Loading...
SR-11-A (27) C/ED:SF:Dez Council Mtg: Santa Monica, \ I-A Af'R 1 1 1989 California ~ , .-- . . J of3~OI9 ~- April 1J, 1989 2 0 Q ,- .J I <.) TO: Mayor and city council FROM: city staff SUBJECT: Proposed Vel ding Program for the city of Santa Monica. INTRODUCTION This report provides a 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 city Council directed staff to develop a vending program in the downtown, and in conjunction with the Parks and Recreation Commission, study the concept of vending in Palisades Park and other active recreation parks within the city. After receiving input from the Recreation and Parks Commission, the Bayside District Corporation, representatives from the City Attorney I s Office, R(~creation and Parks, the pier staff, the Chamber of Commerce, Cultural and Recreation Services and Community and Economic Development, staff determined that the ordinance prepared l.y the city Attorney on May 10, 1988 - 1 - L'I~P . . (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 the ability to evaluate vendors to determine if the merchandise to be sold is appropriate for a specific location. In addition, the City may not establish 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 identified include enforcement of the loeational 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 recommended. PROPOSED PROGRAM The Ordinance as proposed contains sufficient performance standards to ensure tl.at 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 - . . issued by the Chief of 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 r s request to permit vending in the downtown, vending will be permitted at six fixed locations. These locations consist of: The northwest 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 northwest 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 wider 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 Commercicl District. The existing vending program on - 3 - . . 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 activity. 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 evaluate the program and determine if the program - 4 - . . 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 the proposed ordinance exempts performance vending from the provisions of the ordinance provided the performer does not charge a fee. The locational standards, such as minimum distances from doorways, street corners, etc. 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 Commission recommends that vending activities not be permitted in the City's Parks. On a 3 to 3 vote the - 5 - . . 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 beinq 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 permitted to limit vending to the six fixed locations identified in this report; 2. Modify Section 6289 (b) to prohibit vending in public parks~ 3. Add a new section requirinq 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 operation: 4. Add to Section 3611C performance ~ending on the pedestrian - 6 - . . mall; 5. Provide a randum 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 dated 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, C/ED 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 - ~ e A1T1(,H r1a..rr A .e ')C7i---o/Ci CA:RMM:dld002/hpca city councll Meeting 5-10-88 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2C TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE, ADDING SECTION 3611C TO THE SANTA MONICA MUNICIPAL CODE, AMENDING SECTION 3316 OF THE SANTA MONICA MUNICIPAL CODE, AND REPEALING SECTIONS 3336, 3381, 4300, 5121, 6232, 6233A, 6233B, 6233C, and 62330 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO VENDING THE CITY COUNCIL OF ~~ CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2C is added to Article VI of the Santa Monica Municipal Code to read as follows: CHAPTER 2C. VENDING. SECTION 6281. Findinqs and Purpose. The Ci ty Council of the ci ty of Santa Monica finds an~declares as follows: (a) To protect the public health and safety and ensure safe pedestrian and motorist traffic, the city needs equitable, uniform vending regulations. (b) Unregulated vending, from pushcarts, motor vehicles, stands, or by persons, contributes to traffic congestion - 1 - . . and thereby impedes pedestrian and motorist traffic. (c) The unregulated use of congested streets and sidewalks by vendors may make the streets and walkways unsafe for motorists, pedestrians, and vendors. Cd) Controlled and constructive vending activity will improve the economic and aesthetic quality of life in the city of Santa Monica. (e) These regulations simultaneous- ly seek to tightly control and encourage vending activity. SECTION 6282. Definitions. For purposes of this Chapter, the following words or phrases shall have the following meanings: (a) Charge: To require someone to pay a fee before receiving goods or services, or observing a performance. Voluntary contributions such as passing around a hat or soliciting donations after a performance or service is received is not a charge. (ll) Food or Food Products: Any type of edible substance or beverage. - 2 - \ ~ . . (c) Goods or Merchandise: Any it~lll!C: that are not a food product. (d) Vend or Vendinq: To sell, offer for sale, or to barter food or goods in any public area from a stand, pushcart, motor vehicle, or by a person with or wi thout the use of any other device or other method of transportation. (e) Vendor: A person who vends. This includes a vendor who is an employee or agent of another. A person engaged in the business ot soliciting, canvassing, or taking orders is subject to the re~~lations in Article VI, Chapters 2 and 2B, and is not a "vendor." (f) Perfonner: An individual or group performing music, dance, drama, comedy, or creating certain tangible art objects, in a public area. (g) Perform: When used in connection with "Performer," "perform" means to play music, dance, act, or create any of the artistic activities identified in subsection ef) of this section. (h) Public Area: Any roadway, street, sidewalk, park, playqround, or any other public right of way. - 3 - . . (i) Pushcart: Any nonmatorized mobile device used in the sale, barter, or offer for sale of food products, qccds, or merchandise. (j) stand: Any nonmob.ile device used in the sale, barter, or f:Jt.:k.r for sale of food products I 9s::l~, or merchandise. (k) Vehicle: Any motol:::!:'!" ~ device used in the sale I barter, or C' - tor sale of food products, qc.;, or merchandise. SECTION 6283. Exemptic" provisions of this Chapter shall to: (a) Any approved partiei Farmerts Market. (b) Any approved partici~ CUltural Arts a~d Crafts Show (~- Section 6335). (c) Any vendor operati: to an approved license aqreen Pier. Cd) Any vendor operati' to an approved ~icense agree: pedestrian mall established I section 3611 of this Code. - 4 - The ~ply '. any _:..Ii any .~t to .:::::suant :s the :stant -:II the !. to . . SECTION 6284. Vendor Permit Required. (a) No person may vend in the city without first obtaining and having in his or her possession a vendor permi t issued in accordance with this Chapter. (b) To receive a vendor permit, a person must complete a vendor ,permit application on the form approved by the city and file it with the city. The applicant must provide the following information: (1) Applicant's full name. (2) Proof of applicant's identity. (3) A brief description of the type of food products or goods to be sold. This shall include the nature, character, and quality of the product. (4) The location where the applicant plans to vend. (5) If applicant is employed by another to vend, the name and business address of the employer. (6) If applicant will use a motor vehicle during his or her vending, a description of the vehicle, its registration nt_nllber, its license nmnher, - 5 - . ~ . . and the streets the applicant intends to use. (7) If applicant will use a pushcart or any other device, a description of the pushcart or device. (8) If applicant will vend food products, a valid Los Angeles County Department of Health permit and certification that he or she complies with all state and federal laws regarding food product vending. (c) No application for a vendor permi t or the renewal thereof shall be accepted unless the application is accompanied by a fee of $25.00 in the case of an original application and $10.00 in the case of a renewal application. SECTION 6285. Vendor Permit Issuance and Denial. (a) Upon receipt of a written application tor a vendor permit, the Chief of Police shall conduct an investiqation as it deems appropriate to determine whether a vendor permit should be approved. A vendor permit shall be approved, conditionally approved, or denied within thirty (30) days of the - 6 - . . filing of an application. The vendor permit shall be approved unless one of the following findings is made: (1) The applicant has knowingly :made a 1:alse, misleading, or fraudulent statement of fact to the city in the application process. (2) The application does not contain the information required by tl'1is Chapter. (3) The applicant has not satisfied the requirements of this Chapter. (b) The Chief of Police may condition the approval of any vendor pennit to ensure compliance with this Chapter and other applicable laws. (c) A vendor permit issued by the Chief of Police may be revoked pursuant to the provisions of Section 6123 of this Code. (d) upon approval or conditional approval of a vendor permit by the Chief of Police, it shall be submitted by the applicant to the Director of Finance who shall issue a business license upon payment of the license fee. The license fee shall be $25.00 per annum. - 7 - . . . . (e) A vendor permit issued hereunder shall be effective for the same period as the business license. Upon the expiration of the vendor permit, an application tor renewal thereof shall be filed in a like ~~nner as an application tor an original vendor penni t, and such renewal permit shall be approved'only when the requirements for the issuance of an original vendor permit are meet. (f) A vendor permit shall not be assignable or transferable. SECTION 6286. Appeals. Any decision of the Chief of Police under this Chapter denying an \ application, conditionally approving an application, or revoking a permit, may be appealed by an aggrieved applicant or permit holder. Any appeal must be taken within the time and manner set forth in Section 6126 of this Code. Upon an appeal, the decision of the Hearing Examiner shall be final except for judicial review and shall not be appealable to the City Council. SECTION 6288. Performers. (a) A performer who performs without charge shall not be required to - 8 - . . obtain a vendor permi t pursuant to this Chapter or a business license pursuant to Chapter 1 of Article VI of this Code. A performer who performs without charge shall be subject to the provisions set forth in subsections (a), (d), and (e) of Section 6289. (b) A performer who performs for a charge shall obtain a vendor permi t and shall be subject to all of the provisions of this Chapter. SECTION 6288. Vendor Location sites. No person issued a vendor permit pursuant to this Chapter shall vend 1n any location in the City except the fOllowinq areas: (a) Wilshire Boulevard sidewalks. (b) Santa Monica Boulevard side- walks. (e) Ocean Avenue sidewalks between Pico Boulevard and Wilshire Boulevard. Cd) Second street sidewalks between Colorado Avenue and Wilshire Boulevards. (e) Fourth street sidewalks between Colorado Avenue and Wilshire Boulevards. (t) Arizona Avenue sidewalks between Second Street and Fourth street - 9 - " . . only during the hours of any approved FarJller's Market. (q) In connection with vending from vehicles, such as catering or ice cream trucks, on any street designated in the vendor permit. SECTION 6289. Genera1 Requirements. (a) Location Restrictions. No person may vend or perform: (1) In anyone spot, or within 100 feet of that spot, for more than ten minutes in any three hour period. This subsection (a)(l) shall not apply to any person vendinq in the area set forth in section 628B(f). (2) Within four feet of any building, or within 10 feet of any business entrance. (3) Within 10 feet of any bus stop. (4) Within 10 feet of any street corner. (5) Within 35 feet of any other vendor. (6) On any sidewalk that is 8 ~eet wide or less, at least 4 feet of the sidewalk must be kept clear. - 10 - - ...... , . . . (7) In any manner that blocks or obstructs the free movement of pedestrians. (b) vending or Rentinq on Beaches Prohibited. All vending activity on the beaches is prohibited. No vendor permit shall be issued to any person for the vending of any food products, goods, or merchandise, or the renting of any types of goods, merchandise, or services on the beaches in the City of Santa Monica. (c) ~eceipts. Upon request by a buyer, a vendor shall give a receipt to the buyer. following: The receipt shall list the , (1) The vendor's name. (2) The vendor f s City permit n,_,m her. (3) The vendor's address or telephone nmllher. (4) The items sold. (5) The price of each item sold. (6) The total price of all items sold. Cd) Cleanup Responsibility. A vendor or a. performer shall keep his or her vending or performing area litter - 11 - . . . ~ . . free. He or she must remove litter caused by his or her products off of any public property and other private property. A vendor with a pushcart shall have a trash container in or on the cart. (e) Noise Limit. A vendor or performer shall not make excessive noise with his or her voice, a mechanical device, or an electronic device. (For example, a vendor or a performer, may not loudly shout out at possible buyers, may not use a bullhorn or a megaphone, and may not play a radio, tape player, or other electronic device at a loud volume.) A vendor or pe:::former shall be subj ect . to the provision~ of Chapter 3A of Article IV of this Code. In addition, no vendor or . perforroer Dhall be so loud as to be heard ins ide the premises of an adj acent building or structure while the entrance door to the premises is closed. (f) Pushcart Standards. A vendor's pushcart (or other device) shall be kept clean and in a safe condition when used on public property. The pushcart shall display the following: (1) The vendor's naJlle , business name, and Ci ty permit numher on - 12 - . ./ all vertical sides of the cart. The lettering shall be at least one inch high. A food vendor shall include his or her Los Angeles County Department of Health permit n'_''!l\her. (2) A photocopy of vendor's city permit on at least vertical sides of the cart. (g) compliance with Conditions. No person shall vend contrary to the terms of any conditions imposed in approving a vendor permit pursuant to this Chapter. the two SECTION 2. Section 3611C is added to the Santa Monica Municipal Code to read as follows: SECTION 361IC. Open-Air vending. Notwithstanding any other provision of this Code, open-air vending and similar retail activities may be conducted in areas approved by the city on the pedestrian mall established pursuant to Section 3611 of this Code. SECTION 3. se.ction 3376 of the Santa Monica Municipal. Code is amended to read as follows: - 1.3 - . 4. . . ~ . . SECTION 3376. Unlawful parkinq. (a) No person shall stand or park a vehicle upon any street for the purpose of displaying such vehicle for sale or offering for sale or selling such vehicle other than by means of sign. Any vehicle parked on any street in violation of this subsection may be removed from the street by any peace officer. (b) In the Rl One FaDlily Residential District and in the R2~ R2-R~ R3, and R4 Multiple Residential Districts, no person shall stand or park a vehicle upon any street for the purpose of displaying such a vehicle for sale by si~ or otherwise. Any vehicle par}:ed on any street in violation of this subsection may be removed from the street by any peace officer. SECTION 4. Sections 3336, 3381, 4300, 5121, 6232, 6233A, 6233B, 6233C, and 6233D of the Santa Monica Municipal Code are hereby repealed. SECTION 5. Any provision of the Santa Monica Municipal Code or appendiees thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. - 14 - . . SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is tor any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconsti tutional wi thout reqard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. The Mayor shall sign and t'.h~ City Clerk shall attest to the passage of this Ordinance. ~~e City Clerk shall cause the same to be published once in t1 - official newspaper within 15 days after its adoption. This C ~~e shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~k.~ ROBERT M. MYERS 0 City Attorney - 15 -