CC 2019-01-22_11b Introduce Ordinance_Mobile_Sidewalk Vending_PP Presentation
Consideration of an Ordinance Amending Chapter 9.32 and Adding Chapter 9.33 of Title 9 of the Arroyo Grande Municipal Code relating to Mobile Vending and Sidewalk Vending
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Background
In 2011 the City Council adopted Ordinance Ord. No. 641, which added Chapter 9.32 to the Arroyo Grande Municipal Code regulating Mobile Vending and includes other non-motorized vending.
New State legislation (SB 946) clears the way for sidewalk vendors to legally operate statewide and sets forth limitations on the ability of local authorities to prohibit or regulate
sidewalk vendors.
The new law requires local authorities to make findings related to “objective health, safety or welfare concerns” for any proposed sidewalk vendor regulations.
City must amend the current ordinance to be consistent with new State Law.
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Proposed Ordinance
Separates Mobile Vending – stays in Chapter 9.32 and adds a new Chapter 9.33 for sidewalk vending
Sidewalk Vending = someone who sells food, beverages, or merchandise from non-motorized conveyances or from his or her person upon a public sidewalk or other pedestrian path (push carts,
stand, display, pedal-driven cart, wagon, showcase and rack.)
Sidewalk vending may be stationary or roaming.
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Primary Provisions SB 946
Prohibits cities from imposing sidewalk vending regulations “within specific parts of the public right of way” or within certain neighborhoods or areas
Prohibits cities from limiting the total number of vendors unless doing so is directly related to “objective health, safety or welfare concerns”
Authorizes cities to adopt time, place and manner restrictions for sidewalk vending, provided those restrictions are directly related to “objective health, safety or welfare concerns”
Continues to allow cities to require compliance with sanitary standards, ADA requirements and that food preparation be consistent with the Health and Safety Code
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Primary Provisions, cont.
Continues to allow cities to require vendors to obtain a permit for sidewalk vending or a business license and require sellers permits from the California Department of Tax and Fee Administration
Allows cities to prohibit “stationary sidewalk vendors” from areas zoned exclusively residential
Allows cities to prohibit vending within the vicinity of a farmers’ market or swap meet or areas designated for use pursuant to a temporary special permit
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Penalty provisions
SB 946 decriminalization of Sidewalk Sales - prohibits cities from enforcing criminal penalties.
Allows cities to issue administrative citations for violations of its sidewalk vending regulations.
Ordinance includes hearing and appeal provisions.
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Permit requirements
Permit application at the Police Department – includes identification, locations of proposed vending
Business license
Insurance
Evidence of health permit and food handler certificate if serving food or beverages
Livescan
Fee (tbd)
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Recommendation
It is recommended that City Council introduce the Ordinance amending Chapter 9.32 and adding Chapter 9.33 to Title 9 of the Arroyo Grande Municipal Code relating to Mobile Vending and
Sidewalk Vending.
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