Attachment A
Ordinance No. 2463
ORDINANCE NO. 2463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
ARTICLE 12 (SPECIALLY REGULATED BUSINESSES –SIDEWALK
VENDORS), CHAPTER 7 (BUSINESS LICENSE) , TITLE 16 OF THE
VICTORVILLE MUNICIPAL CODE TO COMPLY WITH SENATE BILL
635, “THE STREET VENDOR BUSINESS PROTECTION ACT,” AND
MAKING CEQA EXEMPTION FINDINGS
WHEREAS, the City of Victorville (the “City”) is a California charter city and municipal corporation, organized under the Constitution and the laws of the State of California, authorized to adopt and enforce local regulations and ordinances pursuant to Sections 5 and 7 of Article XI of the California Constitution; and
WHEREAS, in 2024 the City Council of the City of Victorville (“City Council”) adopted Ordinance No. 2449, which among other things, added Article 12 to Chapter 7 of Title 16 of the Victorville Municipal Code (“VMC”) to regulate sidewalk vending utilizing requirements directly related to objective health and safety or welfare concerns as required by Senate Bill 946 (Lara), enacted in 2018; and
WHEREAS, effective January 1, 2026, Senate Bill 635 (Durazo) places new limitations on the ability of local agencies to regulate sidewalk vending and protects personally identifiable information of sidewalk vendors collected by the City for licensing purposes; and
WHEREAS, certain provisions of the City’s s idewalk vending regulations contained in Article 12, Chapter 7 of Title 16 directly conflict with the requirements of Senate Bill 635 and must promptly be removed and/or revised to ensure consistency with the new State law; and
WHEREAS, although amendments to VMC Title 16 (the City’s Development Code) are ordinarily reviewed and heard by the Planning Commission before being recommended to the City Council for adoption pursuant to Article 1, Chapter 2 of Title 16, because the changes proposed by this Ordinance are self -evident, time-sensitive, and do not affect zoning or the permitted uses of land, the City Council has determined that direct adoption of these amendments is necessary and appropriate under the circumstances; and
WHEREAS, in order to comply with the provisions of Senate Bill 635 and make minor VMC text corrections, the City Council hereby adopts this Ordinance No. 2463 to amend Sections 16-7.12.010 (Purpose a nd Findings); 16- 7.12.030 (Sidewalk Vendor License Application); 16-
7.12.040 (Criteria for Approval or Denial of License) and 16-7.12.120 (Violations and Penalties) of VMC Title 16 as set forth in the attached Exhibit “A”; and
WHEREAS, the City Council finds on its own independent judgment that this proposed Title 16 amendment has been determined to be exempt from the California Environmental Quality Act (CEQA), based upon CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) , and 15061(b)(3) and the findings set out in Section 5 of this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct and are hereby incorporated and made part of this Ordinance by this reference, together with any definitions set forth therein.
Section 2. Additions, Deletions, and Revisions to VMC Article 12, Chapter 7, Title 16.
That Article 12, Chapter 7, Title 16 of the Victorville Municipal Code is hereby amended as described within the attached Exhibit “A” (with included legend defining editing notes as well as existing, new, and deleted text by means of underscores, strikethroughs, and italicization for reference only), which Exhibit “A” is made a part of and incorporated into this Ordinance.
Section 3. Repeal of Conflicting Provisions.
That all the provisions of the Victorville Municipal Code heretofore adopted by the City Council of the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed as of the effective date hereof.
Section 4. Severability.
That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the rema ining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
Section 5. CEQA Exemption.
That the City Council finds that this Ordinance is exempt from the requirements of CEQA, pursuant to California Code of Regulations, title 14, chapter 3 (“CEQA Guidelines”), sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3) , as there is no possibility that the proposed VMC amendments will have a significant effect on the environment inasmuch as the proposed Ordinance merely amends the City’s existing sidewalk vendor regulations to conform with State law.
Section 6. Effective Date.
That this Ordinance shall take effect thirty (30) days after its final passage.
Section 7. Certification.
That the City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.
Exhibit “A”
Legend
Existing Text
Deleted Text
Revised/New Text
*Editing Notes*
Victorville Municipal Code Title 16
Chapter 7 – Business License
Article 12: Specially Regulated Business—Sidewalk Vendors Sec. 16-7.12.010: Purpose and findings *Change* (a) Purpose. The purpose of this Article is to establish Sidewalk Vendor business licensing and regulatory standards that comply with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Article allow the City to encourage small business activities by removing certain prohibitions on portable food stands and certain forms of vending while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public's health, safety, and welfare.
(b) Findings. The City Council finds that:
(1) Prohibiting Sidewalk Vending in streets/roadways and on medians is necessary to protect the health and safety of Sidewalk Vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents if they vend in streets/roadways or on medians. (2) Preventing Sidewalk Vendors from vending to persons in cars and other motorized vehicles, or from vending from the street or alley facing sides of their Vending Carts is necessary to protect the health and safety of Sidewalk Vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents when Sidewalk Vending Activities cause vehicles to suddenly stop or park illegally on City streets and disrupt the normal flow of traffic.
(3) Preventing sidewalk vendors from using sound amplifying devices is necessary to protect the welfare of residents and visitors to the City by preventing excessive noise from disturbing the peace and quiet of residential areas or from an accumulation of exc essive noise in commercial and other areas. Amplified sound devices may also cause traffic hazards by distracting drivers resulting in automobile accidents and harm to pedestrians, so prohibiting their use is necessary for the health and safety of motor ists and pedestrians.
(4) The regulations specified in this Article, including, but not limited to those governing sidewalk Vending Cart sizes, distance requirements, and food and merchandise storage, are intended and necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101 -336) and other disability access standards.
(5) To protect the safety of children traveling to and from and in and around schools from potentially adverse safety impacts of traffic and sidewalk congestion, it is necessary to restrict sidewalk vendor activities during certain hours in such areas.
(6) Restricting Sidewalk Vending Activities on Sidewalks or Pedestrian Paths that are immediately adjacent to portions of streets or highways that are designated by signs or red curb markings as "no stopping" or "no parking" zones and near certain public faci lities is needed to prevent interference with the flow of pedestrian or vehicular traffic, including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering p arked or standing vehicles.
(7) Regulating Sidewalk Vending Activities is necessary to preserve reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, and mailboxes, as well as access to locations used for public transportation services.
(8) The City further finds that the circumstances of Sidewalk Vending, where Sidewalk Vendors set up stands or move from place to place as Roaming Sidewalk Vendors, has the potential for Sidewalk Vendors to engage in illegal activities, including but not limited to the sale of illegal substances or merchandise or the sale of counterfeit products. To ensure the safety of residents and the merchantability of products sold by vendors without a fixed place of business, all Sidewalk Vendor License applicants, in cluding all employees or Vending Cart operators, are required to undergo a fingerprinting background check to be conducted by the Police Department prior to being licensed.
*No Change to Section 16-7.12.020*
Sec. 16-7.12.030: Sidewalk vendor license application *Change* (a) All business license applications must be completed online through the City's designated business license application system ("License System"). To receive a Sidewalk Vendor License, applicants must provide the following to the City through the License System:
(1) A declaration that the information provided to the City in connection with the business license application is true and correct, to the best of the applicant's knowledge and belief; (2) The applicant's agreement to indemnify, hold harmless, and defend the City, its officials, employees, and agents from and against all liability, damage, loss or injury arising from the Sidewalk Vendor's conduct of Sidewalk Vending Activity;
(3) An acknowledgement that use of public property is at the Sidewalk Vendor's own risk, and that the City does not take any steps to ensure public property is safe or conducive to Sidewalk Vending Activity; (4) The applicant's agreement to comply with the provisions of this Article and all applicable provisions of the City's Municipal Code;
(5) All applicable documents described in Chapter 7, Article 3 of this Title, subject to the following:
(A) (provided that a A Sidewalk Vendor may submit a California driver's license or identification number, an individual taxpayer identification number, a Seller's Permit number, or a municipal identification number in lieu of a social security number, and any number so collected shall not be available to the public for inspection, shall be is confidential, and shall not be disclosed except as required to administer the licensure program or to comply with a state law or state or federal court order); and
(B) Any Sidewalk Vendor’s “personally identifiable information” as defined in Government Code Section 51036(e) obtained by the City and/or any City records containing same are exempt from disclosure under the Public Records Act and further shall only be acces sible or subject to release/disclosure as specified in Government Code Sections 51038(b)(6) and (b)(7). (6) A list of all applicable employees or Vending Cart operators;
(7) A detailed description of the Food and/or merchandise to be sold; (8) The hours per day and the days per week during which the Sidewalk Vendor proposes to operate, and whether the Sidewalk Vendor intends to operate as a Stationary or a Roaming Sidewalk Vendor; (9) Roaming Sidewalk Vendors shall specify the roaming route and proposed areas within which Sidewalk Vendor Activity will be conducted;
(10) A description (including dimensions) of all Vending Carts to be used when vending, to include photos of the sides, front and rear of each Vending Cart;
(11) If the applicant will Vend food, copies of applicable permits issued by the Health Department (unless applicant is exempt from a Health Permit pursuant to California Health & Safety Code Section 114368.1(a)) and certification that the Sidewalk Vendor will comply with all applicable laws regarding food vending;
(12) Proof of general liability and other insurance coverages as deemed reasonably necessary to adequately protect the City in the types and amounts specified by the City's Risk Manager; (13) A copy of the Sidewalk Vendor's current and valid Seller's Permit; (14) Full payment of the applicable business license fees, as established by resolution of the City Council. (b) In addition, prior to the issuance of a Sidewalk Vendor License, the applicant and each of applicant's employees and/or Vending Cart operators shall cause to be filed with the Chief of Police, or his/her designee, a live scan background check conducted by the California Department of Justice within the previous six months of the application date. The Chief of Police, or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan vendor location. Pursuant to Cali fornia Penal Code Sections 11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-7.12.040. (c)(b) The items listed in subdivisions (a) and (b) of this Section, together with the Sidewalk Vendor License renewal fee (as established by resolution of the City Council) must thereafter be provided annually to the City prior to the date the Sidewalk Vendor's current Sidewalk Vendor License expires.
Sec. 16-7.12.040: Criteria for approval or denial of license *Change* (a) The City Manager, or his or her designee, shall approve the application for issuance of a Sidewalk Vendor License unless he or she determines that:
(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;
(3) The applicant has failed to demonstrate an ability to conform to the operating conditions and standards set forth in Sections 16-7.12.070 through 16-7.12.100 of this Article; (4) The applicant has failed to pay any previous administrative fines levied in accordance with Government Code Section 51039(a) ;
(5) The Chief of Police, after conducting a preliminary investigation to determine compliance with this Chapter, has found any of the following as a result of the live scan background check performed on the applicant and its employees:
(A) A conviction in a court of competent jurisdiction or a plea of nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058 within three (3) years of the date of application; or
(B) Active probation or parole status for any offenses set forth in this Section that was committed within three (3) years of the date of application; or
(C) A conviction of a felony or misdemeanor involving a crime of moral turpitude within three (3) years of the date of the application; or
(D) Registration under the provisions of California Penal Code section 290 (or an equivalent section in any other state) is required.
(b) If an application is denied, the basis for the denial shall be mailed to or delivered in writing to the applicant setting forth the reasons for the denial. If the denial is not appealed within ten (10) days as provided in Section 16-02.02.050 of this Title, the determination of denial shall become final and conclusive.
*No Change to Sections 16-7.12.050 through 16-7.12.060*
Sec. 16-7.12.070: General sidewalk vendor activity operating conditions; prohibitions *Change*
(a) General Operating Conditions.
(1) Sidewalk Vending Activities are permitted in the City between the hours of 7:00 a.m. and 10:00 p.m. daily, except as follows:
(A) In exclusively residential areas, only Roaming Sidewalk Vendors shall be permitted to operate. In such areas, Roaming Sidewalk Vendors may engage in Sidewalk Vending Activities only between the hours of 7:00 a.m. and 10:00 p.m. Roaming Sidewalk Vendors must move continuously except when necessary to complete a sale.
(B) In non-residential areas, the limit on hours of vending shall not be more restrictive than the hours of operation of other businesses or uses on the same street. (C) Hours may be expanded when events subject to the terms of a Temporary Special Permit and/or certain City-sponsored events are occurring.
(D) During the execution of a Public Works maintenance or public benefit project that requires the sidewalk vendor vacate the area to allow the completion of a public works project. (2) Stationary Sidewalk Vendors are prohibited from operating in areas that are zoned exclusively residential.
(3) Stationary Sidewalk Vendors must operate within the approved areas as stated in the issued Sidewalk Vendor License.
(4) All Sidewalk Vendors Vending food or any other item requiring a Health Department permit, must possess and keep display in his/her Vending Cart or on his/her person a valid permit issued by the Health Department.
(5) At all times, Sidewalk Vendors must possess and display in a conspicuous manner keep in his/her Vending Cart or on his/her person a valid Sidewalk Vendor License. If multiple Sidewalk Vendors are staffing a Vending Cart or working as Roaming Sidewalk Vendors, each person shall keep wear his/her license on his/her person at all times in a conspicuous manner.
(6) No Advertising signs. No signs other than those approved in the Sidewalk Vendor License application (such as signs identifying the name of the products sold, the name of the vendor and/or the prices of products) are allowed. All signs must be attached to the approved Vending Cart with a sign area not to
exceed three square feet for every linear foot of Vending Cart length. Signs with intermittent, flashing, moving, blinking lights, or varying intensity of light or color, are not permitted. (7) No Vending Cart, including any attachments thereto such as a litter receptacle or an umbrella, shall exceed four (4) feet in width, eight (8) feet in height, or eight (8) feet in length. (8) No Vending Cart shall be chained or fastened to any utility pole, sign, tree, or other object in the public right-of-way or left unattended.
(9) No Vending Cart shall be stored, parked, or left overnight on or in any public street, Sidewalk, or City Facilities.
(10) All equipment installed in any part of the Vending Cart shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn. All utensils shall be securely stored in order to prevent their being t hrown from the Vending Cart in the event of a sudden stop, collision, or overturn. A safety knife holder shall be provided to avoid loose storage of knives. (11) Compressors, auxiliary engines, generators, batteries, battery chargers, gas -fueled water heaters, and similar equipment shall not create nuisance odors or noise above the allowable decibel level as provided in section 13.01.040 of the Victorville Municipal Code. (12) Umbrellas used in connection with vending operations must be securely fastened and not exceed a heigh of eight (8) feet.
(b) Prohibitions. No Sidewalk Vendor shall:
(1) Operate within the portion of any public parking lot through which motor vehicles are expected to travel given the frequency of vehicle traffic and the prevention of vehicle on pedestrian traffic collision; (2) Operate on or along any street or roadway that does not have a Sidewalk or Pedestrian path; (3) Operate within 25 feet of a Sidewalk or Pedestrian Path that is adjacent to a portion of a street or highway and is designated by signs or red curb markings as a "no stopping" or "no parking" zone to prevent vehicle traffic from unlawfully stopping or parking and increasing the risk of traffic collisions; (4) Sell food for immediate consumption unless there is a litter receptacle available for patrons' use; (5) Operate within 150 feet of the intersection of a street and a sidewalk or in any location that obstructs traffic signals or regulatory signs;
(6) Leave any location without first disposing of all trash or refuse remaining from sales conducted. Trash and refuse generated by vending activities shall not be disposed of in public trash receptacles; (7) Discharge solids or liquids to the street or a storm drain; (8) Allow any items or equipment relating to the Sidewalk Vending Activity, including any required litter receptacle, to be placed anywhere other than in, on, or under the Vending Cart; (9) Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her Vending Cart where such items have not been described in the Sidewalk Vendor License application;
(10) Operate upon or within any street or roadway, any street or roadway median strip (whether or not said median strip is landscaped), or any street/roadway dividing strip; (11) Operate within five hundred feet of any freeway on-ramp or off-ramp; (12) Engage in the vending of alcohol, cannabis, cannabis products, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or cannabis, or adult -oriented material depicting, describing, or relating to sexual activities;
(13) Sound or permit the sounding of any device that produces a loud and raucous noise or any noise in violation of the City's noise ordinance, or use or operate any loudspeaker, public address system, radio,
sound amplifier, or similar device to attract the attention of the public, or use any lighting effect that is intermittent, flashing, moving, blinking or emits a varying intensity of light or color; (14) Operate without the insurance coverage specified in this Article; (15) Operate within 50 feet of a fire hydrant or 25 feet of a transit stop; (16) Solicit or conduct business with persons in motor vehicles or Vend from the exposed street or alley and/or traffic side of the Vending Cart;
(17) Operate in a manner that does not maintain four (4) feet of clear space on a Sidewalk or Pedestrian Path, including any customer queuing area, or in a manner that impedes access to or restricts the free use of abutting property, including, but not limited to, residences and places of business in accordance with the American with Disabilities Act (ADA);
(18) Operate within 50 feet of the outer edge of a driveway or vehicular entrance to public or private property;
(19) Operate within 500 feet of a Certified Farmers' Market or Swap Meet during the operating hours of that Certified Farmers' Market or Swap Meet;
(20) Operate in any manner or location that blocks any citizen or service entry or exit from any business or residence;
(21) Operate in or within 500 feet of an area designated for use by a Temporary Special Permit or an event conducted or sponsored by the City, including but not limited to the annual Fall Festival, Spring Festival, Holiday Parade, Tree Lighting and Veterans' Day Parade; provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City's Temporary Special Permit or regarding City conducted/sponsored events, shall also be provided to any Sidewalk Vendors specifically permitted to operate in the area. A prohibition of Sidewalk Vendors pursuant to this subsection shall only be effective for the limited duration of the Temporary Special Permit, or the City conducted/sponsored event;
(22) Operate within 500 feet of any public or private school grounds between the hours of 7:00 a.m. and 5:00 p.m. on days that the school is open to students;
(23) Operate in violation of any other generally applicable law; (24) Use an electrical outlet or power source that is owned by the City or another person other than the Sidewalk Vendor;
(25) Engage in the renting of merchandise to customers; (26) Vend services;
(27) Use an open flame on or within any Vending Cart.
*No Change to Sections 16-7.12.080 through 16-7.12.110*
Sec. 16-7.12.120: Violations and penalties *Change* (a) Violations of this Article that occur within the public right -of-way shall not be prosecuted as infractions or misdemeanors and shall only be subject to the issuance of Notices of Violation and Administrative Citations pursuant to Chapter 1.05 of the Victo rville Municipal Code, except that notwithstanding Section 1.05.110 of said Code, the administrative fines and other penalties for violations of this Article (other than failure to obtain/maintain a valid Sidewalk Vendor License as set forth in subdivision (b) below) shall be as follows:
(1) A fine not exceeding one hundred dollars ($100) for a first violation.
(2) A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation.
(4) Rescission of a Sidewalk Vendor License for the term of said license upon a fourth violation or subsequent violations.
(b) If a Sidewalk Vendor violates any portion of this Article and cannot present the citing officer with a proof of a valid Sidewalk Vendor License, the Sidewalk Vendor shall instead be assessed administrative fines in the following amounts:
(1) A fine not exceeding two hundred fifty dollars ($250) for a first violation. (2) A fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.
(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.
(c) Upon proof of a valid Sidewalk Vendor License issued by the City, the administrative fines set forth in Subsection 16-7.12.120(b) shall be reduced to the administrative fines set forth in Subsection 16-7.12.120(a). (d) All fines imposed on a Sidewalk Vendor pursuant to this Section 16- 7.12.120 shall be subject to an ability-to- pay determination as described in California Government Code section 51039(f). Concurrently with issuing an administrative citation for such fine s to a Sidewalk Vendor, the City shall provide the Sidewalk Vendor with notice of his/her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. (e) Administrative citations may be appealed pursuant to the procedures set forth in Section 1.05.090 of the Victorville Municipal Code, except that the following additional provisions shall apply with respect to the assessment of an administrative fine upon a Sidewalk Vendor:
(1) The Hearing Officer has the power to reduce the fine based upon the person's ability to pay the fine. (2) If the Hearing Officer finds the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the Hearing Officer, shall order the City to accept, in full satisfaction, twenty percent (20%) of the administrative fine imposed pursuant to this Section. (3) The Hearing Officer 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.