ORD 648 ORDINANCE NO. 648
AN 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 declares that the regulations enacted by this Urgency
Ordinance are intended to promote and protect the health, safety and welfare of the City's
residents, businesses, and visitors and are in furtherance of the City' s police powers 6
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. 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*."
Section 3. 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
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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
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, public ways and park or preserve grounds.
"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 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.
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"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
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
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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 subsection 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
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
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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.
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.
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;
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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.
J. 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
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
p g Y p
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
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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,
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.
M. No sidewalk vendor shall threaten any injury or damage to any member of the
public who declines to purchase anyitems 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.
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.
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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
nicotine or marijuana, or adult-oriented material depicting, describing or relating to sexual
activities.
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.
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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.
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.
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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.
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 4. 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 5. 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.
PASSED, APPROVED and ADOPTED this 18th day of May, 2021.
Mayor
ATTEST:
'1:.',_•14-
City Clerk-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
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Ordinance No. 648
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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. 648 passed first reading on May 4, 2021, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on May 18,
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
1/241
T r Takaoka, City Clerk
I
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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 19, 2021, she caused to be posted the following document
entitled: ORDINANCE NO. 648, AN 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.
City Clerk