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CC SR 20210518 F - Sidewalk Vendor Ordinance 648 (2nd reading) CITY COUNCIL MEETING DATE: 05/18/2021 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to adopt Ordinance No. 648 to amend Chapter 5.28 by adding new Sections 5.28.010 through 5.28.080 to incorporate into the Municipal Code the requirements of Senate Bill 946. RECOMMENDED COUNCIL ACTION: (1) Adopt 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 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Karina Bañales, Deputy City Manager REVIEWED BY: Same as above APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Ordinance No. 648 (page A-1) B. May 4, 2021 City Council Staff Report (page B-1) BACKGROUND AND DISCUSSION: On May 4, 2021, Ordinance No. 648 (Attachment A) was introduced by the City Council for its first reading (Attachment B). This ordinance amends Chapter 5.28 by adding new Sections 5.28.010 through 5.28.080 to incorporate into the Municipal Code the requirements of Senate Bill No. 946. This evening, Ordinance No. 648 is presented for its second reading and adoption. This ordinance will go into effect on June 17, 2021. 1 It should be noted that on May 4, the same evening the City Council introduced Ordinance No. 648, Urgency Ordinance No. 647U was unanimously adopted, which immediately codified similar language as presented this evening. If adopted, tonight’s ordinance will replace the urgency ordinance on the June 17 effective date. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1. Direct Staff to revise Ordinance No. 648 for re-introduction and/or second reading at a future City Council Meeting 2 01203.0005/713366.1 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 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; A-1 01203.0005/713366.1 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 A-2 01203.0005/713366.1 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. A-3 01203.0005/713366.1 “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 A-4 01203.0005/713366.1 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 A-5 01203.0005/713366.1 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; A-6 01203.0005/713366.1 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 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 A-7 01203.0005/713366.1 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 o f 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 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. A-8 01203.0005/713366.1 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 a lcohol, 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. A-9 01203.0005/713366.1 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 fi rst violation. A-10 01203.0005/713366.1 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. ______________________________ Eric Alegria, Mayor ATTEST: _______________________ Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) A-11 01203.0005/713366.1 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: NOES: ABSENT: ABSTAIN: __________________________________ Teresa Takaoka, City Clerk A-12 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 B-1 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 B-2 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- B-3 date the Municipal Code recognizing that some of its provisions would not be enforceable. B-4 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 B-5 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*.” B-6 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. B-7 “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: B-8 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 B-9 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 . B-10 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 B-11 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. B-12 P. No sidewalk vendor shall park or stand the vehicle or nonmotorized conveyance in violation of any conditions included in the permit. Q. No sidewalk vendor shall sell from any vehicle or nonmotorized conveyance which has not been identified in the application. R. No sidewalk vendor shall stop, stand or park any vehicle or nonmotorized conveyance in violation of any provision of the California Vehicle Code or the Rancho Palos Verdes Municipal Code. S. No sidewalk vendor shall sell any goods from any vehicle which does not have insurance as required under state law for operating the vehicle. 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. B-13 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 B-14 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; B-15 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 B-16 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. B-17 “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; B-18 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. B-19 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 B-20 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. B-21 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 B-22 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. B-23 PASSED, APPROVED and ADOPTED this ___ day of May, 2021. ______________________________ Eric Alegria, Mayor ATTEST: _______________________ Teresa Takaoka, City Clerk B-24 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) Page 1 of 5 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. B-25 Created: 2021-04-02 13:36:09 [EST] (Supp. No. 65, Update 2) Page 2 of 5 "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. B-26 Created: 2021-04-02 13:36:09 [EST] (Supp. No. 65, Update 2) Page 3 of 5 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. B-27 Created: 2021-04-02 13:36:09 [EST] (Supp. No. 65, Update 2) Page 4 of 5 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) B-28 Created: 2021-04-02 13:36:09 [EST] (Supp. No. 65, Update 2) Page 5 of 5 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) B-29 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 B-30 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*.” B-31 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). 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 p urposefully stationary persons, such as persons in lines, on public transportation, or seated in public areas. "City" means the city of Rancho Palos Verdes. “Director” means the Director of Public Works, and includes their designee. "Public sidewalk or street" means all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks and public ways. “Commercial vehicle” means a vehicle maintained for the transportation of person s 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. B-32 “Driver” means and includes every person who drives or; is in actual charge and control of any vehicle, or commercial vehicle from which street vending takes place. “Goods or merchandise” includes items and products of every kind and description, including all food, produce and beverage items, and manufactured goods and merchandise. “Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Nonmotorized conveyance” means any device moved exclusively by human power, including but not limited to, any pushcart, stand, display, showcase, rack, pedal - driven cart, wagon, bicycle, tricycle or other wheeled container or conveyance. “Owner” means and includes every person having legal title to any vehicle, or commercial vehicle, from which street vending takes place. “Person” means any natural person, firm, partnership, association, corporation or other entity of any kind or nature. “Vehicle” means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. “Vehicle” shall include “commercial vehicle.” “Permittee” means the permit holder, and shall include their designees, employees, agents, or representatives. “Sidewalk vendor” means a person who sells food, goods, or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public street, sidewalk or other pedestrian path, and park and preserve grounds. Sidewalk vendors shall include vendors who sell from a table or other temporary set-up. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. 5.28.040 Permit Application and Issuance A. Any person desiring to street vend upon a City right-of-way 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 B-33 submitted with the application. Such application shall include, but not be limite d to, the following information: 1. Identification of the applicant, including the name of the business and the name of all owners of the business. Where the applicant is a corporation, association, partnership, limited partnership or other legal entity, "applicant" shall mean each partner, officer, director, and each shareholder owning or controlling more than ten percent of such entity. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; 2. A complete description of the business activity proposed to be operated, including all vehicles, commercial vehicles, and nonmotorized conveyances proposed to be used, and the location of such proposed business activity , including any vehicle identification number, license plate number, and proof of current registration for the vehicles, which will be used for vending in the City; 3. Provide the city with evidence of automobile insurance required under state law for operating the motorized vehicle, if any, which is identified in the permit application form 4. The date the vending is expected to begin; 5. The proposed hours of operation and locations; 6. A copy of a valid California Department of Tax and Fee Administration seller’s permit; and 7. A copy of a current Health Department permit, or any other state applicable state permit, if required to sell the particular product. B. Review by Director. 1. An application that is not complete shall be returned to the applicant along with a list of the deficiencies within 15 days of receipt of the application. The application shall be deemed abandoned if, within 10 calendar days from the first class mailing of any notice from the city, the application is not received by the city with all of its defects entirely corrected. As a courtesy to the applicant, upon request of the applicant, the director shall grant the applicant an extension of time of 10 business days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time. Unless the applicant requests an extension of time pursuant to this subsection, nothing in this paragraph shall be construed to relieve the director of the duty to make a decision within the time limits set forth in sub-section 2 of this section. 2. Once a completed application is filed, and the applicant pays the prescribed fee, the director shall initiate an investigation of facts for each permit application with the B-34 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 personall y 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 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 . B-35 C. The permittee has violated any provision of federal or state law or any provision of this Code or any other rule or regulation on the business premises or relating to the permitted activity. D. The permittee has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business. E. The permittee has failed or refused to notify the director of any change in material facts as required by this chapter within 10 calendar days after such change. F. The permittee has violated any conditions or restrictions imposed on the permit. G. The permittee has conducted the permitted business in a manner contrary to the peace, health, safety and the general welfare of the public, including, without limitation, by allowing or failing to prevent the use of the business as a base or magnet for unlawful or criminal activity. H. The permittee fails to permit the city or any authorized authorities to conduct the inspections authorized by Section 5.10.100(C) or any other inspection authorized by this Code. I. Expiration, suspension, or revocation of any of the required insurance or state permits. K. A denial, suspension, or revocation of a permit may be appealed pursuant to the provisions of Section 5.28.050. No vending shall be permitted pending the appeal. 5.28.070 Sidewalk Vendor Operational Requirements A. No sidewalk vendor using a vehicle shall carry any merchandise, wares, goods or food outside a 10-foot radius encircling the vehicle or nonmotorized conveyance. B. No sidewalk vendor shall park or stand a vehicle used for vending in a manner which causes a hazard to vehicular or pedestrian traffic, and no sidewalk vendor shall distribute any item from a vehicle or nonmotorized conveyance in a manner that causes any person to stand in that portion of the street that is between the vehicle or nonmotorized conveyance and the center of the street. C. No sidewalk vendor shall park a vehicle or nonmotorized conveyance on any street during the hours of 6:00 p.m. through 7:00 a.m. on Monday through Friday, and 5 p.m. and 9 a.m. on Saturday. No such activity shall be permitted on Sundays or the legal holidays listed in Section 17.96.920 (Holiday, Legal) of this code, unless a special condition is approved by the director. D. No sidewalk vendor shall sell or offer for sale any food or other goods from a vehicle or nonmotorized conveyance unless they maintain a clearly designated litter B-36 receptacle in the immediate vicinity of the vehicle or conveyance, marked with a sign requesting use by patrons. Prior to leaving the location, the sidewalk vendor shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed by the sidewalk vendor, including any packages or containers, or parts thereof, used with or for dispensing such food or goods. E. The sidewalk vendor shall not make any outcry, blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the streets, alleys, parks or other public places of this city where sound is of sufficient volume to be capable of being plainly heard upon the public sidewalks or streets, public parks or other public places, for the purpose of attracting attention to any goods, wares, merchandise or food which the permittee proposes to sell. F. Airborne signs such as balloons, banners, feather flags, pennants, as well as flags, are prohibited. G. No vending area shall be larger than 40 square feet per vendor. H. No vending area shall impede ingress into or egress out of any driveway or doorway. No vending area shall reduce accessibility as may be required by the American with Disabilities Act. I. No vending area shall be placed within 30 feet of an intersection. J. No sidewalk vendor shall persistently and importunately sell any goods, 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. B-37 P. No sidewalk vendor shall park or stand the vehicle or nonmotorized conveyance in violation of any conditions included in the permit. Q. No sidewalk vendor shall sell from any vehicle or nonmotorized conveyance which has not been identified in the application. R. No sidewalk vendor shall stop, stand or park any vehicle or nonmotorized conveyance in violation of any provision of the California Vehicle Code or the Rancho Palos Verdes Municipal Code. S. No sidewalk vendor shall sell any goods from any vehicle which does not have insurance as required under state law for operating the vehicle. T. To maintain accessibility standards for the city's disabled residents, every sidewalk vendor operating on any sidewalk or public right -of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk to less than 48 inches, exclusive of the top of the curb. No obstruction shall be located in a sidewalk or public right-of-way less than 6 feet in width when the sidewalk is adjacent to the curb. U. To prevent food-borne illness and protect the health and safety of the city's residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves. V. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way. W. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the publ ic right-of-way from ten p.m. to eight a.m. 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. B-38 AA. No sidewalk vending receptacle shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials. A sidewalk vendor may not use an open flame on or within any sidewalk vending receptacle. BB. Sidewalk vending receptacles shall not touch, lean against, or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers. CC. Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential. DD. A stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one (1) or more concessionaires for that city park. EE. A sidewalk vendor is prohibited from operating within 750 feet of a permitted certified farmers' market, a permitted swap meet, or any area subject to a special use permit or special event permit for the duration of the permit. FF. To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no sidewalk vendor is permitted to operate within 750 feet of a public or private school during the period extending of one (1) hour before the start of classes and one (1) hour after the end of classes. GG. To protect the health and safety of school children, no state -registered sex offender may operate as a sidewalk vend or 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. B-39 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 fi rst 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 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 B-40 ATTEST: _______________________ City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 647U was duly adopted by the City Council of said City at a regular meeting thereof held on May 4, 2021, and that the same was passed and adopted by the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro and Mayor Alegria NOES: None ABSENT: None ABSTAIN: None __________________________ Teresa Takaoka, City Clerk B-41 ORDINANCE NO. _____ 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 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 while complying with the provisions of SB 946; B-42 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 B-43 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. B-44 “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 within upon a City right-of-way 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, partnership, or corporation, the name and business address of the principal; B-45 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 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 B-46 the appeal and shall be accompanied by an appeal fee in an amount prescribed by resolution of the city council. A timely appeal accompanied by the required fee shall automatically entitle the aggrieved party to a hearing before the city manager. B. The hearing shall be held and action taken not less than 14 days nor more than 30 days after the timely filing of a complete appeal, unless the applicant requests an extension. C. At the time set for the hearing, or at the date to which the hearing may be continued, the city manager shall hear the applicant, who may present any facts to show why the permit should be granted, and shall hear testimony from all other interested persons who attend the hearing to present reasons why the permit should or should not be granted. The city manager, in considering the application and the appeal, shall give consideration to all relevant documents filed and all relevant testimony given at the hearing. D. Within 5 days after the conclusion of the hearing, the city manager shall adopt and issue a written notice of decision approving (with or without conditions) or denying an application for business activities involving constitutionally protected expressive activities. Notice of the city manager's decision shall be mailed by certified or registered mail or personally delivered to the applicant. E. The decision of the city manager shall be final. 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; B-47 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. 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 B-48 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 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. 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. B-49 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 from ten p.m. to eight a.m. 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. B-50 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. B-51 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 ___ day of May, 2021. ______________________________ Eric Alegria, Mayor ATTEST: _______________________ Teresa Takaoka, City Clerk B-52