SUBJECT: ORDINANCE NO. 2357 ADDING SECTIONS 6439.3 THROUGH 6439.12
TO ARTICLE VI, CHAPTER 4, PART 3, DIVISION 9, OF THE ARCADIA
MUNICIPAL CODE, WITH AN EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”), IMPOSING REGULATIONS
ON SIDEWALK VENDING
Recommendation: Introduce
SUMMARY
In 2018, the California Legislature passed Senate Bill 946 (“SB 946”) , which prohibits
cities (both chartered and general law) from regulating both roaming and stationary
sidewalk vendors. Pursuant to SB 946, the Safe Sidewalk Vending Act encourages local
agencies to adopt additional requirements regulating the time, place, and manner of
sidewalk vending, as specified, if the requirements are directly related to health, safety,
or welfare concerns, and that do not restrict sidewalk vendors to operate only in a
designated neighborhood or area. In addition, SB 946 requires sidewalk vendors to
obtain from the local authority a permit or a valid business license for sidewalk vending.
Ordinance No. 2357 has been prepared to meet the requirements of SB 946 while
retaining local control to the extent feasible. If the Ordinance is not adopted, the City will
be forced to implement SB 946 without any local amendments. It is recommended that
the City Council introduce Ordinance No. 2357 (refer to Attachment No.1).
BACKGROUND
Governor Brown approved Senate Bill 946 on September 17, 2018, to regulate street
vending practices. The new law modified the ability of local agencies to prohibit
sidewalk vendors, and requires all local agencies to adopt a new or revised sidewalk
vendor ordinance. This law will become effective on January 1, 2019 – refer to
Attachment No. 2.
Ordinance No. 2357 – Sidewalk Vending
December 18, 2018
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In part, SB 946 was introduced into law to treat vendors as viable contributors to local
economies, rather than as illegal uses. The statute defines “sidewalk vendors” as
“persons who sell food or merchandise from a pushcart, stand, display, pedal -driven
cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person,
upon a public sidewalk or other pedestrian path.” Many cities, including Arcadia, do not
have licensing systems in place for street vendors. That means street vendors are fairly
free and clear to function under this new legislation until a licensing system is in place.
As a result of this bill, the street vendor licensing system must adhere to the following:
1. California cities cannot ban vending in parks.
2. Cities cannot determine where vendors can operate unless there is a health,
safety, or welfare concern.
3. Street vendors are no longer required to ask permission from adjacent
businesses to operate.
SB 946 also does not allow local agencies to:
1. Require a sidewalk vendor to operate within specific parts of the public right-ofway, except when directly related to “objective health, safety, or welfare
concerns.”
2. Require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before the vendor can sell food or merchandise.
3. Restrict sidewalk vendors to operate only in a designated neighborhood or area,
except when the restriction is directly related to objective health, safety, or
welfare concerns; however, stationary vendors (as opposed to roaming sidewalk
vendors) may be prohibited in exclusively residential zones.
4. Restrict the overall number of sidewalk vendors permitted to operate within the
local authority’s jurisdiction, unless the restriction is directly related to objective
health, safety, or welfare concerns.
On the other hand, a local agency may adopt requirements regulating the time, place,
and manner of sidewalk vending, including but not limited to, any of the following:
Limitations on hours of operation (so as long as they are not unduly restrictive);
Requirements to maintain sanitary conditions;
Requirements necessary to ensure compliance with the federal Americans with
Disabilities Act (ADA) and other disability access standards;
Requiring the sidewalk vendor to obtain a permit for sidewalk vending and a valid
business license;
Ordinance No. 2357 – Sidewalk Vending
December 18, 2018
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Requiring the sidewalk vendor to possess a valid California Department of Tax
and Fee Administration seller’s permit;
Prohibiting stationary sidewalk vendors in areas zoned for only residential uses;
Requiring compliance with other generally applicable laws; and/or
Requiring a sidewalk vendor to submit certain information on their operations.
The statute separately addresses regulation of sidewalk vending in parks owned and
operated by a local authority. Specifically, the City may not:
Prohibit a sidewalk vendor from selling food or merchandise in a park owned or
operated by the local authority; however, stationary sidewalk vendors (as
opposed to roaming sidewalk vendors) may be prohibited from vending in the
park if the operator of the park has signed an agreement for concessions that
exclusively permits the sale of food or merchandise by the concessionaire.
With respect to farmers’ markets and swap meets, the City may not:
Prohibit sidewalk vendors in areas located within the immediate vicinity of a
permitted certified farmers’ market or a permitted swap meet during the limited
operating hours of that certified farmers’ market or swap meet.
Finally, SB 946 states that a local authority may restrict or prohibit sidewalk vendors
within the immediate vicinity of an area designated for a temporary special event .
DISCUSSION
A local authority is not required to adopt a new program to regulate sidewalk vendors if
the local authority has established an existing program that substantially complies with
the provisions of the bill. However, if a local authority does not adopt a program to
regulate sidewalk vending that complies with the statute, the local authority may not
cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is
inconsistent with the statute. The City currently does not have an ordinance that
regulates sidewalk vendors; therefore, Ordinance No. 2357 is proposed to add new
regulations for both roaming and stationary sidewalk vendors that are consistent with
State law in that they regulate the time, place, and manner of this u se.
The following summarizes the proposed changes to the Municipal Code:
New requirements for stationary sidewalk vending include:
1. The sidewalk vendor shall obtain a City business license.
2. Shall be prohibited from operating or establishing in any residential zone of the
City. Stationary sidewalk vendors may operate in non-residential zones of the
City, including mixed use zones.
Ordinance No. 2357 – Sidewalk Vending
December 18, 2018
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3. Must provide a minimum of thirty-six inches (36”) of accessible path of travel,
without obstruction, along the public sidewalk or public pathway.
4. Sidewalk vending hours may only be conducted between the hours of 7:00 AM
and 10:00 PM, every day.
5. Shall maintain a clean, orderly, and sanitary condition; and remove litter caused
by its products from any public and private property within a 25-foot radius of the
sidewalk vendor’s location.
6. The sidewalk vendor location may not block entrances to private buildings,
private driveways, parking spaces or building windows.
7. 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.
New requirements for roaming sidewalk vending are:
1. The sidewalk vendor shall obtain a City business license.
2. Sidewalk vending hours for residential zones shall be conducted between the
hours of 7:00 AM and 7:00 PM, every day.
3. Sidewalk vending hours for non-residential zones shall be conducted between
the hours of 7:00 AM and 10:00 PM, every day.
4. The sidewalk vendor maintains their temporary vending area in a clean, orderly,
and sanitary condition.
5. The sidewalk vendor does not block entrances to buildings, driveways, parking
spaces, or building windows.
The Police Department and Recreation and Community Services Departments have
reviewed the draft Ordinance and the proposed draft includes their input.
ENVIRONMENTAL ANALYSIS
This Ordinance is exempt from the requirements of the California Environmental Quality
Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no
potential to result in a direct or reasonably foreseeable indirect physical change to the
environment under Title 14 of the California Code of Regulations, Section 15378(a).
Further, this Ordinance is exempt from CEQA as there is no possibility that this
Ordinance or its implementation would have a significant negative effect on the
Ordinance No. 2357 – Sidewalk Vending
December 18, 2018
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environment under Title 14 California Code Regulations, Section15061(b)(3) – refer to
Attachment No. 3.
FISCAL IMPACT
The new fee for a sidewalk vendor permit is $145.00, which will be reflected as a new
fee rate for Fiscal Year 2018-19. This will be a part of the updated Fee Resolution that
will be placed on an upcoming City Council agenda. It is anticipated that the City may
receive an estimated five to ten applications per year.
RECOMMENDATION
It is recommended that the City Council introduce Ordinance No. 2357 adding Sections
6439.3 through 6439.12 to Article VI, Chapter 4, Part 3, Division 9 of the Arcadia
Municipal Code, with an exemption under the California Environmental Quality Act
(“CEQA”), imposing regulations on sidewalk vending.
Attachment No. 1: Ordinance No. 2357
Attachment No. 2: Senate Bill 946
Attachment No. 3: Preliminary Exemption Assessment
