City of Placentia
Sidewalk Vending Regulations
October 24, 2023
Current Lack of Regulations
• City currently does not regulate sidewalk vendors.
• Only requirement is a business license.
• Therefore, currently there is:
• No requirement to obtain a County Health Department permit before obtaining a business license.
• No regulations designed to protect the health, safety and welfare of residents/pedestrians who purchase from these vendors.
• No process to revoke permit if vendor poses a threat to health/safety. • No time or location restrictions on where vendors can sell.
CA State Laws Affecting Regulation
Background
• Prior to January 1, 2019, cities were free to prohibit sidewalk vendors. • Many cities banned them outright.
• Starting in 2018, state took action to preempt cities' ability to regulate sidewalk vendors. SB 946 was effective Jan. 2019; SB 972 was effective Jan. 2023. • Under the new laws, cities are prohibited from regulating sidewalk vendors, unless the city adopts an ordinance consistent with state law. • Cities are still allowed to regulate, but only where the regulation is reasonably designed to protect the public health, safety or welfare.
What is a Sidewalk Vendor?
• A person/business who sells food or merchandise from:
• a stand
• a display
• a showcase
• a rack
• an approved transport (pedal -driven cart, push cart, or wagon) • another non -motorized transport
• one's person
• Located upon a public sidewalk or other pedestrian path.
Categories of Sidewalk Vendors
• Stationary Vendor: Selling food in a fixed location without assistance from a transport.
• Roaming Sidewalk Vendors: A sidewalk vendor who moves from place -to - place and stops only to complete a transaction.
• Regulations are different for each category. Stationary vendors are prohibited in certain locations, whereas roaming vendors may be allowed in those same areas.
Primary Concerns for Cities?
The three primary concerns for cities in having to allow sidewalk vending, is that it could:
1. Interfere with safe sidewalk access for pedestrians and disabled persons (ADA issues).
2. Create trash and rodent problems; and
3. Create unfair competition for traditional restaurants and stores, many of whom have made large financial investments to
develop long-term businesses in the city.
Proposed Ordinance
• Staff has prepared a draft ordinance for consideration. • If approved, the proposed ordinance:
1. Adopts reasonable regulations consistent with state law.
2. Ensures the regulations are tied to objective health, safety and welfare concerns, as required by state law.
3. Carefully considers the Placentia environment, the prevalence and type of existing sidewalk vending, and the implication of possible future expansion of sidewalk vending.
Proposed Ordinance
As authorized under state law, if adopted, the proposed ordinance would allow city to regulate each of the following:
• Limit the hours of the street vendor's operation.
• Require minimum sanitary standards and conditions.
• Require compliance with ADA & other disability access standards. • Require each business obtain a sidewalk vending permit, a business license, a Cal. Dept. of Tax Seller's Permit, and any other required license. • Require vendors to provide city with certain information about their vending operations, to ensure compliance.
• Require compliance with other generally applicable laws.
Comparison to Other Cities
• The city's proposed regulations are comparable to neighboring cities. • Staff reviewed ordinances of a number of cities, including:
Dana Point, Fullerton, Brea, Pasadena, Huntington Beach, Garden Grove, Costa Mesa, Buena Park, Laguna Beach, Fountain Valley, Seal Beach, Los Alamitos, Stanton, Irvine, Westminster and Santa Ana.
• Most of these cities restrict the size of the carts to 4'x4'x4' or smaller. • Most require a 4' or 5' pedestrian sidewalk clearance. • Most prohibit blocking pedestrian movement.
• Most require a trash receptable, and impose a duty to clean up litter. • Most impose distance requirements from schools, churches, daycare, farmer's markets, swap meets, police stations, fire stations, fire hydrants, red curbs, cross walks, bus stops, entrances to buildings, entrances to on -ramps, traffic signals, utility boxes, driveways, bike racks, intersections and ATMs. • Some, but not all prohibited dining tables and chairs.
Penalties
• Consistent with SB 946 and 972, the penalties imposed on sidewalk vendors are:
o Limited to civil fines.
o Impose strict caps on those fines.
o Contains a mechanism to reduce sidewalk vendor fines to reflect their ability to pay.
Existing Conditions
• Unregulated sidewalk vendors
• Pose risks to public health and
safety in a variety of ways
• Consistent complaints from
residents and business owners
• Code Enforcement has no
authority to cite sidewalk vendors
posing safety hazards or negative
conditions to the community if
they have a Business License
Objectives of Adopting Ordinance
• Creates safer conditions for pedestrians and customers • Gives City Code Enforcement Officers the authority to regulate a growing business type in the City
• Promotes consistency between Placentia and surrounding OC cities • Offers sidewalk vendors consistent guidelines to help operate a safe business and reduce liability
• Provides reasonable guidelines for a state-allowed/mandated business type.
City of Placentia
Mobile Food Truck Regulations
October 24, 2023
Regulation of Food Trucks
• Cal. Vehicle Code Section 22455 authorizes cities to regulate the type of vending and the time, place, and manner of vending from vehicles upon any street.
• Food trucks need to be regulated, because they:
o Impair traffic safety and the safety of pedestrians.
o Contribute to traffic congestion, and therefore impede the orderly movement of pedestrians and vehicular traffic.
• Staff has prepared a draft ordinance, consistent with state law. • Goal is to protect the public health, safety, and welfare of city.
Regulation Categories
As proposed, food trucks would not be allowed to operate on any public street, sidewalk or otherpublicproperty,unless in accordance with the follofollowing:
1. Permit/license requirements
2. Vehicle equipment requirements
3. Health & safety requirements
4. Location, hours of operation, frequency
5. Operation requirements
Regulations
• Permit/License Requirement:
• At all times, operator must display a city business license, vendor's permit, seller permit, and county health permit.
• Vehicle/Equipment Restrictions/Requirements:
• Vehicle must be registered, with weight less than 5,000 pounds. • No amplified sound devices.
• Health & Safety Requirements:
• All foods, beverages, etc. shall be free of contamination. • Any weighing/measuring devices must be inspected and approved by OC Weights and Measures division.
Location, Hours of Operation, Time Limits & Frequency
• Prohibited from residential zones/parks, unless parked adjacent to a park. • Cannot block access to a driveway or restrict movement of other vehicles. • Cannot be located within 200 feet of other food vendor. • Vending limited to public streets, where speed limit less than 35 MPH. • Must have a clear view 200 feet in each direction.
• Must be located at least 60 feet from intersection, and 500 feet from schools. • Vending limited to one hour/location. Truck must be moved at least 100 feet.
Location, Hours of Operation, Time Limits & Frequency
• Prohibited from using handicapped parking spaces.
• Trucks must be parked on asphalt or concrete.
• May not use more than 25% of existing parking spaces. • Frequency: Limited to a maximum of three days/week.
• Hours of operation: May operate between 8:00 a.m. - 6:00 p.m. • Ice cream trucks must have sign: "Warning Children Present."
Private Property Exemption
• As a general rule, food trucks are not allowed on private property, except where:
1. The Truck is providing meals to people living or working on the property, and the period of vending does not exceed one hour; or
2. Food Truck is selling at a community special event, where its presence has been authorized.
Existing Conditions
• Unregulated food trucks
• Pose risks to public safety in a
variety of ways
• Code Enforcement has no
authority to cite food trucks
posing safety hazards or negative
conditions to the community if
they have a Business License
Objectives of Adopting Ordinance
• Creates safer conditions for pedestrians and customers • Gives City Code Enforcement Officers the authority to regulate a prevalent business type in the City
• Offers food truck owners consistent guidelines to help operate a safe business and limit liability
CITY
CART SIZE
PEDESTRIAN
CLEARANCE
NO TABLES
CHAIRS
NOT TOUCH
BUILDING
TRASH
RECEPTABLE
AND CLEANUP
DISTANCE
SCHOOL/CHURCH,
CHILDCARE, SPECIAL
EVENT, FARMERS MARKET,
SWAP MEET
ANOTHER SIDEWALK
VENDOR, POLICE/FIRE
DOING DUTY,
INTERSECTION
FIREHYDRANT, RED CURB, ATM,
DRIVEWAY ALLEY, ENTRANCE TO
BUILDING, TRASH CAN, BUS
STOP, RESTROOM
PROHIBITED
HOURS OF
OPERATION
BLOCKING
PEDESTRIANS
M'1'IMIIIiIII IU■N iZ
DANA POINT
FULLERTON
BREA
4X4
3X3X3
4'
4'
x
X
X
X
200 FEET
200'
100 FEET
50'
25 FEET
25'
10 P.M. TO 7 A.M. X
10 P.M. TO 7 A.M. X
SIZE OF CART MAY 4'
NOT IMPEDE
PEDESTRAIN
MOVEMENT
X
X
500 -1,000 FEET
7P.M.TO8AM X
••
4X4X6; SHADE DEVICE
7'
IX4X4
.X4X4 WITH 7'
CANOPY
4X4X4
3X3X3
5' (MINIMUM
10' WIDTH
SIDEWALK
4'
4'
4'
X
X
X
X
X
X
X
X
X
X
200' OF CIVIC CENTER, POLICE, 50'
FIRE OR SCHOOL; 500 FEET OF
FARMERS MARKET
IMMEDIATE VICINITY OF SPECIAL
EVENTS, SWAP MEET, FARMERS
MARKET, 100 FEET OF SCHOOL OR
CHURCH
100' OF ANOTHER VENDOR
VICINITY OF FARMERS MARKET, 100' OF ANOTHER VENDOR,
SWAP MEET ETC. 200' OF SCHOOL, INTERSECTION OFFICER
CHURCH, DAYCARE DOING DUTY
VICINITY OF FARMER MARKET,
SWAP MEET OR SPECIAL EVENTS
200' POLICE STATION, FIRE
STATION, RIGHT OF WAY
CONSTRUCTION ZONE,
SCHOOL, CHURCH OR CHILD
CARE
300' FARMER MARKET, SPECIAL
EVENT FILMING PARADES,
CONCERTS, CITY HALL, SCHOOL,
CHURCH
VICINITY OF SPECIAL EVENT, 50' OF ANOTHER VENDOR,
100' OF SCHOOL, CHURCH,
DAY CARE FACILITY; 200' OF
POLICE STATION, FIRE
STATION, LIFEGUARD TOWER
10' TO 50'
15' CROSSWALK, 5' TRAFFIC SIGNAL, 3'
UTILITY METER, 20' INTERSECTION, 10'
DRIVEWAY, 25' BUS STIP, 3' OF SIDEWALK
DINING AREA, 20' OF HYDRANT, RED
CURB, ATM,
TRASH RECEPTACLE
25' OF HYDRANT, CURB, ATM, DRIVEWAY,
ALLEY TRASH CAN, BIKE RACK, BUS STOP,
RESTROOM
50' OF OFF -RAMP, 5' OF CROSSWALK, FIRE
HYDRANT, CALL BOX, BUS STOP, BUS
ZONE, DRIVEWAY, 18" CURB,
100' INTERSECTION, PICNIC AREA,
PLAYGROUND, POLICE OR FIRE
EMERGENCY, 25' OF POOL, RED ZONE,
ATM, DRIVEWAY, ALLEY CATCH BASISN
COMMUNITY CENTER.
10 P.M. TO 8AM X
9P.M.TO7AM
10' OF CROSS WALK, HYDRANT, CALL BOX, X
BUS BENCH, DRIVEWAY, RED CURB, ATM,
ENTRANCE TO BLDG. 5' OF AREA WIT
LAWN, FLOWERS,M SHRUBS, TREETS OR
OUTDOOR DINING.
1' OF CURB, 15' OF ENTRANCE TO BLDG, X
25' OF HYDRANT, RED ZONE, ATM,
DRIVEWAY, TRASH CAN, PUBLIC ART
8 RM. TO 7 AM
6 RM. TO 7 AM
X
10 PM TO 7 AM
10 PM TO 7 AM
Operation Requirements
• Each food truck shall be equipped with a trash receptacle. • Each food truck vendor clean up all trash and litter within twenty-five feet of food truck.
• Food truck must be brought to a complete stop and parked next to the curb in a lawful manner before vending starts.
• Alcohol or cannabis sales prohibited.
• The food truck prohibited from connecting to a source of electricity, water, or sewer where the mobile food truck is operated. • No minor under the age of sixteen shall ride in the food truck except under limited emergency circumstances.
Food Truck Vendor Permit Application
• The applicant's address;
• The name and any aliases;
• The applicant's residence address, license number and telephone number;
• A description of the food or goods to be sold;
• The number of vehicles to be operated or controlled by the applicant. • A detailed description of the food truck;
• The applicant's three-year permit history, including whether such applicant, has ever had any similar permit, revoked and if so, an explanation.
Criteria for Issuing Permit
• Payment of all required fees;
• Application is complete;
• No misrepresentations of fact in the application;
• The applicant has not had a similar permit denied or revoked one year prior to the date of the application;
• The applicant has not been convicted five years prior to his application for a crime of moral turpitude, drug-related crime, the sale, distribution or display of harmful matter; indecent exposure.
Revocation of Permit
• Vendor's permit may be revoked for any of the following reasons:
• False information on application;
• Failure to comply with the food truck regulations;
• Conviction of a violation of any state law, county health department regulation or municipal ordinance;
• Conviction of a violation of any provision of the Food Truck ordinance; • No person whose food truck permit is revoked can apply for a new permit for a period of one year following such revocation.
Exemptions
• The requirements of this chapter shall not apply to:
• Any person delivering any goods by vehicle where such goods have been ordered in advance, such as Amazon, Walmart and Costco.
• Any person vending on public property, where such person has been authorized by the city to do so by a permit, lease, or other agreement.
Impoundment Protocol
• Impounding unlawfully parked vehicles.
• All police officers and parking control officers are authorized to remove all vehicles parked, including Food Trucks upon any street that violate this Chapter, and to store the vehicle.
• Impoundment and seizure of goods Procedure.
• Upon the citation or arrest of any person for violation of this food truck ordinance, the city may seize and impound all perishables and nonperishable goods in the possession of such person.