HomeMy Public PortalAboutOrdinance 1110ORDINANCE NO. 1110
AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING
THE BEAUMONT MUNICIPAL CODE TO REPEAL CHAPTER
5.64 AND REPLACE WITH A NEW CHAPTER 5.64 ENTITLED
"PEDDLERS," AND TO ADD CHAPTER 5.66, A SIDEWALK
VENDING PROGRAM, AND MAKING FINDINGS PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF BEAUMONT HEREBY ORDAINS AS
FOLLOWS:
Section 1. Findings.
(a) Senate Bill 946 was signed into law on September 17, 2018, and took effect
on January 1, 2019.
(b) Senate Bill 946, which is codified at Chapter 6.2 (commencing with Section
51036) of Part 1 of Division 1 of Title 5 of the California Government Code, limits the authority of
cities and counties to regulate Sidewalk Vendors except in accordance with the provisions of
California Government Code Sections 51038 and 51039.
(c) The Beaumont Municipal Code ("Municipal Code") currently regulates
Sidewalk Vendors in a manner that is inconsistent with Senate Bill 946.
(d) Chapter 5.64 of the Municipal Code, Commercial Peddlers, Solicitors and
Itinerant Merchants, is no longer consistent with current modes of commerce and is inconsistent
with current law.
(e) The City desires to amend its Municipal Code to (1) repeal and replace
chapter 5.64, (2) adopt a sidewalk vending program, and (3) ensure compliance with Senate Bill
946.
(f) Regulation of sidewalk vending will benefit the City as a whole as it will
lead to orderly commerce while encouraging entrepreneurship and providing economic opportunity
for people to support themselves and their families.
(g) The act of vending on public sidewalks, pedestrian paths or pedestrian
walkways creates the potential for safety hazards, such as, but not limited to, inhibiting the ability
of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the
performance of police, firefighter and emergency medical personnel services; encouraging
pedestrians to cross mid -block or stand in roadways to purchase food and merchandise; and creating
obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic.
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(h) Regulations of sidewalk vendors are needed to accommodate sidewalk
vendors' equipment while safeguarding pedestrian movement on public sidewalks, parkways,
pedestrian paths or walkways, and other public rights -of -way.
(i) Regulations of sidewalk vendors engaged in the sale of food and food products
are needed to protect the public health and safety by ensuring that sidewalk vendors prepare food
safely and in accordance with the requirements of the Riverside County Department of Public
Health and the City's Health Department.
(j) Regulations of sidewalk vendors are needed to prevent hazardous or
unsanitary conditions and to ensure that trash and debris are removed by sidewalk vendors and do
not become a pollutant.
(j) The City Council adopts this ordinance under the authority provided in
Senate Bill 946 and Government Code Sections 51036 through 51039 and finds that the time, place,
and manner regulations and requirements provided herein are directly related to the City's purpose
of protecting the health, safety and welfare of its residents, businesses and visitors, including
ensuring compliance with the American with Disabilities Act of 1990 (Public Law 101-336) and
other disability standards; ensuring the public's use and enjoyment of natural resources and
recreational opportunities; and preventing an undue concentration of commercial activity that
unreasonably interferes with the scenic and natural character of City parks.
Section 2. CEQA. The City Council hereby finds and determines that this ordinance is
not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et
seq,) ("CEQA") pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA
Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change
in the environment, because there is no possibility that it may have a significant effect on the
environment, and because it is not a "project" as that term is defined in Section 15378 of the State
CEQA Guidelines.
Section 3. Repeal and Replace Chapter 5.64. The City Council hereby repeals
Chapter 5.64 of the Municipal Code, Commercial Peddlers, Solicitors and Itinerant Merchants, in
its entirety, and replaces with a new Chapter 5.64 entitled "Peddlers" to read as follows:
"Chapter 5.64. Peddlers
5.64.010 — Definitions.
5.64.020 - Permit Required.
5.64.030 - Permit Application.
5.64.040 - Issuance of Permit.
5.64.050 - Denial of Permit.
5.64.060 - Conditions Imposed on Permit.
5.64.070 - Permit Expiration.
5.64.080 - Permits Nontransferable.
5.64.090 - Revocation of Permit.
5.64.100 - Notice of Hearing and Grounds for Revocation.
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5.64.110 - Emergency Temporary Suspension of Permit.
5.64.120 - Conduct of Hearing on Suspension or Revocation.
5.64.130 - Decision of Hearing on Suspension or Revocation.
5.64.140 - Appeal to Hearing Officer.
5.64.150 - Operating Requirements.
5.64.160 - Identification Card.
5.64.170 - Administrative Citations.
5.64.180 - Exemptions.
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5.64.010 — Definitions.
For purposes of this Chapter, the following definitions apply unless the context in which they are
used clearly requires otherwise:
"Chief of Police": The Chief of Police of the City or his or her designee.
"Director": The Planning Director of the City or his or her designee.
"Food": Any type of raw, cooked, or processed edible substance, including any food product or
beverage.
"Merchandise": goods, wares, merchandise, meats, fish, vegetables, fruits, farm products, or
prepared foods.
"Peddler": shall mean any person, traveling by foot, automotive vehicle, or any other type of
conveyance from place to place, house to house, or from street to street carrying, conveying, or
transporting Merchandise and offering and exposing the same for sale, or making sales and
delivering articles to purchasers, or any person who traveling from place to place, shall sell or offer
for sale such Merchandise from an automotive vehicle, or other vehicle or conveyance; or any
person who solicits orders and as a separate transaction makes deliveries to purchaser. "Peddler"
shall not include a person engaged in, conducting or carrying on the business of vending on a
sidewalk, pursuant to a valid permit issued pursuant to Chapter 5.66.
"Temporary Special Permit": A permit issued by the City for the temporary use of, or
encroachment on, the sidewalk or other public area, including but not limited to, an encroachment
permit, special event permit, or temporary event permit, for purposes including, but not limited to,
filming, parades, outdoor concerts, festivals, carnivals, and street fairs.
"Vend" or "Vending": To barter, exchange, sell, offer for sale, display for sale, or solicit offers to
purchase, 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.
5.64.020 - Permit Required.
No person shall engage in, conduct, or carry on the business of Vending as a Peddler without a
permit issued under the provisions of this Chapter.
5.64.030 - Permit Application.
Every person, prior to engaging in, conducting, or carrying on the business of a Peddler, shall file
an application for a permit with the Director or his or her designee, accompanied by,,a nonrefundable
processing fee in an amount established by resolution of the City Council. The application shall be
in a form prescribed by the Director and shall contain, at a minimum, the following:
A. The legal name, current mailing address and telephone number of the applicant;
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B. If the applicant is an agent of an individual, company, partnership, corporation, or
other entity, the name and business address of the principal;
C. A copy of a California's driver's license or identification number, an individual
taxpayer identification number, or a social security number. The. number collected shall not be
available to the public for inspection, is confidential, and shall not be disclosed except as required
to administer the permit or comply with a state law or state or federal court order;
D. A description of the Merchandise;
E. A current valid California seller's permit number pursuant to Section 6067 of the
California Revenue and Taxation Code;
F. If a Vendor of Food, a Food Handler Certificate issued by the Riverside County
Department of Environmental Health and other applicable requirements of the County.
G. An agreement by the applicant to indemnify and hold harmless the City, its officers
and employees, for any damage or injury caused to the City as a result of the Peddler conduct or
activity;
H. Certification by the applicant, under penalty of perjury, that the information
contained in the application is true to his or her knowledge and belief; and
I. Any other reasonable information regarding the time, place, and manner of the
proposed Peddler activities.
J. The applicant's consent to a fingerprint check by the Chief of Police or his
designee.
Applications for permits shall be filed a minimum of thirty (30) days prior to the date requested for
issuance of the permit. Renewal permit applications shall be filed a minimum of thirty (30) days
prior to the expiration of any existing permit.
5.64.040 - Issuance of Permit.
The Director or his designee shall grant a Peddler permit within ten days after receiving the
completed application and proof of a valid City business license if he or she finds that all of the
following requirements have been met:
A. The business license fees have been paid.
B. The application conforms in all respects to the provisions of this Chapter.
C. The applicant has not made a material misrepresentation of fact in the application.
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D. The applicant has not had a similar permit or license denied or revoked by the City
within one year prior to the date of the application.
E. The applicant has not been convicted, during the three-year period immediately
preceding the issuance of the permit, of any offenses involving the sale of a controlled substance
specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety
Code in conjunction with, or while conducting, business or activity as a Peddler.
F. The applicant has obtained any other applicable City or county permits, including
any City or county health permit required for the preparation and sale of food products.
G. The applicant has obtained a valid City business license and paid the appropriate
business license fee.
5.64.050 - Denial of Permit.
If the Director or his designee finds that all the requirements of section 5.64.060 of the Municipal
Code have not been met, he or she shall deny the application for the Peddler permit. Written
notification of denial of the permit application, setting forth the grounds for denial, shall be served
on the applicant by personal delivery or by first class and certified or registered mail, return receipt
requested, addressed to the applicant at his or her mailing address as set forth in the permit
application. Notice of denial of the application shall be deemed to have been served on the date it
is personally served on the applicant or when deposited in the United States mail with postage
prepaid and addressed to the applicant at his or her mailing address as set forth in the permit
application, regardless whether the certified mail receipt is returned to the City signed or unsigned.
5.64.060 - Conditions Imposed on Permit.
Any person issued a permit pursuant to this Chapter shall comply with all operating requirements
that are imposed as part of the permit pursuant to sections 5.64.150 and 5.64.160 of this Chapter.
5.64.070 - Permit Expiration.
A permit issued pursuant to this Chapter shall be effective for a period of one year from the date of
issuance.
5.64.080 - Permits Nontransferable.
No permit issued pursuant to this Chapter shall be transferable.
5.64.090 - Revocation of Permit.
The Director may revoke a permit issued under this Chapter for any of the following reasons:
A. The permitee has made a material misrepresentation in the application.
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days;
B. The permitee has committed violations of this Chapter on four (4) or more separate
C. The permittee has failed to maintain the insurance required by this Chapter;
D. The permitee has failed to comply with applicable federal, state or local laws and
regulations;
E. The permitee has conducted the Vending in a manner which endangers the public
health or safety.
F. The permitee's conviction at any time of an offense involving the sale of a controlled
substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and
Safety Code in conjunction with, or while conducting, Peddler business or activity.
5.64.100 - Notice of Hearing and Grounds for Revocation.
Prior to the revocation of a permit issued under this Chapter, the permittee shall be notified in
writing of the grounds for the revocation of the permit and a hearing shall be held thereon. Written
notification of revocation of the permit, setting forth the grounds for the revocation, shall be served
on the permitee by personal delivery or by first class and certified or registered mail, return receipt
requested, addressed to the permittee at his or her mailing address as set forth in the permit
application. Notice of revocation of the permit shall be deemed to have been served on the date it
is personally served on the permitee or when deposited in the United States mail with postage
prepaid and addressed to the applicant at his or her mailing address as set forth in the permit
application, regardless whether the certified mail receipt is returned to the City signed or unsigned.
Notice of the hearing shall be given in accordance with Chapter 1.17 of the Municipal Code to the
permittee at least ten (10) days prior to the hearing.
5.64.110 - Emergency Temporary Suspension of Permit.
Where the conduct or the activity of the permittee creates an imminent peril to the public health or
safety, a permit issued pursuant to this Chapter may be summarily suspended upon notice to the
permittee, provided that the permittee shall be entitled to a hearing within three (3) days thereafter
and any emergency suspension shall not exceed fifteen (15) days pending a hearing under section
5.64.100.
5.64.120 - Conduct of Hearing on Suspension or Revocation.
The Director shall conduct a hearing and make the determination on the suspension or revocation of
a permit. The Director may promulgate rules of procedure for such hearings, which shall recognize
the right of the permittee to be heard and to call witnesses on the permittee's behalf.
5.64.130 - Decision of Hearing on Suspension or Revocation.
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The decision of the Director shall be rendered within ten (10) days of the close of the hearing. The
decision shall be in writing and shall set forth the findings and reasons for the decision, and the
permittee shall be notified in writing of his or her right to appeal to the Hearing Officer as set forth
in section 5.64.140.
5.64.140 Appeal to Hearing Officer.
A. Any applicant for a permit under this Chapter, or a permittee, shall have the right
to appeal from a decision by the Director to deny a permit application or to revoke a permit, by
filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal,
within fifteen (15) days after the decision has been served on the applicant or permittee. Such
appeal shall be heard by the Hearing Officer, as designated by the City Council from time
to time, or by an administrative hearing officer designated by or at the request of the Hearing
Officer, upon not less than fifteen (15) days' written notice to the appellant. The Hearing
Officer, as the designated administrative hearing officer, shall consider all relevant evidence at
the hearing, continue the hearing for good cause, and require such legal briefing as may be
required to address any issues raised by the appeal. Within a reasonable time, but not more than
thirty (30) days following the conclusion of the hearing, the Hearing Officer or the designated
administrative hearing officer shall issue a written decision affirming, denying or modifying the
decision from which the appeal was taken, supported by factual findings and determinations
referenced by supporting evidence. The decision of the Hearing Officer or designated
administrative hearing officer shall be final. The written decision shall be served on the appellant
as provided in Code of Civil Procedure section 1094.6(b), with a copy submitted to the City Clerk.
The written decision shall include a notice to the appellant that the decision is subject to judicial
review according to the provisions and time limits set forth in Code of Civil Procedure section
1094.6. If a timely appeal is filed, any revocation shall be stayed pending the decision of the
Hearing Officer. Otherwise, the revocation shall become effective immediately upon expiration
of the period for filing an appeal.
B. No person whose permit is finally denied or revoked shall be eligible to apply for
a new permit for a period of one (1) year following such final action.
5.64.150 - Operating Requirements.
A. Except as otherwise permitted in this Chapter or the Municipal Code, no Peddler
shall Vend in the following locations:
1. Any public property, including, without limitation, streets, alleys, and City -
owned parking structures;
2. Within one hundred (100) feet of a police officer, firefighter, or emergency
medical personnel who is actively performing his or her duties or providing services to the public;
3. Within one hundred (100) feet of a street intersection or traffic signal;
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4. Within fifteen (15) feet of a fire hydrant, fire call box, police call box, traffic
signal controller, or streetlight controller;
5. Within ten (10) feet of any driveway or driveway approach;
6. Within ten (10) feet of a marked crosswalk;
7. Within ten (10) feet of the curb return of an unmarked crosswalk;
8. Within any median strip or dividing section;
9. Within two hundred (200) feet of a Police Station or Fire Station.
B. Vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half
hour after sunset, whichever comes first, except that the hours of operation shall not be more
restrictive than the hours of operation imposed on other businesses or uses on the same street.
C. Peddlers shall possess at all times, while Vending, a copy of a valid current permit
issued pursuant to this Chapter, as well as any other permit required by any other appropriate
governmental agency. The Peddler shall display a copy of the permit upon request by authorized
City employees.
D. If a Peddler of Food, the Peddler shall possess and display in plain view on a valid
current Mobile Food Facility permit from Riverside County Department of Public Health and, if
issued by the Riverside County Department of Environmental Health, a grade.
E. Peddlers shall comply with all applicable state and local laws, as amended from time
to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter
9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive
Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health
and Safety Code and Riverside County Ordinances, state Food labeling and preparation
requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public
Law 101-336) and other disability access standards (both state and federal).
F. Peddlers shall not engage in any of the following activities:
1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco
or electronic cigarette products;
2. Vending illegal or counterfeit Merchandise;
3. Damaging public or private property, including trees, shrubs, grass, flowers,
plants or vegetation;
4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or
parking spaces; or
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5. Vending in a manner that blocks or obstructs the free movement of vehicles,
including Parked vehicles.
6. Where food of any kind is dispensed from a vehicle, pushcart or other
conveyance, shall maintain a clearly designated litter receptacle in the immediate vicinity, marked
with a sign requested use by patrons; and provided further, prior to leaving the location, shall pick
up, remove, and dispose of all trash or refuse which consists of materials originally dispensed by
that person, including any packages or containers, or parts thereof, used with or for dispensing such
food.
5.64.160 - Identification Card.
Every Peddler that Vends Food shall obtain a food handler card issued by the Riverside County
Department of Environmental Health, and shall have the food handler card and a valid and current
photo identification card in their possession at all times when engaged Peddler activity. The food
handler card shall be displayed to any police officer or other authorized City employee upon request
of such police officer or authorized City employee.
5.64.170 - Administrative Citations.
A. In accordance with Government Code section 51039, a violation of this Chapter by a
Peddler who has a valid current permit issued by the City pursuant to this Chapter is punishable only
by an administrative citation, in amounts not to exceed the following:
1. One hundred dollars ($100) for a first violation.
2. Two hundred dollars ($200) for a second violation within one year of the
first violation.
3. Five hundred dollars ($500) for each additional violation within one year of
the first violation.
4. The City may revoke a permit issued to a Peddler for the term of that permit
upon the fourth violation or subsequent violations.
B. In accordance with Government Code section 51039, a violation of this Chapter by a
person engaged in Peddler activity without a valid current permit issued pursuant to this Chapter is
punishable only by an administrative citation, in amounts not to exceed the following, in lieu of the
amounts set forth in paragraph A:
first violation.
1. Two hundred fifty dollars ($250) for a first violation.
2. Five hundred dollars ($500) for a second violation within one year of the
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3. One thousand dollars ($1,000) for each additional violation within one year
of the first violation.
4. Upon proof of a valid permit issued by the City pursuant to this article, the
administrative citations set forth in this paragraph shall be reduced to the amounts set forth in
paragraph A.
C. It shall constitute a new and separate offense for each and every hour during any
portion of which a violation of, or failure to comply with, any provision or requirement of this
Chapter is committed, continued, or permitted by any person.
D. A violation of this Chapter shall not be punishable as an infraction or misdemeanor
and a person alleged to have violated any provision of this Chapter shall not be subject to arrest
except when permitted under law. Further, failure to pay an administrative citation issued pursuant
to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees,
assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
E. When assessing administrative citations pursuant to this Chapter, the administrative
hearing officer shall take into consideration the person's ability to pay the fine. The administrative
hearing officer 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
the judgment remains unpaid, including when a case is delinquent or has been referred to a
comprehensive collection program.
F. If the person meets the criteria described in subdivision (a) or (b) of California
Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of
an administrative citation imposed pursuant to this Chapter.
G. The administrative hearing officer may allow a person to complete community
service in lieu of paying the total administrative citation, may waive the administrative citation, or
may offer an alternative disposition."
5.64.180 — Exemptions.
The provisions of this Chapter shall not apply to transporting property owned or handled on
consignment by the agents or employees of an established place of business, where such
transportation is incidental to such business, and when such property is being transported to or from
such established place of business. "Established place of business" shall mean any permanent
warehouse, building, structure, or outdoor vending business which is owned or leased, and at which
the owner or lessee carries on a legitimate permanent business in good faith and at which stocks of
the goods transported are produced, stored, or kept in quantities usually carried and reasonably
adequate to meet the requirements of the business."
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Section 4. Addition of New Chanter 5.66. The City Council hereby adds a new
Chapter 5.66 to Title 5 ("BUSINESS TAXES, LICENSES AND REGULATIONS ") of the
Municipal Code to read as follows:
"Chapter 5.66. Sidewalk Vending
5.66.010 — Definitions.
5.66.020 - Permit Required.
5.66.030 - Permit Application.
5.66.040 - Issuance of Permit.
5.66.050 - Denial of Permit.
5.66.060 - Conditions Imposed on Permit.
5.66.070 - Permit Expiration.
5.66.080 - Permits Nontransferable.
5.66.090 - Revocation of Permit.
5.66.100 - Notice of Hearing and Grounds for Revocation.
5.66.110 - Emergency Temporary Suspension of Permit.
5.66.120 - Conduct of Hearing on Suspension or Revocation.
5.66.130 - Decision of Hearing on Suspension or Revocation.
5.66.140 - Appeal to Hearing Officer.
5.66.150 - Operating Requirements.
5.66.160 - Administrative Citations.
5.66.010 - Definitions.
For purposes of this Chapter, the following definitions apply unless the context in which they are
used clearly requires otherwise:
"Chief of Police": The Chief of Police of the City or his or her designee.
"Director": The Planning Director of the City or his or her designee.
"Fire Station ": Any facility where fire engines and other equipment of the City's Fire Department
are housed.
"Food": Any type of raw, cooked, or processed edible substance, including any food product or
beverage.
"Merchandise ": Any tangible goods or items that are not Food.
"Park": A public park shall mean any park open to the public located within the City and includes
all Sidewalks and parking lots located within or on the perimeter of a public park.
"Police Station": Any facility where police vehicles and other equipment of the City's Police
Department are housed.
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"Roaming Sidewalk Vendor": A Sidewalk Vendor who moves from place to place and stops only
to complete a transaction.
"Sidewalk": A public sidewalk or paved pedestrian path or walkway specifically designed for
pedestrian travel.
"Sidewalk Vendor ": A person who Vends from a Vending cart or from one's person, upon a
Sidewalk.
"Stationary Sidewalk Vendor": A Sidewalk Vendor who Vends from a fixed location.
"Temporary Special Permit": A permit issued by the City for the temporary use of, or
encroachment on, the Sidewalk or other public area, including but not limited to, an encroachment
permit, special event permit, or temporary event permit, for purposes including, but not limited to,
filming, parades, outdoor concerts, festivals, carnivals, and street fairs.
"Vend" or "Vending": To barter, exchange, sell, offer for sale, display for sale, or solicit offers to
purchase, 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.
"Vending Cart": A pushcart, stand, display, pedal -driven Cart, wagon, showcase, rack, or other
non -motorized conveyance used for Vending, that is not a vehicle as defined in the California
Vehicle Code.
5.66.020 - Permit Required.
No person shall engage in, conduct, or carry on the business of Vending on a Sidewalk without a
permit issued under the provisions of this Chapter.
5.66.030 - Permit Application.
Every person, prior to engaging in, conducting, or carrying on the business of Vending on a
Sidewalk, shall file an application for a permit with the Director, accompanied by a nonrefundable
processing fee in an amount established by resolution of the City Council. The application shall be
in a form prescribed by the Director and shall contain, at a minimum, the following:
A. The legal name, current mailing address and telephone number of the applicant;
B. If the applicant is an agent of an individual, company, partnership, corporation, or
other entity, the name and business address of the principal;
C. A copy of a California's driver's license or identification number, an individual
taxpayer identification number, or a social security number. The number collected shall not be
available to the public for inspection, is confidential, and shall not be disclosed except as required
to administer the permit or comply with a state law or state or federal court order;
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D. A description of the Food and/or Merchandise for Vending;
E. The dimensions of the Vending Cart;
F. A current valid California seller's permit number pursuant to Section 6067 of the
California Revenue and Taxation Code;
G. If a Vendor of Food, a Food Handler Certificate issued by the Riverside County
Department of Environmental Health and other applicable requirements of the County.
H. An agreement by the applicant to indemnify and hold harmless the City, its officers
and employees, for any damage or injury caused to the City as a result of the Sidewalk Vending
conduct or activity;
I. Certification by the applicant, under penalty of perjury, that the information
contained in the application is true to his or her knowledge and belief; and
J. Any other reasonable information regarding the time, place, and manner of the
proposed Sidewalk Vending activities.
Applications for permits shall be filed a minimum of thirty (30) days prior to the date requested for
issuance of the permit. Renewal permit applications shall be filed a minimum of thirty (30) days
prior to the expiration of any existing permit.
5.66.040 - Issuance of Permit.
The Director or his designee shall grant a Sidewalk Vendor permit within ten days after receiving
the completed application and proof of a valid City business license if he or she finds that all of
the following requirements have been met:
A. The business license fees have been paid.
B. The application conforms in all respects to the provisions of this Chapter.
C. The applicant has not made a material misrepresentation of fact in the application.
D. The applicant has not had a similar permit or license denied or revoked by the City
within one year prior to the date of the application.
E. The applicant has not been convicted, during the three-year period immediately
preceding the issuance of the permit, of any offenses involving the sale of a controlled substance
specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety
Code in conjunction with, or while conducting, Sidewalk Vending business or activity.
F. The applicant has obtained any other applicable City or county permits, including
any City or county health permit required for the preparation and sale of food products.
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G. The applicant has obtained a valid City business license and paid the appropriate
business license fee.
5.66.050 - Denial of Permit.
If the Director finds that all the requirements of section 5.64.060 of the Municipal Code have not
been met, he or she shall deny the application for the Sidewalk Vendor permit. Written notification
of denial of the permit application, setting forth the grounds for denial, shall be served on the
applicant by personal delivery or by first class and certified or registered mail, return receipt
requested, addressed to the applicant at his or her mailing address as set forth in the permit
application. Notice of denial of the application shall be deemed to have been served on the date it
is personally served on the applicant or when deposited in the United States mail with postage
prepaid and addressed to the applicant at his or her mailing address as set forth in the permit
application, regardless whether the certified mail receipt is returned to the City signed or unsigned.
5.66.060 - Conditions Imposed on Permit.
Any person issued a permit pursuant to this Chapter shall comply with all operating requirements
that are imposed as part of the permit pursuant to sections 5.66.150 and 5.66.160 of this Chapter.
5.66.070 - Permit Expiration.
A permit issued pursuant to this Chapter shall be effective for a period of one year from the date of
issuance.
5.66.080 - Permits Nontransferable.
No permit issued pursuant to this Chapter shall be transferable.
5.66.090 - Revocation of Permit.
The Director may revoke a permit issued under this Chapter for any of the following reasons:
A. The permitee has made a material misrepresentation in the application.
B. The permitee has committed violations of this Chapter on four (4) or more separate
days;
C. The permittee has failed to maintain the insurance required by this Chapter;
D. The permitee has failed to comply with applicable federal, state or local laws and
regulations;
E. The permitee has conducted the Vending in a manner which endangers the public
health or safety.
F. The permitee's conviction at any time of an offense involving the sale of a
controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California
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Health and Safety Code in conjunction with, or while conducting, Sidewalk Vending business or
activity.
5.66.100 - Notice of Hearing and Grounds for Revocation.
Prior to the revocation of a permit issued under this Chapter, the permittee shall be notified in
writing of the grounds for the revocation of the permit and a hearing shall be held thereon. Written
notification of revocation of the permit, setting forth the grounds for the revocation, shall be served
on the permitee by personal delivery or by first class and certified or registered mail, return receipt
requested, addressed to the permittee at his or her mailing address as set forth in the permit
application. Notice of revocation of the permit shall be deemed to have been served on the date it
is personally served on the permitee or when deposited in the United States mail with postage
prepaid and addressed to the applicant at his or her mailing address as set forth in the permit
application, regardless whether the certified mail receipt is returned to the City signed or unsigned.
Notice of the hearing shall be given in accordance with Chapter 1.17 of the Municipal Code to the
permittee at least ten (10) days prior to the hearing.
5.66.110 - Emergency Temporary Suspension of Permit.
Where the conduct or the activity of the permittee creates an imminent peril to the public health or
safety, a permit issued pursuant to this Chapter may be summarily suspended upon notice to the
permittee, provided that the permittee shall be entitled to a hearing within three (3) days thereafter
and any emergency suspension shall not exceed fifteen (15) days pending a hearing under section
5.66.100.
5.66.120 - Conduct of Hearing on Suspension or Revocation.
The Director shall conduct a hearing and make the determination on the suspension or revocation of
a permit. The Director may promulgate rules of procedure for such hearings, which shall recognize
the right of the permittee to be heard and to call witnesses on the permittee's behalf.
5.66.130 - Decision of Hearing on Suspension or Revocation.
The decision of the Director shall be rendered within ten (10) days of the close of the hearing. The
decision shall be in writing and shall set forth the findings and reasons for the decision, and the
permittee shall be notified in writing of his or her right to appeal to the Hearing Officer as set forth
in section 5.66.140.
5.66.140 - Appeal to Hearing Officer.
A. Any applicant for a permit under this Chapter, or a permittee, shall have the right
to appeal from a decision by the Director to deny a permit application or to revoke a permit, by
filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal,
within fifteen (15) days after the decision has been served on the applicant or permittee. Such
appeal shall be heard by the Hearing Officer, as designated by the City Council from time
to time, or by an administrative hearing officer designated by or at the request of the Hearing
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Officer, upon not less than fifteen (15) days' written notice to the appellant. The Hearing
Officer, as the designated administrative hearing officer, shall consider all relevant evidence at
the hearing, continue the hearing for good cause, and require such legal briefing as may be
required to address any issues raised by the appeal. Within a reasonable time, but not more than
thirty (30) days following the conclusion of the hearing, the Hearing Officer or the designated
administrative hearing officer shall issue a written decision affirming, denying or modifying the
decision from which the appeal was taken, supported by factual findings and determinations
referenced by supporting evidence. The decision of the Hearing Officer or designated
administrative hearing officer shall be final. The written decision shall be served on the appellant
as provided in Code of Civil Procedure section 1094.6(b), with a copy submitted to the City Clerk.
The written decision shall include a notice to the appellant that the decision is subject to judicial
review according to the provisions and time limits set forth in Code of Civil Procedure section
1094.6. If a timely appeal is filed, any revocation shall be stayed pending the decision of the
Hearing Officer. Otherwise, the revocation shall become effective immediately upon expiration
of the period for filing an appeal.
B. No person whose permit is finally denied or revoked shall be eligible to apply for
a new permit for a period of one (1) year following such final action.
5.66.150- Operating Requirements.
A. Except as otherwise permitted in this Chapter or the Municipal Code, no Sidewalk
Vendor shall Vend in any of the following locations:
1. Any public property other than a Sidewalk, including, without limitation,
streets, alleys, and City -owned parking structures;
2. Within two hundred (200) feet of any other Sidewalk Vendor;
3. Within one hundred (100) feet of a police officer, firefighter, or emergency
medical personnel who is actively performing his or her duties or providing services to the public;
4. Within one hundred (100) feet of a street intersection or traffic signal;
5. Within fifteen (15) feet of a fire hydrant, fire call box, police call box, traffic
signal controller, or streetlight controller;
6. Within ten (10) feet of any driveway or driveway approach;
7. Within ten (10) feet of a marked crosswalk;
8. Within ten (10) feet of the curb return of an unmarked crosswalk;
9. Within any median strip or dividing section;
10. Within two hundred (200) feet of a Police Station or Fire Station.
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B. Sidewalk Vendors must at all times maintain a clearance within a sidewalk sufficient
to enable persons to freely pass while walking, running, or using mobility assistance devices.
C. Sidewalk Vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m.
or one-half hour after sunset, whichever comes first, except that the hours of operation shall not be
more restrictive than the hours of operation imposed on other businesses or uses on the same street.
D. If a Sidewalk Vendor of Food other than solely prepacked Food, the Vendor shall
possess hand sanitizer for use by the Sidewalk Vendor and patrons.
E. If a Stationary Sidewalk Vendor, the Vendor shall maintain a clearly designated litter
receptacle in the immediate vicinity, marked with a sign requesting use by patrons. The litter
receptacle must be large enough to accommodate customer litter without resort to existing litter
receptacles located on any block for use by the general public. The Vendor's litter receptacle may not
be left on the Sidewalk upon leaving any Vending location.
F. If a Roaming Sidewalk Vendor Vending from a Vending Cart, the Vendor shall
maintain a litter receptacle attached to the Vending Cart large enough to accommodate customer
litter without resort to existing litter receptacles located on any block for use by the general public
and marked with a sign requesting use by patrons.
G. Sidewalk Vendors shall maintain a neat, sanitary, hazard and trash -free ten (10) foot
radius of the Vending location during hours of operation, and prior to leaving any Vending location,
the Sidewalk Vendor shall pick up, remove, and dispose of all litter generated by the Vending
operations within a ten (10) foot radius of the Vending location in the Sidewalk Vendor's litter
receptacle. Sidewalk Vendors shall not throw, deposit, or leave, or permit to be thrown, deposited, or
left, any litter, Food, or other discarded or abandoned objects, in or upon any street, Sidewalk, gutter,
storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the
City, so that the same might be or become a pollutant.
H. Sidewalk Vendors shall immediately clean up any Food, grease or other fluid or item
related to Sidewalk Vending activities that falls on public property.
I. If a Stationary Sidewalk Vendor remains in place for one (1) hour or longer, the
Sidewalk Vendor must be located within three hundred (300) feet of a publicly -accessible restroom.
J. Sidewalk Vendors must ensure that Food and Merchandise are securely fastened to
the Vending Cart in such a manner that the Food or Merchandise does not fall off or extend outside
of the frame of the Vending Cart.
K. All Food and Merchandise shall be stored either inside or affixed to the Vending
Cart or carried by the Sidewalk Vendor.
L. Vending Carts shall not be placed on any public property other than a Sidewalk.
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M. Vending Carts shall not touch, lean against or be affixed at any time to any building
or structure including, but not limited to poles, signs, trees, lampposts, parking meters, mailboxes,
traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other
objects on public property or in the public right-of-way.
P. All signage and advertising related in any way to the Sidewalk Vendor must be
attached to the Vending Cart or the Sidewalk Vendor's person, and shall.not be electrical, flashing,
wind -powered or animated.
Q. A Vending Cart approved by the Riverside County Department of Environmental
Health to Vend one type or types of Food may not be used to Vend a different type of Food.
R. Sidewalk Vendors shall possess at all times, while Vending, a copy of a valid current
permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate
governmental agency. The Sidewalk Vendor permit shall be displayed conspicuously at all times
on the Vending Cart or the Sidewalk Vendor's person. If multiple Sidewalk Vendors are staffing a
Vending Cart or working as Roaming Sidewalk Vendors, each person shall wear their permit on
their person in a conspicuous manner. With respect to all other required permits, the Sidewalk
Vendor shall display a copy of the permit upon request by authorized City employees.
S. If a Sidewalk Vendor of Food, the Vendor shall possess and display in plain view
on the Vending Cart a valid current Mobile Food Facility permit from Riverside County Department
of Public Health and, if issued by the Riverside County Department of Environmental Health, a
grade.
T. Sidewalk Vendors shall comply with all applicable state and local laws, as amended
from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code,
Chapter 9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive
Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health
and Safety Code and Riverside County Ordinances, state Food labeling and preparation
requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public
Law 101-336) and other disability access standards (both state and federal).
U. Not including an attached litter receptacle, Vending Carts shall not exceed a length
of four (4) feet, a width of four (4) feet, or a height, including a roof, umbrella, or awning, of ten
(10) feet provided that any umbrella or awning shall be no less than seven (7) feet above the surface
of the Sidewalk.
V. Vending Carts shall not be accompanied by accessories, including, but not limited
to, tables, chairs, benches and umbrellas except that one chair and one umbrella may be provided
for the purpose of allowing the Vendor or an employee to be seated in shade.
W. Vending Carts for Merchandise, if stored in the City, shall be fully. enclosed by a
structure with walls and a roof when not in use for Sidewalk Vending.
X. Vending Carts for Food shall be stored in accordance with all requirements of the
Riverside County Department of Public Health and the City's Health Department.
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Y. Vending Carts shall have locking wheels to prevent uncontrolled movement.
Z. Vending Carts shall not be left unattended.
AA. Vending Carts shall not be left overnight on any public property or rights -of -way.
BB. Sidewalk Vendors shall not engage in any of the following activities:
1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or
electronic cigarette products;
2. Vending illegal or counterfeit Merchandise;
3. Damaging public or private property, including trees, shrubs, grass, flowers,
plants or vegetation;
4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or
parking spaces; or
5. Vending in a manner that blocks or obstructs the free movement of vehicles,
including Parked vehicles.
5.66.160 - Administrative Citations.
A. In accordance with Government Code section 51039, a violation of this Chapter by a
Sidewalk Vendor who has a valid current permit issued by the City pursuant to this Chapter is
punishable only by an administrative citation, in amounts not to exceed the following:
1. One hundred dollars ($100) for a first violation.
2. Two hundred dollars ($200) for a second violation within one year of the
first violation.
3. Five hundred dollars ($500) for each additional violation within one year of
the first violation.
4. The City may revoke a permit issued to a Sidewalk Vendor for the term of
that permit upon the fourth violation or subsequent violations.
B. In accordance with Government Code section 51039, a violation of this Chapter by a
person engaged in Sidewalk Vending without a valid current permit issued pursuant to this Chapter
is punishable only by an administrative citation, in amounts not to exceed the following, in lieu of
the amounts set forth in paragraph A:
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1. Two hundred fifty dollars ($250) for a first violation. or his or her
2. Five hundred dollars ($500) for a second violation within one year of the
3. One thousand dollars ($1,000) for each additional violation within one year
of the first violation.
designee.
first violation.
4. Upon proof of a valid permit issued by the City pursuant to this article, the
administrative citations set forth in this paragraph shall be reduced to the amounts set forth in
paragraph A.
5. It shall constitute a new and separate offense for each and every hour during
any portion of which a violation of, or failure to comply with, any provision or requirement of this
Chapter is committed, continued, or permitted by any person.
6. A violation of this Chapter shall not be punishable as an infraction or
misdemeanor and a person alleged to have violated any provision of this Chapter shall not be subject
to arrest except when permitted under law. Further, failure to pay an administrative citation issued
pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines,
fees, assessments, or any other financial conditions beyond those authorized herein shall not be
assessed.
7. When assessing administrative citations pursuant to this Chapter, the
administrative hearing officer shall take into consideration the person's ability to pay the fine. The
administrative hearing officer 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 the judgment remains unpaid, including when a case is delinquent or has been
referred to a comprehensive collection program.
8. If the person meets the criteria described in subdivision (a) or (b) of California
Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of
an administrative citation imposed pursuant to this Chapter.
9. The administrative hearing officer may allow a person to complete
community service in lieu of paying the total administrative citation, may waive the administrative
citation, or may offer an alternative disposition."
Section 5. Severabilitv. If any sentence, word, phrase, section or provision of this
ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a
separate, distinct and independent provision and such holding shall not affect the validity and
enforceability of the other provisions of this ordinance.
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Section 6. Publication and Certification. The City Clerk shall cause this ordinance to
be published at least once in a newspaper of general circulation published and circulated in the City
within fifteen (15) days after its passage in accordance with Section 36933 of the Government
Code, shall certify to the adoption of this ordinance, and shall cause this ordinance and certification,
together with proof of publication, to be entered in the book of ordinances of the Council of this
City.
Section 7. Effective Date. This ordinance shall take effect thirty-one days after its
adoption.
NOW, THEREFORE, BE IT ORDAINED the City Council of the City of Beaumont, California,
approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City
Council of the City of Beaumont, California, held on the 6th day of August, 2019, by the following
roll call vote:
AYES: White, Lara, Carroll, Santos, Martinez
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Beaumont, California, held on the 3rd day of September 2019.
AYES: Lara, Santos, Martinez
NOES:
ABSENT: Carroll
ABSTAIN: White
Attest:
in
Steven Mehlman, City Clerk
Approved as to form:
Pinkne ity Attorney
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