HomeMy WebLinkAboutSidewalk Vending Workshop -Senate Bill 946 8 3 201
Background
As of January 1, 2019, the state legislature prohibits local authorities from regulating sidewalk vending activities, except in accordance with Senate Bill 946 (SB946). The passage of SB 946 has decriminalized sidewalk vending activities and prohibits local agencies from issuing criminal citations and making arrests for sidewalk vending. SB 946 explicitly stated that the legislation did not affect the applicability of the California Retail Food Code, which permits criminal enforcement as to sidewalk vendors who sell food.
On June 5, 2019, the Mayor and City Council of the City of San Bernardino approved ordinance MC-1517 creating a program to regulate sidewalk vending in San Bernardino. The ordinance in place allows the city to regulate sidewalk vending activities within the City of San Bernardino.
To enforce the regulations of sidewalk vending staff has identified several areas within the municipal code that need to be amended.
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What are the requirements to
begin operating as a sidewalk
vendor?
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Does the City of San Bernardino require a permit
for sidewalk vending?
Yes, the City of San Bernardino requires all sidewalk vendors
to obtain a permit prior to operating. It is a violation of San
Bernardino Municipal Code 5.30 to operate without a permit.
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Must a cart be approved to operate?
•Food vendors must have their stand approved by the County of San Bernardino Environmental Health Services Department.
•General merchandise can be sold from a pushcart, stand, display, pedal driven cart, wagon, showcase, rack or other non-motorized conveyance, or from ones’ person.
*All carts must allow for 36 inches of clearance on the
sidewalk this includes food and general merchandise.
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What types of items can be sold?
•Prepackaged foods NOT requiring refrigeration
•Prepackaged frozen foods
•Whole uncut fruit
•General merchandise
Restricted items
•County of San Bernardino Department of Environmental Health does not allow the sell of
- Food prepared onsite (e.g. tacos, cut fruit)
- Food requiring refrigeration - Unpackaged and/or opened food
•General merchandise does not include cannabis or cannabis products. Sporting equipment including knives and guns are also not permitted.
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Where can sidewalk vendors operate?
•Sidewalk vending is allowed throughout the city on the
public sidewalk, and in a public park (some restrictions
apply) on the pedestrian path.
* Restrictions apply to private property
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Chapter 5.22 Outdoor Sales and Displays
Requirements:
•Active Business License
•Outdoor Sales Permit
•Merchandise must be related to the business on site
•Valid for 9 days
•No more than 4 times in a calendar year
•30 days between permits
Chapter 19.70.025 Special Event
Permits
•Events and/or uses allowed on
private property that may not be
related to the business on the
property such as:
•Pumpkin and Christmas Tree Lots
etc.
•Food Truck Events
•Fund Raising such as car washes
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Where is sidewalk vending prohibited?
•Near a certified farmers market, swap meet, or an area with a temporary event permit issued by the city.
•A residential zone, if permitted as a stationary vendor.
•A park or public right-of-way, if the operation becomes a concern for the objective health, safety, and welfare of others.
•A park, if the operation unreasonably interferes with the public’s use and enjoyment and/or with the scenic and natural character of the park.
•A park where a vendor has an exclusive contract with the City to sell similar food or merchandise, if the sidewalk vendor is a stationary vendor
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What items are needed to obtain a sidewalk vending permit?
If operating as a stationary vendor:
•An encroachment permit issued by the City of San Bernardino Public Works Department is required. (A site plan must be submitted)
•Liability insurance in the amount of $1,000,000.00, listing the City of San Bernardino as an additional insured.
•Seller’s permit from California Tax and Fee Administration
•Valid ID, such as California ID or Matricular Consular or other government issued ID card.
•Food vendors must also obtain a County Health Permit/ Food handler’s card for employees.
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What items are needed to obtain a sidewalk vending permit?
-Continued
If operating as a mobile vendor:
•Liability insurance in the amount of $1,000,000.00, listing the City of San Bernardino as an additional insured.
•Seller’s permit from California Tax and Fee Administration
•Valid ID, such as California ID or Matricular Consular or other government issued ID card.
•Food vendors must also obtain a County Health Permit/ Food handler’s cards for employees.
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How many sidewalk vending permits have been issued to date:
•A total of 15 sidewalk vending permits have been issued as follows:
•Pre packaged food – 1
•Whole Fruit vendors – 1
•Flowers/Plants - 3
•General Merchandise (Including lifeline phones) – 5
•Insurance – 3
•Ice cream – 1
•Cable - 1
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Are there any restrictions imposed after the permit is issued?
•Sidewalk vending is not allowed on private property, a separate permit must be obtained.
•Stationary sidewalk vendors are prohibited from operating in any residential zone of the City.
•Sidewalk vendors must leave a minimum of thirty-six inches (36”) of accessible path of travel, without obstruction, along the public sidewalk or public pathway.
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Are there any restrictions imposed after the permit is issued? –Continued
•Food vendors must display a valid Health Permit issued by the County of San Bernardino in a conspicuous location on the food cart, and employees of these carts must possess a current food handler’s card issued by the County of San Bernardino.
•Sidewalk vending hours in a Residential Zone are 8:00 a.m. to 8:00 p.m. daily (Mobile Vendors Only).
•Sidewalk vending hours in a Commercial Zone are 8:00 a.m. to 3:00 a.m. daily.
•Sidewalk vending in parks shall cease operations no later than 1 hour prior to closing
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Are there any restrictions imposed after the permit is issued? -Continued
•No sidewalk vendor activities should block entrances to private buildings, private driveways, parking spaces or building windows.
•No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway.
•No tables, chairs, fences, shade structures, site furniture, or any freestanding signs shall be permitted in conjunction with vending activities.
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Are there any restrictions imposed after the permit is issued? –Continued
•The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations.
•Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited.
•No vending shall occur within the immediate vicinity of a Certified Farmers’ Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit.
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Can a permitted vendor be cited while operating?
If a permitted vendor operates in violation of San Bernardino Municipal Code 5.30 the following will occur:
•1st Offense will receive an Administrative Citation and $100 fine.
•2nd Offense will receive an Administrative Citation and $200 fine.
•Any additional offense within the 1 year will result in an Administrative Citation and $500 fine and your permit can be revoked.
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What is the penalty for operating without a permit? (mostly non-food vendors)
If we find you operating without a permit the following will occur:
•1st Offense will receive an Administrative Citation and $250 fine.
•2nd Offense will receive an Administrative Citation and $500 fine.
•Additional offense within 1 year will receive an Administrative Citation and $1,000 fine per additional occurrence.
*(If corrected a citation can be reduced to fines consistent with permitted vendor violations)
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What is the penalty for operating without a permit? (food vendors in violation of City’s Environmental Health Code )
If we find you operating without a County food handling permit, City may charge an infraction and upon conviction will be punished as follows:
•1st Conviction will receive a $25 - $100 fine.
•2nd Conviction within 1 year will receive up to $200 fine.
•3rd Conviction within 1 year will receive up to $500 fine.
4th and additional Convictions within 1 year will be charged as misdemeanors and upon conviction will be punished as follows:
•$250 - $1,000 fine; or
•County jail for no more than 6 months; or
•Both simultaneously
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Several areas of the San Bernardino
Municipal Code need to be amended
for clarification and enforcement
purposes.
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Under SBMC 5.30.040 (D), additional clarification on First Amendment vending - what qualifies and what does not.
Protected items:
•Traditional expressive speech protected (newspapers, pamphlets, etc.)
•Artistic, expressive compositions by the vendor are protected (books, CDs, videos, paintings, etc.)
•Performers can perform (playing musical instruments, singing, etc.) Not Protected:
•Non-expressive creations are not protected (pillows, candles, baskets, etc.)
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Vendors operating in Public Parks
•Amend SBMC 5.30.070(A) to prohibit stationary vendors only, but not roaming vendors from operating in a City Park with an exclusive concessionaire contract or in a Certified Farmer’s Market area
•Amend city park regulations under SBMC 5.30.070(B) to remove the prohibition against stationary vendors in parks in residential zones
•Clarified City’s authority to limit the number of vendors allowed in parks in order to keep view of play areas and fields clear and unobstructed.
•Keep paths of travel unobstructed, and prohibit vendors from being within thirty (30) feet of public restroom facilities in order to maintain the privacy of park patrons.
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Enforcement of the County of San Bernardino Environmental Health Department codes, regulation, and ordinances by city staff
•Amend SBMC Section 5.30.120(I) to designate both the City and County to enforce the County’s Environmental Health Code which the City has adopted to be its own by reference under SBMC Section 8.01.010.
•Make it unlawful for any person to fail to identify oneself upon lawful request by a City employee or agent acting within the scope of their duty or agency (Section 8.01.030)
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Internal code conflicts for definitions of terms
and governing provisions
•Amend SBMC sections 5.04.375 (Peddler or Solicitor -
Foodstuffs) and 5.04.495 (Transient
Merchants/Vendors and temporary businesses
prohibited) to point the public to our sidewalk
vending Chapter 5.30.
•SBMC Sections 5.04.495 and 5.04.496 will still be able
to be used for enforcement on private property.
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Enforcement Action - Public and Private property
•Establish a “Task Force” including Code Enforcement, Business Registration/Licensing, Police Department and Public Works
•Working on a comprehensive strategy
•Evaluating staffing needs
•May require additional capital outlay
•“No Parking/No Stopping Signs or Red Curb” may be installed to address public safety concerns.
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QUESTIONS?
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