ORDINANCE O2023-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING CHAPTER 12.24, SIDEWALK VENDING PROGRAM The City Council of the City of Manteca finds and declares as follows:
WHEREAS, Senate Bill (“SB”) 946 was signed into law on September 17, 2018, and became effective January 1, 2019; and WHEREAS, SB 946 limits the authority of cities and counties to regulate sidewalk vendors, except in accordance with California Government Code Sections 51038 and 51039; and WHEREAS, the City Council finds that the establishment of a sidewalk vending program will benefit the City as a whole by facilitating entrepreneurship and providing economic opportunity for people to support themselves and their families, and by contributing to a diversity of food options and lively streets; and WHEREAS, the City Council finds that the act of vending on sidewalks and other areas of the public right-of-way also creates the potential and likelihood for increased safety hazards, such as, but not limited to, inhibiting the ability of disabled individuals 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 mid-block or stand in roadways to purchase food; causing vehicles to come to a sudden stop; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic; and WHEREAS, the City Council finds that restrictions on sidewalk vending are needed to accommodate vendors and their equipment, while also safe-guarding the flow of pedestrian movement on sidewalks and pedestrian and vehicular movement in the public right-of-way, and ensuring no interference with the performance of police, firefighter, and emergency medical personnel services; and WHEREAS, the City Council finds that the regulation of vendors engaged in the sale of food and food products will help to ensure that sidewalk vendors obtain all necessary permits and comply with applicable sanitation, food preparation, and food handling laws, and thereby will protect the public health and safety against health problems such as food contamination, poor hygienic practices, and the threat of food poisoning; and WHEREAS, the City Council finds that regulations related to the collection and disposal of trash or other debris generated by sidewalk vending are necessary to ensure that such trash or debris is not left, thrown, discarded, or deposited on City streets, sidewalks, pathways, gutters, or storm drains, or upon public or private lots, so that the same might be or become a pollutant; and WHEREAS, the City Council finds that restrictions on sidewalk vending in public parks is necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities, and to prevent an undue concentration of commercial activity that would unreasonably interfere with the scenic and natural character of these parks; and WHEREAS, the City Council adopts this Ordinance under the authority provided in SB 946, and finds that the time, place, and manner regulations and requirements provided herein are directly related to the City’s purpose of protecting of the health, safety, and welfare of its residents, businesses and visitors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MANTECA FINDS AND DECLARES AS FOLLOWS:
SECTION 1: Manteca Municipal Code Chapter 12.24 is hereby amended to read as follows:
Chapter 12.24
SIDEWALK VENDING PROGRAM
Sections:
12.24.005 Purpose.
12.24.010 Definitions.
12.24.020 Permit Required.
12.24.030 Permit Applicability.
12.24.040 Issuance of Permit.
12.24.050 Additional Approval Required for Vending in City Parks.
12.24.060 Operating Conditions.
12.24.070 Prohibited Activities and Locations.
12.24.080 Penalties.
12.24.090. Revocation
12.24.100 Appeals.
12.24.005 Purpose.
The purpose of this Chapter is to establish a sidewalk vendor permitting and regulatory program. The provisions of this Chapter allow the City to encourage small business activities by removing total prohibitions on portable food stands while still permitting regulation and enforcement of sidewalk vending activities to protect the public’s health, safety, and welfare.
12.24.010 Definitions.
For purposes of this chapter, the following definitions apply:
“Cart” means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and includes a stationary cart or a mobile cart as defined in this section. “Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter, or any successor Chapter. “City” means the City of Manteca.
“City Manager” means the City Manager or their designee. “Enforcement Officer” means any sworn peace officer, City Code Enforcement Officer, or City employee or agent with the authority to enforce any provision of this code. “Food” means any item provided in Health and Safety Code Section 113781, or any successor section. “Goods” or “merchandise” means any item that is not food and does not include services. “Health Permit” means a public health permit issued from the County of San Joaquin Department of Environmental Health for sale of food defined in this section. “Hearing Officer” or “administrative hearing officer” means any person appointed by the City Attorney to preside over administrative hearings. “Heating element” means any device used to create heat for food preparation; “Mobile cart” means a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor as defined in this section. “Parkway” means the portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and maintaining street trees. “Pathway” means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian or bicycle travel, other than a sidewalk. “Person” or “persons” means one (1) or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity. “Public property” means all property owned or controlled by the City, including, but not limited to, buildings, alleys, parks, pathways, roadways, streets, parking lots, sidewalks, parkways, biking, walking paths, or other public-rights-of-way. “Roaming sidewalk vendor” shall have the same meaning as defined in Government Code Section 51036, or any successor section. “Sidewalk” means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity. “Sidewalk vending receptacle” or “sidewalk vendor receptacle” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack equipment, buckets, supplies or other non-motorized conveyance used for sidewalk vending activities. “Sidewalk vendor,” “sidewalk vend,” “vendor,” “vend,” or “vending” means a person who sells or distributes or the action of selling or distributing food or merchandise from a pushcart, stand, equipment, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. “Sidewalk vendor” includes “roaming sidewalk vendor” and “stationary sidewalk vendor.” “Sidewalk Vendor Permit” means a permit related to the use of a cart that is issued by the City in accordance with this chapter. “Stationary cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, that is intended to be operated from a fixed location by a stationary sidewalk vendor instead of being moved from place to place, where stops are limited to completing a transaction. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that Chapter, or any successor Chapter.
12.24.020 Permit Required.
No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within the City without first applying for and receiving a permit from the City Police Department under this Chapter.
A written application for a Sidewalk Vendor Permit shall be filed with the City Police Department, on a form provided by the City, and shall contain the following information:
The name, address, and telephone number of the person applying to become a sidewalk vendor, a copy of a valid driver’s license or identification card issued by the State of California; and If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle; and The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle; and The location(s) in the City where the sidewalk vendor intends to operate; and The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s); and Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel and, if stationary, a map with the location designated; and The dimensions of the sidewalk vendor’s sidewalk vending receptacle; and Whether the sidewalk vendor will be selling or distributing food, merchandise, or both; and If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, whether such foods will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element, if any; and If the vendor is selling merchandise, a description of the merchandise to be sold; and A copy of a valid San Joaquin County Department of Environmental Health Permit required for any sidewalk vendors selling food, or proof of applicable exemption; and Proof the person possesses a valid California Department of Tax and Fee Administration Seller’s Permit which notes the City as a location or sublocation, which shall be maintained for the duration of the Sidewalk Vendor Permit; and A certification that, to their knowledge and belief, the information contained within the application is true; and An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding; and Proof of comprehensive liability insurance in an amount not less than one million dollars ($1,000,000). Such insurance shall: (1) name as additional insured the City of Manteca, its employees, agents, officials, and volunteers; and (2) shall contain a waiver of subrogation against City of Manteca, its employees, agents, officials, and volunteers; and (3) shall further provide that the policy shall not terminate or be cancelled without thirty (30) days’ advance written notice to the City of Manteca; and An acknowledgement that the sidewalk vendor will obtain and maintain throughout the duration of any permit issued under this Chapter any insurance required by the City; and An acknowledgement that use of public property is at the sidewalk vendor’s own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities; and An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, State, and Federal laws; and If the sidewalk vendor has operated in the City in the past, proof of prior sales tax payments made to the State and allocated to the City; and Written permission from a private property owner if a sidewalk vendor is going to vend on private property, which includes any encroachment onto private property; and Any other relevant information required by the Chief of Police or his/her designee.
Each application for a Sidewalk Vendor Permit shall be accompanied by a nonrefundable application fee of $100, which shall cover the cost of the City to review and process the application. The application fee may be adjusted by resolution of the City Council.
12.24.030 Permit Applicability.
The application and permit are only applicable to the individual(s) named on the application.
A Sidewalk Vendor Permit shall only permit the operation of one (1) sidewalk vending receptacle at any one time.
12.24.040 Issuance of a Permit.
The Chief of Police or his/her designee may issue a Sidewalk Vending Permit, with appropriate conditions, including but not limited to a review and approval of the City Engineer or the Recreation Department (if necessary), and as provided for herein, if they find based on all of the relevant information that:
The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare; and The conduct of the sidewalk vendor will not unduly interfere with the ingress or egress of commercial properties nor create an unsafe condition for adjacent businesses; and The conduct of the sidewalk vendor will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor; and The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken; and The conduct of such sidewalk vending activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City; and The sidewalk vendor has paid all previous administrative fines and completed any other alternative disposition associated in any way with a previous violation of this Chapter or any other City regulation governing sidewalk vending; and The sidewalk vendor has not had a permit revoked within the past twelve (12) months; and The sidewalk vendor’s application contains all required information; and The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process; and The sidewalk vendor has satisfied all the requirements of this Chapter; and The sidewalk vendor has paid all applicable fees as set by this Chapter and/or City Council resolution; and The sidewalk vendor’s sidewalk vending receptacle and proposed activities conform to the requirements of this Chapter; and The sidewalk vendor has adequate insurance, as determined by the City, to protect the City from liability associated with the sidewalk vendor’s activities. If approved, all insurance policies required for issuance of a Sidewalk Vendor Permit, except workers’ compensation, shall: (1) name as additional insured the City of Manteca, its employees, agents, officials, and volunteers; and (2) shall contain a waiver of subrogation against City of Manteca, its employees, agents, officials, and volunteers; and (3) shall further provide that the policy shall not terminate or be cancelled without thirty (30) days’ advance written notice to the City of Manteca. The sidewalk vendor shall provide a copy of a Certificate of Insurance with required endorsements providing this coverage; and The sidewalk vendor has satisfactorily provided all information requested by the Chief of Police or her/his designee, to consider the vendor’s application.
A Sidewalk Vendor Permit is nontransferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this Chapter.
All permits issued under this Chapter shall last for a period of twelve (12) months, beginning on July 1st, and expiring the following year on June 30th. A Sidewalk Vendor Permit may be renewed for the next 12-month period, provided that all applicable requirements are met and the permit is not currently suspended or has not been revoked within the preceding twelve (12) months. The fee for renewal shall be the same as the application fee for a new Sidewalk Vendor Permit.
12.24.050 Additional Approval Required for Vending in City Parks.
Permit application review and approval by the Recreation Department is required for sidewalk vendors who wish to operate in a City park or other facility within the jurisdiction of the Recreation Department.
No person may vend in a City park or other facility within the jurisdiction of the Recreation Department without first obtaining approval from the Recreation Department.
The director of the Recreation Department, or their designee, may refuse to approve sidewalk vending if:
If granting the parks vending permit would negatively impact objective health, safety, or welfare concerns; or If denial is necessary to ensure the public’s use and enjoyment of natural resources or recreational opportunities; or If denial of the permit is necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park; or If the location of the proposed vending operations has already been approved for another use (including potentially other vending operations) at the time the applicant proposes to vend at the subject location; or If the vending operations are illegal, or the City’s approval of the permit would be contrary to legal requirements imposed on the City.
If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.
The Director of the Recreation Department, or their designee, may attach conditions to a Sidewalk Vendor Permit. All conditions must be: (1) directly related to objective health, safety, welfare concerns, or directly related to legal requirements imposed on the city; or (2) necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; or (3) necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
12.24.060 Operating Conditions.
All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:
Except as otherwise authorized under this Chapter, sidewalk vending shall only take place between the hours of 8:00 AM and 6:00 PM. However, sidewalk vending in nonresidential areas may operate in a manner consistent with other businesses or uses on the same street(s) in those nonresidential areas. The hours and permissions for City property and/or City events shall be established by the City Manager or her/his designee subject to the authority detailed in Government Code section 51038, subdivision (b).
Only roaming sidewalk vendors may operate in residential areas.
Any sidewalk vendor under the age of eighteen (18) years must be accompanied by an adult who possesses a valid Sidewalk Vendor Permit in accordance with section 12.24.020 of this Chapter.
All food and merchandise shall be stored either inside or affixed to the sidewalk vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor receptacle, the overall space taken up by the sidewalk vendor receptacle shall not exceed the size requirements provided in this section.
Sidewalk vendors must clearly display the following on their sidewalk vending receptacle: (1) Sidewalk Vendor Permit; (2) City business license; and (3) if applicable, Health Permit. These permits and license must be affixed to and conspicuously displayed at all times on the sidewalk vending receptacle. If the sidewalk vending receptacle does not reasonably accommodate display of these permits and license, such items must be affixed to and displayed on sidewalk vendor’s person.
All employees staffing a sidewalk vendor receptacle or working as roaming sidewalk vendors shall carry a copy of the Sidewalk Vendor Permit on their person.
Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit business for their sidewalk vending activities.
Sidewalk vendors shall not call out, yell, ring bells or other devices to attract the attention of potential customers.
Sidewalk vendors are not allowed to provide onsite dining, nor provide, allow, or encourage others to provide or utilize tables, chairs, tents, umbrellas, or similar items on public property.
All signage and advertising related in any way to the sidewalk vendor shall be attached to the sidewalk vending receptacle, if any, or the sidewalk vendor’s person.
Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated sign.
Sidewalk vending receptacles shall not be stored on public property and shall be removed from public property when not in active use by a sidewalk vendor.
All sidewalk vendors shall allow any Enforcement Officer to inspect their sidewalk vending receptacle at any time for compliance with any requirements of this Chapter and to ensure the safe operation of any heating elements used to prepare food.
Sidewalk vending receptacles and any attachments thereto shall not exceed a total height of six (6) feet, a total width of six (6) feet, and a total depth of four (4) feet.
No sidewalk vending receptacle shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials.
All sidewalk vendors associated with the sidewalk vending receptacle shall be within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities.
Sidewalk vendors that sell food shall have a Health Permit in their possession at all times they are conducting sidewalk vending activities. If applicable, a sidewalk vendor shall have proof of a Health Permit exemption from County of San Joaquin Department of Environmental Health. And, upon request, sidewalk vendors must show such permit or proof of exemption to any Enforcement Officer or any person to whom they are sidewalk vending in the City.
Sidewalk vendors must show their valid driver’s license or identification card issued by the State of California to any Enforcement Officer upon request.
Sidewalk vendors that sell food shall maintain separate food waste, trash, and recycling bins in or on their sidewalk vending receptacle and shall not empty their waste into public trashcans. The size of the vendor’s trash container shall be considered when assessing the total size limit of a sidewalk vending receptacle. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation.
Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public property.
Sidewalk vendors shall maintain a minimum four-foot clear accessible path free from obstructions, including sidewalk vending receptacles and customer queuing area.
Sidewalk vendors shall comply with the noise provisions, including but not limited to those in MMC sections 9.52.050 and 17.58.050, including but not limited to permit requirements for loudspeakers and amplified devices.
In parks, sidewalk vendors shall not interfere in any way with anyone engaged in a sporting activity or other activity for which a permit has been obtained from the City.
Sidewalk vendors shall ensure that all City-required insurance is in effect prior to conducting any sidewalk vendor activities and maintained for the duration of the permit.
12.24.070 Prohibited Activities and Locations.
Sidewalk vendors shall comply with all operating conditions including those conditions set forth in MMC 12.24.060, or any successor sections.
The City may request the sidewalk vendor remove any sidewalk vending receptacle or cart if it is creating an imminent safety hazard or is placed within a prohibited area as set forth in this Chapter. If the sidewalk vendor refuses to remove the sidewalk vending receptacle or cart, or if left abandoned, the City may immediately remove the sidewalk vending receptacle or cart and dispose of the sidewalk vending receptacle or cart after providing at least a sixty (60) day notice of redemption to the address associated with the licenses identified on the sidewalk vending receptacle or cart, if any, or if left unclaimed for sixty (60) days from the date of removal.
Sidewalk vending receptacles shall not touch, lean against, or be affixed at any time to any building or structure including but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, or traffic barriers.
Sidewalk vendors shall not engage in any of the following activities:
Renting merchandise to customers; or
Displaying merchandise or food that is not available for immediate sale; or Using an open flame on or within any sidewalk vending receptacle; or Using an electrical outlet or power source that is owned by the City or another person other than the sidewalk vendor; or Continuing to offer food or merchandise for sale or distribution, following, or accompanying any person who has been offered food or merchandise after such person has refused an offer and has asked to be left alone or after the person has declined the offer to purchase or receive food or merchandise; or Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale; or Blocking or impeding the path of the person being offered food or merchandise to purchase; or Making any statement, gesture, or other communication which a reasonable person in the situation of the person being offered food or merchandise to purchase or receive would perceive to be a threat and which has a reasonable likelihood to produce in the person a fear that the threat will be carried out; or Touching the person(s) being offered food or merchandise without that person(s)’ consent; or Advertising any product or service that is not related to the food or merchandise being offered for immediate sale or distribution; or Placing sidewalk vending receptacles on private property without filing with the City Police Department the written permission granted by the private property owner, pursuant to 12.24.020 (B)(21); or Placing their sidewalk vending receptacles on any other non-permitted space when engaging in sidewalk vending activities; or Soliciting or conducting business with persons in motor vehicles located on traffic lanes of public streets, highways, or parking lots.
Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:
Bikeways or bike paths; or
Within a marked bus zone; or
Where placement impedes access to or the use of abutting property, including, but not limited to, residences and places of business; or Any public property that does not meet the definition of a sidewalk including, but not limited to, any alley, square, roadway, street, street end, median island, pedestrian island, or parking lot, without prior City approval; or Within a city park or other facility within the jurisdiction of the Recreation Department without prior approval pursuant to 12.24.040; or Within 18 inches of the curb.
Sidewalk vendors shall not engage in sidewalk vending activities within fifteen (15) feet of:
Any fire hydrant, fire call box, fire lane, or other emergency facility; or A marked crosswalk; or
The curb ramp or a curb return of an unmarked crosswalk; or A driveway or driveway apron; or
An entrance or exit to a building, structure, or facility; or An entrance to a bike or shared use path; or
An alley or entrance to a parking lot or parking garage; or An outdoor dining or patio dining area; or
A transit shelter or bench; or
An Automated teller machine (ATM); or
Another sidewalk vendor.
Sidewalk vendors shall not engage in sidewalk vending activities within fifty (50) feet of:
A permitted certified farmers’ market or swap meet during the limited operating hours of that certified farmers’ market or swap meet; or An area designated for a special event permit issued by the City, during the limited duration of the special event, if the City provides the sidewalk vendor any notice, business interruption mitigation, or other rights the City provided to any affected businesses or property owners under the City’s special event permit; or The boundary of a public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball, paddle tennis court, tennis court, soccer field, or other recreational field, facility, or court; or Any public picnic area, outdoor exercise equipment, playground area or playground equipment; or Any public restroom.
Sidewalk vendors shall not engage in sidewalk vending activities within one hundred (100) feet of:
The driveways and entrances to a police station; or
The driveways and entrances to a fire station; or
Any police officer, firefighter, lifeguard, or emergency medical personnel who are actively performing their duties or providing services to the public.
Sidewalk vendors shall not engage in sidewalk vending activities within two hundred and fifty (250) feet of:
Any school between the hours of 7:30 A.M. and 6:00 P.M. on days when the school is in session; or A place of worship while services, ceremonies, or events are in session, or constituents/members are coming to or leaving services, ceremonies, or events; or A large or general child day-care facility, or day camp, while children are present.
Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vending activities:
On any sidewalk or pathway that is not a minimum width of six (6) feet; or On sidewalks or pathways directly adjacent to or within residential areas; or On any city block where there are already two stationary vendors.
12.24.080 Penalties.
Sidewalk vending in violation of this section will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows:
If a sidewalk vendor conducts business without any valid permit, the sidewalk vendor shall be assessed administrative fines in the following amounts:
An administrative fine of two hundred fifty dollars ($250.00) for a first violation.
An administrative fine of five hundred dollars ($500.00) for a second violation within one (1) year of the first violation.
An administrative fine of one thousand dollars ($1,000) for a third violation and each additional violation within one (1) year of the first violation.
Upon proof of a Sidewalk Vendor Permit issued by the City, the City will reduce the amount of the fines to one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation, and five hundred dollars ($500.00) for each violation thereafter.
If a sidewalk vendor violates any portion of this Chapter other than conducting business without a valid permit, the sidewalk vendor shall be assessed administrative fines in the following amounts:
An administrative fine of one hundred dollars ($100.00) for a first violation.
An administrative fine of two hundred dollars ($200.00) for a second violation within one (1) year of the first violation.
An administrative fine of five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.
When assessing an administrative fine, the Hearing Officer shall take into consideration the person’s ability to pay the fine. The City will provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
Administrative fines assessed pursuant to this section may be reduced to twenty percent (20%) of the original fine amount, or may be fulfilled through performing community service in lieu of paying the administrative fine, upon submission of proof of inability to pay at an adjudication hearing if requested by the person, pursuant to Government Code Section 51038, subdivision (f).
12.24.090 Revocation.
The Chief of Police or her/his designee may revoke a permit issued to a sidewalk vendor for any of the following reasons:
The permittee's failure to comply with the provisions of this Chapter; If the permittee makes any false statement or material misrepresentation of fact related to a Sidewalk Vendor Permit application; or If the permittee fails to notify the Chief of Police within five (5) business days of any material changes to the facts provided in a Sidewalk Vendor Permit application subsequent to the issuance of a vending permit; or Upon the fourth violation or subsequent violations within one year of the first violation.
The revocation takes effect upon delivery of the notice of decision to revoke the license and remains in effect unless overturned on appeal.
12.24.100 Appeals.
Administrative citations may be appealed as provided in MMC Sections 1.10.440 through 1.10.510.
Decisions of the Chief of Police or her/his designee to revoke a permit shall be appealed in the following manner:
Appeals may be initiated by the person whose permit was revoked; Appeals shall be initiated within fifteen (15) calendar days of service of notice of the decision to revoke the license; Appeals of decisions shall be made in writing and shall state the factual basis and evidence to substantiate the appeal; All appeals of decisions shall be heard by a Hearing Officer appointed by the City Attorney or her/his designee; A hearing before the Hearing Officer may be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this Chapter. The appellant shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. The City and appellant may mutually agree to waive, modify, or change the date of the proceeding; All appeals of decisions shall be conducted in accordance with the following procedures:
At least ten (10) days prior to the hearing, the appellant shall be provided with copies of the citations, reports and other documents or evidence submitted or relied upon by the Chief of Police or her/his designee; No other discovery is permitted. Formal rules of evidence shall not apply. Appeal hearings are intended to be informal in nature. Each party shall have the opportunity to present evidence in support of his or her case, and to cross-examine witnesses. Irrelevant and unduly repetitious evidence shall be excluded; The failure of the appellant to appear at the hearing shall constitute a failure to exhaust their administrative remedies.
After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing and shall list in the decision the reasons for that decision:
The Hearing Officer may uphold or deny the decision;
The appellant shall be served with a copy of the Hearing Officer’s written decision; and The decision of the Hearing Officer is final.
SECTION 3: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 4: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Manteca, a municipal corporation
MAYOR: __________________________
GARY SINGH
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN SS:
CITY OF MANTECA
I, Cassandra Candini-Tilton, City Clerk of the City of Manteca, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 17th day of October, 2023, and had its second reading and was adopted and passed during the public meeting of the City Council on the 7th day of November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
O2023-XX Page 1 of 1 November 7, 2023
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