewalk that would reduce the width of the sidewalk to less than 48 inches, except for the temporarily brief duration of time for a roaming sidewalk vendor to conduct a sale. Even in such instances, all sidewalk vendors must immediately move to provide access to the sidewalk so as not to impede the flow of pedestrian or other traffic.
Distance Requirements
The proposed ordinance sets various distance requirements ranging from 5 feet to 500 feet from various public assets and facilities where a concentration of sidewalk vending would create public safety and public accessibility issues. In general, the specific distance requirement was set based on feedback from, but not limited to, the Fire Marshal, Public Safety Chiefs, Traffic Engineering and Operations Division of Transportation and Stormwater Department, Metropolitan Transit System, Parks and Recreation Department, and the Office of ADA Compliance and Accessibility as well as guidance from the distance requirements used in other jurisdictions.
For example, there is a 500-foot distance requirement to avoid undue interference and congestion with any permitted event as well as during the busy hours of schools and City sports facilities, which are owned, operated, managed, or leased by the City, such as Petco Park and Pechanga Arena. These locations are described in more detail below.
There are also distance requirements from various above ground structures affixed to a sidewalk such as fire hydrants, tree wells, parking meters, bike racks and utility structures.
The ordinance also restricts sidewalk vending near pedestrian facilities such as building entrances, crosswalks, public restrooms and other high areas of pedestrian activity where safety is paramount such as intersections and railroad crossings. The ordinance also prohibits vending in areas that block pedestrian or vehicle access, obstruct traffic signals and regulatory signs, and in areas, including the public right-of-way that do not meet the definition of a sidewalk or pedestrian pathway such as parking lots, roadway medians, beaches, streets, and alleys.
The follow table outlines various distance requirements and their justification.
Distance Regulations for Sidewalk Vending
Location Distance Justification
Within Edge of Curb
18”
To ensure adequate distance from car
doors and from vehicular traffic
Above Ground
Structure
5 feet To prevent an overconcentration of
obstacles on sidewalks and to allow
access by the general public and for
maintenance of such structures
Slope Greater than 5%
or where signage
indicates that wheels
must be cramped to the
curb
- To prevent unintended rolling or
slipping of a conveyance down a hill
Bus Stop, Tram, or
Non-Rail Trolley Stop
Within 5 feet in front
of or 65 feet behind a
bus stop
Recommended by MTS to ensure clear
and unimpeded access for loading and
unloading onto buses
6 Driveway and Marked
Crosswalk
10 feet
To ensure proper sight distance for
pedestrians and vehicles crossing
these areas
Fire Escape or
Emergency Exit
10 feet
To ensure unimpeded access for
building evacuations during an
emergency
Another Sidewalk
Vendor
15 feet
To ensure adequate spacing of vendors
and their respective customers
Intersection
15 feet
To ensure proper sight distance and
line of sight for pedestrians and
vehicles crossing these areas
Building Entrance
15 feet
To keep clear and ensure unimpeded
access to building entrances and in
case of emergency
High Traffic Sidewalk 15 feet To buffer sidewalk vendors from certain sidewalks where there is a high
concentration of pedestrians and a
correspondingly high risk of conflicts
and injury
Loading Zone, Parking
Space or Access Ramp
designed for persons
with disabilities
15 feet
To prevent conflicts with commercial
and passenger loading zones and to
ensure easy access for those with
disabilities to ADA infrastructure
Outdoor Dining or Patio
Area
15 feet
To prevent a concentration of sidewalk
vending customers from impacting
the ability of the general public to
ensure a safe and sanitary outdoor
dining experience and to prevent
conflict between outdoor diners and
sidewalk vendors and their customers
Curb Ramp 15 feet To ensure adequate access and clear
visibility of curb ramps for pedestrians
and in particular persons with
disabilities
Fire Lane
15 feet
To avoid hindering emergency related
responses from public safety
personnel and equipment
Fire Hydrant
15 feet
To avoid hindering emergency related
responses from public safety
personnel and equipment
Location with Valid
Encroachment Permit
15 feet
To prevent pedestrian conflicts and
congestion conflicts with
encroachments such as sidewalk cafes
and the City’s Public Right of Way
program
High Traffic Bike and
Shared Use Path
15 feet
To ensure the areas surrounding these
mobility corridors have adequate
spacing for bicyclists and others
traveling at a higher rate of speed to
7 dismount to prevent injury to the
public and sidewalk vendors
Piers and Beach Access
Point
25 feet
To prevent unnecessary congestion at
high traffic pedestrian access points to
the beach and to ensure adequate
clearance for lifeguards and other
public safety personnel to access these
areas
Railroad Crossing
50 feet
To ensure proper sight distance for
pedestrians and vehicles at these
locations
Major Transit Stop
50 feet
To prevent unnecessary congestion
and avoid impeding pedestrian access
to mass transit facilities such as
trolleys
Vehicle entrance of any
Hospital, Police, Fire,
Lifeguard Station, or
other Structure
dedicated to Health and
Safety Emergency
Matters
100 feet To ensure that first responders have
unimpeded access within the vicinity
of these public safety facilities
City Sidewalk or Street
Closure
100 feet
Given that closure is typically for
construction or public safety related
reasons, this requirement is to avoid
people congregating near these
closures which could endanger these
individuals or prevent access for city
crews, construction forces and public
safety personnel
High-Traffic Sidewalks
High-traffic sidewalks are select sidewalks including hardscape pedestrian pathways around the City that experience high levels of pedestrian activity typically based on their proximity to major tourist attractions such as Little Italy, the Gaslamp District and Old Town. While the ordinance prohibits sidewalk vending within 15 feet of any high traffic sidewalk near these areas, it does allow sidewalk vending on other sidewalks including some cross-street sidewalks to allow some degree of sidewalk vending while balancing the need to not create public safety hazards. The specific sidewalk locations in the Gaslamp, Little Italy, and Old Town are described in more detail below.
Portions of Downtown Gaslamp Quarter
The Gaslamp Quarter is the historic heart of Downtown San Diego. As a location listed on the National Register of Historic Places since 1980, the Gaslamp Quarter experiences significant levels of pedestrian traffic due to its high number of nightclubs, restaurants and cultural history. These elements make it a high pedestrian demand corridor as outlined in the 2014 Downtown Mobility Plan Existing Conditions Report. In addition, according to a 2017 study by the San Diego Tourism Authority, the Gaslamp draws over 1.5 million visitors every year.
Combined with various objects in the public right of way including but not limited to; street trees, loading zones, sidewalk cafes, kiosk and street signs, the proposed street vending
8 regulations prohibit vending on 4th, 5th and 6th Avenue between Broadway Avenue and Harbor Drive year-round. Large lines of customers for restaurants, clubs and other nightlife activity also have significant impacts on the sidewalk. Sidewalk vending would be allowed on the Gaslamp Districts’ cross streets but subject to distance requirements such as above ground facilities, building entrances, driveways, intersections, and loading zones.
Portions of Little Italy
The ordinance prohibits sidewalk vending on India Street between Ash Street and West Kalmia Street in the neighborhood of Little Italy. The population density within Little Italy is very high and the area has been designated a Preserve America Community because of its historic resources and cultural significance which makes it a major tourist destination within Downtown San Diego. These elements, combined with high levels of pedestrian activity (as outlined in the 2014 Downtown Mobility Plan Existing Conditions Report), restaurants, bars and customer lines queuing onto the sidewalk with various right of way obstacles such as sidewalk cafes and bicycle racks, and trash receptacles, make it incompatible with sidewalk vending activities.
Portions of Old Town
San Diego Avenue between Twiggs Street and Conde Street serves as a primary corridor and entrance point to Old Town Historic State Park. The park is home to many historically significant buildings from the 19th century including San Diego’s first school house. In 1969, the park was registered as California Historical Landmark #830 and two years later added to the National Register of Historic Places in 1971. Its history and commercial corridor attracts an estimated 2 million visitors a year. As a result, the commercial corridor on San Diego Avenue is extremely impacted with pedestrians going to and from the park. These elements combined with various right of way obstacles are not compatible with sidewalk vending activities which are proposed to be prohibited year-round.
Additional Areas of High Pedestrian Activity
The proposed ordinance also regulates sidewalk vending within the vicinity of several of the City’s major sports facilities and meeting areas including the Convention Center, PETCO Park and Pechanga Arena for the following reasons.
Convention Center
In 20191, the San Diego Convention Center host over 160 conventions including the world- renowned Comic-Con which see over 150,000 attendees. Over the course of 2019, the Convention Center hosted over 850 events creating extraordinary levels of pedestrian activity on Harbor Drive, the Martin Luther King Junior Promenade and at various intersections including Front Street, First Avenue, Fifth Avenue and Park Blvd. These high levels of attendance combined with multiple transit and railroad crossings present a public safety issue for pedestrians and an incompatible use with sidewalk vending activity during conventions.
1 Throughout this report, data from 2019 prior to the pandemic is used which will more accurately reflect the circumstances as the City recovers from the pandemic.
9 PETCO Park
With a seating capacity of over 40,000 people, Petco Park attracts high levels of pedestrian traffic and activity prior to and after Padres games and special events. In 2004, the City Council created the Ballpark District (SMDC §59.0301) as a means to regulate and prohibit certain activities within the District for the purpose of protecting the public health, welfare, and safety of those businesses, residents, and visitors. As a matter of continuing to protect public safety around PETCO Park, the proposed regulations prohibit sidewalk vending within the Ballpark District and within 500 feet of Petco Park beginning three hours before the scheduled start time of any Padres games and events or City event permitted at PETCO Park.
The prohibition ends one hour after the conclusion of an event. The Ballpark District is defined in SDMC section 59.0102 and includes Sixth Avenue though 14th Street between Market Street, Harbor Drive, and Commercial Street in Downtown San Diego.
Pechanga Arena
Home to the San Diego Gulls and other special events, Pechanga Arena is a large capacity venue generating high levels of pedestrian traffic before and after events. Over the course of the 2019 season, the San Diego Gulls games averaged 9,000 attendees over 34 homes games.
Pechanga Arena’s fronting street is Sports Arena Boulevard, which includes sidewalks less than 10 feet wide and a 35 MPH speed limit. As a matter of public safety, the proposed regulations prohibit vending on sidewalks fronting Sports Arena Boulevard between Hancock Street and East Drive beginning three hours before the scheduled start time of any games and events at Pechanga Arena The prohibition ends one hour after the conclusion of a game or an event. This prohibition is intended to reduce congestion along this very busy vehicle corridor which will help to prevent pedestrian from having to step out onto the street to pass sidewalk vendors and their customers.
High-Traffic Bike and Shared Use Paths
The ordinance identifies 11 pathways which are those in the highest traffic areas in terms of users; pedestrians, people on bikes, residents and visitors, and therefore with the potential for the most conflict in an area of limited space that could be further impacted if sidewalk vending were to be allowed. The higher rate of speed of bicyclists is of particular concern due to the need for more space to safely travel, stop, and dismount.
These include: Bayside Walk, Bayshore Bikeway, Ocean Front Walk, Crown Point Bike Path, La Jolla Shores Boardwalk; Liberty Station NTC Path; Mission Bay Bike Path; MLK Promenade; Ocean Beach Bike Path; Ocean Boulevard Bike Path; and San Diego River Bike Path.
Restricting sidewalk vending from these paths will allow their transportation and access functions to best serve residents and visitors traveling to and from their destinations, reduce the potential for collisions, and address other public access concerns.
Park Regulations
SB 946 allows cities to regulate park areas, including beaches and plazas, based not only on public safety, health, and welfare concerns, but also to ensure two elements: (1) that recreation opportunities are not unreasonably affected by commercial vending; and, (2) that the scenic and natural characteristics of the park are maintained by preventing an undue
10 concentration of commercial activity. To further this objective, the ordinance sets parameters on sidewalk vending in regional parks such as Balboa Park, community parks and shoreline parks and regulations that apply to all sidewalk vending within parks, beaches, and plazas. This includes a 100-foot distance requirement between sidewalk vendors to prevent an over concentration of sidewalk vendors and to assist with ensuring adequate spacing for maintenance vehicles. In addition, a 25-foot distance requirement is proposed from any park decorative fountain, statue, monument, memorial, or art installation.
To avoid detracting from the ability for visitors to enjoy park areas, sidewalk vendors are prohibited from using amplified or non-amplified sound-making devices in conjunction with vending, including loudspeakers, microphones, public address systems, bells, and chimes. Sidewalk vendors must also cease vending before the designated closing time of any public park, plaza, and beach area. If there is no designated closing time in these areas, sidewalk vending will be permitted between 8:00 a.m. and sunset. In addition, consistent with applicable law, the City Manager has the authority to enact additional limits on sidewalk vendors within specified parks to prevent an undue concentration of commercial activity. Consistent with the express language of SB 946, the ordinance prohibits stationary sidewalk vendors from vending in any area of a public park, beach, or plaza if there is an agreement for concessions that exclusively permits the sale of goods by a specified concessionaire.
Balboa Park
As the nation’s largest urban cultural park and a National Historic Landmark since 1977, Balboa Park attracts over 4.6 million unique visitors a year equating to over 28 million total visits to its dozens of museums, performing arts venues, gardens and cultural and recreational attractions.
Under SB 946, the City is allowed to enact regulations within parks that are “necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural characteristics of the park.” In addition, the City is allowed to enact regulations within parks that are directly related to objective health, safety and welfare concerns.
As a matter of objective health, safety and welfare concern, the proposed sidewalk vending regulations prohibit vending activity during the summer moratorium, which is defined similarly to its reference in Municipal Code Section 63.0103, and the last week of December within Balboa Park. Based on attendance data to various park institutions, these periods of the year experience higher than normal visitation contributing to increased sidewalk congestion and accessibility issues for park patrons and visitors. Prohibiting sidewalk vending during these time periods will protect public safety by reducing the likelihood of conflict between vendors and pedestrians, and ensuring accessibility throughout the park.
Outside of the time periods previously mentioned, sidewalk vending would be allowed, but within the parameters of additional proposed restrictions which would ensure that the scenic and natural characteristics of the park remain for visitors. The proposed restrictions prohibit sidewalk vending within the vicinity of roads and sidewalks within the National Landmark Historic Zone, in addition to distance requirements from park decorative fountains, statues, monuments, memorials, art installations, gardens, and other significant historical resources such as the Botanical Building and Lily Pond.
11 The roads with a proposed 25 foot distance requirement and within the Central Mesa’s National Landmark Historic Zone and its vicinity include El Prado, Village Place, Pan American Road East and West, Pan American Plaza, Old Globe Way, Chapel Road, Spanish Village, Plaza de Panama, Plaza de California, Plaza de Balboa, War Memorial Building, the Carousel, Spreckels Organ Pavilion, and Presidents Way. These restrictions are intended to limit an undue concentration of commercial activity as well as interferes with the scenic and natural character of the park which is consistent with SB 946.
Balboa Park’s gardens are also considered a major component of the scenic and natural characteristics of the park. To protect these experiences for park visitors, a 25-foot distance requirement is proposed from the following gardens to prevent an undue concentration of commercial activity and to protect these scenic and natural characteristics. The gardens include: 1935 Old Cactus Garden, Alcazar Garden, Casa del Rey Moro Garden, Desert Garden, Florida Canyon Native Plant Preserve, Inez Grant Parker Memorial Rose Garden, Marston House Garden, Palm Canyon, Trees for Health Garden, Veterans Memorial Garden, and Zoro Garden as well as the covered pathways.
Shoreline Parks and Coastal Sidewalks
San Diego’s beaches and bays are a significant attraction for visitors and locals drawing over 5 million people during the summer months in 2019. Based on concerns relating to congestion and pedestrian accessibility, the proposed regulations currently prohibit vending at Mission Bay Park and all shoreline parks, which are those parks contiguous to the shoreline or beach in the communities of Ocean Beach, Mission Beach, Pacific Beach, and La Jolla during the summer moratorium. Additionally, the ordinance prohibits sidewalk vending activities on high-traffic bike and shared use paths such as Ocean Front Walk (Mission Beach Boardwalk) and the La Jolla Shores Boardwalk. These prohibitions will help to appropriately balance the use of these pathways for cyclists, skateboarders, and other non-motorized devices to reduce public safety concerns and prevent collisions with stationary and roaming sidewalk vendors.
Outside of the summer moratorium, sidewalk vending would be allowed in shoreline parks, but subject to a 100-foot distance requirement between sidewalk vendors and at least a 25- foot distance requirement from all beach access points, which include among other things public stairways, ramps, and seawalls. This requirement is intended to allow visitors to be able to readily access and enjoy these park areas by preventing an over-concentration of commercial activity within these park areas.
The following table outlines visitation numbers to San Diego’s most popular shoreline parks and beaches. This data was collected by the San Diego Lifeguard Division and outlines total visitation statistics in addition to pedestrian traffic within their immediate vicinity.
Beach June
2019
July
2019
August
2019
September
2019
Location Attendance
Totals
Ocean Beach 206,000 401,342 210,000 173,000 990,342
Pacific Beach 294,900 360,400 256,500 143,500 1,055,300 Mission Beach 356,300 446,000 312,200 244,400 1,358,900 La Jolla Cove 160,000 246,500 235,500 114,801 756,801
La Jolla Shores 203,500 317,200 298,500 159,000 978,200 Monthly
Attendance
Totals
1,220,700 1,771,442 1,312,700 834,701 5,139,543
12 Source: San Diego Lifeguard Division
Coastal Sidewalks
Portions of Coast Boulevard, Newport Avenue, Garnet Avenue, and Ventura Place are located within high pedestrian traffic commercial areas directly adjacent to or connecting to the coastline. During the summer moratorium, these streets and the sidewalks along these streets experience high levels of congestion and heightened interaction between pedestrians, vehicles, pedestrians walking with surfboards and other beach-related equipment, thereby reducing sidewalk width and increasing the potential for accidents and other conflict. For these reasons and the reasons below, sidewalk vending on these coastal sidewalks is prohibited during the summer moratorium.
In addition to the elements mentioned above, Newport Avenue and Garnet Avenue experience high levels of tourism and pedestrian activity during the summer months due in part to their close proximately to some of San Diego’s longest piers. Garnet Avenue directly connects to Crystal Pier and its historical cottages and hotel. Towards the South, Newport Avenue sits feet away from the Ocean Beach Pier; the longest public pier on the west coast drawing thousands of visitors every year. Due to their popularity and use as an access route for San Diego Lifeguards during emergencies, sidewalk vending is prohibited on these piers.
In Mission Beach, Ventura Place serves as a direct vehicle drop off and access point for beach visitors to load and unload within feet of the Mission Beach Boardwalk. In addition, its narrow sidewalks and driveways connecting to one of San Diego’s largest public beach parking lots, directly adjacent to Belmont Park, make this pedestrian corridor extremely impacted, especially during the summer months.
Coast Boulevard in La Jolla also experiences high levels of pedestrian activity during the summer months, especially due to its close proximity to the Children’s Pool, sea caves and La Jolla Cove which is part of the La Jolla Underwater Sea Park- an Ecological Reserve and Refuge bringing thousands of divers and snorkelers every year.
By prohibiting sidewalk vending on segments of these coastal streets and corridors, there will be less conflict with sidewalk vendors and pedestrians which is a direct health, safety and welfare concern.
Mission Beach Park
Adjacent to Belmont Park, Mission Beach Park is prohibited to vending year-round as a result of Proposition G which passed in 1987. This voter approved initiative, which has been codified in SDMC section 63.50 expressly excludes retail and commercial uses within Mission Beach Park except for retail and commercial use specifically articulated in this Municipal Code section such as developments that have a vested right as set forth in SDMC section 63.50(f).
Mission Bay Park
At 4,235 acres, Mission Bay Park is the largest public man-made aquatic recreational area in the country with both passive and active recreational opportunities, hotels, beaches and dozens of leasehold specializing in aquatic activity. Yearly attendance is an estimated at 17 million visitors with a majority coming during the high tourism summer season between
13 Memorial Day and Labor Day. Because of the extremely high levels of pedestrian and visitor traffic during the summer moratorium, vending activities are prohibited within the park during this time.
Outside of the summer moratorium, vending would still be prohibited on the High Traffic and Shared Use Path facility on the Mission Bay Bike Paths and Bayside Walk.
These areas extend from the bayside of South Mission Beach to Crown Point in addition to the segment from Pacific Beach Drive south along the east side of Mission Bay Park towards Sea World within Mission Bay Park. Vendors stopping with carts and other conveyances, combined with a concentration of customers, would create significant obstacles and congestion for bicyclist traveling at higher rates of speed, joggers, and other pedestrians within these areas.
In addition, sidewalk vendors would have to adhere to a 100-foot separation requirement to ensure there is not an over concentration of commercial activity and to prevent interference with park visitors enjoying recreational opportunities such a running, walking, roller blading or other outdoor activities.
Sunset Cliffs Natural Park
Located south of Ocean Beach in Point Loma, Sunset Cliffs Natural Park spans 68 acres and serves as an active and passive recreational resources for thousands of joggers, walkers, and sunset viewers every year. The park’s linear section is 18 acres and very narrowly bordered on each side by either Sunset Cliffs Blvd and near vertical drops of 50 feet or more, to rocks and beaches below. The hillside portion is approximately 50 acres of west facing slope with eroded land formations sporadically covered throughout the park.
The park’s scenic and natural characteristics are at the very center of what attracts its visitors. It’s dramatic cliff formations, native vegetation, and expansive ocean views are a place “where people can enjoy San Diego’s natural coastal environment as it once was, free from the effects of man” as stated within the Sunset Cliffs Natural Park Master Plan. For these reasons, the proposed ordinance prohibits any vending activity within the park as it would conflict public’s use and enjoyment of natural resources and recreational opportunities within the park.
Additional Areas of Concern for Sidewalk Vending
Prohibition in Portions of East Village
Sidewalk vending within portions of East Village present a challenge for the San Diego Police Department. The ordinance proposes to prohibit sidewalk vending within the area bounded by Harbor Drive, Park Boulevard, 10th Avenue, Market Street, 22nd Street, Commercial Street, 17th Street, Logan Avenue, and Sigsbee Street. Within this area, the San Diego Police Department has experienced ongoing issues with “vending” businesses on the sidewalks and street corners that illegally peddle loose cigarettes and alcohol, and sometimes act as felony facilitators to sell marijuana and narcotics.
In fact, police report data shows an unusually high concentration of narcotic sales, possession, and under the influence arrests that occur in the southern segment of the East Village and its adjacent neighborhoods. Between 2017 and 2019, there were over 2,000
14 arrests and citations for under the influence, possession, and sales relating to narcotics and tobacco, which is the highest concentration of such illicit activity in the City.
Allowing sidewalk vending within this area will present an obstacle for law enforcement and their ability to address the illegal sale of drugs, alcohol, and cigarettes due to their inherent covert nature. Sidewalk vending presents a unique challenge and could give illegal operators a front to operate and deal illegal drugs thereby requiring more resources and staffing to adequately address because there is little an uniformed officer can do unless they happen to witness a transaction or are part of an undercover operation.
The community public health and safety would greatly benefit by prohibiting sidewalk vending within this area which will reduce the opportunities for illegal transactions of tobacco, alcohol, and drugs.
Special Events, Swap Meets, Farmer’s Markets, and Permitted Events
SB 946 allows the City to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit, farmers market, swap meet or permitted event. These events and community gatherings can be designated venues ranging in size up to hundreds of thousands of attendees. For this reason, and to ensure the integrity of the event, the ordinance proposes a 500-foot distance requirement from these permitted events around the City.
Entrepreneurship Zones
The City Manager will be authorized to designate entrepreneurship zones in the City where sidewalk vendors may vend in these zones subject to the rules and regulations enacted by the City Manager. The zones will provide vendors an opportunity to be a part of a placemaking opportunity as well as providing customers an experience within a designated area. It is important to consider input from all stakeholders including, vendors, community members, businesses and public safety representatives.
Goods & Advertising
To ensure oversight at all times, the ordinance contains a prohibition on sidewalk vendors from leaving goods unattended at any time. Goods are defined as items, personal property, merchandise, or any other similar item that is generally sold, including food and beverages.
Furthermore, to prevent issues with false advertising as well as to ensure consistency with the City’s sign regulations prohibiting off-site advertisement and to balance the need for the public to use the sidewalks and other public amenities and for City crews to access such public amenities and utility structures, sidewalk vendors may only advertise goods for immediate on-site sale, and are prohibited from displaying goods on any above ground structure.
Sidewalk Vending Equipment
The proposed ordinance sets parameters for the use of sidewalk vending equipment. Any vending equipment used by the sidewalk vendor may not exceed 8 feet in height to limit the risk of over-height objects falling on pedestrians. Sidewalk vendors may provide a chair for themselves, but may not set up customer seating areas to prevent undue congregation and
15 overcrowding of sidewalks that would make it difficult for pedestrians. In addition, to prevent damage to public property, the ordinance prohibits vending equipment from being attached to or making contact with any utility pole, street sign, trash can, traffic pole, or any other public structure. To prevent theft of public resources, sidewalk vendors are prohibited from connecting to an external source of power, water, or any other utilities located on public property. Also, to protect against unsafe distractions that could endanger pedestrians and drivers, the ordinance prohibits sidewalk vendors from using amplified sound-making devices such as loudspeakers, microphones, and public address systems in conjunction with vending. Lastly, to ensure sanitary conditions, sidewalk vendors engaged in the vending of food or beverages must have hand sanitizer located in a conspicuous location readily available for use by customers. Notwithstanding any specific requirements listed in the ordinance, no sidewalk vendor shall use vending equipment in such a way as to endanger the safety of person or property or to cause a public or private nuisance.
Portable Cooking Equipment
The ordinance prohibits roaming sidewalk vendors from using any portable cooking equipment, flammable gas-fueled appliance, or any open flame because of the danger associated with constantly moving while cooking or constantly moving while transporting such hazardous materials. The ordinance does allow stationary sidewalk vendors to use propane, natural gas, or butane, but prohibits all sidewalk vendors from the use of other flammable fuels such as kerosene, deep frying, and gasoline. The ordinance also prohibits the use of wood burning ovens or charcoal barbeques based on public safety concerns over charcoal briquettes and wood embers having a greater potential to cause fires if they were to fall on the ground or get airborne particularly when it is windy. It also prohibits the use of portable generators because of noise and air quality health concerns for pedestrians. Prior to using portable cooking equipment, stationary sidewalk vendors must obtain any and all required permit(s) from the County Department of Environmental Health such as a valid Mobile Food Facilities permit. Such vendors must also comply with the California Retail Food Code in addition to regulations set forth in the proposed ordinance.
Only stationary sidewalk vendors may use an open flame, but must stay at least 20 feet away from permanent structures and at least 30 feet away from dry grass, grain, brush, or forested covered area at the recommendation of the Fire Marshall. To prevent fire hazards, sidewalk vendors are regulated in a variety of ways under Section 36.0108(f) as it relates to the use of portable cooking equipment, including being prohibited from smoking or vaping, not leaving such equipment unattended while in use, regularly cleaning such equipment and removing grease and food buildup, and storing, connecting, disconnecting, testing, and transporting gas tanks properly. The ordinance also limits the size of such tanks to 20 gallons or less and they must have a shut-off valve and pressure regulator to reduce the risk and impact of explosion to protect the public safety. Stationary sidewalk vendors using portable cooking equipment must also keep an easily accessible fire extinguisher on hand that is properly stored as well as regularly serviced and maintained.
In order to protect public health and safety as well as water quality and storm water mandates, sidewalk vendors are also required to maintain a clean and sanitary condition within a 10 foot radius of their vending operation as well as provide their own proper trash receptacle, and may not allow any liquids or grease within a storm drain conveyance system.
They must also adhere to other best management practices such as disposing of grease properly, possessing spill kits comprised of paper towels, cloth towels, cat litter, or sand at all times while vending, removing any spill material off the ground once it is absorbed, and ensuring that any water or rinse residue used for vending activities such as cooler water, ice,
16 and food preparation water are not disposed in the curbs, gutters, streets, drains, or on any public property. They are also required to follow all regulations set forth by the County Department of Environmental Health if they wish to sell food.
Prohibited Sales
To protect public health and safety, sidewalk vendors are prohibited from vending the following goods: alcoholic beverages, tobacco and tobacco products, vaping products, smoking and drug related paraphernalia, cannabis and cannabis products, weapons, including knives, guns, or explosive devices, BB devices or imitation firearms, pharmaceuticals, live animals, materials harmful to minors as defined in section 58.07 of the Code, or other products prohibited by local, state, and federal laws. The sale of weapons and imitation weapons poses a public safety issue because such items can cause injury to others or be confused for real weapons. Other items listed such as alcohol, tobacco, pharmaceuticals, and vaping products are already regulated or restricted in the way that they can be sold due to public health and safety concerns. There is a prohibition on the sale of live animals for both the safety of the public and animals.
Past Committee Actions - Economic Development & Intergovernmental Committee
On July 25th, 2019, the Economic Development & Intergovernmental Committee unanimously approved the draft ordinance with the following requested changes:
• Prohibit La Jolla Shoreline Parks year-round.
o This requested change was evaluated and was not included in the revised ordinance. SB 946 allows cities to regulate parks, but only to prevent an undue concentration of commercial activity, which may unreasonably interfere with the park’s scenic or natural characteristics, or for concerns related to public health, safety and welfare. Following the proposed prohibition during the summer moratorium in La Jolla shoreline parks, visitors in the area will be significantly reduced thereby reducing public health, safety, and welfare concerns.
Additionally, the ordinance proposes a year-round 100-foot buffer between sidewalk vendors which will address concerns related to preventing an undue concentration of commercial activity within the parks.
• Amend Section 36.0102(j) to define Coast Boulevard as "from Cave Street to the 200 block of Coast Blvd. South in La Jolla.”
o This is included in the ordinance under Section 36.0106(e) which prohibits sidewalk vending in this location during the summer moratorium based on the fact that this extension of Coast Boulevard is directly adjacent to several significant coastal resources such as shoreline parks, tidepools and small beaches including Nicholson Point, Cuvier Park and the Wedding Bowl at the park. These amenities draw thousands of visitors every year. By prohibiting sidewalk vending along the corridor, it will ensure the public continues to have the ability to freely walk this area and reduce pedestrian and sidewalk vendor conflict during the busiest time of the year.
17 • Provide an evaluation of Amici Park and Veterans Park in Section 36.0107(f).
o Veterans Park is a shoreline park within the community of Ocean Beach and will be subject to a prohibition during the summer moratorium under Section
36.0107(i) in addition to citywide park regulations within the proposed ordinance under SDMC section 36.0107.
o The property of Amici Park is owned by the San Diego Unified School District and operated under a lease agreement with the Little Italy Association so it was not included in the proposed ordinance. The City could only enforce the area of the park within the City’s right of way which would be subject to restrictions from various above ground facilities, spacing between vendors and other general applicable laws.
• Provide an evaluation of Ocean Boulevard in Pacific Beach in Section 36.0106(c).
o Ocean Boulevard Bike Path is included under the definition of high traffic bike and shared use path. This path extends from Crystal Pier to Law Street. In order to prevent a higher risk of serious injury due to the concentration of pedestrians, and higher rates of speed of bicyclists and other forms of mobility, sidewalk vendors are prohibited from vending within 10 feet of any high traffic bike and shared use path.
• Provide language to define services and rentals, and an evaluation of services and rentals for prohibition.
o The parameters within SB 946 only apply to the sale of goods, which include food, beverages, or merchandise and does not express any intent or include any reference to services or rentals such as hair braiding, massages, fortune telling, tattooing, or renting surfboards on sidewalks and pedestrian paths. The proposed regulations define Services as “activities involving the performance of work for others or the provision of intangible items that cannot be returned once they are provided.” Using this definition, language was added to Section 36.0105(o) of the ordinance that prohibits sidewalk vendors from selling or offering to sell services, or rentals of any goods or services.
• Provide language to define public promenades and plazas and prohibit vending in public promenades and plazas.
o Language was added to Section 36.0102 of the ordinance to define a “plaza”. A “plaza” is defined as a public square or other large urban open space typically 1,000 square feet or greater in size under the control of the City’s Parks and Recreation Department and designated as a City plaza, which is primarily intended to allow the public to congregate to enjoy surrounding public amenities such as fountains, benches, tables, landscaping, or historical structures. Under section 36.0107(c), no sidewalk vendor may vend within 100 feet of another sidewalk vendor.
o The City can designate an area to be a promenade through the use of signage and other identifiers. Given that promenades typically are major pedestrian thoroughfares, the ordinance requires a 50 foot distance requirement between stationary sidewalk vendors to ensure adequate space and pedestrian access
18 between vendors and these larger concentrations of people.
• Explore options for extending indemnification to cover Maintenance Assessment Districts and Business Improvement Districts.
o The ordinance was revised to include release and indemnification requirements that included “contractors” which would include all entities and vendors maintaining City sidewalks under a City contract.
Some Additional Changes since Committee:
Requiring sidewalk vendors to place items for sale at least 36 inches off the ground to ensure public safety by avoiding the creation of tripping hazards and increasing visibility to pedestrians;
Expanding the distance requirements from bus, tram, and other non-trolley stops to 65 feet, measured in a linear fashion along the curb, to reduce pedestrian conflicts for transit passengers and vending activities;
Requiring sidewalk vendors to cease vending operations in a park by the designated park closing time or by sunset if there is no designated closing time; Required a 25-foot distance requirement for all sidewalk vendors from park decorative fountains, statues, monuments, memorials or art installations within parks to ensure preservation of the natural and scenic amenities; Expanding prohibited items that can be sold to prohibit the sale of live animals and harmful materials to minors as defined in Municipal Code section 58.07, which would include pornographic materials.
Revising and establishing distance requirements for crosswalks, emergency exits and railroad crossings to enhance public safety.
Prohibiting sidewalk vending on any property under a lease agreement with the City of San Diego to avoid violating the property rights of City lessees. Requiring vendors to use no more than 5 square feet or 25% of vending space, whichever is less, for personal items that are not directly related to vending operations to ensure that limited sidewalk space is primarily dedicated to vending and to balance the need of pedestrians and others to use the sidewalk Authorizing the City Manager to create Entrepreneurship Zones throughout the City of San Diego
Outreach Efforts
Following an initial review of the draft ordinance at the Economic Development and Intergovernmental Relations Committee, staff made additional outreach efforts to obtain input directly from sidewalk vendors and stakeholders affected by the proposed ordinance.
Following input from City Council offices, staff identified and hand delivered flyers to locations throughout the City where there were high numbers of sidewalk vendors such as, but not limited to La Jolla, Ocean Beach, Mission Beach and Pacific Beach, Old Town and Balboa Park. The flyers informed sidewalk vendors of several workshops where they could give input on the proposed ordinance. In October 2019, three workshops were held at three different locations: the Logan Heights Library, Fair @ 44 in City Heights, and the Serra Mesa Library. The workshops were attended by approximately 100 people.
In addition to hosting three workshops, the City launched sandiego.gov/sidewalkvending which was created to educate the public on the proposed ordinance. It included links where
19 stakeholders could review the draft ordinance, read Senate Bill 946, watch the hearing from the Economic Development & Intergovernmental Relations Committee, learn about upcoming workshops, and submit additional feedback via email to a dedicated email address:
[email protected].
Based on feedback from these workshops and other communications, staff revised the ordinance to address concerns and create more flexibility for sidewalk vendors. This includes:
Not requiring roaming sidewalk vendors to adhere to distance requirements from above ground structures;
Allowing more flexibility for sidewalk vendors to use sidewalk space by not restricting all sidewalk vendors to a 6’ x 4’ area. Instead, sidewalk vendors would be allowed up to 24 square feet but could not exceed 8 feet in total length or 4 feet in total width; Allowing sidewalk vendors to begin vending earlier by revising the start time to 7 a.m. from 8 a.m. in residential areas and revising the start time to 6 a.m. from 7 a.m. in commercial areas;
Replaced the year-round prohibition with a prohibition during the summer moratorium on the following streets: Newport Ave between Abbott Street and Sunset Cliffs Blvd in Ocean Beach; Ventura Place between Mission Blvd and Ocean Front Walk in Mission Beach; Garnet Ave between Ocean Front Walk and Cass Street in Pacific Beach; and Coast Boulevard between Cave Street and the 200 block of Coast Boulevard South in La Jolla;
Removed requirement that a roaming sidewalk vendor cannot vend on a single residential block for longer than 60 minutes;
Allowing sidewalk vendors to use a shade apparatus and to provide seating for sidewalk vendor personal use only;
Reducing the distance requirement for sidewalk vending near Major Transit Stops from 100 feet to 50 feet.
Removing distance requirement for roaming sidewalk vendors from fire lanes and fire hydrants
As of spring 2021, the new mayoral administration conducted a series of meetings with vendor advocate organizations. In addition, Council District Two took the lead on this effort as of June 2021. Our office has met with various stakeholders including the San Diego Immigrant Rights Consortium, Logan Heights CDC, City Heights CDC, Downtown Partnership, the Padres, Balboa Park Conservancy, San Diego Restaurant Association, Mission Beach Town Council, Ocean Beach Town Council, Pacific Beach Town Council, Point Loma Association, Supervisor Fletcher’s Office, and County of San Diego Health & Human Services. We continue to meet with stakeholders to ensure that we create an ordinance that appropriately balances the needs of all those effected.
Indemnity But No Insurance Requirement
The prohibitions and regulations on sidewalk vending activities within highly trafficked corridors, parks, and other areas are intended to reduce and prevent pedestrian and sidewalk vendor conflict thereby decreasing liability and accidents. According to the Risk Management Department, the City has not received any claims from sidewalk vendors or the public to date.
For this reason, sidewalk vendors are not required to obtain insurance. Furthermore, the cost of insurance could easily exceed a minimum of $1,500 per a year and create an additional
20 barrier to economic entrepreneurship for sidewalk vendors. As part of the application process, sidewalk vendors will need to indemnify and hold harmless the City, its officers, agents, employees, contractors, and volunteers from any and all claims arising out of any vending activity or any illness or injury resulting therefrom.
Minors Involved with Sidewalk Vending
Given that sidewalk vendors operate outdoors and possibly throughout the City and in the evening hours, minors need to be supervised and accompanied by an adult for public safety reasons.
As such, minors, who are individuals under 18 years of age, will not be issued sidewalk vending permits, but they may assist with permitted sidewalk vendors. Any minor assisting with or engaged in vending must be physically accompanied by an adult sidewalk vendor with a valid vending permit. The sidewalk vendor is responsible for the actions of the minor as any and all actions of the minor including any violations committed by the minor are attributable to the sidewalk vendor.
Enforcement
As set forth by SB 946, violations associated with any part of the ordinance will be subject to escalating fines as set forth in the table below:
Administrative Citations
(Violations within one
year)
With Permit Without a Permit
First Violation $100 $250
Second Violation $200 $500
Third Violation $500 $1,000
Fourth Violation $500 and/or
permit revocation
$1,000
Unless there is a particularly substantive danger associated with the sidewalk vendor’s conduct, it is staff’s intent to allow all sidewalk vendors violating the ordinance a verbal warning within the first month the ordinance is in effect to educate sidewalk vendors about the new regulations. If a sidewalk vendor does not comply with the warning, staff may begin issuing administrative citations in accordance with SB 946. Following multiple violations of the proposed regulations, sidewalk vendors would be subject to additional fines as set forth in SB 946. If fines are not adequately addressing a particular violation or there is vending activity which constitutes an imminent and substantial safety or environmental hazard, the City may impound any vending equipment or goods that are contributing to this hazard. The sidewalk vendor would be required to pay the cost of impound and the cost of any storage.
The Environment Services Department would be responsible for all impounds.
Enforcement will be conducted primarily by the Code Enforcement Division in addition to City of San Diego Park Rangers on a proactive and responsive basis to areas of high concern for public health, safety and welfare. The San Diego Police Department may issue warnings and assist with educating sidewalk vendors but will be focused on enforcement only for the most imminent hazards to public safety or when Code Enforcement officers and park ranger are unavailable.
21 Permit Revocation
The ordinance outlines provisions related to the revocation of a permit. Grounds for permit revocation may include, but is not limited to, giving the City false information in a sidewalk vending application or for violating local, state and federal laws while operating as a sidewalk vendor, repeated failure to comply with sidewalk vending regulations, or failure to notify the City Manager within 5 business days of any material changes to the facts provided in a vending permit application subsequent to the issuance of a vending permit. Sidewalk vendors are allowed appeal a permit revocation as set forth in Chapter 1, Article 2, Division 4 of the San Diego Municipal Code.
Effective Date of the Ordinance
The ordinance effective date will be set at a future council hearing in order to provide an opportunity for City staff to determine the permit fee and to set up the permit system. Since the ordinance is subject to California Coastal Commission approval, the ordinance would not take effect in the areas of the City within the Coastal Zone until such approval was obtained.
A map of the Coastal Zone boundary is available on the California Coastal Commission website at the following link: https://www.coastal.ca.gov/maps/czb/
City Strategic Plan Goal(s)/Objective(s):
Goal #2: Work in partnership with all of our communities to achieve safe and livable neighborhoods. Objective #1: Protect lives, property, and the environment through timely and effective response in all communities
Goal #3: Create and sustain a resilient and economically prosperous City.
Objective #1: Diversity and grow the local economy.
Fiscal Considerations:
The cost to administer sidewalk vending applications has not yet been determined. City staff is currently determining cost associated with the implementation, education/outreach, permitting and enforcement.
Charter Section 225 Disclosure of Business Interests:
N/A; there is no contract associated with this action.
Environmental Impact:
1. Sidewalk Vending Ordinance:
This ordinance to regulate sidewalk vending is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(2) as it would not result in a direct or reasonably foreseeable indirect physical change in the environment. Pursuant to SB 946 and with limited exception, cities are not permitted to disallow sidewalk vending on a public sidewalk, except where the restrictions are directly related to objective health, safety, or welfare concerns. This ordinance is intended to comply with SB 946. In accordance with SB 946, the City has not been enforcing its regulations related to sidewalk vending that are in conflict with SB 946.
As a result, sidewalk vendors are currently operating in the City and would continue to be
22 allowed to do so even with the adoption of this ordinance. Therefore, adoption of this ordinance would not result in any physical changes to the environment. Even if the ordinance is subject to CEQA, it is nevertheless categorically exempt pursuant to CEQA Guidelines section 15301(Existing Facilities) because it involves the use of existing sidewalks involving negligible or no expansion of an existing use as the ordinance is proposing to regulate sidewalk vending activity that is already occurring and will allow for regulated uses of City sidewalks in a manner no more intense than is the case on the date the City Council adopts the ordinance, and none of the exceptions to the exemption listed in CEQA Guidelines 15300.2 would apply.
2. Repeal of Pushcart in the Public Right-of-Way Regulations:
The proposed repeal of regulations related to pushcarts in the public right-of-way are not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) as it would not result in a direct or a reasonably foreseeable indirect physical change in the environment. Pushcarts located within the right-of-way are not permanent structures and are primarily designed to service existing pedestrian activity.
Pursuant to Senate Bill (SB) 946 and with limited exception, cities are not permitted to disallow sidewalk vending on a public sidewalk except where the restrictions are directly related to objective health, safety or welfare concerns. The repeal of pushcart in public right- of-way provisions are intended to comply with SB 946. In accordance with SB 946, the City has not been enforcing its regulations related to sidewalk vending that are in conflict with SB 946, including its pushcart in the public right-of-way provisions so the repeal of such provisions will not have an effect on the environment.
Equal Opportunity Contracting Information (if applicable):
N/A
Previous Council and/or Committee Actions:
1. Sidewalk Vending Ordinance:
Motion by Councilmember Ward to recommend Council approval of staff's proposed actions with the following amendments.
• Prohibit La Jolla Shoreline Parks year-round.
• Amend Section 36.0102(j) to define Coast Blvd as "from Cave Street to the 200 block of Coast Blvd. South in La Jolla.”
•Provide language to amend Section 36.0102(j) to include cross streets in the area bounded by Kettner Blvd., Columbia Street, Beech Street, and Laurel Street in downtown. • Provide an evaluation of including Amici Park and Veterans Park in Section 36.0107(f). • Provide an evaluation of including Ocean Blvd. in Pacific Beach in Section 36.0106(c). • Provide language to define services and rentals, and an evaluation of services and rentals for prohibition.
• Provide language to define public promenades and plazas and prohibit vending in public promenades and plazas.
• Explore options for extending indemnification to cover Maintenance Assessment Districts and Business Improvement Districts.
23 Second by Councilmember Bry.
Passed by the following vote:
Yea: Barbara Bry, Mark Kersey, Monica Montgomery, Christopher Ward Nay: (None)
Recused: (None)
Not Present: (None)
Abstain: (None)
2. Repeal of Pushcarts in the Public Right-of-Way Regulations:
Planning Commission: The proposed project is being heard by the Planning Commission on July 25, 2019. The Planning Commission’s recommendation will be provided prior to the City Council hearing.
Community Planners Committee (CPC) Recommendation: On June 25, 2019, the item was heard as an informational item and no comments were received.
Technical Advisory Committee (TAC): Planning Department staff notified the members of TAC via email on July 2, 2019, of this proposed action due to their July 10, 2019 meeting being cancelled.
Code Monitoring Team (CMT): Planning Department staff notified the members of CMT via email, on July 2, 2019, of this proposed action due to their July 10, 2019 meeting being cancelled.
Key Stakeholders and Community Outreach Efforts:
Outreach and input was received by the following organizations and departments but not limited to: sidewalk vendors, San Diego Regional Chamber of Commerce, San Diego Business Improvement District Alliance, Council on Policy Initiatives, City Heights Community Development Corporation, Logan Heights CDC, Community Planners Committee, San Ysidro Chamber of Commerce, Balboa Park Cultural Partnership, Downtown San Diego Partnership, Gaslamp Quarter Association, San Diego Convention Center, Little Italy Association, Metropolitan Transit System, San Diego Police Department, Development Services Department - Code Enforcement, Risk Management Department, Parks and Recreation Department, Fire-Rescue Department and Lifeguard Division, Transportation and Stormwater Department, County Department of Health and Human Services, Port of San Diego, California Coastal Commission and Council Offices.
Venus Molina
Chief of Staff, Council District 2
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawisecons ulting.com | 30 Appendix F
City of Anaheim Application for Sidewalk Vendor Permit
REV3/19
(OFFICE USE ONLY) BUS#_______-____________ REG# _______-____________ APD#______________
CITY OF ANAHEIM
APPLICATION FOR SIDEWALK VENDOR PERMIT
Chapters 4.10, 4.52, 12.12, 13.08, 14.32-Anaheim Municipal Code
New Application Renewal --- Expiration Date of Previous Permit: _____________ Open/Start Date of Business: _____________________
PART 1: NAME AND ADDRESS OF BUSINESS/VENDOR
Business Name
Business Address (Physical Address Only CANNOT Be a P.O. Box)
City
State Zip
(Include All Business Telephone Numbers)
Business Phone
Cell Phone Email
Mailing Address (if different from above)
City
State Zip
PART 2: OWNER INFORMATION
Last Name
First Name Middle
Alias or Maiden Names
Home Address
City
State Zip Primary Phone
Place of Birth Date of Birth
Sex
Male Female
Age Height Weight Hair Eyes
Driver's License No.
State Resale Permit #: Social Security or Tax ID No. Other Licenses Held
State
OFFICE USE ONLY
APP REC'D _______________________________ BY _____________________________________ LICENSE / PERMIT # __________________________
TRANSMITTED TO DEPARTMENTS: DATE __________________________________ BY _____________________________________________________
REVIEWED BY:
PLANNING (ZONING) DATE ________________Recommendation_______________________________ BY ______________________________ CODE ENFORCEMENT DATE ________________Recommendation_______________________________ BY ______________________________ POLICE DEPARTMENT DATE ________________Recommendation_______________________________ BY ______________________________ PUBLIC WORKS (STREETS) DATE ________________Recommendation_______________________________ BY ______________________________ COMMUNITY SVS (PARKS) DATE ________________Recommendation_______________________________ BY ______________________________
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PART 3: Employment History
Name and Address of your previous employer in the last 5 years. Please begin with the most recent employer. If you require additional space, please attach an additional sheet. 1 Present Employer Address
City State Zip Job Start Date End Date Job Title
2 Employer Address
City State Zip Job Start Date End Date Job Title
3 Employer Address
City State Zip Job Start Date End Date Job Title
4 Employer Address
City State Zip Job Start Date End Date Job Title
5 Employer Address
City State Zip Job Start Date End Date Job Title
PART 4: Emergency Contact
Name of Person to Notify In Case of an Emergency
Full Name
Relationship
Home Address
City State Zip Phone
PART 5: Detailed Business Description
Please select what type of permit you are requesting:
Stationary Sidewalk Vendor Roaming Sidewalk Vendor
Please describe below in detail the types of goods or wares offered for sale, days & hours of operation and the location(s) you plan on conducting business:
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PART 6: Additional Information
Have you ever been arrested because of an alleged violation of any law or ordinance? Yes No Have you ever been convicted of a crime or misdemeanor other than a parking violation? Yes No Has your driver’s license ever been suspended or revoked? Yes No If you have answered yes to any of the above questions, please explain in detail below (giving dates and locations):
PART 7: Required Documents for Submittal of this Application:
Valid California Department of Tax and Fee Administration Seller’s Permit.
California Valid Identification (driver’s license or identification card)
Orange County Health Care Permit (required for the vending of food items)
Site Plan of location(s) for Stationary Sidewalk Vendors including size of cart, trailer or station with size of canopy if applicable and distance from curb to station. (Plan must be legible in an 8 ½” x 11” format)
Trash Collection Plan describe how you will maintain sanitary conditions and contain all refuse until properly disposed of by Sidewalk Vendor.
Application and Business License Fees
PART 8: The following must be initialed by the Business Owner/Vendor:
______ I have read and understand Chapter 4.10, 4.52, 12.12, 13.08 and 14.32 of the Anaheim Municipal Code. ______ Sidewalk Vending prohibited unless a valid Sidewalk Vendor permit and valid business license has been issued by the City of Anaheim.
______ Sidewalk Vending prohibited in or upon grounds of any stadium, convention center, government office building, police station, fire station, library or other public facility owned or operated by the City of Anaheim. ______ Sidewalk Vending prohibited in the Anaheim Resort District on the following designated public streets and sidewalks listed below:
• Ball Rd. from west side of Walnut St. to Palm St. east of Harbor Blvd. • Disney Way from Harbor Blvd. to east side of Clementine St. • Katella Ave. from Walnut St. to east side of Clementine St., except for the south side of Katella Ave. between Walnut St. and West St.
• Convention Center Dr./Convention Center Walkway from Katella Ave. to the south side of Convention Way.
• Convention Way from West St. to the east side of Harbor Blvd. • West St./Disneyland Dr. from Magic Way to south side of Katella Ave. • Harbor Blvd., from Ball Rd., to the south side of Convention Way • Manchester Ave. from Harbor Blvd. to 600 ft. easterly of Harbor Blvd.
REV3/19
______ Sidewalk Vending prohibited within two (2) hours before, during and two (2) hours after events at the Angel Stadium of Anaheim, the Honda Center and The City National Grove of Anaheim on the following designated public streets and sidewalks listed below:
• Orangewood Ave. from west side of 57 Freeway to 300 feet west of State College Blvd. • State College Blvd. from 300 feet south of Orangewood Ave. to the north side of Katella Ave. • Katella Ave. from west side of State College Blvd. to the Santa Ana River Trail. • Douglass Rd. from the entrance to the Angel Stadium of Anaheim to Cerritos Ave. • Dupont Dr.
• Rampart St. from Orangewood Ave. to Dumaine St.
• Gene Autry Way from S. Chris Ln. to entrance of the Angel Stadium of Anaheim. ______ Stationary Sidewalk Vending is prohibited from vending in a Public park that is subject to a concessions agreement that exclusively permits the sale of food or merchandise in that Public Park. ______ Stationary Sidewalk Vending is prohibited in any location zoned residential. ______ Sidewalk vending is prohibited within the immediate vicinity of a permitted certified farmers’ market or permitted swap meet during the hours of that certified farmers’ market or swap meet. ______ Sidewalk vending is prohibited within the immediate vicinity of any area designated for a temporary special permit for the duration of the temporary special permit. ______ Sidewalk Vendors shall maintain sanitary condition and contain all refuse until properly disposed of by the Sidewalk Vendor.
______ Sidewalk Vendors shall comply with the federal American with Disabilities Act of 1999 and other disability access standards, including but not limited to allowing for a minimum width of at least thirty-six (36) inches of accessibility on any sidewalk.
______ The business shall also be in conformity with all other city, state and federal laws.
PART 9: CERTIFICATION
I hereby certify under the penalty of perjury that the information given is true and correct. I understand that providing false information or withholding information, including any criminal record, is grounds for denial or revocation of my permit and may subject me to criminal prosecution. I do hereby authorize the City of Anaheim, its agents and employees to seek verification of the information contained on this application. I further understand that I may not conduct the activity applied for until a permit has been granted, and that a copy of the City Ordinances regulating Sidewalk Vendors is available to me in the City Clerk's Office or over the Internet at www.anaheim.net (Chapter 4.10, 4.52, 12.12, 13.08, and 14.32 of the Anaheim Municipal Code).
______________________________________________ _____________________________ Signature Date
____________________________________________________
Print Name and Title
FEES MUST ACCOMPANY THIS APPLICATION
PLEASE MAKE CHECKS PAYABLE TO: THE CITY OF ANAHEIM
OFFICE USE ONLY
Expiration Date _______________ Tax (1141) $_________________ Processing (1142) $ _________________
Fee Schedule ____________ Penalty (1143) $ _________________ Interest (1144) $ _________________
NAICS Code ____________ Permits (1149) $ _________________ TOTAL $ _________________
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 31 Appendix G
City of Oakland Mobile Vending Application
Updated 4/5/2022 Page 1 of 5
I
Please submit your application via email to [email protected] or in person by calling ( 510)238-2273 to schedule an appointment. Please note only completed applications will be accepted.
City of Oakland vending regulations can be found on the Mobile Vending Program website:
https://www.oaklandca.gov/topics/food-and-mobile-vending-permits
1. G ENERAL VENDOR/OWNER INFORMATION
BUSINESS NAME:
DAYS OF WEEK / HOURS OF OPERATION: ______________________________________________________________ TYPE OF VENDOR: FOOD Merchandise
TYPE OF VENDING: Roaming Stationary (sidewalk or parking lane) Private Property (please complete section five)
TYPE OF VEHICLE: Sidewalk Trailer ________ Food Truck __________ Trailer (parking lane) __________ (License Plate #) (License Plate #) (License Plate #) Pushcart____________ Personal vehicle____________ (non-food merchandise vendor) (License Plate #) (License Plate #) Other _________________ NUMBER OF EMPLOYEES: _______ (Not including vendor/owner.)
2. V ENDOR/OWNER INFORMATION (PLEASE NOTE CONTACT INFORMATION IS NOT PUBLIC RECORD)
Owner Name:
Owner Mailing Address:
City/State: Zip:
Owner phone #: Vendor E-mail:
Have you identified an authorized agent to submit the application on your behalf? No Yes If no, skip to Section 3. If yes, please complete below. (Authorized Agent) First Name_______________________ Last name_________________________________ Mailing Address:
City/State: Zip:
Phone No.: E-mail:
3. Vendor/Owner Demographics (please note individual demographic information is confidential)
a. Owner age: ☐ 18-20 ☐ 21-39 ☐ 40-69 ☐ 70 and over ☐ Decline to state
b. Owner Race/Ethnicity: ☐ African American/Black ☐ American Indian or Alaska Native ☐ Asian ☐ Caucasian/White ☐ Hispanic/LatinX ☐ Hawaiian or Pacific Islander ☐ Decline to state Other: _______________________________________________
FLEX STREETS INITIATIVE
MOBILE VENDING APPLICATION
Special Activity Permits Division
1 Frank H. Ogawa Plaza, Suite 123, Oakland, CA 94612
Phone: 510-238-2273 Email: [email protected]
Updated 4/5/2022 Page 2 of 5
c. Owner Gender: ☐ Male/Man ☐ Female/Woman ☐ Nonbinary ☐ Transgender ☐ Decline to state d. Owner Disability: ☐ Yes, I have a disability/One or more of the owners of the business entity has a disability ☐ No, I do not have a disability/None of the owners of the business entity has a disability ☐ Decline to state
e. Owner Education: ☐ No High School Diploma ☐ High School Graduate or Equivalency ☐ So me college, No Degree ☐ Professional Certification ☐ Associate’s Degree ☐ Bachelor’s Degree ☐ Graduate or Professional Degree ☐ Decline to State
4. Would you like to be featured on our City of Oakland’s mobile vending website so event organizers can contact you? No Yes
If yes, please provide below your company’s name, type of food/merchandise, your website link, and/or email that you would like displayed on the City of Oakland’s website:.
Typ
e of Food/Merchandise (Less than 10 words) _____________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________
5. VENDING ON PRIVATE OR CITY OWNED PROPERTY? NO YES (if yes, please complete the
6. V ENDING ON SIDEWALK OR IN PARKING LANES? No (skip section) Yes (If yes, please complete the section below)
*Roaming Vendors*: Please indicated street intersections or address.
Loc
ation 1___________________________________ Location 2_______________________________________ Loc
ation 3___________________________________ Location 4_______________________________________ Loc
ation 5___________________________________ Location 6________________________________________ *No
tes___________________________________________________________________________________________ *Roaming vendors stop only long enough to make a sale. Vending in one location for more than 60 minutes requires providing customers and employees with access to a restroom (See section #7).
Proposed Address: Please attach a lease or letter of authorization from the property owner along with this application.
*Proposed Vending Location Information*
Ad
dress number_________________ Address Street name________________ Address zip code_________ *Pr
operty owner contact information*
Owne
r name________________________________________ Owner telephone number__________________ Ow
ner Email: ______________________________ EXTRA NOTES________________________________________ **RE
QUIRED-- Location(s) will be verified by city staff before issuing a permit**
Updated 4/5/2022 Page 3 of 5
TO BE COMPLETED BY SCHOOL’S SUPERVISING ENTITY* (if waiver is granted):
Specify if there is any time of day when vending is prohibited: ______________________________ Please list any Restrictions: _________________________________________________________________ *School’s Supervising Entity: ______________________________________ ________________________ (Printed Name, Title) (Phone Number) _________________________________________ _________________ (Signature) (Date) *For Oakland Unified School District schools (and certain Charter schools served by OUSD Nutrition Services), the supervising entity is the Executive Director of OUSD Nutritional Services.
Applicant must complete this section if they are requesting a waiver from a school’s supervising entity* to help the supervising entity make a determination:
Name of School: _________________________________________________________ Address of School: _______________________________________________________ I, the undersigned, have attached a copy of the menu, which shows that the vendor will only sell “healthy foods” such as fruits; non-fried vegetables; dairy foods; food made from nuts, seeds, legumes, cheese; foods made from whole grains (defined as 51% or more); foods which do not contain trans-fat. Beverages for sale in this definition include:
water; 100% fruit or vegetable juice; nonfat and 1% milk; and non-dairy milk, such as soy. Sugar-sweetened beverages, candy and soda are not considered “healthy” under these guidelines. ________________________________________________ _______________ Signature of Vendor/Owner Date
7. RESTROOM REQUIREMENTS FOR STATIONARY VENDORS Restroom Authorization must be within 200-feet of the stationary vending location.
Name of Business Providing Restroom Access: ________________________________________________________ Business Address: ________________________________________________________________________________ Business Owner’s Name: ___________________________________________________________________________ Business Phone number: ___________________________ Business Owner Email_____________________________ Vendor use of restroom: Date(s)_______________________________ Hours of use _________________________ Business Owner Signature: _______________________________Date: _______________ *Submit a copy of the authorization letter for employees to use the restroom along with this application. * *Note: City staff will verify agreement before issuing a vending permit*
8. SCHOOL WAIVER (To be completed if vendor obtains a school waiver as detailed below) Vendors may not sell within 300 feet of any school, between 7 a.m. and 6 p.m., Monday through Friday, unless the school’s supervising entity* provides a waiver to serve healthy food or to sell merchandise.
*F
or Oakland Unified District schools (and certain Charter schools served by OUSD Nutrition Services), the supervising entity is the Executive Director of OUSD Nutritional Services.
Updated 4/5/2022 Page 4 of 5
Vendor must complete this section if they are requesting a waiver from a brick-and-mortar:
For the owners of a restaurant/café or merchandise store within a buffer distance of a site where a vendor is seeking a permit to vend: With my signature, I authorize this application from a vending business to sell within the above- described buffer distances.
9. RESTAURANT OR MERCHANDISE STORE WAIVER*
To be completed if truck or trailer is vending within 300-feet of a brick-and-mortar restaurant or merchandise store.
To be completed if a non-motorized sidewalk vendor will be vending within 100-feet of a restaurant or merchandise store.
* Signatures required from merchandise (for merchandise vendors) stores and restaurants (for food vendors) *
1. Food vendors--Café/Restaurant #1 or Merchandise Vendor—Merchandise Store
Business Name: ______________________________________________________________ Address: ____________________________________________________________________ Owner’s Name: ______________________________________________________________ Phone number: ___________________________ Email_____________________________ Signature : _________________________________________Date : _______________
2. Food vendors--Café/Restaurant #2 or Merchandise Vendor—Merchandise Store
Business Name: ______________________________________________________________ Address: ____________________________________________________________________ Owner’s Name: ______________________________________________________________ Phone number: ___________________________ Email_____________________________ Signature : _________________________________________Date : _______________
3. Food vendors--Café/Restaurant #3 or Merchandise vendor—Merchandise Store
Business Name: ______________________________________________________________ Address: ____________________________________________________________________ Owner’s Name: ______________________________________________________________ Phone number: ___________________________ Email_____________________________ Signature: _________________________________________Date: _______________
Updated 4/5/2022 Page 5 of 5
10. SEND SUBMISSION REQUIREMENTS TO [email protected]
The following items are required for ALL applications unless otherwise noted. Each and every item is required at the time of application submittal. APPLICATIONS WITH MISSING ITEMS WILL NOT BE ACCEPTED AND WILL BE CONSIDERED INCOMPLETE.
(1) Mobile Vending Application (signed and completed) (2) Photographs for Food Vendors--showing front, side view and back (food vendors include the license plate and Alameda County Health decal) of the vending vehicle
(3) Proposed Menu (of items to be offered at the food vending vehicle) (4) Photographs – Non-Food Merchandise vendors showing front, side view and back of the vending vehicle or tent/table used to vend
(5) Copy of Health Permit(s) from Alameda County’s Department of Environmental Health (F ood vendors only) (6) Verified Insurance Certificate and Endorsement Page (7) Fees due: $0.00 for mobile vending application and permits processed before July 1, 2023 If applicable:
(8) Proof of Fire Permit and/or Inspection Report for (Vendors Using Gas to Cook or Warm/Cool Food) (9) Lease, or letter of authorization from property owner (Vending on Private Property or City Owned Property)1
Note: Fees may apply for the permits or clearances required by other departments or agencies as part of this submittal.
I certify that I am the vendor and that the information submitted with this application is true and accurate to the best of my knowledge and belief. I understand that the City is not responsible for inaccuracies in information presented, and that inaccuracies may result in the revocation of vending permits. I understand that approval of this application does not confer any form of permanent land use entitlement to the person, group, entity or property associated with this permit. I also understand that the permit s cannot be transferred or otherwise assigned to another person or entity. I agree to abide by all local, State and Federal requirements, including, but not limited to those listed in an associated Approval Letter issued by the City of Oakland, buffer, clearance and permission requirements related to the location of vending, and those laws relating to minimum wage and sick leave for employees.
I HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT I HAVE READ THE ABOVE AND THAT ALL THE INFORMATION PROVIDED ON THIS APPLICATION IS TRUE AND CORRECT. _____________________________________ ________________ Signature of Vendor/Owner Date
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawisecons ulting.com | 32 Appendix H
City of Oakland Mobile Food Vending Information
A vendor is a person who sells food or non-
alcoholic beverages in the public right-of-way,
private property, or city owned property from
a food truck, trailer, pushcart, stationary cart
or other equipmentallowed by the Alameda
County EnvironmentalHealth Department.
There are two types of vendors:
A Roaming Vendor moves from place to
place and stops only to make a sale.
A Stationary Vendor sells from a fixed
location e.g., public right-of-way, private or
city owned propertyon commercial or
industrial zones.
W
h
e
r
e
ca
n
I
v
e
nd
after
receiving my permit
?
Pushcart Roaming Vendors can vend
on any city sidewalk as long asthey comply
with sidewalkclearances, buffer distances and
special permissions.*
Stationary Vendors can vend on parking
lanes, sidewalks, private property or city
owned property in commercial or
industrial zones. As long as they comply
with sidewalk clearances, buffer distances,
parking requirements,and special
permissions.*
All Vendors are must comply with
all parking laws e.g., paying meter
parking, not parking in front of bus
stops, or red, yellow, green zones.
* S i d e w a l k C l e a r a n c e s*
Vending facilities must maintain at least 6-feet
clear path of travel along the sidewalk.
Additional clearance requirements, such as
distances frombus stops, fire hydrants, curb
ramps, building entrances and others are also
required.
* Special P e rm i ssi o n s*
Parks: To vend in City of Oakland parks,
vendors must also get permission from the
Oakland Parks, Recreation and Youth
Development Department. Please visit
https://www.oaklandca.gov/services/rentals-
and-reservations for additional information.
Schools: Vending within 300 feet of any
school is only allowed if a waiver is granted
by the school’s Supervising Entity to sell
healthy food and non-food merchandise.
*Buffer Distance*
Mobile Food Vendingoutside of a special
event or group siteis not allowed within:
• 300 Feet of any other permitted mobile food
vendor
• 100 Feet from anotherpermitted sidewalk Vendor
• 300 Feet of a Restaurant or Café
• 300 Feet of Schools
• 300 Feet of a Farmer’s Market, Flea Market, or
other Special Events (like "First Friday” or “Off
the Grid”)
• See Mobile Vending Website for Details
More Details?
Visit our website for applications
https://www.oaklandca.gov/t opics/food-
and-mobile- vending-permits
City of Oakland
MOBILE FOOD VENDING
Food Trucks, Trailers, and Sidewalk Vendors
To vend food and non-alcoholic beverages from the public right-of-way, private property or city owned property you must have a City of Oakland MobileVendingPermit.
Applications available at https://www.oaklandca.gov/topics/food-and-mobile-vending-permits *Special Event and
Group Site
Participants*
Buffer distances between
vendors do not apply if
you are part of a special
event or permitted mobile
group site.
• To Apply for a Special
Event Permit:
https://www.oaklandca.
gov/topics/special-
events
• To Apply for a Group
Site application:
https://www.oaklandca.
gov/topics/food-and-
mobile-vending-permits
Proof o f I n s u r a n c eH e a lt h P e r mi t
Talk to an
Insurance Agent
General Liability
Insurance is required;
Worker’s Compensation
Insurance may also be
required.
Request a Sample Document
[email protected]
Fire
Prevention Bureau
250 Frank H. Ogawa
Plaza,
Suite 3341, Oakland
Email:
[email protected]
Vendors using generators,
natural gas, propane,butane
may require a permit and/or
inspection for fire safety.
Alameda
County
Department of
Environmental
Health
1131 Harbor Bay Parkway,
Alameda, CA
(510) 567-6700
www.acgov.org/aceh
Keep in mind...
The regular permitted hours for
mobile vendors are 7 am to 10
pm daily. Late night vending may be
allowed if adjacent businesses are
open late.
You willalso need a business
license! You can obtain a license after
you receive your Mobile Vending
Permit.Contact the BusinessTax Office
please visit:
https://www.oaklandca.gov/services/app
ly-for-a-business-license-online for
more information.
250 Frank H Ogawa Plaza,
Suite 1320, Oakland, CA
(510) 238-3704
R es o u r ces
Interested in vending on City
Owned Property?
More information contact City of Oakland
Real Estate Department:
https://www.oaklandca.gov/resources/use-
city-owned-outdoor-property
Or email Jinnhua Su at
[email protected]
1 Please obtain t h e following permits and insurance before applying for a Mobile Vending Permit Please note there is no mobile vending a pplication or permit fee until July 2023
32 Check our website and sign up for email updates
https://www.oaklandca.gov/topics/food-and-mobile-vending-permits Fi re C le a r a n c e
Applications Available
Please visit:
https://www.oaklandca.gov/topics/food-
and-mobile-vending-permits
CALL : 510-238-2273
EMAIL : [email protected]
To report unpermitted
vending please email:
[email protected]
Business Assistance Center Free
help and referrals for small business
owners and entrepreneurs located in
Oakland:
https://www.oaklandca.gov/topics/o
akland-business-assistance-center
Or
email Juno Thomas
[email protected]
City of Oakland
MOBILE FOOD VENDING
Permit Application Process
Applications available a t: https://www.oaklandca.gov/topics/food-and-mobile- vending-permits
Step 1
Alameda County Health Permit
https://deh.acgov.org/operations/
mff.page
Food Vendors
Step 2
Fire Prevention Inspection
(cooking with gas)
Email:
[email protected]
Step 3
*Obtain General Liability Insurance.
To request a Sample Document email:
[email protected]
Have Questions?
Feel free to contact the
Special Activity Permits
Division for question.
Please email:
Mobilevending@oakland
ca.gov
Resources
Interested in vending on
City Owned Property?
Contact the City of
Oakland’s Real Estate
Department:
https://www.oaklandca.go
v/resources/use-city-
owned-outdoor-property
Or email Jinnhua Su at:
[email protected]
Business Assistance Center
Free help and referrals for
small business owners and
entrepreneurs. Please visit:
https://www.oaklandca.go
v/to pics/oakland-
business- assistance-
center
*Note*
Vending on Private
Property must take
place in a commercial or
industrial zone.
Worker’s Compensation
Insurance is required if
you have one employee
or more.
Public right-of-way e.g.,
sidewalk or parking lane
in a commercial or
industrial zone.
Final Step:
City of Oakland Business
License/Certificate.
https://www.oaklandca.gov/topics/oakland-
business-assistance-center
Now you are ready to vend!
Step 4: Mobile Vending
Application**
https://www.oaklandca.gov/topics/food
-and-mobile-vending-permits
Submit copies of documents with your
application. If vending on private
property, submit a copy of your lease
agreement along with your application.
City of Oakland
MOBILE FOOD VENDINGSAFETY REQUIREMENTS
Applications available at: https://www.oaklandca.gov/topics/food-and-mobile- vending-permits
Safety Requirements for Vending Food on
Sidewalks and Parking Lanes
Sidewalk Clearance
• 6-feet straight path
clearance
• Measured from store
wall to furthest city
placed obstruction e.g.,
light pole, parking
meter, etc..
Buffer Requirements
• 300-feet from
Restaurants and Café’s
• 300-feet from food
trucks and trailers
• 300-feet from schools
unless authorized by
school Super Intendent.
• 100-feet from other
permitted sidewalk
vendors
Parking Lane Vending:
• Vendor is responsible
for obeying all parking
laws and practicing
good neighbor policies
Stationary Vendors
• May vend in
commercial and
industrial zones with
buffer, safety and
health requirements.
Vending for more than
60 minutes requires a
restroom signature.
Roaming Vendors
• Stopping only long
enough to make a sale
and continue to other
locations while
respecting safety
requirements.
Public right-of-way
• Parking Lanes.
Sidewalk
Clearance of 6-
feet
Buffer of 300-
feet from
Restaurants,
Café’s and
Schools.
Vending Safety
Requirements
for Permitted
Vendors
Buffer of 100-
feet from other
non-motorized
permitted
sidewalk
vendors
For a Map of Permitted Vending Areas Please visit:
https://www.oaklandca.gov/topics/food-and-mobile-vending-permits To Vend in City Parks:
This Permit does not grant permission to vend on City Park Land e.g., Lake Merritt, Mosswood Park, etc.. Please visit Parks, Recreational & Youth Development for additional information on obtaining permission to vend https://www.oaklandca.gov/services/rentals-and-reservations
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 33 Appendix I
City of Oakland Mobile Merchandise Vending Information
A vendor is a person who sells
merchandise in the public right-of-way,
private property,or city owned property
from a truck, trailer, vehicle, pop-up tent,
pushcart, stationary cart.
There are two types of vendors:
• A Roaming Vendor moves from place
to place and stops only to make a
sale.
• A Stationary Vendor sells from a fixed
location e.g., public right-of-way, private
or city owned property on commercial
or industrial zones.
Wh e r e ca n I v end after
receiving my permit?
Non-motorized-pushcart roaming
vendorscan vend on any city sidewalk
as long as they comply with sidewalk
clearances, buffer distances and special
permissions.*
Stationary Vendors can vend on
parking lanes, sidewalks,private
property or city owned property in
commercial or industrial zones. As
long as they comply with sidewalk
clearances, buffer distances, parking
requirements, and special permissions.*
All Vendors must comply with
all parking laws e.g., paying meter
parking, not parking in front of
bus stops, or red, yellow, green
zones.
* S i d e w a l k C l e a r a n c e s*
Vending facilities must maintain at least 6-feet
clear path of travel along the sidewalk.
Additional clearance requirements, such as
distances frombus stops, fire hydrants, curb
ramps, building entrances andothers are
required.
* Special P e rm i ssi o n s*
Parks: To vend in City of Oakland parks,
vendors must also get permission from the
Oakland Parks, Recreation and Youth
Development Department.
Please visit
https://www.oaklandca.gov/services/rentals-
and-reservations for additional information.
Schools: Vending within 300 feet of any
school is only allowed if a waiver is
granted by the school’s Supervising Entity to
sell healthy food and non-food merchandise.
*Buffer Distance*
Mobile Vending outside of a special event or
group siteis not allowed within:
• 300-Feet of any other permitted mobile vendor
• 100-Feet from other permittedroaming vendors
• 300-Feet from a merchandise brick and mortar
store
• 300-Feet of Schools
• 300- Feet of a Farmer’s Market, Flea Market, or
other Special Events (like "First Friday” or “Off
the Grid”)
• See Mobile Vending Website for Details
More Details?
Visit our website for applications
https://www.oaklandca.gov/t opics/food-and-
mobile- vending-permits
City of Oakland
"Non-food
Merchandise“
• Means goods, wares,
distribution of mobile
phones, mobile phone
services, sale of
flowers or other non-
food related
merchandise on the
public right-of-way.*
*Special Event and
Group Site
Participants*
Buffer distances between
vendors do not apply if you
are part of a special event or
permitted mobile group site.
To Apply for a Special
Event Permit:
https://www.oaklandca.gov/
topics/special-events
To Apply for a Group Site
application:
https://www.oaklandca.gov/
topics/food-and-mobile-
vending-permits
MOBILE MERCHANDISE VENDING
Merchandise Trucks, Trailers, Vehicles, and
Sidewalk Vendors
To vend merchandise or non-food merchandise from the public right-of-way,private property or city owned property you must have a City of Oakland MobileVendingPermit.
Applications available at : https://www.oaklandca.gov/topics/food-and-mobile-vending-permits
Proof o f I n s u r a n c e
Talk to an Insurance
Agent
General Liability Insurance is
required; Worker’s
Compensation Insurance
may also be required.
Request a sample
document at:
Mobilevending@Oakland
ca.gov
Business Assistance Center Free
help and referrals for small business
owners and entrepreneurs located in
Oakland:
https://www.oaklandca.gov/topics/o
akland-business-assistance-center
Or
email Juno Thomas
[email protected]
To report unpermitted
vending
Email: [email protected]
EMAI L [email protected]
CALL 510-238-2273
You willalso need a business
license! You can obtain a license after
you receive your Mobile Vending Permit.
Contact the BusinessTax Office please
visit:
https://www.oaklandca.gov/services/apply
-for-a-business-license-online for more
information.
250 Frank H Ogawa Plaza,
Suite 1320, Oakland, CA
(510) 238-3704
Res o urces
Interested in vending on
City Owned Property?
More information contact City of
Oakland Real Estate Department:
https://www.oaklandca.gov/resources/us
e-city-owned-outdoor-property
Or
email Jinnhua Su at
[email protected]
Please obtain t h e following permits and insurance before applying for a Mobile V ending Permit
Please note there is no mobile vending a pplication or permit fee until July 2023
2 Check our website and sign up for email updates
https://www.oaklandca.gov/topics/food-and-mobile-vending-permits Business License for the
City of Oakland
Business license is required
to vend within the City of
Oakland.
Visit:
https://www.oaklandca.gov/
topics/oakland-business-
assistance-center
or email for additional
information:
j cthom as@oakl andca. gov
1 Oakland Business License
Applications Available
https://www.oaklandca.gov/topics/food-
and-mobile-vending-permits
Keep in mind...
The regular permitted hours for
mobile vendors are 7 am to 10
pm daily. Late night vending may be
allowed if adjacent businesses are
open late.
City of Oakland
MOBILE MERCHANDISE VENDING
Permit Application Process
Applications available a t: https://www.oaklandca.gov/topics/food-and-mobile-vending- permits
Merchandise Vendors
Now you are ready to Apply for a Mobile
Vending Permit!
Step 1
Obtain General Liability
Insurance.
To request a Sample Document
email:
[email protected]
Have Questions?
Feel free to contact the
Special Activity Permit
for question. Please
email:
Mobilevending@oakland
ca.gov
Resources
Interested in vending on
City Owned Property?
Contact City of Oakland
Real Estate Department:
https://www.oaklandca.
gov/resources/use-city-
owned-outdoor-
property
Or email Jinnhua Su at:
[email protected]
Business Assistance
Center Free help and
referrals for small
business owners and
entrepreneurs. Visit:
https://www.oaklandca.
gov/to pics/oakland-
business- assistance-
center
*Note*
Vending on Private
Property must take
place in a commercial or
industrial zone.
Worker’s Compensation
Insurance is required if
you have one employee
or more.
Public right-of-way e.g.,
sidewalk or parking lane
in a commercial or
industrial zone.
Mobile Vending
Application *
https://www.oaklandca.gov/
topics/food-and-mobile-
vending-permits
*Note*
Vending on Private Property?:
Submit a copy of your lease
agreement and all documents
with your application
Last Step
City of Oakland Business License.
https://www.oaklandca.gov/topics/
oakland-business-assistance-center
Now you are ready to vend!
City of Oakland
MOBILE MERCHANDISE VENDING
SAFETY REQUIREMENTS
Applications available a t: https://www.oaklandca.gov/topics/food-and- mobile-vending-permits
Safety Requirements for Vending Merchandise on
Sidewalks and Parking Lanes
Sidewalk Clearance
• 6-feet straight path
clearance
• Measured from store
wall to furthest city
placed obstruction e.g.,
light pole, parking
meter, etc..
Buffer Requirements
• 300-feet from
Merchandise Stores
• 300-feet from schools
unless authorized by
school.
• 100-feet from other
permitted sidewalk
vendors
Parking Lane Vending:
• Vendor is responsible
for obeying all parking
laws and practicing
good neighbor policies
Stationary Vendors
• May vend in
commercial and
industrial zones with
buffer and safety
requirements.
Roaming Vendors
• Stopping only long
enough to make a sale
and continue to other
locations without being
stationary and
respecting safety
requirements.
Public right-of-way
• Sidewalks or Parking
Lanes.
.
Sidewalk
Clearance of 6-
feet
Buffer of 300-
feet from
Merchandise
Stores and
Schools
Vending Safety
Requirements
for Permitted
Vendors
Buffer of 100-
feet from other
non-motorized
permitted
sidewalk
vendors
For a Map of Permitted Vending Areas Please visit:
https://www.oaklandca.gov/topics/food-and-mobile-vending-permits To Vend in City Parks:
This Permit does not grant permission to vend on City Park Land e.g., Lake Merritt, Mosswood Park, etc.. Please visit Parks, Recreational & Youth Development for additional information on obtaining permission to vend https://www.oaklandca.gov/services/rentals-and-reservations
983 Osos Street , San Luis Obispo , CA 93401 | (805) 595 1345 | lisawisecons ulting.com | 34 Appendix J
City of Oakland Mobile Food Sidewalk Vendors Insurance
Requirements
Insurance requirements for the City of Oakland are as follows:
We need an ACORD (a Certificate of Insurance) showing:
$1 million per occurrence, and $1 million aggregate of General Liability Per the city’s requirement, we need an Endorsement to the General Liability Policy naming the following Additional Insureds:
"The City of Oakland, it’s Councilmembers, directors, officers, agents, employees and volunteers."
We don’t need Endorsements for the Auto or Workers’ Compensation policies.
The ACORD and the Endorsement are usually one-page documents. The ACORD is a summary of the current insurance policy. The Endorsement legally changes the policy to add the City, et al. as Additional Insureds.
The Certificate Holder should be:
City of Oakland
Department of Transportation
250 Frank Ogawa Plaza, 4th floor
Oakland, CA 94612
Return documents to City of Oakland
via email: with your Flex Streets—Street Closure Application Packet via your City of Oakland staff contact
or US Mail: City of Oakland
Department of Transportation
250 Frank Ogawa Plaza, 4th floor
Oakland, CA 94612
(FOR STREET CLOSURE)
Schedule Q
Mobile Food Sidewalk Vendors
INSURANCE REQUIREMENTS
(Revised 09/03/19)
a. General Liability, Workers’ Compensation and Professional Liability Vendor shall procure, prior to commencement of service, and keep in force for the term of this permit, at Vendor's own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with insurance companies doing business in California and acceptable to the City. If requested, Vendor shall provide the City with copies of all insurance policies. The insurance shall at a minimum include:
i. Commercial General Liability insurance shall cover bodily injury, property damage and personal injury liability for premises operations, independent contractors, products-completed operations personal & advertising injury and contractual liability. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01)
Limits of liability: Vendor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
ii. Workers’ Compensation insurance as required by the laws of the State of California, with statutory limits, and statutory coverage may include Employers’ Liability coverage, with limits not less than $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, and $1,000,000 each employee bodily injury by disease. The Vendor certifies that he/she is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage, or to undertake self-insurance in accordance with the provisions of that Code.
The Vendor shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work under this Agreement and thereafter as required by that code. b. Terms Conditions and Endorsements
The aforementioned insurance shall be endorsed and have all the following conditions:
i. Insured Status (Additional Insured): Vendor shall provide insured status naming the City of Oakland, its Councilmembers, directors, officers, agents, employees and volunteers as insureds under the Commercial General Schedule
Q - Mobile Food Sidewalk Vendors INSURANCE REQUIREMENTS Page 2 Revised 09/03/19
Liability policy. General Liability coverage can be provided in the form of an endorsement to the Vendor’s insurance (at least as broad as ISO Form CG 20 10 (11/85) or both CG 20 10 and CG 20 37 forms, if later revisions used).
If Vendor submits the ACORD Insurance Certificate, the insured status endorsement must be set forth on an ISO form CG 20 10 (or equivalent). A
STATEMENT OF ADDITIONAL INSURED STATUS ON THE ACORD
INSURANCE CERTIFICATE FORM IS INSUFFICIENT AND WILL BE
REJECTED AS PROOF OF MEETING THIS REQUIREMENT; and
ii. Coverage afforded on behalf of the City, Councilmembers, directors, officers, agents, employees and volunteers shall be primary insurance.
Any other insurance available to the City Councilmembers, directors, officers, agents, employees and volunteers under any other policies shall be excess insurance (over the insurance required by this Agreement); and iii. Cancellation Notice: Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Oakland; and
iv. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Vendor, its employees, agents and subcontractors; and
v.
vi. Insurer shall carry insurance from admitted companies with a n A.M. Best Rating of A VII, or better.
c. Lapse of Coverage
In the case of expiration or failure to provide any of the insurance provisions required as detailed in this Schedule, the City may, at the City's option, rescind the issued Mobile Food Vending permit.
d. Insurance Interpretation
All endorsements, certificates, forms, coverage and limits of liability referred to herein shall have the meaning given such terms by the Insurance Services Office as of the date of this Agreement.
e. Proof of Insurance
Prior to issuance of the Mobile Food Vending permit, Vendor will be required to provide a certificate of liability insurance and endorsements as stated herein as proof of meeting the insurance requirements for the permit. Failure to provide the Certificate holder is to be: City of Oakland, Special Activity Permits Division within the City Administrator’s Office; and
Schedule
Q - Mobile Food Sidewalk Vendors INSURANCE REQUIREMENTS Page 3 Revised 09/03/19
insurance proof requested or failure to do so in a timely manner shall constitute ground for rescission of the issued permit.
f. Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductible or self-insured retentions as respects the City, its Councilmembers, directors, officers, agents, employees and volunteers; or the Vendor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. g. Waiver of Subrogation
Vendor waives all rights against the City of Oakland and its Councilmembers, officers, directors, employees and volunteers for recovery of damages to the extent these damages are covered by the forms of insurance coverage required above.
h. Evaluation of Adequacy of Coverage
The City of Oakland maintains the right to modify, delete, alter or change these requirements, with reasonable notice, upon not less than ninety (90) days prior written notice.
i. Higher Limits of Insurance
If the Vendor maintains higher limits than the minimums shown above, The City shall be entitled to coverage for the higher limits maintained by the Vendor.
ABRD
®
CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DDNYYY)
01/07/20XX
�
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
NAME:
rA�gN
J0 Exll: I rtttNo):
E-MAIL
ADDRESS:
INSURER($) AFFORDING COVERAGE NAIC#
PRODUCER
Insurance broker name and
address
CA 94104 INSURER A: Insurance company names go here
INSURED INSURER B: 11000
INSURER C:
INSURER D:
INSURER E:
Insured person's name and address
CA 94607 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL2162929989 REVISION NUMBER :
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDNYYY)
X COMMERCIAL GENERAL LIABILITY
-'.::J CLAIMS-MADE [81 OCCUR --
A Policy number here 07/01/20 XX 07/01/20XX -
GEN'LAGGREGATE LIMIT APPLIES PER:
�
POLICY □ m?r □ LOG
OTHER:
AUTOMOBILE LIABILITY
-
ANY AUTO
OWNED -
SCHEDULED A AUTOS ONLY AUTOS
2S
HIRED
2S
NON-OWNED
AUTOS ONLY AUTOS ONLY
X UMBRELLA LIAB
�
OCCUR -
A EXCESS LIAB CLAIMS-MADE
DED I XI RETENTION $ 10,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
B ANY PROPRIETOR/PARTNER/EXECUTIVE
□ Policy number here 05/31/20xx 05/31/20XX OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS IJelow
A
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
EACH OCCURRENCE
Uf\lVll\'-'C: l;Y E"C:"IC:U
PREMISES Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
fE�������t\
SINGLE LIMIT
BODILY INJURY (Per per son)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
x1mTUTE I I OTH-
ER
E.L. EACH ACCIDENT
E.L. D ISEASE - EA EMPLOYEE
E.L. c:SEP.SE - P::JLICY LIMIT
Each claim
Aggregate
City of Oakland, its councilmembers, directors, officers, agents, employees and volunteers are all included as additional insured as per the attached endorsement - a waiver of subrogation endorsement is attached for the workers compensation policy
CERTIFICATE HOLDER CANCELLATION
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1,000,000
500,000
20,000
1,000,000
2,000,000
1,000,000
1,000,000
1,000,00 0
1,000,000
1,000,000
1,000,000
1,000,000
$1,000,000
$1,000,000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
�, .. .___ &.J,..--
City of Oakland
Special Activty Permits
1 Frank Ogawa PL - 1st FL
Oakland CA 94612
I
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD (IF YOU HAVE EMPLOYEES)
SAMPLE ACORD CERTIFICATE OF INSURANCE
For Street Closure: See Page 1 for Certificate Holder Information For Mobile Vendors: See below
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – DESIGNATED
PE
RSON OR ORGANIZATION
CG 20 26 12 19Na med Insured: .
Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.
Name Of Additional Insured Person(s) Or Organization(s):
SCHEDULE
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
in
surance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
A. B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012