File #: 21-2652    Name:
Type: Discussion Items Status: Agenda Ready
File created: 6/9/2021 In control: City Council
On agenda: 6/15/2021 Final action:
Title: DISCUSSION AND POSSIBLE ACTION ON POTENTIAL REDONDO BEACH MUNICIPAL CODE AMENDMENTS TO REGULATE SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946
Attachments: 1. Administrative Report, 2. Bill Text SB-946, 3. SB-946 (Lara) Sidewalk Vending Brief, 4. RBMC Title 4 Chapter 15, 5. RBMC Chapter 3 Article 7 Chapter 20, 6. RBMC Section 12-1.501, 7. RBMC Section 12-1.503, 8. City of Torrance Regulations, 9. City of Hermosa Beach Regulations, 10. City of Manhattan Beach Regulations, 11. City of Oceanside Regulations, 12. City of Glendale Regulations, 13. City of Glendale Hold Harmless Agreement
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To:                                                               MAYOR AND CITY COUNCIL

From:                                                               BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR

 

TITLE

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DISCUSSION AND POSSIBLE ACTION ON POTENTIAL REDONDO BEACH MUNICIPAL CODE AMENDMENTS TO REGULATE SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946

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EXECUTIVE SUMMARY

On January 1, 2019, Senate Bill 946, the “Safe Sidewalk Vending Act,” (hereinafter, “SB-946”) became effective, which largely decriminalized sidewalk vending.  If a local jurisdiction wishes to regulate sidewalk vending, it must adopt local sidewalk vending provisions that comply with SB-946.  It establishes the requirements for local regulation and prohibits all criminal penalties for sidewalk vending violations, enforcement must consist solely of escalating fines.

 

Current Redondo Beach Municipal Code sections relating to vending and soliciting are out of compliance with SB-946, and need to be amended. If the City Council wishes to regulate sidewalk vending, it must adopt regulations compliant with SB-946.  Exemplar ordinances from other cities are included with this administrative report in order to see how other cities have addressed this issue and to guide the discussion.

 

Lastly, amendments complying with SB-946 will be limited to sidewalk vendors using carts, and shall not apply to vending from a vehicle, such as food trucks.

 

BACKGROUND

Senate Bill 946, defines a sidewalk vendor as a person who sells food or merchandise on a sidewalk or pedestrian path.  The law controls the way that local jurisdictions may regulate sidewalk vending.  Such regulation must be based on specific, objective public health, safety, and welfare concerns.

 

Pursuant to SB-946, local jurisdictions can:

                     Limit hours of operation with specified parameters;

                     Prohibit stationary sidewalk vending in residential areas, however, roaming sidewalk vendors must be permitted to operate in those zones;

                     Prohibit sidewalk vending near farmers’ markets, swap meets, and temporary special permit areas, as well as in parks where the City has a concessionaire agreement;

                     Require compliance with sanitary conditions;

                     Require the vendor to obtain necessary approvals from other regulatory agencies (such as the Department of Health for food vendors), prove that they possess necessary licenses prior to issuing a local permit, as well as displaying such licenses/permits on their sidewalk vending receptacles;

                     Require vendors to comply with the Americans with Disability Act (for example, vendors cannot block curb ramps, they must leave a minimum of forty-eight inches (48”) of accessible route area);

                     Request certain information about the business’ operations (name, mailing address, type of sales);

                     Implement a local sidewalk vending licensing program, requiring a local license; and

                     Make violations subject to administrative fines.

 

Local jurisdictions cannot:

                     Require sidewalk vendors to operate in a specific area, unless the local authority is implementing such restrictions in order to protect the community’s health, safety, or welfare;

                     Require vendors to ask permission from businesses, non-governmental organizations or anyone besides the local jurisdiction;

                     Prohibit sidewalk vendors from operating in public parks, unless the park has a concessionaire agreement, or the park is restricting vending if:

o                     It is to protect the community’s health, safety, or welfare;

o                     Necessary to ensure the public’s use and enjoyment of natural resources

and recreational opportunities; or

o                     Necessary to prevent an undue concentration of commercial activity that

unreasonably interferes with the scenic and natural character of the park.

                     Restrict the total number of sidewalk vendors, unless the restriction is to protect the community’s health, safety, or welfare;

                     Make violations punishable by infraction or misdemeanor. Even failure to pay levied administrative fines cannot be criminalized.

 

All local sidewalk vendor regulations must be directly related to “objective health, safety or welfare concerns.” The City must demonstrate a rational basis for the regulation, and the regulations cannot be arbitrary. The recitals and purpose section of the ordinance amendment must clearly explain why the City is enacting the regulations.

 

Lastly, sidewalk vending violations cannot be punishable by misdemeanor or infraction.  As such, in order to enforce violations of local sidewalk vending provisions, the City would need to establish administrative fines for such violations.

 

Staff has attached ordinances from various municipalities, as well as the Redondo Beach Municipal Code sections which may need amending.  Staff requests that Council review the various provisions in order to specifically direct staff on how to amend our ordinances.

 

Any new ordinance will regulate sidewalk vendors only, and would not apply to vending on streets from a vehicle, such as a food truck.

 

 

COORDINATION

The legislation research has been coordinated with the City Attorney’s Office.

 

FISCAL IMPACT

Fiscal impact of a local sidewalk vendor licensing program will be assessed upon adoption of a resolution establishing the fee.


APPROVED BY:

Joe Hoefgen, City Manager

ATTACHMENTS

Bill Text SB-946

SB-946 (Lara) Sidewalk Vending Brief

RBMC Title 4 Chapter 15

RBMC Chapter 3 Article 7 Chapter 20

RBMC Section 12-1.501

RBMC Section 12-1.503

City of Torrance regulations

City of Hermosa Beach regulations

City of Manhattan Beach regulations

City of Oceanside Regulations

City of Glendale regulations

City of Glendale Hold Harmless Agreement