July 2, 2024
Community Development
DATE: July 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Daniel Chavarria, Director of Public Works
Andrea Miller, Director of Finance
Subject: Sidewalk Vending Fee
FINANCIAL IMPACT: The revenue received from the Sidewalk Vending Special Business Permit Fee will help offset the costs of
administering the program and costs related to
enforcement of the Sidewalk Vending Program.
PREVIOUS COUNCIL
ACTION:
June 25, 2024
STATEMENT OF THE
ISSUE:
On June 25, 2024, the City Council introduced an
Ordinance adding Chapter 7.42 (Sidewalk Vending) to
Article 7 of the Richmond Municipal Code (RMC), which
will add a new form of business permit needed in
connection with Sidewalk Vending operations and new
administrative fines for violations of the City’s Sidewalk Vending Ordinance including fines for operating without requisite permits. The City Council desires to ensure it can properly and effectively serve the public in
processing and issuing the new form of business permit
needed in connection with Sidewalk Vending and wishes
to set reasonable fees for such efforts in compliance with State Law.
RECOMMENDED ACTION:
HOLD a Public Hearing; and ADOPT a Resolution
approving adoption of permit fees for sidewalk vending
and setting administrative fines for violations including vending without a special business permit - Community
Development Department/Public Works
AGENDA
REPORT
July 2, 2024
Department/Finance Department (Daniel Chavarria/Lina
Velasco/Andrea Miller 510-621-1220).
DISCUSSION:
Local authorities may adopt a program to regulate sidewalk vending provided it complies with SB 946, as codified in Government Code section 51036 et seq. SB 946 provides that cities may require sidewalk vendors to obtain special business permits before engaging in operations and makes any violation of a city’s sidewalk vending program punishable only by an administrative fine.
Accordingly, the proposed Resolution sets sidewalk vendor business permits and the related business permit fee amounts and sets administrative fine amounts for violations of the City’s sidewalk vending ordinance generally and for operating without a special business permit. Further, as required by SB 946, the City Ordinance also sets an administrative process to determine one’s ability to pay the administrative fines and related fine hardship waivers.
Specifically, the City has determined that a $103.66 application and renewal fee for the required sidewalk vendor business permit is necessary to recover the costs of providing the service, review, document, facility, or commodity for which such fee or charge is levied or authorized to be levied.
Additionally, in accordance with SB 946, the City sets the following schedule of administrative fine amounts for violations of the City’s sidewalk vending program by sidewalk vendors who have a current and valid sidewalk vending permit:
First Violation Administrative Fine of $100
Second Violation Administrative Fine of $200
Each Additional Violation Within One Year of the First Administrative Fine of $500
Further, in accordance with SB 946, the City sets the following schedule of increased administrative fine amounts for engaging in sidewalk vending operations without obtaining the requisite sidewalk vending business permit:
First Violation Administrative Fine of $250
Second Violation Within One Year of the First Administrative Fine of $500 Each Additional Violation Within One Year of the First Administrative Fine of $1,000
Lastly, it shall be noted that even if the City Council adopted the Ordinance establishing the Sidewalk Vending permit program, including a list of fines for violations, these fines were not incorporated into the Master Fee Schedule. Thus, staff is recommending that the above listed fines be included in the City’s Master Fee schedule.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution