SR-11-A (27)
C/ED:SF:Dez
Council Mtg:
Santa Monica,
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Af'R 1 1 1989
California
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April 1J, 1989
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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
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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 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
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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
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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 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
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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 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
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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 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
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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
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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
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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.
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(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.
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(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.
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The
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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,
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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
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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.
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(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
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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
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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.
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(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
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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
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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:
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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.
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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
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