CC SR 20250520 02 - Street Vendors Ordinance Code Amendment
01203.0011 2004797.1
CITY COUNCIL MEETING DATE: 05/20/2025
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration to amend Chapter 5.28 (Vending on Public Property) of the Rancho Palos
Verdes Municipal Code for consistency with the Safe Sidewalk Vending Act (“SB 946”).
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No.___, “AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTIONS 5.28.010 (PURPOSE), 5.28.030
(DEFINITIONS), 5.28.070 (VENDOR OPERATIONAL REQUIREMENTS), AND
5.28.080 (VIOLATIONS) OF CHAPTER 5.28 (VENDING ON PUBLIC
PROPERTY), OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE SIDEWALK
VENDING REQUIREMENTS FOR CONSISTENCY WITH SENATE BILL NO.
946”.
FISCAL IMPACT: There is no fiscal impact with the proposed code amendment.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: James Zoren, Code Enforcement Officer
Octavio Silva, Deputy Director of Community Development
REVIEWED BY: Brandy Forbes, AICP, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. ___ (Page A-1)
B. Senate Bill 946 – Safe Sidewalk Vending Act (page B-1)
C. Proposed Redlined Street Vending Ordinance Updates (Page C-1)
BACKGROUND:
Senate Bill No. 946, commonly known as the Safe Sidewalk Vending Act (“SB 946”)
(Attachment B), went into effect in California on January 1, 2019 and prohibits a local
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agency from regulating sidewalk vendors, except in accordance with the provisions of the
Act.
SB 946 decriminalizes sidewalk vending in California and requires local authorities to
allow the same. However, cities may still regulate sidewalk vendors provided the
regulations are directly related to objectively demonstrable health, safety, or welfare
matters such as obstructing free movement of any member of the public on any public
sidewalk, selling of marijuana products, and threatening any member of the public who
declines to purchase any items being sold. Sidewalk vendors in violation of such local
authority regulations may be issued a notice of violation or administrative citation, and
vendor permits that may have been issued by a city may be suspended or revoked for
repeated violations.
On October 19, 2021, the City adopted Ordinance No. 651 updating Chapter 5.28
(Vending on Public Property) of the Rancho Palos Verdes Municipal Code (RPVMC),
which went into effect on November 19, 2021. The code updates at the time focused on
correcting and clarifying inconsistencies related to vending on public property;
establishing vendor operational requirements to ensure public health and safety; requiring
all vendors to obtain a City vending permit and business license prior to operating; and
establishing the process of addressing violations.
Since SB 946 went into effect, the City has observed occasional street vending at the
trailhead to the Portuguese Bend Reserve and some park sites consisting of food and
beverage sales, and at the intersection of Palos Verdes Drive West and Hawthorne Blvd.
consisting of the sale of political merchandise. In some instances, these street vendors
did not have a City issued permit and were issued a notice of violation, which eventually
led to the street vendor obtaining a permit from the City. It should be noted that cities
including Rancho Palos Verdes are prohibited from regulating the content of the
merchandise or products sold as it relates to freedom of speech or its equivalent as
discussed below.
Staff proposes amendments to the existing ordinance to enhance the City’s regulatory
authority while remaining in compliance with SB 946 for the City Council’s consideration.
DISCUSSION:
Tonight, Staff recommends amending Chapter 5.28 of the RPVMC to assist the City’s
Code Enforcement Division to more effectively regulate sidewalk vending based on its
field observations. In summary, the proposed amendments consist of the following:
• Section 5.28.010 (Purpose) to include a detailed findings section, which will further
explain the scope and intent of the Chapter.
• Section 5.28.030 (Definitions) to include more relevant definitions related to sidewalk
vending.
• Section 5.28.070 (Vendor Operational Requirements) to include additional
requirements to allowable vendor operations.
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• Section 5.28.080 (Violations) to be better address how violations of the Chapter are
managed.
The proposed code amendments to this chapter are summarized in Table No. 1 below.
Specific redlined amendments are shown with deleted text in strikethrough and new text
in underline can be reviewed in the Proposed Redlined Street Vending Ordinance
Updates document (Attachment C).
Table No. 1- Summary of Proposed Code Amendments
5.28.010
Purpose and
Findings
The proposed amendments include a Findings section, which
better explains the scope and intent of the Sidewalk Vendor
Ordinance including, but not limited to, preservation of public right-
of-way to facilitate pedestrian travel next to schools, places of
worship and public transit facilities. The Findings section also
includes provisions to limit obstacles in the public right-of-way to
safeguard accessibility standards for disabled persons. The
Findings section sets forth limitations on street vending around
public parks, which are generally located in residential areas and
not considered commercial areas.
5.28.030
Definitions
New definitions have been added, which expand the current list of
definitions to include, but not limited to, the location and placement
farmer’s markets and swap meets per government code sections.
The definition of public property has also been expanded to include
rails, trailheads and parking lots as real property owned or
controlled by the City or other public agency and subject to
provisions of the Street Vending Ordinance.
5.28.070
Vendor
Operational
Requirements
The proposed amendments expand upon existing vendor
operational requirements to be clearer and easier to understand.
Updated operational requirements include, but are not limited to,
clarifications to operational hours, noise, location and safety
standards.
5.28.080
Violations
The proposed amendments to the Violations section include
updates to better address how violations of the code are managed
including, but not limited to, clarifications on suspension of vendor
permits for noncompliance.
The proposed code amendments will provide for an updated Sidewalk Vending Program
within the City that is in compliance with State law and protects and promotes public
health, safety, and welfare. In addition, the proposed code amendments will assist the
City’s Code Enforcement Division by having an improved violations section with added
clarity. The vendor operational requirements updates will make it easier for an Applicant
to understand and be in compliance with street vending regulations.
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Following the introduction of this proposed ordinance, the second reading of the
ordinance is tentatively scheduled for June 3, 2025. If adopted by the City Council, the
ordinance would go into effect on July 3, 2025.
ADDITIONAL INFORMATION:
Limitations on the Regulation of Free Speech
The City’s Code Enforcement Division cannot deny a Sidewalk Vendor Permit application
based on the selling of merchandise that may be deemed offensive by the public due to
the First Amendment of the U.S Constitution. More specifically, the City’s Code
Enforcement Division is not able to regulate speech on the basis of content or viewpoint.
Such regulations are subject to the strict scrutiny test under the First Amendment of the
U.S Constitution.
Environmental Assessment
The proposed code amendments to Title 5 (Business Taxes, Licenses and Regulations)
of the RPVMC are exempt from the requirements of the California Environmental Quality
Act (CEQA) because: (1) it does not constitute a “project” under CEQA Guidelines Section
15378(b)(2), in that it constitutes general policy and procedure making; (2) it does not
constitute a “project” under CEQA Guidelines Section 15378(b)(5) in that it has no
potential for resulting in a physical change to the environment, either directly or indirectly;
and (3) in the alternative, it is exempt from CEQA pursuant to CEQA Guidelines Section
15060(c)(2), since the activity will not result in direct or reasonably foreseeable indirect
physical change in the environment, and Section 15061(b)(3) since it can be seen with
certainty that there is no possibility that this ordinance will have a significant effect on the
environment.
CONCLUSION:
Based on the information highlighted in this report Staff recommends the City Council
introduce the attached ordinance (Attachment A) thereby amending Chapter 5.28 of the
RPVMC to enhance the City’s regulatory authority of street vending allowed per SB 946.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Identify text modifications to the proposed ordinance language and direct Staff
to return at the next available meeting to incorporate comments made to
develop and refine the proposed code amendment.
2. Do not Introduce the proposed code amendment.
3. Take no action.
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Ordinance No. ____
Page 1 of 11
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTIONS 5.28.010 (PURPOSE),
5.28.030 (DEFINITIONS), 5.28.070 (VENDOR
OPERATIONAL REQUIREMENTS), AND 5.28.080
(VIOLATIONS) OF CHAPTER 5.28 (VENDING ON PUBLIC
PROPERTY) OF TITLE 5 (BUSINESS TAXES, LICENSES
AND REGULATIONS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO UPDATE SIDEWALK VENDING
REQUIREMENTS FOR CONSISTENCY WITH SENATE BILL
NO. 946
WHEREAS, Senate Bill No. 946, commonly known as the Safe Sidewalk Vending
Act (“SB 946”), went into effect on January 1, 2019; and
WHEREAS, SB 946 prohibits a local agency from regulating sidewalk vendors,
except in accordance with the provisions of the Act. SB 946 decriminalizes sidewalk
vending in California and requires local authorities to allow the same. Local agency
regulations may be adopted and the same be required of sidewalk vendors provided the
same are directly related to objectively demonstrable health, safety, or welfare matters;
and
WHEREAS, The City last updated Chapter 5.28 (Vending on Public Property) of
the Rancho Palos Verdes Municipal Code (RPVMC) on October 19, 2021. Proposed
Code Amendments to this Chapter will update the City’s Sidewalk Vending Program.
Updating the vendor operational requirements will clarify the requirements so that
sidewalk vending can be better regulated; and
WHEREAS, the City Council of the City of Rancho Palos Verdes desires to comply
with SB 946 and to amend its Municipal Code consistent with the same.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The foregoing Recitals are true and correct and are incorporated
herein by reference.
Section 2. Sections 5.28.010 (Purpose), 5.28.030 (Definitions), 5.28.070 (Vendor
operational requirements), and 5.28.080 (Violations) of Chapter 5.28 (Vending on Public
Property) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos
Verdes Municipal Code are amended, in their entirety, to read as follows:
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“5.28.010. – Purpose and Findings.
A. Purpose. The purpose of this Article is to promote consistency in the
application of this Sidewalk Vendor Program in conformance with state law.
B. Findings. The City Council hereby finds as follows:
1. Public sidewalks and other pedestrian paths (collectively "public
rights-of-way") are intended for pedestrian travel; and
2. Federal and state laws require that cities meet certain accessibility
standards for disabled persons traveling on public rights-of-way; and
3. Government Code §§ 51036—51039 decriminalize sidewalk vending
and allow the City to adopt a program regulating sidewalk vendors in
compliance therewith; and
4. Sidewalk vendors have the potential to take up space on public
rights-of-way and attract customers so as to create additional
obstacles for pedestrians to avoid while traveling on public rights-of-
way; and
5. Sidewalk vendors and their customers may generate trash, noise
and other impacts to public rights-of-way and abutting properties;
and
6. Certain public rights-of-way are located next to venues where large
crowds of people may assemble for events, creating significant
demand for limited sidewalk space on event days, including, but not
limited to, sidewalks located next to red curbs for emergency
vehicles, pedestrians entering and exiting buildings, and motor
vehicles dropping off and picking up passengers; and
7. Certain public rights-of-way are located next to schools, places of
worship, hospitals, police stations, jails, fire stations, public transit
facilities, or industrial facilities protected by Penal Code §§ 552—
555.5, which require additional restrictions on sidewalk vending to
facilitate pedestrian access; and
8. Certain public rights-of-way are located in public parks and
exclusively zoned residential areas which are not considered
commercial areas and require additional restrictions on sidewalk
vendors to facilitate pedestrian access; and
9. It is necessary for the City Council to adopt a well-regulated Sidewalk
Vendor Program to balance the competing uses of public rights-of-
way in order to protect the health, safety and welfare of the general
public; and
10. Nothing in this Sidewalk Vendor Program shall be construed to
prohibit the prosecution of sidewalk vendors who fail to comply with
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other provisions of law not preempted by Government Code §§
51036—51039, including, but not limited to, trespassing, failing to
pay taxes, selling counterfeit merchandise, selling food in violation of
the Health and Safety Code, and operating from a sidewalk located
within five hundred feet of a freeway ramp in violation of the Vehicle
Code.
5.28.030. – Definitions.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning.
Captive audience means one or more purposefully stationary persons,
such as persons in lines, on public transportation, or seated in public areas.
Certified farmers’ market means a location operated in accordance with
Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food
and Agricultural Code and any regulations adopted pursuant to that chapter.
City means the City of Rancho Palos Verdes.
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.
Director means the director of community development and includes
their designee.
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.
Nonprofit organization means a nonprofit corporation that has obtained
recognized state or federal tax-exempt status.
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Owner means and includes every person having legal title to any
vehicle, or commercial vehicle, from which street vending takes place.
Permittee means the permit holder, and shall include their designees,
employees, agents, or representatives.
Person means any natural person, firm, partnership, association,
corporation or other entity of any kind or nature.
Public property means rights-of-way and real property owned or
controlled by the city or other public agency or entity, including parks, nature
preserves, trails, trailheads, parking lots, beaches and open spaces.
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.
Roaming sidewalk vendor means a sidewalk vendor who moves from
place to place and stops only to complete a transaction.
Sidewalk vendor means a person who sells food, goods, or
merchandise from a pushcart, stationary cart or other nonmotorized
equipment, or other temporary set-up or kiosk, vehicle, or from one's
person, upon a public street, sidewalk or other pedestrian path, and park
grounds, or other public property.
Sidewalk vendor law means Government Code §§ 51036—51039,
including any amendments, additions, or successor statutes thereto.
Stationary sidewalk vendor means a sidewalk vendor who vends from
a fixed location.
Swap meet means a location operated in accordance with Article 6
(commencing with Section 21660) of Chapter 9 of Division 8 of the Business
and Professions Code, and any regulations adopted pursuant to that article.
Vending means selling food, goods, or merchandise from either a
stationary or roaming pushcart, stand, table, display, pedal-driven cart,
wagon, showcase, rack, nonmotorized conveyance, or other temporary set -
up or kiosk, vehicle, or from one's person, upon a public street, sidewalk or
other pedestrian path, and park grounds.
5.28.070. – Vendor operational requirements.
A. Vendors must store and display all food, goods, or merchandise within
a ten-foot radius of their conveyance to ensure clear pedestrian pathways,
maintain public safety, and uphold sanitary conditions in public spaces.
B. No vendor shall park or stand a nonmotorized conveyance used for
vending in a manner which causes a hazard to vehicular or pedestrian
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traffic, and no vendor shall distribute any item from a nonmotorized
conveyance in a manner that causes any person to stand in that portion of
the street that is between the nonmotorized conveyance and the center of
the street.
C. No vendor shall operate on any street or sidewalk between 6:00 p.m.
and 7:00 a.m., unless this time restriction is consistent with limitations
imposed on other businesses or uses on the same street in nonresidential
areas. This policy is implemented to ensure that vending operations do not
disrupt public safety, traffic flow, or nighttime tranquility, while maintaining
consistency with existing regulations for other commercial activities in the
area.
D. No vendor shall vend unless they maintain a clearly designated litter
receptacle in the immediate vicinity of the conveyance, marked with a sign
requesting use by patrons. Prior to leaving the location, the vendor shall
pick up, remove, and dispose of all trash or refuse which consists of
materials originally dispensed by the vendor, including any packages or
containers, or parts thereof, used with or for dispensing the food, goods or
merchandise being sold.
E. The vendor shall not make any outcry, blow a horn, ring a bell, or use
any sound devices or musical instrument upon any of the streets, alleys,
parks or other public places of this city where sound is of sufficient volume
to be capable of being plainly heard upon the public sidewal ks or streets,
public parks or other public places, for the purpose of attracting attention to
any food, goods, or merchandise which the permittee proposes to sell. This
restriction is in place to prevent excessive noise that could disrupt public
tranquility, interfere with residential and commercial activities, and maintain
a peaceful environment for all community members.
F. Airborne signs such as balloons, banners, feather flags, pennants, as
well as flags, are prohibited as visual distractions and safety hazards for
pedestrians and drivers alike to use due care in their travels, thereby
promoting a safer and more orderly public environment.
G. 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 Americans with Disabilities Act.
H. Vending areas must be located at least 30 feet away from any
intersection or driveway to ensure unobstructed visibility for drivers and
pedestrians, thereby enhancing traffic safety and reducing the risk of
accidents.
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I. Vendors are prohibited from persistently and impertinently attempting to
sell food, goods, or merchandise to any individual after that person has
expressed a desire not to make a purchase, ensuring a respectful and non-
coercive environment for the public.
J. No vendor shall impede or obstruct the free movement of any member
of the public on any public sidewalk or street or in any public place.
K. No vendor shall obstruct the visibility of any vehicle traveling upon, from,
or to public streets.
L. No vendor shall sell any items to a captive audience, ensuring that sales
are conducted in a free and voluntary manner.
M. No vendor shall threaten injury or bodily harm to any member of the
public who declines to purchase any items being sold, either by word or
gesture, such that the same would cause a reasonable person fear of injury
to such person or such person’s property.
N. No vendor shall sell or attempt to sell to the occupants of vehicles
standing or moving upon any public street or highway. Nothing in this
subsection shall be construed to prohibit sales to the occupants of any
vehicle that is lawfully parked.
O. No vendor shall park or stand any nonmotorized conveyance in violation
of any conditions included in the permit.
P. No vendor shall sell from any nonmotorized conveyance not identified in
the application.
Q. No vendor shall stop, stand or park any nonmotorized conveyance in
violation of any provision of the state Vehicle Code or this Code.
R. To maintain accessibility standards for the city's disabled residents,
every vendor operating on public property must ensure that no obstruction
is placed on public property that would reduce the width of access to less
than 48 inches, exclusive of the top of the curb. No obstruction shall be
located in a sidewalk or public right-of-way less than six feet in width when
the sidewalk is adjacent to the curb.
S. Vendors of food or food products shall possess and display in plain view
on the vending cart or conveyance a valid public health permit from the
county department of public health.
T. A vending permit does not provide an exclusive right to operate within
any specific portion of the public right-of-way.
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U. No equipment or objects used for vending purposes may be left or
maintained in public spaces or in any portion of the public right -of-way
during the hours stated in subsection C of this section. Any equipment or
objects left overnight in public spaces or in any portion of the public right-
of-way in any residential area will be considered discarded and may be
seized or disposed of by the city.
V. To facilitate the enforcement of this chapter, every vendor must display
their city-issued vending permit on the street-side portion of their pushcart,
stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance when operating in the public right-of-way.
W. To prevent unintended rolling or slipping, a vendor is prohibited from
operating a pushcart, pedal-driven cart, wagon, or other nonmotorized
conveyance on a public-right-of-way with a slope greater than five percent.
X. A vendor shall not engage in the selling of alcohol, marijuana, tobacco
products, products that contain nicotine or any product used to smoke/vape
nicotine or marijuana, to ensure the safety and well-being of the community,
particularly in preventing underage access to harmful substances.
Y. 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, to maintain public safety
and prevent obstruction of public infrastructure.
Z. Stationary sidewalk vendors are prohibited from operating in areas that
are exclusively residential.
AA. A vendor is prohibited from operating within 750 feet of a permitted
certified farmers' market, a permitted swap meet, or any area subject to a
special use permit or special event permit for the duration of the permit, so
as to reduce congestion.
BB. To limit traffic congestion and protect the safety of children traveling to
and from and in and around schools from potential adverse safety impacts
due, in part, to sidewalk congestion, no vendor is permitted to operate within
750 feet of a public or private school during the period extending of one
hour before the start of classes and one hour after the end of classes or
after school activities.
CC. To protect the health and safety of school children, no state -registered
sex offender may operate as a vendor within 750 feet of a public or private
school at any time.
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DD. A vendor is prohibited from publishing, uttering or disseminating any
false, deceptive or misleading statements or advertisements in connection
with the permitted business.
EE. A vendor shall not conduct the permitted business as a public nuisance.
FF. See section 12.16.170 (Vending, commercial services, and industrial
activities regulated in parks, preserve, beaches, and recreational facilities)
for additional operational procedures for vending in parks, preserves, trails,
trailheads, parking lots, beaches and recreational facilities.
5.28.080. – Violations.
A. The city may revoke a vending permit issued to a vendor for the term of that
permit upon the fourth violation or subsequent violations of any of the
requirements of this ordinance by the permit holder.
B. A permit may be suspended based on the following grounds:
1. Revocation, suspension, or nonrenewal of the required county health
department permit, if applicable for food vendors. A permit shall not be
reinstated until the applicable health permit is reinstated.
2. If any immediate danger to the public health or safety is found, unless
the danger is immediately corrected, the director may temporarily
suspend the permit and order the operation to cease. The term
"immediate danger to the public health and safety" means any violation
of a county health department permit; any condition, based upon
inspection findings or other evidence, that can cause food infection, food
intoxication, disease transmission or hazardous condition, including, but
not limited to, unsafe food temperature, sewage contamination,
nonpotable water supply, or an employee who is a carrier of a
communicable disease; or the vendor has conducted the vending in a
manner which endangers the public health or safety.
C. A permittee whose permit was revoked shall not be issued a permit for
the same products or general location in accordance with this chapter for
vending within the city for a period of three months for the first revocation,
six months for the second revocation, and one year for the third or
subsequent revocation from the date suspension or revocation be comes
final.
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D. Suspension or revocation of a vending permit may be appealed pursuant
to the provisions of Section 5.28.050 of this code. No vending shall be
permitted during the pendency of an appeal.
E. A violation by a vending permit holder of this chapter is punishable only
by the following administrative citations pursuant to Section 1.08.010 of
the RPVMC, provided that a permit may be immediately revoked on the
grounds provided under subsection (A) of this section:
1. An administrative fine not exceeding $100.00 for a first violation.
2. An administrative fine not exceeding $200.00 for a second violation
within one year of the first violation.
3. An administrative fine not exceeding $500.00 for each additional
violation within one year of the first violation.
F. Vending without a vending permit may be punishable by the following
administrative citations pursuant to Section 5.28.080 of the RPVMC in
lieu of the administrative fines set forth in subsection (E) of this section:
1. An administrative fine not exceeding $250.00 for a first violation.
2. An administrative fine not exceeding $500.00 for a second violation
within one year of the first violation.
3. An administrative fine not exceeding $1,000.00 for each additional
violation within one year of the first violation.
G. Upon proof of a valid permit issued by the city, the administrative fines
set forth in subsection F of this section shall be reduced to the
administrative fines set forth in subsection E of this section,
respectively.”
Section 3. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (“CEQA”) because: (1) it does
not constitute a “project” under CEQA Guidelines § 15378(b)(2), in that it constitutes
general policy and procedure making; (2) it does not constitute a “project” under CEQA
Guidelines § 15378(b)(5) in that it has no potential for resulting in physical change to the
environment, either directly or indirectly; and (3) in the alternative, it is exempt from CEQA
pursuant to CEQA Guidelines § 15060(c)(2), since the activity will not result in direct or
reasonably foreseeable indirect physical change in the environment, and Section
15061(b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
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sentences, clauses or phrases of this Ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 5. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting, to be entered in the Book
of Ordinances of the Council of this City.
Section 6. Effective Date. This Ordinance shall go into effect at 12:01 AM on the
31st day after its passage.
PASSED, APPROVED and ADOPTED this ___day of May, 2025.
______________________________
David Bradley, Mayor
ATTEST:
_______________________
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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; and that
the foregoing Ordinance No. ___ was introduced by the City Council of said City at a
regular meeting thereof held on May ___, 2025, and that the same was passed and
adopted by the following roll call vote:
AYES:
NOES:
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Ordinance No. ____
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ABSENT:
ABSTAIN:
_______________________
City Clerk
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Senate Bill No. 946
CHAPTER 459
An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of
Division 1 of Title 5 of the Government Code, relating to sidewalk vendors.
Approved by Governor September 17, 2018. Filed with
Secretary of State September 17, 2018.]
legislative counsel’s digest
SB 946, Lara. Sidewalk vendors.
Existing law authorizes a local authority, by ordinance or resolution, to
adopt requirements for the public safety regulating any type of vending and
the time, place, and manner of vending from a vehicle upon a street.
This bill would prohibit a local authority, as defined, from regulating
sidewalk vendors, except in accordance with the provisions of the bill. The
bill would provide that a local authority is not required to adopt a new
program to regulate sidewalk vendors if the local authority has established
an existing program that substantially complies with the provisions of the
bill. The bill would apply these provisions to a chartered or general law city,
county, or city and county.
The bill would require a local authority that elects to adopt a sidewalk
vending program to, among other things, not require a sidewalk vendor to
operate within specific parts of the public right-of-way, except when that
restriction is directly related to objective health, safety, or welfare concerns,
and not restrict sidewalk vendors to operate only in a designated
neighborhood or area, except as specified. The bill would authorize a local
authority to, by ordinance or resolution, adopt additional requirements
regulating the time, place, and manner of sidewalk vending, as specified,
if the requirements are directly related to objective health, safety, or welfare
concerns. The bill would also authorize a local authority to prohibit sidewalk
vendors in areas located within the immediate vicinity of a permitted certified
farmers’ market and a permitted swap meet, as specified, and to restrict or
prohibit sidewalk vendors within the immediate vicinity of an area designated
for a temporary special permit issued by the local authority, as specified. A
violation would be punishable only by an administrative fine, as specified,
pursuant to an ability-to-pay determination, and proceeds would be deposited
in the treasury of the local authority.
The bill would require the dismissal of any criminal prosecutions under
any local ordinance or resolution regulating or prohibiting sidewalk vendors
that have not reached final judgment. The bill would also authorize a person
who is currently serving, or who completed, a sentence, or who is subject
to a fine, for a conviction of a misdemeanor or infraction for sidewalk
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vending, as specified, to petition for dismissal of the sentence, fine, or
conviction.
Existing constitutional provisions require that a statute that limits the
right of access to the meetings of public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the interest
protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The people of the State of California do enact as follows:
SECTION 1. (a)The Legislature finds and declares all of the following:
1)Sidewalk vending provides important entrepreneurship and economic
development opportunities to low-income and immigrant communities.
2)Sidewalk vending increases access to desired goods, such as culturally
significant food and merchandise.
3)Sidewalk vending contributes to a safe and dynamic public space.
4)The safety and welfare of the general public is promoted by
encouraging local authorities to support and properly regulate sidewalk
vending.
5)The safety and welfare of the general public is promoted by
prohibiting criminal penalties for violations of sidewalk vending ordinances
and regulations.
6)This act applies to any city, county, or city and county, including a
charter city. The criminalization of small business entrepreneurs, and the
challenges that those entrepreneurs face as a result of a criminal record, are
matters of statewide concern. Further, 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.
b)It is the intent of the Legislature to promote entrepreneurship and
support immigrant and low-income communities.
SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part
1 of Division 1 of Title 5 of the Government Code, to read:
Chapter 6.2. Sidewalk Vendors
51036. For purposes of this chapter, the following definitions apply:
a)Sidewalk vendor” means a person who sells food 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
sidewalk or other pedestrian path.
b)Roaming sidewalk vendor” means a sidewalk vendor who moves
from place to place and stops only to complete a transaction.
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c)Stationary sidewalk vendor” means a sidewalk vendor who vends
from a fixed location.
d)Local authority” means a chartered or general law city, county, or
city and county.
51037. (a)A local authority shall not regulate sidewalk vendors except
in accordance with Sections 51038 and 51039.
b)Nothing in this chapter shall be construed to affect the applicability
of Part 7 (commencing with Section 113700) of Division 104 of the Health
and Safety Code to a sidewalk vendor who sells food.
c)Nothing in this chapter shall be construed to require a local authority
to adopt a new program to regulate sidewalk vendors if the local authority
has established an existing program that substantially complies with the
requirements in this chapter.
51038. (a)A local authority may adopt a program to regulate sidewalk
vendors in compliance with this section.
b)A local authority’s sidewalk vending program shall comply with all
of the following standards:
1)A local authority shall not require a sidewalk vendor to operate within
specific parts of the public right-of-way, except when that restriction is
directly related to objective health, safety, or welfare concerns.
2)A) A local authority shall not prohibit a sidewalk vendor from selling
food or merchandise in a park owned or operated by the local authority,
except the local authority may prohibit stationary sidewalk vendors from
vending in the park only if the operator of the park has signed an agreement
for concessions that exclusively permits the sale of food or merchandise by
the concessionaire.
B)Notwithstanding subparagraph (A), a local authority may adopt
additional requirements regulating the time, place, and manner of sidewalk
vending in a park owned or operated by the local authority if the
requirements are any of the following:
i)Directly related to objective health, safety, or welfare concerns.
ii)Necessary to ensure the public’s use and enjoyment of natural
resources and recreational opportunities.
iii)Necessary to prevent an undue concentration of commercial activity
that unreasonably interferes with the scenic and natural character of the
park.
3)A local authority shall not require a sidewalk vendor to first obtain
the consent or approval of any nongovernmental entity or individual before
he or she can sell food or merchandise.
4)A) A local authority shall not restrict sidewalk vendors to operate
only in a designated neighborhood or area, except when that restriction is
directly related to objective health, safety, or welfare concerns.
B)Notwithstanding subparagraph (A), a local authority may prohibit
stationary sidewalk vendors in areas that are zoned exclusively residential,
but shall not prohibit roaming sidewalk vendors.
5)A local authority shall not restrict the overall number of sidewalk
vendors permitted to operate within the jurisdiction of the local authority,
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unless the restriction is directly related to objective health, safety, or welfare
concerns.
c)A local authority may, by ordinance or resolution, adopt additional
requirements regulating the time, place, and manner of sidewalk vending
if the requirements are directly related to objective health, safety, or welfare
concerns, including, but not limited to, any of the following:
1)Limitations on hours of operation that are not unduly restrictive. In
nonresidential areas, any limitations on the hours of operation for sidewalk
vending shall not be more restrictive than any limitations on hours of
operation imposed on other businesses or uses on the same street.
2)Requirements to maintain sanitary conditions.
3)Requirements necessary to ensure compliance with the federal
Americans with Disabilities Act of 1990 (Public Law 101-336) and other
disability access standards.
4)Requiring the sidewalk vendor to obtain from the local authority a
permit for sidewalk vending or a valid business license, provided that the
local authority issuing the permit or business license accepts a California
driver’s license or identification number, an individual taxpayer identification
number, or a municipal identification number in lieu of a social security
number if the local authority otherwise requires a social security number
for the issuance of a permit or business license, and that the number collected
shall not be available to the public for inspection, is confidential, and shall
not be disclosed except as required to administer the permit or licensure
program or comply with a state law or state or federal court order.
5)Requiring the sidewalk vendor to possess a valid California
Department of Tax and Fee Administration seller’s permit.
6)Requiring additional licenses from other state or local agencies to
the extent required by law.
7)Requiring compliance with other generally applicable laws.
8)Requiring a sidewalk vendor to submit information on his or her
operations, including, but not limited to, any of the following:
A)The name and current mailing address of the sidewalk vendor.
B)A description of the merchandise offered for sale or exchange.
C)A certification by thevendor that to his or her knowledge and belief,
the information contained on the form is true.
D)The California seller’s permit number (California Department of
Tax and Fee Administration sales tax number), if any, of the sidewalk
vendor.
E)If the sidewalk vendor is an agent of an individual, company,
partnership, or corporation, the name and business address of the principal.
d)Notwithstanding subdivision (b), a local authority may do both of
the following:
1)Prohibit sidewalk vendors in areas located within the immediate
vicinity of a permitted certified farmers’ market or a permitted swap meet
during the limited operating hours of that certified farmers’ market or swap
meet. A “certified farmers’ market” means a location operated in accordance
with Chapter 10.5 (commencing with Section 47000) of Division 17 of the
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Food and Agricultural Code and any regulations adopted pursuant to that
chapter. A “swap meet” means a location operated in accordance with Article
6 (commencing with Section 21660) of Chapter 9 of Division 8 of the
Business and Professions Code, and any regulations adopted pursuant to
that article.
2)Restrict or prohibit sidewalk vendors within the immediate vicinity
of an area designated for a temporary special permit issued by the local
authority, provided that any notice, business interruption mitigation, or other
rights provided to affected businesses or property owners under the local
authority’s temporary special permit are also provided to any sidewalk
vendors specifically permitted to operate in the area, if applicable. For
purposes of this paragraph, a temporary special permit is a permit issued
by the local authority for the temporary use of, or encroachment on, the
sidewalk or other public area, including, but not limited to, an encroachment
permit, special event permit, or temporary event permit, for purposes
including, but not limited to, filming, parades, or outdoor concerts. A
prohibition of sidewalk vendors pursuant to this paragraph shall only be
effective for the limited duration of the temporary special permit.
e)For purposes of this section, perceived community animus or
economic competition does not constitute an objective health, safety, or
welfare concern.
51039. (a)1)A violation of a local authority’s sidewalk vending
program that complies with Section 51038 is punishable only by the
following:
A)An administrative fine not exceeding one hundred dollars ($100) for
a first violation.
B)An administrative fine not exceeding two hundred dollars ($200) for
a second violation within one year of the first violation.
C)An administrative fine not exceeding five hundred dollars ($500) for
each additional violation within one year of the first violation.
2)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.
3)A)If a local authority requires a sidewalk vendor to obtain a
sidewalk vending permit from the local authority, vending without a sidewalk
vending permit may be punishable by the following in lieu of the
administrative fines set forth in paragraph (1):
i)An administrative fine not exceeding two hundred fifty dollars ($250)
for a first violation.
ii)An administrative fine not exceeding five hundred dollars ($500) for
a second violation within one year of the first violation.
iii)An administrative fine not exceeding one thousand dollars ($1,000)
for each additional violation within one year of the first violation.
B)Upon proof of a valid permit issued by the local authority, the
administrative fines set forth in this paragraph shall be reduced to the
administrative fines set forth in paragraph (1), respectively.
b)The proceeds of an administrative fine assessed pursuant to
subdivision (a) shall be deposited in the treasury of the local authority.
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c)Failure to pay an administrative fine pursuant to subdivision (a) shall
not be punishable as an infraction or misdemeanor. Additional fines, fees,
assessments, or any other financial conditions beyond those authorized in
subdivision (a) shall not be assessed.
d)1)A violation of a local authority’s sidewalk vending program that
complies with Section 51038, or a violation of any rules or regulations
adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors
in the jurisdiction of a local authority, shall not be punishable as an infraction
or misdemeanor, and the person alleged to have violated any of those
provisions shall not be subject to arrest except when permitted under law.
2)Notwithstanding any other law, paragraph (1) shall apply to all
pending criminal prosecutions under any local ordinance or resolution
regulating or prohibiting sidewalk vendors. Any of those criminal
prosecutions that have not reached final judgment shall be dismissed.
e)A local authority that has not adopted rules or regulations by ordinance
or resolution that comply with Section 51037 shall not cite, fine, or prosecute
a sidewalk vendor for a violation of any rule or regulation that is inconsistent
with the standards described in subdivision (b) Section 51038.
f)1)When assessing an administrative fine pursuant to subdivision
a), the adjudicator shall take into consideration the person’s ability to pay
the fine. The local authority shall provide the person with notice of his or
her right to request an ability-to-pay determination and shall make available
instructions or other materials for requesting an ability-to-pay determination.
The person may request an ability-to-pay determination at adjudication or
while the judgment remains unpaid, including when a case is delinquent or
has been referred to a comprehensive collection program.
2)If the person meets the criteria described in subdivision (a) or (b) of
Section 68632, the local authority shall accept, in full satisfaction, 20 percent
of the administrative fine imposed pursuant to subdivision (a).
3)The local authority may allow the person to complete community
service in lieu of paying the total administrative fine, may waive the
administrative fine, or may offer an alternative disposition.
g)1)A person who is currently serving, or who completed, a sentence,
or who is subject to a fine, for a conviction of a misdemeanor or infraction
for sidewalk vending, whether by trial or by open or negotiated plea, who
would not have been guilty of that offense under the act that added this
section had that act been in effect at the time of the offense, may petition
for dismissal of the sentence, fine, or conviction before the trial court that
entered the judgment of conviction in his or her case.
2)Upon receiving a petition under paragraph (1), the court shall presume
the petitioner satisfies the criteria in paragraph (1) unless the party opposing
the petition proves by clear and convincing evidence that the petitioner does
not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1),
the court shall grant the petition to dismiss the sentence or fine, if applicable,
and dismiss and seal the conviction, because the sentence, fine, and
conviction are legally invalid.
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3)Unless requested by the petitioner, no hearing is necessary to grant
or deny a petition filed under paragraph (1).
4)If the court that originally sentenced or imposed a fine on the
petitioner is not available, the presiding judge shall designate another judge
to rule on the petition.
5)Nothing in this subdivision is intended to diminish or abrogate any
rights or remedies otherwise available to the petitioner.
6)Nothing in this subdivision or related provisions is intended to
diminish or abrogate the finality of judgments in any case not falling within
the purview of this chapter.
SEC. 3. The Legislature finds and declares that Section 2 of this act,
which adds Section 51038 to the Government Code, imposes a limitation
on the public’s right of access to the meetings of public bodies or the writings
of public officials and agencies within the meaning of Section 3 ofArticle
I of the California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that interest:
The Legislature finds and declares that in order to protect the privacy of
a sidewalk vendor with regard to his or her California driver’s license or
identification number, individual taxpayer identification number, or
municipal identification number, when that number is collected in lieu of
a social security number for purposes of the issuance of a permit or business
license, it is necessary that the sidewalk vendor’s number be confidential,
except as provided in this act.
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City of Rancho Palos Verdes
Proposed Redlined Street Vending Ordinance Updates
Proposed code amendments with deleted text in strikethrough and new text in underline:
5.28.010. – Purpose and Findings.
The city council finds that vending provides important entrepreneurship and
economic development opportunities to disproportionate communities; increases
access to desired goods, such as culturally significant food and merchandise;
contributes to a safe and dynamic public space; and that safety and welfare of the
general public is promoted by encouraging local authorities to support and properly
regulate vending.
The city council further finds that these regulations are necessary to ensure that
vending does not threaten the public health and safety.
A. Purpose. The purpose of this Article is to promote consistency in the
application of this Sidewalk Vendor Program in conformance with state law.
B. Findings. The City Council hereby finds as follows:
1. Public sidewalks and other pedestrian paths (collectively "public
rights-of-way") are intended for pedestrian travel; and
2. Federal and state laws require that cities meet certain accessibility
standards for disabled persons traveling on public rights-of-way; and
3. Government Code Sections 51036—51039 decriminalize sidewalk
vending and allow the City to adopt a program regulating sidewalk
vendors in compliance therewith; and
4. Sidewalk vendors have the potential to take up space on public
rights-of-way and attract customers so as to create additional
obstacles for pedestrians to avoid while traveling on public rights-of-
way; and
5. Sidewalk vendors and their customers may generate trash, noise
and other impacts to public rights-of-way and abutting properties; and
6. Certain public rights-of-way are located next to venues where large
crowds of people assemble may for events, creating significant
demand for limited sidewalk space on event days, including, but not
limited to, sidewalks located next to red curbs for emergency vehicles,
pedestrians entering and exiting buildings, and motor vehicles
dropping off and picking up passengers; and
7. Certain public rights-of-way are located next to schools, places of
worship, hospitals, police stations, jails, fire stations, public transit
facilities, or industrial facilities protected by Penal Code Sections 552—
555.5, which require additional restrictions on sidewalk vending to
facilitate pedestrian access; and
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8. Certain public rights-of-way are located in public parks and
exclusively zoned residential areas which are not considered
commercial areas and require additional restrictions on sidewalk
vendors to facilitate pedestrian access; and
9. It is necessary for the City Council to adopt a well-regulated
Sidewalk Vendor Program to balance the competing uses of public
rights-of-way in order to protect the health, safety and welfare of the
general public; and
10. Nothing in this Sidewalk Vendor Program shall be construed to
prohibit the prosecution of sidewalk vendors who fail to comply with
other provisions of law not preempted by Government Code Sections
51036—51039, including, but not limited to, trespassing, failing to pay
taxes, selling counterfeit merchandise, selling food in violation of the
Health and Safety Code, and operating from a sidewalk located within
five hundred feet of a freeway ramp in violation of the Vehicle Code.
5.28.030. – Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning.
Captive audience means one or more purposefully stationary persons, such as
persons in lines, on public transportation, or seated in public areas.
Certified farmers’ market means a location operated in accordance with Chapter
10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code
and any regulations adopted pursuant to that chapter.
City means the City of Rancho Palos Verdes.
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.
Director means the director of community development and includes their
designee.
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.
Nonprofit organization means a nonprofit corporation that has obtained recognized
state or federal tax-exempt status.
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Owner means and includes every person having legal title to any vehicle, or
commercial vehicle, from which street vending takes place.
Permittee means the permit holder, and shall include their designees, employees,
agents, or representatives.
Person means any natural person, firm, partnership, association, corporation or
other entity of any kind or nature.
Public property means rights-of-way and real property owned or controlled by the
city or other public agency or entity, including parks, nature preserves, trails, trailheads,
parking lots, beaches and open spaces.
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.
Roaming sidewalk vendor means a sidewalk vendor who moves from place to
place and stops only to complete a transaction.
Sidewalk vendor means a person who sells food, goods, or merchandise from a
pushcart, stationary cart or other nonmotorized equipment, or other temporary set-up or
kiosk, vehicle, or from one's person, upon a public street, sidewalk or other pedestrian
path, and park grounds, or other public property.
Sidewalk vendor law means Government Code Sections 51036—51039, including
any amendments, additions, or successor statutes thereto.
Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed
location.
Swap meet means a location operated in accordance with Article 6 (commencing
with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code,
and any regulations adopted pursuant to that article.
Vending means selling food, goods, or merchandise from either a stationary or
roaming pushcart, stand, table, display, pedal-driven cart, wagon, showcase, rack,
nonmotorized conveyance, or other temporary set-up or kiosk, vehicle, or from one's
person, upon a public street, sidewalk or other pedestrian path, and park grounds.
5.28.070. – Vendor operational requirements.
A. No vendor shall store or display any food, goods or merchandise outside a ten -foot
radius encircling the conveyance. Vendors must store and display all food, goods,
or merchandise within a ten-foot radius of their conveyance to ensure clear
pedestrian pathways, maintain public safety, and uphold sanitary conditions in
public spaces.
B. No vendor shall park or stand a nonmotorized conveyance used for vending in a
manner which causes a hazard to vehicular or pedestrian traffic, and no vendor
shall distribute any item from a nonmotorized conveyance in a manner that causes
any person to stand in that portion of the street that is between the nonmotorized
conveyance and the center of the street.
C. No vendor shall operate on any street or sidewalk during the hours of 6:00 p.m.
through 7:00 a.m. No vendor shall operate on any street or sidewalk between 6:00
p.m. and 7:00 a.m., unless this time restriction is consistent with limitations imposed
on other businesses or uses on the same street in nonresidential areas. This policy
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is implemented to ensure that vending operations do not disrupt public safety, traffic
flow, or nighttime tranquility, while maintaining consistency with existing regulations
for other commercial activities in the area.
D. No vendor shall vend unless they maintain a clearly designated litter receptacle in
the immediate vicinity of the conveyance, marked with a sign requesting use by
patrons. Prior to leaving the location, the vendor shall pick up, remove, and dispose
of all trash or refuse which consists of materials originally dispensed by the vendor,
including any packages or containers, or parts thereof, used with or for dispensing
the food, goods or merchandise being sold.
E. The vendor shall not make any outcry, blow a horn, ring a bell, or use any sound
devices or musical instrument upon any of the streets, alleys, parks or other public
places of this city where sound is of sufficient volume to be capable of being plainly
heard upon the public sidewalks or streets, public parks or other public places, for
the purpose of attracting attention to any food, goods, or merchandise which the
permittee proposes to sell. This restriction is in place to prevent excessive noise
that could disrupt public tranquility, interfere with residential and commercial
activities, and maintain a peaceful environment for all community members.
F. Airborne signs such as balloons, banners, feather flags, pennants, as well as flags,
are prohibited as visual distractions and safety hazards for pedestrians and drivers
alike to use due care in their travels, thereby promoting a safer and more orderly
public environment.
G. No vending area shall be larger than 40 square feet per vendor.
HG. 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
Americans with Disabilities Act.
IH. No vending area shall be placed within 30 feet of an intersection or a driveway.
Vending areas must be located at least 30 feet away from any intersection or
driveway to ensure unobstructed visibility for drivers and pedestrians, thereby
enhancing traffic safety and reducing the risk of accidents.
JI. No vendor shall persistently and importunately sell any food, goods, or
merchandise to any member of the public after such member of the public
expresses their desire not to purchase anything from the vendor. Vendors are
prohibited from persistently and impertinently attempting to sell food, goods, or
merchandise to any individual after that person has expressed a desire not to make
a purchase, ensuring a respectful and non-coercive environment for the public.
KJ. No vendor shall intentionally or deliberately obstruct the free movement of any
member of the public on any public sidewalk or street or in any public place.
LK. No vendor shall obstruct the visibility of any vehicle traveling upon, from, or to
public streets.
ML. No vendor shall sell any items to a captive audience, ensuring that sales are
conducted in a free and voluntary manner.
M. No vendor shall threaten any injury or damage bodily harm to any member of the
public who declines to purchase any items being sold, if such threat, whether either
by word or gesture, would make a such that the same would cause a reasonable
person fearful fear of injury to such person or such person’s property.
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ON. No vendor shall sell or attempt to sell to the occupants of vehicles standing or
moving upon any public street or highway. Nothing in this subsection shall be
construed to prohibit sales to the occupants of any vehicle that is lawfully parked.
PO. No vendor shall park or stand any nonmotorized conveyance in violation of any
conditions included in the permit.
QP. No vendor shall sell from any nonmotorized conveyance not identified in the
application.
RQ. No vendor shall stop, stand or park any nonmotorized conveyance in violation of
any provision of the state Vehicle Code or this Code.
SR. To maintain accessibility standards for the city's disabled residents, every vendor
operating on public property must ensure that no obstruction is placed on public
property that would reduce the width of access to less than 48 inches, exclusive of
the top of the curb. No obstruction shall be located in a sidewalk or public right -of-
way less than six feet in width when the sidewalk is adjacent to the curb.
TS. Vendors of food or food products shall possess and display in plain view on the
vending cart or conveyance a valid public health permit from the county department
of public health.
UT. A vending permit does not provide an exclusive right to operate within any specific
portion of the public right-of-way.
VU. No equipment or objects used for vending purposes may be left or maintained in
public spaces or in any portion of the public right-of-way during the hours stated in
subsection C of this section. Any equipment or objects left overnight in public
spaces or in any portion of the public right-of-way in any residential area will be
considered discarded and may be seized or disposed of by the city.
WV. To facilitate the enforcement of this chapter, every vendor must display their city-
issued vending permit on the street-side portion of their pushcart, stand, display,
pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance when
operating in the public right-of-way.
XW. To prevent unintended rolling or slipping, a vendor is prohibited from operating a
pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance on a public -
right-of-way with a slope greater than five percent.
YX. A vendor shall not engage in the selling of alcohol, marijuana, tobacco products,
products that contain nicotine or any product used to smoke/vape nicotine or
marijuana, to ensure the safety and well-being of the community, particularly in
preventing underage access to harmful substances.
ZY. 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, to maintain public safety and prevent obstruction of
public infrastructure.
AAZ. Stationary sidewalk vendors are prohibited from operating in areas that are
exclusively residential.
BBAA. A vendor is prohibited from operating within 750 feet of a permitted certified
farmers' market, a permitted swap meet, or any area subject to a special use permit
or special event permit for the duration of the permit, so as to reduce congestion.
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CCBB. To limit traffic congestion and protect the safety of children traveling to and from
and in and around schools from potential adverse safety impacts due, in part, to
sidewalk congestion, no vendor is permitted to operate within 750 feet of a public or
private school during the period extending of one hour before the start of classes
and one hour after the end of classes or after school activities.
DDCC. To protect the health and safety of school children, no state-registered sex
offender may operate as a vendor within 750 feet of a public or private school at
any time.
EEDD. A vendor is prohibited from publishing, uttering or disseminating any false,
deceptive or misleading statements or advertisements in connection with the
permitted business.
FFEE. A vendor shall not conduct the permitted business as a public nuisance.
GGFF. See section 12.16.170 (Vending, commercial services, and industrial activities
regulated in parks, preserve, beaches, and recreational facilities) for additional
operational procedures for vending in parks, preserves, trails, trailheads, parking
lots, beaches and recreational facilities.
5.28.080. – Violations.
AB. The city may rescind revoke a vending permit issued to a vendor for the term of that
permit upon the fourth violation or subsequent violations of any of the requirements
of this ordinance by the permit holder.
BA. A permit may be suspended or revoked based on the following grounds:
1. Revocation, suspension, or nonrenewal of the required county health
department permit, if applicable for food vendors. A permit shall not be
reinstated until the applicable health permit is reinstated.
2. The vendor has conducted the vending in a manner which endangers the
public health or safety or violation of any health and safety condition
imposed on the county health department permit.
23. If any immediate danger to the public health or safety is found, unless the
danger is immediately corrected, the director may temporarily suspend the
permit and order the operation to cease. The term "immediate danger to the
public health and safety" means any violation of a county health department
permit; any condition, based upon inspection findings or other evidence, that
can cause food infection, food intoxication, disease transmission or hazardous
condition, including, but not limited to, unsafe food temperature, sewage
contamination, nonpotable water supply, or an employee who is a carrier of a
communicable disease.; or the vendor has conducted the vending in a manner
which endangers the public health or safety.
B. The city may rescind a vending permit issued to a vendor for the term
of that permit upon the fourth violation or subsequent violations.
C. A permittee whose permit was revoked shall not be issued a permit for the same
products or general location in accordance with this chapter for vending within the
city for a period of three months for the first revocation, six months for the second
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revocation, and one year for the third or subsequent revocation from the date
suspension or revocation becomes final.
D. Suspension or revocation of a vending permit may be appealed pursuant to the
provisions of Section 5.28.050 of this code. No vending shall be permitted pending
the during the pendency of an appeal.
E. A violation by a vending permit holder of this chapter is punishable only by the
following administrative citations pursuant to Section 1.08.010 of the RPVMC,
provided that a permit may be immediately revoked on the grounds provided under
subsection (A) of this section:
1. An administrative fine not exceeding $100.00 for a first violation.
2. An administrative fine not exceeding $200.00 for a second violation within one year
of the first violation.
3. An administrative fine not exceeding $500.00 for each additional violation within
one year of the first violation.
F. Vending without a vending permit may be punishable by the following administrative
citations pursuant to Section 5.28.080 of the RPVMC in lieu of the administrative
fines set forth in subsection (E) of this section:
1. An administrative fine not exceeding $250.00 for a first violation.
2. An administrative fine not exceeding $500.00 for a second violation within one year
of the first violation.
3. An administrative fine not exceeding $1,000.00 for each additional violation within
one year of the first violation.
G. Upon proof of a valid permit issued by the city, the administrative fines set forth in
subsection F of this section shall be reduced to the administrative fines set forth in
subsection E of this section, respectively.
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