RESOLUTION NO. 11443
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE SETTING THE
AMOUNT OF FINES AND FEES RELATING TO
SIDEWALK VENDORS AND SIDEWALK
VENDING PERMITS.
WHEREAS, Senate Bill 946, the California Safe Sidewalk Vending Act (“SB 946”), became effective on January 1, 2019; and
WHEREAS, SB 946 establishes requirements for local regulation of sidewalk vendors; and
WHEREAS, the City seeks to implement sidewalk vending regulations to provide a licensing and permitting process and impose operational requirements for sidewalk vendors in the City to comply with SB 946 and protect the health, safety, and welfare of the community; and
WHEREAS, California Government Code Section s 51039(a)(1) and 51039(a)(3) (A) authorize a city that has adopted an ordinance to regulate sidewalk vendors in compliance with SB 946 to establish specified administrative fines for violation of that ordinance; and
WHEREAS, on March 28, 2023, the City Council introduced Ordinance No 03-23, amending Orange Municipal Code (“OMC”) Chapter 5.54 of Title 5 relating to regulation of sidewalk vendors in compliance with SB 946.
NOW, THEREFORE, IT BE RESOLVED by the City Council of the City of Orange as follows:
1. As provided in California Government Code Sections 51039(a)(1), the following schedule of administrative fines is adopted for a violation of Chapter 5.54 by a sidewalk vendor who has a current and valid Sidewalk Vending Permit issued by the City:
a. An administrative fine not exceeding $100 for a first violation;
b. An administrative fine not exceeding $200 for a second violation within one year of the first violation; and
c. An administrative fine not exceeding $500 for each additional violation within one year of the first violation.
2. As provided in California Government Code Sections 51039(a)(3)(A), the following schedule of administrative fines is adopted for a violation of Chapter 5.54 by any person engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued by the City:
a. An administrative fine not exceeding $250 for a first violation;
2 b. An administrative fine not exceeding $500 for a second violation within one year of the first violation; and
c. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
3. An Application Permit Fee of $400 per vending cart shall be required for an application for a Sidewalk Vending Permit.
4. An Employee Application Permit Fee of $100 per employee shall be required of all person(s) who will be employed by the applicant for a Sidewalk Vending Permit who will work as a stationary or roaming sidewalk vendor.
5. A Sidewalk Vending Permit Change of Information Fee of $100 shall be imposed when any applicant who has been issued a Sidewalk Vender Permit changes any information as provided in the application or Chapter 5.54.
6. This Resolution shall be effective immediately upon the effective date of Ordinance No. 03-23.
ADOPTED this ____ day of ___________________, 2023.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2023, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2023 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange