Section 5.89.020 Definitions.
For purposes of this Chapter, the following definitions apply:
A. “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.
B. “City” means the City of Palm Springs.
C. “Park” means a public park owned by the City.
D. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
E. “Sidewalk vendor or vending” means a person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, o r from one’s person, upon a public sidewalk or other public pedestrian path. “Sidewalk vendor or vending” does not mean a “solicitor,” as that term is defined in PSMC Section 5.48.010.
F. “Stationary sidewalk vendor or vending” means a sidewalk vendor who vends from a fixed location.
G. “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 article.
H. “Temporary Special Event” means an event that is permitted pursuant to Palm Springs Zoning Code Section 94.02.01, or as otherwise permitted and authorized by the City.
Section 5.89.030 Permits Required.
A. All sidewalk vendors shall obtain a business license from the City prior to engaging in any sidewalk vending activities. The following information shall be required:
1. Name, current mailing address, and phone number of the vendor.
2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
3. A description of the merchandise/goods to be offered for sale or exchange, Item 3C - Page 11
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and the days/hours of sales.
4. A copy of the California seller’s permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor.
5. A copy of the valid California Driver’s license issued to the vendor , a copy of the individual taxpayer identification number issued to the vendor or a municipal identification num ber. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.
6. If preparing or selling food, a copy of the County Health Department permit issued to the vendor,
except when the sidewalk vendor has twenty-five (25)
square feet or less of display area from which only prepackaged non- potentially hazardous food and whole uncooked produce will be sold.
7. If the vendor proposes to be a sidewalk vendor, a description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of seventy-two inches ( 72”)
forty-eight inches (48”) of accessible route area, in compliance with the Americans with Disabilities Act.
8. A certification by the vendor that to his or her knowledge and beli ef, the information contained in the application is true.
B. At the time the application or renewal application is filed, the application shall pay the permit processing fee established, and amended from time to time, by separate
resolution of the City Council.
Section 5.89.040 Review of Permit Application; Decision.
A. Upon acceptance of a properly completed and filed sidewalk vendor permit application, the City Manager or designee shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than thirty (30) days of acceptance to approve or deny the application. The City Manager or designee shall provide the applicant with written notice of his or her decision to the address indicated in the application.
B. The City Manager or designee may deny an application for a permit if he or she makes any of the following findings:
1. The applicant has failed to pay the application permit fee.
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2. The applicant has made one or more material misstatements in the application for a permit.
3. The applicant does not have a valid California Driver’s license; or valid individual taxpayer identification number; or a municipal identification number.
4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this Chapter.
5. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.
C. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.
D. If the City Manager or designee approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.
E. Exemptions. A sidewalk vending permit shall not be required for the following activities:
1. The sale of agriculture products on the site where the product is grown.
2. Catering for private parties held exclusively on private property and not open to the general public.
3. Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a Certified Farmers Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
4. First Amendment protected vending.
F. Term of permit. A business license issued pursuant to this Chapter shall automatically expire one (1) year from the date issued, unless an earlier expiration date is noted on the permit.
G. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.
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Section 5.89.050 Stationary Sidewalk Vending Locations and Standards.
A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City, including the G-R- 5, R-1, R-G-A, R-2, R-3, R-4, R-4-VP, and R-MHP zones.
B. Stationary sidewalk vendors may operate in non- residential zones of the City, including mixed use zones, provided they meet the following:
1. The sidewalk vendor is duly licensed and meets all requirements of section
5.89.030; and
2. The sidewalk vendor can set up their vending operation while still leaving a minimum of seventy-two inches (72”) forty-eight inches (48”) of accessible
path of travel, without obstruction, along the public sidewalk or public pathway; and
3. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any
food cart, except when the sidewalk vendor has twenty-five (25) square feet or less of display area from which only prepackaged non- potentially hazardous food and whole uncooked produce will be sold; and
4. Any sidewalk vendor food cart shall possess a current decal sticker posted on the food cart ,
except when the sidewalk vendor has twenty -five (25)
square feet or less of display area from which only prepackaged non- potentially hazardous food and whole uncooked produce will be sold; and
5. If the sidewalk vendor is selling food, all employees shall possess a current food handler’s card, issued by the County; and
6. Sidewalk vending hours shall be conducted only between the hours of 8:00 AM and 9:00 PM 12:00 AM
of every day; and
7. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and
8. The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows; and
9. No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and
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10. No dining tables, chairs, fences, shade structures, or other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors vending activities . Sidewalk vendors may have one umbrella or tent structure, not to exceed sixty-four (64) square feet in area; the umbrella or shade structure shall not encroach into the accessible path of travel.
Sidewalk vendors may have one (1) table or cart for the preparation or display of food; and
11. The vendor may have a maximum of one (1) sign not to exceed sixteen (16) square feet in area, or two (2) signs not to exceed eight (8) square feet in area each. The signage must be affixed to a preparation table, cart, umbrella, or shade structure, and shall not be freestanding; and
12. The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and
13. Any lighting associated with the vending operation shall be downward directed and shall comply with the outdoor lighting requirements listed in Section Palm Springs Zoning Code Chapter 93.21.00.
14. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and
15. Vendors utilizing sound amplifying devices or musical instruments shall be subject to the requirements of Section 11.74.043(f) of the Palm Springs Municipal Code; and
16. No vending shall occur within the immediate vicinity five hundred (500) feet
of a Certified Farmers Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit; and
17. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into the City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the sidewalk vendor; and
18. Due to issues of traffic visibility,
no vending shall occur within a corner cutoff
area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway; and
19. The sidewalk vendor shall not use open flame or charcoal in the preparation Item 3C - Page 15
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of food products while in the public right-of-way, nor shall smoke or noxious fumes be produced in the preparation of food products in the public right - of-way. Sidewalk vendors shall comply with all applicable f ire code requirements in the use of an open flame or charcoal in the preparation of food products. Any smoke or odors produced through the preparation of food products shall be subject to the regulations contained in Palm Springs Municipal Code Section 6.08.020.
Section 5.89.060 Sidewalk Vending in Parks, Certified Farmers Markets.
A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise or in an area occupied by a Certified Farmers Market.
B. Sidewalk vendors may operate in City Parks provided they meet the following:
1. The sidewalk vendor is duly licensed and meets all requirements of section
5.89.030; and
2. Sidewalk vending shall not be permitted within any public park that is less than two (2) acres in area unless otherwise permitted by the City Council ;
and
3. For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of seventy-two inches (72”)
forty-eight inches (48”) of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and
4. The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and
5. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and
6. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any
food cart, except when the sidewalk vendor has twenty-five (25) square feet or less of display area from which only prepackaged non- potentially hazardous food and whole uncooked produce will be sold; and
7. Any sidewalk vendor food cart shall possess a current decal sticker posted on the food cart ,
except when the sidewalk vendor has twenty -five (25)
square feet or less of display area from which only prepackaged non- potentially hazardous food and whole uncooked produce will be sold; and Item 3C - Page 16
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8. The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces, or building windows; and
9. No dining tables, chairs, fences, shade structures, or other site furniture , or
any freestanding signs shall be permitted in conjunction with the vendors vending activities . Sidewalk vendors may have one umbrella or tent structure, not to exceed sixty-four (64) square feet in area; the umbrella or shade structure shall not encroach into the accessible path of travel.
Sidewalk vendors may have one (1) table or cart for the preparation or display of food; and
10. Vendors utilizing sound amplifying devices or musical instruments shall be subject to the requirements of Section 11.74.043(f) of the Palm Springs Municipal Code; and
11. The vendor may have a maximum of one (1) sign not to exceed sixteen (16) square feet in area, or two (2) signs not to exceed eight (8) square feet in area each. The signage must be affixed to a preparation table, cart, umbrella, or shade structure, and shall not be freestanding; and
12. Any lighting associated with the vending operation shall be downward directed and shall comply with the outdoor lighting requirements listed in Section Palm Springs Zoning Code Chapter 93.21.00.
13. No vending shall occur within the immediate vicinity five-hundred feet (500’)
of an event held pursuant to a Temporary Event Permit; and
14. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities.
All discharges shall be contained and properly disposed of by the sidewalk vendor; and
15. Due to issues of traffic visibility,
no vending shall occur within a corner cutoff
area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway.
Section 5.89.070 Roaming Sidewalk Vending.
A. Roaming sidewalk vendors shall meet the following:
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1. The sidewalk vendor is duly licensed and meets all requirements of section
5.89.030; and
2. Sidewalk vending hours for residential zones shall be conducted between the hours of 8:00 AM and 7:00 PM; and
3. Sidewalk vending hours for non- residential zones shall be conducted only between the hours of 8:00 AM and 9:00 PM 12:00 AM
of every day; and
4. The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition; and
5. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and
6. The sidewalk vendor does not conduct sales from a public street.
7. The vendor may have a maximum of one (1) sign not to exceed eight (8) square feet in area; and
8. Vendors utilizing sound amplifying devices or musical instruments shall be subject to the requirements of Section 11.74.043(f) of the Palm Springs Municipal Code; and
9. No vending shall occur within the immediate vicinity five hundred (500) feet of a Certified Farmers Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit; and
10. Due to issues of traffic visibility, no vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway.
Section 5.89.080 Sidewalk Vending Zones.
The City Council may establish sidewalk vending zones by resolution to encourage sidewalk vending activity in areas where impacts to public health, safety and welfare are minimized. In establishing s idewalk vending zones, the City Council may waive certain operational standards, including hours of operation, shade structure limitations, site furniture limitations, and other similar standards provided such waivers are identified in the adopting resolution.
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Section 5.89.090 Suspension; Rescission.
A. A sidewalk vendor permit issued under this Chapter may be suspended or rescinded by the City Manager or designee after four or more violations of this Chapter in accordance with Section 5.89 .100 of this Chapter, at their discretion, for any of the following causes:
1. Fraud or misrepresentation in the course of vending;
2. Fraud or misrepresentation in the application for the permit;
3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.
B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.
C. No person whose street vending permit has been revoked pursuant to this chapter shall be issued a street vending permit for a period of two (2) years from the date revocation becomes final.
Section 5.89.100 Appeals.
In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the City Manager or designee made under the provisions of this Chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision pursuant to PSMC Section 3.68.010.
Section 5.89.110 Penalties.
A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A violation of this Chapter shall by punished by:
1. An administrative fine not exceeding $100 for a first violation.
2. An administrative fine not exceeding $200 for a second violation within one (1) year of the first violation.
3. An administrative fine not exceeding $500 for each additional violation within one (1) year of the first violation.
B. A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (A), set forth above, be punished by:
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1. An administrative fine not exceeding two hundred fifty ($250) dollars for a first violation.
2. An administra tive fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.
C. If an individual is subject to subsection (B), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this Chapter shall be reduced to the administrative fines set forth in subsection (A), respectively.
D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be deposited in the treasury of the City.
E. Failure to pay an administrative fine assessed under this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Chapter shall not be assessed.
F. Any violation of this Chapter shall not be punishabl e as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.
G. When assessing an administrative fine pursuant to this Chapter, the adjudi cator shall take into consideration the person’s ability to pay the fine. The City shall 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.
1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.
2. 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.
H. A person who is currently serving, or who completed, a sentence, or who is subject Item 3C - Page 20
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to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.
I. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations.”
SECTION 3
. Section 5.48.010 of the Palm Springs Municipal Code is hereby amended to rescind and replace the definition of “Solicitor” as follows:
“Solicitor” means any person, whether a resident of the city or not, engaged in solicitation. The term “solicitor” does not include any person carrying, conveying, delivering, or transporting dairy products, newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same, nor does it include a “sidewalk vendor or vending,” as that term is defined in PSMC Section 5.89.020.
SECTION 4
. Rescind and replace Palm Springs Municipal Code Chapter 6.15, “Mobile Food Vending Vehicles,” as follows:
CHAPTER 6.15 MOBILE FOOD VENDING VEHICLES
“6.15.010 Purpose—Intent.
The City Council expressly finds that vehicles in which produce, confections, and food products are prepared, cooked, and/or carried for purposes of retail sale on the public streets pose special dangers to the public health, safety, and welfare of children and residents in the City of Palm Springs. It is the purpose and intent of the City Council, in enacting this, to provide responsible companies and individuals who engage in the operation of Mobile Food Vending Vehicles with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace.
6.15.020 Definitions.
As used in this Chapter:
“Downtown Palm Springs” means the area generally bounded by both sides of Vista Chino on the north, both sides of the alignment of Palm Canyon Drive, Alejo Road, Belardo Road, North Museum Drive, E. Tahquitz Canyon Way, and Belardo Road on the west, both sides of Ramon Road on the south, and both sides of Palm Canyon Drive and Indian Canyon Drive on the east.
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“Food” means items intended primarily for consumption by human beings.
“Mobile Food Vending Vehicle” means any Category 1, 3, 4, or 5 mobile food facility as defined by Riverside County Ordinance No. 580.5, as may be amended from time to time, that is equipped or primarily used for the preparation and retail sale of food on any public street, alley, parking lot, or highway within the City. The inventory of these vehicles need not be necessarily limited to produce, food, or confections.
“Mobile Food Vendor” means any person who:
1. Conducts or permits or causes the operation of Mobile Food Vending Vehicles;
2. Owns, operates, controls, manages, or leases Mobile Food Vending Vehicles; or
3. Contracts with persons to drive and vend from Mobile Food Vending Vehicles.
“Mobile Food Vendor’s permit” means a permit issued by the City Manager authorizing the holder thereof to engage in the business of food vending.
“Operator” means any person who drives, operates or vends from a Mobile Food Vending Vehicle and shall include the driver and assistant on each Mobile Food Vending Vehicle.
“Park” means all grounds, buildings, improvements, and areas dedicated to use by the public for park, recreation, or open space purposes and over which the City has acquired right of use for such purposes. The term “Park” includes sidewalks, trails, and pathways in or around park facilities, park strips, and other grounds of any park.
“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 food trucks.
“Vend” or “vending” means offering food products of any kind for preparation or sale from a Mobile Food Vending Vehicle as defined in this section on a street, alley, highway or a place open to the public within the City and includes the movement or standing of a Mobile Food Vending Vehicle for the purpose of preparing food for retail sale, or searching for, obtaining or soliciting retail sales of products.
6.15.030 Permit—Required.
No person shall operate or cause the operation of a Mobile Food Vending Vehicle in the City without a Mobile F ood Vendor’s permit issued pursuant to the provision of this Chapter and any other license or permit required under any other provision of this code.
Additionally, a mobile food facility permit issued by the county of Riverside and certificates of inspection from the Office of the Fire Marshal, are required for each and every Mobile Food Vending Vehicle before the Mobile Food Vendor’s permit is issued.
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6.15.040 Permit—Term—Renewal.
The term of the Mobile Food Vendor permit, unless sooner suspended or revoked, shall be annual. Upon the expiration of such term, the permittee may renew the permit by paying the renewal fee as is established by resolution of the City Council. If there are substantial changes in the original application, a new application shall be required in conformance with Section 6.15.050.
6.15.050 Application for Mobile Food Vendor Permit—Contents—Required Fee.
A. Any person who desires to obtain a permit to operate or cause the operation of one or more Mobile Food Vending Vehicles shall obtain an application from the City Manager. Prior to submitting such application a nonrefundable fee, as established by resolution of the City Council, shall be paid to the City Manager to defray, in part, the cost of the investigation and report required by this Chapter.
After an application permit has been filed with the City Manager, the City Manager shall cause an investigation to be made by the health officer and chief of police.
Permit issuance fees required under this Chapter shall be in addition to any license, permit or fee required under any other Chapter of this code.
B. Neither the filing of an application for a permit, nor the payment of an application fee, shall authorize the vending from, operation or management of a Mobile Food Vending Vehicle until such permit has been granted or renewed.
C. Each applicant for a permit to conduct business as a Mobile Food Vendor s hall furnish the following information:
1. The present or proposed address from which the business is to be conducted;
2. The full true name under which the business will be conducted;
3. The full true name and any other names used by the applicant;
4. The present residence and business address and telephone numbers of the applicant;
5. A general description of the kinds of merchandise that the Mobile Food Vending Vehicles will vend;
6. The number of vehicles to be owned, operated or controlled by the applicant and the makes, body styles, years, serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle;
7. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of applicant’s vehicles;
8. Insurance in the manner and form required by this Chapter from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the state of California;
9. The full and true names, addresses and telephone numbers of all persons Item 3C - Page 23
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employed or intended to be employed, or with whom the applicant has contracted, leased or intends to contract with as driver operator of the applicant’s vending vehicles, and in addition, their:
a. California driver’s license or other identification commonly accepted in commercial undertakings; and
b. Food worker’s certificate.
10. If the applicant is a corporation, the name shall be stated exactly as set forth in its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors, and each stockholder, owning not less than ten percent of the stock of the corporation, and the address of the corporation itself, if different than the applicant’s place of business. If the applicant is a partnership, the application shall show the name and residence address of each of the partners, including limited partners, and the address of the partnership itself, if different than the applicant’s place of business;
11. All criminal convictions of the principals, operators, drivers, excluding minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature and sentence of each such conviction;
12. The applicant, if other than an individual, shall also furnish the following information:
a. Each business address of the applicant for the three- year period immediately preceding the date of the application and the inclusive dates of each such business,
b. The nature of the business or firm for the three- year period immediately preceding the date of the application, and
c. The permit history of the applicant for the three- year peri od immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation;
13. Such other identification and/or information as the City Manager may require in order to discover the truth of the matters required to be set forth in the application.
6.15.060 Investigation of Application.
The City Manager shall act to approve or deny an application for a Mobile Food Vendor’s permit under this Chapter within a reasonable period of time and in no event shall the City Manager act to approve or deny said permit later than ninety days from the date the application was accepted as complete by the City Manager. Every Mobile Food Vendor permit issued pursuant to this Chapter will terminate at the expiration of one year from the date of its issuance unless sooner suspended or revoked.
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6.15.070 Permit—Issuance.
A. The City Manager shall grant the Mobile Food Vendor’s permit if the City Manager finds that all of the following requirements have been met:
1. The required fees have been paid;
2. The application conforms in all respects to the provisions of this Chapter;
3. The applicant has not knowingly made a material misrepresentation of fact in the application;
4. The applicant has fully cooperated in the investigation of the application;
5. The applicant if an individual; or any of the directors, officers or stockholders holding more than ten percent of the stock of the corporation; or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from a food vending truck or a natural person employed or contracted with to be a driver has not been convicted or pleaded nolo contendere or guilty within five years prior to his or her application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including, but not limited to:
a. the sale of a controlled substance specified in California Health Safety Code Sections 11054 through 11058;
b. the sale, distribution or display of harmful or obscene matter; c. indecent exposure;
d. selling or disposing of lottery tickets;
e. permitted gambling, pool selling or bookmaking; or in the case of applications for an operator’s permit, alcohol or drug- related traffic offenses.
B. The City Manager is specifically authorized to obtain state summary criminal history record information as provided for in Section 11105 of the California Penal Code. Any co mplaint for the above- listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.
6.15.080 Permit—Denial.
A. If the City Manager finds that the requirements set forth in Section 6.15.070 have
not been met, the City Manager shall deny the application for a Mobile Food Vendor’s permit. In the event the application is denied by the City Manager, written notice of such denial shall be given to the applicant specifying the basis for such denial. Notice of denial shall be deemed to have been served if, in fact, it is personally served to the applicant or when deposited in the United States mail with prepaid postage and addressed to the applicant at his or her residence address as set forth in the application.
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by the City Manager, may submit an appeal in writing to the City Clerk within fifteen days of such denial. The City Council may refer the appeal to a hearing officer.
6.15.090 Permit—Revocation.
A. Any vendor permit may be suspended or revoked by the City Manager for any of the following reasons:
1. Falsehood of any information supplied by the permittee upon which issuance of the permit was based;
2. Failure of the permittee to notify the City Manager within two weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based;
3. Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in
Sections 6.15.110 through 6.15.160
inclusive; or
4. Violation by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or munic ipal ordinance while in the course of conducting vending operations from food trucks pursuant to the permit.
B. No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder’s residence address as s et forth on the application for a permit. If an appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the Administrative Appeals Board . The suspension or revocation shall become effective after the timely appeal period has expired. The appeal shall be in writing and filed with the City Clerk within fifteen days of effective date of suspension or revocation.
C. No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
6.15.100 Mobile Food Vending Vehicle Regulations.
A. Each Mobile Food Vending Vehicle shall have a current, valid county of Riverside grade card/decal health inspection sticker affixed to the lower right side of the windshield and a current, valid business license decal affixed as specified in Section 5.04.200 of this code.
B. Each individual who drives, operates or vends from a Mobile Food Vending Vehicle shall have on his or her person a current, valid California driver’s license and a Item 3C - Page 26
Ordinance No. _____
food worker certificate pursuant to Section 6.07.020 of this Code, which he or she shall make available for inspection by law enforcement officials or code compliance officers upon request.
C. Condition/Appearance of Site.
1. The site where a Mobile Food Vending Vehicle is parked shall be maintained in a safe and clean manner at all times.
2. Exterior storage of refuse, equipment or materials associated with the food vending truck is prohibited.
3. The Mobile Food Vending Vehicle shall maintain vehicular and pedestrian circulation and access consistent with all local and state regulations.
4. A ny Mobile Food Vending Vehicle parked out of the public right -of-way to conduct business must have the written consent of the property owner to do so. If such a food vending truck has written permission from the property owner, up to four tall stand-up cocktail-type tables but, no chairs, no fences or other site furniture (permanent or otherwise) shall be permitted.
D. Litter Control.
1. Any Mobile Food Vending Vehicle licensed by the county of Riverside as a Category 4 or Category 5 mobile food facility s hall provide a minimum of two thirty-two-gallon litter receptacles within fifteen feet of the vehicle. The receptacles will serve both employees and customers.
2. The Mobile Food Vending Vehicle vendor shall maintain the subject property and adjacent right-of-way free of litter on and within one hundred feet of the vending site.
3. All refuse shall be removed from the vending site and properly disposed of within thirty minutes of the close of vending for the day at that site.
E. Security.
1. The vendor shall install signage indicating that loitering is not permitted and customers may only remain on the lot for up to thirty minutes after receiving their food.
2. The vendor shall enforce the no-loitering rule.
3. The serving or consumption of alcohol shall be prohibited at vending sites.
F. Toilets and Handwashing Facilities. In order for a Mobile Food Vending Vehicle to remain parked and conducting business in one location longer than one hour two
hours, it must be situated within two hundred feet travel distance of a legally approved and permitted toilet and handwashing facility, or as otherwise approved by the City Manager, to ensure that restroom facilities are available to Mobile Food Vending Vehicle employees. The Mobile Food Vending Vehicle operator must have permission of the property owner to use the toilet and handwashing facility.
G. Mobile Food Vending Vehicles operating as part of a special event permitted by Item 3C - Page 27
Ordinance No. _____
the City Manager shall comport with the permissions and restrictions of the approved permit.
6.15.110 Prohibited Conduct.
A. No person shall vend from a Mobile Food Vending Vehicle which is stopped, parked, or standing
on any public street or parking lot within Downtown Palm Springs in the Palm Canyon Drive public right-of-way between Vista Chino to the north and Ramon Road to the south.
B. No Mobile Food Vending Vehicle shall be permitted in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food products.
C. No person shall vend from a Mobile Food Vending Vehicle which is stopped, parked, or standing on any public street or parking lot when the following apply:
1. When the Mobile Food Vending Vehicle is parked within five hundred (500) feet of the nearest property line of any school serving students 18 years of age or younger,
or any public park unless that school is a college, university, or vocational school that primarily serves students older than eighteen years of age, unless the Mobile Food Vending Vehicle is associated with a certified farmers market that is open at the time that the food vending truck is conducting business;
2. When the Mobile Food Vending Vehicle will visually obstruct entrances to private buildings, driveways, or building windows;
3. When the posted speed limit on the public street, alley or highway is greater than thirty-five
forty (40) miles per hour;
4. When the Mobile Food Vending Vehicle is parked in violation of any other provision of this Code, or the California Vehicle Code
;
5. When any part of the Mobile Food Vending Vehicle is open to prospective customers other than on the side of the vehicle next to the right side of the street, alley or highway;
6. When the Mobile Food Vending Vehicle is not stopped, parked or standing on the right side of the street, alley or highway;
7. When the prospective customer is standing or sitting in another vehicle;
8. When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic.
D. No person shall operate, or cause to be operated, any Mobile Food Vending Vehicle with sound-amplifying equipment in operation per Section 5.92.030 of this code.
E. No person shall back up a Mobile Food Vending Vehicle to make or attempt a sale.
F. No minor shall ride in or on a Mobile Food Vending Vehicle.
Item 3C - Page 28
Ordinance No. _____
G. Such vehicles shall operate only between the hours of 8:00am and 12:00am .
Monday through Sunday as follows:
1. October 1st through April 30th: nine a.m. to five p.m.
2. May 1st through September 30th: nine a.m. to seven p.m.
6.15.120 Insurance Requirements.
A. It is unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any Mobile Food Vending Vehicle in the City unless such person has submitted with his or her application for a permit the required insurance policies outlined in this section, which shall be issued by an insurance company currently authorized by the insurance commissioner to transact business of insurance in the state of California, with an assigned policyholders’ rating of A- (or higher) and financial size category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. Such policies shall conform in all respects to the requirements of this Chapter.
B. The required motor vehicle liability policy shall insure the owner, driver, and any other person using or responsible for the use of any Mobile Food Vending Vehicle with the consent, expressed or implied, of such owner, driver or person, against loss from the liability imposed upon such owner, driver or person by law for injury to, or death of, any person, or damage to property growing out of the maintenance, operation or ownership of any Mobile Food Vending Vehicle in an amount not less than one million dollars combined single limit for each accident, no aggre gate.
Automobile insurance shall be at least as broad as Insurance Service Office Form CA 00 01 covering bodily injury and property damage for all activities of the Mobile Food Vending Vehicle.
C. The permittee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not less than one million dollars per occurrence, two million dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for: (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the permit.
D. The permittee shall maintain workers’ compensation insurance (statutory limits) and employer’s liability insurance (with limits of at least one million dollars). The permittee shall submit to the City Manager, along with the certificate of insurance, a waiver of subrogation endorsement in favor of the City of Palm Springs, its officers, agents, employees and volunteers.
Item 3C - Page 29
Ordinance No. _____
E. The permittee may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, the permittee shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
F. Cancellation, termination, or reduction in coverage of any insurance policy filed with the City pursuant to this Chapter shall be just cause for the City Manager to revoke the license.
G. As a condition of being granted a license pursuant to this Chapter, the permittee shall promise, on an application form provided by the City Manager, to indemnify and hold the City of Palm Springs free and harmless from any and all liability, claims, loss, damages, or expenses, including attorney’s fees and court costs, arising by reason of the death or injury of any person, including the permittee or any person who is an employee or agent of the permittee, or by reason of property damage to or destruction of any property, including property owned by the permittee or any person who is an employee or agent of the permittee.
H. Every insurance policy and every certificate of motor vehicle liability insurance filed within the City pursuant to the provisions of this Chapter shall contain the following endorsements:
1. It is hereby understood and agreed that, notwithstanding expressions consistent with or contrary thereto, each policy is expressly issued to cover a motor vehicle regulated by the provisions of Chapter 10 of the Palm Springs Municipal Code. Each policy shall inure to, and be for the benefit and protection of, anyone who shall sustain any damages or injury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or suffer death, by reason of the operation of the motor vehicle or from the defective condition thereof.
Liability under this policy shall in no manner be abrogated or abated by the death or dissolution of the insured;
2. There is continuing liability up to the full amount of each policy, notwithstanding any action or recovery thereon;
3. No cancellation or reduction in coverage of each policy for any reason Item 3C - Page 30
Ordinance No. _____
whatsoever shall become effective until the expiration of thirty days after written notice of such cancellation or reduction in coverage shall have been given to the City Clerk of the City of Palm Springs. Said period of thirty days to commence running from the date said notice is actually received in the office of the City Clerk;
4. All such policies shall provide, or be endorsed to provide, that the City of Palm Springs and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance under this permit. This provision shall also apply to any excess liability policies;
5. All insurance coverage maintained or procured pursuant to this permit shall be endorsed to waive subrogation against the City of Palm Springs, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow the permittee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Permittee shall waive its own right of recovery against the City of Palm Springs;
6. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
I. The permittee shall give City Manager prompt and timely notice of claims made or suits instituted that arise out of or result from the permittee’s performance under this permit, and that involve or may involve coverage under any of the required liability policies.
J. The permittee shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its services, permittee shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees and the public appropriate to the nature of the work and the conditions under which the work is to be performed.
K. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
L. The permittee acknowledges and agrees that any actual or alleged failure on the part of the City Manager to inform the permittee of noncompliance with any requirement imposes no additional obligations on the City of Palm Springs nor does it waive any rights hereunder.
Item 3C - Page 31
Ordinance No. _____
6.15.130 Inspection of Mobile Food Vending Vehicles.
A. In addition to other equipment required by law, each Mobile Food Vending Vehicle shall be equipped with the following:
1. A convex mirror mounted so that the occupant of the driver’s seat can see the area in front of the truck which is obscured by the vehicle’s hood; and
2. A back-up alarm audible for a distance of at least one hundred feet.
B. In addition to such inspection of the Mobile Food Vending Vehicle as may be required by other agencies, the City’s Fire Marshal shall perform an inspection of each Mobile Food Vending Vehicle before it is put into service within city limits, and annually thereafter, coincident with renewal of the Mobile Food Vendor’s permit. The City’s Fire Marshal shall issue a certificate of inspection to Mobile Food Vending Vehicles compliant with fire safety regulations.
6.15.140 Required Signs and Lettering.
A. There shall be displayed in a conspicuous place on both the front and back of the Mobile Food Vending Vehicle appropriate warning signs or lettering, e.g., for Mobile Food Vending Vehicles permitted by the county of Riverside as Category 3 mobile food facilities (ice cream trucks) “CAUTION CHILDREN.” The lettering shall not be less than six inches in height and lettering shall be in contrast to the color of the background upon which they are placed.
B. There shall be displayed in a conspicuous place on both the right and left side of the Mobile Food Vending Vehicle lettering permanently affixed showing the nature of the company or operator of the Mobile Food Vending Vehicle and the business address and telephone number of the owner or operator. The lettering shall not be less than four inches in height, and shall be in contrast to the color of the background upon which they are placed.
C. No other lettering, numbering, price lists, signs or insignia shall be displayed on the right and left side of the Mobile Food Vending Vehicle so as to interfere with the visibility of the lettering required in subsection B of this Section.
6.15.150 Applicability of Regulations to Existing Businesses.
The provisions of this Chapter shall be applicable to all persons and businesses described in this Chapter whether the activities described in this Chapter were established before or after the effective date of the ordinance enacting this Chapter into law. All such persons and businesses shall have thirty days from said effective date to file a completed application for vendors’ permits with the City Manager.
6.15.160 Nuisance; Violation and Penalty.
Item 3C - Page 32
Ordinance No. _____
A. Any Mobile Food Vending Vehicle operated contrary to the pr ovisions of this Chapter is declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating a Mobile Food Vending Vehicle contrary to the provisions of this Chapter.
B. Every person, whether acting as an individual owner, employee of the owner, operator, or employee of the operator, or whether acting as an agent or independent contractor for the owner, employee, or operator, or acting as a participant or worker in any way directly or indirectly sells or distributes food or beverage from a Mobile Food Vending Vehicle as defined in this Chapter without first obtaining a Mobile Food Vendi ng Vehicle permit from the City Manager, or that otherwise violates any provision of this Chapter, shall be punishable as specified in Sections 1.01.140 and 1.01.150
of this Code.
6.15.170 Exceptions.
The provisions of Section 6.15.110
shall not apply to:
A. Mobile Food Vending Vehicles servicing construction sites.
B. The delivery or sale of pre- ordered goods or services to a private residence or business with the prior consent of the owner, occupant, lessee, or the designee of such persons, including without limitation employees.
C. Food vending on school property with the consent of school authorities.
D. Food vending on private property with the consent of the owner, lessee, or legal occupant of the property and with a valid land use permit and associated fee, if applicable.”
SECTION 5 . Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Palm Springs hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Item 3C - Page 33
Ordinance No. _____
SECTION 6. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment [14 Cal. Code Regs. § 15378(a)]. Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment [14 Cal. Code Regs. § 15061(b)(3)].
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.
GRACE ELENA GARNER
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 3C - Page 34
Ordinance No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 3C - Page 35
ATTACHMENT B
Item 3C - Page 36
9/8/22, 10:41 AM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946 1/6 SHARE THIS:
Date Published: 09/17/2018 09:00 PM
SB-946 Sidewalk vendors. (2017-2018)
Senate Bill No. 946
CHAPTER 459
An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors.
[ Approved by Governor September 17, 2018. Filed with Secretary of State September 17, 2018. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 946, Lara. Sidewalk vendors.
Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street.
This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county.
The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns.
The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority.
The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, as specified, to petition for dismissal of the sentence, fine, or conviction.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Item 3C - Page 37
l?o£~·
/ ~ IVE INFORMATION
9/8/22, 10:41 AM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946 2/6 Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the following:
(1) Sidewalk vending provides important entrepreneurship and economic development opportunities to low- income and immigrant communities.
(2) Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise. (3) Sidewalk vending contributes to a safe and dynamic public space. (4) The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.
(5) The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.
(6) This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk.
(b) It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities.
SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read:
CHAPTER 6.2. Sidewalk Vendors
51036. For purposes of this chapter, the following definitions apply:
(a) “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.
(b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (d) “Local authority” means a chartered or general law city, county, or city and county. 51037. (a) A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039.
(b) Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food. (c) Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter.
51038. (a) A local authority may adopt a program to regulate sidewalk vendors in compliance with this section.
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9/8/22, 10:41 AM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946 3/6 (b) A local authority’s sidewalk vending program shall comply with all of the following standards:
(1) A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of- way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2) (A) A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. (B) Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:
(i) Directly related to objective health, safety, or welfare concerns. (ii) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(iii) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(3) A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise. (4) (A) A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B) Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors. (5) A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, unless the restriction is directly related to objective health, safety, or welfare concerns.
(c) A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:
(1) Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2) Requirements to maintain sanitary conditions.
(3) Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (4) Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts 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 if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order. (5) Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit.
(6) Requiring additional licenses from other state or local agencies to the extent required by law. (7) Requiring compliance with other generally applicable laws. (8) Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following:
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9/8/22, 10:41 AM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946 4/6 (A) The name and current mailing address of the sidewalk vendor. (B) A description of the merchandise offered for sale or exchange. (C) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(D) The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
(E) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(d) Notwithstanding subdivision (b), a local authority may do both of the following:
(1) Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “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. A “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 article.
(2) Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e) For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
51039. (a) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A) An administrative fine not exceeding one hundred dollars ($100) for a first violation. (B) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
(C) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(2) A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
(3) (A) If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. (ii) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
(iii) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.
(B) 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 (1), respectively.
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9/8/22, 10:41 AM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946 5/6 (b) The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.
(c) Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.
(d) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2) Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed.
(e) A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f) (1) When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall 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.
(2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3) The local authority 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. (g) (1) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case. (2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid. (3) Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).
(4) If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition. (5) Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.
(6) Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
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9/8/22, 10:41 AM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946 6/6 The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identification number, individual taxpayer identification number, or municipal identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be confidential, except as provided in this act.
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