HomeMy WebLinkAbout12 PROPOSED RESOLUTION REGULATING SIDEWALK VENDORS DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E
Agenda Item 12
AGENDA REPORT Reviewed:
City Manager m5W
Finance Director N/A
MEETING DATE: AUGUST 18, 2020
TO: MATTHEW S. WEST, CITY MANAGER
FROM: DAVID E. KENDIG, CITY ATTORNEY
SUBJECT: PROPOSED RESOLUTION REGULATING SIDEWALK VENDORS; AND
PROPOSED ORDINANCE TO AMEND TUSTIN CITY CODE ADDING
PART 3 TO CHAPTER 3 OF ARTICLE 3 PERTAINING TO REGULATION
OF SIDEWALK VENDORS
SUMMARY:
Approval of this item will adopt a Resolution to immediately implement regulations on
Sidewalk Vending, and will approve the first reading by title only of an ordinance to update
the Tustin City Code to reflect current state law related to regulation and enforcement of
Sidewalk Vending.
RECOMMENDATION:
1. Introduce Ordinance No. 1508 (Attachment A) for first reading by title only and
waive further reading of the Ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
ADDING PART 3 TO CHAPTER 3 OF ARTICLE 3 OF THE TUSTIN CITY
CODE PERTAINING TO REGULATION OF SIDEWALK VENDORS; and
2. Adopt Resolution No. 20-55 (Attachment B) entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
ADOPTING REGULATIONS REGARDING SIDEWALK VENDORS AND
ADOPTING A FEE FOR APPLICATIONS FOR SIDEWALK VENDING
PERMIT.
FISCAL IMPACT:
There is no direct fiscal impact related to this item. There may be indirect costs associated
with additional enforcement. Costs associated with issuance and administration of a
sidewalk vendor permit are proposed to be recovered through permit fees established by
the attached Resolution.
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Agenda Report– Proposed Resolution Regulating Sidewalk Vendors and Proposed
Amendment to Tustin City Code Pertaining to Sidewalk Vendors
August 18, 2020
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CORRELATION TO THE STRATEGIC PLAN:
The proposed regulations advance the objectives of the following Strategic Plan goals:
Goal A: Economic and Neighborhood Development — The proposed regulations
would encourage economic development by facilitating the entrepreneurial spirit
of small business activities such as selling goods from portable stands or carts.
Goal B: Public Safety and Protection of Assets — The proposed regulations are
intended to promote the health, safety, and welfare of the public.
BACKGROUND:
On September 17, 2018, Governor Brown signed Senate Bill 946, which added a new
Chapter 6.21 entitled "Sidewalk Vendors" (sections 51036 through 51039) to the
California Government Code pertaining to local regulation of sidewalk vendors. The
Legislature's expressed intent in enacting SB 946 was to increase economic opportunities
to low income and immigrant communities, increase access to culturally significant food
and merchandise, and to contribute to safe and dynamic public spaces.
SB 946 defines a "sidewalk vendor" as someone who sells food or merchandise on a
sidewalk or pedestrian path, with or without a pushcart, stand or other conveyance. It
prohibits local agencies from regulating sidewalk vendors except in accordance with SB
946, and provides that new and existing ordinances regulating sidewalk vendors are valid
so long as they substantially comply with the new law.
Local jurisdictions that wish to regulate sidewalk vending are required to first adopt a
program with rules and regulations consistent with SB 946. Staff drafted the attached
ordinance (Attachment A) establishing a program to permit and regulate vendors in
compliance with SB 946, should Council determine it wishes to regulate sidewalk vending.
In addition, SB 946 authorizes the regulations to be adopted via Resolution, so the
regulations and permit requirements are also set forth in the proposed Resolution
(Attachment B). The Resolution has the benefit of taking effect right away, while the City
Code which contains most Council-approved regulations can only be amended by
ordinance. For these reasons, City staff recommends that the Council proceed to
approve the Resolution now, and to begin the two-reading process required to adopt the
proposed Code amendments by ordinance.
Currently, the Tustin City Code (TCC) does not specifically address Sidewalk Vending.
The proposed ordinance and resolution will amend the TCC to add a permitting and
regulatory framework for sidewalk vendors to operate within the City. The proposed
ordinance and resolution are consistent with SB 946 in that the regulations facilitate the
entrepreneurial spirit of small business activities such as selling goods from portable
stands or carts. While encouraging more sidewalk vending, the City recognizes the
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Agenda Report— Proposed Resolution Regulating Sidewalk Vendors and Proposed
Amendment to Tustin City Code Pertaining to Sidewalk Vendors
August 18, 2020
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importance of regulation and enforcement of sidewalk vendor activities to promote the
health, safety, and welfare of the public.
DISCUSSION:
The proposed regulations are necessary for several reasons, including but not limited to
the following:
1. To ensure no interference with:
a. The performance of police, firefighter and/or medical personnel services;
b. The flow of pedestrian or vehicular traffic including ingress into, or egress
from, any residence, public building, or place of business, or from the street
to the sidewalk, by persons exiting or entering parked or standing vehicles.
2. To provide reasonable access for the use and maintenance of sidewalks,
pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash
receptacles, firefighter apparatus, mailboxes, as well as access to locations used
for public transportation services;
3. To reduce exposure to the City for personal injury or property damage claims and
litigation; and
4. To ensure sidewalk vending activities only occur in locations where such vending
activities would not restrict sidewalk access to individuals with disabilities.
Sidewalk Vending Permit
Government Code ("GC") Section 51038(c)(4) allows a local authority to require a
sidewalk vendor to obtain a permit, subject to certain limitations. Consistent with SB 946,
the proposed regulations would establish a sidewalk vendor permitting system and
require a valid permit to engage in sidewalk vending activities. The proposed permit
enables the City to effectively regulate such activities and would further help to ensure
sidewalk vendors are complying equally with rules and regulations set forth to protect the
health, safety, and welfare of the public.
Operating Requirements
The proposed regulations include operational requirements such as, but not limited to the
following:
0 Prohibition on operating within medians or streets;
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Agenda Report— Proposed Resolution Regulating Sidewalk Vendors and Proposed
Amendment to Tustin City Code Pertaining to Sidewalk Vendors
August 18, 2020
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• Limitations on hours of operation in residential areas;
• Prohibition on stationary vending in residential areas;
• Sanitation requirements regarding trash and grease disposal;
• Prohibitions on blocking disabled access in streets, sidewalks, etc.;
• Requirement that vendors obtain other required licenses such as a City business
license and required health department permits;
• Requirements for insurance in such types and amounts as the City's Risk Manager
determines should be required for the type of vended materials;
• Locational/distance requirements from intersections, driveways, bus stops, city
facilities, schools, other sidewalk vendors, within parks, near certified farmer's
markets and special events;
• Prohibition on using sound amplifying equipment, flashing lights or animated
devices;
• Prohibition of tents, "easy-up" or other canopies, or generators;
• Limitations on the collective size of tables and other displays used by a vendor;
• Vending cart size standards;
• Prohibition on leaving vending displays unattended;
• Prohibition on vending of services; and
• Prohibition on vending of alcohol, marijuana, adult-oriented material, or tobacco or
related products.
Limitation of Hours of Operation
Government Code section 51038(C)(1) allows the City to place limitations on hours of
operation that are not unduly restrictive. In residential areas, the proposed regulations
would limit the hours of operation for sidewalk vending from 8:00 a.m. to dusk, daily. And
vendors would be prohibited from operating within 500 feet of any school property from
7:00 a.m. to 4:00 p.m. These areas tend to be more sensitive to noise, crowded sidewalks,
and traffic impacts and, therefore, warrant a smaller operational window. Vendors would
be allowed to operate on paths in parks according to the posted hours of park operation.
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Agenda Report— Proposed Resolution Regulating Sidewalk Vendors and Proposed
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August 18, 2020
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Locational Restrictions
The City includes a diverse mixture of residential, institutional, commercial, industrial,
recreational, and open space uses. Some of the sidewalks within the City are narrow,
with a width of less than eight (8) feet. Significant areas of the public right-of-way have
been improved with public-serving amenities, such as trash receptacles, benches, bike
racks, outdoor dining, and street trees. As a result, minimum allowances are conditioned
to service the disabled community and ensure the safety and welfare of the public.
The following table summarizes several key locational restrictions and why it is necessary
to have these restrictions in place to ensure public health, safety and welfare. Additional
findings in support of the restrictions are set forth in the proposed Ordinance (Attachment
A) and proposed Resolution (Attachment B).
PROPOSED RESTRICTION WHY IT IS NECESSARY
No sidewalk vendor shall operate within These land uses are sensitive receptors to
500 feet of any school property from noise and any activity that is disruptive to
7:OOa.m. to 4:OOp.m. when school is in day-to-day operations and the overall
session or during the period of time welfare of said uses. In addition, any
scheduled for graduation ceremonies, and queueing in close proximity to a school
for one hour before and after such can pose a safety issue with children
graduation ceremonies. entering and exiting before and after
school. Adjacency of sidewalk vendors
near these uses could also attract children
off-site or cause children on crowded
sidewalks to walk in the street.
Prohibiting sidewalk vending within To maintain adequate site-line visibility
specified distances from intersections, clearances, limit potential pedestrian and
driveways, crosswalks, bus stops and bus vehicle conflicts and maintain clear paths
shelters. of access for disabled persons in areas
commonly utilized by pedestrians.
Limiting operations within specified These types of event and facilities are
distances of certified Farmer's Markets, often heavily attended and accessible
Special Events and city facilities. sidewalks often become inundated by
heavy pedestrian activity that, when
available sidewalk space narrows due to
vendors, are more likely to walk in the
vehicular right-of-way.
Enforcement, Penalties, and Appeals
The City is limited by SB 946 to enforcing sidewalk vendor regulations to an administrative
fine process only. If a vendor has a permit, but violates the City's regulations, he or she
will be assessed $100 for the first violation, $200 for second violation within a one year of
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Agenda Report— Proposed Resolution Regulating Sidewalk Vendors and Proposed
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the first violation, and then $500 for each additional violation within one year of the first
violation. In accordance with SB 946, the proposed Resolution and Ordinance would
impose higher administrative fines for persons vending without a permit: $250 for the first
violation, $500 for a second violation within one year of the first violation, and then $1,000
for each subsequent violation within one year of the first violation.' The proposed
regulations also provide an opportunity for a violator to apply for an "ability-to-pay
determination,"which is required by SB 946. Under this process, a violator that meets the
State criteria will pay 20% of the fine amount otherwise owing.
While the regulations go into effect upon adoption of the Resolution, staff's intent is to
provide education and warnings and not impose penalties until Ordinance 1508 goes into
effect, unless egregious violations are not corrected after education and warnings have
been provided.
Attachments:
A. Proposed Ordinance No. 1508
B. Proposed Resolution No. 20-55
C. Senate Bill 946 — Summary from League of California Cities
In accordance with SB 946, the amount of the higher fines could be reduced to the corresponding lower
amount (for instance, from $250 to $100) if the vendor later presents evidence of the required permit
before the fine is paid.
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ATTACHMENT A
ORDINANCE NO. 1508
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN ADDING PART 3 TO CHAPTER 3 OF ARTICLE 3 OF
THE TUSTIN CITY CODE PERTAINING TO REGULATION
OF SIDEWALK VENDORS.
WHEREAS, on September 17, 2018, California Governor Brown signed Senate
Bill 946 ("SB 946") into law, which added Chapter 6.2 (commencing with Section 51036)
to Part 1 of Division 1 of Title 5 of the California Government Code to regulate sidewalk
vendors throughout the state, including within the City of Tustin; and
WHEREAS, SB 946 establishes requirements for local regulation of sidewalk
vendors;
WHEREAS, the City seeks to implement sidewalk vending regulations to provide
a licensing and permitting process and impose operational requirements for sidewalk
vendors in the City to comply with SB 946 and protect the health, safety, and welfare of
the community; and
WHEREAS, the City finds that the regulations set forth herein are directly related
to objective health, safety, and welfare concerns, including but not limited to the health,
safety and welfare of vendors, their prospective customers, pedestrians, those protected
by the Americans With Disabilities Act, those operating motor vehicles at intersections
and in rights-of-way adjacent to sidewalks, and the public at large; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: FINDINGS.
A. The purpose of this Ordinance is to regulate sidewalk vendors consistent
with Government Code section 51036 through 51039 while also protecting the health,
safety, and welfare of the public.
B. Prohibiting sidewalk vending in streets and medians is necessary to protect
the health and safety of vendors and their patrons, because they are at risk of being struck
by vehicles and/or causing vehicular accidents if vending occurs in streets or medians.
C. Limiting sidewalk vendors' hours of operation within residential
neighborhoods to specific daylight hours consistent with a residential atmosphere is
necessary to protect the safety of vendors and residents who would be more vulnerable
to criminal activities during evening hours, and to promote the welfare of the residents by
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prohibiting commercial activities and associated noise and traffic during hours when
residents should be able to enjoy peace and quiet.
D. Prohibiting stationary sidewalk vendors in residential neighborhoods and
limiting the amount of time a roaming sidewalk vendor may stay in one location within a
residential neighborhood is necessary for the welfare of the residents of the City. Allowing
sidewalk vendors to operate at a fixed location in a residential neighborhood would
subject the residents to increased noise and traffic, which may be appropriate in
commercial areas, but will interfere with the peace and quiet that residents should enjoy
while in their homes.
E. Prohibiting sidewalk vending within 500 feet of schools is necessary to
protect the health and safety of the K-12 school students because if vendors operate
closer, there is a danger that school children may run into traffic and be injured or killed
trying to reach the vendor. Furthermore, at the end of each school day when children
leave in large numbers at or around the same time, occupying a portion of the sidewalk
with vending would narrow the available sidewalk area for groups of students to pass,
and could cause students to move into the street, subjecting themselves and the
occupants of oncoming vehicles to greater risks of injury.
F. Prohibiting sidewalk vendors from operating within 500 feet from freeway
onramps and offramps will reduce unnecessary or unanticipated slowing of vehicles (i)
approaching freeway onramps where vehicular traffic immediately adjacent to the curb
and sidewalk is most frequently crowded with vehicles, and (ii) exiting freeway offramps
where drivers merging into oncoming traffic often have their attention focused in the
direction of on-coming traffic and away from the vehicles ahead of them such that
unexpected slowing of vehicles ahead is more likely to result in accidents and injuries.
Prohibition of sidewalk vending within 500 feet of such areas will reduce the likelihood of
such unexpected slowing in those areas and protect the health, safety and welfare of the
vendor, customer, and motorists, as it reduces reduce the likelihood of accidents in those
critical areas.
G. Prohibiting sidewalk vendors from operating within 100 feet from street
intersections will ensure that such vending does not impede visual line-of-sight of drivers
approaching intersections. Many right-turn pockets in the City are 100 feet in length, and
prohibiting street vending adjacent to those stretches will reduce unanticipated slowing of
vehicles in an area where drivers approaching the intersections are likely to have their
attention focused in the direction of on-coming cross-traffic. In these ways, the prohibition
protects the health, safety and welfare of the driving public as well as pedestrians, and
vendors and their customers.
H. Prohibiting sidewalk vendors from using sound amplifying devices is
necessary to protect the welfare of residents and visitors to the City by preventing
excessive noise from disturbing the peace and quiet of residential areas or from an
accumulation of excessive noise in commercial and other area. Further, sound amplifying
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devices may cause traffic hazards by distracting drivers resulting in automobile accidents
and harm to pedestrians, so prohibiting their use is necessary for the health and safety of
motorists and pedestrians.
I. Prohibiting the use of flashing lights or animated devices by sidewalk
vendors will reduce unusual visual distractions to the driving public, thus protecting the
health, safety and welfare of motorists and pedestrians.
J. Prohibiting sidewalk vendors from operating within 100 feet of a marked or
unmarked crosswalk, or within 50 feet of a bus stop sign, marked bus zone or transit
shelter, is necessary to protect the health, safety and welfare of disabled persons by
maintaining minimum access needed to comply with the Americans with Disabilities Act,
as well as to ensure that the City's senior residents and visitors have readily accessible
pedestrian pathways in areas commonly utilized by pedestrians.
K. Prohibiting sidewalk vendors from operating within 18 inches from the edge
of the curb face or within 50 feet of a driveway is necessary to protect the health, safety
and welfare of the vendor, customer, and motorists, as it reduces exposure to pedestrian
versus vehicle contact, and ensures better visibility for drivers of vehicles entering or
exiting driveways.
L. Prohibiting sidewalk vendors from operating where placement impedes
pedestrian access to or the use of an abutting property, including but not limited to
residences and places of business, or within parks in areas located within 75 feet of
residences, or within 15 feet of the entrance or exit from any place of business is
necessary to protect the welfare of residents of the City by maintaining property values
and use of said buildings.
M. Prohibiting sidewalk vendors from locating within 50 feet of another
sidewalk vendor will avoid the appearance of a "marketplace" of vendors that would be
more likely to generate crowding on public sidewalks that would further impede pedestrian
and disabled use of the sidewalks, and in turn reduce the likelihood that pedestrians would
enter the vehicular right-of-way, thus protecting the public's health, safety and welfare.
N. Requiring sidewalk vendors to obtain insurance is necessary to protect the
health and safety of the public and employees of sidewalk vendors, because insurance
would help ensure a source of funding for bodily and property damage resulting from
sidewalk vendors' activities. Further, compelling sidewalk vendors to provide liability
insurance with the City named an as additional insured with respect to liability arising out
of a vendor's use of City property is necessary to protect the City against claims for bodily
injury and property damage arising during the vendors' and patrons' uses of City property
for their commercial activity.
O. The regulations set forth herein are directly related to objective health,
safety, and welfare concerns, including but not limited to the health, safety and welfare of
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vendors, their prospective patrons, pedestrians, those protected by the Americans With
Disabilities Act, those operating motor vehicles at intersections and in rights-of-way
adjacent to sidewalks, and the public at large.
P. Requiring vendors to be present at all times while food, drink or
merchandise is on display on a Sidewalk ensures the safety of pedestrian and vehicular
traffic by ensuring that Sidewalk and Public right-of-way remain unobstructed as required
by this Ordinance, and helps ensure that the handling and healthiness of food and drinks
complies at all times with all requirements in the Health Department permit.
SECTION 2: The foregoing recitals and findings are true and correct and
incorporated herein.
SECTION 3: Part 3 of Chapter 3 of Article 3 of the Tustin City Code is added in its
entirety to read as follows:
ARTICLE 3 — BUSINESS REGULATIONS
CHAPTER 3 — GENERAL BUSINESS REGULATIONS
PART 3 - VENDING ON SIDEWALKS
Sections:
3331 Purpose
3332 Definitions
3333 Vending on Sidewalks
3334 Vending in City Parks
3335 Vending in Residential Areas
3336 Vending Near Schools
3337 Sidewalk Vending Permits
3338 Prohibition of Vending During Farmers' Markets, Swap Meets
and Special Events
3339 Violations
Section 3331 - Purpose
The purpose of this chapter is to establish a program to regulate street
vending in accordance with state law. The reasonable time, place and manner
regulations set forth in this chapter are necessary to protect the public health,
safety and welfare by, among other things, ensuring unobstructed pedestrian travel
on City sidewalks and safe and unfettered access to school sites, limiting the
potential for noise and disruption in residential zones, and minimizing potential
conflicts between motor vehicles and pedestrians and vendors in the public right-
of-way. Furthermore, regulations are necessary to prevent unsanitary conditions,
and to ensure trash and debris in the areas vending is taking place are removed
by vendors.
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Section 3332 - Definitions
The following terms used in this Part shall have the meaning indicated below:
"Certified farmers' market" means a location operated in accordance with Chapter
10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural
Code and any regulations adopted pursuant to that chapter.
"Director" means the Director of Finance or designee.
"Food" means any type of edible substance or beverage intended primarily for
consumption by human beings.
"Immediate vicinity" means within five hundred (500) feet.
"Median" means roadway medians and parkway islands.
"Merchandise" means small and easily carried or worn items that are not food or
drinks, including but not limited to, souvenirs, toys, articles of clothing, flowers, etc.
"Public right-of-way" means the area dedicated to public use for street or
pedestrian purposes, including privately owned and maintained roads within the
city that are generally held open to the public for purposes of vehicular and
pedestrian traffic and includes alleys, driveways, highways, medians, parkways,
planter strips, roads, sidewalks, and streets.
"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to
place with stops to complete a transaction.
"School" means any public or private educational institution which is run by the
state or a subdivision thereof or which is licensed by the state to offer pre-school,
elementary or secondary academic instruction, including kindergartens,
elementary schools, middle or junior high schools, and high schools.
"Sidewalk" means that portion of the public right-of-way provided for the primary
use of pedestrians along or adjacent to the street, including a public pathway
provided for the primary use of pedestrians.
"Sidewalk vendor" means a person who sells food, drinks or merchandise from a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance, or from one's person, upon a sidewalk or other
pedestrian path. "Sidewalk vendor" includes "roaming sidewalk vendor" and
"stationary sidewalk vendor."
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"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed
location.
"Swap meet" means a location operated in accordance with Article 6 (commencing
with Section 21660) of Chapter 9 of Division 8 of the Business and Professions
Code, and any regulations adopted pursuant to that article.
"Temporary special permit" means a permit issued by the City for the temporary
use of, or encroachment on, the sidewalk or other public area, including, but not
limited to, an encroachment permit, special event permit, or temporary event
permit, for purposes including, but not limited to, filming, parades, athletic events,
public assemblies, carnivals, festivals, and outdoor concerts.
"Vend, vends, vended or vending" means to sell, offer for sale, expose or display
for sale, solicit offers to purchase, or to barter food or merchandise, or to require
someone to negotiate, establish, or pay a fee before providing food or
merchandise, even if characterized as a donation.
Section 3333 -Vending on Sidewalks
A. A sidewalk vendor shall only operate on sidewalks and no other portion of
the public right-of-way. Sidewalk vendors shall not operate in the
landscaped portions or medians of the public right-of-way.
B. No sidewalk vendor shall sell food or drinks on any portion of the sidewalk
without first obtaining all of the following:
1. A business license pursuant to Chapter 5 of Article 2 of this Code.
2. A sidewalk vending permit pursuant to section 3337;
3. A Health Department permit pursuant to Part 1 of Chapter 1 of Article
4 of this Code.
C. No sidewalk vendor shall sell merchandise on any portion of the sidewalk
without first obtaining both of the following:
1. A business license pursuant to Chapter 5 of Article 2 of this Code.
2. A sidewalk vending permit pursuant to section 3337.
3. Such other permits as may be required by State or local law, such as
a secondhand dealer permit under Part 2 of Chapter 5 of Article 3 of
this Code for the sale of secondhand goods.
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D. At all times, a sidewalk vendor shall be in possession of a valid government-
issued identification, business license, sidewalk vending permit, and Health
Department permit, if applicable. The City-issued sidewalk vending permit
and business license shall be prominently displayed in a publicly visible
location at all times while vending. No trash or refuse generated by
sidewalk vending activities shall be disposed of in public trash receptacles.
A sidewalk vendor shall immediately clean up any food, grease or other fluid
or item related to sidewalk vending activities which fall onto the sidewalk or
other public property.
E. A sidewalk vendor shall maintain a clean and trash-free 10-foot radius
around his or her pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other nonmotorized conveyance at all times when it is
located on public property. When departing a location used for vending, the
sidewalk vendor shall remove all trash and debris from the location. No
trash or refuse generated by sidewalk vending activities shall be disposed
of in public trash receptacles. A sidewalk vendor shall immediately clean
up any food, grease or other fluid or item related to sidewalk vending
activities which fall onto the sidewalk or other public property.
F. No pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or
other nonmotorized conveyance shall be chained or fastened to any pole,
sign, tree, or other object in the public right-of-way or left unattended.
G. For public safety reasons, including pedestrian, vehicular, public and
vendor safety, a sidewalk vendor shall not operate within the number of feet
designated below from the nearest portion of the corresponding location:
1. Within 500 feet from any freeway on-ramp or off-ramp.
2. Within 100 feet from any street intersection.
3. Within 100 feet from any marked or unmarked crosswalk.
4. Within 50 feet of any fire hydrant or fire call box.
5. Within 50 feet of any bus stop sign, marked bus zone or transit
shelter.
6. Within 50 feet of any driveway or other vehicle entrance.
7. Within 50 feet of another sidewalk vendor.
8. On a sidewalk immediately adjacent to any portion of the Tustin Civic
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Center or other city facility.
9. Within 15 feet of the entrance or exit from any place of business.
10. A sidewalk vendor in a park or sidewalk adjacent to a park is
prohibited from operating within 75 feet of the nearest point of any
residential parcel.
It shall not constitute a violation of this subsection G for a roaming sidewalk
vendor to move through the areas designated in this subsection G provided
that the roaming vendor does not engage in any transaction while in any
such area.
H. For public safety reasons, including pedestrian, public and vendor safety, a
sidewalk vendor shall not operate in such a manner that the vendor, the
vendor's cart, the vendor's display, the vendor's goods, or any combination
thereof:
1. reduces the clear space for pedestrian and other public use to a
width of less than 4 feet; or
2. impedes public use of the sidewalk or right-of-way as required by the
Americans with Disabilities Act; or
3. impedes access to or the use of abutting property, including, but not
limited to, residences and places of business; or
4. impedes emergency access for the Police, Fire Department, or
medical personnel to any abutting property; or
5. within 18 inches from the edge of the curb face.
I. Sidewalk vendors are prohibited from operating within a City parking
structure or surface lot without supplemental authorization from the City.
J. In the event of a traffic accident, medical emergency, gas leak, natural
disaster, fire, on-site construction or related work on a capital improvement
project, or an emergency situation, the City may temporarily require
sidewalk vendors to relocate to another location if doing so is necessary to
protect the public's health and safety.
K. Sidewalk vendors may not utilize sound amplifying equipment nor non-
amplified musical or noise making devices.
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L. No sidewalk vendor shall willfully make, continue, or cause to be made or
continued, noise of such a nature or degree as to violate Chapter 6 of Article
4 of this Code.
M. Sidewalk vendors shall not utilize flashing lights or animated devices.
N. The size of the vendor cart(s) and display(s) shall not exceed the width,
length or height necessary for the intended purpose of the vending, nor may
the vendor cart(s) and display(s) impede pedestrian movement, create an
unsafe condition, or be visually unsightly.
O. Vendor carts and displays are allowed subject to all other regulations
herein. Use of tents, "push-up" or other canopies, or generators are not
permitted. Subject to all other requirements of this Part, a vendor's pushcart,
stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance, including any tables utilized, shall not exceed a
combined length of six (6) feet when measured along the longest axis of
each such device. A vendor may have a single chair for the vendor's use
only. A vendor may use an umbrella for shade or protection from rain, but
the umbrella shall not exceed 8 feet in height nor 8 feet in diameter. The
umbrella and chair shall comply at all times with all location restrictions set
forth in this Part.
P. Vending of services is prohibited.
Q. Sidewalk vendors shall not move in, or be located in, any bicycle lane.
R. The sale of alcohol, marijuana, adult-oriented material, tobacco products,
electronic cigarettes or products that contain nicotine, or any product used
to smoke/vape nicotine or marijuana, is prohibited.
S. Use of electrical outlet or power source that is owned by the City, or any
other entity, other than the sidewalk vendor's own battery source is
prohibited.
T. Sidewalk vendors are prohibited from affirmatively offering to vend food or
goods to any person who, on the same day, has declined to purchase food
or merchandise from the vendor, unless the person subsequently and
affirmatively expresses interest in purchasing the food or goods.
U. Vendors shall be present at all times while any food, drink or merchandise
is on display on a Sidewalk. Unattended vending is prohibited.
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Section 3334 -Vending in City Parks
In addition to the requirements set forth in Section 3333, sidewalk vendors in parks
owned or operated by the City are subject to the following restrictions:
A. No stationary sidewalk vendor shall sell food, drinks or merchandise in a
park if the City has signed an agreement for concessions that exclusively
permits the sale of food or merchandise by the concessionaire.
B. No sidewalk vendor shall sell food, drinks or merchandise in a park when
the park has been designated for a temporary special permit issued by the
City, including nearby parking lots used to accommodate the event. A
prohibition of sidewalk vendors pursuant to this section shall only be
effective for the limited duration of the temporary special permit.
C. A sidewalk vendor shall be restricted to operating within the posted hours
of the park.
D. A sidewalk vendor shall not interfere in any way with anyone participating
in a sporting activity.
E. A sidewalk vendor in a park or sidewalk adjacent to is prohibited from
operating within 75 feet of an abutting residential zone.
3335 - Vending in Residential Areas
In addition to the requirements set forth in Section 3333 herein, the following
restrictions shall apply to sidewalk vendors in residential zones:
A. Stationary sidewalk vendors are prohibited.
B. A roaming sidewalk vendor shall move from place to place and stop only to
complete a transaction.
C. A roaming sidewalk vendor shall be restricted to operating within the limited
hours of 8:00 a.m. to dusk.
Section 3336 -Vending Near Schools
In addition to the requirements set forth in Section 3333, no sidewalk vendor shall
operate within 500 feet of any school property from 7:00 a.m. to 4:00 p.m. when
school is in session or during the period of time scheduled for graduation
ceremonies, and for one hour before and after such graduation ceremonies.
Section 3337 - Sidewalk Vending Permits
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A. Application. To obtain or renew a Sidewalk Vending Permit from the
Director, a sidewalk vendor must provide the following as part of their
application:
1. Proof of the applicant's valid government-issued identification.
2. The name, address, and telephone number of the applicant.
3. Whether the applicant intends to operate as a stationary or a roaming
sidewalk vendor, or both.
4. Proof of the applicant's City of Tustin business license.
5. A description of the food, drinks or merchandise offered for sale.
6. If food or drink products will be vended, proof of a valid County health
permit for prepared food products for vending.
7. Proof of a valid State Department of Tax and Fee Administration Seller's
Permit and additional licenses from State or local agencies to the extent
required by law.
8. Payment of an application or renewal fee, which shall be established by
resolution of the City Council to defray the costs of processing the
application for, or renewal of, a permit.
9. A certification by the sidewalk vendor that to his or her knowledge and
belief, the information contained on the form is true.
10.If the sidewalk vendor is an agent of an individual, company, partnership,
or corporation, the name and business address of the principal.
11.Such other information deemed necessary to protect public health,
safety or welfare by the City Manager or designee.
12.Insurance in such types and amounts as the City's Risk Manager
determines should be required for the type of vended materials.
B. Expiration. Permits shall expire one year after the date of issuance.
C. Transfer of Permit. Permits are not transferable.
D. Renewal of Permit After Revocation. A person whose permit is revoked
may not renew their permit for one year from the date it is revoked.
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E. Representatives of the Police Department, health department, Fire
Authority, code enforcement, Department of Community Development, or
other City departments or agencies charged with enforcing the City Code
and other laws related to sidewalk vending activities shall be permitted, at
any time a sidewalk vendor is operating in the City, to inspect a sidewalk
vendor's operation and its vended food and goods for compliance with local
or state laws and regulations.
Section 3338 - Prohibition of Vending During Farmers' Markets, Swap Meets
and Special Events
A. No sidewalk vendor shall operate in areas located within the immediate
vicinity of a permitted certified farmers' market or a permitted swap meet,
including nearby parking lots used to accommodate the event, during the
limited operating hours of that certified farmers' market or swap meet.
B. No sidewalk vendor shall operate in areas located within the immediate
vicinity of an area designated for a temporary special permit issued by the
City, including nearby parking lots used to accommodate the event, during
the limited duration of the temporary special permit.
Section 3339 -Violations
A person found in violation of this Part 3 shall be subject to the following, and
except as provided in subsection E of this Section 3339, these provisions shall be
the exclusive penalties applicable to violations of this Part 3:
A. Operating without a valid sidewalk vending permit:
1. An administrative fine not exceeding two hundred fifty dollars ($250)
for a first violation.
2. An administrative fine not exceeding five hundred dollars ($500) for
a second violation within one year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000)
for each additional violation within one year of the first violation.
4. Payment of any administrative fine imposed pursuant to this section
3339 shall be due within thirty (30) days after notice of the fine is
either (a) delivered in person to the permit holder or (b) deposited in
the mail to the address identified in the permit-holder's most recent
application, whichever occurs first. Failure to pay an administrative
fine within the timeframe established herein may be enforced
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pursuant to Section 1170 of this Code, subject to subsections C and
D of this Section 3339.
5. The administrative fines listed in paragraph (A) of section 3339 may
be reduced from $250 to $100, $500 to $200, and $1,000 to $500,
upon submission of proof of a sidewalk vending permit before
payment of each such fine is due.
B. Operating as a sidewalk vendor in violation of this chapter, other than the
failure to possess a valid sidewalk vending permit:
1. An administrative fine not exceeding one hundred dollars ($100) for
a first violation.
2. An administrative fine not exceeding two hundred dollars ($200) for
a second violation within one year of the first violation.
3. An administrative fine not exceeding five hundred dollars ($500) for
each additional violation within one year of the first violation.
4. The city manager, or designee, may revoke a sidewalk vending
permit issued to a sidewalk vendor upon the fourth or subsequent
violation(s).
C. A sidewalk vendor may contest an administrative fine or revocation of a
sidewalk vending permit issued pursuant to this section 3339 as follows:
1. an administrative fine may be appealed pursuant to the provisions set
forth in sections 1166 through 1169 and section 1171 under this Code.
2. a revocation of a sidewalk vending permit may be appealed pursuant to
the procedures set forth in Tustin City Code section 9294. The Finance
Director's decision to revoke a sidewalk vending permit shall constitute
a "decision of the Director of Community Development" solely for the
purposes of an appeal taken pursuant to section 9294 to contest the
decision to revoke a sidewalk vending permit.
D. A sidewalk vendor who has been issued an administrative fine under this
chapter may request a determination of his or her ability to pay the
administrative fine pursuant to the provisions of Government Code section
51039(f). If the sidewalk vendor shows proof to the satisfaction of the
hearing officer(if the request is made at the time of an administrative appeal
hearing), or the City Manager or his or her designee (if the request is made
at any other time), that he or she meets the criteria set forth in Government
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Code section 68632, subsections (a) or (b), the fine amount shall be
reduced to 20 percent of the original fine amount.
E. Violations of this Code not specifically subject to the limitations set forth in
Section 51039 of the Government Code shall be subject to enforcement
pursuant to Chapter 1121 through 1173 of this Code, as the same may be
amended from time to time, in addition to any other applicable penalties or
remedies prescribed by law at the time of the violation.
SECTION 4: If any section, subsection, subdivision, sentence, clause, phrase,
word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional
by the decision of any court of 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 adopted this Ordinance and each section, subsection, subdivision,
sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions
thereof be declared invalid or unconstitutional.
SECTION 5: The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after adoption.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this day of , 2020.
DR. ALLAN BERNSTEIN
MAYOR
ATTEST:
ERICA N. YASUDA, CITY CLERK
APPROVED AS TO FORM:
DAVID E. KENDIG, CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1508
Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Ordinance No. 1508 was duly
and regularly introduced and read by title only at the regular meeting of the City Council
held on the 18th day of August, 2020, and was given its second reading, passed and
adopted at a regular meeting of the City Council held on the day of , 2020, by the
following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Erica N. Yasuda, City Clerk
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ATTACHMENT B
RESOLUTION NO. 20-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN ADOPTING REGULATIONS REGARDING
SIDEWALK VENDORS AND ADOPTING A FEE FOR
APPLICATIONS FOR SIDEWALK VENDING PERMIT.
WHEREAS, on September 17, 2018, California Governor Brown signed Senate
Bill 946 ("SB 946") into law, which added Chapter 6.2 (commencing with Section 51036)
to Part 1 of Division 1 of Title 5 of the California Government Code to regulate sidewalk
vendors throughout the state, including within the City of Tustin; and
WHEREAS, SB 946 establishes requirements for local regulation of sidewalk
vendors and authorizes such regulations to be adopted by resolution or ordinance;
WHEREAS, the City seeks to implement sidewalk vending regulations to provide
a licensing and permitting process and impose operational requirements for sidewalk
vendors in the City to comply with SB 946 and protect the health, safety, and welfare of
the community; and
WHEREAS, the City finds that the regulations set forth herein are directly related
to objective health, safety, and welfare concerns, including but not limited to the health,
safety and welfare of vendors, their prospective customers, pedestrians, those
protected by the Americans With Disabilities Act, those operating motor vehicles at
intersections and in rights-of-way adjacent to sidewalks, and the public at large; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN
RESOLVES AS FOLLOWS:
SECTION 1: FINDINGS.
A. The purpose of this Resolution is to regulate sidewalk vendors consistent
with Government Code section 51036 through 51039 while also protecting the health,
safety, and welfare of the public.
B. Prohibiting sidewalk vending in streets and medians is necessary to protect
the health and safety of vendors and their patrons, because they are at risk of being struck
by vehicles and/or causing vehicular accidents if vending occurs in streets or medians.
C. Limiting sidewalk vendors' hours of operation within residential
neighborhoods to specific daylight hours consistent with a residential atmosphere is
necessary to protect the safety of vendors and residents who would be more vulnerable
to criminal activities during evening hours, and to promote the welfare of the residents by
prohibiting commercial activities and associated noise and traffic during hours when
residents should be able to enjoy peace and quiet.
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D. Prohibiting stationary sidewalk vendors in residential neighborhoods and
limiting the amount of time a roaming sidewalk vendor may stay in one location within a
residential neighborhood is necessary for the welfare of the residents of the City. Allowing
sidewalk vendors to operate at a fixed location in a residential neighborhood would
subject the residents to increased noise and traffic, which may be appropriate in
commercial areas, but will interfere with the peace and quiet that residents should enjoy
while in their homes.
E. Prohibiting sidewalk vending within 500 feet of schools is necessary to
protect the health and safety of the K-12 school students because if vendors operate
closer, there is a danger that school children may run into traffic and be injured or killed
trying to reach the vendor. Furthermore, at the end of each school day when children
leave in large numbers at or around the same time, occupying a portion of the sidewalk
with vending would narrow the available sidewalk area for groups of students to pass,
and could cause students to move into the street, subjecting themselves and the
occupants of oncoming vehicles to greater risks of injury.
F. Prohibiting sidewalk vendors from operating within 500 feet from freeway
onramps and offramps will reduce unnecessary or unanticipated slowing of vehicles (i)
approaching freeway onramps where vehicular traffic immediately adjacent to the curb
and sidewalk is most frequently crowded with vehicles, and (ii) exiting freeway offramps
where drivers merging into oncoming traffic often have their attention focused in the
direction of on-coming traffic and away from the vehicles ahead of them such that
unexpected slowing of vehicles ahead is more likely to result in accidents and injuries.
Prohibition of sidewalk vending within 500 feet of such areas will reduce the likelihood of
such unexpected slowing in those areas and protect the health, safety and welfare of the
vendor, customer, and motorists, as it reduces reduce the likelihood of accidents in those
critical areas.
G. Prohibiting sidewalk vendors from operating within 100 feet from street
intersections will ensure that such vending does not impede visual line-of-sight of drivers
approaching intersections. Many right-turn pockets in the City are 100 feet in length, and
prohibiting street vending adjacent to those stretches will reduce unanticipated slowing of
vehicles in an area where drivers approaching the intersections are likely to have their
attention focused in the direction of on-coming cross-traffic. In these ways, the prohibition
protects the health, safety and welfare of the driving public as well as pedestrians, and
vendors and their customers.
H. Prohibiting sidewalk vendors from using sound amplifying devices is
necessary to protect the welfare of residents and visitors to the City by preventing
excessive noise from disturbing the peace and quiet of residential areas or from an
accumulation of excessive noise in commercial and other area. Further, sound amplifying
devices may cause traffic hazards by distracting drivers resulting in automobile accidents
and harm to pedestrians, so prohibiting their use is necessary for the health and safety of
motorists and pedestrians.
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I. Prohibiting the use of flashing lights or animated devices by sidewalk
vendors will reduce unusual visual distractions to the driving public, thus protecting the
health, safety and welfare of motorists and pedestrians.
J. Prohibiting sidewalk vendors from operating within 100 feet of a marked or
unmarked crosswalk, or within 50 feet of a bus stop sign, marked bus zone or transit
shelter, is necessary to protect the health, safety and welfare of disabled persons by
maintaining minimum access needed to comply with the Americans with Disabilities Act,
as well as to ensure that the City's senior residents and visitors have readily accessible
pedestrian pathways in areas commonly utilized by pedestrians.
K. Prohibiting sidewalk vendors from operating within 18 inches from the edge
of the curb face or within 50 feet of a driveway is necessary to protect the health, safety
and welfare of the vendor, customer, and motorists, as it reduces exposure to pedestrian
versus vehicle contact, and ensures better visibility for drivers of vehicles entering or
exiting driveways.
L. Prohibiting sidewalk vendors from operating where placement impedes
pedestrian access to or the use of an abutting property, including but not limited to
residences and places of business, or within parks in areas located within 75 feet of
residences, or within 15 feet of the entrance or exit from any place of business is
necessary to protect the welfare of residents of the City by maintaining property values
and use of said buildings.
M. Prohibiting sidewalk vendors from locating within 50 feet of another
sidewalk vendor will avoid the appearance of a "marketplace" of vendors that would be
more likely to generate crowding on public sidewalks that would further impede pedestrian
and disabled use of the sidewalks, and in turn reduce the likelihood that pedestrians would
enter the vehicular right-of-way, thus protecting the public's health, safety and welfare.
N. Requiring sidewalk vendors to obtain insurance is necessary to protect the
health and safety of the public and employees of sidewalk vendors, because insurance
would help ensure a source of funding for bodily and property damage resulting from
sidewalk vendors' activities. Further, compelling sidewalk vendors to provide liability
insurance with the City named an as additional insured with respect to liability arising out
of a vendor's use of City property is necessary to protect the City against claims for bodily
injury and property damage arising during the vendors' and patrons' uses of City property
for their commercial activity.
O. The regulations set forth herein are directly related to objective health,
safety, and welfare concerns, including but not limited to the health, safety and welfare of
vendors, their prospective patrons, pedestrians, those protected by the Americans With
Disabilities Act, those operating motor vehicles at intersections and in rights-of-way
adjacent to sidewalks, and the public at large.
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P. Requiring vendors to be present at all times while food, drink or
merchandise is on display on a Sidewalk ensures the safety of pedestrian and vehicular
traffic by ensuring that Sidewalk and Public right-of-way remain unobstructed as required
by this Resolution, and helps ensure that the handling and healthiness of food and drinks
complies at all times with all requirements in the Health Department permit.
Q. The fee established in Section 4 of this Resolution has been determined by
City staff based on the estimated cost of staff time involved in reviewing and processing
each sidewalk vendor permit or renewal application, and thus does not exceed the
estimated cost of the regulatory program and service required hereunder.
SECTION 2: The foregoing recitals and findings are true and correct and
incorporated herein.
SECTION 3: The following regulations are adopted effective immediately:
Section 3.1 - Purpose
The purpose of this Resolution is to establish a program to regulate street
vending in accordance with state law. The reasonable time, place and manner
regulations set forth in this Resolution are necessary to protect the public health,
safety and welfare by, among other things, ensuring unobstructed pedestrian travel
on City sidewalks and safe and unfettered access to school sites, limiting the
potential for noise and disruption in residential zones, and minimizing potential
conflicts between motor vehicles and pedestrians and vendors in the public right-
of-way. Furthermore, regulations are necessary to prevent unsanitary conditions,
and to ensure trash and debris in the areas vending is taking place are removed
by vendors.
Section 3.2 - Definitions
The following terms used in this Resolution shall have the meaning indicated
below:
"Certified farmers' market" means a location operated in accordance with Chapter
10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural
Code and any regulations adopted pursuant to that chapter.
"Director" means the Director of Finance or designee.
"Food" means any type of edible substance or beverage intended primarily for
consumption by human beings.
"Immediate vicinity" means within five hundred (500) feet.
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"Median" means roadway medians and parkway islands.
"Merchandise" means small and easily carried or worn items that are not food or
drinks, including but not limited to, souvenirs, toys, articles of clothing, flowers, etc.
"Public right-of-way" means the area dedicated to public use for street or
pedestrian purposes, including privately owned and maintained roads within the
city that are generally held open to the public for purposes of vehicular and
pedestrian traffic and includes alleys, driveways, highways, medians, parkways,
planter strips, roads, sidewalks, and streets.
"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to
place with stops to complete a transaction.
"School" means any public or private educational institution which is run by the
state or a subdivision thereof or which is licensed by the state to offer pre-school,
elementary or secondary academic instruction, including kindergartens,
elementary schools, middle or junior high schools, and high schools.
"Sidewalk" means that portion of the public right-of-way provided for the primary
use of pedestrians along or adjacent to the street, including a public pathway
provided for the primary use of pedestrians.
"Sidewalk vendor" means a person who sells food, drinks or merchandise from a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance, or from one's person, upon a sidewalk or other
pedestrian path. "Sidewalk vendor" includes "roaming sidewalk vendor" and
"stationary sidewalk vendor."
"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed
location.
"Swap meet" means a location operated in accordance with Article 6 (commencing
with Section 21660) of Chapter 9 of Division 8 of the Business and Professions
Code, and any regulations adopted pursuant to that article.
"Temporary special permit" means a permit issued by the City for the temporary
use of, or encroachment on, the sidewalk or other public area, including, but not
limited to, an encroachment permit, special event permit, or temporary event
permit, for purposes including, but not limited to, filming, parades, athletic events,
public assemblies, carnivals, festivals, and outdoor concerts.
"Vend, vends, vended or vending" means to sell, offer for sale, expose or display
for sale, solicit offers to purchase, or to barter food or merchandise, or to require
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someone to negotiate, establish, or pay a fee before providing food or
merchandise, even if characterized as a donation.
Section 3.3 -Vending on Sidewalks
A. A sidewalk vendor shall only operate on sidewalks and no other portion of
the public right-of-way. Sidewalk vendors shall not operate in the
landscaped portions or medians of the public right-of-way.
B. No sidewalk vendor shall sell food or drinks on any portion of the sidewalk
without first obtaining all of the following:
1. A business license pursuant to Chapter 5 of Article 2 of the Tustin
City Code.
2. A sidewalk vending permit pursuant to section 3.7 of this Resolution;
3. A Health Department permit pursuant to Part 1 of Chapter 1 of Article
4 of the Tustin City Code.
C. No sidewalk vendor shall sell merchandise on any portion of the sidewalk
without first obtaining both of the following:
1. A business license pursuant to Chapter 5 of Article 2 of the Tusti City
Code.
2. A sidewalk vending permit pursuant to section 3.7 of this Resolution.
3. Such other permits as may be required by State or local law, such as
a secondhand dealer permit under Part 2 of Chapter 5 of Article 3 of
the Tustin City Code for the sale of secondhand goods.
D. At all times, a sidewalk vendor shall be in possession of a valid government-
issued identification, business license, sidewalk vending permit, and Health
Department permit, if applicable. The City-issued sidewalk vending permit
and business license shall be prominently displayed in a publicly visible
location at all times while vending. No trash or refuse generated by
sidewalk vending activities shall be disposed of in public trash receptacles.
A sidewalk vendor shall immediately clean up any food, grease or other fluid
or item related to sidewalk vending activities which fall onto the sidewalk or
other public property.
E. A sidewalk vendor shall maintain a clean and trash-free 10-foot radius
around his or her pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other nonmotorized conveyance at all times when it is
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located on public property. When departing a location used for vending, the
sidewalk vendor shall remove all trash and debris from the location.
F. No pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or
other nonmotorized conveyance shall be chained or fastened to any pole,
sign, tree, or other object in the public right-of-way or left unattended.
G. For public safety reasons, including pedestrian, vehicular, public and
vendor safety, a sidewalk vendor shall not operate within the number of feet
designated below from the nearest portion of the corresponding location:
1. Within 500 feet from any freeway on-ramp or off-ramp.
2. Within 100 feet from any street intersection.
3. Within 100 feet from any marked or unmarked crosswalk.
4. Within 50 feet of any fire hydrant or fire call box.
5. Within 50 feet of any bus stop sign, marked bus zone or transit
shelter.
6. Within 50 feet of any driveway or other vehicle entrance.
7. Within 50 feet of another sidewalk vendor.
8. On a sidewalk immediately adjacent to any portion of the Tustin Civic
Center or other city facility.
9. Within 15 feet of the entrance or exit from any place of business.
10. A sidewalk vendor in a park or sidewalk adjacent to a park is
prohibited from operating within 75 feet of the nearest point of any
residential parcel.
It shall not constitute a violation of this subsection G for a roaming sidewalk
vendor to move through the areas designated in this subsection G provided
that the roaming vendor does not engage in any transaction while in any
such area.
H. For public safety reasons, including pedestrian, public and vendor safety, a
sidewalk vendor shall not operate in such a manner that the vendor, the
vendor's cart, the vendor's display, the vendor's goods, or any combination
thereof:
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1. reduces the clear space for pedestrian and other public use to a
width of less than 4 feet; or
2. impedes public use of the sidewalk or right-of-way as required by the
Americans with Disabilities Act; or
3. impedes access to or the use of abutting property, including, but not
limited to, residences and places of business; or
4. impedes emergency access for the Police, Fire Department, or
medical personnel to any abutting property; or
5. is located within 18 inches from the edge of the curb face.
I. Sidewalk vendors are prohibited from operating within a City parking
structure or surface lot without supplemental authorization from the City.
J. In the event of a traffic accident, medical emergency, gas leak, natural
disaster, fire, on-site construction or related work on a capital improvement
project, or an emergency situation, the City may temporarily require
sidewalk vendors to relocate to another location if doing so is necessary to
protect the public's health and safety.
K. Sidewalk vendors may not utilize sound amplifying equipment nor non-
amplified musical or noise making devices.
L. No sidewalk vendor shall willfully make, continue, or cause to be made or
continued, noise of such a nature or degree as to violate Chapter 6 of Article
4 of the Tustin City Code.
M. Sidewalk vendors shall not utilize flashing lights or animated devices.
N. The size of the vendor cart(s) and display(s) shall not exceed the width,
length or height necessary for the intended purpose of the vending, nor may
the vendor cart(s) and display(s) impede pedestrian movement, create an
unsafe condition, or be visually unsightly.
O. Vendor carts and displays are allowed subject to all other regulations
herein. Use of tents, "push-up" or other canopies, or generators are not
permitted. Subject to all other requirements of this Resolution, a vendor's
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance, including any tables utilized, shall not exceed a
combined length of six (6) feet when measured along the longest axis of
each such device. A vendor may have a single chair for the vendor's use
only. A vendor may use an umbrella for shade or protection from rain, but
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the umbrella shall not exceed 8 feet in height nor 8 feet in diameter. The
umbrella and chair shall comply at all times with all location restrictions set
forth in this Resolution.
P. Vending of services is prohibited.
Q. Sidewalk vendors shall not move in, or be located in, any bicycle lane.
R. The sale of alcohol, marijuana, adult-oriented material, tobacco products,
electronic cigarettes or products that contain nicotine, or any product used
to smoke/vape nicotine or marijuana, is prohibited.
S. Use of electrical outlet or power source that is owned by the City, or any
other entity, other than the sidewalk vendor's own battery source is
prohibited.
T. Sidewalk vendors are prohibited from affirmatively offering to vend food or
goods to any person who, on the same day, has declined to purchase food
or merchandise from the vendor, unless the person subsequently and
affirmatively expresses interest in purchasing the food or goods.
U. Vendors shall be present at all times while any food, drink or merchandise
is on display on a Sidewalk. Unattended vending is prohibited.
Section 3.4 -Vending in City Parks
In addition to the requirements set forth in Section 3.3, sidewalk vendors in parks
owned or operated by the City are subject to the following restrictions:
A. No stationary sidewalk vendor shall sell food, drinks or merchandise in a
park if the City has signed an agreement for concessions that exclusively
permits the sale of food or merchandise by the concessionaire.
B. No sidewalk vendor shall sell food, drinks or merchandise in a park when
the park has been designated for a temporary special permit issued by the
City, including nearby parking lots used to accommodate the event. A
prohibition of sidewalk vendors pursuant to this section shall only be
effective for the limited duration of the temporary special permit.
C. A sidewalk vendor shall be restricted to operating within the posted hours
of the park.
D. A sidewalk vendor shall not interfere in any way with anyone participating
in a sporting activity.
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3.5 - Vending in Residential Areas
In addition to the requirements set forth in Section 3.3 herein, the following
restrictions shall apply to sidewalk vendors in residential zones:
A. Stationary sidewalk vendors are prohibited.
B. A roaming sidewalk vendor shall move from place to place and stop only to
complete a transaction.
C. A roaming sidewalk vendor shall be restricted to operating within the limited
hours of 8:00 a.m. to dusk.
Section 3.6 -Vending Near Schools
In addition to the requirements set forth in Section 3.3, no sidewalk vendor shall
operate within 500 feet of any school property from 7:00 a.m. to 4:00 p.m. when
school is in session or during the period of time scheduled for graduation
ceremonies, and for one hour before and after such graduation ceremonies.
Section 3.7 - Sidewalk Vending Permits
A. Application. To obtain or renew a Sidewalk Vending Permit from the
Director, a sidewalk vendor must provide the following as part of their
application:
1. Proof of the applicant's valid government-issued identification.
2. The name, address, and telephone number of the applicant.
3. Whether the applicant intends to operate as a stationary or a roaming
sidewalk vendor, or both.
4. Proof of the applicant's valid City of Tustin business license.
5. A description of the food, drinks or merchandise offered for sale.
6. If food or drink products will be vended, proof of a valid County health
permit for prepared food products for vending.
7. Proof of a valid State Department of Tax and Fee Administration Seller's
Permit and additional licenses from State or local agencies to the extent
required by law.
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8. Payment of the sidewalk vendor application or renewal fee established
in Section 4 below, as the same may be updated from time to time by
Resolution.
9. A certification by the sidewalk vendor that to his or her knowledge and
belief, the information contained on the form is true.
10.If the sidewalk vendor is an agent of an individual, company, partnership,
or corporation, the name and business address of the principal.
11.Such other information deemed necessary to protect public health,
safety or welfare by the City Manager or designee.
12.Insurance in such types and amounts as the City's Risk Manager
determines should be required for the type of vended materials.
B. Expiration. Permits shall expire one year after the date of issuance.
C. Transfer of Permit. Permits are not transferable.
D. Renewal of Permit After Revocation. A person whose permit is revoked
may not renew their permit for one year from the date it is revoked.
E. Representatives of the Police Department, health department, Fire
Authority, code enforcement, Department of Community Development, or
other City departments or agencies charged with enforcing the City Code
and other laws related to sidewalk vending activities shall be permitted, at
any time a sidewalk vendor is operating in the City, to inspect a sidewalk
vendor's operation and its vended food and goods for compliance with local
or state laws and regulations.
Section 3.8 - Prohibition of Vending During Farmers' Markets, Swap Meets
and Special Events
A. No sidewalk vendor shall operate in areas located within the immediate
vicinity of a permitted certified farmers' market or a permitted swap meet,
including nearby parking lots used to accommodate the event, during the
limited operating hours of that certified farmers' market or swap meet.
B. No sidewalk vendor shall operate in areas located within the immediate
vicinity of an area designated for a temporary special permit issued by the
City, including nearby parking lots used to accommodate the event, during
the limited duration of the temporary special permit.
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Section 3.9 -Violations
A person found in violation of this Resolution shall be subject to the following, and
except as provided in subsection E of this Section 3.9, these provisions shall be
the exclusive penalties applicable to violations of this Resolution:
A. Operating without a valid sidewalk vending permit:
1. An administrative fine not exceeding two hundred fifty dollars ($250)
for a first violation.
2. An administrative fine not exceeding five hundred dollars ($500) for
a second violation within one year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000)
for each additional violation within one year of the first violation.
4. Payment of any administrative fine imposed pursuant to this section
3.9 shall be due within thirty (30) days after notice of the fine is either
(a) delivered in person to the permit holder or (b) deposited in the
mail to the address identified in the permit-holder's most recent
application, whichever occurs first. Failure to pay an administrative
fine within the timeframe established herein may be enforced
pursuant to Section 1170 of the Tustin City Code, subject to
subsections C and D of this Section 3.9.
5. The administrative fines listed in paragraph (A) of section 3.9 may be
reduced from $250 to $100, $500 to $200, and $1,000 to $500, upon
submission of proof of a sidewalk vending permit before payment of
each such fine is due.
B. Operating as a sidewalk vendor in violation of this chapter, other than the
failure to possess a valid sidewalk vending permit:
1. An administrative fine not exceeding one hundred dollars ($100) for
a first violation.
2. An administrative fine not exceeding two hundred dollars ($200) for
a second violation within one year of the first violation.
3. An administrative fine not exceeding five hundred dollars ($500) for
each additional violation within one year of the first violation.
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4. The city manager, or designee, may revoke a sidewalk vending
permit issued to a sidewalk vendor upon the fourth or subsequent
violation(s).
C. A sidewalk vendor may contest an administrative fine or revocation of a
sidewalk vending permit issued pursuant to this section 3.9 as follows:
1. an administrative fine may be appealed pursuant to the provisions set
forth in sections 1166 through 1169 and section 1171 of the Tustin City
Code.
2. a revocation of a sidewalk vending permit may be appealed pursuant to
the procedures set forth in Tustin City Code section 9294. The Finance
Director's decision to revoke a sidewalk vending permit shall constitute
a "decision of the Director of Community Development" solely for the
purposes of an appeal taken pursuant to section 9294 of the Tustin City
Code to contest the decision to revoke a sidewalk vending permit.
D. A sidewalk vendor who has been issued an administrative fine pursuant to
this Resolution may request a determination of his or her ability to pay the
administrative fine pursuant to the provisions of Government Code section
51039(f). If the sidewalk vendor shows proof to the satisfaction of the
hearing officer(if the request is made at the time of an administrative appeal
hearing), or the City Manager or his or her designee (if the request is made
at any other time), that he or she meets the criteria set forth in Government
Code section 68632, subsections (a) or (b), the fine amount shall be
reduced to 20 percent of the original fine amount.
E. Violations of the Tustin City Code not specifically subject to the limitations
set forth in Section 51039 of the Government Code shall be subject to
enforcement pursuant to Chapter 1121 through 1173 of the Tustin City
Code, as the same may be amended from time to time, in addition to any
other applicable penalties or remedies prescribed by law at the time of the
violation.
SECTION 4: SIDEWALK VENDOR PERMIT APPLICATION OR RENEWAL FEE.
The fee for a sidewalk vendor permit application or renewal shall be One Hundred and
Four dollars ($104), until this Resolution is superseded by Resolution of the City Council
revising or revoking the fee.
SECTION 5: EFFECTIVENESS: This Resolution shall take effect immediately
upon adoption. The provisions of this Resolution shall remain in effect until superseded
by a subsequent Resolution or Ordinance regulating sidewalk vendors, except that the
provisions of Section 4 (Sidewalk Vendor Permit Application or Renewal Fee) shall
remain in effect until superseded by subsequent Resolution of the City Council expressly
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revising or revoking the fee established in Section 4. In the event an ordinance regulating
sidewalk vendors is adopted that requires payment of a fee for a sidewalk vendor permit
application or renewal fee, it is expressly the intent of the City Council that the fees
established by Section 4 of this Resolution shall be the fee required by the subsequent
ordinance, unless superseded by subsequent Resolution expressly revising or revoking
the fees established in Section 4.
SECTION 6: If any section, subsection, subdivision, sentence, clause, phrase,
word, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Resolution. The City Council hereby declares
that it would have adopted this Resolution and each section, subsection, subdivision,
sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions
thereof be declared invalid or unconstitutional.
SECTION 7: The Mayor shall sign, and the City Clerk shall certify to the passage
and adoption of, this Resolution.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this 18th day of August, 2020.
DR. ALLAN BERNSTEIN
MAYOR
ATTEST:
ERICA N. YASUDA, CITY CLERK
APPROVED AS TO FORM:
DAVID E. KENDIG, CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 20-55
Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Resolution No. 20-55 was duly
approved at the regular meeting of the City Council held on the 18th day of August, 2020
by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Erica N. Yasuda, City Clerk
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LEAGUE°
OF CALIFORNIA
CITIES
SB 946 (LARA) STREET VEENDING -- BILL ANALYSIS
Orange County Division Members,
I've been receiving a lot of requests for an analysis on SB 946, the street vending bill that has
been opposed by the League since its inception and was signed into law by Governor Brown.
Down below and attached is a detailed bill analysis, however, here are the main points for cities
to keep in mind:
I. Cities are prohibited from banning street vending.
2. Cities can regulate street vending within the parameters of SB 946, mainly with regard to
health, safety, and welfare concerns.
3. Cities can require a street vendor to obtain a permit to operate, charge a business license
fee, etc.
4. Street vending has been decriminalized—only punishable by administrative fines.
5. If a city fails to adopt a street vending ordinance in accordance with SB 946, the city has
no ability to issue any citation or fine.
Bill Summary:
This measure would prohibit a local authority from adopting rules or regulations, by ordinance or
resolution, that regulate or prohibit sidewalk vendors unless it first adopts a sidewalk vending
licensing program that requires a sidewalk vendor to obtain a license from the local authority
before selling food or merchandise.
Bill Description:
Specifically, SB 946 allows a local authority to adopt a sidewalk vending licensing program that
requires a sidewalk vendor to obtain a license from the local authority before he or she is
authorized to sell food or merchandise.
The local authority's licensing system shall comply with all of the following standards:
• A local authority shall not restrict the location of a licensed sidewalk vendor unless the
restriction is directly related to objective health, safety, or welfare concerns.
• A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in
a park owned or operated by the local authority, except the local authority may prohibit
stationary sidewalk vendors from vending in the park only if the operator of the park has
signed an agreement for concessions that exclusively permits the sale of food or
merchandise by the concessionaire.
• A local authority may adopt additional requirements regulating the time, place, and
manner of sidewalk vending in a park owned or operated by the local authority if the
requirements are any of the following:
o Directly related to objective health, safety, or welfare concerns.
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o Necessary to ensure the public's use and enjoyment of natural resources and
recreational opportunities.
o Necessary to prevent an undue concentration of commercial activity that
unreasonably interferes with the scenic and natural character of the park.
• A local authority shall not require a licensed sidewalk vendor to first obtain the consent
or approval of any nongovernmental entity or individual before he or she can sell food or
merchandise.
• A local authority shall not restrict sidewalk vendors to operate only in a designated
neighborhood or area, except when that restriction is directly related to objective health,
safety, or welfare concerns.
• A local authority may prohibit stationary sidewalk vendors in areas that are zoned
exclusively residential, but shall not prohibit roaming sidewalk vendors.
• A local authority may prohibit sidewalk vendors in areas located within the immediate
vicinity of a permitted certified farmers' market or a permitted swap meet during the
limited operating hours of that certified farmers' market or swap meet.
• A local authority may restrict or prohibit sidewalk vendors within the immediate vicinity
of an area designated for a temporary special permit issued by the local authority,
provided that any notice, business interruption mitigation, or other rights provided to
affected businesses or property owners under the local authority's temporary special
permit are also provided to any sidewalk vendors specifically permitted to operate in the
area, if applicable.
• A local authority shall not restrict the overall number of sidewalk vendor licenses issued
unless the restriction is directly related to objective health, safety, or welfare concerns.
• Perceived community animus or economic competition does not constitute an objective
health, safety, or welfare concern.
• A local authority may, by ordinance or resolution, adopt additional requirements
regulating the time, place, and manner of sidewalk vending if the requirements are
directly related to objective health, safety, or welfare concerns, including, but not limited
to, any of the following:
o Limitations on hours of operation that are not unduly restrictive. In nonresidential
areas, any limitations on the hours of operation for sidewalk vending shall not be
more restrictive than any limitations on hours of operation imposed on other
businesses or uses on the same street.
o Requirements to maintain sanitary conditions.
o Requirements necessary to ensure compliance with the federal Americans with
Disabilities Act of 1990 (Public Law 101-336) and other disability access
standards.
o Requiring the sidewalk vendor to obtain from the local authority a permit for
sidewalk vending or a valid business license.
o Requiring the sidewalk vendor to possess a valid California Department of Tax
and Fee Administration seller's permit.
o Requiring additional licenses from other state or local agencies to the extent
required by law.
o Requiring compliance with other generally applicable laws.
o Requiring a sidewalk vendor to submit information on his or her operations,
including, but not limited to, any of the following:
■ The name and current mailing address of the sidewalk vendor.
■ A description of the merchandise offered for sale or exchange.
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■ certification by the vendor that to his or her knowledge and belief, the
information contained on the form is true.
■ The California seller's permit number(California Department of Tax and
Fee Administration sales tax number), if any, of the sidewalk vendor.
■ If the sidewalk vendor is an agent of an individual, company, partnership,
or corporation,the name and business address of the principal.
A violation of a local authority's sidewalk vending program that complies with Section 51038 is
punishable only by the following:
• An administrative fine not exceeding one hundred dollars ($100) for a first violation.
• An administrative fine not exceeding two hundred dollars ($200) for a second violation
within one year of the first violation.
• An administrative fine not exceeding five hundred dollars ($500) for each additional
violation within one year of the first violation.
• A local authority may rescind a permit issued to a sidewalk vendor for the term of that
permit upon the fourth violation or subsequent violations.
If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local
authority, vending without a sidewalk vending permit may be punishable by the following:
• An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
• An administrative fine not exceeding five hundred dollars ($500) for a second violation
within one year of the first violation.
• An administrative fine not exceeding one thousand dollars ($1,000) for each additional
violation within one year of the first violation.
• Upon proof of a valid permit issued by the local authority, the administrative fines shall
be reduced to the administrative fines set forth in paragraph(1).
Failure to pay an administrative fine shall not be punishable as an infraction or misdemeanor.
Additional fines, fees, assessments, or any other financial conditions beyond those authorized in
this measure shall not be assessed.
A violation of a local authority's sidewalk vending program that complies with Section 51038, or
a violation of any rules or regulations adopted prior to January 1, 2019,that regulate or prohibit
sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction
or misdemeanor, and the person alleged to have violated any of those provisions shall not be
subject to arrest except when permitted under law.
This shall apply to all pending criminal prosecutions under any local ordinance or resolution
regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not
reached final judgment shall be dismissed.
A local authority that has not adopted rules or regulations by ordinance or resolution that comply
with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule
or regulation that is inconsistent with the standards described in subdivision(b) Section 5 103 8.
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"Sidewalk vendor" is a person who sells food or merchandise from a pushcart, stand, display,
pedal-driven cart,wagon, showcase, rack, or other non-motorized conveyance upon a public
sidewalk or other pedestrian path.
"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops
only to complete a transaction.
"Stationary sidewalk vendor"means a sidewalk vendor who vends from a fixed location.
"Local authority" means a chartered or general law city, county, or city and county.
TONY CARDENAS
Public Affairs Regional Manager
Orange County Division
League of California Cities
(714) 944-4023
Tcardenas&cacities.org
LEAGUE®
OF CALI FORN[A
C I T I E S STRENGTHENING CALIFORNIA CITIES THROUGH ADVOCACY AND
EDUCATION
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