SR 04-09-2019 7C
City Council
Report
City Council Meeting: April 9, 2019
Agenda Item: 7.C
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To: Mayor and City Council
From: Rick Cole, City Manager, City Manager's Office, Administration
Subject: Comprehensive Sidewalk Vending Program and Emergency Ordinance
Recommended Action
Staff recommends that the City Council adopt an emergency ordinance updating
Chapters 6.16 and 6.36 of the City of Santa Monica Municipal Code to establish a
Comprehensive Sidewalk Vending Program, establish new definitions for sidewalk and
vehicle-based vending, establish permit criteria and operating requirements to protect
public health, safety, and welfare, enable City staff to issue administrative regulations
for vending, and make other related changes.
Executive Summary
Sidewalk vending throughout California is now subject to a new state law. In Santa
Monica, sidewalks and public paths of travel already play host to significant numbers of
pedestrians including residents and nearly 9 million annual visitors from all over the
world.
Santa Monica’s residents and visitors encompass a wide range of physical abilitie s and
may require paths of travel for wheelchairs or other mobility devices. Sidewalks
represent critical paths for Fire and Police first responders seeking to access
emergencies or move people out of danger. Sidewalks can also represent pathways to
economic opportunity for micro-entrepreneurs seeking to vend food and wares to
passing pedestrians and especially visitors—indeed, historians have observed evidence
of the phenomenon of street vending in ancient Greece, Pompeii, China, and
Mesoamerican cities.
To date, the City of Santa Monica has prohibited sidewalk vending in most locations
citywide with only limited exceptions. However, Senate Bill (SB) 946 —prompted, at
least in part, by a precarious federal enforcement landscape for immigrant workers —
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demands that the City revise its laws and regulations related to sidewalk vending, and
allow it to occur on most City sidewalks. The issue is not a straightforward one, as the
presence of vending activity in our most crowded and high -traffic public spaces can
place at risk public safety and health, potentially creating obstructions for pedestrians
and emergency access routes. Accordingly, staff is proposing a comprehensive rewrite
of the City’s Municipal Code chapter related to vending to create a balanced si dewalk
vending program that expands economic opportunity for those aspiring to vend lawfully,
while placing limited regulations on vending to protect public health and safety in the
community’s most densely crowded locations and preserve the scenic character and
recreational enjoyment of the City’s parks.
Background
On September 17, 2018, then-Governor Jerry Brown signed SB 946 (Attachment A),
which decriminalized street vending across the state of California. The stated intent of
the legislation is to create entrepreneurial and economic development opportunities for
immigrant and low-income communities; increase access to desired goods, such as
culturally significant food and merchandise; contribute to a safe and dynamic public
space; and promote the safety and welfare of the public by encouraging local authorities
to support and properly regulate sidewalk vending.
Sidewalk vending is defined by SB 946 as selling 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. The
law allows for both stationary (vending from a fixed location) and roaming (moving from
place to place and stopping only to complete a transaction) vending.
Under the law, cities are not permitted to require sidewalk vendors to operate within
specific parts of the public right-of-way, unless such a restriction is directly related to
objective health, safety, or welfare concerns. A city may adopt requirements imposing
certain regulations on the time, place, and manner of sidewalk vending, but may not
regulate on the basis of economic competition or perceived community animus.
Permissible areas of regulation include:
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Subject Description
Hours of Operation A city may limit hours of operation in commercial and
residential zones if such limits are not unduly restrictive
and are directly related to objective health, safety, or
welfare concerns. In commercial areas, hours of
operation cannot be more restrictive than other
businesses in the same vicinity.
Areas of Operation A city may restrict sidewalk vending in designated
neighborhoods or areas if such restrictions are directly
related to objective health, safety or welfare concerns. A
city may prohibit stationary (but not roaming) sidewalk
vendors in exclusively residential zones.
Number of Vendors A city cannot limit the overall number of vendors, unless
such a limit is directly related to objective health, safety,
or welfare concerns.
City Parks A city may prohibit stationary vending in a park where a
city has entered an exclusive concessionaire
agreement. A city may also regulate sidewalk vending in
a park if (i) the regulation is directly related to objective
health, safety, or welfare concerns, (ii) vending would
impede the public’s use and enjoyment of natural
resources and recreational opportunities, or (iii) the
regulation is necessary to prevent an undue
concentration of commercial activity that would
unreasonably interfere with the scenic and natural
character of a park.
Americans with Disabilities Act A city may adopt regulations to ensure compliance with
the Americans with Disabilities Act (ADA) and other
disability access standards.
State and Local Agency Permits A city may require a sidewalk vendor to obtain a permit
or local business license from the city and to possess
additional licenses or permits from other state or local
agencies to the extent required by law, such as a
California seller’s permit or a permit from the LA County
Department of Public Health for food.
History of Vending in Santa Monica
In September 1989, the City Council adopted Ordinance No. 1495 first regulating
sidewalk vending in the City of Santa Monica. It permitted sidewalk vending at six
specified locations in the Downtown area where vendors were selected by means of an
annual lottery. Under the Ordinance, vendors were defined as those under special
license agreement as part of the Promenade vendor cart program, under special license
agreement on the Pier, at these six specified downtown locations, or as mobile, vehicle-
based vendors. Sidewalk vending was prohibited in all other locations in the City.
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In October 1997, the City Council further regulated vending by requiring all persons
displaying any food, goods, written materials or merchandise in any public area, and
making such goods available to the public free of charge, to visibly display a City-issued
sign stating that all items displayed are available for free, with voluntary donations
accepted. Furthermore, the City Manager was authorized to make accommodations for
free-speech vending within the existing licensed vending cart programs or through other
similar means.
For over three decades, vending carts on the Santa Monica Pier and Third Street
Promenade have been an integral part of the visitor-serving commercial experience of
these two highly popular destinations. The vending cart programs were established by
the City to increase opportunities for entrepreneurs to establish small businesses in high
profile locations they otherwise would not have access to, as these micro -businesses
require a much smaller investment of capital in comparison with traditional storefronts.
The Third Street Promenade (TSP) cart program is operated under a Master Ca rt
License on behalf of the City. The Master Licensee is permitted to sublease up to 32
independent cart operators and provides vendors with high quality carts as well as daily
centralized management.
The cart program on the Santa Monica Pier consists of approximately 13 vendors with
individual license agreements directly with the City. Cart operators on the Pier are
responsible for providing their own carts that are compliant with the City’s aesthetics,
size and safety requirements. The limited number of carts available under the Pier’s
vending program is due to the space limitations and safety regulations on the Pier.
Specific cart locations were established by the Fire Chief to ensure carts would not
impede with access or egress from the Pier or block f ire hydrants, standpipes, and
firefighting equipment in the event of an emergency. Locations were also designated as
to not conflict with other functions and activities such as street performers who are
similarly required to operate from designated locations under the City’s public safety
authority to regulate time, place and manner.
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Both vending cart programs contain rules and regulations and include requirements to
maintain business licenses, commercial liability, workers compensation insurance, and
health department permits, if vending food.
Following the passage of SB 946, staff from the City Manager’s Office, Community and
Cultural Services, Planning and Community Development, the Police Department,
Finance Department, Housing and Economic Developmen t and the City Attorney’s
Office began meeting to assess the impacts of SB 946 and worked to craft a permitting
program that balanced expanding economic opportunity while protecting the public’s
health and safety.
Discussion
In developing a comprehensive ordinance to permit and regulate sidewalk vending in
Santa Monica, staff have sought to strike a balance among a number of different
objectives and priorities that are critical to the City. Above all, the recommended
approach places public safety as the highest priority—including protecting public health,
mitigating risks of fire and protecting emergency evacuation routes, minimizing
obstruction of access in the public right-of-way, and managing crowds at the City’s most
iconic and high-traffic public spaces. This aligns with the Council’s identified Framework
priority of Keeping Neighborhoods Safe and other aspects of the Safety outcome area
of the Council-adopted Framework that guides all of the City’s work.
Meanwhile, the recommended policy also reflects the notion that a safe, well-regulated
sidewalk vending program would represent an expansion of economic opportunity,
particularly for immigrant workers whose livelihoods have in some cases been imperiled
by federal immigration enforcement policies in recent years. This aspect of the policy
reflects the Economic Opportunity Framework outcome area, and its Inclusive Economy
and Business Diversity sub-outcomes. In addition, the Council named Equity and
Inclusion among core City values at its January 26, 201 9 retreat. Moreover, on February
28, 2017, the Council adopted a resolution on “Embracing Diversity [and] Rejecting
Hate and Discrimination” (Attachment B) underscoring the City’s firm commitment to
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protecting immigrant families in Santa Monica and affirming the economic, social, and
cultural contributions of residents of every national origin and immigration status.
In aiming to balance these factors, the sidewalk vending policy recommended by staff is
guided by five vital objectives. The ordinance and envisioned regulations are designed
to: (1) Be a reasonable exercise of the City’s charter city police powers while remaining
consistent with the requirements of SB 946; (2) Prioritize public health and safety; (3)
Protect the scenic and natural character of the City’s parks; (4) Expand economic
opportunity for those who aspire to vend lawfully and with appropriate permits in the
City; and (5) Be meaningfully enforceable.
Timing and Approach
Staff is submitting its recommendation as an emergency ordinance to address
immediate public safety and public health concerns, particularly those related to
ongoing unpermitted and unregulated vending activity occurring on and around the
Santa Monica Pier. Specifically, the deck and stairs abutting the northern side of the
Pier have become overcrowded with unpermitted vendors in recent months causing
significant access obstructions, while multiple fights having broken out among vendors
battling over turf there resulting in numerous arrests. Proceeding via emergency
ordinance would ensure that the new law and any associated regulations take effect
immediately, giving staff the ability to address vending-related safety concerns by
beginning implementation, installation of signage, and warnings against unlawful
activities right away, in advance of the start of the busy summer tourist season. At the
same time, this would also allow outreach and education to aspiring vendors to
immediately ramp up, opening the pathway for permitted and lawful vending in
compliance with the new law and regulations.
As further detailed below, the staff -recommended Emergency Ordinance articulates and
updates key definitions of stationary and roaming sidewalk vending, as well as mobile or
vehicle-based vending, in Santa Monica, lays out overall parameters and requirements
for vending, and sets forth prohibitions or restrictions for particular locations including
the Pier, beach, Third Street Promenade, and Palisades Park. Many detailed rules and
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regulations for vending, including permitting, design, operational, and general location
requirements, will be reserved for Administrative Regulations that will be issued by the
City Manager or his designee shortly after any Ordinance is adopted by Council. This
approach will provide staff flexibility to regularly refine the particulars of vending
regulations in response to health and safety concerns related to conditions on the
ground, seasonal variation in the volume of tourists and vending activity, and other
considerations that arise as the sidewalk vending program is implemented.
Location-Specific Regulations
Santa Monica Pier
The Santa Monica Pier is a 1,080-foot-long narrow, wooden pier extending over the
Santa Monica State Beach and Pacific Ocean with limited points of egress and ingress.
Indeed, there are no exits for the seaward 540 feet of the Pier’s length. Its roadway,
walking paths and fire lanes are heavily utilized by pedestrians, street performers, free
speech advocates, fishers, and licensed vending carts and kiosks. As an iconic and
historic destination, the Pier has always attracted large crowds; however, the number of
visitors to the Pier has grown exponentially following the arrival of the Expo light rail
station, and the Pier is heavily congested throughout the year at all hours of th e day and
evening. The Pier’s design is particularly unsuitable for vending operations outside of
the designated locations managed through the City-administered Vending Cart
Program. A single vendor selling wares or food from a non -designated location could
substantially impact the path of travel on the roadway or walking path on the Pier and
impede access or egress of pedestrian traffic and emergency personnel.
For years, despite ongoing enforcement efforts, unpermitted vending activities have
resulted in safety and health hazards on the Pier, including blockages of paths of travel;
obstruction of evacuation exits, staircases, staircase landings and ADA ramps; the use
of open flame on and adjacent to the wooden pier; and the sale of unhygienic and
adulterated food products (See photos provided as Attachment C). Other safety
concerns observed include threats and intimidation between the public and unpermitted
vendors, aggressive conduct directed towards public safety personnel, and fights
between vendors asserting claims over disputed turf. These hazards have resulted in
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injuries and illnesses from unsafe food handling, inhibited pedestrian movement, and
obstructed access, and the conditions reflect a particularly serious threat to public safety
in the event of an emergency and mass evacuation of the Pier.
Accordingly, staff recommends that the Ordinance prohibit vending on the Pier, Pier
Bridge, the beach immediately adjacent to or under the Pier, and within 100 feet of any
entrance or exit to the Pier or Pier Bridge including stairs, ramps, elevators, and plazas,
with the exception of locations designated and managed under a City licensed program.
Parks
Prior to SB 946 establishing statewide vending laws, all vending in Santa Monica parks
and at the Santa Monica State Beach had been prohibited since 1989, with the
exception of businesses with executed beach concessions agreements and instances
when vending was temporarily allowed with an approved community event permit.
Vending approved under a community events permit was restricted to the defined event
site and could not block pedestrian pathways. Event vendors were also required to
obtain a State Board of Equalization seller’s permit and Los Angeles County health
permit, as applicable.
Following the implementation of SB 946, staff recommends adjustments to regulations
for vending in City parks and at Santa Monica State Beach. Vendors would be required
to obtain all applicable city, county, and state licenses and permits; the size of vending
conveyances would be reasonably limited; and they would be responsible for disposing
of all waste resulting from their businesses’ operations and sales. Stationary vendors
would be prohibited from conducting business at any park with an exclusive
concessions agreement, during the hours that the City concessionaire is open for
business. Furthermore, certain types of vendors would be prohibited from designated
locations, including all vendors on bicycle and vehicular pathways and in parking lots. If
Council approves the proposed ordinance, Staff expects to promptly promulgate
administrative regulations to further limit vending within specified distances of buildings,
recreation centers, playground areas, athletic fields, permitted classes and events, and
public art, to ensure the public’s use and enjoyment of recreational facilities.
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Palisades Park: Staff recommends a prohibition on stationary vending in the area of
Palisades Park within 500 feet of the Ocean Avenue entrance point to the Pier Bridge,
to preserve the scenic and natural character of the park and to protect public safety.
Palisades Park, situated between the Pacific Ocean, the Pier Bridge, and the City’s
bustling downtown, is the crown jewel of the City’s park system and is its most heavily
utilized. The park is located on the west side of Ocean Avenue, extending one and a
half miles from Colorado Boulevard on the south to Adelaide Drive and Santa Monica
Canyon in the north. It sits along the edge of the bluffs overlooking the ocean, providing
spectacular views of the coastline. It stretches over 14 blocks with only one break, at
the California Incline, but is extremely narrow in width and consequently, the entire park
is only approximately 26.4 acres in size. Based on Palisades Park’s unique aesthetic
qualities, the City’s Local Coastal Program Land Use Plan requires that views to, from,
and along the Park be protected and the City’s Landmarks Commission designated
Palisades Park as a landmark in 2007.
Given the Park’s prime location and aesthetic appeal, it consistently experiences an
extraordinarily high level of activity, including, but not limited to, a high volume of park
patrons; running clubs; buses transporting passengers to the park, Pier, Beach, and the
Downtown; food trucks; and various street performers. As demonstrated in the photos
included in Attachment C, large crowds often congregate in this area of the park and
any additional activity—especially those for which people could be queueing in lines —
could result in hazardous conditions. During the busiest days of summer, staff have
observed spectators standing in the bike lane of Ocean Ave. to watch street performers,
while other people have been observed stepping off the sidewalk onto Colorado Ave. or
the Pier bridge in the path of oncoming vehicular traffic to bypass large groups of
pedestrians. A July 2017 traffic study observed more than 19,000 pedestrians and
bicyclists—or nearly 80 per minute—crossing the intersection at Ocean and Colorado
Avenue adjacent to Palisades Park and the Pier ramp in a four-hour period (1:00pm –
5:00pm), in addition to nearly 8,000 vehicle crossings. In addition, hundreds of tour bus
passengers are dropped off and picked up daily in the loading zones on Ocean Avenue
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immediately adjacent to the southernmost 500 feet of Palisades Park. Many of those
exiting the buses walk from the loading zones across the park to the Camera Obscura
building restrooms or to the Pier and beach. Accordingly, prohibiting stationary vending
in this limited portion of Palisades Park would protect public safety, allow emergency
personnel to manage the existing congestion at this bottleneck, and preserve the
park’s scenic and natural character, ensuring residents and visitors can continue
enjoying its inimitable views of the Pier, beach, and ocean.
Santa Monica State Beach: Santa Monica Beach is the most heavily used beach
in Los Angeles County, visited by 18 million people annually, and offers a wide variety
of free recreational activities including volleyball, swimming, surfing, and biking, as well
as the heavily used Muscle Beach, parks and playgrounds. County Lifeguards staff 23
towers along the beach and respond to emergencies in the water and on the beach.
Beach Maintenance, Police, and Fire all travel in vehicles on the beach as part of
regular maintenance and patrol functions. To minimize commercialization and disruption
of recreational activities, and to ensure necessary maintenance and public safety
access, staff recommends the Ordinance prohibit stationary vending on the beach.
Ocean Front Walk is heavily traveled by many of the 100,000 people who enjoy the
beach on a typical summer day, and its 1600 and 1700 blocks are commonly congested
with visitors attracted by the dining options, Muscle Beach, volleyball courts, Chess
Park, and public restrooms, and traveling to or from the Beach, Pier, parking lots, and
beachfront hotels. Ocean Front Walk is also frequently used by police and fire vehicles
when responding to emergencies. The 1600 block is within 100 feet from several
entrances to the Pier, and thus within the Pier buffer zone where staff is recommending
prohibiting all vending. Additionally, staff recommends that stationary vending be
prohibited from the 1700 block of Ocean Front Walk.
It should be noted that the State continues to prohibit all vending on all State owned and
operated beaches.
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Third Street Promenade and the Transit Mall: Much like the Pier, the Third Street
Promenade—a three-block long, mixed-use retail district, walled on both sides by
commercial structures with a center roadway closed to vehicles—is a popular
destination that attracts a high volume of visitors. The crowds on the Promenade are
unpredictable in size, and often huge. Counts undertaken by safety personnel have
documented crowds as large as 10,000 per block or more. The Promenade has an
abundance of streetscape improvements such as street furniture (benches, planters,
bike racks, trash cans), fountains, sculptures, wheelchair ramps, lights, trees and
landscaping, map cases, fire hydrants, bollards, outdoor dining areas and pavilions.
Additionally, there are numerous business entrances, vending carts established under
the City’s Master Cart License program, street performers and free speech advocates,
and special events and temporary public art installations. Likewise, the Transit Mall
sidewalks, which cross the Promenade, are relatively narrow spaces dotted with street
improvements and amenities that enhance the space but also limit the flow of
pedestrian traffic. These improvements include trees, transit shelters and arbors, light
standards, street furniture, trash receptacles and water fountains. The Transit Mall
sidewalks are bounded on one side by building walls and on the other by very busy
streets carrying an unusually high number of buses in addition to typical southern
California vehicle traffic. Stationary vending would impede the flow of pedestrian traffic,
inhibit emergency egress, and obstruct police and fire emergency access. Thus, staff
recommends prohibiting stationary vending within 25 feet of the Promenade and on the
Transit Mall, while allowing roaming vending subject to requirements set forth in the
Administrative Regulations.
Facilitating Opportunities for Permitted Vending
Staff is working on a number of fronts to ensure the creation of accessible pathways to
economic opportunity for sidewalk vendors who seek to comply with the City’s new
ordinance and regulations on vending, and obtain required City and county permits. To
ensure that pertinent information is accessible to all vendors, staff is creating a
dedicated website specific to vending in Santa Monica that will include application
details, links to applicable new and existing city ordinances, the forthcoming vending
administrative regulations, and Frequently Asked Questions. Additionally, the Finance
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Department will host a series of small pre-application workshops to assist vendors with
the new permitting process (discussed in greater detail below). These workshops will
help potential vendors navigate and complete the business license and vendor permit
application, and provide educational material about the administrative regulations.
Materials and assistance will be available in Spanish and English. Each workshop will
include a high level overview of the applicable regulations, application procedures and
an overview of the criteria that will be used to evaluate the applications.
In addition, staff intends to actively encourage and facilitate lawful vending to occur in
desirable and permissible locations that would be economically attractive to vendors, in
particular the Colorado Esplanade. Given its wide, accessible sidewalk, and its high
volume of pedestrian and tourist traffic traveling between the Expo Line terminus and
the Pier and beach, the south side of the Esplanade holds great potential as a
desirable, lucrative area for sidewalk vending without the safety and access concerns of
the Pier and its immediate surroundings. Staff will seek to direct permitted vendors to
the Esplanade and other areas without restrictions under the City’s ordinance, working
with stakeholders and partners to advance a vision of the Esplanade as a uniquely
dynamic, activated public space that could play host to a global vending “bazaar.”
Also, staff will continue working with the Los Angeles County Department of Public
Health (DPH) to solicit its partnership in lowering barriers to entry for the permitting of
food vendors while maintaining public health and public safety. Efforts under discussion
include the possibility of mobile inspection and permitting days, where DPH inspectors
could come to Santa Monica to inspect vendor applicants’ carts and supplies, and
potentially issue permits in the field, as well as work with cart manufacturers to expand
the options and price points of vending carts that can meet DPH requirements.
Enforcement
In compliance with SB 946, enforcement against pedestrian vendors operating on public
sidewalks, pedestrian paths, and within parks will generally be administrative in nature.
SB 946 allows for an administrative fine structure of up to $250 for the first offense, up
to $500 for the second offense and up to $1,000 for the third offense (within one year).
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If the Council adopts the proposed ordinance, staff intends to return to Council promptly,
likely through the FY2019-21 budget process, to recommend adoption of a specific
administrative fine schedule. Until such time, vending violations will be subject to the
City wide default fine of $75 for the first offense, $93.75 for the second offense, and
$112.5 for the third offense. SB 946 generally precludes the imposition of criminal
penalties against pedestrian vendors operating on public sidewalks, pedestrian paths,
and within parks. Upon passage of SB 946, the City Attorney’s Office proactively
dismissed pending criminal vending cases and ceased filing any such criminal cases.
Previous convictions are also eligible for dismissal.
In FY 2013-14 the Code Enforcement Division assumed primary enforcement
responsibility on the Pier and beach. Since then, the cost of one full-time Code
Enforcement Officer position is reimbursed annually from the Beach Fund for beach
related enforcement duties. The Pier/beach enforcement detail included two full-time
Code Enforcement Officers and one Lead Code Enforcement Officer. In approximately
May 2015, the Lead Code Enforcement Officer position was reassigned back to general
code enforcement duties while the two Code Enforcement Officers assigned to the
Pier/beach enforcement detail continued until May 2016. To satisfy the ongoing
obligation to provide primary enforcement duties on the beach, beach enforcement was
absorbed into Code Enforcement Area 6, where currently two Code Enforcement
Officers are assigned.
With the expansion of vending in response to SB946, enforcement has become more
challenging. Yet effective enforcement is crucial to the success of the new approach to
vending citywide. A new Vendor Enforcement Program could include a wide range of
options including citywide enforcement of roaming and street vendor regulations,
including the beach, Pier and Promenade, and food truck regulations. Because of the
extreme transitory nature of vending, enforcement could include any combination of the
following:
Verbal Warnings
Written Notice
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Administrative Citations
Confiscation of unlawfully vended items if authorized
Referral to SMPD for any related criminal activity, including but not limited to:
o Human Trafficking
o Organized Crime (RICO)
o Child Labor
Referral to Los Angeles County Wage Enforcement Task Force
Other enforcement opportunities that may not yet be identified
It is anticipated that vendor enforcement on the Pier will be crucial due to the appeal
and profitability of vending on and around the Pier. As such, staff intends to restore a
dedicated Code Enforcement detail at the Pier and Beach that would maintain primary
enforcement responsibility of the vending ordinance and regulations. This dedicated
Pier and Beach resource would also encompass enforcement of performer regulations
including the performer lottery process, along with Pedi-Cabs and surf and fitness
instructor enforcement. The Code Enforcement Division estimates that a minimum of
two Code Enforcement Officers will be needed for effective Pier and Beach
Enforcement. To accomplish this goal, the Code Enforcement Division is assessing
existing staffing resources, the redistribution of responsibilities, reallocation of
resources, and what trade-offs can be utilized to re-establish effective enforcement
presence at the Pier. The new Vendor Enforcement Program will also include options to
adjust enforcement levels as necessary depending on the day of week and time of day.
The Code Enforcement Division will conduct an evaluation of the appropriate
enforcement staffing levels to ensure staff safety and enforcement effectiveness.
Additionally, a component of the upcoming reorganization of the Santa Monica Police
Department (SMPD), under Chief Cynthia Renaud, includes the redirection of strategic
police resources to help manage the Santa Monica Pier and adjacent areas. This
strategy will incorporate both the Pier and its adjacent coastal areas into the focused
framework of SMPD’s Downtown Services Section (DSS). Since its development, DSS
has been working with local businesses and stakeholders towards a partnersh ip in
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public safety which is specific to the downtown area, Esplanade, and transit mall. In
supplementing the expansion and scope of DSS, a supervisory spot was created to
focus and direct police resources specific to the pier which will involve support to Code
Enforcement’s primary enforcement responsibility of the updated vending ordinance and
regulations. SMPD has already launched a separate effort focused on ensuring
compliance with Municipal Code and State Fire Code sections prohibiting impeding
access and obstructing traffic flow on and around the Pier steps, wooden landing, and
access ramp to ensure public safety and maintain clear ingress and egress.
Amendment to the Vending Ordinance
Vending in the City is regulated under Chapter 6.36 of the Munici pal Code, which
currently allows vending in the public space when done in conjunction with a vehicle or
in conjunction with a community event. Furthermore, existing law explicitly prohibits
sidewalk vending, with certain narrow exceptions, such as activities otherwise protected
by the First Amendment. To meet the new state mandated regulations established
under Government Code Section 53036-53039, the City must amend SMMC Chapter
6.36 to establish local regulations for sidewalk vendors. Staff recommends tha t the City
Council approve the proposed amended ordinance to address sidewalk vending and
modernize existing vehicle vending regulations.
Specifically, the new ordinance will address the following:
1) Establish new vending definitions;
2) Require a permit to engage in sidewalk vending;
3) Outline the content of the permit application including, but not limited to:
a. Proof of compliance with applicable county and state requirements,
b. Detailed information regarding sidewalk vending restrictions, including
merchandise, location, time, and operation size.
4) Establish criteria for the issuance, suspension, revocation and denial of a
sidewalk vendor permit;
5) Establish operating requirements that ensure public health, safety and welfare,
including compliance with the American with Disabilities Act of 1990;
6) Establish the ability for City staff to draft administrative regulations for all vending
operations;
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7) Repeal Section 6.36.110 of SMMC regarding sampling on the Pier and Third
Street Promenade. Staff recommends that all sampling activities comply with the
proposed vending regulations to ensure that highly popular tourist destinations
maintain adequate access to the public right of way, eliminating the need for a
separate sampling permit program;
8) Prohibit vending of shared mobility devices. Due to the influx of shared mobility
devices in the city, staff believes prohibiting the vending of shared mobility
devices will reduce unlawful use of such devices.
Sidewalk Vendor Permit Program
Staff proposes the establishment of a regulatory permit program for sidewalk
vendors that will require sidewalk vendors to obtain a business license and sidewalk
vendor permit. The proposed program also authorizes the establishment of
administrative rules and regulations to govern sidewalk vending activities, including
time, place, and manner of permitted sidewalk vending, application requirements,
operational standards, and enforcement actions, such as suspension and revocation
of sidewalk vending permits.
In addition to collecting standard information required from all business license
applicants, sidewalk vending applicants will be required to provide detailed
information regarding their operations, including merchandise, location, time, and
operation size. As part of the application process, applicants must provide proof of
compliance with applicable county and state requirements, such as the Los Angeles
County Health Permit for food vendors and California Seller’s Permit.
As proposed, the Ordinance will provide the City’s Risk Manager with auth ority to
impose insurance requirements on vendors. However, it is not the City’s intention to
require insurance for vendors engaging in low risk activities (e.g. vending prepared
foods, clothing, sundries, etc.), in order to make the program as accessible as
possible to those seeking to vend lawfully. This policy will be revisited from time -to-
time and amended as necessary should circumstances change.
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Permitting Program Costs
The Finance Department’s Business License Unit is responsible for the
administration of the City’s Business License Program and will be responsible for the
coordination of sidewalk vendor permits that will be issued in conjunction with
business license certificates. The Finance Department proposes that the existing
vendor permit fee apply to sidewalk vendor permits as well. Once data is available to
examine the cost of administering the City’s sidewalk vendor permit program, City
staff will reevaluate permit costs and may propose updating this existing fee. Below
is a table of the proposed taxes and fees for FY 2018-19.
Tax/Fee Description Amount Authority
Business License Tax $50.00 SMMC 6.36.050(d)
Vendor Permit Fee $103.96 SMMC 6.36.040(c), Resolution XXXXX
CASp State Mandated Fee $4.00 California Government Code 4467
TOTAL $157.96
Program Schedule
Due to the expected influx of sidewalk vendors in the spring and summer months, staff
recommends the proposed program schedule:
Program Task Start Date
Stakeholder Engagement January 2019
Administrative Regulations Issued April 2019
Vendor Education re: Permitting Program and Restrictions April 2019
Application Intake May 2019
Enforcement of Restrictions May 2019
Communications & Outreach Campaign May 2019
Stakeholder Engagement Process
Business and Pier Stakeholders
In January 2019, staff held an informational meeting for Downtown Santa Monica Inc.,
Santa Monica Chamber of Commerce, Pier Corporation and Pier Lessees, and other
Business Improvement District representatives to educate them on SB 946 and staff’s
approach to creating an ordinance and permitting program. Staff hosted Victor Narro,
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from the UCLA Labor Center, to provide a balanced perspective about the
circumstances that led to the enactment of SB 946. Narro shared that sidewalk vending
is a $504 million industry in Los Angeles, with 50,000 street vendors operating in the
City of Los Angeles annually. A coalition of street vendors and advocates worked
tirelessly for eight years to lobby the City of Los Angeles to decriminalize street vending
and establish a regulatory system. That initiative evolved into statewide advocacy in
2018. Staff has also presented at meetings for the Pier Vending Cart Association,
Downtown Santa Monica Inc. Board, and Pier Corporation Board .
Recreation and Parks Commission
Staff presented the proposed restricted locations and approach to regulating vending at
the parks and beach to the Recreation and Parks Commission on February 21, 2019.
The commission voted unanimously to support staff’s recommended approach to
regulating vending and, during their discussion, expressed concerns related to
preserving the natural beauty of the parks and beach and ensuring vendors do not
interfere with park and beach users enjoying the City’s open spaces.
Vendor Town Hall
Additionally, City staff held a Town Hall on March 13, 2019 to inform current and
potential vendors of the changes in state law and potential permit opportunities and
restrictions under development locally. Over 100 current and potential vendors attended
the meeting and provided important feedback. The Town Hall was held in both English
and Spanish, to ensure the majority of vendors would not face a language barrier.
Overall, vendors vocalized concerns about prohibiting vending on the Pier, primarily
because it is a busy and lucrative market for such activity. In addition, some vendors
raised the concern that even if they were to comply with a new vending prohibition on
the Pier, new vendors would attempt to vend on the Pier. Staff plans to conduct further
forums and workshops to inform and develop ongoing dialogue with permitted vendors
as well as welcome new vendors, ensuring they are informed on the details of the new
regulations and how to comply, pending Council approval.
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Potential Office of Civic Wellbeing Microgrants
Staff presented a preview of the proposed ordinance and permitting program at a Pico
Wellbeing Project Planning workshop on February 28, 2019. Attendees were generally
supportive and particularly interested in what the City could do to enhance the economic
opportunity of Santa Monica residents who wish to vend lawfully in the City but may
face economic barriers to doing so. Staff have initiated discussions with the Office of
Civic Wellbeing to identify such opportunities, one of which could be a future round of
microgrants that could be directed at start-up and permitting costs for vendors who wish
to obtain a permit and vend lawfully in Santa Monica.
Communications and Outreach Plan
In rolling out the new sidewalk vending program, the City will develop a robust outreach
strategy to educate consumers, vendors, and established businesses about the new
laws and regulations. The plan will include the creation of a bilingual public information
campaign that includes a mix of print, digital, and outdoor ad placements which can
collectively accomplish the following objectives:
1. Establish awareness of the City’s program among residents, brick-and-mortar
businesses, and visitors;
2. Encourage aspiring sidewalk vendors to vend lawfully and participate in our
permitting program; and
3. Educate residents and tourists to look for decals displayed by sidewalk vendors
permitted to vend in Santa Monica
The plan will include efforts to promote the launch of the new program and requirements
in spring, and to maintain awareness in perpetuity. As part of the rollout, the City will
look to deploy simple, eye-catching pocket guides to explain the restrictions and
features of the new regulations, in order to effectively communicate with vendors as well
as visitors who may speak a wide variety of languages. City staff are actively exploring
partnering with or building upon successful public education and outreach campaigns
already deployed or underway in other major municipalities that have tackled the
sidewalk vending issue, including New York and Los Angeles.
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Evaluation and Follow-Up
Due to the major changes mandated by SB 946, California communities will be a
laboratory for the evolution of street vending in our state. Along with adjacent Venice,
Santa Monica will be one of the highest profile locations testing these new policies.
Staff intends to continually monitor the application and enforcement of the proposed
ordinance in order to track unforeseen or unintended concerns and fine-tune our
approach to address them as they arise. We will a lso carefully monitor the best
practices that emerge from other communities and the feedback from local residents,
businesses, and visitors. This may result in future amendments to the regulations,
staffing, or ordinance. Staff also intends to conduct a more formal evaluation of the
program after 12 months which may lead to additional changes.
Alternatives / Additional Direction
Should Council decide against adopting the staff recommended ordinance and
approach to regulating vending in the City, there are a number of available alternatives,
each of which would have different implications going forward:
• Decline to Create Permitting Program/No Regulations – Council could opt to not
create a sidewalk vending permitting program in the City. Under this scenario, SB
946 dictates that the City would not be able to regulate the time, place, or
manner of sidewalk vending activities, which would be permissible Citywide
without restriction. This would minimize staff resources to administer and enforce
a permitting program, but inhibit our ability to manage our most crowded spaces
and protect public safety and health.
• Expanded or Reduced Areas of Prohibition or Regulation – Council could amend
the staff-recommended scope of restrictions on vending activities. For example,
Council could enact blanket prohibitions on all vending in Palisades Park and/or
on the Third Street Promenade, instead of the more tailored regulations staff is
recommending; such an approach would require a showing that such legislation
is necessary and directly related to objective health, safety, or welfare concerns .
Alternatively, Council could scale back the staff -recommended restrictions, such
as the full prohibition on and around the Pier, allowing greater degrees of
vending in high-traffic, sensitive public spaces. Needed enforcement resources
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would increase or decrease in parallel with any Council amendments to expand
or reduce the scope of vending restrictions.
• Special Vending Districts – As an additional measure to expand regulated
sidewalk vending in key sensitive locations, Council could direct staff to work with
vendors and advocates to explore creating “special vending districts” in areas
such as the Pier and Third Street Promenade, including designated zones,
systems to allocate specific slots or spaces, and models of self-regulation with
vendor leaders. Advocates with the L.A. Street Vendor Campaign are promoting
this model as a way to reopen vending opportunities in zones that Los Angeles
has declared “no-vending zones” in its vending ordinance. This effort would
require additional staff resources to develop and administer.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. Staff will actively monitor the issuance of street vendor permits
and adjust revenues during the FY 2019-20 Midyear budget, as needed based on the
volume of permits issued.
Enforcement
The Code Enforcement Division will assess the appropriate enforcement staffing levels
to ensure Officer safety pending the adoption of the City’s ordinance, including but not
limited to upgrading or reassigning Code Enforcement Officers. Code Enforcement
anticipates a need of two to four Code Enforcement Officers for the program depending
on the urgency and outcomes staff is expected to achieve. The City Attorney’s Office
works in close coordination with both Code Enforcement and SMPD in enforcing all of
the City laws, including this new comprehensive vending program. The City Attorney’s
Office will closely monitor case referrals generated from this new enforcement program
to assess adequacy of attorney resources.
Outreach
Staff will initiate ongoing outreach necessary to inform vendors and the public about SB
946 and the specifics of Santa Monica’s new ordinance and program, using available
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one-time funds of $40,000 to develop and launch a vendor and public education
campaign, print decals, and a multi-lingual toolkit. Staff will return to Council for any
ongoing costs necessary to maintain the program.
Prepared By: Stephanie Venegas, Council Office & Legislative Affairs Liaison
Approved
Forwarded to Council
Attachments:
A. SB 946-Sidewalk Vendors
B. r-11028
C. Vendor Photos
D. CMO - Emergency Ord - Vending - 04.09.2019
E. Maps Showing Proposed Restrictions
F. Spanish Language Summary
G. Written Comments
Senate Bill No. 946
CHAPTER 459
An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of
Division 1 of Title 5 of the Government Code, relating to sidewalk vendors.
[Approved by Governor September 17, 2018. Filed with
Secretary of State September 17, 2018.]
legislative counsel’s digest
SB 946, Lara. Sidewalk vendors.
Existing law authorizes a local authority, by ordinance or resolution, to
adopt requirements for the public safety regulating any type of vending and
the time, place, and manner of vending from a vehicle upon a street.
This bill would prohibit a local authority, as defined, from regulating
sidewalk vendors, except in accordance with the provisions of the bill. The
bill would provide that 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. The bill would apply these provisions to a chartered or general law city,
county, or city and county.
The bill would require a local authority that elects to adopt a sidewalk
vending program to, among other things, not require a sidewalk vendor to
operate within specific parts of the public right-of-way, except when that
restriction is directly related to objective health, safety, or welfare concerns,
and not restrict sidewalk vendors to operate only in a designated
neighborhood or area, except as specified. The bill would authorize a local
authority to, by ordinance or resolution, adopt additional requirements
regulating the time, place, and manner of sidewalk vending, as specified,
if the requirements are directly related to objective health, safety, or welfare
concerns. The bill would also authorize a local authority to prohibit sidewalk
vendors in areas located within the immediate vicinity of a permitted certified
farmers’ market and a permitted swap meet, as specified, and to restrict or
prohibit sidewalk vendors within the immediate vicinity of an area designated
for a temporary special permit issued by the local authority, as specified. A
violation would be punishable only by an administrative fine, as specified,
pursuant to an ability-to-pay determination, and proceeds would be deposited
in the treasury of the local authority.
The bill would require the dismissal of any criminal prosecutions under
any local ordinance or resolution regulating or prohibiting sidewalk vendors
that have not reached final judgment. The bill would also authorize a person
who is currently serving, or who completed, a sentence, or who is subject
to a fine, for a conviction of a misdemeanor or infraction for sidewalk
93
vending, as specified, to petition for dismissal of the sentence, fine, or
conviction.
Existing constitutional provisions require that a statute that limits the
right of access to the meetings of public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the interest
protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the following:
(1) Sidewalk vending provides important entrepreneurship and economic
development opportunities to low-income and immigrant communities.
(2) Sidewalk vending increases access to desired goods, such as culturally
significant food and merchandise.
(3) Sidewalk vending contributes to a safe and dynamic public space.
(4) The safety and welfare of the general public is promoted by
encouraging local authorities to support and properly regulate sidewalk
vending.
(5) The safety and welfare of the general public is promoted by
prohibiting criminal penalties for violations of sidewalk vending ordinances
and regulations.
(6) This act applies to any city, county, or city and county, including a
charter city. The criminalization of small business entrepreneurs, and the
challenges that those entrepreneurs face as a result of a criminal record, are
matters of statewide concern. Further, unnecessary barriers have been erected
blocking aspiring entrepreneurs from accessing the formal economy, harming
California’s economy in the process, and disrupting the regulation of
business, which is a matter of statewide concern. Moreover, California has
an interest in the regulation of traffic, a matter of statewide concern, whether
in ensuring the appropriate flow of traffic or in ensuring the safety of
pedestrians on the road or the sidewalk.
(b) It is the intent of the Legislature to promote entrepreneurship and
support immigrant and low-income communities.
SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part
1 of Division 1 of Title 5 of the Government Code, to read:
Chapter 6.2. Sidewalk Vendors
51036. For purposes of this chapter, the following definitions apply:
(a) “Sidewalk vendor” means a person who sells food or merchandise
from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack,
or other nonmotorized conveyance, or from one’s person, upon a public
sidewalk or other pedestrian path.
(b) “Roaming sidewalk vendor” means a sidewalk vendor who moves
from place to place and stops only to complete a transaction.
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— 2 —Ch. 459
(c) “Stationary sidewalk vendor” means a sidewalk vendor who vends
from a fixed location.
(d) “Local authority” means a chartered or general law city, county, or
city and county.
51037. (a) A local authority shall not regulate sidewalk vendors except
in accordance with Sections 51038 and 51039.
(b) Nothing in this chapter shall be construed to affect the applicability
of Part 7 (commencing with Section 113700) of Division 104 of the Health
and Safety Code to a sidewalk vendor who sells food.
(c) Nothing in this chapter shall be construed to require a local authority
to adopt a new program to regulate sidewalk vendors if the local authority
has established an existing program that substantially complies with the
requirements in this chapter.
51038. (a) A local authority may adopt a program to regulate sidewalk
vendors in compliance with this section.
(b) A local authority’s sidewalk vending program shall comply with all
of the following standards:
(1) A local authority shall not require a sidewalk vendor to operate within
specific parts of the public right-of-way, except when that restriction is
directly related to objective health, safety, or welfare concerns.
(2) (A) A local authority shall not prohibit a sidewalk vendor from selling
food or merchandise in a park owned or operated by the local authority,
except the local authority may prohibit stationary sidewalk vendors from
vending in the park only if the operator of the park has signed an agreement
for concessions that exclusively permits the sale of food or merchandise by
the concessionaire.
(B) Notwithstanding subparagraph (A), a local authority may adopt
additional requirements regulating the time, place, and manner of sidewalk
vending in a park owned or operated by the local authority if the
requirements are any of the following:
(i) Directly related to objective health, safety, or welfare concerns.
(ii) Necessary to ensure the public’s use and enjoyment of natural
resources and recreational opportunities.
(iii) Necessary to prevent an undue concentration of commercial activity
that unreasonably interferes with the scenic and natural character of the
park.
(3) A local authority shall not require a sidewalk vendor to first obtain
the consent or approval of any nongovernmental entity or individual before
he or she can sell food or merchandise.
(4) (A) A local authority shall not restrict sidewalk vendors to operate
only in a designated neighborhood or area, except when that restriction is
directly related to objective health, safety, or welfare concerns.
(B) Notwithstanding subparagraph (A), a local authority may prohibit
stationary sidewalk vendors in areas that are zoned exclusively residential,
but shall not prohibit roaming sidewalk vendors.
(5) A local authority shall not restrict the overall number of sidewalk
vendors permitted to operate within the jurisdiction of the local authority,
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Ch. 459— 3 —
unless the restriction is directly related to objective health, safety, or welfare
concerns.
(c) A local authority may, by ordinance or resolution, adopt additional
requirements regulating the time, place, and manner of sidewalk vending
if the requirements are directly related to objective health, safety, or welfare
concerns, including, but not limited to, any of the following:
(1) Limitations on hours of operation that are not unduly restrictive. In
nonresidential areas, any limitations on the hours of operation for sidewalk
vending shall not be more restrictive than any limitations on hours of
operation imposed on other businesses or uses on the same street.
(2) Requirements to maintain sanitary conditions.
(3) Requirements necessary to ensure compliance with the federal
Americans with Disabilities Act of 1990 (Public Law 101-336) and other
disability access standards.
(4) Requiring the sidewalk vendor to obtain from the local authority a
permit for sidewalk vending or a valid business license, provided that the
local authority issuing the permit or business license accepts a California
driver’s license or identification number, an individual taxpayer identification
number, or a municipal identification number in lieu of a social security
number if the local authority otherwise requires a social security number
for the issuance of a permit or business license, and that the number collected
shall not be available to the public for inspection, is confidential, and shall
not be disclosed except as required to administer the permit or licensure
program or comply with a state law or state or federal court order.
(5) Requiring the sidewalk vendor to possess a valid California
Department of Tax and Fee Administration seller’s permit.
(6) Requiring additional licenses from other state or local agencies to
the extent required by law.
(7) Requiring compliance with other generally applicable laws.
(8) Requiring a sidewalk vendor to submit information on his or her
operations, including, but not limited to, any of the following:
(A) The name and current mailing address of the sidewalk vendor.
(B) A description of the merchandise offered for sale or exchange.
(C) A certification by the vendor that to his or her knowledge and belief,
the information contained on the form is true.
(D) The California seller’s permit number (California Department of
Tax and Fee Administration sales tax number), if any, of the sidewalk
vendor.
(E) If the sidewalk vendor is an agent of an individual, company,
partnership, or corporation, the name and business address of the principal.
(d) Notwithstanding subdivision (b), a local authority may do both of
the following:
(1) 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. A “certified farmers’ market” means a location operated in accordance
with Chapter 10.5 (commencing with Section 47000) of Division 17 of the
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— 4 —Ch. 459
Food and Agricultural Code and any regulations adopted pursuant to that
chapter. A “swap meet” means a location operated in accordance with Article
6 (commencing with Section 21660) of Chapter 9 of Division 8 of the
Business and Professions Code, and any regulations adopted pursuant to
that article.
(2) Restrict or prohibit sidewalk vendors within the immediate vicinity
of an area designated for a temporary special permit issued by the local
authority, provided that any notice, business interruption mitigation, or other
rights provided to affected businesses or property owners under the local
authority’s temporary special permit are also provided to any sidewalk
vendors specifically permitted to operate in the area, if applicable. For
purposes of this paragraph, a temporary special permit is a permit issued
by the local authority for the temporary use of, or encroachment on, the
sidewalk or other public area, including, but not limited to, an encroachment
permit, special event permit, or temporary event permit, for purposes
including, but not limited to, filming, parades, or outdoor concerts. A
prohibition of sidewalk vendors pursuant to this paragraph shall only be
effective for the limited duration of the temporary special permit.
(e) For purposes of this section, perceived community animus or
economic competition does not constitute an objective health, safety, or
welfare concern.
51039. (a) (1) A violation of a local authority’s sidewalk vending
program that complies with Section 51038 is punishable only by the
following:
(A) An administrative fine not exceeding one hundred dollars ($100) for
a first violation.
(B) An administrative fine not exceeding two hundred dollars ($200) for
a second violation within one year of the first violation.
(C) An administrative fine not exceeding five hundred dollars ($500) for
each additional violation within one year of the first violation.
(2) A local authority may rescind a permit issued to a sidewalk vendor
for the term of that permit upon the fourth violation or subsequent violations.
(3) (A) If a local authority requires a sidewalk vendor to obtain a
sidewalk vending permit from the local authority, vending without a sidewalk
vending permit may be punishable by the following in lieu of the
administrative fines set forth in paragraph (1):
(i) An administrative fine not exceeding two hundred fifty dollars ($250)
for a first violation.
(ii) An administrative fine not exceeding five hundred dollars ($500) for
a second violation within one year of the first violation.
(iii) An administrative fine not exceeding one thousand dollars ($1,000)
for each additional violation within one year of the first violation.
(B) Upon proof of a valid permit issued by the local authority, the
administrative fines set forth in this paragraph shall be reduced to the
administrative fines set forth in paragraph (1), respectively.
(b) The proceeds of an administrative fine assessed pursuant to
subdivision (a) shall be deposited in the treasury of the local authority.
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Ch. 459— 5 —
(c) Failure to pay an administrative fine pursuant to subdivision (a) shall
not be punishable as an infraction or misdemeanor. Additional fines, fees,
assessments, or any other financial conditions beyond those authorized in
subdivision (a) shall not be assessed.
(d) (1) A violation of a local authority’s sidewalk vending program that
complies with Section 51038, or a violation of any rules or regulations
adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors
in the jurisdiction of a local authority, shall not be punishable as an infraction
or misdemeanor, and the person alleged to have violated any of those
provisions shall not be subject to arrest except when permitted under law.
(2) Notwithstanding any other law, paragraph (1) shall apply to all
pending criminal prosecutions under any local ordinance or resolution
regulating or prohibiting sidewalk vendors. Any of those criminal
prosecutions that have not reached final judgment shall be dismissed.
(e) A local authority that has not adopted rules or regulations by ordinance
or resolution that comply with Section 51037 shall not cite, fine, or prosecute
a sidewalk vendor for a violation of any rule or regulation that is inconsistent
with the standards described in subdivision (b) Section 51038.
(f) (1) When assessing an administrative fine pursuant to subdivision
(a), the adjudicator shall take into consideration the person’s ability to pay
the fine. The local authority shall provide the person with notice of his or
her right to request an ability-to-pay determination and shall make available
instructions or other materials for requesting an ability-to-pay determination.
The person may request an ability-to-pay determination at adjudication or
while the judgment remains unpaid, including when a case is delinquent or
has been referred to a comprehensive collection program.
(2) If the person meets the criteria described in subdivision (a) or (b) of
Section 68632, the local authority shall accept, in full satisfaction, 20 percent
of the administrative fine imposed pursuant to subdivision (a).
(3) The local authority may allow the person to complete community
service in lieu of paying the total administrative fine, may waive the
administrative fine, or may offer an alternative disposition.
(g) (1) A person who is currently serving, or who completed, a sentence,
or who is subject to a fine, for a conviction of a misdemeanor or infraction
for sidewalk vending, whether by trial or by open or negotiated plea, who
would not have been guilty of that offense under the act that added this
section had that act been in effect at the time of the offense, may petition
for dismissal of the sentence, fine, or conviction before the trial court that
entered the judgment of conviction in his or her case.
(2) Upon receiving a petition under paragraph (1), the court shall presume
the petitioner satisfies the criteria in paragraph (1) unless the party opposing
the petition proves by clear and convincing evidence that the petitioner does
not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1),
the court shall grant the petition to dismiss the sentence or fine, if applicable,
and dismiss and seal the conviction, because the sentence, fine, and
conviction are legally invalid.
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— 6 —Ch. 459
(3) Unless requested by the petitioner, no hearing is necessary to grant
or deny a petition filed under paragraph (1).
(4) If the court that originally sentenced or imposed a fine on the
petitioner is not available, the presiding judge shall designate another judge
to rule on the petition.
(5) Nothing in this subdivision is intended to diminish or abrogate any
rights or remedies otherwise available to the petitioner.
(6) Nothing in this subdivision or related provisions is intended to
diminish or abrogate the finality of judgments in any case not falling within
the purview of this chapter.
SEC. 3. The Legislature finds and declares that Section 2 of this act,
which adds Section 51038 to the Government Code, imposes a limitation
on the public’s right of access to the meetings of public bodies or the writings
of public officials and agencies within the meaning of Section 3 of Article
I of the California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that interest:
The Legislature finds and declares that in order to protect the privacy of
a sidewalk vendor with regard to his or her California driver’s license or
identification number, individual taxpayer identification number, or
municipal identification number, when that number is collected in lieu of
a social security number for purposes of the issuance of a permit or business
license, it is necessary that the sidewalk vendor’s number be confidential,
except as provided in this act.
O
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Ch. 459— 7 —
Vendors Crowding Area Near Pier Stairs Adjacent to Bubba Gump
Vendors Assembled/Cooking on Wooden Deck
Vendors In Roadway
Pier Bridge/Palisades Park
1
City Council Meeting: April 9, 2019 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 6.36
TO ADOPT A COMPREHENSIVE VENDING REGULATORY PROGRAM
WHEREAS, the City of Santa Monica (the “City”) consists of just over eight square
miles and is home to more than 90,000 residents, the job site of 300,000 workers, and a
destination for as many as 500,000 visitors on weekends and holidays; and
WHEREAS, because the City is both densely populated and visitor serving, its
public spaces often become extremely crowded; and
WHEREAS, the City’s park space is limited; and
WHEREAS, much of the City’s limited park space is devoted to active uses such
as sports fields and children’s playgrounds, leaving even less open space available for
all other activities, such as passive recreation; and
WHEREAS, public beaches, the Ocean Front Walk and City parks are congested
public recreational facilities that are heavily used by residents, workers and visitors; and
WHEREAS, Palisades Park, situated between the Pacific Ocean, the Pier bridge,
and the City’s bustling downtown, is the crown jewel of the City’s park system and is the
most heavily utilized; and
WHEREAS, Palisades Park sits along the edge of the bluffs overlooking the Pacific
Ocean providing spectacular and unparalleled views of the coastline; and
2
WHEREAS, based on Palisades Park’s unique aesthetic qualities and unmatched
scenic beauty, the City designed the Park as a local Landmark and the City’s local Coastal
Program Land Use Plan requires review to, from, and along the Park be protected; and
WHEREAS, circulation within Palisades Park is limited because it is extremely
narrow, and is physically surrounded by downtown streets on three sides and tall bluffs
on the fourth;
WHEREAS, the Pier is a long and narrow space, only 35 feet wide at some points,
with ingress and egress at only one end; and
WHEREAS, the Third Street Promenade and the Transit Mall are located at the
heart of the City’s busy Downtown District; and
WHEREAS, all of these public spaces are heavily patronized by the public year
round and congestion in these confined places is a constant norm; and
WHEREAS, the intensity and variety of park, Pier, Promenade, Transit Mall and
beach uses further necessitates regulation to avoid safety hazards and conflicts; and
WHEREAS, public sidewalks and pedestrian paths are created and maintained for
the primary purpose of enabling pedestrians to safely and efficiently move about from
place to place; and
WHEREAS, ensuring the unobstructed flow of pedestrian traffic on sidewalks and
pedestrian paths promotes public safety by minimizing the risk that pedestrians will jostle
one another, collide, trip, or fall, and safeguarding the ability of the public to safely away
from dangerous situations that may occur on or near public streets, pedestrian paths and
sidewalks; and
3
WHEREAS, ensuring the free flow of pedestrian traffic is particularly important to
the safety of the elderly, the very young, the disabled, vision-impaired persons, and others
who are less able to navigate through crowds and around obstacles or hazards and who
are particularly impacted by having to navigate off and onto curbs when sidewalks or
pedestrian paths are blocked; and
WHEREAS, hindrances to the free flow of pedestrian traffic, particularly in the
City’s congested public places, may interfere with the work of public safety personnel
seeking immediate access to emergency situations and with other work vital to the public
health and safety, such as cleaning and maintenance; and
WHEREAS, because each of the above mentioned public spaces and resources
is limited and heavily utilized, special efforts must be undertaken to maintain them and
facilitate their shared use and availability to all; and
WHEREAS, disruptive activities, including unregulated vending activities, within the
City’s congested public spaces interfere with the general public’s use and enjoyment of
these public facilities, create serious public safety hazards, and damages the public
welfare; and
WHEREAS, the City’s has long regulated vending activities in order to address
these and other public health, safety and welfare concerns; and
WHEREAS, on September 17, 2018, California Governor Edmund Gerald Brown
signed Senate Bill (“SB”) 946 into law, which regulates and decriminalizes certain
sidewalk vending activities; and
WHEREAS, the City undertook an extensive review of vending activities in light of
SB 946; and
4
WHEREAS, the results of the review show that continue d regulation of vending
activities, especially in the City’s most congested public places, remains essential to
protect public health, safety and welfare; and
WHEREAS, the City Council adopts this ordinance pursuant to the City’s
constitutionally authorized charter city police powers and consistent with authorities
granted by SB 946; and
WHEREAS, the City Council finds that the regulations and requirements provided
in this ordinance are necessary to protect the health, safety, and welfare of its residents,
workers, businesses, and visitors; and
WHEREAS, the City Council further finds that the regulations and requirements
provided in this ordinance are necessary to ensure compliance with the federal Americans
with Disabilities Act of 1990 (Public Law 101 -336) and other disability access standards;
safeguard the public’s use and enjoyment of natural resources and recreational
opportunities; prevent undue concentration of disruptive activities that unreasonably
interferes with the scenic and natural character of City parks; and prevent unsanitary
conditions; and
WHEREAS, based on the findings contained in this ordinance and material
presented in the accompanying Staff Report, the City Council finds and declares that
taking emergency action to adopt this ordinance is necessary to protect and preserve the
public peace, health, and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 6.16.030 of the Santa Monica Municipal Code is hereby
amended to read as follows:
5
6.16.030 Appeal procedure.
(a) Hearing Examiner. The Hearing Examiner shall be the City Manager or
designee. The Hearing Examiner shall not have had any prior direct involvement with
the matter pending before him or her. If no City staff is capable of conducting the
hearing, then the City shall contract with the California Office of Administrative Hearings
(“OAH”) to conduct the hearing.
(b) Standards. The Hearing Examiner may grant, suspend, revoke or deny a
license or permit, approve, modify or reject the underlying City decision or action,
whenever, in the reasonable judgment of the Hearing Examiner, the City’s decision or
action grant, suspension, revocation or denial is in accordance with any applicable law.
The Appellant has the burden of proving, based on a preponderance of the evidence,
that the City’s decision or action is not in compliance with applicable laws.
(c) Hearing Request. Any person aggrieved by an action appealable to a
Hearing Examiner shall be entitled to a hearing upon filing a written request therefor
with the City Clerk. This written request must be filed within ten days not later than the
tenth day following the mailing of service of a notice of the City action being appealed.
from which the appeal is taken. Service is effectuated on the date that the notice is
mailed to the recipient, personally served on the recipient, or emailed to the recipient if
the recipient has consented in writing to electronic service.
(d) Hearing. The Hearing Examiner shall hold a hearing not later than sixty days
following receipt of the request by the City Clerk, unless an extension of the time is
granted by the Hearing Examiner, upon a finding of good cause. If the hearing is to be
6
conducted by OAH, it shall be scheduled as soon as practicable, consistent with OAH’s
calendar availability.
The applicant shall be given no less than five days’ notice of the time and place
of said hearing. The hearing shall be open to the public. Any interested party is entitled
to be heard and may be represented by counsel.
Any failure to comply with the time limits set forth in this subsection (d) does not
deprive the Hearing Examiner of jurisdiction to conduct the hearing or render a binding
decision.
The Hearing Examiner shall have the power to issue orders to keep order and
decorum during an Administrative Hearing. No person shall fail to comply with any such
order.
(e) Decision of Hearing Examiner. The decision of the Hearing Examiner shall
be made promptly after the conclusion of the hearing. Notice of the decision shall be
mailed to the applicant at his or her last known mailing address.
(f) Stay Pending Hearing. The suspension or revocation of any permit or
license for which a request for review has been timely filed under this Section, shall be
stayed pending decision of the Hearing Examiner. Nothing in this subsection shall be
construed to require any officer or employee of the City to issue any permit or license.
(g) Review of Hearing Examiner’s Decision. The stay expires ten days after the
Hearing Examiner issues the decision. The Hearing Examiner’s decision in all cases is
final except for judicial review. Such review must be sought by petition under Code of
Civil Procedure Section 1094.5, not later than ninety days after the decision is issued.
7
SECTION 2. Chapter 6.36 of the Santa Monica Municipal Code is hereby amended
to read as follows:
Chapter 6.36 Vending
6.36.010 Findings and purpose
The City Council of the City of Santa Monica hereby finds:
(a) Sidewalk vending fosters vibrant public spaces and promotes a diverse and
inclusive local economy.
(b) In order to promote the public peace, safety, health and welfare, sidewalk
vending must be regulated to promote public safety; to ensure rapid access by first
responder and emergency personnel to public and private spaces throughout the City; to
facilitate ingress into and egress from vehicles, rights-of-way, buildings, and public
spaces; to maximize use and promote maintenance of public rights -of-way, parks, the
beach, and other public spaces; and to reduce the City’s exposure to civil liability.
(c) Because the City is densely populated by residents and visitors, its public
spaces often become extremely crowded . The City’s parks, Pier, Promenade, Transit
Mall and beaches, and many of the City’s sidewalks and pedestrian paths, are all heavily
trafficked by the public and congestion in these places is a constant norm.
(d) Palisades Park, situated between the pacific ocean, the Pier bridge, and the
City’s bustling downtown, is the crown jewel of the City’s park system and is the most
heavily utilized. Based the Park’s unique aesthetic qualities and unmatched scenic
beauty, the City designed the Park as a local Landmark and the City’s local Coastal
Program Land Use Plan requires review to, from, and along the Park be protected.
8
Circulation within Palisades Park is limited because it is extremely narrow, and is
physically surrounded by downtown streets on three sides and tall bluffs on the fourth.
(e) The unique and historic nature of many of the City’s public spaces further
require special consideration. For example, the Santa Monica Pier is a long, narrow,
wooden structure 1,080 feet long, supported by concrete and timber piles extended over
the beach and ocean with limited points of entry and exit. The Santa Monica Pier is also
on the State of California Protected Critical Infrastructure list, experiences a high volume
of pedestrian traffic and is congested throughout the year. The Third Street Promenade
and the Transit Mall similarly draw significant local and tourist pedestrian traffic, with
crowds as large as 10,000 or more traveling each block of the narrow, open-air public
rights-of-way each day. Careful regulation of vending activities is necessary to protect
public safety and ensure accessibility in these highly trafficked tourist destinations.
Similarly, many of the City’s parks and beaches provide opportunities for community
engagement and recreation; regulation of vending activities is necessary to ensure
availability of open space for public engagement, access and recreation, and to protect
the natural resources within and the scenic and natural character of th e parks and
beaches. Additionally, many of the sidewalks and pedestrian paths in the City are under
eight (8) feet wide, such that vending in these areas would unreasonably interfere with
the flow of pedestrians and disrupt access for persons with disabilities or other special
needs.
6.36.020 Definitions.
For purposes of this Chapter, the following words or phrases shall have the
following meanings:
9
(a) “Certified farmers’ market” means a farmers’ market certified as operating
in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the
Food and Agricultural Code and any regulations adopted pursuant to that chapter.
(b) “Pedestrian path” means a path or walkway, other than a sidewalk, that is
owned by the City or another public entity and is specifically designed for pedestrian
travel. Pedestrian path shall not include any private property or areas not traditionally
used or designated for pedestrian travel, such as the beach, bike -paths, streets,
driveways, and public parking lots.
(c) “Pushcart” means any humanly propelled wheeled vehicle which contains
items for sale.
(d) “Roaming sidewalk vendor” means a sidewalk vendor who moves from
place to place and stops only to complete a transaction.
(e) “Sidewalk vendor” means a person who sells food or merchandise from a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance, or from one’s person, upon a public sidewalk or other
pedestrian path.
(f) “Santa Monica Pier” means the Santa Monica Pier, consisting of both the
Newcomb Pier and the Municipal Pier, protruding from the Santa Monica State Beach at
the southwesterly terminus of Colorado Avenue, extending for approximately two
thousand one hundred thirty-five feet into the Santa Monica Bay, and extending 100 feet
from all ingress and egress points to and from the Newcomb Pier and the Municipal Pier,
including but not limited to the Ocean Avenue entrance point to the Pier bridge.
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(g) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a
fixed location.
(h) “Vehicle vendor” means a person who vends from a motor vehicle or
unhitched trailer upon a public street, roadway, or highway.
(i) “Vend” means to sell, offer to sell, expose for sale, solicit offers to purchase,
or barter food, food products, services, goods, or merchandise from any public area,
including any area open to the public on private property. Vending includes offering
samples of products that are also for sale, negotiating fees for goods, and/or requesting
donations in exchange for merchandise from any public area or any area open to the
public on private property.
(j) “Vendor” means a person who vends. A vendor includes a person who
vends as an employee or agent of another person or entity . A person engaged in the
business of soliciting, canvassing, or taking orders subject to the regulations in Chapter
6.32 is not a “vendor.”
(k) “Vendor permit” shall mean a sidewalk vendor permit or a vehicle vendor
permit issued pursuant to this Chapter.
6.36.030 Vendor permit required.
No person shall vend in the City without first obtaining a vendor permit issued
pursuant to this Chapter and a business license issued pursuant to Chapter 6.04 of this
Code.
6.36.040 Restricted vending times and locations.
(a) Unless otherwise expressly authorized by or with the consent of the City,
no person shall vend on or within, any private property, the Santa Monica Pier, a certified
11
farmers’ market, a permitted community event, a permitted filming activity, a bike path, a
street, a driveway, or a public parking lot.
(b) No stationary sidewalk vendor shall vend within
(1) twenty-five (25) feet of the Third Street Promenade;
(2) the Transit Mall;
(3) the Beach;
(4) any area exclusively zoned for residential uses;
(5) the 1700 block of Ocean Front Walk;
(6) any portion of Palisades Park that is within 500 feet of the Ocean
Avenue entrance point to the Pier bridge; or
(7) any City park during the hours that an exclusive concessionaire is
open and operating pursuant to an agreement with the City or other operator of the
park.
(c) No roaming sidewalk vendor shall vend in an area exclusively zoned for
residentially uses or on a sidewalk or pedestrian path directly adjacent to such an area
between the hours of 9:00 PM and 8:00 AM.
(d) No vehicle vendor shall vend on Main Street between Ocean Park
Boulevard and the City’s southern boundary between the hours of one a.m. and three
a.m. on a Saturday, a Sunday, St. Patrick’s Day, Valentine’s Day, Cinco De Mayo Day,
Memorial Day, Independence Day, Labor Day, Halloween, or New Year’s Day.
(e) The City Manager or designee may adopt administrative regulations
imposing additional requirements consistent with this Chapter and all other applicable
laws in order to regulate the time, place, and manner of vending.
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6.36.050 Vending requirements and prohibitions.
(a) A vendor shall:
(1) prominently display the vendor’s vending permit at all times while on
public property;
(2) maintain noise levels in compliance with Chapters 4.12 and 6.116 of
this Code;
(3) keep the vendor’s vending area litter free by removing litter caused
by the vended products off of public or private property; and
(4) maintain a trash container in or on the vendor’s person, cart, or
vehicle.
(b) A vendor shall not:
(1) vend any shared mobility device, as defined in Section 3.21.020 of
this Code, cannabis, as defined in Section 26001 of the Business
and Professions Code, or cannabis product as defined in Section
11018.1 of the Health and Safety Code;
(2) employ harassing, threatening or unsafe vending tactics, including
but not limited to:
a. intentionally or recklessly making physical contact with or
touching another person without the person’s consent;
b. intentionally or recklessly blocking or impeding the safe
passage of a person traveling on a public right-of-way;
c. engaging in physical conduct, verbal communication, or
gestures in a manner (i) intended to or likely to cause a
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reasonable person to fear imminent bodily harm or the
commission of a criminal act upon property in the person’s
possession; or (ii) intended to or reasonably likely to intimidate
the person being solicited into responding affirmatively to the
solicitation;
(3) knowingly make false statements or misrepresentations in the
course of vending; or
(4) use any public or private electrical outlet or power source , including
any City-owned or City-operated electrical outlets or power sources,
without authorization.
(c) In addition to the prohibitions set forth in Subsection (b) above, a vehicle
vendor shall not:
(1) Use public property, including a sidewalk or a parkway, adjacent to
the vendor’s vehicle for vending purposes including displaying
merchandise or placement of trash containers; or
(2) Vend vehicles or motorized devices.
(d) In addition to the prohibitions set forth in Subsection (b) above, a sidewalk
vendor shall not:
(1) Vend services or merchandise for rent to customers;
(2) Display merchandise or food that is not available for immediate
sale;
(3) Use an open flame; or
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(4) Place or maintain vending equipment or materials in a manner that
touches, leans against or is affixed to any building or structure
including, but not limited to, a lamppost, parking meter, mailbox,
traffic signal, fire hydrant, bench, bus shelter, newsstand, trashcan,
or traffic barriers.
6.36.060 Exemptions.
This Chapter shall not apply to:
(a) An approved participant in a certified farmer’s market;
(b) A vendor operating pursuant to or under the authority of an approved
license agreement;
(c) An approved participant in a community event authorized by the City;
(d) An individual vending newspapers, leaflets, pamphlets, bumper stickers or
buttons;
(e) An individual or organization vending the following items, which are
inherently communicative, have nominal utility apart from their communication, and have
been created, written, or composed by the vendor: books, recorded music, poetry, prose,
sculptures, paintings, prints, or photographs.
6.36.070 Vendor permit application and fee.
(a) To receive or renew a vendor permit, a person must complete an application
on the form approved by the City and file it with the City. The applicant must provide the
following information:
(1) The applicant’s full name and address.
(2) Proof of applicant’s identity.
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(3) A description of the type of products to be vended.
(4) The location where the applicant plans to vend.
(5) If the applicant is employed by another vendor, the name and
business address of the employer.
(6) A description of any motor vehicle, pushcart, or other device to be
used during vending.
(7) If the applicant will vend food products, a valid Los Angeles County
Department of Health permit and certification that the vendor will
comply with all applicable laws regarding food product vending.
(8) Whether the applicant seeks a permit to operate as a sidewalk
vendor or a vehicle vendor.
(9) Other relevant information as required by the City, including proof of
insurance coverage where required.
(b) No application for a vendor permit or for renewal of such a permit shall be
accepted unless accompanied by the required vendor permit fee. The amount of the fee
shall be established by resolution of the City Council.
(c) A vendor permit shall be effective for the same period as the term of the
applicant’s business license.
(d) A vendor permit may be renewed through the same application process
described above.
(e) A vendor permit may not be assigned or transferred to any other person or
entity.
6.36.080 Vendor permit approval, revocation, suspension or denial.
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(a) The City may condition the approval of any vendor permit on compliance
with this Chapter and other applicable laws and regulations.
(b) A vendor permit may be revoked, suspended or denied by the City Manager
or designee based upon any of the following grounds:
(1) The applicant has made a materially false, misleading or fraudulent
statement of fact or omission of fact to the City;
(2) The applicant operates, has operated, or proposes to operate in a
manner that endangers public health or safety;
(3) The applicant fails to comply or has failed to comply with any
requirement imposed by the provisions of this Code (or successor
provision or provisions) including any rule, regulation, condition , or
standard adopted pursuant to this Chapter, or any term or con dition
imposed by the vendor permit, or any provision of State law;
(4) The applicant, or any of its officers, owners or principals, has been
convicted of a criminal offense that is substantially related to the
qualifications, functions or duties of the vending profession,
including, but not limited to, any criminal conviction involving a violent
or serious felony, fraud, deceit, or embezzlement; or
(5) Other grounds set forth by administrative regulations.
6.36.090 Appeals.
A decision by the City under this Chapter to deny an application, conditionally
approve an application, suspend a permit, or revoke a permit may be appealed by an
17
aggrieved applicant or permit holder. An appeal must be taken within the time and manner
set forth in Chapter 6.16 of this Code.
6.36.110 Administrative regulations.
The City Manager or designee may promulgate administrative regulations to
implement the provisions of this Chapter, including but not limited to, permit application
procedures and requirements, permit conditions, operating conditions, inspection
frequencies, enforcement procedures, location restrictions, or concentration restrictions.
No person shall fail to comply with any such regulations.
6.36.111 Penalties
(a) Any person who violates any provision of this Chapter shall be subject to
administrative citation pursuant to Chapter 1.09 of this Code.
(b) Any person, other than a sidewalk vendor, who violates any provision of this
Code shall be subject to an infraction, which shall be punishable by a fine not exceeding
two hundred fifty dollars per violation.
(c) Any person, other than a sidewalk vendor, who violates Section
6.36.040(a), (b)(3), (d), or 6.36.050(b) of this Chapter, shall be subject to an infraction
which shall be punishable by a fine not exceeding two hundred fifty dollars per violation,
or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars
per violation, or by imprisonment in the County Jail for a period not exceeding six months,
or by both such fine and imprisonment.
(d) The remedies specified in this Chapter are cumulative and their
specification shall not preclude the use of any other remedy provided by la w.
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6.36.112 Impoundment
(a) The City may impound food, goods, and/or merchandise that are
abandoned on public property or displayed, offered, or made available for rent or sale by
a vendor who does not possess a valid City vending permit.
(b) The City may immediately dispose of impounded materials that are
perishable or cannot be safely stored.
(c) The City may forfeit impounded materials from a vendor who has been
found responsible for vending without required governmental permits three or more times
within a twenty-four month period. An aggrieved vendor may appeal a City forfeiture order
pursuant to the procedures set forth in Chapter 6.16.
(d) The City may dispose of abandoned impounded materials in accordance
with administrative regulations.
(e) The City Council may by resolution adopt impound fees, which shall reflect
the City’s enforcement, investigation, storage and impound costs.
(f) No person shall retrieve impounded materials without paying applicable
impound fees and demonstrating proper proof of ownership.
6.36.010 Findings and purpose.
The City Council of the City of Santa Monica finds and declares as follows:
(a) The City is extremely dense with a land area of just eight square miles and
a population of approximately ninety thousand people. Moreover, the combination of an
oceanside location, fine climate, and the availability of urban facilities, services and
19
entertainments make the City an extremely desirable place to work or visit. Consequently,
a large number of nonresidents come into the City to work or recreate each day. On
weekdays, approximately three hundred thousand people are present within the City. On
weekends, the number swells to as high as five hundred thousand. Thus, population
density and congestion both present threats to the quality of life in the City, particularly in
the City’s downtown business district which is the most crowded area within the City.
(b) To protect the public health and safety and ensure safe pedestrian and
motorist traffic, the City needs equitable, uniform vending regulations.
(c) Unregulated vending, from pushcarts, motor vehicles, stands, or by
persons contributes to traffic congestion and thereby impedes the orderly movement of
pedestrian and motorist traffic. The unregulated use of congested streets and sidewalks
by vendors may make the streets and walkways unsafe for motorists, pedestrians, and
vendors.
(d) The City has adopted a series of comprehensive plans and development
guides which promote the City’s aesthetic interests generally and the aesthetics of its
public space specifically. Included among these plans are the Bayside District Specific
Plan, the Downtown Urban Design Plan, and the Santa Monica Pier Design Guidelines.
Through the adoption of these plans and specific legislation, the City is affirmatively
seeking to eliminate visual blight on the public rights-of-way, including the visual blight
caused by unsightly vendor stands. Santa Monica is designed to be a city where people
are encouraged and able to walk through a safe and attractive street environment.
(e) The City presently has a vibrant and stable merchant community.
Uncontrolled street vending would constitute unfair competition and could serve to
20
undermine the City’s commercial life by reducing sales from local merchants and eroding
the City’s tax revenues.
6.36.020 Definitions.
For purposes of this Chapter, the following words or phrases shall have the
following meanings:
(a) Food or Food Products. Any type of edible substance or beverage.
(b) Goods or Merchandise. Any items that are not a food product.
(c) Vend or Vending. To sell, offer for sale, expose for sale, solicit offers to
purchase, or to barter food, goods, merchandise, or services in any public area from a
stand, pushcart, motor vehicle, or by a person with or without the use of any other device
or other method of transportation. To require someone to pay a fee or to set, negotiate,
or establish a fee before providing goods or services constitutes vending. Requests for
donations in exchange for merchandise also constitute vending.
(d) Vendor. A person who vends. This includes a vendor who is an employee
or agent of another. A person engaged in the business of soliciting, canvassing, or taking
orders subject to the regulations in Chapter 6.24 is not a “vendor.”
(e) Pushcart. Any nonmotorized mobile device used in the sale, barter, or offer
for sale of food products, goods, or merchandise or services.
(f) Vehicle. Any motorized device used in the sale, barter, or offer for sale of
food products, goods, or merchandise or services.
6.36.030 Exemptions.
The provisions of this Chapter shall not apply to:
(a) Any approved participant in any farmer’s market;
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(b) (Reserved);
(c) Any vendor operating pursuant to or under the authority of an approved
license agreement;
(d) Any approved participant in any community event authorized by the City;
(e) Any individual vending newspapers, leaflets, pamphlets, bumper stickers
or buttons;
(f) Any individual or organization that vends the following items which are
inherently communicative, have nominal utility apart from their communication, and have
been created, written, or composed by the vendor: books; recorded music, poetry, prose,
sculptures, paintings, prints, or photographs.
6.36.040 Vendor permit required.
(a) No person may vend in the City without first obtaining and having in his or
her possession a vendor permit issued by the City 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 and address.
(2) Proof of applicant’s identity.
(3) Proof of insurance coverage satisfactory to City.
(4) 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.
(5) The location where the applicant plans to vend.
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(6) If applicant is employed by another to vend, the name and business
address of the employer.
(7) If applicant will use a motor vehicle during his or her vending, a description
of the vehicle, its registration number, its license number, and the streets the applicant
intends to use.
(8) If applicant will use a pushcart or any other device, a description of the
pushcart or device.
(9) 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.
(10) Any other relevant information required by the City.
(c) No application for a vendor permit or the renewal thereof shall be accepted
unless accompanied by the application fee. The application fee shall be in the amount
established by resolution of the City Council.
6.36.050 Vendor business license fee permit issuance and denial.
(a) A vendor permit shall be approved, conditionally approved, or denied within
thirty days of the filing of an application. The vendor permit shall be approved unless one
of the following findings is made:
(1) The applicant has made a material false, misleading or fraudulent
statement of fact to the City in the application process.
(2) The application does not contain the information required by this Chapter.
(3) The applicant has not satisfied the requirements of this Chapter.
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(b) The City may condition the approval of any vendor permit to ensure
compliance with this Chapter and other applicable laws.
(c) A vendor permit issued by the City may be revoked pursuant to the
provisions of Section 6.14.110 of this Code.
(d) The license fee shall be fifty dollars per annum and no additional license
fee shall be required by virtue of vending in any assessment district.
(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 for renewal
thereof shall be filed in a like manner as an application for an original vendor permit, and
such renewal permit shall be approved only when the requirements for the issuance of
an original vendor permit are met.
(f) A vendor permit shall not be assignable or transferable.
6.36.060 Appeals.
Any decision by the City 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 6.16.030 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.
6.36.090 Vendor location sites.
No person issued a vendor permit pursuant to this Chapter shall vend in any
location in the City except in connection with vending from vehicles, such as catering or
ice cream trucks, on any street designated in the vendor permit or on private property.
24
6.36.095 Prohibition of late night vending on Main Street.
No person shall vend from vehicles, including unhitched trailers, on Main Street,
between Ocean Park Boulevard and the City’s southern boundary, during the hours of
one a.m. to three a.m. on Saturday, Sunday, St. Patrick’s Day, Valentine’s Day, Cinco De
Mayo Day, Memorial Day, Independence Day, Labor Day, Halloween, and New Year’s
Day.
6.36.100 General requirements.
(a) Location Restrictions. No person may vend:
(1) Within ten feet from the outer edge of any entrance of any business,
including, but not limited to: doors; vestibules; driveways; outdoor dining area entries; and
emergency exits as measured in each direction parallel to the building line, during the
hours that any business on the prem ises is open to the public or to persons having or
conducting lawful business within those premises.
(2) Within ten feet of any bus stop.
(3) Within ten feet of any street corner or marked pedestrian crosswalk.
(4) Within thirty-five feet of any other vendor.
(5) In any manner that blocks or obstructs the free movement of pedestrians.
(b) Vending or Renting on Beaches and Public Parks Prohibited. All vending
activity on the beaches and in public parks is prohibited. No vendor permit shall be issued
to any person for the vending of any food products, goods, or merchandise, or the renting
25
of any types of goods, merchandise, or services on the beaches and in public parks in
the City of Santa Monica.
(c) Receipts. Upon request by a buyer, a vendor shall give a receipt to the
buyer. The receipt shall list the following:
(1) The vendor’s name.
(2) The vendor’s City vendor permit number.
(3) The vendor’s address or telephone number.
(4) The items sold.
(5) The price of each item sold.
(6) The total price of all items sold.
(d) Cleanup Responsibility. A vendor shall keep his or her vending or
performing area litter 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. Except as provided for in this Chapter, a vendor shall be
subject to the provisions of Chapter 4.12 of Article 4 of this Code. Vendors within the Third
Street Promenade shall be subject to the noise regulations in Chapter 6.116. In addition,
no vendor shall 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.
(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:
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(1) The vendor’s name, business name, and City permit number on 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 number.
(2) A photocopy of the vendor’s City vendor permit on at least two vertical
sides of the cart.
(g) Compliance with Conditions. No person shall vend contrary to the terms or
any conditions imposed in approving a vendor permit pursuant to this Chapter.
6.36.110 Sampling on the Pier and Third Street Promenade.
No person may engage in the activity of distributing samples of goods, wares,
merchandise, products or services on the Municipal Pier, Newcombe Pier or Third Street
Promenade without a permit or license from Downtown Santa Monica, Inc., or the Santa
Monica Pier Corporation issued in accordance with the corporation’s services agreement
with the City. Any such license or permit shall be conditioned so as to ensure compliance
with applicable laws and to protect the free flow of pedestrian traffic, emergency ingress
and egress, the aesthetic qualities of these public spaces, and public access to all
businesses and services.
6.36.140 Penalties.
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(a) Except as provided in subsection (b) of this Section, any person violating
this Chapter shall be guilty of an infraction which shall be punishable by a fine not
exceeding two hundred fifty dollars per violation.
(b) Any person violating Section 6.36.040 or 6.36.095 shall be guilty of an
infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or
a misdemeanor, which shall be punishable by a fine not exceeding one thousan d dollars
per violation, or by imprisonment in the County Jail for a period not exceeding six months,
or by both such fine and imprisonment.
SECTION 3. The City Council finds, based on the findings above and the reasons
set forth in the Staff Report accompanying this Ordinance, that it is necessary to adopt
this Ordinance as an emergency measure to preserve the public peace, health and safety.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the rema ining
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 unconstitutional without regard to whether any portion o f the ordinance
would be subsequently declared invalid or unconstitutional.
28
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall immediately effective
upon adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
Attachment F: Map of Proposed Location-Specific Vending Regulations
Staff has proposed specific vending regulations to create a safe business environment
for vendors and customers, ensure public safety, and protect the City’s public spaces.
Sidewalk vendors generally will not be allowed on roads, bike -paths and in parking lots,
and stationary vendors generally would not be allowed to conduct business in any park
with an exclusive concessionaire agreement, during the hours the concessionaire is
open for businesses. Staff has also proposed more specific vending restrictions at the
following locations: Santa Monica Pier; Palisades Park; Santa Monica State Beach;
Third Street Promenade and Transit Mall. The maps below show the areas of the
proposed location-specific vending regulations.
Downtown/Santa Monica State Beach
Santa Monica Pier
Staff recommends prohibiting vending on the Pier, the Pier Bridge, and within 100 feet
of any entrance or exit to the Pier or Pier Bridge, including stairs, ramps, elevators, and
plazas. The existing City managed and licensed Pier vending cart program will be
exempt from this prohibition.
Stationary
Stationary and Roaming
Palisades Park
Staff recommends prohibiting stationary vending in the Park within 500 feet of the
Ocean Avenue entrance point to the Pier bridge.
1600-1700 Blocks of Ocean Front Walk
Staff recommends no stationary vending on the beach and on the 1600 and 1700
blocks of Ocean Front Walk.
DTSM/Third Street Promenade
Staff recommends no stationary vending on the Promenade and the Transit Mall but
proposes to allow roaming vending.
Informe Ejecutivo
Hasta la fecha, la ciudad de Santa Mónica ha prohibido la mayoría de
ventas ambulantes. El año pasado, sin embargo, el Gobernador aprobó el Proyecto
de Ley del Senado (SB) 946, que despenalizó gran parte de la venta ambulante en
todo California y requiere que los gobiernos locales permitan la venta ambulante a
ocurrir en varios caminos públicos y veredas de la ciudad. Con el fin de equilibrar
la expansión de la oportunidad económica y al mismo tiempo que protege la salud
y la seguridad del público, el personal propone un programa de la venta ambulante
diseñado para: (1) ser consistente con la nueva ley del estado, (2) dar prioridad a la
salud y a la seguridad pública, (3) proteger el carácter escénico y natural de los
parques de la ciudad, (4) ampliar la oportunidad económica para aquellos que
deseen vender legalmente con los permisos requeridos, y (5) que sea
significativamente ejecutable.
Recomendaciones del Personal
El personal presenta su recomendación como una ordenanza de emergencia,
por lo que la nueva ley y los reglamentos asociados tendrán efecto inmediato. Esto
permitirá a la ciudad a preparar permisos, letreros y otros recursos que
implementarán para la temporada ocupada turística del verano. La participación y
la educación a gente que aspiran vender puede comenzar a ayudar a abrir el camino
para la venta ambulante permitida y legal que creará nuevas oportunidades
económicas.
El personal ha propuesto regulaciones específicas sobre la venta ambulante
para crear un ambiente de negocio seguro para los proveedores y clientes,
garantizar la seguridad pública y proteger los espacios públicos de la ciudad.
Algunas de las medidas de regulación incluyen requisitos para tener licencias y
permisos de la ciudad, condado y estado; límites razonables sobre el tamaño de
carritos ambulantes, y es la responsabilidad del proveedor de limpiar los residuos
generados por las operaciones del negocio.
No se permitirán vendedores ambulantes en las carreteras, en los carriles de
bicicletas, en los estacionamientos, y no se permite realizar negocios en ningún
parque con un concesionario exclusivo, durante las horas cuando el concesionario
está abierto para negocios. El personal también ha propuesto restricciones de venta
ambulante más específicas en los siguientes lugares:
El Muelle de Santa Monica: Ya que el Muelle es una estructura histórica estrecha
con puntos de acceso limitado que atrae a grandes multitudes, las actividades de
ventas ambulantes podrían hacer que el acceso sea aún más desafiante y crear
serios peligros para la salud y la seguridad. El personal recomienda prohibir la
venta ambulante en el muelle, en el puente del muelle, y dentro de 100 pies de
cualquier entrada o salida al muelle o puente del muelle, incluyendo escaleras,
rampas, ascensores y plazas. El programa de carritos ambulantes ya existentes que
tienen licencia y que son administrados por la ciudad son exentos de esta
prohibición.
El Parque Palisades: El Parque Palisades puede ser un lugar muy concurrido
lleno de visitantes, club de corredores, visitantes del autobús turístico, artistas
callejeros, y otros. También es un monumento local con una belleza paisajística y
natural. Para la seguridad de los vendedores y visitantes, y para proteger la belleza
escénica y natural del parque, el personal recomienda prohibir la venta estacionaria
en el parque dentro de 500 pies del punto de entrada de Ocean Avenue junto al
puente del muelle.
Playa Estatal de Santa Mónica: Garantizar el acceso adecuado a las actividades
recreativas, el mantenimiento adecuado de la playa, la seguridad pública y la
prevención de la comercialización son prioridades clave de la ciudad para la playa
estatal de Santa Mónica. El personal no recomienda ninguna venta estacionaria en
la playa y entre las cuadras 1600 y 1700 de Ocean Front Walk.
Third Street Promenade y Centro Comercial de Tránsito: Los carritos de
ventas ambulantes estacionarios harían que el camino de Third Street Promenade y
el centro comercial de tránsito sean extremadamente difíciles de acceder para
peatones y vehículos de bomberos y policías, especialmente en una situación de
emergencia. El personal no recomienda ninguna venta ambulante estacionaria en
Third Street Promenade ni en el centro comercial de tránsito pero propone permitir
la itinerantica ambulante.
Programa de Permisos para Vendedores Ambulantes:
El personal ha establecido un programa de permisos reglamentarios para los
vendedores ambulantes que requerirán a los vendedores ambulantes obtener una
licencia comercial y un permiso de proveedor de acera. Los vendedores que
cumplan con los criterios de aplicación recibirán un certificado de licencia
comercial y una calcomanía de permiso de vendedor de la acera. Además de los
requisitos establecidos en la ordenanza propuesta, el personal solicita autorización
para adoptar normas y reglamentos administrativos, de conformidad con la
ordenanza, para seguir regulando las actividades de la venta ambulante.
Para ayudar a los proveedores a tener éxito y vender legalmente, el personal
está creando un sitio web que proporciona información sobre cómo solicitar una
licencia comercial y un permiso de proveedor, las ordenanzas municipales, las
regulaciones administrativas pertinentes, y las preguntas más frecuentes. El
Departamento de Finanzas también acogerá una serie de talleres para ayudar a los
proveedores a llenar los materiales de la aplicación y responder preguntas. El
personal también planea animar y facilitar activamente la venta legal para que
ocurra en lugares deseables y permisibles que serían económicamente atractivos
para los vendedores, como el malecón Colorado (Colorado Esplanade).
Alternativas
Hay tres alternativas principales a la propuesta de personal:
1. Negarse a crear el programa de permisos. Esto podría limitar la capacidad de
la ciudad para administrar espacios llenos de gente y proteger la seguridad y la
salud pública.
2. Áreas ampliadas o reducidas de restricción. Menos restricciones también
podrían limitar la capacidad de la ciudad para administrar espacios llenos de
gente y proteger la seguridad pública. Las prohibiciones de ventas ambulantes
adicionales podrían requerir mas pruebas para demostrar por qué esa legislación
es necesaria y está directamente relacionada con la salud y la seguridad.
3. Creación de Distritos de Ventas Ambulantes Especiales. Esto abriría
oportunidades de ventas ambulantes en las actuales "no se permite la venta
ambulante" a través de la asignación y/o modelos de autorregulación con líderes
de proveedores. Sin embargo, esta opción requiere más recursos del personal
que los que actualmente son viables, pero el Consejo Municipal podría dirigir al
personal a explorar esta opción.
1
Vernice Hankins
From:Council Mailbox
Sent:Monday, April 8, 2019 10:06 AM
To:City Council Distribution Group
Cc:councilmtgitems; Rick Cole; Katie E. Lichtig; Anuj Gupta
Subject:FW: Rules for street vendors
Council‐
Please see the email below regarding the proposed vending ordinance.
Thank you,
Stephanie
‐‐‐‐‐Original Message‐‐‐‐‐
From: Mary [mailto:hubbellmary@gmail.com]
Sent: Monday, April 8, 2019 9:59 AM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>
Subject: Rules for street vendors
Dear Mayor and City Council,
I support your proposal to regulate street vendors to ensure the health and safety of the public.
I would also urge you to add a ban on the sale of single use styrofoam boogie boards and cheap plastic sand toys sold in
plastic netting. These items are sold by beach vendors and I believe one of the brick and mortar pier vendors.
These items pose a potential threat to the health and safety of sea birds and marine life. During the summer months, I
collect several of these discarded items daily along the shoreline. The boogie boards are broken and in many instances
the fabric is split releasing millions of tiny styrofoam balls that make their way into the bay and are then mistaken for
food by marine life and shore birds. The sand toys and their netting also end up in the bay.
Thank you for your attention to this important issue.
Mary Hubbell
Sent from my iPad
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April 8, 2019
Santa Monica City Council
1685 Main Street, Room 213
Santa Monica, CA 90401
Re: Comprehensive Sidewalk Vending Program and Emergency Ordinance
Dear Honorable City Council Members:
The LA Street Vendor Campaign (LASVC) writes to share our perspectives and
recommendations regarding Santa Monica’s proposed comprehensive Sidewalk Vending
Program and Emergency Ordinance.
Sidewalk vendors – workers selling delicious food and offering sought-after merchandise on
public sidewalks and in public parks – are such an important part of Santa Monica’s local
economy and culture. Many immigrant families excluded from other opportunities in the formal
economy turn to sidewalk vending for their economic survival. Sidewalk vending also generates
millions in local and state tax revenue as vendors buy supplies from local businesses and
circulate money in communities that are often ignored by mainstream capital. Vendors activate
commercial corridors, increase pedestrian foot traffic, provide healthy food retail, and provide
eyes on the street to make neighborhoods safer and more dynamic. It is imperative that Santa
Monica end the practice of criminalizing sidewalk vending and embrace a new program to
promote inclusive economic mobility, racial equity, and safe, vibrant public space.
Background on the LA Street Vendor Campaign
The LASVC is a coalition of various nonprofit organizations, community-based groups, labor
unions, and thousands of street vendors who have been working for years to create a thoughtful
permit system for sidewalk vendors in the City of Los Angeles. Collectively, we work to protect
the rights of street vendors and enhance economic opportunities for low-income entrepreneurs.
We have worked directly with thousands of vendors in all corners of the region to build
leadership and strengthen networks. We have created and implemented a robust vendor-driven
policy platform. We have coordinated legal clinics and provided direct legal services to vendors
enduring the unjust impacts of criminalization. We have created financial tools and technical
assistance programs to promote and sustain vendor business development. All of our work has
supported a broader movement to end unjust criminalization of poverty and enhance economic
opportunities for sidewalk vendors and their families. In 2018, we engaged closely with Senator
Lara to inform and support the passage of SB 946.
Members of our coalition have had the opportunity to meet on several occasions with Santa
Monica City staff to share our insights from our years of work on LA’s street vending ordinance,
and our deep knowledge of SB 946. In addition to these conversations with City staff, we were
pleased to participate in the City’s Vendor Town Hall on March 13, 2019.
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Drawing on these conversations, as well as our deep experience working with vendors, brick and
mortar businesses, and community stakeholders on the many details of a sidewalk vending
policy, we respectfully offer the following feedback on the staff report and draft ordinance.
1. Location-specific regulations
Create a special vending district on the Pier instead of a complete prohibition. In order to
protect the vendors within the new system, regulations should encourage equitable vending
opportunities in as many areas throughout the city as possible. We are concerned with the
staff report recommendation to prohibit all vending on the Pier. Instead, we recommend the
Council adopt the alternative option described on Page 21 and establish a special vending
district that balances stakeholder safety concerns with economic opportunity. We firmly
believe there is an opportunity to craft a thoughtful system that is responsive to legitimate
concerns regarding congestion on the Pier, while also creating some opportunities for
vendors – who are also an important part of the unique business community that makes the
Pier so dynamic – to continue contributing to the vibrancy of this landmark. A complete ban
on vending at the pier will only punish those pier vendors who want to create a workable and
pragmatic solution. In our experience, creating a limited system that encourages vendor buy-
in and promotes vendor leadership yields much greater compliance than a complete
prohibition. A special vending district is more inclusive, more equitable, and more likely to
succeed and reduce overall enforcement costs than trying to impose a complete ban.
2. Facilitating opportunities for permitted vending
Promote vending on the Colorado Esplanade. We appreciate City staff’s recognition of the
vital importance of pairing regulations with meaningful technical assistance and we applaud
the commitment to a variety of education, technical assistance and capacity building
strategies. As part of the suite of strategies to enhance opportunities, we fully support efforts
to build out and promote areas – like the Colorado Esplanade – that can accommodate a
higher concentration of vending. Promoting and supporting vending in this area can support
dynamic and active transit-oriented public space, and could be a model for other such areas
across the region.
Pursue collaboration with DPH. We also strongly support the commitment to working with
the LA County Department of Public Health (DPH) to lower barriers to entry for food
vendors while maintaining health and safety. In our experience working with thousands of
vendors across the region, it will be absolutely crucial to embrace new and innovative
strategies to help vendors navigate and comply with a complex, and often expensive, set of
food safety regulations. We are also actively engaging with DPH on these strategies and we
welcome the opportunity to coordinate conversations and find collective strategies.
3. Enforcement
Facilitate retroactive relief. We want to express our appreciation to the City Attorney’s office
for taking the important step of proactively dismissing all pending criminal vending cases
and ceasing to file any such criminal cases upon the passage of SB 946. Our coalition has
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been creating materials and planning trainings and clinics to help vendors access the
retroactive relief rights that are granted under the new law. We are eager to support Santa
Monica vendors seeking to dismiss previous convictions and would welcome the opportunity
to partner with the City on a referral process.
Phase-in enforcement. We support recommendations in the staff report regarding verbal
warnings and written notice to vendors that may be operating out of compliance with new
City regulations. In our experience, it is crucial that enforcement strategies lead with
education and outreach, especially in the early stages of a new program. Formalizing a sector
that has been relegated to the informal economy for so long requires patience and a
commitment to meaningful engagement. We are concerned that the proposed implementation
timeline suggests that enforcement of restrictions begin at the same time as application intake
(May, 2019). It would be unreasonable and counter-productive to begin citing and fining
vendors for not having a permit immediately after making permits available. We urge the
City to commit to a period of outreach and education about new program rules and
requirements before any citations or fines are issued.
Do not include impounding. We urge the Council to not adopt impounding procedures as part
of the sidewalk vending enforcement program. Confiscation of vendors’ property - which has
proven to be a procedural and legal morass - is an ineffective and inappropriate deterrent. It
is antithetical to the values of justice and economic mobility, and is inconsistent with an
otherwise balanced and humane enforcement program.
4. Permits
Inclusive Identification requirements. The draft ordinance would require a vendor to obtain
both a business license and a sidewalk vending permit. Requirement for each must be
consistent with AB 2184. Effective January 1, 2019, this new law requires Santa Monica to
accept new forms of identification in lieu of a social security number, if Santa Monica
otherwise requires a social security number for the issuance of a business license. These
accepted forms include: a California driver’s license; a California identification number; an
individual taxpayer identification number (ITIN); or a municipal identification number. AB
2184 also requires local governments to prevent the disclosure of residential addresses of
certain business owners and to protect the personal information, as defined in the law, of all
business license applicants. SB 946 includes similar provisions relating to any sidewalk
vending permit program. We urge the Council to ensure that Santa Monica’s business license
and sidewalk vending permit procedures meet the requirements of this law.
Create healthy vending incentives. We urge the Council to consider establishing a healthy
vending incentive program within the permitting framework. Creating healthy food
incentives—such as offering waived or reduced permit fees or permits for preferential
locations to vendors that sell healthy food—will encourage the sale of fresh, affordable
produce, promote healthy food consumption across the City, and provide a more affordable
vending business models for these micro-entrepreneurs.
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***
Adopting an inclusive sidewalk vending program is an important moment for Santa Monica– a
chance to further promote economic opportunity, racial equity, and a vibrant public space. We
applaud City staff for the thoughtfulness and intentionality they have devoted to this important
and complex process, and we ask the Council to now consider the above recommendations,
incorporate them into the Sidewalk Vending Program and Emergency Ordinance, and take this
important action to legalize and support sidewalk vending in Santa Monica.
Sincerely,
The Los Angeles Street Vendor Campaign
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Vernice Hankins
From:Ann Hoover <annkbowman@yahoo.com>
Sent:Tuesday, April 9, 2019 10:00 AM
To:Council Mailbox; councilmtgitems; Councilmember Kevin McKeown; Gleam Davis; Terry
O’Day; Sue Himmelrich; Greg Morena; Ana Maria Jara; Ted Winterer
Cc:Rick Cole; Katie E. Lichtig
Subject:April 9, 2019 Council Meeting - Street Vendors - Item 7.C.
PLEASE RESTRICT FOOD TRUCKS ALONG OCEAN AVENUE BETWEEN THE PIER AND
WILSHIRE BOULEVARD - THANK YOU.
Dear Mayor Davis and Esteemed Councilmembers --
I applaud the effort to restrict the areas in which food trucks may do business. However, please also extend
the restriction (see the map that Staff has provided to you) along Ocean Avenue from the Pier up to Wilshire
Boulevard. In addition to the pedestrian safety and other considerations summarized in the Staff Report,
allowing food trucks to park along Ocean Avenue materially impacts the visitor experience to Santa
Monica.
For instance, we ate recently in one of the restaurants that line the East side of Ocean Avenue. A large part of
the charm of those generally high-priced establishments is that they offer a view of the park and of the ocean
beyond. However, on this occasion food trucks lined the West side of Ocean Avenue and so our view was just
of the food trucks. No park view. No ocean view.
I walk or drive in this area regularly and see the food trucks lined up blocking the views regularly too.
Allowing the food trucks to park along Ocean Avenue diminishes the value of those restaurants & adds to the
already unpleasantly chaotic experience of this part of town. If I owned one of the restaurants, I'd be pissed. If
I was a tourist who came from far away to enjoy an expensive meal and look out at the ocean, I'd be pissed too,
having to look at a line of food trucks instead.
I therefore urge you additionally to ban the food trucks on Ocean Avenue between the Pier and Wilshire
Blvd. as they diminish the experience of that part of Ocean Avenue, the park, and the ocean view for
everyone.
As always, thank you for your time and your consideration --
Best,
Ann Hoover
Resident, 23 years
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Board Members, Cont.
Kiersten Elliott
Santa Monica College
Sara Escobar
HULU
Jeffrey Fritz
Coldwell Banker
Annie Goeke
Earth Rights Institute
Stephanie Harris
Carlthorp School
Jeff Jarow
PAR Commercial Real Estate
Kevin Kozal
Harding Larmore Kutcher &
Kozal
Robert Kull
The Lobster
Julia Ladd
Macerich/Santa Monica Place
Marcel Loh
Providence St John’s Health
Center
John Loyacono
Bank of America
Brian MacMahon
Expert Dojo
Jennifer McElyea
Watt Investment Partners
Susan Gabriel Potter
Bob Gabriel Insurance
Evan Pozarny
Muselli Commercial Realtors
Julie Reback Spencer
Cedars Sinai
Ali Sahabi
Optimum Seismic
Heather Somaini
Lionsgate
John Warfel
Metropolitan Pacific
David Woodbury
Arthur Murray Dance Center
Chair
Jeff Klocke
Pacific Park on the Santa
Monica Pier
Past Chair
West Hooker-Poletti
Caffe Bella
Chair Elect
Laura McIver
Shutters Hotel on the
Beach
Treasurer
Len Lanzi
Los Angeles Venture
Association
Vice Chairman
Colby Goff
Rustic Canyon Family of
Restaurants
Vice Chairman
Richard Chacker
Perry’s Café and Bike
Rentals
Vice Chairman
Dave Rand
Armbruster Goldsmith &
Delvac
Vice Chairman
Ellis O’Connor
MSD Hospitality LLC
Vice Chairman
Peter Trinh
Avery, Craftsman Bar &
Kitchen
Board Members
Daniel Abramson
RAND Corporation
Alisha Auringer
LAcarGuy
Judy Barker
Barker Hangar
Josh Bradburn
Charles Schwab & Co.
Ted Braun
UCLA Health
Gauri Brienda
Gauri Brienda
Consultancy
Bettina Duval
BRDBND
April 9, 2019
Santa Monica City Council
1685 Main Street
Santa Monica, CA 90401
Re: Item 7.C – Comprehensive Sidewalk Vending Program
Dear Mayor Davis and City Council Members:
The Santa Monica Chamber of Commerce expresses its
support for tonight’s emergency ordinance creating a
sidewalk vending program.
While this ordinance is not perfect, the Chamber recognizes
the limits placed on the city by SB 946, which decriminalized
sidewalk vending in all of California on January 1 of this
year.
Since that time, vending has grown exponentially from mere
nuisance to public safety hazard, especially on and around the
Pier.
We agree with staff’s assessment that the Pier is unsuitable
for any vending beyond the existing Vending Cart Program,
due to its limited space and historic wooden structure which
leaves it particularly vulnerable to overcrowding and open
flames.
In the future, we would like to see state law amended to give
the City greater authority to control vending within city
limits. It is imperative that the City be able to ensure all
businesses operating in Santa Monica—whether in brick-and-
mortar locations, stationary carts, or roaming—operate on a
level playing field and adhere to all existing city, state, and
federal regulations.
Likewise, the City must be able to protect its brand as a safe,
fun, and pleasant place to visit. While well-intentioned, SB
946 does not give the City all the tools it needs to achieve
these goals.
Until such time as state law is amended, the Chamber
supports the City’s current efforts and stands ready to provide
feedback and assist in any other way necessary to ensure the
Sidewalk Vending Program is as successful as possible.
Sincerely,
Laurel Rosen
President/CEO
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REFERENCE:
ORDINANCE NO.
2607 (CCS)