Ordinance/Modify Street Vending Pilot Program Page 1 of 10 Rev: 09/2019
ORDINANCE NO. 2067
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING CHAPTER 5.05 (SOLICITORS
AND PEDDLERS) OF “THE CODE OF THE CITY OF SANTA
CLARA, CALIFORNIA”
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, Ordinance No. 2062 establishing a street vending pilot program (“Program’) upon certain public sidewalks and pedestrian paths surrounding Levi ’s Stadi um, was adopted on August 22, 2023;
WHEREAS, the Program was implemented to run during the 2023 football season; WHEREAS, during the course of the Program, it was discovered that the portion of Old Glory Lane west of Great America Parkway – which provides pedestrian access to several Stadium parking lots – was not included in the original scope of the Program, but does experience the health, safety, or welfare concerns set forth in SCCC 5.05.440; WHEREAS, the Program included an initial sunset date of January 31, 2024, and was to be considered repealed if not extended prior to January 31, 2024; WHEREAS, the Program was not extended prior to January 31, 2024; WHEREAS, ensuring the health, safety and welfare of Stadium patrons in their ingress and egress routes from the facility is extre mely important, and continuing the Program, with adjustments, is necessary to achieve this goal;
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Ordinance/Modify Street Vending Pilot Program Page 2 of 10 Rev: 09/2019
WHEREAS, the City deems it prudent to implement adjustments to the communication and enforcement plan during the non-NFL event season and further test those practices during the 2024 NFL season, and to conduct a more comprehensive bench mark review of unpermitted vending impacts and responses at similar venues, and to continue to pursue enforcement options with partners at the Bureau of Alcoholic Beverage Control and the County of Santa Clara Environmental Health Department; and WHEREAS, for these reasons, the City Council deems it to be in the best interests of the City to re adopt the expired Program, extending the Program for approximately one additional year to February 28, 2025, and modifying the time, place, manner restrictions in the Program to include that portion of Old Glory Lane west of Great America Parkway.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That Article IV (entitled “Stadium Pilot Pr oject”) of Chapter 5.05 (entitled “Solicitors and Peddlers”) of Title 5 (entitled “Business Licenses and Regulations”) of “The Code of the City of Santa Clara, California” is re-adopted as follows:
“Article IV. Stadium Pilot Program
5.05.400 Definitions
5.05.410 Purpose
5.05.420 Permit Required
5.05.430 Time, Place, or Manner Restrictions
5.05.440 Health, Safety, or Welfare Concerns
5.05.450 Enforcement
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Ordinance/Modify Street Vending Pilot Program Page 3 of 10 Rev: 09/2019
5.05.400 Definitions.
(a) “Event Days” means days on which events are held at the Stadium which necessitate street closures pursuant to the Traffic Management and Operations Plan. (b) “Sidewalk Vendor” means a person who sells food or merchandise, whether stationary or roaming, 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.
(c) “Stadium Pilot Program Area” means those specific streets or paths enumerated in SCCC 5.05.430.
5.05.410 Purpose.
The purpose of this Article is to strike a balance between supporting entrepreneurship and maintaining a safe environment for Stadium patrons by enacting a limited-term pilot program regulating the time, place, and manner in which Sidewalk Vendors may conduct business within the designated Stadium Pilot Program Area surrounding Levi’s Stadium on Event Days, based upon objective health, safety, and welfare concerns.
This Article shall become inoperative on February 28, 2025, and shall be considered repealed on that date, unless this Section is amended on or before February 28, 2025, to delete or extend this date.
5.05.420 Permit Required.
(a) At any time, whether on an Event Day or otherwise, Sidewalk Vendors operating within the Stadium Pilot Program Area must possess a valid sidewalk vending permit issued by the Chief of Police or designee.
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(b) To obtain a sidewalk vending permit, Sidewalk Vendors must complete a permit application, which shall be on a form available at the Police Department, with the following information:
(1) Categories of personal identification and business information to be enumerated by the Police Department on the application, and which shall be in accordance with Senate Bill 946
(2) Fingerprinting in accordance with SCCC 5.05.050
(3) Business Tax Certificate in accordance with SCCC 3.40.060 (4) Proof of current and valid permit, or other form of approval, from other applicable public agencies including, but not limited to, the Santa Clara County Department of Environmental Health
(5) If an individual or entity other than the applicant owns the pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used by the applicant, such individual or entity shall be identified in the manner prescribed by the Police Department
(6) If the applicant is employed or otherwise engaged by another individual or entity to perform Sidewalk Vendor services, such individual or entity shall be identified in the manner prescribed by the Police Department (c) Permits shall be valid for a period of one year and Sidewalk Vendors must renew their permits annually.
(d) Fees associated with the initial permit application or annual renewal shall be established by resolution of the City Council and must be remitted at the time of submission of the application or request for renewal.
Ordinance/Modify Street Vending Pilot Program Page 5 of 10 Rev: 09/2019
(e) An initial permit application may be denied under any of the following circumstances:
(1) The applicant failed to submit all required information or fees (2) The applicant falsified information on the application, concealed a material fact or otherwise committed any fraud in the application (3) Within the past five years, the applicant had a criminal judgment for misdemeanor or felony entered against him or her for a crime of violence or a property crime related to theft or fraud
(f) A request for permit renewal, which shall be on a form available at the Police Department, may be denied under any of the following circumstances:
(1) The applicant failed to submit all required information or fees (2) The applicant failed to request renewal prior to expiration of the permit (3) The applicant falsified information on the application, concealed a material fact or otherwise committed any fraud in the application (4) Within the past five years, the applicant had a criminal judgment for misdemeanor or felony entered against him or her for a crime of violence or a property crime related to theft or fraud
(g) The decision of the Chief of Police or designee to deny, revoke, or not renew, a permit may be appealed under the procedures set forth in SCCC Sections 2.115.050 – 2.115.090.
(h) The permit issued pursuant to this Article, and all interests, rights and obligations pertaining thereto, are personal to the holder of such permit, and are not transferable or assignable, by operation of law or otherwise.
Ordinance/Modify Street Vending Pilot Program Page 6 of 10 Rev: 09/2019
5.05.430 Time, Place, or Manner Restrictions
(a) No Sidewalk Vendor shall sell food or merchandise, whether stationary or roaming, 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, within the Stadium Pilot Program Area on Event Days during the hours of street or trail closures. In no event shall Street Vending occur within the Stadium Pilot Program Area on Event Days within two hours before the commencement of an event and two hours after the conclusion of an event.
(b) The Stadium Pilot Program Area shall be defined as the following:
(1) Tasman Drive (from Great America Parkway to Calle de Sol)
(2) Tasman Drive eastbound off-ramp to Star and Stripes Drive
(3) Tasman Drive stairways to Stars and Stripes Drive
(4) Great America Parkway (from Bunker Hill Drive to Patrick Henry Drive)
(5) Stars and Stripes Drive (from the Tasman Drive eastbound off-ramp to Bill Walsh Way)
(6) San Tomas Aquino Creek Trail (from Great America Parkway to Agnew Road)
(7) Old Glory Lane east and west of Great America Parkway
5.05.440 Health, Safety, or Welfare Concerns
The following health, safety, or welfare concerns exist upon the sidewalks and other pedestrian paths listed in SCCC 5.05.430(b):
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Ordinance/Modify Street Vending Pilot Program Page 7 of 10 Rev: 09/2019
(a) Street Vending in the Stadium Pilot Program Area on Event Days and the associated customer queues scattered within a large, high-density pedestrian group presents a variety of risks to the vendors, their customers, other pedestrians, emergency responders, vehicular traffic, and pedi-cab traffic (b) Interfering with the ability of disabled persons and other pedestrians to safely follow a path of travel in both ingress and egress from the Stadium on Event Days
(c) Interfering with the ability of public safety or other emergency responders to quickly and safely travel through the crowds
(d) Street Vendors and associated customer queues extending into vehicular and pedi-cab driving lanes, and in close proximity to rail lines (e) Unsafe food preparation, storage, and handling practices, including lack of hand washing facilities
(f) Inadequate waste disposal that can lead to pollution, or hazardous and unsanitary conditions
(g) Use of propane tanks on portable carts without security measures is particularly dangerous in the context of a large, highly dense, pedestrian group (h) Hot greasy cook tops without structures for safety clearances and required fire extinguishing devices which are particularly dangerous in the context of a large, highly dense, pedestrian group
(i) Merchandise sales of counterfeit, unsafe or inappropriate items (e.g., flares) that are particularly dangerous in the context of a large, highly dense, pedestrian group
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(j) Alcohol being sold to Stadium patrons without Alcoholic Beverage Control permits, particularly in situations in which Stadium halts alcohol sales prior to the conclusion of the event for safety purposes
5.05.450 Enforcement
(a) A violation of any requirement of this Article IV, except for permit requirements under SCCC 5.05.420, is punishable only by the following administrative penalty structure or permit revocation:
(1) One hundred dollars ($100) for a first violation
(2) Two hundred dollars ($200) for a second violation within one year of the first violation
(3) Five hundred dollars ($500) for each additional violation within one year of the first violation
(4) The Chief of Police or designee may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations
(b) A Sidewalk Vendor operating within the Stadium Pilot Program Area without possessing a valid sidewalk vending permit issued in accordance with SCCC 5.05.420 is subject to the following penalties:
(1) Two hundred fifty dollars ($250) for a first violation (2) Five hundred dollars ($500) for a second violation within one year of the first violation
(3) One thousand dollars ($1,000) for each additional violation within one year of the first violation.
Ordinance/Modify Street Vending Pilot Program Page 9 of 10 Rev: 09/2019
(c) The Police Department shall make available instructions or other materials explaining a Street Vendor’s right to request an ability-to-pay determination pursuant to SB 946.”
SECTION 2: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
SECTION 3: Savings clause. The changes provided for in this ordinance shall not affect any offense or a ct committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
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SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California." PASSED FOR THE PURPOSE OF PUBLICATION this 19TH day of March, 2024, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Becker, Chahal, Hardy, Jain, Park, and
Watanabe, and Mayor Gillmor
None
None
None
ATTEST: ~
NORAPIMENTEl,MM
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
FINALLY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA this 9TH day of April, 2024, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Becker, Chahal, Hardy, Jain, Park, and
Watanabe, and Mayor Gillmor
None
None
None
ATTEST: ~
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
Ordinance/Modify Street Vending Pilot Program
Rev: 09/2019