Loading...
SR-11-A (25) f\ e 2C~--O/9 , '-A APR 1 8 1989V'R 1 1 1983' Santa Monica, California e CjED:SF:Dez Council Mtg: April 1], 1989 TO: Mayor and City council FROM: City staff SUBJECT: Proposed Vel ding Program for the City of Santa Monica. INTRODUCTION This report provides ~ program to permit outdoor vending in the ci ty of Santa Monica. Staff recommends that the city Council direct the City Attorney to revise the previous ordinance proposed, according to the modifications suggested by staff, and direct the city Attorney to return with a revised Ordinance for first reading. BACKGROUND On May 10, 1988 after- reviewing the ordinance proposed by the City Attorney, the (ity Council directed staff to develop a vending program in the downtown, and in conjunction with the Parks and Recreation !'ommission, study the concept of vending in Palisades Park and ot~er active recreation parks within the City. After receiving input from the Recreation and Parks Commission, the Bayside District corporation, representatives from the City Attorney's Office, Ri creation and Parks, the Pier staff, the Chamber of Commerce Cultural and Recreation Services and Community and Econom.~c Development, staff determined that the ordinance prepared l,y the city Attorney on May 10, 1988 #fR 1 8 19 - 1 - f' e e (Attachment A) would accomplish the Council objectives provided specific changes were made. As part of the review process, staff identified several potential problems associated with vending in the City. Due to legal constraints! the city is prevented from reviewing or regulating the type or quality of retail merchandise sold by a vendor. The city does not have tha ability to evaluate vendors to determine if the merchandise to be sold is appropriate for a specific location. In addition, the City may not establ ish a selection criteria for vendors. Vendors will be selected on a first come first serve basis or through a random drawing process. Therefore vendors may sell any type of merchandise in the given locations. other issues identif:.ed include enforcement of the locational criteria, litter! and vendor disputes. Currently pier staff dedicate a substantia. amount of time to facilitating vending on the Pier. Should a vending program be established in the downtown, existing staff resouces will be devoted to managing the vendors and enforcing the ordinance provisions if vending is to be successful and compatible with other merchants in the area. sould the council decide to pursue vending in the downtown, the following program is lecommended. PROPOSED PROGRAM The Ordinance as ~roposed contains sufficient performance standards to ensure tlat vendors do not interfere with pedestrian or vehicular activity. Any individual may vend within the designated areas provided the applicant obtains a vendor permit - 2 - ~ ' e e issued by the Chief ot Police. A vendor permit will be effective for a period of one year and, upon expiration, the applicant may apply again in the same manner as the original application. The vendor permit is for individuals only and cannot be assigned or transferred to any ot~er individual or employee. To respond to the Council's request to permit vending in the downtown, vending wiLl be permitted at six fixed locations. These locations consi~t of: The northwe~t side of Fifth street at Arizona Avenue. The northeast side of sixth street at Santa Monica Boulevard. The northwest side of Fourth street at Arizona Avenue. The northeast side of Fourth street at Arizona Avenue. The northwe<3t side of Fourth street at Santa Monica Boulevard. The northwest side of Fourth street at Broadway. These locations are within the Downtown Business District where substantial pedestrian traffic occurs to support the vending activity. In keeping with the objectives of the Land Use Element, the downtown is the primary area in the City where both daytime and evening street activities are encouraged. The Downtown Commercial District supports retail, service, and a variety of office uses which generate pedestrian traffic. The area typically has wi~er sidewalks than most commercial streets, and can physically accommodate street vending. The program as proposed would add t~ the active pedestrian climate planned for the Downtown comrnercicl District. The existing vending program on - 3 - e e the Promenade would net be altered as a result of this ordinance with the exception of adding performance vending to the permitted activities on the Promenade. Specific performance standards contained in the ordinance will regulate the operational aspects of vending acti vi ty . Vending may not occur within 10 feet of any business entrance, bus stop, or street corner. To ensure that pedestrians have adequate space, an area of at least 4 feet wide must be kept clear on the sidewalk. All vendors are required to keep the area around them free and clear of litter, and vendors with pushcarts are required to provide a trash container on the cart. To maintain existing noise levels, vendors are not permitted to use any electronic device to attract attention or be so loud as to be heard inside the premises of an adjacent building or structure while the entrance door to the premises is closed. Vending permits will be issued on a yearly basis. All individuals interested in obtained a vending permit will be required to submit a business license application by a specific date. The licensing Division will then conduct a random drawing for each fixed location. Once the drawing has occurred, and a vendor has been selected, the applicant must apply for a vending permit from the Chief of Police. The program as proposed will be effective for a one year trial period. At the end of one year, the City Council will have the opportunity to evalua~e the program and determine if the program - 4 - e e should continue or if changes should be made. During this period complaints and violations will be monitored by community and Economic Development staff and submitted to the Council at the conclusion of the one year period. The Police Department will be responsible for issuance of the vending permits and enforcement of the regulations contained in the Ordinance. A violation of the Ordinance will be enforced in the same manner as other sections in the Municipal Code. In addition, if the applicant does not not comply with the provisions of the Ordinance the vending permit may be revoked. Performance Vending section 6288 of th~ proposed ordinance exempts performance vending from the provisions of the ordinance provided the performer does not charge a fee. The lccational standards, such as minimum distances from doorways, street corners, ete. will apply to all performance vendors. In the event a performance vendor charges a fee, the applicant would be required to obtain a vendor permit in the same manner as the retail vendors. Park Vending On August 18, 1988 the Recreation and Parks Commission considered a request by staff to evaluate the City's current vending practices and staff recommendations for changes. Following Commission discussion, a motion was made to advise the City Council that the Comr:.dssion recommends that vending activities not be permitted in the city t sParks. On a 3 to 3 vote the - 5 - e e motion failed due to a lack of majority for either approval or denial. A variety of potential problems associated with vending in the public parks were identified. The problems include litter and debris generated by vendors and their customers being discarded within the park, and the utilization of the city's scarce active and passive recreatio~ areas for commercial activity. Based on these issues, staff recommends that vending be prohibited in the parks and be limited to commercial areas until such time as the Recreation and Parks Commission may develop and approve a vending program for the city's parks. proposed Ordinance Modifications To address the issues articulated by Council, staff recommends the fOllowing changes to the Ordinance: 1. Revise the areas where vending is vending to the six fixed locations permitted to limit identified in this report; 2. Modify Section 6289 (b) to prohibit vending in public parks; 3. Add a new Section requiring review of the proposed standards within one year of the effective date of approval. This would provide Council the opportunity to amend the ordinance to address any issues such as implementation or enforcement that may arise once the program is in cperation; 4. Add to Section 3611C performance ,'ending on the pedestrian - 6 - , e e mall; 5. Provide a random drawing for vending permits on a yearly basis; BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION Should the council decide to permit vending in the downtown, staff recommends that the Council direct the City Attorney to amend the Ordinance elated May 10, 1988 in accordance with the recommendations outli led in this report and set the matter for first reading and a public hearing. Attachments: A. May 5, 1988 Proposed Ordinance. B. May 5, 1988 City Attorney Staff Report C. Map of Proposed Vending Area D. Recreation and Parks Commission Minutes Prepared by: Peggy Curran, CIED Director Paul Berlant, Director of Planning Suzanne Frick, Principal Planner Planning Division Community and Economic Development Department SF:Dez PC/vending 3-13-89 - 7 -