110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/19/2024
ITEM NO: 11
ADDENDUM
DATE: November 18, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Amending the Town Code Chapter 14 Related to “Peddlers and Solicitors” and Replacing Article VII “Pushcarts” with “Sidewalk Vending.”
Ordinance Title: An Ordinance of The Town Council of The Town of Los Gatos Amending Sections 14.40.010, “Definitions,” and 14.40.015, “Nonapplicability,” of Article IV, “Peddlers And Solicitors,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of The Town Code and Replacing Article VII, “Pushcarts,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” with a New Article VII, “Sidewalk Vending” in the Town Code.
REMARKS:
Attachment 6 contains the staff presentation.
Attachments received with the staff report:
1. Senate Bill 946
2. Existing Peddlers and Solicitors Code Section
3. Existing Pushcarts Code Section
4. Redline Showing Proposed Edits to Peddlers and Solicitors Code Section
5. Proposed Ordinance Amending Chapter 14 of the Town Code Related to “Peddlers and Solicitors” and Replacing Article VII, “Pushcarts” with “Sidewalk Vending” Attachment Received with this Addendum:
6. Staff Presentation
This Page Intentionally Left Blank
Sidewalk Vending Ordinance
Town Council Meeting
November 19, 2024
ATTACHMENT 6
BACKGROUND
The Town Code currently regulates peddlers and solicitors and pushcarts.
BACKGROUND
Senate Bill 946 was enacted in 2019 and changes the ways in which public entities can regulate street vendors. SB 946 prohibits the Town from regulating sidewalk vendors except in accordance with Government Code Sections 51038 and
51039.
BACKGROUND
“Sidewalk vendor” defined as: “A person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized
conveyance, or from one’s person upon a public sidewalk or pedestrian path.
What SB 946 Prohibits:
• Requiring the sidewalk vendor to only operate
within specific parts of the public right of way –
except when restriction is directly related to
objective health, safety, or welfare concerns.
• Prohibiting sidewalk vendors from operating in a
public park – but can prohibit stationary sidewalk
vending where the Town already has an
agreement with a third party for exclusive
concessions in the park.
What SB 946 Prohibits (cont.):
• Requiring a sidewalk vendor to obtain the
approval of a non-governmental entity
before selling food or merchandise.
• Restricting sidewalk vendors to operate
only in designated neighborhoods – except
when the restriction is directly related to
objective health, safety, or welfare
concerns.
What SB 946 Allows:
• Regulating time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns.
• Prohibiting stationary (but not roaming) sidewalk vendors in areas that are zoned as exclusively residential.
• Adopting reasonable time, place, and manner restrictions inside public parks if the restrictions are directly related to objective health, safety, or welfare concerns, when
necessary to insure the public’s use and enjoyment of the park.
What SB 946 Allows (cont.):
• Limiting the hours of operation – so long as
consistent with limitations on hours of operation
imposed on other businesses or uses on the same
street.
• Imposing requirements to maintain sanitary
conditions.
• Imposing requirements necessary to ensure
compliance with ADA and other accessibility laws.
What SB 946 Allows (cont.):
• Requiring a permit or business license.
• Requiring the vendor to possess a valid CA
Department of Tax and Fee Administration
Seller’s Permit.
• Requiring additional licenses from other
state or local agencies to the extent
required by law.
What SB 946 Allows (cont.):
• Requiring sidewalk vendors to submit
information regarding their operations, including
a mailing address, description of merchandise,
etc.
• Prohibiting sidewalk vendors from operating
near certified farmers’ markets, swap meets,
and other events subject to a temporary special
permit.
Permissible Features of Vending Restrictions:
1)Requiring a permit.
2)Requiring operations information including
a.Mailing address;
b.Description of merchandise;
c.CA seller’s permit number.
3) Grounds for Denying, Conditioning, or Revoking: Must be directly related to objective health, safety, or welfare concerns.
4) Can require vendors to adhere to specific operational standards and time, place, and manner restrictions so log as directly related to objective health, safety, and welfare concerns, and so long as in compliance with SB 946.
Recommendations from 8/15 Study Session
1) Require that all sidewalk vendors obtain a permit
2) Require that all sidewalk vendors obtain a permit
3) Prohibit sidewalk vending in areas zoned exclusively residential 4) Limit sidewalk vending area to 15 square feet
5) Prohibit pop-up tents
6) Prohibit blocking of entrances to businesses
7) Prohibit limiting line of sight at intersections
8) Regulate vendors in parks (e.g., limit numbers, hours of operation, and require visible locations)
9) Limit hours of operation
Current Regulations
• Town Code Sections 14.40.010 and
following regulate peddlers and solicitors
• Town Code Section 14.70.010 and
following regulate pushcart vendors
Proposed Changes
1)Rescind the existing pushcart ordinance and
replace it with a new sidewalk vending
ordinance
2) Amend the existing peddler and solicitor
ordinance to exclude sidewalk vendors from its
provisions.
QUESTIONS?