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ORDINANCE NO. 2529
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
AMENDING CHAPTER 5.54, "STREET AND
SIDEWALK VENDORS," OF THE MERCED
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MERCED DOES
ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT TO CODE. Section 5.54,
"Street and Sidewalk Vendors" of the Merced Municipal Code is hereby amended to read as follows:
"Chapter 5.54
STREET AND SIDEWALK VENDORS
Sections:
5.54.010 Definitions.
5.54.020 Permit Required.
5.54.030 Application for Permit.
5.54.040 Insurance.
5.54.050 Hold Harmless Agreement
5.54.060 Public Property Use Fee.
5.54.070 Business License Tax.
5.54.080 Designated Location - Sidewalk Vendors.
5.54.090 Stopping and Parking - Street Vendors.
5.54,100 Hours of Operation.
5.54.110 Shouting Wares.
5.54.120 Sidewalk Vendor Carts.
5.54.130 Temporary Relocation.
5.54.140 Exemptions.
5.54.150 Revocation of Permit.
5.54.160 Appeal.
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5.54.010 Definitions.
For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them:
A. 'Sidewalk vendor' means every person engaged in
the business of selling goods, merchandise, food or drink on any sidewalk, parkway, public parking lot, park,
pedestrian path or square in the City. A sidewalk vendor is one who uses a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized
conveyance, or from one's person, upon a sidewalk or
other pedestrian path. A roaming sidewalk vendor means
a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
B. "Street vendor' means every person engaged in the
business of selling goods, merchandise, food or drink on any street or alley in the City.
5.54.020 Permit Required.
It is unlawful for any street vendor or sidewalk
vendor to operate in the City without having first
obtained a permit to do so from the City Manager or
his/her designee. Permits shall be issued if all the
requirements of this Chapter are met and the City
Manager or her/his designee finds that granting such
permit will not unduly interfere with the rights of the public or significantly contribute to traffic or other safety hazards.
B. All permits shall expire on December 31st of each
year. Permits may be renewed on an annual basis.
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5.54.030 Application for Permit.
Applications for permits shall be submitted to the City Manager. Every application shall contain the following
information:
A. The name, address, social security number or
California driver's license number or identification
number, or an individual taxpayer identification number that will be kept confidential, and date of birth of every owner and employee of the business. This information
must be kept current.
B. The number, type, and description of vehicles,
wagons or carts to be used, their desired locations (if they are to remain in one location), and whether the permit is for a street vendor or sidewalk vendor.
C. In addition, every street vendor and sidewalk
vendor must comply with the application requirements
contained in Sections 5.08.830 through 5.08.890.
Violation of the sidewalk vending program
regulations and other necessary
requirements may result in a warning for the
first violation.
May result in a one hundred dollar ($100)
fine for the second violation within one year
of the first violation.
A two hundred dollar ($200) fine for the
third violation, within one year of the first
violation.
A five hundred dollar ($500) fine or the
permit may be rescinded for a fourth, or
subsequent, violation, within a year.
3 X:1Ordinances\2021\Planning|Chapter 5.54 Re Sidewalk Vendors.docx D. Vending without a sidewalk vending permit may
be punishable by the following in lieu of the
administrative fines set forth in paragraph (C):
An administrative fine not exceeding two
hundred fifty dollars ($250) for the first
violation.
An administrative fine not exceeding five
hundred dollars ($500) for the second
violation within one year of the first
violation.
An administrative fine not exceeding one
thousand dollars ($1,000) for each additional
violation within one year of the first
violation.
E. Upon proof of a valid permit issued by the local
authority, the administrative fines set forth in this
paragraph shall be reduced to the administrative fines set forth in paragraph (C), respectively.
F. Failure to pay an administrative fine pursuant to
subdivision (a) shall not be punishable as an infraction or misdemeanor.
A person subject to a fine for violating this
Section is entitled to an ability-to-pay
determination and shall be provided with
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 judgement
remains unpaid, including when a case is
delinquent or has been referred to a
comprehensive collection program.
2. For a person who meets the criteria
described in subdivision (a) or (b) of Section
4 X:1Ordinances\2021\Planning|Chapter 5.54 Re Sidewalk Vendors.docx 68632, (receiving government assistance or
having a low income as defined in the
Section) the City shall accept, twenty
percent (20%) of the administrative fine
imposed.
The City may allow the person to complete
community service in lieu of paying the total
administrative fine, may waive the
administrative fine, or may offer an
alternative disposition.
5.54.040 Insurance.
Every street vendor and sidewalk vendor operation shall be required to furnish the City with a certificate of
insurance with coverage of five hundred thousand dollars ($500,000) for property damage and five hundred
thousand dollars ($500,000) for liability or a minimum
combined single limit coverage of five hundred thousand dollars ($500,000) naming the City, its officers, agents and employees as additional insured. The certificate
shall provide that thirty (30) days written notice of
cancellation will be given to the City.
5.54.050 Hold Harmless Agreement.
Every street vendor and sidewalk vendor shall resign an agreement to indemnify and hold harmless the City, its
officers, agents and employees from any and all liability, costs, damages, or injuries to persons or damage to
property which may arise out of or in any way be
connected with the business.
5.54.060 Public Property Use Fee.
For the privilege of using public property for a
commercial enterprise, an annual public property use fee shall be paid in advance, in the sum of fifty dollars
($50.00) per vehicle, wagon, cart or location.
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5.54.070 Business License Tax.
For the business of conducting or carrying on a street vendor or sidewalk vendor operation, the license tax shall be based upon average gross receipts as specified in Section 5.08.020.
5.54.080 Designated Location-Sidewalk Vendors.
A. A sidewalk vendor operation shall not be conducted in such a manner as to obstruct the free passage of any sidewalk nor shall it obstruct the free passage into or from any business, office or other establishment.
B. Public safety shall be the principal factor considered when determining allowable locations. In addition, a
designated location shall not be:
Within ten (10) feet of a perpendicular line
drawn from the curb to a doorway or entry
opening of a building;
Within twenty (20) feet of any driveway;
Within twenty (20) feet of any crosswalk;
Within twenty (20) feet of the intersection of
property lines of property at a street corner;
Within twenty (20) feet of an alley approach;
So that fire hydrants, fire department inlet
connections or fire protection system control
valves, and fire department access lanes are
obstructed;
Within any residentially zoned district (unless
within a park), if they are stationary, however,
roaming sidewalk vendors are permitted.
C. No wagon or cart shall remain in its designated
location overnight.
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5.54.090 Stopping and Parking -Street Vendors.
A. Street vendors may use any street or alley in the City so long as they stop or park only next to the curb in a permitted parking space for a period of time not to exceed sixty (60) minutes at any one place.
B. Notwithstanding subsection A of this Section, street vendors shall not stop or park adjacent to any school between the hours of eight a.m. and four p.m. on any school day; or adjacent to any church on Sunday prior to twelve noon; or adjacent to any hospital; or adjacent to any park during the time of operation of any concessionaire under contract with the City.
5.54.100 Hours of Operation.
Street vendors and sidewalk vendors shall only operate
between the hours of ten a.m. and eight p.m. daily in
residential zones.
5.54.110 Shouting Wares.
Sidewalk vendors shall not shout or call out their wares, nor ing bells, play music or produce any forms of electronic o nechanical sounds to attract customers
5.54.120 Sidewalk Vendor Carts.
Sidewalk vendor carts shall not be wider than five (5) feet nor longer than ten (10) feet. Any power used shall be contained wholly within the cart. A trash receptacle shall be provided and the vendor shall keep the area around the cart free of all garbage, litter and trash.
5.54.130 Temporary Relocation.
The City reserves the right to temporarily relocate or modify a designated location of a sidewalk vendor to the extent 7 X:\Ordinances|2021\Planning|Chapter 5.54 Re Sidewalk Vendors.docx necessary for any City-sponsored event or for any health and safety reasons.
5.54.140 Exemptions.
Except for Sections 5.54.050 and 5.54.080(A), this Chapter shall not apply to the following:
A. Persons who have a fixed place of business on private property who conduct a sale on public property not more than six days per year.
B. Persons who have obtained an exclusive use permit for a park or portion thereof pursuant to Chapter 14.08 of this Code.
C. Nonprofit, charitable organizations which conduct a sale on public property not more than six (6) days per year.
D. Persons who have concession agreements with the City.
E. Persons who conduct a sale on public property at an
event that is sponsored by the City.
F. Organizations conducting sales on public property for the purpose of raising funds to be donated to the City.
5.54.150 Revocation of Permit.
A. Violation of any provision of this Chapter, or of any federal, state, county or local health regulation shall be grounds for revocation of the permit upon the fourth violation or subsequent violation. Also, a permit may be revoked if not used during a period of sixty (60) consecutive days. In addition, any conduct of a street vendor or sidewalk vendor which is a threat to public health and safety shall be grounds for immediate revocation of the permit.
B. Notice of a revocation hearing before the City Manager shall be given to the street vendor or sidewalk vendor by mail 8 X:\Ordinances|2021\Planning|Chapter 5.54 Re Sidewalk Vendors.docx at least five (5) days before the date of the hearing. At the hearing, the street vendor or sidewalk vendor may show
cause why such permit should not be revoked. The City
Manager shall mail her/his determination on the revocation to the street vendor or sidewalk vendor within five (5) days after the hearing.
5.54.160 Appeal.
Any decision by the City Manager to issue, revoke or deny a permit may be appealed to the City Council by filing a
written appeal with the City Manager within ten (10) days of the mailing of the City Manager's decision. The City Council shall hear the appeal at the next regularly scheduled meeting provided that the appeal is received at least seven (7) days before the meeting date. The City Council's decision shall be final."
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 3. SEVERABILITY. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. PUBLICATION. The City Clerk is directed to cause a summary of this Ordinance to be published in the official newspaper at least once within fifteen (15) days after its adoption showing the vote thereon. 111
111
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The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Merced on the 2nd day of_August, 2021, and was passed and adopted at a regular meeting of said City Council held on the 16th day of August _, 2021, by the following called vote:
AYES: 7 Council Members: BLAKE, BOYLE, ECHEVARRIA, ORNELAS,
PEREZ, SERRATTO, SHELTON
NOES: 0 Council Members: NONE
ABSTAIN: 0 Council Members: NONE
ABSENT: 0 Council Members: NONE
APPROVED:
Mast Serita
Mayor
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:
(SEAL)
889
APPROVED AS TO FORM: INCORATED ARELY
Kinbul Madagag Date 7/1/21
City Attorney
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