CHAPTER 5.24 - STREET VENDORS#

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Editor's note— Ord. No. 997B, § 5, adopted September 10, 2019, repealed the former Ch. 5.24., §§ 5.24.010—5.24.080, and § 6 of said ordinance reenacted a new Ch. 5.24 as set out herein. The former Ch. 5.24 pertained to similar subject matter and derived from Ord. 450B §§1—8, 1984; Ord. 450B §7, 1984.

5.24.010 - Definitions.#

For purposes of this chapter, the following definitions apply:

(1) "Cart" collectively means a stationary cart or mobile cart.

(2) "Certified farmer's market" means a location operated as defined in Food and Agricultural Code § 47000, et seq., and any regulations adopted pursuant to that chapter.

(3) "Citation" means an administrative citation issued pursuant to Chapter 1.20 of this Code, unless otherwise specified.

(4) "City" means the city of Lincoln, a municipal corporation.

(5) "Department" means the finance department of the city.

(6) "Food" means any type of edible substance or beverage.

(7) "Goods or merchandise" means any item that is not food.

(8) "Mobile cart" is a piece of equipment used for vending, including a pushcart, pedal-driven cart, wagon or other non-motorized conveyance, or from one's person, upon a sidewalk or other pedestrian path. These non-motorized conveyances exclude vehicles, as defined in the Vehicle Code of the State of California, from which food or beverages are offered for sale to the public.

(9) "Mobile vendor" means a person who sells food or merchandise on a sidewalk from a mobile cart.

(10) "Person or persons" means one or more natural persons, individuals, groups, businesses, business trusts, companies, all domestic or foreign corporations, joint stock corporations, joint ventures, partnerships of every kind, Massachusetts business or common law trusts, entities, syndicates, associations, clubs, societies or organizations of any kind composed of two or more individuals, other than as an employee.

(11) "Sidewalk" means any surface in the public right-of-way provided for the exclusive use of pedestrians, including alleys, trails and paths.

(12) "Stationary cart" means a piece of equipment used for vending which has no motor and is not mobile except when being pushed, carried or transported to and from a space on the sidewalk on a daily basis, such as a rack, stand, display or showcase.

(13) "Stationary vendor" means a vendor who vends from a fixed sidewalk location with a stationary cart.

(14) "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business & Professions Code, and any regulations adopted pursuant to that article.

(15) "Vend, vends 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.

(16) "Vending license" is written approval from the city, required for each person who vends in the city.

(17) "Vending permit" is written approval required for each cart used for vending in the city.

(18) "Vendor" means a person who vends.

(Ord. No. 997B, § 6, 9-10-2019)

5.24.020 - Permit required.#

(1) Every person who engages in vending is a vendor and must first obtain, and at all times maintain, a valid permit.

(2) Every vendor must vend in compliance with the terms and conditions of the permit, and this chapter.

(3) Every cart utilized by a vendor requires a separate permit. A person may apply for a maximum of three permits.§

(4) To apply for a permit, the vendor must present valid identification, such as a state of California identification, or any other government-issued identification card, and provide the following information:

(a) The name and current mailing address of the vendor. If the vendor is an agent of an individual, company, partnership or corporation, the name and business address of the principal.

(b) Proof of liability insurance in conformance with the requirements set forth in section 12.02.060.

(c) A complete list of the food or merchandise to be sold or exchanged.

(d) A photograph of the cart to be used for vending.

(e) The hours per day and days per week during which vending will be conducted.

(f) If an application for a stationary vendor, a description of the proposed location, marked by major cross streets, and whether the north, south, east or west side of the street, and a photograph or sketch of that location.

(g) If an application for a mobile vendor in a residential zone, a description or sketch of the route the vendor will travel.

(h) Evidence of payment of the license tax set forth under Chapter 5.04 of this Code.

(i) For any vendor selling food, certification of the completion of a food handler course by presentation of a copy of the course completion certificate.

(j) For any vendor selling food, evidence the cart has been approved by the Placer County Health Department.

(k) The vendor's California seller's permit number issued by the California Department of Tax and Fee Administration, if applicable.

(5) Permits must be attached to the cart and posted where visible.

(6) Permits and licenses must be renewed annually, before expiration.

(7) Permits and licenses are not transferrable to another person, cart, location or route.

(8) Permit applications are reviewed by the director of finance and the chief of police. The review includes consideration of the nature of the proposed vending activity, the location, and any public safety concerns that may be created by the vending activity.

(9) The director of finance and the chief of police may deny a permit if the vending activity will be located or operated in such a manner as to be injurious to the public health, safety and welfare of the community. Any person aggrieved or dissatisfied by any the denial of a vending permit may within 15 days of being informed of the decision, file with the city clerk a notice of appeal to the city council, stating the reasons why the applicant feels the decision is in error. The city council shall consider such appeal at its next regular meeting following the filing of the notice of appeal. The council may rule on the appeal or order the matter under submission, and make its ruling within not later than 21 days. The council may (a) affirm the denial, or (b) overrule the denial and make such order as it deems appropriate in view of all the matters presented at the hearing. The ruling of the city council shall be final and conclusive.

(Ord. No. 997B, § 6, 9-10-2019)

5.24.030 - Operational requirements.#

(1) Every vendor with a cart must be in possession of a valid vending license, and the cart must display a valid vending permit. Food vendors additionally must display their certificate of approval from the Placer County Health Department.

(2) Only mobile carts may be used in residential zones.§ The vendor shall move continuously, except when conducting a sale, which may last no more than ten minutes per sale.§

(3) A vendor may operate a stationary cart only in an authorized commercial or industrial zone.§ No more than two stationary carts with approved permits may be used to vend on the sidewalk of a single block within commercial and industrial zones.§

(4) Vendors must provide trash receptacles for customers and ensure proper disposal of customer trash.§ A vendor may not utilize city trash receptacles for this purpose. Vendors must leave their area clean by the approved closing time.

(5) No cart may be chained or fastened to any pole, sign, tree or other object in the public right-of-way or left unattended.§

(6) Vendors may not vend on city-owned property without prior city approval.§

(7) Vendors may operate between the hours of sunrise to sunset.§

(8) Vendors must at all times vend in compliance with this chapter.

(Ord. No. 997B, § 6, 9-10-2019)

5.24.040 - Placement of carts.#

Vending food or merchandise on city sidewalks or rights-of-way is prohibited:

(1) Within five feet of a marked crosswalk;§

(2) Within five feet of the curb return of an unmarked crosswalk;§

(3) Within five feet of any fire hydrant;§

(4) Within five feet of any designated bus stop, bus zone or bus bench;§

(5) Within five feet of a driveway apron;§

(6) Within five feet of an outdoor dining or patio dining area;§

(7) Within 18 inches from the edge of the curb;§

(8) Where placement impedes the flow of pedestrian traffic less than that required by the Americans with Disabilities Act and other relevant standards for accessibility, or impedes access to or the use of abutting property, including but not limited to, residences and places of business;§ and

(9) Within 50 feet of a permitted certified farmers' market or permitted swap meet during the limited operating hours of that certified farmers' market or swap meet.§

(Ord. No. 997B, § 6, 9-10-2019)

5.24.050 - Compliance, enforcement and penalties.#

(1) A vendor found in violation shall be issued a citation subject to the following administrative penalties:

(a) Vending without a valid permit or license:

(i) $250.00 for the first violation;

(ii) $500.00 for a second violation within one year of the first violation;

(iii) $1,000.00 for each additional violation within one year of the first violation.

Upon subsequent provision of proof of the existence of a valid permit or license, the administrative fines in this subparagraph shall be reduced from $250.00 to $100.00, from $500.00 to $250.00, and from $1,000.00 to $500.00.

(b) Vending in violation of the conditions of the permit, license or this chapter, other than vending without a valid permit or license:

(i) $100.00 for the first violation;

(ii) $200.00 for a second violation within one year of the first violation;

(iii) $500.00 for each additional violation within one year of the first violation.

(2) The city may revoke or suspend any permit issued to a vendor for the term of that permit upon the fourth or subsequent violations. The revocation or suspension proceedings shall be conducted pursuant to Sections 5.04.240, 5.04.250 of this Code. A vendor whose license or permit is revoked may not renew their license or permit for one year.

(3) When assessing an administrative fine pursuant to this section, the vendor shall be provided notice of his or her right to request an ability-to-pay determination.

(4) Notwithstanding the provisions of Section 5.04.230, failure to pay an administrative fine levied pursuant to this section shall not be punishable as a crime.

(Ord. No. 997B, § 6, 9-10-2019)

5.24.060 - Exceptions.#

(1) This chapter shall not apply to the following activities and businesses:

(a) Seasonal temporary holiday sales, such as a pumpkin patch or Christmas tree sales;

(b) Fireworks sales;

(c) Yard sales operated during daylight hours, conducted for no longer than two days, and no more frequently than twice per year;

(d) Vending attendant to a temporary circus or carnival activities not to exceed a four day period;

(e) Mobile health or veterinary clinics;

(f) Fundraising activities conducted by organizations exempt from the business operations tax; or

(g) Lemonade stands, or similar enterprises operated solely by persons under the age of 16 on private residential property for a period of two consecutive days or less per week.

(2) Nothing in this section relieves persons engaged in the exempted activities or businesses from obtaining any other permit or license required by law, or from conducting the exempted activities or businesses in compliance with the law.

(Ord. No. 997B, § 6, 9-10-2019)