HomeMy WebLinkAboutORD 03 (2023)ORDINANCE NO. 03 (2023)
AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING THE PROVISIONS OF THE DIAMOND BAR CITY CODE
RELATED TO PEDDLING AND STREET VENDING TO FURTHER
IMPLEMENT SB 946 (2018), SB 972 (2022), AND SAFEGUARD
COMPLIANCE WITH THE AMERICANS WITH DISABILITY ACT
WHEREAS, in 2018 the State Legislature adopted Senate Bill 946, Government
Code sections 51036 et seq. (SB 946), establishing permissible regulations that may be
imposed by cities upon sidewalk vendors; and
WHEREAS, the City adopted Ordinance No. 01 (2019) establishing regulations
applicable to sidewalk vendors in compliance with SB 946; and
WHEREAS, in 2022 the State Legislature adopted Senate Bill 972 amending the
California Retail Food Code and adding Chapter 11.7 to Part 7 of Division 104 of the Health
and Safety Code, Sections 114368 et seq. (SB 972). SB 972 establishes regulations for
compact mobile food operations relating to food preparation and sales by sidewalk vendors
and other mobile food vendors, which streamlines the permitting processes for sidewalk
vendors to obtain health permits and imposes additional limitations over the regulation of
sidewalk vendors by the City and the County Health Department; and
WHEREAS, the City Council further declares that the regulations enacted by this
ordinance, including, but not limited to those governing minimum sidewalk widths, sidewalk
vending receptacle sizes, distance requirements, and food and merchandise storage, are
intended and necessary to safeguard health, safety, and welfare concerns, including
compliance with the federal Americans with Disabilities Act of 1990 (41 U.S.C. § 12131, et
seq.) and other disability access standards; and
WHEREAS, in adopting this ordinance the City Council finds that it is in substantial
compliance with SB 946 and SB 972 and its provisions are directly related to objective
health, safety and welfare concerns.
NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as
follows;
Section 1. Section 5.08.090 of the Diamond Bar City Code, entitled "Peddling —
Solicitation" is hereby amended in its entirety to read as follows:
Sec. 5.08.090. Peddling —Solicitation.
(a) Definitions:
(1) Commercial shall mean and include the sale of goods, wares or
merchandise for profit, whether or not a profit is made, and not for any
charitable purpose.
Ordinance No. 03 (2023)
(2) Hawking shall mean advertising, promoting or soliciting customers for
the sale of any goods, wares or merchandise, whether or not a sale
takes place.
(3) Peddle and peddling shall mean hawking or selling any goods, wares
or merchandise, including liquids or edibles for human consumption,
by traveling or going by any means of locomotion whatsoever from
house to house or business to business.
(4) Solicitation shall mean the request, directly or indirectly, of money,
credit, property, financial assistance or other things of value for the
commercial or retail sale of goods, wares or merchandise by taking an
order for delivery and promising later delivery of such goods, wares or
merchandise. Individuals engaged in commercial solicitation for future
delivery solely as an incident to engaging in a business otherwise
licensed under this chapter and for which the employer has a current,
valid license shall not be deemed to be engaged in the business of
commercial solicitation.
(b) License fee waivers. Veterans, as defined by Business and Professions
Code §§ 16001 and 16001.5, shall not be required to pay a license fee to
hawk, peddle or sell goods, wares or merchandise owned by them, except
alcoholic beverages.
(c) Identification requirements. All licensed peddlers and solicitors licensed
pursuant to this chapter shall carry an original business license, along with
picture identification, at all times when peddling.
(d) Operating requirements.
(1) No person shall engage in peddling or solicitation in any area of the
city which is zoned for residential uses under this Code between the
hours of 8:00 p.m. and 9:00 a.m.
(2) No person shall affix any object to another person, onto private
propertyI or public property without first receiving express permission
from such person or the owner of the property.
(3) No peddler shall continue to engage in peddling or solicitation directed
at another person, if such person informs the peddler of his or her
desire not to be subject to peddling or solicitation.
Section 2. Section 5.08.095 is hereby added to Chapter 5.08 of Title 5 of the
Diamond Bar City Code to read as follows:
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Sec. 5.08.095, Street Vending.
(a) Definitions:
(1) Certified farmers' 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.
(2) Food means any type of edible substance or beverage intended
primarily for consumption by human beings.
(3) Merchandise means small and easily carried or worn items that are
not food, including, but not limited to, souvenirs, toys, articles of
clothing, flowers, etc.
(4) Public right-of-way means the area dedicated to public use for street
or pedestrian purposes, including privately owned and maintained
roads within the city that are generally held open to the public for
purposes of vehicular and pedestrian traffic and includes alleys,
driveways, highways, medians, parkways, planter strips, roads,
sidewalks, and streets.
(5) Roaming sidewalk vendor means a sidewalk vendor who moves from
place to place and stops only to complete a transaction.
(6) School means any public or private educational institution which is run
by the state or a subdivision thereof or which is licensed by the state
to offer pre-school, elementary or secondary academic instruction,
including kindergartens, elementary schools, middle or junior high
schools, and high schools.
(7) Sidewalk means that portion of the public right-of-way provided for the
primary use of pedestrians along or adjacent to the street, including a
public pathway provided for the primary use of pedestrians.
(8) Sidewalk vending receptacle means a pushcart, stand, display,
wagon, showcase, pedal -driven cart, rack, or other nonmotorized
conveyance used for sidewalk vending activities.
(9) Sidewalk vendor means a person who sells food or merchandise from
a sidewalk vending receptacle, or from one's person, upon a sidewalk
or other pedestrian path. This definition includes "roaming sidewalk
vendor" and "stationary sidewalk vendor."
(10) Stationary sidewalk vendor means a sidewalk vendor who vends from
a fixed location.
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Ordinance No. 03 (2023)
(11) 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.
(12) Vend, vends, or vending means to sell, offer for sale, expose or display
for sale, solicit offers to purchase, or to barter 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.
(b) Vending of Food. No person shall sell food without first obtaining a health
permit as it may be required by Division 1 of Title 8 and Division 1 of Title 11
of the Los Angeles County Code, as it may be amended from time to time, or
subsequent applicable County regulations; and in compliance with Part 7
(commencing with Section 113700) of Division 104 of the Health and Safety
Code.
(c) Operating Requirements. The following operating requirements apply to all
sidewalk vendors conducting business in Diamond Bar, irrespective of the
date that any such person obtained a business license or began operating.
(1) A sidewalk vendor shall only operate on sidewalks and no other
portion of the public right-of-way.
(2) The City business license, Los Angeles County Department of Public
Health permit (if applicable), and California seller's permit shall be
displayed conspicuously at all times on the sidewalk vending
receptacle or the sidewalk vendor.
(3) All signage and advertising related to the sidewalk vendor shall be
stored either inside or affixed to the sidewalk vending receptacle.
Signage and advertising shall not be stored, placed, or kept on the
public right-of-way or any public property. If affixed to the sidewalk
vending receptacle, the overall space taken up by the sidewalk
vending receptacle shall not exceed the size requirements in this
section.
(4) Sidewalk vendors shall allow a law enforcement officer, code
enforcement officer, firefighter, health inspector, or other government
official charged with enforcing laws related to sidewalk vendor
activities, at any time, to inspect their sidewalk vending receptacles.
(5) No person shall engage in vending in any area of the City which is
zoned for residential uses under this Code between the hours of 8
p.m. and 9:00 a.m.
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(6) No sidewalk vendor shall willfully make, continue, or cause to be made
or continued, any loud, unnecessary, or unusual noise that disturbs
the peace or quiet of any neighborhood, or that causes discomfort or
annoyance to any person of normal sensitivities. No amplified sound
shall be used or permitted.
(7) Sidewalk vendors shall not uze tables or chairs. Outdoor dining
areas are not permitted in the course of sidewalk vending.
(8) No person shall affix any object to another person, or onto private
property without first receiving express permission from such person
or the owner of the property; and no object shall be affixed to any pole,
sign, tree or any public property.
(9) No person shall leave any sidewalk vending receptacle unattended.
(10) No person shall engage in vending upon any private property without
the express permission of the owner or the owner's agent.
(11) Sidewalk vendors shall operate in a clean and sanitary manner,
maintain a clean and trash -free ten (10) foot radius around his or her
sidewalk vending receptacle, be able to dispose of trash generated by
their business, and at all times be in compliance with all applicable
laws.
(12) Sidewalk vendors shall not operate within a City park during times
when the City park is hosting a City -sponsored event, including, but
not limited to such events as the City Birthday Party, Concerts &
Movies in the Park, 4th of July Blast, Winter Snow Fest, America
Recycles Day, Halloween Party/Barktoberfest, Easter Event, etc., or
any other event that has been granted a special event permit by the
City, during the duration of the event.
(13) All food and merchandise shall be stored either inside or affixed to the
sidewalk vending receptacle or carried by the sidewalk vendor. Food
and merchandise shall not be stored, placed, or kept on the public
right-of-way or any public property. If affixed to the sidewalk vending
receptacle, the overall space taken up by the sidewalk vending
receptacle shall not exceed the size requirements provided in this
section. Sidewalk vendors shall not set up, maintain, or permit the use
of any additional table, crate, carton, rack, shade apparatus or any
other device to increase the display capacity of their stand.
(14) Except as otherwise permitted under federal, state or local law or
regulation, sidewalk vending receptacles shall not exceed a total
height of four (4) feet, and a total combined width and length of sixteen
(16) square feet. Provided, however, that umbrellas may be used as
an attachment to the sidewalk vending receptacle and are allowed to
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exceed the total height of four (4) feet, but no higher than eight (8)
feet. The umbrella must also provide a minimum of seven (7) feet of
vertical clearance above the sidewalk finished grade.
(15) Auxiliary receptacles containing handwashing and warewashing sinks
in support of the sidewalk vending receptacle shall be prohibited
unless otherwise required in accordance with part 7 of Division 104 of
the California Health and Safety Code.
(16) If a sidewalk vending receptacle requires more than one (1) person to
conduct the sidewalk vending activity, all sidewalk vendors associated
with the sidewalk vending receptacle shall be within five (5) feet of the
sidewalk vending receptacle when conducting sidewalk vending
activities.
(17) Stationary sidewalk vending is prohibited in all residential areas.
(18) A roaming sidewalk vendor shall move from place to place and stop
only to complete a transaction.
(19) For public safety reasons, sidewalk vendors shall not engage in
vending at the following locations:
a. Where placement impedes the flow of pedestrian traffic by
reducing the clear space to less than four (4) feet or as necessary
to comply with the Americans with Disabilities Act. Sidewalk
vendors shall maintain a minimum four (4) foot clear accessible
path for pedestrian ingress and egress free from obstructions,
including the sidewalk vending receptacle and customer queuing
area.
b. Where placement impedes access to or the use of abutting
property, including, but not limited to, residences and places of
businesses. This requirement is intended to preserve emergency
access for the Police, Fire Department, or medical personnel.
c. Within twelve (12) inches of any curb face on all roads.
d. Within fifteen (15) feet of any entrance or exit to a building,
structure or facility.
e. Within the same block of another sidewalk vendor, defined as the
distance along both sides of a street from where one road crosses
it to the place where the next road crosses it.
f. Within one hundred (100) feet of a school, a place of worship, or a
child daycare facility.
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g. Within fifty (50) feet of the roadway of any freeway on -ramp or off -
ramp.
h. Within five (5) feet of a marked crosswalk.
Within twenty-five (25) feet of a:
Fire hydrant.
ii. Curb that has been designated as yellow or red zone, or
a bus zone.
iii. Driveway, alley, or street corner.
iv. Trash or recycling receptacles, bike racks, benches, bus
stops or similar public use items.
v. Public art object, item or display.
j. Within two hundred (200) feet of any public safety facility, including
without limitation, sheriff's stations, and fire stations.
(20) Businesses that operate on private property are not eligible to obtain
a sidewalk vendor business license, and are prohibited from
establishing franchises or similar arrangements with sidewalk
vendors, or otherwise circumvent the intent of this section.
(21) No more than one sidewalk vending receptacle is permitted per
licensed location.
(22) No sidewalk vendor shall operate in areas located within five hundred
(500) feet of a permitted certed farmers' market or a permitted swap
meet, including nearby parking lots used to accommodate the event,
during the limited operating hours of that certified farmers' market or
swap meet.
(d) Additional Application Requirements for Sidewalk Vendors. In addition to the
application requirements listed in Section 5.00.040(c), applications for a
business license for sidewalk vendors shall include the following
information:
(1) The name, address, and telephone number of the person applying to
become a sidewalk vendor.
(2) The California driver's license or identification number, individual
taxpayer identification number, or municipal identification number
(which 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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Ordinance No. 03 (2023)
(3) The name, address, and telephone number of the person who will be
in charge of any roaming sidewalk vendors, sidewalk vending activity
and/or be responsible for the person(s) working at the sidewalk
vending receptacle.
(4) The name, address, and telephone number of all persons that will be
employed as roaming sidewalk vendors or at a sidewalk vending
receptacle.
(5) The number of sidewalk vending receptacles the licensee will operate
within the City under the business license.
(6) Whether the vendor intends to operate as a stationary sidewalk
vendor or a roaming sidewalk vendor.
(7) The days) and hours of operation the stationary sidewalk vendor
intends to operate at such location(s).
(8) The locations) in the City where the stationary sidewalk vendor
intends to operate.
(9) The dimensions of each sidewalk vending receptacle operating under
the business license.
(10) A photograph of each sidewalk vending receptacle operating under
the business license.
(11) Whether the sidewalk vendor will be selling food, merchandise, or
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(12) If the sidewalk vendor is selling food, a description of the type of food
to be sold, whether such foods are prepared on site, and whether the
vendor requires a heating element to prepare the food.
(13) If the vendor is selling merchandise, a description of the merchandise
to be sold.
(14) If required by the Los Angeles County Department of Public Health, a
copy of the health permit required for any sidewalk vendors selling
food, in accordance with Part 7 of Division 104 of the California Health
and Safety Code.
(15) Proof of his or her possession of a valid California Department of Tax
and Fee Administration seller's permit, which shall be maintained
during the term of the sidewalk vendor's business license.
(16) An acknowledgment that the sidewalk vendor will comply with all other
generally applicable local, state, and federal laws.
Ordinance No. 03 (2023)
(17) A certification that, that to his or her knowledge and belief, the
information contained within the application is true and correct.
(18) An agreement by the sidewalk vendor to defend, indemnify, release
and hold harmless the City, its City Council, boards, commissions,
officers and employees from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorneys' fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to the permit or the vendor's
sidewalk vending activities. This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such
claim, action, or proceeding whether incurred by the permittee, City,
and/or the parties initiating or bringing such proceeding.
(19) A copy of a general liability insurance policy in the amount of one
million dollars ($1,000,000), naming the City as additional insured
party.
(e) Violations and Penalties: Subject to sections 1.04.030 through 1.04.190 of
this Code, a person found in violation of this section shall be subject to the
following:
(1) Operating without a valid business license:
a. An administrative fine not exceeding $250.00 for a first
violation.
b. An administrative fine not exceeding $500.00 for a second
violation wn one year of the first violation.
c. An administrative fine not exceeding $1,000.00 for each
additional violation within one year of the first violation.
d. The administrative fines listed in this subsection may be
reduced from $250.00 to $100.00, $500.00 to $200.00, and
$1,000.00 to $500.00 upon submission of proof of a business
license before such fines are due.
(2) Operating as a sidewalk vendor in violation of this section, other than
the failure to possess a valid business license:
a. An administrative fine not exceeding $100.00 for a first
violation.
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Ordinance No. 03 (2023)
b. An administrative fine not exceeding $200.00 for a second
violation within one year of the first violation.
c. An administrative fine not exceeding $500.00 for each
additional violation within one year of the first violation.
d. The Director, or designee, may rescind a sidewalk business
license issued to a sidewalk vendor for the term of that permit
upon the fourth violation or subsequent violations.
e. A sidewalk vendor may contest an administrative fine or the
rescission of a business license pursuant to the provisions set
forth in sections 1.04.030 through 1.04.190 of this Code.
f. A sidewalk vendor who has been issued an administrative fine
under this chapter may request a determination of his or her
ability to pay the administrative fine pursuant to the provisions
of Government Code Section 51039(f). If the sidewalk vendor
shows proof to the satisfaction of the hearing officer (if the
request is made at the time of an administrative appeal
hearing), or the Director or his or her designee (if the request is
made at any other time), that he or she meets the criteria set
forth in Government Code Section 68632, subsections (a) or
(b), the fine amount shall be reduced to 20% of the original fine
amount.
(3) In addition to the penalties above, violations of Part 7 of Division 104
of the Health and Safety Code shall be subject to the following
penalties:
a. A notice of violation detailing the violation, including the
applicable provision of Part 7 of Division 104 of the Health and
Safety code.
b. An administrative fine not exceeding $100.00 for a second
violation within one year of the first violation.
c. An administrative fine not exceeding $200.00 for a third
violation within one year of the first violation.
d. An administrative fine not exceeding $500.00 for each
additional violation within one year of the first violation.
(4) A violation of this section shall not be punishable as an infraction or
misdemeanor. No person alleged to have violated the provisions
herein shall be subject to arrest except when otherwise permitted by
law.
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Ordinance No. 03 (2023)
(5) Violations of the regulations of this section not specifically applicable
to sidewalk vending and sidewalk vendors, and Section 51039 of the
Government Code shall be subject to criminal or civil enforcement
pursuant to Chapters 1.04 of this Code, in addition to any other
applicable penalties or remedies prescribed by law.
Section 3. If a specific provision of this Ordinance is or becomes illegal, invalid
or unenforceable, that shall not affect the validity or enforceability of any other provisions
or requirements.
Section 4. The adoption of this Ordinance is not a project within the meaning of
the California Environmental Quality Act in that it will not cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment.
Section 5. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published once within
fifteen (15) days after this Ordinance is passed and adopted in a newspaper of general
circulation, published and circulated in the City of Diamond Bar and shall post a certified
copy of this Ordinance, together with the vote for and against the same, in the Office of the
City Clerk.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Diamond Bar on this 15," day of August, 2023
CITY OF DIAMOND BAR
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ii JA
Chou, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City of
Diamond Bar held on the 1st day of August, 2023 and was finally passed at a regular
meeting of the City Council of the City of Diamond Bar held on the 15t" day of August, 2023
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Low, Teng, Tye, MPT/Liu
None
M/Chou
None
Kristina Santana, City Clerk
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