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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 1 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 2 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. 3 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." 4 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 5 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 6 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. 7 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. 8 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: 9 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 10 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 11 (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: 12 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 13 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. 14 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. 15 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. 16 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. 17 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 18 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 19