Loading...
ORDINANCE 1593ORDINANCE NO. 1593 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE 4 AND SECTIONS 7-6-5 AND 10-1-4 TO REGULATE SIDEWALK VENDING IN ACCORDANCE WITH STATE LAW The City Council of the City of EI Segundo does ordain as follows: SECTION 1. The City Council finds and determines as follows: A. The City of EI Segundo, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents. Furthermore, Government Code § 38771 authorizes the city to declare what constitutes a nuisance by ordinance; B. In 2018, Senate Bill 946, the "Safe Sidewalk Vending Act," became law (Gov. Code § 51036 et seq.). The Act decriminalized sidewalk vending and allowed, among other things, the sale of food from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance upon a public sidewalk or pedestrian path; C. Amendments to the EI Segundo Municipal Code (ESMC) implemented by this Ordinance are necessary to create a Sidewalk Vending Program that will provide licensing regulations of street vendors in EI Segundo and limit penalties to a specified schedule of fines, consistent with state law; D. The City Council finds it is in the public interest to adopt this ordinance to regulate sidewalk vending consistent with state law; and preserve public health, safety and welfare. SECTION 2. Factual Findings and Conclusions. The City Council finds that the following facts exist and makes the following conclusions: A. The City is a safe, family friendly environment where families regularly enjoy outdoor activities, including organized youth sports leagues in city parks and the City's certified farmer's market on Thursday nights in downtown. While the City Council respects the desire of micro -entrepreneurs to conduct sidewalk vending in commercial areas, the City Council desires to ensure residents' use and enjoyment of the City's natural resources and recreational opportunities and prevent commercial activity that interferes with scenic and natural character of city parks; B. The City has a strong interest in ensuring appropriate flow of traffic within the City and ensuring the safety of pedestrians on the road or sidewalk; C. Street food vending has become an important public health issue and a great concern due to widespread food borne diseases caused, in part, by food vendors who lack an adequate understanding of basic food safety and food -handling requirements, Major sources contributing to microbial contamination are the place of preparation, utensils for cooking and serving, raw materials, time and temperature of cooked foods, and the personal hygiene of vendors; D. Contamination of street foods may often be linked to the waste generated and dumped near the vending site. The lack of facilities for liquid drainage and wastewater and garbage disposal encourages wastes to be thrown nearby, sometimes in streets and storm drains, large amounts of which harbor insects and animal pests that are linked to enteric disease transmission; E. Obesity, especially among children and adolescents, is a critical issue. A policy restricting the proliferation of unhealthy food sources near school campuses and promoting the sale of healthier food near schools may help address this epidemic locally; and F. There is a need to regulate the sale of food and merchandise in the public right-of-way to ensure that vendors prepare food safely, and according to the requirements of the Los Angeles County Department of Public Health; to prevent unsanitary conditions; to ensure trash and debris are removed by vendors; and to safeguard pedestrian movement on the sidewalk. SECTION 3. Environmental Assessment The City Council finds that the Ordinance is not subject to review under the California Environmental Quality Act ("CEQA") under CEQA Guidelines, section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Adopting this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. SECTION 4. SSMC Section 4-2-35 is amended as follows: "4-2-35: PEDDLING: A. Generally: Every person peddling services, not otherwise mentioned in this Chapter, shall pay a business license tax of one hundred three dollars ($103.00) per year, and shall obtain a special permit from the City -Council to do so prior to engaging in such activities. The -C" B. Food: Every person peddling foods, foodstuffs, and food products, other than from catering food trucks, shall pay a business license tax of fifty dollars ($50.00) per year where the person is on foot, and one hundred three dollars ($103.00) per year where the same is sold from a vehicle, and shall obtain a special permit from the City Goww4l--to do so Pursuant to ORDINANCE NO. 1593 PAGE 2 of 13 Chapter 4-15 of this Cole prior to engaging in such activities. The Git7 ~nannor, C. Miscellaneous Merchandise: Every person peddling any goods, wares, magazines, or merchandise not otherwise provided for in this Chapter, shall pay a business license tax of ten dollars ($10.00) per day where such person is on foot, and twenty dollars ($20.00) per day where the same is sold from a vehicle, and shall obtain a special permit from the City Oouneil to do so pursuant to Chapter 4-16 of this Code prior to engaging in such activities. T-he-�Glt pf�-by D. Popcorn, Souvenirs: Every person peddling popcorn, peanuts, gum, candy, confections, or toys, such as balloons, flags, pennants, banners, canes, buttons, badges, horns, musical or noise making instruments, serpentines, souvenirs, and similar articles shall pay a license fee of ten dollars ($10.00) per day where the same is sold from a vehicle, and shall obtain a special permit from the City GounG -to do so prior to engaging in such activities. The Q SECTION 5. Subsection (A) of ESMC Section 4-2-42 is amended as follows: "4-2-42: TRANSIENT VENDORS, MERCHANTS: A. Transient Food Vendors: Every transient food vendor shall pay a business license tax of forty-eight dollars ($48.00) per day, and shall obtain a special permit from the City OeuPRil-to do so oulrs9ant to Chapter 4-15 prior to engaging in such activities. -T#e-P,4y-Ceunw e4- ' itio n lush P aw.,, SECTION 6. ESMC Title 4 is amended to add a new Chapter 15 to read as follows: "Chapter 15 SIDEWALK VENDOR PROGRAM. § 4-15-1: PUPRPOSE: This Chapter is adopted pursuant to the city's police powers and Government Code §§ 51036 et seq., including any successor statutes, for the purpose of regulating the sale of food and merchandise on the city's sidewalks and pedestrian paths. § 4-15-2: DEFINITIONS: For the purposes of this chapter, the following definitions apply. Words and phrases undefined in this Code have the same meaning as such words and phrases in Title 8 of the Public Health Code of Los Angeles County: ORDINANCE NO. 1593 PAGE 3 of 13 A. "Certified Farmer's Market" means a California agricultural product point-of-sale location that is registered under, and operated in accordance with Food and Agriculture Code §§ 47000, et seq. B. "Junk Food" means any food or beverage that is low in essential nutrients, protein, vitamins or minerals and high in calories, sodium, sugar and fat. Junk Foods include, without limitation, soda, candy, chips, ice cream, hot dogs or processed meat and chocolates. C. "Pedestrian Path" means a footpath, not adjacent to a road, which is intended for use only by pedestrians, tricycles, strollers or baby carriages. D. "Sidewalk Vendor" means a vendor who sells food or merchandise from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or pedestrian path. E. "Special Event" includes an event that requires a city -issued permit for the temporary use of, or encroachment on, the sidewalk or other public area including, without limitation, an encroachment permit, special event permit, or temporary event permit. For purposes of this chapter, "Special Event" also includes organized youth sports league events and games and city -sponsored events. F. "Stationary Sidewalk Vendor" means a sidewalk vendor who sells food or merchandise from a fixed location. G. "Swap Meet" is as defined in Business and Professions Code § 21661, as may be amended. H. "Roaming Sidewalk Vendor" means a sidewalk vendor who sells food or merchandise while continuously moving from place to place and who only stops temporarily to complete a transaction. "Vendor" means a person, individual, firm, co -partnership, joint venture, association, corporation, or any other group or combination acting as an entity, that sells, offers for sale, solicits for purchase, or exposes or displays for sale, any food, beverage or merchandise, or to require someone to negotiate or establish to pay a fee before providing food, beverages or merchandise, even if characterized as a donation. § 4-15-3: SIDEWALK VENDOR PERMIT REQUIRED; EXEMPTION: A. No person or vendor may operate as a sidewalk vendor on a public sidewalk, park, parkway, median, land, property, ORDINANCE NO. 1593 PAGE 4of13 pedestrian path or any other land or property under the city's control, unless the city has issued such person a sidewalk vending permit and city business license. B. No pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or other nonmotoried conveyance may be used for the sale of food or merchandise from the public sidewalk, park, parkway, median, Land, property, pedestrian path or any other land or property under the city's control, anywhere in the city without first obtaining a sidewalk vending permit for such activity. C. The sidewalk vending permit is valid for 12 months after being issued, unless revoked or suspended, and may be renewed at any time before expiration. A maximum of one sidewalk vending permit may be issued to a vendor. A sidewalk vending permit may not be issued to pushcarts, wagons, or other nonmotorixed conveyances. Sidewalk vending permits are nontransferable. D. A bona fide charity is exempt from the permit requirements of this chapter and is otherwise regulated pursuant to Business and Professions Code § 17510 et seq. E. City -permitted filming and special event permits shall have priority over sidewalk vending permits. § 4-15-4: APPLICATION: A. To apply for a sidewalk vending permit, the applicant must provide to the city all of the following information under penalty of perjury: 1. The applicant's full name and a social security number or California Driver's License, California Identification Card number, or individual taxpayer identification number; 2. Proof of a valid California Department of Tax and Fee Administration seller's permit; 3. The name, telephone number and current mailing address of the sidewalk vendor; 4. The name and business address of the principal if the sidewalk vendor is an agent of an individual, company, partnership or corporation; 5. A complete description of the food or merchandise offered for sale or exchange. Any applicant who intends to sell food must also provide proof of either a Food Handler Card or Certified Food Protection Manager certificate, if applicable, pursuant to Health and Safety Code §§ 113700-114437, and certify that the pushcart, stand, ORDINANCE NO. 1593 PAGE 5 of 13 display, pedal -driven cart, wagon, showcase, rack or other nonmotorized conveyance used has been approved by the County Health Department for that particular type of food; favor6. Proof of liability insurance and signed indemnification in of onot Ii 1111 for property damage, including injury resulting in death, caused by the operation of the vending business; and , A complete description of any ancillary items that the applicant intends to use in conjunction with sales including, without limitation, small tables, trash receptacles„ chairs, umbrellas and umbrella stands, or other similar items. B. Applicants must agree in writing to abide by the location and operational requirements stated in this chapter. C. Each application must be in writing on forms approved by the city, and the application must be accompanied by the nonrefundable fee established by City Council resolution. D. Sidewalk vendors may not be permitted as a permanent or proprietary location in any property within the city. E. The Finance Director or designee is responsible for issuing sidewalk vending permits and may promulgate any additional requirements for the issuance of such permits, provided such requirements comply with this chapter, this Code and state haw. The Director's decision with respect to a sidewalk vendor permit application may be appealed to the City Manager. The City Manager's decision is the City's final decision. § 4-15-5: LOCATION REQUIREMENTS: A. Sidewalk vendors must maintain a clearance of no less than 4 feet (48 -inches) upon every sidewalk or pedestrian path in order to comply with the Americans with Disabilities Act of 1990 (Public Law 101-336). B. Stationary sidewalk vendors may not operate in any of the city's residential zones; roaming sidewalk vendors may sell food or merchandise within residential zones, provided the vendor moves continuously and only stops temporarily to complete a transaction. C. Sidewalk vendors may not offer junk food within 300 feet of any kindergarten, elementary school junior high school or senior high school, between the hours of 6:00 a.m. and 6:00 p.m., when such school is in session. ORDINANCE NO. 1593 PAGE 6 of 13 D. Sidewalk vendors may not operate within 300 feet of a certified farmer's market, swap meet, or area designated for a special event, during the event's limited duration. City -permitted filming and special event permits shall have priority over sidewalk vending permits. E. Stationary sidewalk vendors may not operate within any city - owned park with an operative agreement between the city and a concessionaire for the exclusive sale of food or merchandise by the concessionaire. F. Sidewalk vendors may not operate: 1. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than 6 feet, or impedes egress from, access to or the use of abutting property; or 2. In any location were vending operations endangers the safety of persons or property including, but not limited to, 3 feet from any parking lot or driveway apron, or as determined on a site-specific basis by the City Engineer or Police Department. G. No vendor may use the median strip of a divided roadway. 4-15-6: OPERATING REQUIREMENTS: A. A cart approved by the health department to vend one particular type of food may not be used to vend a different type of food. B. A cart used for Sidewalk Vending must not exceed a length of 72 inches (6 feet), a width of 54 inches (4-1/2 feet), or a height, including a roof or awning, of 78 inches (6% feet). An applicant may request, and the City may approve, a table for condiments to be used in conjunction with a cart selling food. Such table must not exceed a length of 48 inches (4 feet) and a width of 24 inches (2 feet). A vendor may only set up and use furniture as expressly approved by the City. C. All sidewalk vendors must allow a police officer, firefighter, code enforcement officer, health inspector or other government official charged with enforcing laws relating to street vendor activities, at any time, to inspect the vendor's cart for compliance with the requirements of this chapter and to ensure the safe operation of any heating elements used to prepare food. D. A vendor must operate according to its approved hours of operation. The Finance Director may impose reasonable hours of operation for sidewalk vendors, provided that for sidewalk vending in nonresidential areas, the Director may limit the hours of operation in a manner consistent with other businesses or uses ORDINANCE NO. 1593 PAGE 7 of 13 on the same street(s) in such areas. Vending in city parks is only permitted during park operating hours. E. Stationary sidewalk vendors must provide a trash receptacle and recycling container for customers and ensure proper disposal of customer trash, when necessary, during all hours of operation. The trash receptacle and recycling container must be large enough to accommodate customer trash without resorting to existing trash receptacles and recycling containers provided by the city for use by the general public. A sidewalk vendor may not dispose of customer trash in existing receptacles provided by the city. Sidewalk vendors must prevent the accumulation of solid waste in quantities that are unreasonable or detrimental to the public health or safety. F. Sidewalk vendors must keep the immediate area around them clean and free of trash or liquids during hours of operation. Vendors must pick up and properly discard any trash associated with the vendor's activities, and clean up any spilled or leaked liquids on the sidewalk or pedestrian path before leaving the area. G. All applicable permits, including the city -issued sidewalk vending permit, must be displayed in plain view at all times. H. A pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or other nonmotorized conveyance, or ancillary vending items or equipment must not be left unattended or chained or fastened to any pole, sign, tree or other object in the public right- of-way, or be left unattended and intruding in the public right-of- way. Any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or other nonmotorized conveyance in violation of this subsection may be confiscated. I. A sidewalk vendor must provide their own, independent source of electricity and other utilities for the cart's operation. A sidewalk vendor may not connect a cart to an external source of electricity, water or any other utilities while located on public property. J. A sidewalk vendor may not burn wood or barbeque briquettes. K. Merchandise may not be placed directly onto the public right-of- way without the City's express approval. L. Sidewalk vendors may not offer services or any illegal or counterfeit merchandise. No sidewalk vendor may sell any alcohol-related beverage, tobacco or electronic vaping products; cannabis products; weapons, including knives, guns or explosive devices; pharmaceuticals; or other similar products. ORDINANCE NO. 1593 PAGE 8 of 13 M. All signs associated with a sidewalk vendor must be affixed) to the cart or conveyance. A sidewalk vendor must not display any signage that is potentially distracting to motorists, including but not limited to, flashing signs, LED lights or lasers. N. Vendors must comply with the noise requirements outlined in Chapter 7-2 of this code, particularly with regard to the amplification of voices, music or sound. O. Sidewalk vendors may not operate vending tricycles, icicle trikes, bicycle vending carts or the like, in any city park. § 4-15-7: REVOCATION OR SUSPENSION OF PERMIT: A. Whenever any person fails to comply with any provision of this Chapter, or any rule or regulation adopted pursuant hereto, or with any other provision or requirement of law, including, but not limited to, this Code or any grounds that would warrant the denial of initial issuance of a permit hereunder, the City Manager, after giving such person 10 days' notice in writing to the address stated on the application and specifying the time and place of hearing and requiring him/her to show cause why his/her permit should not be revoked, will conduct a hearing. If permit violations are shown by substantial evidence, the City Manager may revoke or suspend any permit. The City will not issue a new permit after the revocation of a permit unless it is satisfied that the applicant will thereafter comply with all provisions of this Chapter and the rules and regulations adopted thereunder and all other applicable provisions of law, and until the City Manager collects a fee in an amount sufficient to recover the actual costs of processing the re- application. B. The City Manager will provide the permittee with written notice of the revocation by certified mail addressed to the permittee's address. C. Any person who vends, peddles or sells any goods or merchandise after such person's permit has been suspended or revoked, and before such suspended or revoked permit has been reinstated or a new permit issued, is subject to administrative penalties pursuant to Section 4-15-8. § 4-15-8: VIOLATIONS AND PENALTIES: A. Any violation of this chapter is deemed to be a public nuisance and each day such condition continues will be regarded as a new and separate offense. Violations of this Chapter will be subject to administrative penalties, enumerated in subsections C and D ORDINANCE NO. 1593 PAGE 9 of 13 below and administered pursuant to Chapter 1-2A of this Code. Any administrative fines issued pursuant to this chapter may be appealed pursuant to Chapter 1-2A of this Code. B. It is unlawful for any person engaged in sidewalk vending, solicitation or peddling as described herein to fail or refuse to display or show said identification card upon demand for the display thereof by an officer of the city, or by any person being solicited by said solicitor. C. Any vendor who operates without a duly -issued sidewalk vending permit will be subject to the following fines: 1. An administrative fine of $250 for a first violation; 2. An administrative fine of $500 for a second violation within one year of the first violation; 3. An administrative fine of $1,000 for a third or subsequent violation within one year of the first violation. The city may reduce these fines for any vendor who subsequently obtains a valid permit. D. A person who violates any provision of this chapter other than vending without a duly -issued sidewalk vending permit is subject to the following fines: 1. An administrative fine of $100 for a first violation; 2. An administrative fine of $200 for a second violation within one year of the first violation; and 3. An administrative fine of $500 for a third or subsequent violation within one years of the first violation. Alternatively, the city may revoke the permit issued upon a fourth or subsequent violation. E. When assessing an administrative fine, the city must take into consideration the violator's ability to pay the fine. If either of the following are true, the violator may remit to the city 20% of the administrative fine imposed: 1. The violator is receiving public benefits under one or more of the following programs: (i) Supplemental Security Income (SSI) and State Supplementary Payment (SSP); (ii) California Work Opportunity and Responsibility to Kids Act (CaIWORKs) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program; (iii) Supplemental Nutrition Assistance Program or the California Food Assistance Program; (iv) County Relief, General Relief (GR), or General Assistance (GA); (v) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants; (vi) In -Home Supportive Services (IHSS); or (vii) Medi -Cal; or 2. The violator's monthly income is 125% or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of ORDINANCE NO. 1593 PAGE 10 of 13 Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code. F. Any fine required to be paid under the provisions of this chapter shall be deemed a debt owed by the person to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount." SECTION 7. ESMC Section 7-6-5 is amended as follows: 7-6-5: MERCHANDISE, FOOD OR PERSONAL PROPERTY ON STREETS OR SIDEWALKS: A. Leaving Merchandise, Food or Personal Property Prohibited: Unless the citv has issued a sidewalk vendinq_permit or otherwise ap roved of such activities nNo person shall leave or permit to remain in or upon any sidewalk or in or upon any parkway in any street within the city, any merchandise, fruit, melon, vegetable, meat, or any baggage or any article of personal property. A violation of this subsection by any person in the act of oeddlincI or vendinci is not Dunishable as an infraction but by the issuance of an orniniist native citation, as outlined in Section 4-15-8 of this Code. B. Placement Of Containers: Except in the discharge or performance of official duty, no person shall place any boxes, barrels or other receptacles for or containing goods, wares, merchandise or any other articles or things in or upon any public street, whether in the roadway or on the sidewalk, or in the parkway thereof, with the intent or for the purpose of unpacking or removing the contents thereof upon the streets, sidewalks or parkways, and except in the discharge or performance of official duty, no person shall unpack or remove the contents of or from any such box, barrel or other receptacle for or containing goods, wares, merchandise or any other articles or things while the same is in or upon any street, sidewalk or parkway; provided, however, that the provisions of this subsection shall not prevent peddlers or sidewalk vegdorr duly licensed by the city from merchandising their produce or wares in a proper and usual manner incident to the business of peddling. A violation of this subsection by any Person in the act of peddling vendinca is not punishable as an infraction but biv the issuance of an administrative citation, as outlined in Section 4-15-8 of this Code." SECTION 8. Subsection (1) of ESMC Section 10-1-4 is amended as follows: Park Rule Nine; Cooking: No person within any public park shall cook, prepare or sell, serve or eat any food lunGh, baFb ems" except ORDINANCE NO. 1593 PAGE 11 of 13 at the places provided,, or unless the citv has issued a sidewalk vending permit or otherwise approved of such activities4 SECTION 9. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other regulation by this Ordinance will be rendered void and cause such ESMC provision or other regulation to remain in full force and effect for all purposes. SECTION 10. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 11. Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 12. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable. SECTION 13. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of EI Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 14. Effective Date. This Ordinance will become effective on the 31St day following its passage and adoption. PASSED AND ADOPTED this 15th day of October, 2019. Drew Bro, Mayor ATTEST: Tra y "Weav , City Clerk APPROVED AS TO FORM: - 1700 - Mark D. Hensley, GWAttorney ORDINANCE NO. 1593 PAGE 12 of 13 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1593 was duly introduced by said City Council at a regular meeting held on the 1St day of October, 2019, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a special meeting of said Council held on the 15th day of October, 2019, and the same was so passed and adopted by the following vote: AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council Member Pimentel, and Council Member Nicol NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this & day of November, 2019. T cy Weaver, City Clerk of the City of EI Segundo, California ORDINANCE NO. 1593 PAGE 13 of 13