HomeMy WebLinkAbout2077ORDINANCE NO. 2077
' AN ORDINANCE OF, THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89
TO THE PALM SPRINGS MUNICIPAL CODE,
ESTABLISHING REGULATIONS ON SIDEWALK VENDING
IN COMPLIANCE WITH SENATE BILL 946; AND AN
AMENDMENT . TO CHAPTER 5.48 RELATIVE TO
COMMERCIAL SOLICITATION.
City Attorney's Summary
The proposed ordinance adopts licensing and operational
standards for sidewalk vendors pursuant to Senate Bill 946.
In addition, amendments to the City's Mobile Food Vending
Vehicle (food truck) ordinance are proposed to provide parity
with the sidewalk vending regulations and encourage food
truck businesses.
A. The City of Palm Springs, California ("City') is a municipal corporation, duly
organized under the California Constitution and laws of the State of California; and
B. Pursuant to the police powers delegated to it by the California Constitution,
' the City has the authority to enact laws which promote the public health, safety, and
general welfare of its citizens, including sidewalk vending, as long as these are consistent
with SB 946; and
C. In 2018, the California Legislature passed SB 946 which prohibits cities from
regulating sidewalk vendors, except in accordance with the provisions of SB 946; and
D. SB 946 states that it applies to both charter and general law cities; and
E. SB 946 authorizes the implementation of regulations that are directly related
to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors
to operate only in a designated neighborhood or area, except as specified; and
F. The permit requirements proposed are consistent with SB 946, as they are
reasonable, related to objective health, safety, and welfare concerns, and are based upon
compliance with other generally applicable laws including the Americans with Disabilities
Act; and
G. The standards imposed on stationary sidewalk vendors requiring a
minimum path of accessible travel are necessary to comply with the Americans with
Disabilities Act and maintain minimum safe access along public sidewalks; and
H. Standards for maintaining access to building entrances, and not blocking
driveways, fire hydrants, parking areas and building storefront windows are necessary to
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guard the health and safety of patrons; drivers, vendors and existing business owners I
and promote fire suppression and law enforcement practices that allow the City's safety
personnel to observe activities within buildings and maintain access; and
I. The City Council finds and determines that the installation, repair,
maintenance, and removal of encroachments in the public way must be regulated in order
to protect the public health, safety, and welfare and to provide for the orderly
administration and maintenance of the public access ways for the benefit of the
community, while at the same time allowing reasonable accommodation and cooperative
flexibility for providing necessary utility and other convenience services to the community;
and
J. The City Council finds that public and private persons who maintain and/or
install encroachments in the public way bear a responsibility to help preserve the public
way and to contribute to the administrative and liability costs incurred by the community
and caused by such encroachments; and
K. The City Council finds that, unless properly regulated, sidewalk vending
poses a unique risk to the health, safety, and welfare of the public, including, but not
limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving
food preparation, and consumer protection; and
L. The inherent nature of sidewalk vending and the ability of such vendors to ,
be located on private property and public streets and move quickly from place to place in
the community warrants imposing certain regulatory measures to protect the health,
safety, and welfare of the community; and
M. SB 946 continues to authorize cities to prohibit sidewalk vendors in areas
located within the immediate vicinity of a permitted certified farmer's 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 a city;
and
N. The City Council finds that, unless properly regulated, sidewalk vending in
public parks may infringe on the use and enjoyment of the park, and regulations are
necessary to prevent an undue concentration of commercial activity that interferes with
the scenic and natural character of the park; and
O. Fraud or misrepresentation in the course of vending constitutes an objective
harm to the health, safety, and welfare of the City's residents; and
P. Fraud or misrepresentation in the application for the permit constitutes an
objective harm to health, safety, and welfare of the City's residents; and
Q. Vending in a manner that creates a public nuisance or constitutes a danger I
to the public constitutes an objective harm to the health, safety, and welfare of the City's
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residents; and
R. The City Council finds it necessary to prohibit sidewalk vendors during
designated times of day on certain portions of Palm Canyon and Arenas when there is
heavy pedestrian traffic such that it poses health and safety risks to pedestrians as it can
block sidewalks, can force some pedestrians to walk on the street, and can block views
of drivers of vehicles turning onto or from those streets; and
S. The permit requirements for sidewalk vendors are compliant with Senate
Bill 972, which became effective January 1, 2023, which exempts certain kinds of
sidewalk vendors from needing a county permit before selling prepackaged non -
potentially hazardous food.
T. The City Council desires to regulate sidewalk vending in a way that
encourages entrepreneurship and the creation and operation of small businesses.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the findings and determinations reflected above are true and
correct and are incorporated by this reference herein as the cause and foundation for the
' action taken by the and through this Ordinance.
SECTION 2. Chapter 5.89 is hereby added to the Palm Springs Municipal Code
to read as follows:
"Chapter 5.89 SIDEWALK VENDING.
Section 6.89.010 Purpose.
The City finds that the vending of prepared or pre -packaged foods, goods, and/or wares
at semi -permanent locations on public sidewalks and rights -of -way may pose unsafe
conditions and special dangers to the public health, safety, and welfare of residents and
visitors. The purpose of this Chapter is to implement regulations on both roaming and
stationary sidewalk vending that protect the public health, safety, and welfare of the
community while complying with the requirements of general state law, as amended from
time to time, to promote safe vending practices, prevent safety, traffic, and health
hazards, and preserve the public peace, safety, and welfare of the community.
Section 5.89.020 Definitions.
For purposes of this Chapter, the following definitions apply:
' A. "Certified Farmers Market' means a location operated in accordance with Chapter
10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural
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Code and any regulations adopted pursuant to that chapter.
B. "City" means the City of Palm Springs.
C. "Park" means a public park owned by the City.
D. "Roaming sidewalk vendor or vending" means a sidewalk vendor who moves from
place to place and stops only to complete a transaction.
E. "Sidewalk vendor or vending" means a person who sells, offers to sell, operates,
engages in, or carries on a food or merchandise vending business 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 public
pedestrian path. "Sidewalk vendor or vending" does not mean a "solicitor," as that
term is defined in PSMC Section 5.48.010. "Sidewalk vendor or vending" does not
include a vendor on private property; such vendors are regulated by Palm Springs
Zoning Code Section 94.02.01, which requires a land use permit for such use.
F. "Stationary sidewalk vendor or vending" means a sidewalk vendor who vends from
a fixed location.
G. "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 I
Code, and any regulations adopted pursuant to that article.
H. "Temporary Special Event" means an event that is permitted pursuant to Palm
Springs Zoning Code Section 94.02.01, or as otherwise permitted and authorized
by the City.
Section 6.89.030 Permits Required.
A. Each sidewalk vendors shall obtain a business license from the City prior to
engaging in any sidewalk vending activities. Each sidewalk vendor shall obtain a
separate business license for each location within the City where the vendor will
be vending. The following information shall be required:
Name, current mailing address, and phone number of the vendor.
2. If the vendor is an agent of an individual, company, partnership; or
corporation, the name and business address of the principal.
3. A description of the merchandise/goods to be offered for sale or exchange,
and the days/hours of sales.
4. A copy of the California seller's permit with the sales tax number issued by '
the California Department of Tax and Fee Administration to the vendor.
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' 5. A copy of the valid California Driver's license issued to the vendor, a copy
of the individual taxpayer identification number issued to the vendor or a
municipal identification number. Any such identification number(s) or
license(s) collected shall not be available to the public for inspection and
shall remain confidential and 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.
6. If preparing or selling food, a copy of the County Health Department permit
issued to the vendor, except when the sidewalk vendor consists solely of
twenty-five (25) square feet or less of display area from which only
prepackaged non -potentially hazardous food and whole uncut produce will
be sold. If potentially hazardous food or cut produce will be sold or the food
or the display area is greater than twenty-five (25) square feet, the vendor
must provide a copy of the County Health Department permit issued to the
vendor.
7. If the vendor proposes to be a sidewalk vendor, a description or site plan
map of the proposed location(s) where vending will take place, showing that
the sidewalk location maintains a minimum of forty-eight inches (48") of
unobstructed accessible route area, in compliance with the Americans with
Disabilities Act.
8. A copy of general liability policy naming the City as additional insured in the
amount of $1,000,000 per occurrence and $2,000,000 combined.
A certification by the vendor that to his or her knowledge and belief, the
information contained in the application is true.
B. At the time the application or renewal application is filed, the application shall pay
the permit processing fee established, and amended from time to time, by separate
resolution of the City Council.
Section 5.89.040 Review of Permit Application; Decision.
A. Upon acceptance of a properly completed and filed sidewalk vendor permit
application, the City Manager or designee shall conduct a preliminary investigation
to determine compliance with this Chapter and shall make such determination
within no more than thirty (30) days of acceptance to approve or deny the
application. The City Manager or designee shall provide the applicant with written
notice of their decision to the address indicated in the application.
' B. The City Manager or designee may deny an application for a permit if they make
any of the following findings:
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1. The applicant has failed to pay the application permit fee. '
2. The applicant has made one or more material misstatements in the
application for a permit.
3. The applicant does not have a valid California Driver's license; or valid
individual taxpayer identification number; or a municipal identification
number.
4. The applicant's vending operation, as described in the application, is
inconsistent with the standards, conditions, and requirements of this
Chapter.
5. It is determined that the applicant does not possess all federal, state, and
local permits and licenses necessary to engage in the activity in which they
seek to engage.
C. If the application is denied, the reasons for disapproval shall be noted on the
application, and the applicant shall be notified that their application is denied and
that no permit will be issued. Notice shall be mailed to the applicant at the address
shown on the application form.
D. If the City Manager or designee approves the applicant's permit, they shall endorse
their approval on the application and shall, upon payment of the prescribed fee,
deliver the permit to the applicant.
E. Exemptions. A sidewalk vending permit shall not be required for the following
activities:
1. The sale of agriculture products on the site where the product is grown.
2. Catering for private parties held exclusively on private property and not
open to the general public.
3. Events permitted pursuant to a lawfully issued temporary event permit
including but not limited to a Certified Farmers Market, Swap Meet, street
fairs, outdoor concerts, sport league opening day, and business sidewalk
sales.
4. First Amendment protected vending.
F. Term of permit. A business license issued pursuant to this Chapter shall
automatically expire one (1) year from the date issued, unless an earlier expiration
date is noted on the permit. '
G. Transferability. A sidewalk vending permit shall not be transferable to any other
Ordinance No. 2077
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entity or person and is valid only as to the original applicant for the term stated.
Section 5.89.050 Stationary Sidewalk Vending Locations and Standards.
A. Stationary sidewalk vendors shall be prohibited from operating or establishing in
any residential zone of the City, including the G-R-5, R-1, R-G-A, R-2, R-3, R-4,
R-44P. and R-MHP zones.
B. Stationary sidewalk vendors may operate in non-residential zones of the City,
including mixed use zones, provided they meet the following:
The sidewalk vendor is duly licensed and meets all requirements of section
5.89.030; and
2. The sidewalk vendor can set up their vending operation while still leaving a
minimum of forty-eight inches (48") of unobstructed accessible path of
travel, without obstruction, along the public sidewalk or public pathway; and
3. If the sidewalk vendor is selling food, the sidewalk vendor shall display a
valid Health Permit issued by the County in a conspicuous location, except
when the sidewalk vendor consists solely of twenty-five (25) square feet or
less of display area from which only prepackaged non -potentially hazardous
' food and whole uncut produce will be sold. If potentially, hazardous food or
cut produce will be sold or the food display area is greater than twenty-five
(25) square feet, the vendor must display a valid Health Permit issued by
the County in a visible location; and
4. Any sidewalk vendor food cart shall possess a current County decal sticker
posted on the food cart, except when the sidewalk vendor consists solely of
twenty-five (25) square feet or less of display area from which only
prepackaged non -potentially hazardous food and whole uncut produce will
be sold. If potentially hazardous food or cut produce will be sold or the food
display area is greater than twenty-five (25) square feet, the vendor must
post on the food cart a current decal sticker; and
5. If the sidewalk vendor is selling food, all employees shall possess a current
food handler's card, issued by the County; and
6. Sidewalk vending hours shall be conducted only between the hours of one-
half hour before sunrise and 3:00 AM of every day; and
7. The sidewalk vendor must maintain the vending area in a clean, orderly,
and sanitary condition, including upon departure of the vending area after
' its use; and
8. No vending shall occur within ten (10) feet of any entrance or exit of any
Ordinance No. 2077
Page 8
building, or any driveway, parking space or building window; and ,
No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus
stop, loading zone, handicapped parking space or access ramp, bike rack,
public bench,, fire station driveway, or police station driveway; and
10. No dining tables, chairs, fences, or other site furniture shall be permitted in
conjunction with the vendors vending activities. Sidewalk vendors may
have one umbrella or tent structure, not to exceed one hundred (100)
square feet in area; the umbrella or tent structure shall not encroach ihto
the accessible path of travel or onto private property; and
11. During operations, no food shall be stored, displayed, or served from any
place other than the approved food cart. The use of side units, coolers,
benches, or tables for food preparation, storage or display is prohibited; and
12. Vendors selling food potentially hazardous food products shall provide a
refuse container for customers within twenty (20) feet of the food cart; and
13. The vendor may have a maximum of one (1) sign not to exceed eight (8)
square feet in area, or two (2) signs not to exceed four (4) square feet in
area each. The signage must be affixed to the cart, showcase, rack,
umbrella, or tent structure, and shall not be freestanding; and ,
14. The vendor shall not attach or use any water lines, electrical or
telecommunication lines, or gas lines during vending operations; and
15. Any lighting associated with the vending 'operation shall be downward
directed and shall comply with the outdoor lighting requirements listed in
Section Palm Springs Zoning Code Section 93.21.00; and
16. Exterior storage or display of refuse, equipment, materials, goods, wares,
or merchandise associated with the vendor is prohibited; and
17. Vendors utilizing sound amplifying devices or musical instruments shall be
subject to the requirements of Section 11.74.043(f) of the Palm Springs
Municipal Code; and
18. No vending shall occur within two hundred (200) feet of a Certified Farmers
Market, a Swap. Meet, or an event held pursuant to a Temporary Event
Permit; and
19. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil,
etc.) onto or into the City streets, storm drains, catch basins, or sewer I
facilities. Any discharge shall be contained and properly disposed of by the
sidewalk vendor; and
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' 20. Due to issues of traffic visibility, no vending shall occur within a corner cutoff
area. A corner cutoff area is that area at all intersecting.and intercepting
streets or highways. The cutoff line shall be in a horizontal plane, making
an angle of forty-five (45) degrees with the side, front, or rear property line,
as the case may be. It shall pass through the points located on both sides
and front or rear property lines at a distance of thirty (30) feet from the
intersection of such lines at the corner of a street or highway; and
21. Sidewalk vendors shall comply with all applicable fire code requirements in
the use of an open flame or charcoal in the preparation of food products.
Any smoke or odors produced through the preparation of food products
shall be subject to the regulations contained in Palm Springs Municipal
Code Section 6.08.020; and
22. Due to increased pedestrian and vehicular traffic during these times, no
vending shall occur from Friday through Sunday during the hours of 4:00
PM to 11:00 PM from October 1st through April 30th on Palm Canyon
between Baristo Road to the south and Alejo Road to the north or on Arenas
between Indian Canyon Drive to the west and Calle Encilia to the east; and
23. Sidewalk vendors and any employees and agents must comply with all
applicable federal and state labor laws and regulations; and
24. This Chapter shall not be construed to prevent sidewalk vendors from
entering into partnerships or other arrangements with restaurants to use
those restaurants' kitchens or restroom facilities, or both, so long as such
restaurant facilities remain compliant with applicable laws and regulations,
including, but not limited to, Riverside County Environmental Health laws
and regulations.
25. Sidewalk vendors shall use Reusable Food Service Ware and Reusable
Food Service Ware Accessories in accordance with Palm Springs Municipal
Code Chapter 5.87.
Section 5.89.060 Sidewalk Vending in Parks, Certified Farmers Markets.
A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited
in any City Park with a concession stand operated by a vendor under exclusive
contract with the City selling similar food or merchandise or in an area occupied by
a Certified Farmers Market.
B. Sidewalk vendors may operate in City Parks provided they meet the following:
' 1. The sidewalk vendor is duly licensed and meets all requirements of section
5.89.030; and
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Page 10
2. For stationary sidewalk vending, the sidewalk vendor can set up their ,
vending operation while still leaving a minimum of forty-eight inches (48") of
unobstructed accessible path of travel, without obstruction, along the public
sidewalk or public pathway. Stationary sidewalk vendors may also set up
their vending operation in the grassed areas of public parks provided such
area is not utilized as an athletic field; and
3. The sidewalk vendor shall cease operations one (1) hour prior to the close
of the park but may still be present in the park until the time of park closure
in order to pack up their things and/or enjoy the park; and
4. The sidewalk vendor maintains the vending area in a clean, orderly, and
sanitary condition, including upon departure of the vending area after its
use; and
5. If the sidewalk vendor is selling food, the sidewalk vendor shall display a
valid Health Permit issued by the County in a conspicuous location, except
when the sidewalk vendor consists solely of twenty-five (25) square feet or
less of display area from which only prepackaged non -potentially hazardous
food and whole uncut produce will be sold. If potentially hazardous food or
cut produce will be sold or the food or the display area is greater than
twenty-five (25) square feet, the vendor must display a valid Health Permit ,
issued by the County in a conspicuous location; and
6. Any sidewalk vendor food cart shall possess a current County decal sticker
posted on the food cart, except when the sidewalk vendor consists solely of
twenty-five (25) square feet or less of display area from which only
prepackaged non -potentially hazardous food and whole uncut produce will
be sold. If potentially hazardous food or cut produce will be sold or the food
display area is greater than twenty-five (25) square feet, the vendor must
post on the food cart a current decal sticker; and
7. No vending shall occur within ten (10) feet of any entrance or exit of any
building, or any driveway, parking space or building window; and
8. No dining tables, chairs, fences, or other site furniture shall be permitted in
conjunction with the vendors vending activities. Sidewalk vendors may
have one umbrella or tent structure, not to exceed one hundred (100)
square feet in area; the umbrella or shade structure shall not encroach into
the accessible path of travel; and
9. During operations, no food shall be stored, displayed, or served from any
place other than the approved food cart. The use of side units, coolers, '
benches, or tables for food preparation, storage or display is prohibited; and
Ordinance No. 2077
Page 11
10, Vendors selling food potentially hazardous food products shall provide a
refuse container for customers within twenty (20) feet of the food cart; and
11. Vendors utilizing sound amplifying devices or musical instruments shall be
subject to the requirements of Section 11.74.043(f) of the Palm Springs
Municipal Code; and
12. The vendor may have a maximum of one (1) sign not to exceed eight (8)
square feet in area, or two (2) signs not to exceed four (4) square feet in
area each. The signage must be affixed to the cart, showcase, rack,
umbrella, or tent structure, and shall not be freestanding; and
13. Any lighting associated with the vending operation shall be downward
directed and shall comply with the outdoor lighting requirements listed in
Palm Springs Zoning Code Section 93.21.00.
14. No vending shall occur within the two hundred feet (200') of an event held
pursuant to a Temporary Event Permit, a Swap Meet, or an event held
pursuant to a Temporary Event Permit; and
15. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil,
etc.) onto or into City streets, storm drains, catch basins, or sewer facilities.
All discharges shall be contained and properly disposed of by the sidewalk
vendor; and
16. Due to issues of traffic visibility, no vending shall occur within a corner cutoff
area. A corner cutoff area is that area at all intersecting and intercepting
streets or highways. The cutoff line shall be in a horizontal plane, making
an angle of forty-five (45) degrees with the side, front, or rear property line,
as the case may be. It shall pass through the points located on both sides
and front or rear property lines at a distance of thirty (30) feet from the
intersection of such lines at the corner of a street or highway.
17. Sidewalk vendors and any employees and agents must comply with all
applicable federal and state labor laws and regulations.
18. Sidewalk vendors shall use Reusable Food Service Ware and Reusable
Food Service Ware Accessories in accordance with Palm Springs Municipal
Code Chapter 5.87.
Section 5.89.070 Roaming Sidewalk Vending.
A. Roaming sidewalk vendors shall meet the following:
' 1. The,sidewalk vendor is duly licensed and meets all requirements of section
5.89.030; and
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Page 12
2. Sidewalk vending hours for residential zones shall be conducted between '
the hours of one-half hour before sunrise and one-half hour after sunset;
and
3. Sidewalk vending hours for non-residential zones shall be conducted only
between the hours of one-half hour before sunrise and 3:00 AM of every
day; and
4. The sidewalk vendor maintains their temporary vending area in a clean,
orderly, and sanitary condition, including upon departure of the vending
area after its use; and
5. No vending shall occur within ten (10) feet of any entrance or exit of any
building, or any driveway, parking space or building window; and
6. The vendor may have a maximum of one (1), sign not to exceed eight (8)
square feet in area; and
7. Vendors utilizing sound amplifying devices or musical instruments shall be
subject to the requirements of Section 11.74.043(o of the Palm Springs
Municipal Code; and
8. No vending shall occur within two hundred (200) feet of a Certified Farmers '
Market, a Swap Meet, or an event held pursuant to a Temporary Event
Permit; and
9. Due to issues of traffic visibility, no vending shall occur within a corner cutoff
area. A corner cutoff area is that area at all intersecting and intercepting
streets or highways. The cutoff line shall be in a horizontal plane, making
an angle of forty-five (45) degrees with the side, front, or rear property line,
as the case may be. It shall pass through the points located on both sides
and front or rear property lines at a distance of thirty (30) feet from the
intersection of such lines at the corner of a street or highway; and
10. Due to increased pedestrian and vehicular traffic during these times, no
vending shall occur from Friday through Sunday during the hours of 4:00
PM to 11:00 PM from October 15t through April 30th on Palm Canyon
between Baristo Road to the south and Alejo Road to the north or on Arenas
between Indian Canyon Drive to the west and Calle Encilia to the east; and
11. Sidewalk vendors and any employees and agents must comply with all
applicable federal and state labor laws and regulations.
Section 5.89.080 Sidewalk Vending Zones. '
Ordinance No. 2077
Page 13
' The City Council may establish sidewalk vending zones by resolution to encourage
sidewalk vending activity in areas where impacts to public health, safety and welfare are
minimized. In establishing sidewalk vending zones, the City Council may waive certain
operational standards of this Chapter, including hours of operation, shade structure
limitations, site furniture limitations, and other similar standards provided such waivers
are identified in the adopting resolution.
Section 5.89.090 Suspension; Rescission.
A. A sidewalk vendor permit issued under this Chapter may be suspended or
rescinded by the City Manager or designee after two or more violations of this
Chapter in accordance with Section 5.89.100 of this Chapter, at their discretion,
for any of the following causes:
Fraud or misrepresentation in the course of vending;
2. Fraud or misrepresentation in the application for the permit;
3. Vending in a manner that creates a public nuisance or constitutes a danger
to the public.
B. Notice of the suspension or rescission of a sidewalk vendor permit issued under
this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor
permit at his or her last known address.
C. No person whose street vending permit has been revoked pursuant to this chapter
shall be issued a street vending permit for a period of two (2) years from the date
revocation becomes final. .
Section 5.89.100 Appeals.
In the event that any applicant or permittee desires to appeal from any order, rescission,
or other ruling of the City Manager or designee made under the provisions of this Chapter,
such applicant or any other person aggrieved shall have the right to appeal such action
or decision pursuant to PSMC Section 3.68.010.
Section 5.89.110 Penalties.
A. It is unlawful for any person to violate any provision or fail to comply with any
requirements of this Chapter. A violation of this Chapter shall by punished by:
1. An administrative fine not exceeding $50 for a first violation.
' 2. An administrative fine not exceeding $100 for a second violation within one
(1) year of the first violation.
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Page 14
3. An administrative fine not exceeding $250 for each additional violation
within one (1) year of the first violation.
B. A violation of vending without a sidewalk vending permit, may, in lieu of the
penalties set forth in subsection (A), set forth above, be punished by:
An administrative fine not exceeding one -hundred twenty five ($125) dollars
for a first violation.
2. An administrative fine not exceeding five hundred dollars ($500) for a
second violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000) for each
additional violation within one (1) year of the first violation.
C. If an individual is subject to subsection (B), set forth above, for vending without a
sidewalk vending permit, upon the individual providing proof of a valid permit
issued by the City, the administrative fines set forth in this Chapter shall be reduced
to the administrative fines set forth in subsection (A), respectively.
D. The proceeds of any administrative fines assessed pursuant to this Chapter shall
be deposited in the treasury of the City.
E. Failure to pay an administrative fine assessed under this Chapter shall not be
punishable as an infraction or misdemeanor. Additional fines, fees, assessments,
or any other financial conditions beyond those authorized in this Chapter shall not
be assessed. .
F. Any violation of this Chapter shall not be punishable as an infraction or
misdemeanor, and any person alleged to have violated any provisions of this
Chapter shall not be subject to arrest except when otherwise permitted under law.
G. When assessing an administrative fine pursuant to this Chapter, the adjudicator
shall take into consideration the person's ability to pay the fine. The City 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.
If the person meets the criteria described in subdivision (a) or (b) of
Government Code section 68632, the City shall accept, in full satisfaction,
twenty (20) percent of the administrative fine imposed pursuant to this I
Chapter.
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Page 15
2. The City 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.
H. 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 SB 946 had SIB 946 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.
I. Nothing contained in this Chapter shall be construed to impede the City's or
County's ability to enforce County Health Department codes and regulations. In
addition, nothing contained in this Chapter shall be construed as limiting the
application of any other federal, state or local laws, including, without limitation,
laws regulating the display or sale of "harmful matter" pursuant to California Penal
Code sections 313 et seq., or the sale of counterfeit goods pursuant to California
Penal Code 350."
h -
SECTION 3. Section 5.48.010 of the Palm Springs Municipal Code is hereby
amended to rescind and replace the definition of "Solicitor" as follows:
""Solicitor' means any person, whether a resident of the city or not, engaged in
solicitation. The term "solicitor" does not include any person carrying, conveying,
delivering, or transporting dairy products, newspapers or other goods to regular
customers on established routes or to the premises of any person who had
previously ordered such products or goods and is entitled to receive the same, nor
does it include a "sidewalk vendor or vending," as that term is defined in PSMC
Section 5:89.020."
SECTION 4. Severability. If any section, sentence, clause or phrase of this
Ordinance or the application thereof to any entity, person or circumstance is held for any
reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are
severable. The City Council of the City of Palm Springs hereby declares that it would
have adopted this Ordinance and each section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
SECTION 5. This Ordinance is exempt from the requirements of the California
Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines, as it is not a
"project" and has no potential to result in a direct or reasonably foreseeable indirect
physical change to t1e,-environment'[-14 Cal. Code Regs. § 15378(a)]. Further, this
Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its
implementation would have a significant negative effect on the environment [14 Cal. Code
Ordinance No. 2077
Page 16
Regs. § 15061(b)(3)]. '
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS
14TH DAY OF SEPTEMBER 2023.
RACE ELEN GARNER
MAYOR
ATTEST: A ' , /
/(�J�
BRENDA PREE, MMC, CERA
CITY CLERK
CERTIFICATION '
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2077 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on June 5, 2023, and adopted at a
regular meeting of the City Council held on September 14, 2023, by the following vote:
AYES: Councilmembers deHarte and Holstege, Mayor Pro Tem Bernstein, Mayor
Garner
NOES: Councilmember Middleton
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 26'h day of September 2023.
I -All, 9 1'/
BRENDA PREE, MMC, CERA
CITY CLERK