HomeMy WebLinkAbout2357 ORDINANCE NO. 2357
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA
ADDING SECTIONS 6439.3 THROUGH 6439.12 TO ARTICLE VI,
CHAPTER 4, PART 3, DIVISION 9, OF THE ARCADIA MUNICIPAL CODE,
IMPOSING REGULATIONS ON SIDEWALK VENDING
WHEREAS, the City of Arcadia, California ("City") is a chartered city and municipal
corporation, duly organized under the California Constitution and laws of the State of
California; and
WHEREAS, pursuant to the police powers delegated to it by the California
Constitution, the City has the authority to enact laws which promote the public health,
safety, and general welfare of its citizens, including sidewalk vending as long as
requirements are consistent with newly enacted Senate Bill 946 ("SB 946"); and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits
cities from regulating sidewalk vendors, except in accordance with the provisions of SB
946; and
WHEREAS, according to its terms, SB 946 applies to both chartered and general
law cities; and
WHEREAS, SB 946 authorizes the implementation of regulations that are directly
related to objective health, safety, or welfare concerns, and that do not restrict sidewalk
vendors to operate only in a designated neighborhood or area, except as specified; and
WHERAS, the permit requirements proposed are consistent with SB 946, as they
are reasonable, related to objective health, safety, and welfare concerns, and are based
upon compliance with other generally applicable laws including the Americans with
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Disabilities Act and the City's general encroachment permit requirements for work and/or
activities in the public right of way; and
WHEREAS, the standards imposed on stationary sidewalk vendors requiring a
minimum path of accessible travel are necessary to comply with the Americans with
Disabilities Act and maintain minimum safe access along public sidewalks; and
WHEREAS, standards for maintaining access to building entrances, and not
blocking driveways, fire hydrants, parking areas and building storefront windows are
necessary to guard the health and safety of patrons, drivers, vendors and existing
business owners and promote fire suppression and law enforcement practices that allow
the City's safety personnel to observe activities within buildings and maintain access; and
WHEREAS, the City Council finds and determines that the installation, repair,
maintenance, and removal of encroachments in the public way must be regulated in order
to protect the public health, safety, and welfare and to provide for the orderly
administration and maintenance of the public access ways for the benefit of the
community, while at the same time allowing reasonable accommodation and cooperative
flexibility for providing necessary utility and other convenience services to the community;
and
WHEREAS, the City Council finds that public and private persons who maintain
and/or install encroachments in the public way bear a responsibility to help preserve the
public way and to contribute to the administrative and liability costs incurred by the
community and caused by such encroachments; and
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WHEREAS, the City Council finds that, unless properly regulated, sidewalk
vending poses a unique risk to the health, safety, and welfare of the public, including, but
not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving
food preparation, risks to children, and consumer protection; and
WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors
to be located on private property and public streets and move quickly from place to place
in the community, including near parks, schools, and other places frequented by children,
warrants imposing certain regulatory measures, to protect the health, safety, and welfare
of the community; and
WHEREAS, SB 946 continues to authorize cities 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 a city;
and
WHEREAS, fraud or misrepresentation in the course of vending constitutes an
objective harm to the health, safety, and welfare of the City's residents; and
WHEREAS, fraud or misrepresentation in the application for the permit constitutes
an objective harm to health, safety, and welfare of the City's residents; and
WHEREAS, vending in a manner that creates a public nuisance or constitutes a
danger to the public constitutes an objective harm to the health, safety, and welfare of the
City's residents.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES
ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are hereby
adopted as findings in support of this Ordinance as if fully set forth herein.
SECTION 2. Article VI, Chapter 4, Part 3, Division 9 of the Arcadia Municipal Code
is amended to add the following sections, to read as follows:
Section 6439.3 Purpose of Street Vending Provisions.
The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares
at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe
conditions and special dangers to the public health, safety, and welfare of residents and
visitors. The purpose of this Chapter is to implement regulations on both roaming and
stationary sidewalk vending that protect the public health, safety, and welfare of the
community while complying with the requirements of general state law, as amended from
time to time, to promote safe vending practices, prevent safety, traffic, and health
hazards, and preserve the public peace, safety, and welfare of the community.
Section 6439.4 Definitions.
For purposes of this Chapter, the following definitions apply:
A. "Farmers' Market" means a location operated in accordance with the City's
Development Code, Article IX, Chapter 1 section 9109.01.070; "An outdoor market
certified for direct retail sales by farms to the public by the State or County Agricultural
Commission under California Code of Regulations Title 3, Chapter 3, Article 6.5.
Farmers' Markets can also include limited sales of crafts and goods."
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B. "City" means the City of Arcadia.
C. "Park" means a public park owned by the City.
D. "Roaming sidewalk vendor or vending" means a sidewalk vendor who
moves from place to place and stops only to complete a transaction.
E. "Sidewalk vendor or vending" means a person who sells food or
merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack,
or other non-motorized conveyance, or from one's person, upon a public sidewalk or other
pedestrian path.
F. "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.
Section 6439.5 Permits Required.
A. All sidewalk vendors shall obtain a sidewalk vending permit from the City's
Planning and Community Development Administrator or designee prior to engaging in
any sidewalk vending activities. All sidewalk vendors must have a valid business license
issued by the City. As part of its application for a business license, the sidewalk vendor
shall furnish to the City evidence of insurance, against liability for death or injury to any
person as a result of ownership, operation, or use of its vendor. The City's insurance
requirements are on file and available for inspection, or a copy may be obtained, at the
office of the City Clerk, Arcadia City Hall. The following information shall be required.
1. Name, current mailing address, and phone number of the vendor;
and
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2. If the vendor is an agent of an individual, company, partnership, or
corporation, the name and business address of the principal; and
3. A description of the merchandise/goods to be offered for sale or
exchange, and the days/hours of sales; and
4. A copy of the California seller's permit with the sales tax number
issued by the California Department of Tax and Fee Administration
to the vendor; and
5. A copy of the valid California Driver's license or California
Identification Card issued to the vendor; or
A copy of the individual taxpayer identification number issued to the
vendor; or
A municipal identification number.
a. Any such identification number(s) or license(s) collected shall
not be available to the public for inspection and shall remain
confidential and 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.
6. If preparing or selling food, a copy of the Los Angeles County
Environmental Health Department permit issued to the vendor; and
7. If the vendor proposes to be a sidewalk vendor, a description or site
plan map of the proposed location(s) where vending will take place,
showing that the sidewalk location maintains a minimum of thirty-six
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inches (36") of accessible route area, in compliance with the
Americans with Disabilities Act; and
8. If the vendor proposes to be a sidewalk vendor, an encroachment
permit pursuant to Chapter 2 Part 7of the Arcadia Municipal Code;
and
9. A copy of general liability policy naming the City as additional insured
in the amount of $500,000.
10. A certification by the vendor that to his or her knowledge and belief,
the information contained in the application is true.
B. At the time the application or renewal application is filed, the applicant shall
pay the permit processing fee established by separate resolution of the City Council.
Section 6439.6 Review of Permit Application; Decision.
A. Upon acceptance of a properly completed and filed sidewalk vendor permit
application, the City's Planning and Community Development Administrator or designee
shall conduct a preliminary investigation to determine compliance with this Chapter and
shall make such determination within no more than thirty (30) days of acceptance to
approve or deny the application. The City's Planning and Community Development
Administrator or designee shall provide the applicant with written notice of his or her
decision to the address indicated in the application.
B. The City's Planning and Community Development Administrator or
designee may deny an application for a permit if an applicant fails to meet any of the
requirements for a new permit, or if he or she makes any of the following findings:
1. The applicant has failed to pay any fees or charges.
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2. The applicant has made one or more material misstatements in the
application for a permit.
3. The applicant does not have a valid social security card or valid
California Driver's license or Identification Card; or valid individual
taxpayer identification number.
4. The applicant does not provide a certificate of liability insurance.
5. The applicant's vending operation, as described in the application, is
inconsistent with the standards, conditions, and requirements of this
Chapter.
6. It is determined that the applicant does not possess all federal, state,
and local permits and licenses necessary to engage in the activity in
which he or she seeks to engage.
C. If the application is denied, the reasons for disapproval shall be noted on
the application, and the applicant shall be notified that his or her application is denied and
that no permit will be issued. Notice shall be mailed to the applicant at the address shown
on the application form.
D. Exemptions. A sidewalk vending permit shall not be required for the
following activities:
1. The sale of agriculture products on the site where the product is
grown.
2. Catering for private parties held exclusively on private property and
not open to the general public.
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3. Events permitted pursuant to a lawfully issued temporary use permit
including but not limited to a Certified Farmers' Market, Swap Meet,
street fairs, outdoor concerts, sport league opening day, and
business sidewalk sales.
E. Term of permit. A sidewalk vending permit issued pursuant to this Chapter
shall automatically expire one (1) year from the date issued, unless an earlier expiration
date is noted on the permit.
F. Transferability. A sidewalk vending permit shall not be transferable to any
other entity or person and is valid only as to the original applicant for the term stated.
Section 6439.7 Renewal of Sidewalk Vending Permit
All sidewalk vendors shall annually apply for renewal of their sidewalk
vending permit from the City's Planning and Community Development Administrator or
designee prior to continuing to engage in any sidewalk vending activities. Any sidewalk
vendor who currently possesses a sidewalk vending permit allowing them to operate a
vending operation must, upon time of renewal of their license, apply for a sidewalk
vending permit, supplying the information as required in section 6439.5 of this Division.
Section 6439.8 Stationary Sidewalk Vending Locations and Standards.
A. Stationary sidewalk vendors shall be prohibited from operating or
establishing in any residential zone of the City. Stationary sidewalk vendors may operate
in non-residential zones of the City, including mixed use zones, provided they meet the
following:
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1. The sidewalk vendor is duly licensed, with a business license and
sidewalk vending permit displayed at all times, and meets all
requirements of section 6439.5; and
2. The sidewalk vendor can set up their vending operation while still
leaving a minimum of thirty-six inches (36") of accessible path of
travel, without obstruction, along the public sidewalk or public
pathway; and
3. Sidewalk vending hours shall be conducted between the hours of
7:00 AM and 10:00 PM of every day; and
4. The sidewalk vendor maintains the vending area in a clean, orderly,
and sanitary condition; removes litter caused by its products from
any public or private property within a 25-foot radius of the sidewalk
vendor's location; and
5. The sidewalk vendor location does not block entrances to private
buildings, private driveways, parking spaces or building windows,
and driveway and intersection visibility; and
6. No vending shall occur within ten (10) feet of a fire hydrant, fire
escape, bus stop, loading zone, handicapped parking space or
access ramp, fire station driveway, or police station driveway; and
7. No tables, chairs, fences, shade structures, other site furniture, or
any freestanding signs shall be permitted in conjunction with the
vendors vending activities; and
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8. The vendor shall not attach or use any water lines, electrical lines, or
gas lines during vending operations; and
9. Exterior storage or display of refuse, equipment, materials, goods,
wares, or merchandise associated with the vendor is prohibited; and
10. No vending shall occur within the immediate vicinity of a Certified
Farmers' Market, a Swap Meet or an event held pursuant to a
Temporary Event Permit.
11. The vendor shall not discharge any liquid (e.g. water, grease, oil, etc.) onto
or into city streets, storm drains, catch basins, or sewer facilities. All discharges shall be
contained and properly disposed of by the vendor.
Section 6439.9 Sidewalk Vending in Parks, Certified Farmer's Markets.
A. Sidewalk vending of food or merchandise by roaming or stationary vendors
shall be prohibited in any City Park with a concession stand operated by a vendor under
exclusive contract with the City selling similar food or merchandise or in an area occupied
by a Certified Farmer's Market.
B. Subject to Section 6439.5(A), sidewalk vendors may operate in City Parks
provided they meet the following:
1. The sidewalk vendor is duly licensed, with a business license and
sidewalk vending permit displayed at all times, and meets all
requirements of section 6439.3; and
2. For stationary sidewalk vending, the sidewalk vendor can set up their
vending operation while still leaving a minimum of thirty-six inches
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(36") of accessible path of travel, without obstruction, along the public
sidewalk or public pathway; and
3. The sidewalk vendor shall cease operations one (1) hour prior to the
close of the park; and
4. The sidewalk vendor maintains the vending area in a clean, orderly,
and sanitary condition, and removes litter caused by its products
within a 25 foot radius of the vending location, and
5. The sidewalk vendor location does not block entrances to buildings,
driveways, parking spaces, or building windows; and
6. No vending shall occur within the immediate vicinity of an event held
pursuant to a Temporary Event Permit; and
7. In City Parks that are located within a residential area, where
stationary sidewalk vending is prohibited, as described in Section
6439.7 of this Chapter, only roaming sidewalk vendors shall be
allowed in such Parks; and
8. The City can impose regulations to limit the number of sidewalk
vendors in City Parks to limit the undue concentration of commercial
activity that unreasonably interferes with the scenic and natural
character of the park or necessary to endure the public's use and
enjoyment of the natural resources and recreational opportunities of
City parks.
Section 6439.10 Roaming Sidewalk Vending.
A. Roaming sidewalk vendors shall meet the following:
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1. The sidewalk vendor is duly licensed, with a business license and
sidewalk vending permit displayed at all times, and meets all
requirements of section 6439.3; and
2. Sidewalk vending hours for residential zones shall be conducted
between the hours of 7:00 AM and 6:00 PM Monday through Friday
and 8:00 AM to 5:00 PM on Saturday, and no Sundays or holidays;
and
3. Sidewalk vending hours for non-residential zones shall be conducted
between the hours of 7:00 AM and 10:00 PM every day; and
4. The sidewalk vendor maintains their temporary vending area in a
clean, orderly, and sanitary condition and removes litter caused by
its products within a 25-foot radius of the vending location; and
5. The sidewalk vendor does not block entrances to buildings,
driveways, parking spaces, or building windows; and
6. The sidewalk vendor does not conduct sales from a public street; and
7. No vending shall occur within the immediate vicinity of a Certified
Farmers' Market, or a Swap Meet; and
8. The vendor shall not discharge any liquid (e.g. water, grease, oil,
etc.) onto or into city streets, storm drains, catch basins, or sewer facilities. All discharges
shall be contained and properly disposed of by the vendor.
Section 6439.11 Suspension; Rescission.
A. A sidewalk vendor permit issued under this Chapter may be suspended or
rescinded by the City's Planning and Community Development Administrator after four or
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more violations of this Chapter in accordance with Section 6439.10 of this Chapter, at
their discretion, for any of the following causes:
1. Fraud or misrepresentation in the course of vending;
2. Fraud or misrepresentation in the application for the permit;
3. Vending in a manner that creates a public nuisance or constitutes a
danger to the public.
B. Notice of the suspension or rescission of a sidewalk vendor permit issued
under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor
permit at his or her last known address.
C. No person whose street vending permit has been revoked pursuant to this
Chapter shall be issued a street vending permit for a period of two (2) years from the date
revocation becomes final.
Section 6439.12 Appeals.
In the event that any applicant or permittee desires to appeal from any order, rescission,
or other ruling of the Planning and Community Development Administrator or designee
made under the provisions of this Chapter, such applicant or any other person aggrieved
shall have the right to appeal such action as prescribed in section 6216.8 of the Arcadia
Municipal Code.
Section 6439.13 Penalties.
A. It is unlawful for any person to violate any provision or fail to comply with
any requirements of this Chapter. A violation of this Chapter shall by punished by:
1. An administrative fine not exceeding $100 for a first violation.
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2. An administrative fine not exceeding $200 for a second violation
within one (1) year of the first violation.
3. An administrative fine not exceeding $500 for each additional
violation within one (1) year of the first violation.
B. A violation of vending without a sidewalk vending permit may, in lieu of the
penalties set forth in subsection (A) set forth above, be punished by:
1. An administrative fine not exceeding two hundred fifty ($250) dollars
for a first violation.
2. An administrative fine not exceeding five hundred dollars ($500) for
a second violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000)
for each additional violation within one (1) year of the first violation.
C. If an individual is subject to subsection (B), set forth above, for vending
without a sidewalk vending permit, upon the individual providing proof of a valid permit
issued by the City, the administrative fines set forth in this Chapter shall be reduced to
the administrative fines set forth in subsection (A), respectively.
D. The proceeds of any administrative fines assessed pursuant to this Chapter
shall be deposited in the treasury of the City.
E. Failure to pay an administrative fine assessed under this Chapter shall not
be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or
any other financial conditions beyond those authorized in this Chapter shall not be
assessed.
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F. Any violation of this Chapter shall not be punishable as an infraction or
misdemeanor, and any person alleged to have violated any provisions of this Chapter
shall not be subject to arrest except when otherwise permitted under law.
G. When assessing an administrative fine pursuant to this Chapter, the
adjudicator shall take into consideration the person's ability to pay the fine. The City 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.
1. If the person meets the criteria described in subdivision (a) or (b) of
Government Code section 68632, the City shall accept, in full
satisfaction, twenty (20) percent of the administrative fine imposed
pursuant to this Chapter.
2. The City 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.
H. 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 SB 946 had SB 946 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.
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SECTION 3. Severability. If any section, sentence, clause or phrase of this
Ordinance or the application thereof to any entity, person or circumstance is held for any
reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are
severable. The City Council of the City of Arcadia hereby declares that it would have
adopted this Ordinance and each section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
SECTION 4. This Ordinance is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a
"project" and has no potential to result in a direct or reasonably foreseeable indirect
physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this
Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its
implementation would have a significant negative effect on the environment. 14 Cal.
Code Regs. § 15061(b)(3). The County Clerk of the County of Los Angeles shall cause
a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 5. Publication. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy of same to be published at least once in the official
newspaper of the City within fifteen (15) days after its adoption. This Ordinance shall take
effect on the thirty-first (31st) day after its adoption.
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Passed, approved and adopted this 15thday of January 2019.
Mayor of the City rcadia
ATTEST:
Clerk
.4400K
APPROVED AS TO FORM:P * ,e7
Steph n P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2357 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 15th day of January, 2019 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Amundson, Beck, Chandler, and Tay
NOES: None
ABSENT: Verlato
/ W
i / Clerk of tFi- ity of Arcadia
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