SR-11-A (25)
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APR 1 8 1989V'R 1 1 1983'
Santa Monica, California
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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
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(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
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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
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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
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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
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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
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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
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