CC SR 20210504 03 - Urgency Ordinance Repealing & Amending Chapter 2.58
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CITY COUNCIL MEETING DATE: 05/04/2020
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to repeal and replace Subsection (A) of Chapter
5.10.020 and Chapter 5.28 (Peddlers) of the Municipal Code to conform with Senate Bill
No. 946.
RECOMMENDED COUNCIL ACTION:
(1) Waive further reading and adopt by a four-fifths vote of the entire City Council
Urgency Ordinance No. _____, entitled “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”, and,
(2) Waive further reading and introduce for first reading Ordinance No. _____,
entitled “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”
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Elena Q. Gerli, Assistant City Attorney
REVIEWED BY: William W. Wynder, City Attorney
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Urgency Ordinance No. __ (page A-1)
B. Draft Ordinance No. (page B-1)
C. Existing Chapter 5.28 of the RPVMC (page C-1)
BACKGROUND:
Public sidewalks are hubs of often competing activities for a local community, including
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accommodating pedestrians, bikes, scooters, café seating, business signage,
advertisements, protests and, increasingly, vending. The City has historically regulated
public sidewalks through Chapter 5.28 of the Municipal Code (called “Peddlers”).
Senate Bill No. 946, the Safe Sidewalk Vending Act, has changed the status quo of
sidewalk vending in California and, to some extent, erodes the traditional areas of local
control by elevating sidewalk vending to a new and prominent status statewide. Cities
must now take into account the requirements that are specified in the Act when
implementing sidewalk vending regulations for both sidewalks and parks.
The changes in state law brought by SB 946 impact property owners, local businesses,
public entities, and even the smallest vendors. In light of the statutory developments,
City Staff and the City Attorney’s Office have determined that Chapter 5.28 (Peddlers)
of the City’s Municipal Code needs to be updated and made consistent with state law
(Attachment C).
DISCUSSION:
SB 946 prohibits a city from requiring that a sidewalk vendor only operate within specific
parts of the public right-of-way but does allow the City to adopt a permitting system that
includes limitations that are directly related to objective health, safety, or welfare
concerns. The City may adopt requirements regulating the time, place, and manner of
sidewalk vending or to prevent an undue concentration of commercial activity (sales of
goods and merchandise including food).
SB 946 prohibits a city from restricting sidewalk vendors to designated neighborhoods
or areas, except when the restriction is directly related to objective he alth, safety, or
welfare concerns. However, the City may prohibit stationary sidewalk vendors in areas
zoned exclusively residential where no commercial activity is permitted but cannot
prohibit roaming sidewalk vendors in such areas.
Examples of time, place, and manner restrictions include but are not limited to:
• Limitations on hours of operation that are not unduly restrictive;
• Requirements to maintain sanitary conditions;
• Requirements necessary to ensure compliance with the federal Americans with
Disabilities Act and other disability access standards;
• Requirements to obtain a permit or valid business license, possess a seller’s
permit from the California Department of Tax and Fee Administration, or obtain
additional licenses from other state or local agencies to the extent required by
law; and/or,
• Requirements that a sidewalk vendor submit information on his or her operations.
SB 946 prohibits a city from imposing criminal penalties, such as misdemeanors or
infractions, for sidewalk vending violations. Sidewalk vending violations are only
punishable as administrative fines. A violation is punishable only by the following
administrative fines: $100 for a first violation; $200 for a second violation; and $500 for
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each additional violation within one year of the first violation. If the vendor fails to obtain
a City permit, the City may impose higher fines for vending without a permit: $250 for a
first violation; $500 for a second violation; and $1,000 for each additional violation within
one year of the first violation. However, upon proof of a valid permit, a local authority
must reduce the fines to the lesser, first set of fines.
SB 946 allows the City to rescind a permit issued to a sidewalk vendor upon the fourth
violation or subsequent violations. Failure to pay an administrative fine shall not be
punishable as an infraction or misdemeanor, and no additional fines, fees, assessment ,
or any other financial conditions may be assessed.
The attached urgency ordinance and ordinance repeal and replace Chapter 5.28 by
adding new Sections 5.28.010 through 5.28.080 to incorporate into the Municipal Code
the requirements of SB 946, that best reflects the City (Attachments A and B).
Urgency Ordinance
The City Council is being asked to adopt an urgency ordinance at tonight’s meeting (in
addition to introducing the matching non-urgency ordinance) because the City lacks
updated regulations applicable to ensure that vending 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.
If the City Council adopts the urgency ordinance (Attachment A) at tonight’s meeting,
the regular ordinance (Attachment B) will return for the second reading at the
May 18, 2021 meeting. This process ensures that (1) the City will have an ordinance in
effect immediately that complies with state law (SB 946); and (2) the City will also have
ordinances in effect through the standard process (two readings plus 30 days) in order
to ensure that all vendors who operate within the City do so safely and responsibly.
CONCLUSION:
As currently codified portions of Chapter 5.28 of the Municipal Code have been
preempted by enactment into law of SB 946, Government Code §§ 51036 et seq. The
attached ordinances will bring Chapter 5.28 into conformance with existing state law.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Take no action on the attached ordinances. SB 946 does allow a city to enforce
its existing ordinances regulating sidewalk vending to the extent not otherwise
inconsistent with state law (Attachment C). The City Council could opt not to up-
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date the Municipal Code recognizing that some of its provisions would not be
enforceable.
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ORDINANCE NO. _____ U
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 §§ 51306 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 s idewalk
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 regulatin g 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
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residents, businesses, and visitors and are in furtherance of the City' s police powers
while complying with the provisions of SB 956;
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*.”
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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
a business license pursuant to Chapter 5.04 (Business Licenses).
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 pe rsons, 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.
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“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 fr om a fixed
location.
5.28.040 Permit Application and Issuance
A. Any person desiring to street vend within the City 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:
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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
appropriate City departments and County agencies designated to review such
applications. The decision to approve (with or without conditions) or deny the application
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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 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 registe red 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 .
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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, deceptiv e 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
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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 w hich 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 withing 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.
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.
O. 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.
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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.
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.
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.
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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
ATTEST:
_______________________
City Clerk
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ORDINANCE NO. _____ U
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 §§ 51306 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 s idewalk
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 regulatin g 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
while complying with the provisions of SB 946;
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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 concer ns;
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).
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 pe rsons, 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 maintaine d 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.
“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.
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“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 within the City 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, partne rship, 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;
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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 s hall
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 p ersonally 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.
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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;
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
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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
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.
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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 withing 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 o r 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 any items being sold, if such threat, whether by word or
gesture, would make a reasonable person fearful.
O. 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.
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.
5.28.080 Violations
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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.
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.
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PASSED, APPROVED and ADOPTED this ___ day of May, 2021.
______________________________
Eric Alegria, Mayor
ATTEST:
_______________________
Teresa Takaoka, City Clerk
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Title 5 - BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.28 PEDDLERS
Rancho Palos Verdes, California, Code of Ordinances Created: 2021-04-02 13:36:09 [EST]
(Supp. No. 65, Update 2)
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Chapter 5.28 PEDDLERS
Sections:
5.28.010 Purpose.
The purpose of Chapter 5.28 (Peddlers) is to mitigate the negative impacts generated by unregulated
peddling. These negative impacts include, but are not limited to: (i) an increase in the amount of litter; (ii)
trampling down lawns when peddlers trespass upon or walk across private property; (iii) an increased risk of
vehicle accidents and personal injury when peddling from motorized vehicles; (iv) invasion of personal privacy
when motorized vehicles remain parked for long periods of time in front of a person's home or business; (v)
disruption of the peaceful repose of residents when catering trucks or other motorized or non -motorized vehicles
emit sounds to gain the attention of potential customers, (vi) an increased risk of personal injury when carrying
products through a neighborhood and exposing such items to the public for sale, and (vii) an increased risk of
unsanitary service of food or food products when toilet and hand washing facilities are not within close proximity
to the service of food or food products.
(Ord. 434 § 2 (part), 2006: Ord. 435U § 2 (part), 2006)
(Ord. No. 485, § 1, 3-3-09)
5.28.020 Permit required.
No person shall engage in, conduct or carry on the business of peddling without a permit issued pursuant to
Chapter 5.10 (Business and Occupation Permits) of this Code. If any of the provisions of Chapter 5.10 (Business and
Occupation Permits) conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all
matters and questions arising out of the subject matter of this chapter. A permit issued pursuant to Chapter 5.10
may specify where and when peddling is permitted.
(Ord. 434 § 2 (part), 2006: Ord. 435U § 2 (part), 2006)
5.28.030 Definitions.
For the purpose of this chapter, 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 or s eated in
public areas.
"City" means the city of Rancho Palos Verdes.
"Food" and "food products" mean any liquid or edible products designed for human consumption, including,
but not limited to, fruits, vegetables, meats, fish, candy, ice cream and other milk products, soda pop, juice, and
any other prepared or unprepared edible item.
"Peddle" and "peddling" mean traveling by foot, motorized vehicle, nonmotorized vehicle or any other type
of conveyance from place-to-place, house-to-house, or from street-to-street, carrying, conveying or transporting
goods, wares, merchandise, or food and concurrently offering or exposing the same for sale.
"Peddler" means any person who engages in the act of peddling, as defined in this section.
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"Person" means any individual, firm, business, partnership, corporation, cooperative, company, association,
joint stock association, church, religious sect, religious denomination, society, organization, or league and shall
include any trustee, receiver, assignee, agent, solicitor, or other similar representative thereof.
"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.
(Ord. 434 § 2 (part), 2006: Ord. 435U § 2 (part), 2006)
5.28.040 Exemptions.
The provisions of this chapter shall not apply to the following:
A. The sale or delivery of merchandise by a person engaged in the business of selling such merchandise at a
fixed place of business in the city, or elsewhere, and which merchandise has been ordered to be so delivered
prior to such delivery.
B. Any peddling that is allowed in connection with a community event that has been approved by the city,
including, but not limited to, a carnival, fair, organized picnic or fund raiser.
C. Peddling by representatives of a nonprofit entity that is within the purview of Section 501(c)(3) of the
Internal Revenue Code and is registered as a nonprofit corporation with the California Secretary of State.
(Ord. 434 § 2 (part), 2006: Ord. 435U § 2 (part), 2006)
5.28.050 Additional information required for permit.
In addition to the information required in Section 5.10.030, an applicant for a peddler's permit shall:
A. Include in his or her application the vehicle identification number, license plate number and proof of current
registration for the motorized vehicle, if any, which will be used for peddling in the city;
B. 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; and
C. Provide a copy of a current health permit, if required to sell the particular produc t.
(Ord. 434 § 2 (part), 2006: Ord. 435U § 2 (part), 2006)
5.28.060 Manner of peddling.
A. No peddler shall peddle any goods, wares, merchandise or food in any park owned or operated by the city,
unless specifically authorized in writing by the city manager. If the city manager authorizes an individual or
entity to peddle at a city park, then any peddler who is peddling pursuant to that authorization shall maintain
a copy of the city manager's written authorization in his or her possession while the person is peddling on
the city's property and shall present the letter of authorization, upon requ est from a city official or employee
or representative of the Los Angeles County sheriff's department.
B. No peddler shall peddle any goods, merchandise, wares or food from any non -motorized vehicle on any
portion of any public sidewalk or street or right-of-way.
C. No peddler shall peddle goods, merchandise, wares or food by sitting, standing or walking on a public
sidewalk or street or upon a median or grassy embankment within a public sidewalk or street right -of-way.
This does not include sitting or standing in a motorized vehicle that is lawfully parked on a public street and
for which the peddler has a permit and business license to peddle.
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D. No peddler shall stand or park any motorized vehicle in violation of any city ordinance. No peddler shall
stand or park any motorized vehicle for more than ten minutes in any particular location; provided, however,
that this ten-minute time period shall not apply to a peddler who is lawfully parked and peddling goods
within a city-owned park pursuant to written authorization from the city Manager issued pursuant to
paragraph (a) of this section. Regardless of the length of time parked at any particular location, no peddler
shall park within five hundred feet, as measured in any direction, of an area where he or s he previously
parked at the beginning of the ten-minute period, until twenty-four hours have elapsed from the end of said
ten-minute period.
E. No peddler using a motorized vehicle shall carry any merchandise, wares, goods or food outside a ten -foot
radius encircling the motorized vehicle.
F. No peddler shall park or stand a motorized vehicle used for peddling in a manner which causes a hazard to
vehicular or pedestrian traffic, and no peddler shall distribute any item from such a motorized vehicle in a
manner that causes any person to stand in that portion of the street that is between the vehicle and the
center of the street.
G. No peddler shall park a motorized vehicle on any street during the hours of eight p.m. through seven a.m. of
the next succeeding day.
H. No peddler shall sell or offer for sale any food or other goods from a motorized vehicle unless he or she
maintains a clearly designated litter receptacle in the immediate vicinity of the vehicle, marked with a sign
requesting use by patrons. Prior to leaving the location, the peddler shall pick up, remove and dispose of all
trash or refuse which consists of materials originally dispensed by the peddler, including any packages or
containers, or parts thereof, used with or for dispensing such foo d or goods.
I. Between eight p.m. and seven a.m., the peddler 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.
J. No peddler shall keep, maintain or operate any motorized vehicle used in selling food products in or upon
any public street or other public place within two hundred feet of the nearest property line of any property
on which a public school building is located. This prohibition will not apply if the school principal gives the
peddler written permission to park on school property to sell, give away, distribute or offer to sell any food
or other products. If the school principal authorizes an individual or entity to peddle on school property, then
any peddler who is peddling pursuant to that authorization shall provide a copy of the principal's written
authorization to the city within five days of receipt of the authorization from the principal; shall maintain a
copy of the principal's written authorization in his or her possession while the person is peddling on the
school's property and shall present the letter of authorization, upon request from a city official or employee
or representative of the Los Angeles County sheriff's department.
K. No peddler shall persistently and importunately peddle 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 peddler.
L. No peddler 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.
M. No peddler shall peddle any items to a captive audience.
N. No peddler shall threaten any injury or damage to any member of the public who declines to purchase any
items being peddled, if such threat, whether by word or gesture, would make a reasonable person fearful.
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O. No peddler shall peddle or attempt to peddle to the occupants of vehicle s standing or moving upon any
public street or highway. Nothing in this paragraph shall be construed to prohibit peddling to the occupants
of any vehicle that is lawfully parked.
P. No peddler shall park or stand the motorized vehicle in violation of any conditions included in the permit as
provided under Section 5.10.100.
Q. No peddler shall peddle from any motorized vehicle which has not been identified in the application.
R. No peddler shall stop, stand or park any motorized vehicle in violation of an y provision of the California
Vehicle Code or the Rancho Palos Verdes Municipal Code.
S. No peddler shall peddle any food unless the items being sold comply with all applicable food labeling
requirements established by the State of California and the peddler has all required permits, including,
without limitation, Health permits, to sell such items.
T. No peddler shall peddle any goods from any motorized vehicle which does not have insurance as required
under state law for operating the motorized vehicle.
U. No peddler shall peddle any food or food product from a motorized vehicle for immediate consumpt ion by a
customer unless the peddler and the peddler's customers have permission to use an approved and readily
available toilet and hand washing facility that is located within two hundred feet travel distance from the
location where the food or food products are offered for sale or sold. If the toilet and hand washing facility is
privately owned, the peddler shall obtain written permission from the owner or authorized agent, and a copy
of the written permission shall be kept in the vehicle and available for inspection at all times while peddling.
Written permission is not required to use publicly owned toilet and hand washing facilities. The peddler shall
clearly post on the vehicle, within three feet of the opening in the vehicle through which food or foo d
products are offered for sale or sold and visible to customers, a notice stating that: (1) a toilet and hand
washing facility has been made available as required by this subsection; and (2) the location of that facility.
Prior to commencing peddling, the peddler shall file a "facilities report" with the city, on a form provided by
the city, listing all toilet and hand washing facilities that the peddler will be utilizing to fulfill the peddler's
obligations under this subsection, and attach thereto a copy of each required written permission. An
approved facilities report must be on file with the city before a business license will be issued or renewed. A
revised facilities report shall be filed with the city: (1) before the peddler may utilize any toilet a nd hand
washing facilities not itemized on the current facilities report; and (2) within ten days of the date permission
to use a toilet and hand washing facility is revoked, cancelled or expires. To the extent state law imposes a
stricter standard, state law shall apply.
(Ord. 434 § 2 (part), 2006: Ord. 435U § 2 (part), 2006)
(Ord. No. 485, § 2, 3-3-09)
5.28.070 Effect on other ordinances.
Peddlers required to comply with the provisions in this chapter shall not be relieved from complying with any
other provision of this Code, including, but not limited to, Chapter 5.04, and shall remain subject to the regulatory
provisions of other chapters. Nothing contained in this chapter shall be interpreted or enforced in such a manner
as to constitute a change in the tax currently imposed by Chapter 5.04 of this Code.
(Ord. 434 § 2 (part), 2006: Ord. 435U § 2 (part), 2006)
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5.28.080 Additional grounds for modification, revocation or suspension.
In addition to the grounds set forth in Section 5.10.0 90, a permit issued pursuant to this chapter may be
modified, suspended or revoked if the permittee violates any of the provisions of this chapter on two separate
occasions within a twelve-month period.
(Ord. 434 § 2 (part), 2006: Ord. 435U § 2 (part), 20 06)
5.28.090 Penalty for violations.
A violation of any of the provisions of this chapter is a misdemeanor, punishable by the general penalty of
Section 1.08.010 of this Code.
(Ord. 434 § 2 (part), 2006: Ord. 435U § 2 (part), 2006)
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