1 EXHIBIT A
§ 12.02.001. Definitions.
For the purpose of this chapter, unless the context clearly requires otherwise, the words and phrases used in this chapter shall have the following meanings:
"Business license officer"
means the finance officer of the city or the designee of such finance officer. “Immigration enforcement”
means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.
"Mobile vending"
means the conduct of a business by means of an automobile, truck, automobile tank, cart, wagon, motorcycle or any other vehicle which may be used to transport, sell, collect or deliver goods, wares, merchandise or property of any kind from a vehicle, either as a principal business or in connection with any other business, or in the solicitation of work, labor or services to be performed on the public streets or private places in or from a vehicle. "Mobile vending vehicle"
means a vehicle, as described in this section, used in the conduct of a mobile vending business. "Mobile vendor"
means any person, as defined in this chapter, who: (1) conducts, permits or causes the operation of any type of mobile vending; (2) owns, operates, controls, manages or leases mobile vending vehicles; or (3) contracts with persons to drive and/or vend items from a mobile vending vehicle.
"Person"
means any natural person, firm, partnership, association, corporation or stockholder, and includes, but is not limited to, owners, operators, drivers, lessors and lessees of mobile vending vehicles.
“Personally identifiable information”
means an individual’s name, business name, home address, business address, birthdate, telephone number, business location, California driver’s license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, seller’s permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual. “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. Such nonmotorized conveyances shall not be 2 considered a mobile vending vehicle nor a mobile vendor operation for purposes of this Chapter.
A sidewalk vendor may be either:
1. Stationary — vending from a fixed location; or
2. Roaming — moving from place to place and stopping only to complete a transaction. § 12.02.019. Penalty for mobile vending violation.
A. Any person who violates any mobile vending provision of this chapter, upon conviction thereof shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of Section 1.01.230 of this code.
B. In addition to any other penalty prescribed for a violation of any mobile vending provisions of this chapter, upon a determination by the business license officer that a person has violated any provision hereof, the business license officer shall revoke each and all business licenses which have been issued pursuant to Chapter 5.02 of this code to the person who committed such violation and to the business by whom such person was employed when the violation occurred.
C. In addition to any other penalty prescribed for a violation of any mobile vending provisions of this chapter, such a violation shall constitute grounds for denial of the issuance or renewal of such a business license to the person who committed the violation and to the business by whom such person was employed when the violation occurred.
§ 12.02.020 Street Vendor Protection Act (SB 635).
A. The following provisions are applicable only to street vendors as defined in Section 12.02.001. (Definitions).
B. Except as otherwise required by state or federal law, the City shall not provide voluntary consent to any individual to access, review, or obtain any of the City’s records obtained pursuant to this chapter that include personally identifiable information o f any sidewalk vendor in the jurisdiction without a subpoena or judicial warrant. This paragraph does not prohibit the City from challenging the validity of a subpoena or judicial warrant in a federal district court.
C. The City and its personnel shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any sidewalk vendor obtained pursuant to this chapter that is requested, except pursuant to a subpoena or a valid judicial warrant.
D. The City shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number for the purposes of obtaining a Business License and the nu mber collected shall not be available to the public for inspection, shall be confidential, and shall not be disclosed except as required to administer the permit or licensure program or to comply with a state law or state or federal court order.
E. The City shall not inquire into or collect information about an individual’s immigration or citizenship status or place of birth.
F. The City shall not inquire into or collect information or documentation regarding an individual’s criminal history, and shall not require an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit or valid business license for mobile vending.
G. Any personally identifiable information collected by the City pursuant to this Section shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
H. When enforcing any provision of, or regulation adopted pursuant to, this part regulating a sidewalk vendor, an agency or department of the City shall not do any of the following:
1. Use City moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this chapter.
2. Inquire into an individual’s immigration status.
3 3. Place City personnel under the supervision of an agency conducting immigration enforcement, or employ City personnel deputized under the authority of an agency conducting immigration enforcement.
4. Use an officer or employee of an agency conducting immigration enforcement as an interpreter for City matters, or use City personnel as interpreters for officers or employees of an agency conducting immigration enforcement.
I. When enforcing any provision of this Chapter regulating a sidewalk vendor, an agency or department of a City that has been authorized to make arrests pursuant to Section 836.5 of the Penal Code shall not use City moneys or personnel to investigate, interro gate, detain, detect, or arrest persons for purposes other than those identified in this chapter.
J. A violation of any provision of this Chapter by a sidewalk vendor, mobile vendor or employee of a mobile vendor shall not be punishable as an infraction or misdemeanor, and a mobile vendor or employee of a sidewalk vendor, mobile vendor alleged to have vio lated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.
K. This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from re questing from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
L. A violation of the rules and regulations set forth in this Chapter for Sidewalk Vending is punishable by the following:
1. An administrative fine in the amount of one hundred dollars ($100) for a first violation.
2. An administrative fine in the amount of two hundred dollars ($200) for a second violation within one year of the first violation.
3. An administrative fine in the amount of five hundred dollars ($500) for each additional violation within one year of the first violation.
M.
1. Sidewalk Vendors operating without a valid business license may be punishable by the following in lieu of the administrative fines set forth in Section 12.02.020(K):
a. An administrative fine in the amount of two hundred fifty dollars ($250) for a first violation.
b. An administrative fine in the amount of five hundred dollars ($500) for a second violation within one year of the first violation.
c. An administrative fine in the amount of one thousand dollars ($1,000) for each additional violation within one year of the first violation.
2. Upon proof of a valid permit issued by the City, the administrative fines set forth in this subsection shall be reduced to the administrative fines set forth in Section 12.02.019(A), respectively.
3. When assessing an administrative fine pursuant to Section 12.02.019(A), and Section
12.02.019(B), the adjudicator shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of their 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 wh en a case is delinquent or has been referred to a comprehensive collection program.
4. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the California Government Code, the City shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
N. Nothing in this Chapter shall be construed to impose requirements on sidewalk vendors beyond those permitted by the Street Vendor Protection Act (Government Code §§ 51036–51039).