ORD 651 ORDINANCE NO. 651
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 5.28 (VENDING ON
PUBLIC PROPERTY) OF TITLE 5 (BUSINESS TAXES,
LICENSES AND REGULATIONS) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE THEREBY
CORRECTING AND CLARIFYING INCONSISTENCIES
RELATING TO VENDING ON PUBLIC PROPERTY
WHEREAS, Senate Bill 946 (Government Code §§ 51036 et seq.), the Safe
Vending Act, was enacted to address the competing activities that a local community
experiences in regulating and accommodating pedestrians, bikes, scooters, café seating,
business signage, advertisements, protests and, increasingly, vending within the public
right-of-way. In adopting the bill, the Legislature found that vending provides important
entrepreneurship and economic development opportunities to low-income and immigrant
communities, increases access to desired goods, such as culturally significant food and
merchandise, and contributes to a safe and dynamic public space. The Legislature further
found that the safety and welfare of the general public is promoted by encouraging local
authorities to'support and properly regulate vending.
WHEREAS, the Legislature further found that "unnecessary barriers have been
erected blocking aspiring entrepreneurs from accessing the formal economy, harming
California's economy in the process, and disrupting the regulation of business, which is a
matter of statewide concern. Moreover, California has an interest in the regulation of
traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic
or in ensuring the safety of pedestrians on the road or the sidewalk."
WHEREAS, on May 18, 2021, the City Council adopted Ordinance No. 648 to
amend Chapter 5.28 by adding new Sections 5.28.010 through 5.28.080 to incorporate
into the Municipal Code the requirements of Senate Bill 946 as Rancho Palos Verdes
Municipal Code Chapter 5.28 previously did not regulate peddling in the form of street
vending in a manner inconsistent with SB 946 and the Rancho Palos Verdes Municipal
Code does not permit vending in a manner that substantially complied with the provisions
of SB 946; and
WHEREAS, Section 22455 of the Vehicle Code provides that cities may "adopt
additional requirements for the public safety regulating the type of vending and the time,
place, and manner of vending from vehicles upon any street...."; and
WHEREAS, the City does not currently have a regulatory program in place
applicable specifically to vendors operating in City parks; and
WHEREAS, the City Council declares that the regulations enacted by this
Ordinance are intended to promote and protect the health, safety and welfare of the City's
Ordinance No. 651
Page 1 of 12
residents, businesses, and visitors and are in furtherance of the City' s police powers
while complying with the provisions of SB 946; and
WHEREAS, the City Council further declares that the provisions of this Ordinance
are intended to regulate the time, place, and manner of vending directly relating to public
health, safety, and welfare objectives and concerns; and
WHEREAS, the City Council further declares that the regulations enacted by this
Ordinance are intended and necessary to ensure compliance,with the federal Americans
with Disabilities Act of 1990 (41 U. S. C. § 12131 et seq.) and other disability access
standards; and
WHEREAS, the City Council desires to retain the ability for local enforcement of
sidewalk vendor regulations, including the imposition of fines for violations, to the extent
consistent with State law; and
WHEREAS, the City Council finds that the adoption of this Ordinance is necessary
for the preservation of the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated fully herein.
Section 2. Chapter 5.28 (Vending on Public Property) of Title 5 (Business Taxes,
Licenses and Regulations) of the Rancho Palos Verdes Municipal Code is hereby
amended.
Chapter 5.28 (Vending on Public Property)
5.28.010 Purpose
The City Council finds that vending: provides important entrepreneurship and
economic development opportunities to disproportionate communities; increases access
to desired goods, such as culturally significant food and merchandise; contributes to a
safe and dynamic public space; and that safety and welfare of the general public is
promoted by encouraging local authorities to support and properly regulate vending.
The City Council further finds that these regulations are necessary to ensure that
vending does not threaten the public health and safety.
5.28.020 - Permit required.
No person shall engage in, conduct or carry on the business of vending without
first obtaining a vending permit in accordance with this chapter, and without first obtaining
a business license pursuant to Chapter 5.04 (Business Licenses).
Ordinance No. 651
Page 2 of 12
5.28.030 - Definitions.
evident from the context that a different meaningis intended,
it is plainly _ ,
the following definitions shall apply:
:
"Captive audience" means one or more purposefully stationary persons, such as
persons in lines, on public transportation, or seated in public areas.
"City" means the city of Rancho Palos Verdes.
"Director" means the Director of Community Development, and includes their
designee.
"Commercial vehicle" means a vehicle maintained for the transportation of persons
for hire, compensation or profit, or designed, used or maintained primarily for the
transportation of property. Passenger vehicles which are not used for the transportation
of persons for hire, compensation or profit are not commercial vehicles.
"Driver" means and includes everyperson who drives or is in actual charge and
g
control of any vehicle, or commercial vehicle from which street vending takes place.
"Goods or merchandise" includes items and products of every kind and description,
including all food, produce and beverage items, and manufactured goods and
merchandise.
"Highway" means a way or place of whatever nature, publicly maintained and open
to the use of the public for purposes of vehicular travel.
"Nonmotorized conveyance" means any device moved exclusively by human
power, including but not limited to, any pushcart, stand, display, showcase, rack, pedal-
driven cart, wagon, bicycle, tricycle or other wheeled container or conveyance.
"Nonprofit organization" means a nonprofit corporation that has obtained
recognized state or federal tax-exempt status.
"Owner" means and includes every person having legal title to any vehicle, or
commercial vehicle, from which street vending takes place.
"Person" means any natural person, firm, partnership, association, corporation or
other entity of any kind or nature.
"Permittee" means the permit holder, and shall include their designees,
employees, agents, or representatives.
"Public property" means right-of-way and real property owned or controlled by the
city, including parks, nature preserve, beaches and open space.
Ordinance No. 651
Page 3 of 12
"Public sidewalk or street" means all of those areas dedicated as public
thoroughfares, including, but not limited to, roadways, parkways, medians, alleys,
sidewalks, and public ways.
"Sidewalk vendor" means a person who sells food, goods, or merchandise from a
pushcart, stationary cart or other nonmotorized equipment, or other temporary set-up, or
from one's person, upon a public street, sidewalk or other pedestrian path, and park
grounds, or other public property.
"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to
place and stops only to complete a transaction.
"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed
location.
"Vending" shall mean selling food, good, or merchandise from either a stationary
or roaming pushcart, stand, table, display, pedal-driven cart, wagon, showcase, rack,
nonmotorized conveyance, or other temporary set-up, or from one's person, upon a public
street, sidewalk or other pedestrian path, and park grounds.
5.28.040 Permit Application and Issuance
A. Any person desiring to vend upon public property shall first submit an application
for a vendor permit and a business license pursuant to Chapter 5.04 (Business Licenses).
A nonrefundable processing fee and annual street vendor permit fee to be set by city
council resolution shall be submitted with the application. Such application shall include,
but not be limited to, the following information:
1. Identification of the applicant, including the name of the business and the name
of all owners of the business. Where the applicant is a corporation, association,
partnership, limited partnership or other legal entity, "applicant" shall mean each partner,
officer, director, and each shareholder owning or controlling more than ten percent of
such entity. If the vendor is an agent of an individual, company, partnership, or
corporation, the name and business address of the principal;
2. A complete description of the business activity proposed to be operated,
including description of vending equipment (tables, shade structures, etc.), description of
goods sold, signage, and other nonmotorized equipment proposed to be used, and the
location of such proposed business activity with site plan;
3. The date the vending is expected to begin;
4. The proposed hours of operation and locations;
5. A copy of a valid California Department of Tax and Fee Administration seller's
permit; and
Ordinance No. 651
Page 4 of 12
6. A copy of a current Los Angeles County Health Department permit, or any other
applicable state permit, if required to sell the particular product.
B. Permits shall not be issued to the same applicant for the same location until the
current permit expires.
C. All permits issued under this chapter shall expire 90 days from date of issuance.
D. Fee waivers. Notwithstanding subsection A, above, street vendors may request
a permit fee waiver on the following grounds:
1. Hardship waiver based on inability to pay.
2. Nonprofit waiver. Nonprofit organizations must meet the requirements of the
chapter except that they may be exempted from the payment of the permit fee, or any
portion thereof, if the city council provides for an exemption in the fee resolution.
E. Review by Director.
1. An application that is not complete shall be returned to the applicant along with
a list of the deficiencies within 15 days of receipt of the application. The application shall
be deemed abandoned if, within 10 calendar days from the first class mailing of any notice
from the city, the application is not received by the city with all of its defects entirely
corrected. As a courtesy to the applicant, upon request of the applicant, the director shall
grant the applicant an extension of time of 10 business days to complete the application
properly. The time period for granting or denying the requested permit shall be stayed
during the period in which the applicant is granted an extension of time. Unless the
applicant requests an extension of time pursuant to this subsection, nothing in this
paragraph shall be construed to relieve the director of the duty to make a decision within
the time limits set forth in subsection (E)(2), below.
2. Once a completed application is filed, and the applicant pays the prescribed fee,
the director shall initiate an investigation of facts for each permit application with the
appropriate city departments and County agencies designated to review such
applications. The decision to approve (with or without conditions) or deny the application
shall be made within 15 days after the filing of a completed application. Notice of the
director's decision shall be mailed by certified or registered mail or personally delivered
to the applicant within three business days of the date of the decision.
5.28.050 Grounds for Denial.
A. A permit may be denied based on the following grounds:
1. The permittee has knowingly made any false, misleading or fraudulent
statement of material fact in the application for a business license permit, or in any report
or statement required to be filed with the director or the city.
Ordinance No. 651
Page 5 of 12
2. Expiration or suspension of any of the required insurance, or Los Angeles
County Health Department or state permits.
II
C. A denial of a permit may be appealed pursuant to the provisions of Section
5.28.060. No vending shall be permitted pending the appeal.
5.28.060 Appeal of Director's Decision.
A. Within 10 days after the date of the director's decision, any interested person
may appeal the decision to the city manager. The appeal shall set forth the ground(s) for
the appeal and shall be accompanied by an appeal fee in an amount prescribed by
resolution of the city council. A timely appeal accompanied by the required fee shall
automatically entitle the aggrieved party to a hearing before the city manager.
B. The hearing shall be held and action taken not less than 14 days nor more than
30 days after the timely filing of a complete appeal, unless the applicant requests an
extension.
C. At the time set for the hearing, or at the date to which the hearing may be
continued, the city manager shall hear the applicant, who may present any facts to show
why the permit should be granted, and shall hear testimony from all other interested
persons who attend the hearing to present reasons why the permit should or should not
be granted. The city manager, in considering the application and the appeal, shall give
consideration to all relevant documents filed and all relevant testimony given at the
hearing.
D. Within 5 days after the conclusion of the hearing, the city manager shall adopt
and issue a written notice of decision approving (with or without conditions) or denying an
application for business activities involving constitutionally protected expressive activities.
Notice of the city manager's decision shall be mailed by certified or registered mail or
personally delivered to the applicant.
E. The decision of the city manager shall be final if not appealed to the City Council
within 15 calendar days.
5.28.065 Appeals to City Council.
Any permittee or permit holder aggrieved by an action of the city manager to deny,
revoke or refuse to renew a permit may appeal to the council by filing with the city clerk a
statement addressed to the council setting forth the facts and circumstances regarding
the action of the city manager. Such appeal shall be filed within ten days after the disputed
action of the city manager, and the council shall hear the appeal at its next regular
meeting, but not earlier than five business days after the receipt of the appeal. The filing
of such an appeal with the city council shall not stay the action of the city manager. At the
time of the appeal hearing, the city council shall receive testimony and review the record
of the hearing of the city manager and shall determine the merits of the appeal. The action
of the council shall be final and appealable to the superior court of the state pursuant to
Ordinance No 651
Page 6 of 12
California Code of Civil Procedure Section 1094.5. Such an action in the superior court
shall be filed within 90 days following the council's action, pursuant to California Code of
Civil Procedure Section 1094.6.
5.28.070 Vendor Operational Requirements
A. No vendor shall store or display any food, goods or merchandise outside a 10-
foot radius encircling the conveyance.
B. No vendor shall park or,stand a nonmotorized conveyance used for vending in
a manner which causes a hazard to vehicular or pedestrian traffic, and no vendor shall
distribute any item from a nonmotorized conveyance in a manner that causes any person
to stand in that portion of the street that is between the nonmotorized conveyance and
the center of the street.
C. No vendor shall operate on any street or sidewalk during the hours of 6:00 p.m.
through 7:00 a.m.
D. No vendor shall vend unless they maintain a clearly designated litter receptacle
in the immediate vicinity of the conveyance, marked with a sign requesting use by patrons.
Prior to leaving the location, the vendor shall pick up, remove, and dispose of all trash or
refuse which consists of materials originally dispensed by the vendor, including any
packages or containers, or parts thereof, used with or for dispensing the food, goods or
merchandise being sold.
E. The vendor shall not make any outcry, blow a horn, ring a bell, or use any sound
devices or musical instrument upon any of the streets, alleys, parks or other public places
of this city where sound is of sufficient volume to be capable of being plainly heard upon
the public sidewalks or streets, public parks or other public places, for the purpose of
attracting attention to any food, goods, or merchandise which the permittee proposes to
sell.
F. Airborne signs such as balloons, banners, feather flags, pennants, as well as
flags, are prohibited.
G. No vending area shall be larger than 40 square feet per vendor.
H. No vending area shall impede ingress into or egress out of any driveway or
doorway. No vending area shall reduce accessibility as may be required by the American
with Disabilities Act.
I. No vending area shall be placed within 30 feet of an intersection or a driveway.
J. No vendor shall persistently and importunately sell any food, goods, or
merchandise to any member of the public after such member of the public expresses his,
or her desire not to purchase anything from the vendor.
Ordinance No 651
Page 7 of 12
K. No vendor shall intentionally or deliberately obstruct the free movement of any
member of the public on any public sidewalk or street or in any public place.
L. No vendor shall obstruct the visibility of any vehicle traveling upon, from, or to
public streets.
M. No vendor shall sell any items to a captive audience.
M. No vendor shall threaten any injury or damage to any member of the public who
declines to purchase any items being sold, if such threat, whether by word or gesture,
would make a reasonable person fearful.
0. No vendor shall sell or attempt to sell to the occupants of vehicles standing or
moving upon any public street or highway. Nothing in this paragraph shall be construed
to prohibit sales to the occupants of any vehicle that is lawfully parked.
P. No vendor shall park or stand any nonmotorized conveyance in violation of any
conditions included in the permit.
Q. No vendor shall sell from any nonmotorized conveyance not identified in the
application.
R. No vendor shall stop, stand or park any nonmotorized conveyance in violation
of any provision of the California Vehicle Code or the Rancho Palos Verdes Municipal
Code.
S. To maintain accessibility standards for the city's disabled residents, every
vendor operating on public property must ensure that no obstruction is placed on public
property that would reduce the width of access to less than 48 inches, exclusive of the
top of the curb. No obstruction shall be located in a sidewalk or public right-of-way less
than 6 feet in width when the sidewalk is adjacent to the curb.
T. Vendors of food or food products shall possess and display in plain view on the
vending cart a valid public health permit from the Los Angeles County Department of
Public Health.
U. A vending permit does not provide an exclusive right to operate within any
specific portion of the public right-of-way.
V. No equipment or objects used for vending purposes may be left or maintained
in public spaces or in any portion of the public right-of-way during the hours stated in
subsection C above. Any equipment or objects left overnight in public spaces or in any
portion of the public right-of-way in any residential area will be considered discarded and
may be seized or disposed of by the city.
W. To facilitate the enforcement of this chapter, every vendor must display their
city-issued vending permit on the street-side portion of their pushcart, stand, display,
Ordinance No 651
Page 8 of 12
pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when
operating in the public right-of-way.
X. To prevent unintended rolling or slipping, a vendor is prohibited from operating
a pushcart, pedal-driven cart, wagon, or other non-motorized conveyance on a public-
right-of-way with a slope greater than 5 percent.
Y. A vendor shall not engage in the selling of alcohol, marijuana, tobacco products,
products that contain nicotine or any product used to smoke/vape nicotine or marijuana.
Z. Vending receptacles shall not touch, lean against, or be affixed at any time to
any building or structure including, but not limited to lampposts, parking meters,
mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or
traffic barriers.
AA. Stationary sidewalk vendors are prohibited from operating in areas that are
exclusively residential.
BB. A vendor is prohibited from operating within 750 feet of a permitted certified
farmers' market, a permitted swap meet, or any area subject to a special use permit or
special event permit for the duration of the permit.
CC. To limit traffic congestion and protect the safety of children traveling to and
from and in and around schools from potential adverse safety impacts due, in part, to
sidewalk congestion, no vendor is permitted to operate within 750 feet of a public or
private school during the period extending of one (1) hour before the start of classes and
one (1) hour after the end of classes.
DD. To protect the health and safety of school children, no state-registered sex
offender may operate as a vendor within 750 feet of a public or private school at any time.
EE. A vendor is prohibited from publishing, uttering or disseminating any false,
deceptive or misleading statements or advertisements in connection with the permitted
business.
FF. A vendor shall not conduct the permitted business as a public nuisance.
GG. See Section 12.16.170 (Vending, Commercial Services, and Industrial
Activities Regulated in Parks, Preserve, Beaches, and Recreational Facilities) for
additional operational procedures for vending in parks, Preserve, beaches and
recreational facilities.
5.28.080 Violations
A. A permit may be suspended or revoked based on the following grounds:
Ordinance No. 651
Page 9 of 12
1. Revocation, suspension, or nonrenewal of the required Los Angeles County
health department permit, if applicable for food vendors.
2. The vendor has conducted the vending in a manner which endangers the public
health or safety or violation of any health and safety condition imposed on the Los Angeles
County Health Department permit.
3. If any immediate danger to the public health or safety is found, unless the danger
is immediately corrected, the director may temporarily suspend the permit and order the
operation to cease. "Immediate danger to the public health and safety" means any
condition, based upon inspection findings or other evidence, that can cause food
infection, food intoxication, disease transmission or hazardous condition, including but
not limited to unsafe food temperature, sewage contamination, nonpotable water supply,
or an employee who is a carrier of a communicable disease.
B. The city may rescind a vending permit issued to a vendor for the term of that
permit upon the fourth violation or subsequent violations.
C. A permittee whose permit was revoked shall not be issued a permit for the same
products or location in accordance with this chapter for vending within the city for a period
of three months for the first revocation, six months for the second revocation, and one
year for the third or subsequent revocation from the date suspension or revocation
becomes final.
D. Suspension or revocation of a vending permit may be appealed pursuant to the
provisions of Section 5.28.050. No vending shall be permitted pending the appeal.
E. A violation by a vending permit holder of this chapter is punishable only by the
following, provided that a permit may be immediately revoked on the grounds provided
under subsection (A), above:
1. An administrative fine not exceeding one hundred dollars ($100) for a first
violation.
2. An administrative fine not exceeding two hundred dollars ($200) for a second
violation within one year of the first violation.
3. An administrative fine not exceeding five hundred dollars ($500) for each
additional violation within one year of the first violation.
F. Vending without a vending permit may be punishable by the following in lieu of
the administrative fines set forth in Section (E), above:
1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first
violation.
111
Ordinance No 651
Page 10 of 12
2. An administrative fine not exceeding five hundred dollars ($500) for a second
violation within one year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000) for each
additional violation within one year of the first violation.
G. Upon proof of a valid permit issued by the city, the administrative fines set forth
in paragraph F. of this section shall be reduced to the administrative fines set forth in
paragraph E. of this section, respectively.
Section 3. If any section, subsection, sentence, clause, or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of any
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council hereby declares that it would have passed this
ordinance, and each and every section, subsection, sentence, clause and phrase thereof
not declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
Section 4. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code § 36937. The City Clerk shall cause a summary of this
ordinance to be published in accordance with Government Code § 36933 in a newspaper
of general circulation which is hereby designated for that purpose.
Section 5. This Ordinance shall go into on the 31st day after its passage.
111
Ordinance No. 651
Page 11 of12
PASSED, APPROVED and ADOPTED this 19th day of October 2021.
C)-XcLki
Eric Alegria, Mayor
ATTEST:
eresa akaoka, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 651 passed first reading on October 5, 2021, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
October 19, 2021, and that the same was passed and adopted by the following roll call
vote:
AYES: Bradley, Cruikshank, Dyda, Ferraro and Mayor Alegria
NOES: None
ABSENT: None
ABSTAIN: None
Teresa Takaoka, City Clerk
Ordinance No. 651
Page 12 of 12
FFri4. ^J
%f,:�AYYYYYr.Q �
14Wf,
CITY OF \ RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on October 20, 2021, she caused to be posted the following document
entitled: ORDINANCE NO. 651, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 5.28 (VENDING ON PUBLIC
PROPERTY) OF TITLE 5 (BUSINESS TAXES, LICENSES AND
REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE
THEREBY CORRECTING AND CLARIFYING INCONSISTENCIES RELATING
TO VENDING ON PUBLIC PROPERTY, a copy of which is attached hereto, in
the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
---.- 444# :
fty Clerk