Title 5 - REGULATION OF BUSINESSES, TRADES AND PROFESSIONS CHAPTER 5.73 SIDEWALK VENDORS
Long Beach, California, Municipal Code Created: 2024-06-10 14:17:07 [EST] (Supp. No. 46, Update 1)
CHAPTER 5.73 SIDEWALK VENDORS
DIVISION I. PURPOSE AND DEFINITIONS
5.73.010 Purpose.
The purpose of this Chapter is to establish a sidewalk vendor regulatory program. The provisions of this Chapter allow the City to encourage entrepreneurship and economic development opportunities to low-income and immigrant communities while protecting the public's health, safety and welfare; the City's natural resources and recreational opportunities; and the natural character of areas zoned as parks. (ORD-24-0002 § 1, 2024)
5.73.020 Definitions.
If a term or phrase is not defined in this Chapter, or elsewhere in this Code, the most common dictionary definition is presumed to be correct. For the purposes of this Chapter, the following terms and phrases shall have the meanings respectively ascribed to them in this Section unless, from the particular context, it clearly appears that some other meaning is intended.
A. "Above ground structure" means any structure permanently affixed to a public sidewalk or other pedestrian path, including, but not limited to, public benches, bicycle racks, fences, fire hydrants, gates, mailboxes, parking meters, sign poles, street lights, traffic signal poles, tree wells, utility boxes, and utility poles.
B. "Beach access point" means those identified in the coastal access inventory prepared and updated pursuant to Section 30531 of the Public Resources Code.
C. "Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code.
D. "Curb" means the edge where a raised sidewalk or other pedestrian path meets a street or other roadway.
E. "City" means the City of Long Beach.
F. "Food" means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
G. "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
H. "Merchandise" means any personal property, other than food, capable of manual delivery, displayed, held, or offered for retail sale by a vendor.
I. "Park" or "area zoned as a park" means any publicly owned natural and open areas for active and passive public use for recreational, cultural and community service activities, including but not limited to, spaces dedicated or designated as parks in Table 35-2 or any successor table or amendments to said table as set forth in Chapter 21.35 of this Code.
Attachment 3
Created: 2024-06-10 14:17:06 [EST]
(Supp. No. 46, Update 1)
J. "Parklet" means a small area open to public use, utilizing one or more on-street parking spaces and may include adjacent public walkways or other right-of-way, that may combine elements including dining, entertainment, seating, planting, landscaping, lighting, shade, bicycle parking, and/or artwork, as permitted pursuant to Chapter 14.15 of this Code.
K. "Parkway" means the area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" also includes any area within a roadway which is not open to vehicular travel. "Parkway" does not include street medians.
L. "Pedestrian path" means a path or walkway, including a sidewalk specifically designed for pedestrian travel. It does not include shared-use paths (e.g., paths designated for both bicycle and pedestrian travel).
M. "Person" means a natural person as well as an entity, company, partnership, corporation, association, organization, or any other legal entity or group, and includes the plural as well as the singular number.
N. "Private property" means any real property, parcel of land, or lot that has a separate certificate of title which is in private ownership or the subject of a lease or agreement with a person enabling its use for private purposes and includes any building or structure thereon. "Private property" includes real property owned by City that is leased to a private person.
O. "Residential" means any area zoned as a residential district in Title 21 of this Code.
P. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, concrete, markings or other delineation for pedestrian travel.
Q. "Sidewalk vending" means selling 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, and all associated activities, including, but not limited to, set up or break down of equipment, and display or exposure of food or merchandise for immediate sale.
R. "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.
1. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
2. "Stationary sidewalk vendor"' means a sidewalk vendor who vends from a fixed location.
S. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article.
T. "Temporary special permit" means a permit issued by the City 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.
(ORD-24-0002 § 1, 2024)
DIVISION II. ADMINISTRATION
Created: 2024-06-10 14:17:06 [EST]
(Supp. No. 46, Update 1)
5.73.030 License and permits required.
A. It is unlawful for any person to engage in, operate, conduct, carry on, or allow to be carried on, or otherwise engage in any sidewalk vending without having first met the following requirements:
1. The person has a valid business license pursuant to Chapter 3.80 of this Code;
2. The person has a valid sidewalk vendor business permit pursuant to the requirements of Title 5 of this Code, including the requirements in this Chapter; and
3. The person has a valid seller's permit applicable to sidewalk vending issued by the California Department of Tax and Fee Administration (CDTFA), to the extent required by law.
B. Additionally, it is unlawful to engage in, operate, conduct, carry on, or allow to be carried on, or otherwise engage in the sidewalk vending of food without also having first obtained a health permit from the City Department of Health and Human Services.
1. Exception: A sidewalk vendor with twenty-five (25) square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked produce is sold is not required to obtain a health permit.
C. Sidewalk vendor business and health permits are non-transferable. Any change in ownership or operation requires new permits.
(ORD-24-0002 § 1, 2024)
5.73.040 Sidewalk vendor business license.
Each sidewalk vendor is subject to and must comply with the provisions of Chapter 3.80 of this Code related to the City's business license tax. Notwithstanding the foregoing, every person who applies for a sidewalk vendor business license/permit within the first year of the effective date of this Chapter 5.73 of this Code shall not be subject to the business license tax imposed by Section 3.80.253 of this Code for the first year of the applicant's operation as a sidewalk vendor.
(ORD-24-0002 § 1, 2024)
5.73.050 Sidewalk vendor business permit - application and fees.
A. Each sidewalk vendor is subject to and must comply with Chapter 5.04 of this Code related to the administration of City business permits.
B. An application for a sidewalk vendor business permit shall be filed in compliance with Chapter 5.04 of this Code, using a form approved by the City for that purpose, and which shall be certified by the applicant that to the best of the applicant's knowledge, the information contained on the form is true. Applications shall contain, at a minimum, the following information:
1. Name and current mailing address of the applicant;
2. Description of the merchandise or food offered for sale;
3. CDTFA seller's permit number, to the extent required by law; and
4. If the applicant is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
Created: 2024-06-10 14:17:06 [EST]
(Supp. No. 46, Update 1)
C. The applicant for a sidewalk vendor business permit is required to produce a social security number or alternative form of identification. Acceptable alternative forms of identification include a California driver's license or identification number, or an individual taxpayer identification number. The collected identification number shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit and licensure program, to comply with a state law, or to comply with state or federal court order.
D. Payment of the sidewalk vendor business license tax shall satisfy the fee for a sidewalk vendor business permit under Section 5.04.040 of this Code.
A sidewalk vendor business permit shall not be issued for sidewalk vending of food unless the vendor first obtains a valid City-issued health permit. Applicants intending to sell food must produce a valid City-issued health permit upon application for a sidewalk vendor business permit. (ORD-24-0002 § 1, 2024)
5.73.060 Sidewalk vendor business permit - investigation.
Every sidewalk vendor shall be subject to inspections to ensure compliance with this Code and any other applicable law.
(ORD-24-0002 § 1, 2024)
5.73.070 Sidewalk vendor business permit - term and renewal.
A sidewalk vendor business permit issued under the provisions of this Chapter shall be effective for a one (1) year period after issuance, and shall be automatically renewed every year upon payment of the required business license tax, provided the Director of Financial Management determines that the permitee has complied with the provisions of this Chapter and all applicable laws during the preceding permit term. (ORD-24-0002 § 1, 2024)
5.73.080 Sidewalk vendor business permit - cancellations, suspensions, revocations, denials, and appeals.
A. The cancellation, suspension, revocation, denial and appeal of a sidewalk vendor business permit shall be governed by the provisions of Chapter 5.06 of this Code.
B. No person shall conduct any sidewalk vending during the pendency of a related business permit application, during the time such a permit has been suspended, or at any time after such a permit has been denied, cancelled, or revoked, unless the permit is later granted or reinstated.
C. In the event the sidewalk vendor license and/or permit is canceled, suspended, denied or revoked, any associated business permit and/or license is simultaneously and automatically deemed canceled, suspended, denied or revoked.
(ORD-24-0002 § 1, 2024)
5.73.090 Health permit for sidewalk vending of food.
Each sidewalk vendor vending food must also obtain a City-issued health permit pursuant to Section 5.04.050 and Title 8 of this Code, and the California Health and Safety Code. Notwithstanding the foregoing, every person Created: 2024-06-10 14:17:06 [EST]
(Supp. No. 46, Update 1)
who applies for or renews a health permit to operate as a sidewalk vendor of food within the first year of the effective date of this Chapter 5.73 of this Code shall not be subject to any City health permit and/or plan check fee for the first year of the applicant's operation as a sidewalk vendor. (ORD-24-0002 § 1, 2024)
5.73.100 Insurance.
A. Every sidewalk vendor shall, as a condition precedent to the operation of sidewalk vending, obtain insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040. Every sidewalk vendor shall file such insurance with the Director of Financial Management.
B. Every sidewalk vendor shall maintain the insurance in full force and effect when conducting sidewalk vending. Failure to maintain such insurance shall be cause for suspension or revocation of a sidewalk vendor business permit.
C. Prior to the issuance or renewal of a sidewalk vendor business permit, each sidewalk vendor shall execute an indemnity agreement on a form provided by the City which provides that, by the acceptance or use of the sidewalk vendor permit, the sidewalk vendor shall indemnify, defend, protect and hold harmless the City, its Boards, Commissions, and their officials, employees, and agents from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, arising or alleged to have arisen, in whole or in part, out of or in connection with the vendor's sidewalk vending (collectively "claims") and that the sidewalk vendor shall notify the City of any claim within ten (10) days.
D. City will comply with the California Values Act, Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code, and City of Long Beach Administrative Regulation 33: Procedures Regarding the Requesting, Collecting, and Maintaining of Sensitive Information and the Enforcement of Federal Immigration Law in relation to the collection of information of sidewalk vendors. (ORD-24-0002 § 1, 2024)
DIVISION III. GENERAL OPERATING CONDITIONS AND LOCATIONS
5.73.110 Sidewalk vending - general operating conditions.
A. All sidewalk vendors must comply with all applicable provisions of the Long Beach Municipal Code, including, but not limited to:
1. Chapter 8.63 - Polystyrene Food Packaging;
2. Chapter 8.80 - Noise;
3. Section 16.08.420 - Disposal of refuse;
4. Section 16.12.260 - Sanitation (Pacific Ocean Areas); and
5. Section 16.16.140. - Park Playgrounds - Adults not accompanying children ages 12 and under prohibited.
B. All sidewalk vendors vending food must comply with and are subject to:
1. Title 8 of this Code; and
2. The California Health and Safety Code.
Created: 2024-06-10 14:17:06 [EST]
(Supp. No. 46, Update 1)
C. Hours of operation. Sidewalk vending may only be conducted during the following hours of operation:
1. Permissible roaming sidewalk vending in residential areas may occur between the hours of 8:00 a.m. and 8:00 p.m., or between 8:00 a.m. and sunset, whichever is later.
2. Permissible sidewalk vending in non-residential areas, excluding areas zoned as parks, may occur between the hours of 6:00 a.m. and 10:00 p.m. or during the operating hours imposed on other businesses on the same block, whichever is least restrictive.
3. Permissible sidewalk vending in areas zoned as parks may occur between the hours of 8:00 a.m. and the closing time of the park or, if there is no designated closing time, at sunset.
4. Notwithstanding the aforementioned operating hours, no sidewalk vendor may vend within one (1) block of any school grounds from Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. of said days.
D. All sidewalk vendors must operate in a space no larger than one hundred (100) square feet.
E. All sidewalk vendors must maintain adequate trash containers in or on their sidewalk vending conveyance or self, such that any trash generated by the sidewalk vending and/or the customers of the sidewalk vendor can be properly collected and disposed of by the sidewalk vendor.
F. All sidewalk vendors must clean up all trash and debris related to their sidewalk vending within a ten (10) foot radius around their vending area. No sidewalk vendor shall use a public trash receptacle to dispose of their trash.
G. All sidewalk vendors shall immediately clean up any food, grease, fluid, or items related to their sidewalk vending that falls onto public or private property.
H. Any set up of tables, chairs, canopies, and/or umbrellas must be for the sole use of the sidewalk vendor. Any umbrella must have a minimum height of eight (8) feet and must be secured. Stationary sidewalk vendors may set up one (1) canopy for the sole use of the sidewalk vendor, not to exceed ten (10) feet by ten (10) feet and must abide by the following: the canopy must be properly secured and must have a cane-detectable barrier between each of the legs of the canopy. If using a canopy, a stationary sidewalk vendor shall maintain a minimum four (4) feet of clear, uncovered sidewalk/pedestrian path width as a path of travel, and five (5) feet in areas identified as High Volume or Very High Volume Pedestrian Zones as designated by the City's Traffic Engineer and Director of Public Works. Sidewalk vendors may not set up tables, chairs, umbrellas or canopies for customer use.
I. All sidewalk vendors must comply with all applicable laws relating to the employment of minors. Any minor assisting with or engaged in sidewalk vending shall be accompanied by a sidewalk vendor with the required valid license and permit(s). Any and all actions of the minor related to sidewalk vending, including any violations committed by the minor, shall be attributable to the sidewalk vendor.
J. All sidewalk vendors must comply with all posted parking restrictions, including when using motorized vehicles to load or unload sidewalk vending conveyances, equipment, materials, or personnel.
K. No sidewalk vendors shall drive onto or otherwise stage any motorized vehicle on any curb, parkway or sidewalk to load or unload sidewalk vending conveyances, equipment, materials or personnel. No sidewalk vendors shall use any motorized vehicle to drive onto sidewalks, pedestrian paths, pathways, turf, or sandy areas.
L. Stationary sidewalk vendors shall not use amplified or non-amplified sound-making devices in conjunction with their sidewalk vending, such as speakers, microphones, public address systems, bells, and chimes.
M. Roaming sidewalk vendors shall not use amplified or non-amplified sound-making devices in conjunction with their sidewalk vending, with the exception of bells and chimes.
Created: 2024-06-10 14:17:06 [EST]
(Supp. No. 46, Update 1)
N. Sidewalk vendors may not use red and blue flashing signs. Any other flashing sign used in sidewalk vending must not be facing a highway or traffic.
O. Sidewalk vendors may use a private property owner's utilities (e.g., water or power) only if the sidewalk vendor has prior authorization from the private property owner and use of the utilities does not present a safety hazard (e.g., tripping hazard) or accessibility challenge.
P. All sidewalk vendors shall not:
1. Leave their sidewalk vending conveyance, equipment, food, and/or merchandise unattended.
2. Store their sidewalk vending conveyance, equipment, food, and/or merchandise on public property.
3. Rent merchandise to customers.
4. Solicit sales by travelling door-to-door on private property.
5. Hang or affix any items to above ground structures, fences, gates, trees, or onto public or private buildings.
6. Display merchandise or food that is not available for immediate sale.
7. Vend food or merchandise that requires verification of a minimum age for purchase, such as alcoholic beverages (as defined in Section 9.02.020 of this Code), tobacco, tobacco products, cannabis, or firearms.
8. Vend any controlled substance, drug, or pharmaceutical.
9. Vend vaping or drug paraphernalia.
10. Vend adult-oriented material.
11. Vend animals.
12. Vend counterfeit, stolen, or illegal goods.
13. Vend weapons, including but not limited to, knives, guns, explosive devices, BB devices, or imitation firearms.
14. Dispose of items or materials onto or into the curbs, gutters, streets, drains, storm drain system, or onto any other public or private property. Items include, but are not limited to, food debris, hot coals, ashes, grease, and any water or rinse residue used for sidewalk vending, such as cooler water, ice, or food preparation water.
15. Adversely affect the City's ability to perform municipal functions or furnish City services.
16. Interfere with the performance of police, firefighter, lifeguard and/or emergency medical personnel services.
17. Obstruct the free and easy access to and departure from any portion of any public landing, pier or wharf within the marinas.
(ORD-24-0002 § 1, 2024)
5.73.120 Sidewalk vending - location requirements.
A. Stationary sidewalk vendors shall maintain a minimum four (4) feet of clear sidewalk/pedestrian path width as a path of travel, and five (5) feet in areas identified as High Volume or Very High Volume Pedestrian Zones as designated by the City's Traffic Engineer and Director of Public Works.
B. Sidewalk vendors shall not vend:
Created: 2024-06-10 14:17:07 [EST]
(Supp. No. 46, Update 1)
1. On any public property that does not meet the definition of a "sidewalk" or "pedestrian pathway," as defined by this Chapter, unless otherwise authorized by this Chapter.
2. On any private property, unless authorized by the owner of the private property and the vendor has secured an administrative use permit. This includes any City-owned property subject to a lease agreement, including, but not limited to, the Long Beach Convention and Entertainment Center, Shoreline Village, the Pike Outlets, Rainbow Harbor Esplanade, Rancho Los Alamitos, Rancho Los Cerritos, municipal golf courses and community gardens.
3. At a protected habitat or mitigation areas, including but not limited to, Colorado Lagoon, DeForest Park and Wetlands, El Dorado Nature Center, Golden Shore Marine Reserve, Jack Dunster Marine Reserve, Los Cerritos Wetlands, Sims Pond, and Willow Springs Park and Wetlands.
4. On any sidewalk or other pedestrian path with a slope greater than five (5) percent or where signage indicates that wheels must be cramped to the curb.
5. In any location where the sidewalk vending obstructs traffic signals or regulatory signs.
6. To any customer in an unparked vehicle, including a vehicle that is stopped in traffic.
7. On any sidewalk, roadway or adjacent shoulder within five hundred (500) feet of a freeway off ramp or on ramp.
8. Within eighteen (18) inches of the edge of a curb.
9. Within five (5) feet of an above ground structure.
10. Within five (5) feet of a bus stop or Metro stop.
11. Within ten (10) feet of a driveway, alley approach or marked crosswalk.
12. Within ten (10) feet of an ATM or outlined shared e-scooter or bike parking.
13. Within fifteen (15) feet of a commercial outdoor dining area, sidewalk dining area, permanent parklet, or location with a valid encroachment permit.
14. Within fifteen (15) feet of a street intersection.
15. Within fifteen (15) feet of a loading zone, ADA curb/ramp/curb cut, parking space, or access ramp designed for individuals with disabilities.
16. Within twenty-five (25) feet of a beach access point.
17. Within fifty (50) feet of a railroad crossing.
18. Within twenty-five (25) feet of a Los Angeles County waterway and/or flood control fencing.
19. Within one hundred (100) feet of the vehicle entrance of any fire station, police department, hospital, lifeguard tower, lifeguard headquarters, or any other emergency response structure or path.
20. Within one hundred (100) feet of a posted sidewalk or street closure, unless otherwise permitted.
C. Stationary sidewalk vendors shall not vend:
1. In areas zoned as exclusively residential.
2. Within twenty (20) feet of any detached or freestanding single-family home located in a mixed-use zone (i.e., area zoned as both residential and commercial).
3. Within ten (10) feet of an entrance or exit to a building/ structure/facility, fire escape, or emergency exit.
Created: 2024-06-10 14:17:07 [EST]
(Supp. No. 46, Update 1)
4. Within fifteen (15) feet of a Fire Department connection, fire hydrant, fire lane or any fire backflow preventer.
5. Within twenty (20) feet of another stationary sidewalk vendor.
D. Roaming sidewalk vendors shall not vend:
1. Where they block the entrance or exit to a building/structure/ facility, fire escape, or emergency exit.
2. Where they block a Fire Department connection, fire hydrant, fire lane or any fire backflow preventer.
E. Sidewalk vendors vending food shall not vend within fifteen (15) feet of a public restroom.
F. Sidewalk vendors may vend in a parkway, so long as the vending only occurs on areas where plants are not present, no damage is done to the parkway landscaping, it is safe to vend in the parkway, and all other requirements under this Chapter are met.
G. For permitted swap meets, permitted certified farmers' markets, and areas designated for a temporary special permit (collectively "events"), the following also applies:
1. For events with less than five thousand (5,000) attendees and where limited venue access/egress is not a factor, sidewalk vendors may not vend within two hundred fifty (250) feet of the event.
2. For events with more than five thousand (5,000) attendees and where limited venue access/egress is not a factor, sidewalk vendors may not vend within five hundred (500) feet of any entrance or exit to the event or within two hundred fifty (250) feet of the perimeter of the event.
3. For all other events, sidewalk vendors may not vend within five hundred (500) feet of the event.
4. The vending restrictions described above in subparagraphs (1) through (3) to paragraph G of this Section, apply as follows:
a. For permitted swap meets or permitted certified farmers' markets: during the limited operating hours of the certified farmer's market or swap meet.
b. For an area designated for a temporary special permit: during the limited duration of the temporary special use permit.
5. For areas designated for a temporary special permit, any notice, business interruption mitigation, or other right provided to affected businesses or property owners under the City's temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable.
H. In areas zoned as parks, the following also applies:
1. Stationary sidewalk vendors are not permitted to operate within five hundred (500) feet of any concessionaire that has signed an agreement for concessions with the City that exclusively permits the sale of food or merchandise by the concessionaire.
2. Sidewalk vendors are not permitted to operate within fifteen (15) feet of any City monument, statue, memorial, or art installation.
3. Stationary sidewalk vendors may vend within the space ten (10) feet off of a pedestrian, bike, or shared use path, measured perpendicular to the path, so long as it is safe to do so, customers do not queue on the path, the vendor is not within five hundred (500) feet of a concessionaire that has signed an agreement with the City that exclusively permits the sale of food or merchandise by the concessionaire, and all other requirements under this Chapter are met.
4. Sidewalk vendors shall not use any motorized vehicle to drive onto pathways, turf or sandy areas.
Created: 2024-06-10 14:17:07 [EST]
(Supp. No. 46, Update 1)
5. Sidewalk vendors shall take appropriate care to not damage turf, irrigation or any other infrastructure while engaging in sidewalk vending.
6. Roaming sidewalk vendors may vend on greenspace or sandy areas, but shall not interfere with any sporting events or the free use of any designated sport play areas or open recreation space and shall not approach spectators who are watching a sporting activity to vend food or merchandise. (ORD-24-0002 § 1, 2024)
5.73.130 Sidewalk vending - exception for minor vendors.
In residential zones only, minors under age of eighteen (18) vending on public sidewalks or other pedestrian paths for a temporary use or selling products for a recognized 501(c)(3) charity for the purpose of fundraising shall be exempt from the requirements of this Chapter. Access and accessibility provisions still apply. (ORD-24-0002 § 1, 2024)
DIVISION IV. ENFORCEMENT AND PENALTIES
5.73.140 Enforcement.
Violations of this Chapter are enforceable using the administrative citation procedures set forth in Chapter
9.65 of this Code. Fines for violations of this Chapter shall be assessed pursuant to Section 5.73.160 below. (ORD-24-0002 § 1, 2024)
5.73.150 Impoundment.
A. Any sidewalk vendor with a valid sidewalk vendor business permit that operates in violation of any provision of this Chapter will first be offered an opportunity to remedy the violation in order to continue vending. If the sidewalk vendor refuses to or cannot come into compliance, an enforcement officer may order the sidewalk vendor to immediately cease and desist any vending and to remove themselves from the vending area. If the sidewalk vendor fails to comply, the sidewalk vendor's equipment, food, and/or merchandise may be impounded or disposed of pursuant to paragraphs B and C of this Section, below.
B. A sidewalk vendor's vending equipment, food and/or merchandise is subject to summary and immediate impoundment if the vendor:
1. is vending prohibited items, as described in Section 5.73.110.N, subparagraphs 7 through 13 of this Code;
2. does not possess a valid sidewalk vendor business permit;
3. leaves sidewalk vending equipment, food, and/or merchandise unattended; or
4. is a permitted sidewalk vendor who cannot or refuses to comply with an enforcement officer's request to come into compliance with the Code, and who refuses to cease vending.
C. Equipment, food and/or merchandise is subject to immediate disposal, rather than impoundment, if the equipment, food and/or merchandise cannot be stored, is perishable, or presents a health or safety concern.
D. For any impoundment under this Section, the person from whom property was taken shall be provided with a receipt and instructions for the retrieval of the property. The receipt and instructions shall either be given Created: 2024-06-10 14:17:07 [EST]
(Supp. No. 46, Update 1)
to the person from whom the property was taken at the time the property is obtained, or mailed, by firstclass mail, to the person from whom the property was taken, if the person provides a valid form of identification which includes the person's contact information.
1. The receipt and instructions shall notify the person from whom the property was taken that the property must be claimed within ninety (90) calendar days after City takes possession of the property or the property will be disposed.
2. If the owner or person responsible for unattended items cannot be identified, or if a person refuses to provide identification for the issuance of an administrative citation, the enforcement officer shall document the date, time period, and location where the impounded property was observed; the circumstances supporting the enforcement officer's finding that the property was unattended, if applicable; any reasonable attempt to locate the owner of the property; any refusal by the owner of the property to provide identification; and a complete description of the property, including any property that was immediately disposed of because it was perishable or presented a health or safety concern. This document shall be maintained by the City with any impounded property.
3. Impounded property may be recovered within ninety (90) calendar days from the date of impoundment, upon presentation of proof of ownership and full payment of a sum equal to the cost of removing and storing the impounded property.
4. Any unclaimed impounded property will be considered abandoned and forfeited to the City after ninety (90) calendar days following impoundment.
5. A person whose property is impounded pursuant to this Section may request an administrative hearing by submitting a written request for hearing form and returning it to the Department of Financial Management within thirty (30) calendar days of impoundment. The administrative hearing shall be conducted in accordance with Chapter 9.65 of this Code and may be held at the same time as the administrative hearing on any related administrative citation issued under this Chapter. No deposit is required to request a hearing on impounded property under this Section.
6. The City Manager or the Department of Financial Management may develop additional regulations for the storage and release of impounded property.
E. None of the aforementioned impoundment actions in this Section prevents an enforcement officer from issuing an administrative citation to a person reasonably believed to be in violation of any provision of this Chapter.
(ORD-24-0002 § 1, 2024)
5.73.160 Penalties.
A sidewalk vendor who violates any provision of this Chapter is subject to the penalties enumerated in paragraphs A and B of this Section below, and not of Section 5.08.030.A of this Code.
A. Violations of this Chapter.
1. Any violation of this Chapter shall be 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 (1) year of the first violation.
c. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation.
Created: 2024-06-10 14:17:07 [EST]
(Supp. No. 46, Update 1)
d. City may revoke a sidewalk vendor business permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
2. The owner, manager, or operator of any sidewalk vending activity is responsible for any violation by an employee of any provision of this Chapter. Any violation of this Chapter by an employee shall be deemed a violation for which the owner, manager or operator of each sidewalk vending activity is responsible.
B. Sidewalk vending without a valid sidewalk vendor business permit.
1. Sidewalk vending without a valid sidewalk vendor business permit shall be punishable by the following:
a. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. b. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.
c. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.
2. Upon proof of a valid sidewalk vendor permit issued by the City, the administrative fines set forth in subparagraph (B)(1) shall be reduced to the administrative fines set forth in subparagraph (A)(1) of this Section, respectively.
C. Failure to pay an administrative fine pursuant to this Section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Section shall not be assessed.
D. Sidewalk vending of food without a valid City health permit shall be punishable pursuant to the California Health and Safety Code.
E. Violations of any rule, regulation, or statute outside of this Chapter may be independently enforced and penalized as prescribed by law.
(ORD-24-0002 § 1, 2024)
5.73.170 Ability-to-pay determination.
A. Any fine issued under this Chapter will be accompanied with a notice of the right to request an ability-to-pay determination with instructions or other materials for requesting an ability-to-pay determination.
B. At any time before the citation is paid, the cited party may request an ability-to-pay determination.
C. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person's ability to pay the fine. The adjudicator shall have the power to reduce the fine based upon the person's ability to pay the fine.
1. If the adjudicator finds 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 adjudicator may waive the administrative fine or may offer an alternative disposition. (ORD-24-0002 § 1, 2024)
Created: 2024-06-10 14:17:07 [EST]
(Supp. No. 46, Update 1)
5.73.180 Severability.
If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this Chapter that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this Chapter are severable. (ORD-24-0002 § 1, 2024)