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HomeMy WebLinkAbout12 - PH-2 - Presentation - 10/15/2019PROPOSED SIDEWALK VENDOR ORDINANCE Regulating Sidewalk Vendors Under Senate Bill 946 Presented by Tarquin Preziosi City Attorney’s Office October 15, 2019 v v 2REASONS FOR PROPOSED ORDINANCE SB 946 •Effective January 1, 2019. •Prohibits cities from regulating sidewalk vendors except as specified. •Existing regulations that “substantially comply” with SB 946 are allowed. •The City currently prohibits sidewalk vending from most public property. •CMMC 9-191. •Does not “substantially comply”. •General Requirements: •Cities must allow sidewalk vending in most areas of the public right of way; •Decriminalizes violations of local ordinances & limits enforcement to administrative citation; •Cannot limit sidewalk vendors to specific parts of the ROW except when directly related to objective health, safety or welfare concerns; and •Per SB 946 perceived community animus/economic competition are not objective health, safety or welfare concerns. v v 3SB 946 REGULATORY RESTRICTIONS •Cannot prohibit sidewalk vendors from operating in a public park. •Can prohibit stationary sidewalk vending per an exclusive concession. •Can adopt reasonable time, manner and place restrictions inside public parks: • if directly related to objective health, safety or welfare concern; • when necessary to ensure the public’s use and enjoyment of the park; or • if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the character of the park. •Cannot restrict sidewalk vendors to operate only in designated neighborhoods: • except when directly related to objective health, safety or welfare concerns. •Can prohibit stationary sidewalk vendors from operating in residential areas. •Cannot prohibit roaming sidewalk vendors. •Cannot restrict the overall number of sidewalk vendors: • unless directly related to objective health, safety or welfare concerns. v v 4SB 946 REGULATORY RESTRICTIONS, CONT’D Can limit the hours of operation for sidewalk vendors unless “unduly restrictive”: •in commercial areas must be the same as for other businesses on the same street. •Can impose sanitary conditions and requirements to comply with disabled access standards. •Cannot require a social security number from the prospective permittee. •Can require sidewalk vendors to submit information regarding their operations, including a mailing address, a description of merchandise, and other information. •Can prohibit sidewalk vendors from operating near farmers’ markets, swap meets, and other events subject to a special permit. •Violations of local regulations limited to administrative citations only in specified amounts. •No criminal penalties or arrest. v v 5PROPOSED ORDINANCE LICENSING REQUIREMENTS Regular City Business License. •Sidewalk Vendor Permit - significant requirements: •liability insurance; •defend and indemnify City; •county health permit if selling food; and •fees to be set by resolution. v v 6OPERATIONAL REQUIREMENTS Designed to: •maintain safe access to the ROW; and •minimize impacts related to noise, trash and visual distractions. •Significant requirements: •sidewalk vending receptacles must be attended at all times; and •no disruptive behavior, interfering with sporting events, and other activities that affect the public’s safe use, passage and enjoyment of parks and rights of way. •Hours of operation 7 a.m. to11:00 p.m. daily: •if within 500 feet of another business open to the public sidewalk may operate during same hours; •in residentially zoned areas, between 9:00 a.m. and 5:00 p.m. daily; and •in parks, all sidewalk vending is limited to the hours when parks are open. v v 7SIGNIFICANT PROHIBITIONS Renting merchandise; •Displaying merchandise or food that is not available for immediate sale; •Selling alcohol, marijuana, adult material, tobacco, products with nicotine or used to smoke/vape nicotine or marijuana; •Using an open flame; and •Using a power source owned by the city or person other than the vendor. v v 8LOCATIONAL RESTRICTIONS The Civic Center. •On property other than a sidewalk or pathway: •i.e., alley, trail, bike path, square, street, parking lot. •On bike paths or mixed use paths. •On sidewalks or pathways less than 8 feet wide by a stationary vendor. •On sidewalks or pathways less than 4 feet wide by a mobile vendor. v v 9LOCATIONAL RESTRICTIONS, CONT’D. Areas posted as closed. •City sidewalk immediately adjacent to the Orange County Fairgrounds: •while Fair is in session. •Fairview Park: •due to the unique character of the park; however •can be allowed with a special event permit. v v 10LOCATIONAL RESTRICTIONS, CONT’D. Within 200 feet of: •A police station; •A fire station; •Any capital facility; •A farmers’ market or swap meet; and •An area designated for a special event, pursuant to a permit. v v 11LOCATIONAL RESTRICTIONS, CONT’D. Within 100 feet of: •schools, places of worship, day-care facilities; •intersection of a street and a sidewalk; •any public picnic area, playground area or playground equipment; •the portion of any city facility that is renting merchandise or selling food to the public or where the rental merchandise is stored; •first responders in the line of duty; or •if vending food, a dog park. v v 12LOCATIONAL RESTRICTIONS, CONT’D. Within 25 feet of various specified locations, including: •public swimming pool; •ATMs; •driveways; •entrances to buildings; and •community centers, athletic field, etc. v v 13LOCATIONAL RESTRICTIONS, CONT’D. Stationary sidewalk vendors may not vend: •at City parks with an exclusive concession agreement; or •on sidewalks or pathways directly adjacent to or within residential areas. v v 14PENALTIES Violations subject to civil citation only in specified amounts. •If ordinance introduced, staff will return with an SB 946 compliant fine schedule. •A SWV permit is subject to revocation on 4th violation in one year. •Remedies for violations of other code sections or state law are unaffected. v v 15CITY DEPARTMENTAL INVOLVEMENT The Financial Services Department will be primarily responsible for permitting and related matters. •Other Departments involved in the ordinance that are available to answer questions: •Economic and Developmental Services Department; •Fire Department; •Parks and Community Services Department; •Police Department; and •Public Services Department. •The City Attorney’s Office is available to answer all legal questions from the City Council.