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HomeMy WebLinkAboutCC Ord 1674-U 2018-12-10 ORDINANCE NO. 1674-U AN URGENCY ORDINANCE OF THE CITY OF SEAL BEACH ADDING A NEW CHAFFER 5.80 TO THE SEAL BEACH MUNICIPAL CODE TO CREATE A SIDEWALK VENDING PROGRAM , AMENDING RELATED PROVISIONS OF THE SEAL BEACH MUNICIPAL CODE, MAKING A DETERMINATION OF EXEMPTION UNDER CEQA, AND DECLARING THE URGENCY THEREOF WHEREAS, Senate Bill ("SB") 946 was signed into law on September 17, 2018, and becomes effective January 1,2019; WHEREAS, SB 946 limits the authority of cities and counties to regulate sidewalk vendors, except in accordance with California Government Code Sections 51038 and 51039; WHEREAS, the City Council finds that the establishment of a sidewalk vending program will benefit the City as a whole by facilitating entrepreneurship and providing economic opportunity for people to support themselves and their families, and by contributing to a diversity of food options and lively streets; WHEREAS, the City Council finds that the act of vending on sidewalks and other areas of the public right-of-way also creates the potential for increased safety hazards, such as, but not limited to, inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter, and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic; WHEREAS, the City Council finds that restrictions on sidewalk vending are needed to accommodate vendors and their equipment, while also safe-guarding the flow of pedestrian movement on sidewalks and in the public right-of-way, and ensuring no interference with the performance of police,firefighter, and emergency medical personnel services; WHEREAS, the City Council finds that the regulation of vendors engaged in the sale of food and food products will help to ensure that sidewalk vendors obtain all necessary permits and comply with applicable sanitation, food preparation, and food handling laws, and thereby will protect the public health and safety against health problems such as food contamination, poor hygienic practices, and the threat of food poisoning; WHEREAS, the City Council fmds that regulations related to the collection and disposal of trash or other debris generated by sidewalk vending are necessary to ensure that such trash or debris is not left, thrown, discarded, or deposited on City streets, City parks, including the City's public beach and pier area, sidewalks, pathways, gutters, or storm drains, or upon public or private lots, so that the same might be or become a pollutant; WHEREAS, the City Council finds that restrictions on sidewalk vending in public parks, including the City's public beach and pier area, are necessary to ensure the public's use and S7296-0001\2240816v I.doc enjoyment of natural resources and recreational opportunities, and to prevent an undue concentration of commercial activity that would unreasonably interfere with the scenic and natural character of these parks; WHEREAS, the City Council fmds that restrictions on sidewalk vending in residential areas are necessary to ensure that such areas are protected from excessive noise and traffic impacts while allowing economic opportunities for sidewalk vendors; WHEREAS, the City Council adopts this Ordinance under the authority provided in SB 946, and fmds that the time, place, and manner regulations and requirements provided herein are directly related to the City's purpose of protecting of the health, safety, and welfare of its residents, businesses, and visitors; WHEREAS, Government Code Section 36937(b) authorizes the City Council to adopt an urgency ordinance to become effective immediately upon a four-fifths (4/5) vote, when such an ordinance is necessary for the immediate preservation of public peace,health, and safety; and WHEREAS,pursuant to Government Code Section 36937(b), the City Council finds that it is necessary for this ordinance to take effect immediately in order to preserve the public peace, health, and safety of the City's residents, businesses, and visitors due to the need to impose reasonable and lawful local controls, as permitted by law, that will be in effect when SB 946 takes effect on January 1, 2019. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Urgency Finding. Based on the foregoing, the City Council of the City of Seal Beach finds that a current and immediate threat to the public health, safety, and welfare is presented by the implementation of SB 946. If sidewalk vending is allowed without regulation on January 1, 2019, there is the potential that vending carts will proliferate throughout the City and begin operating on City sidewalk, pier and pathways without regard to the potential impacts to health, safety, and welfare. Vending carts may be four or more feet wide and six or more feet long, and must be shared by a variety of users. Restrictions on sidewalk vending are necessary to ensure that the presence of vending carts, vendors, and customer queues will not prevent pedestrians and disabled individuals from using the City's sidewalks,pier and pathways, or force such individuals into the streets where they may face risks from vehicle or bicycle traffic. Such restrictions are further necessary to ensure that vending carts located in the public-right-of-way do not interfere with the provision of police, firefighter, or other emergency personnel services, such as by blocking access to fire hydrants or local businesses or residences where such services may be needed. In particular, unrestricted vending on the City beach and pier would create unique and unacceptable health and safety risks due to the narrow width of the pier, the potential conflict between vendors and people and vessels that use the pier, the danger of surf and people in the surf, and the possibility of ocean pollution. Finally, the permitting program established herein is necessary to protect the health, safety, and welfare of potential street vending customers, as it will ensure that vendors of food and food products have obtained county health permits and are complying with applicable sanitation and food preparation, labeling, and handling laws. -2- S7296-0001\22408 16v 1.doc Section 2. The Seal Municipal Code is hereby amended to add a new Chapter 5.80, which shall read as follows: "Chapter 5.80 Sidewalk Vending 5.80.010 Definitions. The following words and phrases, whenever used in this chapter, shall mean as follows: "Certified farmers' market" means a location operated in accordance with Chapter 10.5 of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. "Director"means the Director of Community Development of the City of Seal Beach. "Person" shall mean one or more natural persons, groups, businesses,business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity. "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 vends from a vending cart or from one's person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. "Swap meet" means a location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. "Temporary special permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or any 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 concerns. "Vend" or "vending" means to sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods,or merchandise. "Vending cart" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code. 5.80.020 Permit Required. No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the City without first obtaining a sidewalk vending permit pursuant to this chapter. -3- S7296-0001\2240816v1.doc 5.80.030 Permit Application. To apply for a sidewalk vending permit, a person must file an application with the Director, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum,the following: A. The legal name and current address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; C. A description of the food or merchandise offered for sale; D. A description of the area(s)the sidewalk vendor intends to operate; E. Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor; F. A copy of a valid business license issued pursuant to Chapter 5.10 of the Seal Beach Municipal Code; G. A California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code; H. Certification by the applicant that the information contained in the application is true to his or her knowledge and belief; I. If a vendor of food or food products, certification to completion of a food handler course, proof of all required approvals from the Orange County Environmental Health, in compliance with Chapter 5.40, of the Seal Beach Municipal Code, and any applicable discharge permits in compliance with Chapter 9.25 of the Seal Beach Municipal Code; J. Proof of liability insurance; and K. Any other reasonable information regarding the time, place, and manner of the proposed vending. 5.80.040 Criteria for Approval or Denial of Permit. The Director, or his or her designee, shall approve the issuance of a permit unless he or she determines that: A. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail; B. The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; or C. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in section 5.80.090. -4- S7296-0001‘2240816v1.doc D. The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter. If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant. 5.80.050 Permit Expiration and Renewal. A sidewalk vending permit shall be valid for twelve (12) months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. A person may apply for a permit renewal on a form provided by the City prior to the expiration of his or her active sidewalk vending permit. 5.80.060 Permit Rescission. The Director may rescind a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this Chapter. A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit. 5.80.070 Appeals. Any person aggrieved by the decision of the Director to issue, deny issuance, or rescind a sidewalk vending permit may appeal the decision to the City Council. The appeal shall be filed with the City Clerk within fifteen (15) days following the date of the Director's decision. 5.80.080 Permits Nontransferable. No permit granted pursuant to this chapter shall be transferable. 5.80.090 Operating Requirements. Sidewalk vendors shall comply with the following: A. No sidewalk vendor shall vend in the following locations: 1. Within fifteen (15) feet of any street intersection; 2. Within ten(10) feet of any fire hydrant, fire call box, or other emergency facility; 3. Within ten (10) feet of any driveway or driveway apron; 4. Upon or within any roadway, median strip, or dividing section; 5. Within 500 feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special permit. 6. In any City parking lot. 7. On private property without the consent of the property owner. 111 B. No sidewalk vendor shall vend to customers in moving operating vehicles, or in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors -5- S7296-0001\224081 6v I.doc must at all times provide a clearance of not less than three (3) feet on all sidewalks, piers, or other pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices; C. Sidewalk vending only is permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows: 1. In residential areas, roaming sidewalk vending only shall be permitted between the hours of 10:00 a.m. and 5:00 p.m. 2. In nonresidential areas, the limit on hours of vending shall not be more restrictive than the hours of operation of other businesses or uses on the same street. 3. In City parks, including the City's public beach and pier area, sidewalk vending shall be permitted only during hours open to the public. 4. On the City's public beach and pier, sidewalk vending shall not be conducted in a manner or location that interferes with the public's and other licensees' use of the beach and pier for recreational purposes including, without limitation fishing, swimming, bathing and the mooring of boats. Vendors shall not deposit or dump anything into the water or onto the beach. No vendor on the pier shall use, or block the public's access to, sinks or drains. To protect the public health and safety, vendors shall not establish a fixed location on the sand, and shall not locate on the pier other than against the railing. D. Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential. E. Stationary sidewalk vendors shall not vend at any park, including the City's public beach and pier area, where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire. F. Sidewalk vendors shall provide a trash receptacle for customers and shall ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor's customers within a fifteen(15)foot radius of the vending location. G. Vendors of food or food products shall possess and display in plain view on the vending cart, a valid Food Facility Health Permit from Orange County Environmental Health. H. Sidewalk vendors shall possess at all times while vending, a valid permit issued pursuant to this chapter, as well as any other permit or license required by the City and any other appropriate governmental agency. I. Sidewalk vendors shall possess at all times while vending, current liability insurance. J. Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and -6- S7296-000112240816v 1.doc regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards(both state and federal). K. No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property. No vending cart or goods shall be stored on any public street, sidewalk or any other public property when not in use for vending. 5.80.100 Administrative Citations. A. A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the City is punishable only by an administrative citation pursuant to Section 1.15.015, in amounts not to exceed the following: 1. One hundred dollars ($100)for a first violation. 2. Two hundred dollars ($200) for a second violation within one year of the first violation. 3. Five hundred dollars ($500) for each additional violation within one year of the first violation. B. A person engaged in sidewalk vending without a valid City sidewalk vending permit is punishable by an administrative citation pursuant to Section 1.15.015, in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A: 1. Two hundred fifty dollars ($250)for a first violation. 2. Five hundred dollars ($500) for a second violation within one year of the first violation. 3. One thousand dollars ($1,000) for each additional violation within one year of the first violation. 4. Upon proof of a valid sidewalk vending permit issued by the City, the administrative citations set forth in this paragraph shall be reduced to amounts set forth in paragraph A. C. A violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. D. Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other fmancial conditions beyond those authorized herein shall not be assessed. E. When assessing administrative citations pursuant to this section, the hearing officer 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 -7- S7296-0001\2240816v 1.doc 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. F. 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 an administrative citation imposed pursuant to this chapter. G. The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition." Section 3. Subsection E of Section 7.55.010 (Park Use Restrictions) of the Seal Beach Municipal Code is hereby amended to provide that sidewalk vendors may operate in City parks in accordance with Chapter 5.80, with all other provisions of Section 7.55.010 to remain the same: "E. The sale or rent, or the soliciting for sale or rent, of any goods, equipment, merchandise, food, or beverages is prohibited except as allowed by Chapter 5.80, Sidewalk Vending, or pursuant to a special event permit in accordance with the provisions of Chapter 7.50, Special Events." Section 4. Section 9.05.085 (Commercial Activities on Beach or Pier) of the Seal Beach Municipal Code is hereby amended to provide that sidewalk vendors may operate on the City Pier in accordance with Chapter 5.80,to read as follows: "No person shall sell merchandise or solicit customers for any business upon the city beach or city pier. This prohibition does not apply to persons performing such activity in compliance with the provisions of Chapter 5.80, Sidewalk Vending,or a franchise or lease authorized by the city council." Section 5. CEQA.The City Council finds and determines that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. Accordingly,this Ordinance is not subject to the requirements of the California Environmental Quality Act(CEQA)pursuant to Sections 15061(b)(3) and 15378 of Division 6 of Title 14 of the California Code of Regulations. Section 6. Severability. If any section, subsection, sentence, clause,or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. • -8- S7296-000I\22408 I6v I.doc Section 7. Effective Date. This ordinance is adopted as an urgency ordinance pursuant to Government Code Section 36937(b), and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. PASSED, APPROVED, AND ADOPTED this 10th day of December, 2018. 41i J4 .- MIKE VARIPAPA,MAYOR ATTEST: • ! �'a VIII b up ROBIN L. ROBERTS, CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Urgency Ordinance was, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of December, 2018, by the following vote: AYES: Varipapa, Sustarsic, Moore, Massa-Lavit NOES: Deaton and do hereby further certify that Urgency Ordinance Number 1674-U has been published pursuant to h Seal Beach City Charter and Resolution Number 2836. Robin L. Roberts, City Clerk -9- S7296-0001\22408 16v I.doc I I I