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HomeMy WebLinkAboutD-2 - Staff Report - Sidewalk Vending Urgency OrdinanceSCHEDULED ITEM D-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: KURT CHISTIANSEN, FAICP, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 17, 2018 SUBJECT: URGENCY ORDINANCE FOR SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946 BACKGROUND: On September 17, 2018, the Governor of California singed Senate Bill 946 – Sidewalk Vendors. SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The permit requirements proposed are consistent with SB 946, as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act and the City’s general encroachment permit requirements for work and/or activities in the public right of way. RECOMMENDATION: It is recommended that the City Council take the following actions: 1) Waive further reading, read by title only and adopt Urgency Ordinance No. 2018-05: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING ARTICLE XIII TO THE CHAPTER 18 AZUSA MUNICIPAL CODE, IMPOSING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946 APPROVED CITY COUNCIL 12/17/18 Approved with Amendments Sidewalk Vending Urgency Ordinance December 17, 2018 Page 2 of 4 ANALYSIS: The Azusa Municipal Code currently prohibits the operation of nonmotorized vehicles on public property for the purpose of selling goods, as stated in Azusa Municipal Code Section 46-311 and shown below: ARTICLE VII. - OFFENSES AGAINST PUBLIC HEALTH AND SAFETY [8] Sec. 46-311. - Operating nonmotorized vehicles on public property for purpose of selling goods or food. No person shall operate a nonmotorized vehicle for the purpose of selling goods, wares, merchandise or food in or upon any public street, sidewalk, alley, park, parkway or other public way within the city. This urgency ordinance would repeal Code Section 46-311 and create new Code Sections as they relate to sidewalk vending. Sidewalk vending is defined as shown below: “Sidewalk vendor or vending” means a person who sells, offers to sell, operates, engages in or carries on a food or merchandise vending business 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 other public pedestrian path. Sidewalk vendors are allowed to be stationary, roaming or both depending on the zone. Stationary vendors are allowed in commercial, industrial, and mix-use zones and may operate between 7:00 AM to 9:00 PM. Roaming vendors are allowed in commercial, industrial, mix-use, and residential zones and may operate between 11:00 AM to 8:00 PM. Sidewalk vendors will either be stationary, roaming, or both. All sidewalk vendors, including stationary and roaming will be required to obtain a business license and provide the following: • California Seller’s Permit • Los Angeles County Health Permit (Food vendor only) • Encroachment Permit (Stationary vendor only) • Operation Statement o Description of business o Hours of operation o Pictures of vending cart In addition, staff recommends that there are unique geographic and historical characteristics of the City that prevent stationary sidewalk vendors from operating in certain sidewalks and pedestrian pathways without detrimentally affecting the public health, safety and welfare. Among these are sidewalks and pathways located in certain older portions of the City where the nature of the underlying use as a high pedestrian traffic area and/or access to designated historical buildings and/or structures are incapable of supporting both pedestrian traffic and stationary sidewalk vendors. As a result, stationary sidewalk vending is recommended to be prohibited in the following areas: Sidewalk Vending Urgency Ordinance December 17, 2018 Page 3 of 4 RESTRICTION REASONS Civic District as described in the Azusa Transit Oriented Development (TOD) Specific Plan The Civic District includes the Historic Azusa Auditorium and the adjacent grounds. The Azusa Auditorium was placed on the National Register of the National Historic Landmark Program in 2002. Continuous stationary sidewalk vending will hinder the historic views and access to the Azusa Auditorium and adjacent grounds. The Civic District is a highly trafficked area and may limit accessibility for pedestrians; thus affecting flow of the right-of-way. A concentration of sidewalk vendors and/or similar functions in a single area poses a safety hazard and may limit accessibility for pedestrians. An unobstructed pathway next to these facilities in inherent to its operation. Azusa Inter-Modal Transit Center and Santa Fe Depot The Azusa Inter-modal Transit Center is a high pedestrian and vehicle traffic area with various modes of vehicular and pedestrian traffic in use, including light-rail, buses, cars, skateboards, bicycles and scooters. Stationary sidewalk vending would create obstacles to pedestrian access to the light-rail platforms and obstruct various lines of sight that would be detrimental to existing vehicular traffic and pedestrian activities in this area. It will also limit obstructions to the public right-of-way that negatively affect accessibility. Sidewalk vending operations could obstruct the view of this use and discourage public use of this facility. Further, sidewalk vending adjacent to this facility could hinder required access for disabled persons. Promenade Plaza and Transit Plaza as depicted in the Monrovia Nursery Specific Plan The Promenade Plaza and Transit Plaza are high pedestrian and vehicle traffic area with various modes of vehicular and pedestrian traffic in use, including light-rail, cars, skateboards, bicycles and scooters. Stationary sidewalk vending would create obstacles to pedestrian access to the light - rail platforms and obstruct various lines of sight that would be detrimental to existing vehicular traffic and pedestrian activities in this area. It will also limit obstructions to the public right-of-way that negatively affect accessibility. Sidewalk vending operations could obstruct the view of this use and discourage public use of this facility. An ADA accessible path of travel could further be impinged. The Promenade Plaza is located at the foothills of the San Gabriel National Monument. Stationary vending would hinder the views of the San Gabriel National Monument and be contrary to the public welfare. The Promenade Plaza is a narrow, meandering pathway, located in the center of a two way street, with elevation changes and street breaks, and sidewalk vending would obstruct right-of-way. Sidewalk Vending Urgency Ordinance December 17, 2018 Page 4 of 4 SB 946 imposes new requirements on cities throughout California. While we have attempted to craft regulations that protect public health and safety and promote the welfare of the residents of Azusa, especially elderly residents and the disabled, these regulations must be reviewed periodically to assure they still meet those goals while still allowing vending to take place. FISCAL IMPACT: The proposed recommendation will add to the General Fund by the generated revenue of a business license. Each vendor will be required to obtain a business license and shall adhere to the fees established in Chapter 18 and Resolution Np. 2018-C07. Prepared by: Reviewed by: Manuel Muñoz Kurt Christiansen, FAICP Senior Planner Economic and Community Development Director Fiscal Reviewed by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Finance City Manager Attachment: 1) Draft Sidewalk Vending Urgency Ordinance No. 2018-05 URGENCY ORDINANCE NO. 2018-05 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING ARTICLE XIII TO THE CHAPTER 18 AZUSA MUNICIPAL CODE, IMPOSING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946 WHEREAS, the City of Azusa, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, by virtue of the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with SB 946. WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and WHEREAS, SB 946 applies to both charter and general law cities; and WHEREAS, SB 946 authorizes the implementation of regulations that are directly related to objective concerns about public health, safety, or welfare, and that do not limit sidewalk vendors to operating only in a designated neighborhood or area, except as specified; and WHEREAS, the permit requirements proposed are consistent with SB 946, as they are reasonable, they are related to objective concerns about public health, safety, and welfare, and they are based on compliance with other generally applicable laws including the Americans with Disabilities Act and the City’s general encroachment-permit requirements for work and activities in the public right of way; and WHEREAS, standards requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and to maintain minimum safe access along public sidewalks; and WHEREAS, standards for maintaining access to building entrances and not blocking driveways, fire hydrants, parking areas and building storefront windows are necessary to guard the health and safety of patrons, drivers, vendors, and existing business owners and to promote fire-safety and law-enforcement practices that allow the City’s safety personnel to observe activities within buildings and maintain access; and WHEREAS, the City Council finds and determines that the installation, repair, maintenance, and removal of encroachments in the public way must be regulated in order to protect the public health, safety, and welfare and to provide for the orderly administration and maintenance of the public access ways for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility ATTACHMENT 1 Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 2 of 16 and other convenience services to the community; and WHEREAS, the City Council finds that public and private persons who install or maintain encroachments in the public way should help preserve the public way and contribute to the administrative and liability costs incurred by the community because of such encroachments; and WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending poses a unique and immediate risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to be located on private property and public streets and to move quickly from place to place in the community, including near parks, schools, and other places frequented by children, warrants immediately imposing certain regulatory measures, including requiring background checks, to protect the health, safety, and welfare of the community; and WHEREAS, SB 946 continues to authorize cities to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by a city; and WHEREAS, fraud or misrepresentation in the course of vending constitutes an immediate, objective harm to the health, safety, and welfare of the City’s residents; and WHEREAS, fraud or misrepresentation in the application for the permit constitutes an immediate, objective harm to health, safety, and welfare of the City’s residents; and WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger to the public constitutes an immediate, objective harm to the health, safety, and welfare of the City’s residents; and WHEREAS, unless the City adopts this ordinance on an urgency basis, so that it takes effect immediately, as authorized by Government Code section 36937, subdivision (b), unregulated sidewalk vending poses an immediate threat to the health, safety, and welfare of the public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals and Urgency Findings. The above recitals are true and correct and are incorporated herein by this reference as findings in support of the regulations contained in this Urgency Ordinance. Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 3 of 16 In accordance with California Government Code, Section 36937 and in order to protect the public health, safety and welfare, the City Council also makes the following findings in support of the urgent nature of this Ordinance: A. The City Council finds that this Urgency Ordinance is enacted in order to protect the public health, safety and welfare by adopting regulations that would become effective on January 1, 2019 to address the requirements of SB 946. Specifically, this Urgency Ordinance mitigates the impacts and threats to the public peace, health, and safety by creating a regulatory mechanism for consideration of permit applications to assure that sidewalk vending does not pose a risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection. B. The City Council also finds that this Urgency Ordinance is necessary to promote the immediate preservation of the public peace, health and safety by establishing a regulatory mechanism for street vending that can be in place by January 1, 2019. Otherwise street vending becomes an unregulated permitted activity. C. finally, the City Council further finds that the regulations contained in this Urgency Ordinance are reasonable and beneficial and assure that a lawful permit program is in place prior to January 1, 2019. SECTION 2. This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under the State CEQA Guidelines because the proposed action as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. §§ 15268, 15378(a). Further, this ordinance is exempt from CEQA as there is no possibility that this ordinance or its implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). SECTION 3. Section 46-311 of Article VII of the Azusa Municipal Code is hereby repealed. SECTION 4. Article XXIII – Sidewalk Vending is hereby added to the Chapter 18 of the Azusa Municipal Code to read as follows: “ARTICLE XXIII. – SIDEWALK VENDING. Section 18-2301. - Purpose. The City finds that the vending of prepared or pre-packaged foods, goods, or wares at semi- permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this article is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 4 of 16 practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community. Section 18-2302. - Definitions. For purposes of this article, the following definitions apply: A. “Certified Famers’ 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. B. “City” means the City of Azusa. C. “Fire station” means any facility where fire engines and other fire equipment of the City’s fire services are located. D. “Park” means a public park owned by the City. E. “Pedestrian path or pathway” means a paved path owned by the City and held open for pedestrian travel that provides public access between two points and contains a minimum of fourteen feet of width that is other than a sidewalk. F. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. G. “Sidewalk” means that portion of a highway, or other roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel that is owned by the City. H. “Sidewalk vendor or vending” means a person who sells, offers to sell, operates, engages in or carries on a food or merchandise vending business 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 other public pedestrian path. I. “Stationary sidewalk vendor or vending” means a person 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 fixed location on a public sidewalk or other public pedestrian path. J. “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. K. “Temporary Use Permit” means short-term activities identified by this section that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 5 of 16 Section 18-2303. - Permits Required. A. All sidewalk vendors shall obtain a sidewalk vending business license from the City’s Community Improvement Division prior to engaging in any sidewalk vending activities. The following information shall be required: 1. Name, current mailing address, and phone number of the vendor; and 2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and 3. An operation statement with description of the merchandise or goods to be offered for sale or exchange, the days and hours of sales, and pictures of the vending carts; and 4. A copy of the California seller’s permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and 5. A copy of one of the following: the vendor’s social security card with the number; or the vendor’s valid California Driver’s license; or the vendor’s individual taxpayer identification number. No document submitted to the City under this paragraph shall be made available to the public for inspection, but shall remain confidential and/or redacted not be disclosed except as required to administer the permit or licensure program or as required to comply with state or federal law or with a state or federal court order; and 6. If preparing or selling food, a copy of the County Health Department permit issued to the vendor; and 7. If the vendor proposes to be a stationary sidewalk vendor, a description or site plan map of the proposed location where vending will take place, showing that the sidewalk location maintains a minimum of 36 inches of accessible route area, in compliance with the Americans with Disabilities Act; and 8. If the vendor proposes to be a stationary sidewalk vendor an encroachment permit pursuant to Chapter 62 – Street, Sidewalk and Other Public Places of the Azusa Municipal Code; and 9. A copy of general liability policy naming the City as additional insured in the amount of $300,000.00. 10. A business-license application signed by the vendor and indicating, under penalty of perjury, that the information contained in the application is accurate, complete, and true. Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 6 of 16 B. Prior to the issuance of a sidewalk business license, the applicant shall cause to be filed with the Community Improvement Manager or his or her designee a LiveScan background check conducted by the California Department of Justice within the previous six months of the application date. The Community Improvement Manager shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location. C. At the time the application or renewal application is filed, the application shall pay the permit processing fee established by separate resolution of the City Council. Section 18-2304. - Review of Permit Application; Decision. A. Upon acceptance of a properly completed and filed sidewalk business license application and receipt of an acceptable LiveScan report issued by the Department of Justice, the Community Improvement Manager shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than 30 days of acceptance or receipt, whichever occurs later, to approve or deny the application. The Community Improvement Manager shall provide the applicant with written notice of his or her decision to the address indicated in the application. B. The Community Improvement Manager may deny an application for a permit if he or she makes any of the following findings: 1. The applicant has failed to pay the application permit fee. 2. The applicant has made a material misstatements in the application for a permit. 3. The applicant does not have a valid social security card, California Driver’s license, or individual taxpayer identification number. 4. The applicant’s vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter. 5. The applicant is required to register under the provisions of California Penal Code section 290. 6. Within three years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this chapter for an offense that was committed within three years of the date of the application. Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 7 of 16 7. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage. C. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Within five business days of the denial, notice of the denial shall be mailed to the applicant at the address shown on the application form. D. If the Community Improvement Manager approves the applicant’s permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant. E. Exemptions. A sidewalk vending business license shall not be required for the following activities: 1. The sale of agriculture products on the site where the product is grown. 2. Vending from food trucks and other motorized vehicles on public streets alleys in accordance with this code. 3. City-sponsored and/or City-approved special events including, but not limited to, a street fairs, parades, festivals and outdoor concerts. Vendors contracted for these events shall be exempt from the provisions of this article. 4. Catering for private parties held exclusively on private property and not open to the general public. 5. Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a Certified Farmers’ Market, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales. F. Term of permit. A sidewalk vending business license issued in accordance with this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit. G. Transferability. A sidewalk vending business license is not transferable to any other entity or person and is valid only as to the original applicant for the term stated. Section 18-2305. - Stationary Sidewalk Vending Locations and Standards. A. Stationary sidewalk vendors are prohibited from operating or establishing in any residential zone of the City, including, but not limited to, the following neighborhood classification zones and subzones: Neighborhood Classifications Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 8 of 16 NG1 – Neighborhood General 1 NG2 – Neighborhood General 2 NG3 – Neighborhood General 3 Subzones Low – Low Density Residential Med – Medium Density Residential Mod – Moderate Density Residential B. In addition, the City Council finds that there are unique geographic and historical characteristics of the City that prevent stationary sidewalk vendors from operating in certain sidewalks and pedestrian pathways without detrimentally affecting the public health, safety and welfare. Among these are sidewalks and pathways located in certain older portions of the City where the nature of the underlying use as a high pedestrian traffic area and/or access to designated historical buildings and/or structures are incapable of supporting both pedestrian traffic and stationary sidewalk vendors. As a result, stationary sidewalk vending shall be prohibited in the following areas: 1. Civic District. The Civic District includes the Historic Azusa Auditorium and the adjacent grounds. The Azusa Auditorium was placed on the National Register of the National Historic Landmark Program in 2002. Continuous stationary sidewalk vending will hinder the historic views and access to the Azusa Auditorium and adjacent grounds. 2. Azusa Inter-modal Transit Center. The Azusa Inter-modal Transit Center is a high pedestrian and vehicle traffic area with various modes of vehicular and pedestrian traffic in use, including light rail, buses, cars, skateboards, bicycles and scooters. Stationary sidewalk vending would create obstacles to pedestrian access to the light rail platforms and obstruct various lines of sight that would be detrimental to existing vehicular traffic and pedestrian activities in this area. 3. Santa Fe Depot. The Santa Fe Depot is a historic property. Stationary vending would hinder historic views of the building and be contrary to the public welfare. . 4. Promenade Plaza The Promenade Plaza is located at the foothills of the San Gabriel National Monument. Stationary vending would hinder the views of the San Gabriel National Monument and be contrary to the public welfare. C. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed-use zones, if they satisfy each of the following requirements: 1. The sidewalk vendor is duly licensed and meets all requirements of this article; and Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 9 of 16 2. The sidewalk vendor’s vending operation leaves a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and 3. Sidewalk vending hours are only conducted between the hours of 7:00 AM and 9:00 PM; and 4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and 5. The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces, or building windows; and 6. No vending occurs within ten feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and 7. No vending shall occur within one hundred (100) feet of the entrance to a school; and 8. No table, chair, fence, freestanding shade structure, other site furniture, or any freestanding sign is permitted in conjunction with the vendor’s vending activities; and 9. The vendor shall not attach or use any external water line, electrical line, or gas line during vending operations, exept as built into and part of the vending cart; and 10. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor that is not offered for sale is prohibited; and 11. No vending shall occur within 300 feet of a City-sponsored event, Certified Farmers’ Market, a Swap Meet, or an event for which a Temporary Use Permit has been issued; and 12. The vendor shall prominently display a copy of the City vending permit issued to them and, for vending requiring a County Health Department permit, a copy of the County Health Department permit. Section 18-2306. - Sidewalk Vending in Parks, Certified Farmer’s Markets. A. Sidewalk vending of food or merchandise by roaming or stationary vendors is prohibited in both of the following: Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 10 of 16 1. Any City park that has a concession stand operated by a vendor under exclusive contract with the City to sell food or merchandise that is similar to or that competes with that of the sidewalk vendor. 2. Any area that is occupied by a Certified Farmer’s Market. B. Subject to subsection A of this section, a sidewalk vendor may operate in a City park if the vendor satisfies each of the following requirements: 1. The sidewalk vendor is duly licensed and meets all the requirements of Section 18-2306; and 2. For stationary sidewalk vending, the sidewalk vendor’s vending operation leaves a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and 3. The sidewalk vendor ceases operations one hour prior to the close of the park; and 4. The sidewalk vendor obtains an encroachment permit for stationary sidewalk vending operation prior to operating; and 5. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and 6. The sidewalk vendor location does not block entrances to any building, driveway, parking space, or building window; and 7. No vending occurs within 300 feet of an event for which a Temporary Use Permit has been issued. 8. In a City park that is located within a residential zone, where stationary sidewalk vending is prohibited as set forth in Section 18-2305, only roaming sidewalk vendors shall be allowed in the park. Section 18-2307. - Roaming Sidewalk Vending. Roaming sidewalk vendors shall satisfy each of the following requirements: A. The sidewalk vendor is duly licensed and meets all requirements of this chapter; and B. Sidewalk vending hours in residential zones is only conducted between the hours of 11:00 AM and 8:00 PM; and C. Sidewalk vending hours in non-residential zones (including mix-use zones) is only conducted between the hours of 7:00 AM and 9:00 PM; and Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 11 of 16 D. The sidewalk vendor maintains the temporary vending area in a clean, orderly, and sanitary condition; and E. The sidewalk vendor does not block the entrances to any buildings or any driveway, parking space, or building window; and F. Sidewalk vendors do not stop in any location for the purpose of making sales for more than 15 minutes; and G. The sidewalk vendor does not conduct sales from a public street unless there is no sidewalk; and H. No vending shall occur within one hundred (100) feet of the entrance to a school; and I. The vendor shall prominently display a copy of the City vending permit issued to them and, for vending requiring a County Health Department permit, a copy of the County Health Department permit. J. No vending occurs within 300 feet of a Certified Farmers’ Market, a Swap Meet, or an event for which a Temporary Use Permit has been issued. K. No sound amplification equipment, music or live entertainment may be used in conjunction with any vendor sales in residential areas, including bells, whistles or horns. Section 18-2308. - Suspension; Rescission. A. A sidewalk vending business license issued under this chapter may be suspended or rescinded by the Community Improvement Manager, at his or her discretion, if either of the following occurs: 1. The sidewalk vendor commits four or more violations of this article; or 2. The sidewalk vendor commits any one of the following: a. Fraud or misrepresentation in applying for the permit, or b. Fraud or misrepresentation in the course of vending, or c. Vending any product or service or vending in a manner that creates a public nuisance or constitutes a danger to the public. d. Vending in repeated violation of any standard contained in this article. Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 12 of 16 B. Notice of suspension or rescission of a sidewalk vendor permit issued under this article shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address as follows: 1. If under subsection A.1 of this section, within five business days prior to the suspension or recission taking effect, and 2. If under subsection A.2 of this section, within two business days after the suspension or recission takes effect (due to the immediate threat to public health, safety, and welfare posed by violations under subsection A.2, the decision to suspend or rescind takes effect immediately). C. No person whose street vending permit has been revoked under this chapter shall be issued a street vending business license for a period of two years from the date that the revocation becomes final. Section 18-2309. - Appeals to City Manager. A. Any applicant, permittee, or any other person that is aggrieved by an action or decision of the Community Improvement Manager under the provisions of this chapter has the right to appeal that action or decision to the City Manager within 15 days after the notice of the decision has been mailed to the person’s address as shown on the permit application. B. The appeal shall be taken by filing with the Economic and Community Development Department a written appeal statement setting forth the grounds for the appeal, along with the City’s appeal fee, which shall be established by City Council resolution. C. The filing of the appeal shall stay the enforcement of the action or decision. D. The Economic and Community Development Department shall transmit the written statement to the City Manager within ten days of its filing and payment of the appeal fee. E. The City Manager shall set a time and place for a hearing on appeal, and the appeal shall be heard no later than 60 days after the date of filing of the applicant’s written appeal statement. F. Notice of the time and place of the hearing shall be given to the appellant at least five business days prior to the date set for the hearing. G. The appeal hearing shall be de novo. At the hearing, the permittee and the City shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. H. The City Manager shall not be bound by the traditional rules of evidence in a hearing. I. The City Manager may continue the hearing as deemed necessary. Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 13 of 16 J. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned. Section 18-2310. - Penalties. A. It is unlawful for any person to violate any provision or fail to comply with any requirement of this chapter. A violation of this chapter is punishable by: 1. An administrative fine not exceeding $100 for a first violation. 2. An administrative fine not exceeding $200 for a second violation within one year of the first violation. 3. An administrative fine not exceeding $500 for each additional violation within one year of the first violation. B. Notwithstanding subsection (A) of this subsection, at the city officer’s discretion, vending without a sidewalk vending permit may be punished by: 1. An administrative fine not exceeding $250 dollars for a first violation. 2. An administrative fine not exceeding $500 for a second violation within one year of the first violation. 3. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation. C. If an individual is subject to subsection (B) of this section, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this chapter shall be reduced to the administrative fines set forth in subsection (A) of this section. D. The proceeds of any administrative fines assessed under this chapter shall be deposited in the treasury of the City as general funds. E. Failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this chapter shall not be assessed. F. Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law. G. When imposing an administrative fine under this chapter, the city officer who imposes the fine shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 14 of 16 the fine remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. 1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, 20 percent of the administrative fine imposed under this chapter. 2. The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. H. A person who is currently serving, or who has completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case. I. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations.” SECTION 5. Severability. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council of the City of Azusa hereby declares that it would have adopted this ordinance and each section, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases might be declared invalid or unconstitutional. SECTION 6. Effective Date. This Urgency Ordinance was adopted by the necessary four-fifths vote of the members of the City Council in accordance with California Government Code sections 36934 and 36937, and takes effect immediately upon adoption. SECTION 7. Publication. The City Clerk shall certify to the adoption of this ordinance. Not later than 15 days following the passage of this ordinance, the ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Azusa, California, at a regular meeting of the City Council held on the 3rd day of December, 2018, by the following vote: AYES: NOES: ABSENT: Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 15 of 16 ABSTAIN: CITY OF XXXX: ________________________________ Mayor ATTEST: __________________________________ City Clerk Urgency Ordinance No.XX - Sidewalk Vending December 17, 2018 Page 16 of 16 [INSERT CERTIFICATION PAGE]