HomeMy WebLinkAboutCC Ord 1675 2019-01-14 ORDINANCE 1675
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING A
NEW CHAPTER 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
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 fords 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 fords 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 fords 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
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;
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WHEREAS, the City Council finds 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 finds 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES ORDAIN AS FOLLOWS:
Section 1. The Seal Beach 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. .1
"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 ..1
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.
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.
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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.
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. _I
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.
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
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
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 financial 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
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.
Section 7. Effective Date. This Ordinance shall take affect thirty (30) days after its
adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause
this ordinance to be published and/or posted as required by law.
INTRODUCED this 10th day of December,2018.
PASSED,APPROVED, AND ADOPTED this 14th day of January, 2019.
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Thomas Moore, Mayor
ATTEST: :O. F�
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Dana Engstrom, Deputy City Clerk '�,� �`Ip .5sO
44„f'01)N11
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Dana Engstrom, Deputy City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was, passed, approved, and adopted by the City Council at a
regular meeting held on the 14th day of January, 2019, by the following vote:
AYES: Council Members: Deaton, Massa-Lavitt, Moore, Sustarsic, Varipapa
NOES: Council Members: None
and do hereby further certify that Ordinance 1675 has been published pursuant to the
Seal Beach City Charter and Resolution 2836.
Dana Engstrom, Deputy City Clerk
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