§ 9.60.020. Sidewalk vendor regulations.

(a)

The city council hereby finds that, to promote the health, safety and welfare, restrictions on sidewalk vendors and sidewalk vending activity are necessary to:

(1)

Ensure no unreasonable 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 parked or standing vehicles;

(2)

Provide reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services; and

(3)

Reduce exposure to the city for personal injury or property damage claims and litigation.

(b)

No person, either for himself/herself or any other person, shall engage in any sidewalk vendor activities within the city without first applying for and receiving a permit from the finance director, or his or her designee, under this chapter. The applicable fee for the permit shall be as set by resolution of the city council. A sidewalk vendor permit shall be effective for one year following its issuance, after which time it must be renewed. A sidewalk vendor permit is non-transferable, and any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this chapter. A written application for a sidewalk vendor permit shall be filed with the finance director, or his or her designee, on a form provided by the city, and shall contain the following information:

(1)

The name, address, and telephone number of the person applying to become a sidewalk vendor, along with proof of a valid California driver's license or state identification card;

(2)

The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle;

(3)

The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle, with proof of a valid California driver's license or state identification card for each such person;

(4)

The number of sidewalk vending receptacles the sidewalk vendor will operate within the city under the permit;

(5)

The location(s) in the city where the sidewalk vendor intends to operate;

(6)

The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s);

(7)

Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;

(8)

The dimensions of the sidewalk vendor's sidewalk vending receptacle(s), including a picture of each sidewalk vending receptacle operating under the permit;

(9)

Whether the sidewalk vendor will be selling food, merchandise, or both;

(10)

If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, and whether such foods will require a heating element inside or on the sidewalk vending receptacle for preparation;

(11)

If the vendor is selling merchandise, a description of the merchandise to be sold;

(12)

A copy of any health permit required for any sidewalk vendors selling food, as required by law;

(13)

Proof of his or her possession of a valid California Department of Tax and Fee Administration seller's permit, which shall be maintained during the pendency of the sidewalk vendor's permit;

(14)

An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws, including California Health and Safety Code sections 113700 et seq. regarding food safety;

(15)

A certification that, that to his or her knowledge and belief, the information contained within the application is true;

(16)

An acknowledgement that the sidewalk vendors use of public property is at their own risk, the city does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at his or her own risk; and

(17)

Any other relevant information required by the finance director, or his or her designee.

(c)

Sidewalk vendors shall comply with the following operating criteria:

(1)

All food and merchandise shall be stored either inside or affixed to the sidewalk vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor receptacle, the overall space taken up by the sidewalk vendor receptacle shall not exceed the size requirements provided in this section.

(2)

The sidewalk vendor permit shall be displayed conspicuously at all times on the sidewalk vending receptacle or the sidewalk vendor's person. If multiple sidewalk vendors are staffing a sidewalk vendor receptacle or working as roaming sidewalk vendors, each person shall wear their permit on their person in a conspicuous manner.

(3)

Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit business for their sidewalk vending activities. Sidewalk vending receptacles shall not be stored on public property and shall be removed when not in active use by a vendor.

(4)

Sidewalk vending receptacles shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet.

(5)

Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacle and shall not empty their trash into public trashcans. The size of the vendor's trash container shall be taken into account when assessing the total size limit of a sidewalk vending receptacle. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation.

(6)

Sidewalk vendors shall maintain a minimum four-foot clear accessible path on sidewalks free from obstructions, including sidewalk vending receptacles and customer queuing area.

(7)

Sidewalk vendors shall be subject to, comply with, the noise standards of Chapter 9.68. Sidewalk vending receptacles shall not be equipped with any electronic, fuel-powered, or manual device emitting flashing or strobe lighting, noise, smoke, or fog.

(d)

Sidewalk vendors shall be prohibited from engaging in any of the following:

(1)

Renting merchandise to customers;

(2)

Displaying merchandise or food that is not available for immediate sale;

(3)

Selling of adult oriented material, marijuana, tobacco, or alcohol products;

(4)

Using an open flame on or within any sidewalk vending receptacle;

(5)

Engaging in sidewalk vending activity between the hours of eight p.m. and eight a.m.;

(6)

Engaging in sidewalk vending activity within three hundred feet of the nearest property line of any property upon which a public or private school building is located, during regular day school hours or for a period of one hour immediately before and after regular day school hours;

(7)

Engaging in sidewalk vending activity within an area subject to an active temporary use permit for a special event issued under Duarte Development Code Section 19.124.050, as may be amended, but only during the time of the special event for which the temporary use permit was granted; and

(8)

Engaging in sidewalk vending activities within the shoulder or traffic lanes of any public street, highway, or public right-of-way.

(e)

Violations of the sidewalk vendor regulations contained herein shall be subject to the following fines and penalties, which, if applicable, shall take exclusive priority over any other fines or penalties relating to sidewalk vending activities under the Municipal Code or the Development Code:

(1)

An administrative fine not exceeding one hundred dollars for a first violation.

(2)

An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.

(3)

An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.

(Ord. No. 887 , § 6, 11-13-2018)