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ORD 647U ORDINANCE NO. 647U AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING SUBSECTION (A) OF CHAPTER 5.10.020 AND CHAPTER 5.28 (PEDDLERS) OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO VENDORS WHEREAS, Senate Bill 946 (Government Code §§ 51036 et seq.), the Safe Sidewalk 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 sidewalk 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 sidewalk 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, Rancho Palos Verdes Municipal Code Chapter 5.28 currently regulates peddling in the form of street vending in a manner inconsistent with SB 946 and the Rancho Palos Verdes Municipal Code does not permit sidewalk vending in a manner that substantially complies 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...." WHEREAS, the City does not currently have a regulatory program in place applicable specifically to sidewalk vendors; and WHEREAS, the City Council adopts this Urgency Ordinance in accordance with the authority granted by SB 946; WHEREAS, the City Council declares that the regulations enacted by this Urgency Ordinance are intended to promote and protect the health, safety and welfare of the City's 01203.0005/713365.1 Ordinance No. 647U Page 1 of12 residents, businesses, and visitors and are in furtherance of the City' s police powers while complying with the provisions of SB 946; WHEREAS, the City Council further declares that the provisions of this Urgency Ordinance are intended to regulate the time, place, and manner of sidewalk vending directly relating to public health, safety, and welfare objectives and concerns; WHEREAS, the City Council further declares that the regulations enacted by this Urgency Ordinance, including, but not limited to those governing minimum sidewalk widths, sidewalk vending receptacle sizes, distance requirements, and locations, 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; 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; WHEREAS, the City Council finds that the adoption of this Urgency 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. Urgency Findings. The City Council finds that the City lacks updated regulations applicable to ensure that vending from vehicles and carts is conducted safely and appropriately. Recently certain vendors have started selling goods from the public right of way, generating complaints related to the safety of the stands, to wit, some stands have erected multiple large flags that risk blowing the stand into the street into traffic, and which can block vehicle visibility. The City has an interest in ensuring that all vendors who operate within the City do so safely and responsibly. Section 3. Subsection (A) of Section 5.10.020 (Permit required for certain businesses) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following "A. No person shall commence, conduct, or purport to commence or conduct the following business activities within the boundaries of the City of Rancho Palos Verdes without possessing a valid business license permit issued pursuant to this chapter: 1.Escort*; 2.Escort bureau*." I 01203.0005/713365.1 Ordinance No. 647U Page 2 of 12 Section 4. Chapter 5.28 (Peddlers) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following: Chapter 5.28 (Vending on Public Property) 5.28.010 Purpose The City Council finds that sidewalk 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 sidewalk vending. The City Council further finds that these regulations are necessary to ensure that sidewalk 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 sidewalk vending without first obtaining a permit in accordance with this chapter, and without first obtaining 111 a business license pursuant to Chapter 5.04 (Business Licenses). No person shall engage in sidewalk vending upon the city's public right-of-way(s) without first obtaining a valid sidewalk vending permit issued by the public works director. 5.28.030 - Definitions. Unless it is plainly evident from the context that a different meaning is intended, 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 Public Works, and includes their designee. "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. "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. 01203.0005/713365.1 Ordinance No. 647U Page 3 of 12 "Driver" means and includes every person who drives or; is in actual charge and 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. "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. "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. "Vehicle" shall include "commercial vehicle." "Permittee" means the permit holder, and shall include their designees, employees, agents, or representatives. "Sidewalk vendor" means a person who sells food, goods, 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 street, sidewalk or other pedestrian path, and park and preserve grounds. Sidewalk vendors shall include vendors who sell from a table or other temporary set-up. "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. 5.28.040 Permit Application and Issuance A. Any person desiring to street vend upon a City right-of-way shall first submit an application for a street vendor permit. A nonrefundable processing fee and annual 01203.0005/713365.1 Ordinance No. 647U Page 4 of 12 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 sidewalk 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 all vehicles, commercial vehicles, and nonmotorized conveyances proposed to be used, and the location of such proposed business activity, including any vehicle identification number, license plate number, and proof of current registration for the vehicles, which will be used for vending in the City; 3. Provide the city with evidence of automobile insurance required under state law for operating the motorized vehicle, if any, which is identified in the permit application form 4. The date the vending is expected to begin; 5. The proposed hours of operation and locations; 6. A copy of a valid California Department of Tax and Fee Administration seller's permit; and 7. A copy of a current Health Department permit, or any other state applicable state permit, if required to sell the particular product. B. 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 sub-section 2 of this section. 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 01203.0005/713365.1 Ordinance No. 647U Page 5 of 12 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 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 the111 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. 5.28.060 Grounds for Denial, Suspension, or Revocation A permit may be denied, suspended, or revoked based on the following grounds. A. 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. B. The permittee has violated any statute or any provision of this Code resulting from any act performed in the exercise of any rights permitted by the issuance of the permit that is being considered for modification, suspension or revocation. II 01203.0005/713365.1 Ordinance No. 647U Page 6 of 12 C. The permittee has violated any provision of federal or state law or any provision of this Code or any other rule or regulation on the business premises or relating to the permitted activity. D. The permittee has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business. E. The permittee has failed or refused to notify the director of any change in material facts as required by this chapter within 10 calendar days after such change. F. The permittee has violated any conditions or restrictions imposed on the permit. G. The permittee has conducted the permitted business in a manner contrary to the peace, health, safety and the general welfare of the public, including, without limitation, by'allowing or failing to prevent the use of the business as a base or magnet for unlawful or criminal activity. H. The permittee fails to permit the city or any authorized authorities to conduct the inspections authorized by Section 5.10.100(C) or any other inspection authorized by this Code. I. Expiration, suspension, or revocation of any of the required insurance or state permits. K. A denial, suspension, or revocation of a permit may be appealed pursuant to the provisions of Section 5.28.050. No vending shall be permitted pending the appeal. 5.28.070 Sidewalk Vendor Operational Requirements A. No sidewalk vendor using a vehicle shall carry any merchandise, wares, goods or food outside a 10-foot radius encircling the vehicle or nonmotorized conveyance. B. No sidewalk vendor shall park or stand a vehicle used for vending in a manner which causes a hazard to vehicular or pedestrian traffic, and no sidewalk vendor shall distribute any item from a vehicle or nonmotorized conveyance in a manner that causes any person to stand in that portion of the street that is between the vehicle or nonmotorized conveyance and the center of the street. C. No sidewalk vendor shall park a vehicle or nonmotorized conveyance on any street during the hours of 6:00 p.m. through 7:00 a.m. on Monday through Friday, and 5 p.m. and 9 a.m. on Saturday. No such activity shall be permitted on Sundays or the legal holidays listed in Section 17.96.920 (Holiday, Legal) of this code, unless a special condition is approved by the director. D. No sidewalk vendor shall sell or offer for sale any food or other goods from a vehicle or nonmotorized conveyance unless they maintain a clearly designated litter 01203.0005/713365.1 Ordinance No. 647U Page 7 of 12 receptacle in the immediate vicinity of the vehicle or conveyance, marked with a sign requesting use by patrons. Prior to leaving the location, the sidewalk vendor shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed by the sidewalk vendor, including any packages or containers, or parts thereof, used with or for dispensing such food or goods. E. The sidewalk 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 goods, wares, merchandise or food 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. J. No sidewalk vendor shall persistently and importunately sell any goods, III merchandise, wares or food to any member of the public after such member of the public expresses his or her desire not to purchase anything from the sidewalk vendor. K. No sidewalk 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 sidewalk vendor shall obstruct the visibility of any vehicle traveling upon, from, or to public streets. M. No sidewalk vendor shall sell any items to a captive audience. N. No sidewalk 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 sidewalk 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. 01203.0005/713365.1 Ordinance No. 647U Page 8 of 12 P. No sidewalk vendor shall park or stand the vehicle or nonmotorized conveyance in violation of any conditions included in the permit. Q. No sidewalk vendor shall sell from any vehicle or nonmotorized conveyance which has not been identified in the application. R. No sidewalk vendor shall stop, stand or park any vehicle or nonmotorized conveyance in violation of any provision of the California Vehicle Code or the Rancho Palos Verdes Municipal Code. S. No sidewalk vendor shall sell any goods from any vehicle which does not have insurance as required under state law for operating the vehicle. T. To maintain accessibility standards for the city's disabled residents, every sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk 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. U. To prevent food-borne illness and protect the health and safety of the city's residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves. V. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way. W. No equipment or objects used for sidewalk 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 will be considered discarded and may be seized or disposed of by the city. X. To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance when operating in the public right-of-way. Y. To prevent unintended rolling or slipping, a sidewalk 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. Z. A sidewalk vendor shall not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape 111 nicotine or marijuana, or adult-oriented material depicting, describing or relating to sexual activities. 01203.0005/713365.1 Ordinance N o. 647U Page 9 of 12 AA. No sidewalk vending receptacle shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials. A sidewalk vendor may not use an open flame on or within any sidewalk vending receptacle. BB. Sidewalk 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. CC. Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential. DD. A stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one (1) or more concessionaires for that city park. EE. A sidewalk 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. FF. 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 sidewalk 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. GG. To protect the health and safety of school children, no state-registered sex offender may operate as a sidewalk vendor within 750 feet of a public or private school at any time. 5.28.080 Violations A. A violation of this chapter punishable only by the following: 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. 4. A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. 01203.0005/713365.1 Ordinance No. 647U Page 10 of 12 111 B. Vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph A: 1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. 2. An administrative fine not exceeding five hundred dollars ($5.00) 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. C. Upon proof of a valid permit issued by the city, the administrative fines set forth in paragraph B. of this section shall be reduced to the administrative fines set forth in paragraph A. of this section, respectively. Section 5. 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 6. 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 7. This Urgency Ordinance shall go into effect and be in full force and effect immediately upon its adoption by a four-fifths (4/5)vote of the City Council pursuant to Government Code §§ 36934 and 36937. PASSED, APPROVED and ADOPTED this 4th day of May, 2021. Mayor � 01203,0005/713365.1 Ordinance No. 647U Page 11 of 12 ATTEST: czrt.... (-41141lity 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. 647U was duly adopted by the City Council of said City at a regular meeting thereof held on May 4, 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 aoka, City Clerk I 01203.0005/713365.1 Ordinance No. 647U Page 12 of 12 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 May 6, 2021, she caused to be posted the following document entitled: ORDINANCE NO. 647U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING SUBSECTION (A) OF CHAPTER 5.10.020 AND CHAPTER 5.28 (PEDDLERS) OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO VENDORS, 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. ity Clerk