11 Sildewalk Vending Ordinance ITEM NO, 11.
5 TOWN OF LOS GATOS MEETING DATE: 11/19/2024
Jpt.1t� COUNCIL AGENDA REPORT ITEM NO: 11
•
DATE: November 5, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan,Town Attorney
SUBJECT: Introduce an Ordinance Amending the Town Code Chapter 14 Related to
"Peddlers and Solicitors" and Replacing Article VII "Pushcarts" with "Sidewalk
Vending."
Ordinance Title:An Ordinance of The Town Council of The Town of Los Gatos
Amending Sections 14.40.010, "Definitions," and 14.40.015,
"Nonapplicability," of Article IV, "Peddlers And Solicitors," of Chapter 14,
"Licenses and Miscellaneous Business Regulations," of The Town Code and
Replacing Article VII, "Pushcarts," of Chapter 14, "Licenses and Miscellaneous
Business Regulations," with a New Article VII, "Sidewalk Vending" in the Town
Code.
RECOMMENDATION:
Introduce an Ordinance Amending the Town Code Chapter 14 Related to "Peddlers and
Solicitors" and Replacing Article VII "Pushcarts" with "Sidewalk Vending."
BACKGROUND:
A proposed ordinance has been prepared following a Town Council study session on the topic
of sidewalk vending and the requirements of state Senate Bill 946, which amended Government
Code Sections 51036 and following.
Senate Bill 946, which became effective in 2019, prohibits local agencies from regulating
sidewalk vendors except in accordance with Government Code Sections 51038 and 51039
(Attachment 1). Senate Bill 946 defines a "sidewalk vendor" as "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."
Reviewed by: Town Manager,Assistant Town Manager, Community Development Director, Chief of
Police, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos,CA 95030• (408)354-6832
Page 176 www.losgatosca.gov
PAGEITEM NO. 11.
2 OF 5
SUBJECT: Introduce an Ordinance Amending the Town Code Chapter 14 Related to
"Peddlers and Solicitors"and Replacing Article VII "Pushcarts"with "Sidewalk
Vending"
DATE: November 5, 2024
Local agencies do retain the ability to impose time, place, and manner regulations on sidewalk
vendors. Specifically, Senate Bill 946 authorizes local agencies to do the following:
1) Adopt requirements regulating the time, place, and manner of sidewalk vending if the
requirements are directly related to objective health, safety, and welfare standards.
2) Prohibit stationary sidewalk vendors from operating in areas that are zoned as
exclusively residential.
3) Adopt reasonable time, place, and manner restrictions inside public parks if the
restrictions are directly related to objective health, safety, or welfare concerns, when
necessary to ensure the public's use and enjoyment of the park, or as necessary to
prevent an undue concentration of commercial activity that unduly interferes with the
character of the park.
4) Limit the hours of operation for sidewalk vendors so long as those hours are not
unduly restrictive. In nonresidential areas, any limitations on the hours of operation
cannot be more restrictive than any limitations on hours of operation imposed on
other businesses or uses on the same street. (At the Town Council's study session, the
Council asked whether this meant the length of the full street even when the full
street runs for several blocks. While there is no legislative history addressing the
intent of the statutory language, it is reasonable to interpret this to mean that, in
nonresidential areas, the sidewalk vendor is limited to the hours of businesses on the
same street within the same block.)
5) Impose requirements to maintain sanitary conditions.
6) Impose requirements necessary to comply with the Americans with Disabilities Act
and other disability access standards.
7) Require the sidewalk vendor to obtain a sidewalk vending permit.
8) Require the sidewalk vendor to possess a valid California Department of Tax and Fee
Administration Seller's Permit.
9) Require additional licenses from other state or local agencies to the extent required by
law.
10) Require sidewalk vendors to submit information regarding their operations, including
a mailing address, a description of merchandise, a California seller's permit number,
and other information.
11) Prohibit sidewalk vendors from operating near certified farmers' markets, swap
meets, and other events subject to a temporary special permit.
Senate Bill 946 prohibits local jurisdictions from imposing the following regulations:
1) Requiring a sidewalk vendor to operate only within specific parts of the public right of
way, unless the restriction is directly related to objective health, safety, and welfare
concerns.
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PAGEITEM NO. 11.
3 OF 5
SUBJECT: Introduce an Ordinance Amending the Town Code Chapter 14 Related to
"Peddlers and Solicitors"and Replacing Article VII "Pushcarts"with "Sidewalk
Vending"
DATE: November 5, 2024
2) Prohibiting sidewalk vendors from operating in a public park, unless the Town has an
agreement with a third party for exclusive concessions in the park.
3) Restricting sidewalk vendors to specific neighborhoods, unless the restriction is directly
related to objective health, safety, or welfare concerns.
At its August 15th study session, the Town Council expressed interest in:
1) Prohibiting sidewalk vending in areas that are zoned exclusively residential;
2) Requiring that all sidewalk vendors obtain a sidewalk vending permit;
3) Limiting the size of sidewalk vending areas to 15 square feet;
4) Prohibiting pop-up tents;
5) Prohibiting sidewalk vendors from blocking the entrances to businesses;
6) Prohibiting sidewalk vendors from limiting the line of sight at intersections;
7) Regulating sidewalk vendors in Town parks so that the character and use of parks are
not affected;
8) Limiting the hours of operation for sidewalk vendors to be from 9 a.m. to sunset (unless
SB 946 mandates that the vending be permitted to match the business hours of nearby
businesses in commercial districts). For ease of administration,the proposed resolution
limits the hours of operation to be from 9 a.m. to 5 p.m.; and
9) In Town parks, limiting the number of sidewalk vendors and ensuring that the vendors
are in highly visible locations and operating during daylight hours.
The Town Code currently regulates peddlers and solicitors in Town Code Sections 14.40.010
and following (Attachment 2). The Town currently regulates pushcart vendors in Town Code
Sections 14.70.010 and following (Attachment 3). These provisions were enacted in 1968 and
staff recommends that they be updated in light of Senate Bill 946. The proposed ordinance
would amend the peddlers and solicitors ordinance to exclude sidewalk vendors from its
provisions. A redline showing the proposed changes to the peddlers and solicitors ordinance is
attached as Attachment 4. A proposed ordinance to replace the Town's existing pushcart
ordinance with a new sidewalk vending ordinance is attached as Attachment 5.
DISCUSSION:
The proposed ordinance includes each of the elements identified at the Town Council's August
15th study session. In addition, after the study session, Town staff met specifically to discuss
sidewalk vending in Town parks. In order to make sure that parks remain available for the
public to enjoy, staff is recommending that sidewalk vending in public parks be limited to the
paved area near playgrounds and to two days per 30-day period per vendor. In order to prevent
an undue concentration of commercial activity that unduly interferes with the character of
Town parks, staff is recommending that there be no more than two vendors in the same park at
any one time. Staff is proposing that the Police Department issue sidewalk vending permits for
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PAGEITEM NO. 11.
4 OF 5
SUBJECT: Introduce an Ordinance Amending the Town Code Chapter 14 Related to
"Peddlers and Solicitors"and Replacing Article VII "Pushcarts"with "Sidewalk
Vending"
DATE: November 5, 2024
sidewalk locations and that the Parks and Public Works Department issue sidewalk vending
permits to park locations. The proposed ordinance includes those provisions.
Procedurally, in order to align the Town Code with the requirements of Senate Bill 946, the
proposed ordinance would:
1) Rescind the existing pushcart ordinance since pushcarts are included within the state
definition of sidewalk vendors and would be covered by the proposed sidewalk vending
ordinance.
2) Amend the existing peddler and solicitor ordinance to exclude sidewalk vendors from its
provisions.
3) Regulate sidewalk vendors.
The Town will need to adopt a new sidewalk vending permit fee and develop an application
form, prior to the effective date of the Ordinance.
CONCLUSION:
Staff has developed a proposed ordinance to require that sidewalk vendors obtain sidewalk
vending permits and to include these time, place, and manner regulations. The ordinance also
rescinds the Town's existing pushcart ordinance and amends the Town's existing peddlers and
solicitors ordinance. If introduced, the ordinance would return to the Town Council for
adoption on December 3rd and would take effect 30 days after adoption.
FISCAL IMPACT:
This ordinance update is not anticipated to have a financial impact because sidewalk vendors
are already required to pay business license taxes.
There is currently no permit program for vending in parks, so this ordinance represents a new
program that will impact Parks and Public Works operations. Park reservations and permitting
are currently managed by one 0.75 FTE who issued 563, 861, and 755 permits in 2021, 2022,
and 2023 respectively. A total of 652 Reservations and permits have been issued through
November 13, 2024. Each reservation includes processing payments, and many include
coordinating with vendors such as for business, licenses, catering, face painting, etc. This staff
person also coordinates with the Office of Economic Vitality on special events that are held in
parks and answers phones and monitors the PPW general email box on a bi-weekly basis. It is
unclear how the new permit program for vending in parks will impact the performance of this
0.75 FTE, but there is no capacity in existing staff to manage this new program.
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PAGE 5 OF 5 ITEM NO. 11.
SUBJECT: Introduce an Ordinance Amending the Town Code Chapter 14 Related to
"Peddlers and Solicitors"and Replacing Article VII "Pushcarts"with "Sidewalk
Vending"
DATE: November 5, 2024
CEQA:
Because this ordinance will not cause a change in the physical environment, introduction of this
ordinance is not a project subject to the California Environmental Quality Act (Public Resources
Code Section 21065).
COORDINATION:
This report was coordinated with the Town Manager's Office,the Parks and Public Works
Department,the Police Department, and the Community Development Department. A copy of
the proposed sidewalk vending ordinance was provided to the Chamber of Commerce.
Attachments:
1. Senate Bill 946
2. Existing Peddlers and Solicitors Code Section
3. Existing Pushcarts Code Section
4. Redline Showing Proposed Edits to Peddlers and Solicitors Code Section
5. Proposed Ordinance Amending Chapter 14 of the Town Code Related to "Peddlers and
Solicitors" and Replacing Article VII, "Pushcarts" with "Sidewalk Vending"
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ITEM NO. 11.
Oil* LEGISLATIVE INFORMATION
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
SB-946 Sidewalk vendors. (2017-2018)
SHARE THIS: El X Date Published:09/17/2018 09:00 PM
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 vending, as specified, to petition for dismissal of the sentence, fine, or
onviction.
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Existing constitutional provisions require that a statute that limits the right of access to the meetings of /TEMNO. 11.
bodies or the writings of public officials and agencies be adopted with findings demonstrating the int
protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no
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.
(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.
1038. (a) A local authority may adopt a program to regulate sidewalk vendors in compliance with this section.
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(b) A local authority's sidewalk vending program shall comply with all of the following standards: ITEM NO. 11.
(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, 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:
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(A) The name and current mailing address of the sidewalk vendor. ITEM NO. 11.
(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 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.
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(b) The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the trez /TEM NO. 11.
of the local authority.
(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.
(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:
�he Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or
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identification number, when that number is collected in lieu of a social security number for purposes o ITEM NO. 11.
issuance of a permit or business license, it is necessary that the sidewalk vendor's number be confide
except as provided in this act.
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CODE ITEM NO. 11.
Chapter 14-LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE IV. PEDDLERS AND SOLICITORS
ARTICLE IV. PEDDLERS AND SOLICITORS
DIVISION 1. GENERALLY
Sec. 14.40.010. Definitions.
For the purposes of this article,the following words and phrases shall have the meanings respectively
ascribed to them by this section:
Peddler. Any person,including salesperson and vendor,who goes from house to house, place to place or to
any one (1)house or to any one(1) place, or in or along the streets,within the Town,selling and making
immediate delivery or offering for sale and immediate delivery any goods,wares,merchandise,services or
anything of value in the possession of the peddler,to persons other than manufacturers,wholesalers,jobbers or
retailers in such commodities or services.
Solicitor.Any person,including salesperson and vendor,who engages in the business of going from house to
house, place to place or to any one(1) house or to any one (1)place,or in or along the streets,within the Town,
selling or taking orders for,or offering to sell or take orders for, goods,wares, merchandise,services or other
things of value,for future delivery or for services to be performed in the future,to persons other than
manufacturers,wholesalers,jobbers or retailers in such commodities or services.
(Code 1968, §19-1)
Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.
Sec. 14.40.015. Nonapplicability.
The provisions of this article shall not apply to the following:
(1) Any person peddling or soliciting orders for dairy,bakery, fruit,vegetables,meat,fish or poultry
products,or other products intended for human consumption,except ice cream,candy,hot dogs,
hamburgers,soft drinks and the like intended for immediate human consumption.
(2) Any person peddling or soliciting subscriptions for newspapers or religious publications.
(3) Any person peddling or soliciting on behalf of a religious,charitable or educational organization.
(4) Any person soliciting for personal services to be performed by the person so soliciting.
(5) Any other person who files with the Town Clerk an affidavit setting forth the name and address of the
affiant and which clearly establishes exemption from the provisions of this article by virtue of the
Constitution or Statutes of the United States or of the State.
(Code 1968, §19-2)
Sec. 14.40.020. Hours during which peddling and soliciting permitted.
Any identification permit issued under the provisions of this article shall be valid only between the hours of
9:00 a.m.and 9:00 p.m.of any day.
Los Gatos,California,Code of Ordinances Created: 2024-03-29 13:44:07 [EST]
(Supp.No.94)
Page 1 of 4
Page 187 ATTACHMENT 2
ITEM NO. 11.
(Code 1968, §19-12)
Sec. 14.40.025. Posted premises.
No person shall solicit or attempt to solicit at any residential premises where the occupant has posted a sign
clearly and obviously visible from an access way used by the solicitor which states, in letters at least three-fourths
of an inch in height on a contrasting background, "No Soliciting,""Soliciting Prohibited,""No Soliciting Allowed" or
"No Solicitors Allowed."Nor shall any person peddle or attempt to peddle at such premises where the occupant
has posted in such a manner a sign which states in substance the same prohibition with reference to peddlers.
(Code 1968, §19-13)
Secs. 14.40.030-14.40.100. Reserved.
DIVISION 2. IDENTIFICATION PERMIT
Sec. 14.40.105. Required.
(a) No person shall act as a peddler or solicitor within the Town without an identification permit,as provided in
this article.
(b) Such identification permit shall be in addition to any business license required by the Town for the conduct
of the business or occupation of a solicitor or peddler, pursuant to this chapter.
(Code 1968, §19-3)
Sec. 14.40.110. Application.
An applicant for a permit under this division shall furnish the Chief of Police with the following information
and material.
(1) The name and description of the applicant.
(2) The address of the applicant, legal and local(if any).
(3) A brief description of the nature of the business,and the goods,wares, merchandise and services to be
sold or furnished.
(4) If employed,the name and address of the employer,together with credentials establishing the exact
relationship.
(5) The length of time the applicant wishes to do business within the Town.
(6) If a vehicle is to be used,a description of the same, together with license number or other means of
identification.
(7) A recent photograph of the applicant,which picture shall show the head and shoulders of the applicant
in a clear and distinguishing manner.
(8) Fingerprints of the applicant to be taken by the Chief of Police,or a member of the Police Department
of the Town,at the discretion of the Chief of Police.
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(Supp.No.94)
Page 188 Page 2 of 4
ITEM NO. 11.
(9) A statement as to whether or not the applicant has been convicted of a crime,felony or misdemeanor,
the nature of the offense and the punishment or penalty assessed therefor.
(Code 1968, §19-4)
Sec. 14.40.115. Investigation.
The permit required by this division shall only be issued by the Chief of Police after an investigation is made
by the Chief of Police.
(Code 1968, §19-5)
Sec. 14.40.120. Prerequisite to issuance of business license.
The information required for an application under this division shall be furnished to the Chief of Police in
conjunction with the application for a business license for the occupation of a solicitor or peddler,and an
investigation by the Chief of Police and the issuance of an identification permit shall be necessary conditions
precedent to the granting of such business license.After the investigation is made and the identification permit
issued,a business license for the occupation of a solicitor or peddler shall be issued upon the payment of the
license fee,if any is required, in conformity with the provisions of this chapter.
(Code 1968, §19-6)
Sec. 14.40.125. Issuance; expiration.
The Chief of Police, upon being advised of the application of an applicant for a business license for the
business or occupation of a solicitor or peddler in the Town,and upon being furnished with the information and
records required by this division,shall investigate the applicant. If,as a result of such investigation,the character
and business responsibility of the applicant are found to be satisfactory,the Chief of Police shall issue an
identification permit in favor of the applicant for the carrying on of the business or occupation of a solicitor or
peddler in the Town.
(Code 1968, §19-7)
Sec. 14.40.130. Denial; appeal to Town Council.
(a) If, as a result of the investigation pursuant to an application under this division,the applicant's character or
business responsibility is found to be unsatisfactory,the Chief of Police shall make the findings and reasons
for disapproval and transmit the same to the Tax and License Collector,who shall notify the applicant that
the application is disapproved and that no permit or license will be issued.
(b) Upon the disapproval of the application,as a result of the findings of the Chief of Police,any person
aggrieved by the action of the Chief of Police,and the denial of the application for a permit or a license,shall
have the right of appeal to the Town Council. Such appeal shall be taken by filing with the Town Clerk,within
ten (10)days after notice of the action complained of has been mailed to the applicants last known address,
or to the applicants address as appearing on the application,a written statement setting forth fully the
grounds of appeal. The Town Clerk shall set a time and place for a hearing of such appeal and notice shall be
given to the appellant by mail, postage prepaid,to the address,as aforesaid,at least five (5)days prior to the
date set for a hearing. The disposition and order of the Town Council shall be final and conclusive.
(Code 1968, §19-8;Ord. No. 2030, §I,7-21-97)
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(Supp.No.94)
Page 189 Page 3 of 4
ITEM NO. 11.
Sec. 14.40.135. Display.
The identification permit issued under the provisions of this division shall be worn in a prominent place on
the outer clothing,clearly legible to all persons with whom the permittee deals, at all times when the permittee is
soliciting or peddling.
(Code 1968, § 19-10)
Sec. 14.40.140. Transferability.
No identification permit issued under the provisions of this division shall be transferable, and the same,as
issued,shall be personal to the person to whom issued.
(Code 1968, §19-9)
Sec. 14.40.145. Revocation.
(a) Identification permits issued under the provisions of this division may be revoked by the Chief of Police for
any of the following reasons:
(1) Misrepresentation or false statements contained in the application for the identification permit.
(2) Misrepresentation or false statement made in the course of carrying on the business of peddling or
soliciting.
(3) Conviction of any crime or misdemeanor involving moral turpitude.
(4) Conducting the business of peddling or soliciting in an unlawful manner,or in such a manner as to
constitute a breach of the peace and to constitute a menace to the health,safety or morals or general
welfare of the public.
(5) Any violation of this chapter, or of the business license provisions of this Code or any other ordinances
of the Town.
(b) Upon revocation of any identification permit issued under the provisions of this division,the Chief of Police
shall make the findings and reasons for revocation and transmit them to the permittee, whose license has
been revoked,and a copy thereof to the Tax and License Collector. Revocation of an identification permit
automatically revokes the business license to which the identification permit applies.The permittee whose
permit has been revoked shall have the right of appeal to the Town Council in the same manner and in
conformity with the same procedures as set forth in section 14.40.130.
(Code 1968, §19-11;Ord. No. 2030, §II,7-21-97)
Sec. 14.40.150. Expiration.
Each permit issued under the provisions of this division shall be valid for a period of ninety(90)days and
subject to revocation as provided in this division.
(Code 1968, §19-7)
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Page 190 Page 4 of 4
CODE ITEM NO. 11.
Chapter 14-LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE VII.PUSHCARTS
ARTICLE VII. PUSHCARTS
DIVISION 1. GENERALLY
Sec. 14.70.010. Purpose.
The Council finds and declares as follows:
(1) The operation of pushcarts on public streets in the Town serves the general welfare,if such operation
is properly regulated by offering color,variety and convenience in shopping.
(2) Without proper regulation,the operation of pushcarts causes problems of traffic, safety, health,
unsightliness,and unfair competition.
(3) It is therefore necessary to regulate pushcarts in such a manner as to obtain their benefits for the Town
while at the same time minimizing problems.
(Code 1968, § 19A.00.010)
Sec. 14.70.015. Definitions.
The following words,terms and phrases,when used in this article, shall have the meanings ascribed to them
in this section,except where the context clearly indicates a different meaning:
Approved location. A site approved for location of a pushcart pursuant to this article.
Food preparation. The cooking or processing of food. It does not include assembling precooked or prepared
foods or adding condiments.
Permittee.Any person holding a valid approved location permit under this article. For purposes of this article,
the act or omission of an agent or employee of any permittee is for all civil purposes the act or omission of the
permittee.
Public way. All that area dedicated to public use,and shall include,but not be limited to,roadways,parkway
strips, alleys,and sidewalks.
Pushcart. Any nonmotorized vehicle,truck, trailer,cart,wagon,dray,conveyance or structure on wheels not
firmly fixed to a permanent foundation which is utilized in connection with peddling.A pushcart from which food is
served shall meet the definition of a vehicle for purposes of Health and Safety Code chapter 11,article 4.
(Code 1968, §§19A.05.010-19A.05.050)
Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.
'Cross reference(s)—Vehicles for hire,Ch.28.
Los Gatos,California,Code of Ordinances Created: 2024-03-29 13:44:07 [EST]
(Supp.No.94)
Page 1 of 5 ATTACHMENT 3
Page 191
ITEM NO. 11.
Sec. 14.70.020. Noise.
No permittee shall use, play or employ any sound,outcry,amplifier,loudspeaker,radio or any other
instrument or device for the production of sound in connection with the promotion of a pushcart.
(Code 1968, §19A.15.020)
Sec. 14.70.025. No sales to persons in vehicles.
No permittee shall sell any merchandise to any person who is in a motor vehicle at the time of sale.
(Code 1968, §19A.15.030)
Sec. 14.70.030. Food preparation on street prohibited.
Only ready-to-eat food is permitted. Food preparation on the street is prohibited.
(Code 1968, §19A.15.040)
Cross reference(s)—Food and food establishments generally,Ch. 10.
Sec. 14.70.035. Compliance with other laws.
Every permittee shall at all times have a valid business license and peddler's license.If food is being sold,a
permit is also required from the County Health Department. Every permittee shall also comply with sections 28640
et seq. of the California Health and Safety Code.
(Code 1968, §19A.15.050)
Sec. 14.70.040. License for sanitary facilities.
Every permittee shall be required to have a written license agreement giving the permittee and the
permittee's agents the right to use permanent sanitary facilities located no more than five hundred (500)feet from
the approved location.
(Code 1968, §19A.15.060)
Cross reference(s)—Health and sanitation generally, Ch. 13;sewers and sewage disposal, Ch.22.
Sec. 14.70.045. Transfer prohibited.
Permits issued under this article shall not be sold,assigned or transferred,and shall cover only the permittee
to whom they are issued.
(Code 1968, §19A.15.070)
Sec. 14.70.050. Equipment other than pushcarts prohibited.
No permittee shall employ or have any movable or permanent stands,tables,chairs or devices other than
the permitted pushcart and one (1)chair for the permittee situated at any approved location.
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Page 192 Page 2 of 5
ITEM NO. 11.
(Code 1968, §19A.15.080)
Sec. 14.70.055. Indemnity agreement.
As a condition to receiving the permit,every permittee shall execute an agreement holding the Town and its
employees and agents harmless from any liability arising from the use of the permit.
(Code 1968, §19A.15.090)
Sec. 14.70.060. Insurance.
Every permittee,at the permittee's sole cost and expense,and during the entire term of the permit or any
renewal thereof,shall obtain and maintain all insurance required by the Town as set forth by resolution.
(Code 1968, §19A.15.100)
Secs. 14.70.065-14.70.125. Reserved.
DIVISION 2. PERMITS
Sec. 14.70.130. Approved location—Required.
No person shall operate a pushcart on a public way within the Town without an approved location permit as
provided in this division.Such permit shall be in addition to any business license required by the Town and the
identification permit required by article IV of this chapter.
(Code 1968, § 19A.10.010)
Sec. 14.70.135. Same—Application process.
An application for an approved location permit shall be made to the Planning Director,and shall contain the
information requested by the Planning Director,as necessary to fulfill the purposes of this article.
(Code 1968, § 19A.10.020)
Sec. 14.70.140. Same—Notice of filing of application.
Within fifteen (15)days after an application has been filed,the Planning Director shall publish a notice of
such filing pursuant to Government Code section 6061,and also post a copy of such notice in at least two(2)
conspicuous places close to the proposed location.
(Code 1968, §19A.10.040)
Sec. 14.70.145. Same—Consideration in review of applications.
Applications shall be reviewed in the light of all the facts relevant to the purposes of this article,including but
not limited to the following:
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(Supp.No.94)
Page 193 Page 3 of 5
ITEM NO. 11.
(1) Compliance with the specific requirements of this article.
(2) The goals of the general plan and any applicable specific plans.
(3) Automobile and pedestrian safety,and minimum interference with parking.
(4) Avoidance of unfair competition with merchants in fixed locations.
(5) Diversity of product.
(6) Aesthetics.
(Code 1968, §19A.10.030)
Sec. 14.70.150. Same—Holding period for competing applications.
In order that the limited number of appropriate pushcart locations may be used by those pushcarts most
compatible with the goals of this article, it is the intent of this article to promote competition for approved
locations.No application shall therefore be deemed complete under Government Code section 65943 until at least
thirty(30)days after the publication of notice called for in section 14.70.140. If other applications are filed for the
same location within thirty(30)days of such publication,no further notice need be given. No competing
application for a given location will be accepted more than thirty(30)days after the publication of notice
hereunder.
(Code 1968, §19A.10.050)
Sec. 14.70.155. Same—Competing applications.
If more than one(1)application is filed for the same location,the Planning Director shall,if any pushcart is to
be allowed in such location,approve the application which the Planning Director determines to be most
compatible with the goals and criteria of this article. If applications are deemed to be equally compatible,selection
shall be made by lottery.
(Code 1968, §19A.10.060)
Sec. 14.70.160. Same—Issuance for certain areas prohibited.
No permit shall be issued under this division for a location within the following areas:
(1) On private property.Outdoor display of merchandise on private property is governed by chapter 29 of
this Code.
(2) Immediately adjacent to residentially zoned property.
(3) Within one hundred fifty(150)feet of a business selling food for on-site consumption, in the case of a
pushcart selling food;or within one hundred fifty(150)feet of a business selling a similar commodity in
the case of a pushcart selling commodities other than food.
(4) Within one hundred fifty(150)feet of another approved location.
(5) Within five hundred (500)feet of an elementary or junior high school.
(6) In any Town park outside the central business district as defined in the downtown specific plan.
(Code 1968, §19A.15.010)
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(Supp.No.94)
Page 194 Page 4 of 5
ITEM NO. 11.
Sec. 14.70.165. Same—Appeal.
Any interested party may appeal any decision of the Planning Director with reference to approved location
permits to the Planning Commissioner by filing a written appeal within ten (10)days after the mailing of notice of
the Planning Director's decision to the last known address of the permittee,and upon payment of the fee specified
by Council resolution. In considering the appeal,the Planning Commissioner may affirm,revoke,or modify the
Planning Director's decision in whole or in part,and consider any other matters it deems pertinent.
(Code 1968, §19A.10.090)
Sec. 14.70.170. Same—Revocation.
An approved location permit may be revoked at any time upon a written determination by the Planning
Director that the permit is being utilized in a manner contrary to law,the goals of this article,or the general
welfare of the Town. Prior to such revocation,the Planning Director shall give the permittee written notice by first
class mail of intention to revoke,and shall hold an informal hearing allowing the permittee to present arguments
against revocation.
(Code 1968, §19A.10.080)
Sec. 14.70.175. Same—Duration.
An approved location permit shall be issued for one (1)year. New applications for a specific location shall not
be accepted until ninety(90)days prior to expiration of an existing permit for that location.
(Code 1968, §19A.10.070)
Sec. 14.70.180. Temporary permits for special events.
The Town Council may,as part of its approval of any special event,authorize the issuance of a specified
number of temporary pushcart permits,not to exceed five (5),for a specified number of days in connection
therewith. In such case,applications for temporary permits shall be submitted to the Town Manager,with the
written endorsement of the agency sponsoring the special event, and the department shall approve the temporary
permit for a specific location if it finds that issuance of the permit will promote the purpose of this article.There
shall be no appeal from the denial of an application for a temporary permit.
(Code 1968, § 19A.20.010)
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(Supp.No.94)
Page 195 Page 5 of 5
CODE ITEM NO. 11.
Chapter 14-LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE IV.-PEDDLERS AND SOLICITORS
DIVISION 1. GENERALLY
DIVISION 1. GENERALLY
Sec. 14.40.010. Definitions.
For the purposes of this article,the following words and phrases shall have the meanings respectively
ascribed to them by this section:
Peddler. Any person, including salesperson and vendor,who goes from house to house, place to place or to
any one (1)house or to any one(1) place,or in or along the streets,within the Town,selling and making
immediate delivery or offering for sale and immediate delivery any goods,wares, merchandise,services or
anything of value in the possession of the peddler,to persons other than manufacturers,wholesalers,jobbers or
retailers in such commodities or services.
Solicitor.Any person, including salesperson and vendor,who engages in the business of going from house to
house, place to place or to any one(1)house or to any one (1)place,or in or along the streets,within the Town,
selling or taking orders for, or offering to sell or take orders for,goods, wares,merchandise,services or other
things of value, for future delivery or for services to be performed in the future,to persons other than
manufacturers,wholesalers,jobbers or retailers in such commodities or services.
(Code 1968, § 19-1)
Cross reference(s)—Definitions and rules of construction generally,§ 1.10.015.
Sec. 14.40.015. Nonapplicability.
The provisions of this article shall not apply to the following:
{ � Any person peddling or soliciting orders for dairy, bakery,fruit,vegetables, meat,fish or poultry
products,or other products intended for human consumption, except ice cream,candy, hot
dogs, hamburgers,soft drinks and the like intended for immediate human consumption.
{2}J Any person peddling or soliciting subscriptions for newspapers or religious publications.
{ } Any person peddling or soliciting on behalf of a religious,charitable or educational organization.
(1)(d) Any person soliciting for personal services to be performed by the person so soliciting.
(e) Sidewalk vendors.
Any other person who files with the Town Clerk an affidavit setting forth the name and address
of the affiant and which clearly establishes exemption from the provisions of this article by virtue
of the Constitution or Statutes of the United States or of the State.
(Code 1968,§ 19-2)
Los Gatos,California,Code of Ordinances Created: 2024-11-08 10:50:25 [EST]
(Supp.No.95)
Page 196 Page 1 of 2 ATTACHMENT 4
ITEM NO. 11.
Sec. 14.40.020. Hours during which peddling and soliciting permitted.
Any identification permit issued under the provisions of this article shall be valid only between the hours of
9:00 a.m.and 9:00 p.m.of any day.
(Code 1968, §19-12)
Sec. 14.40.025. Posted premises.
No person shall solicit or attempt to solicit at any residential premises where the occupant has posted a sign
clearly and obviously visible from an access way used by the solicitor which states,in letters at least three-fourths
of an inch in height on a contrasting background,"No Soliciting," "Soliciting Prohibited," "No Soliciting Allowed"or
"No Solicitors Allowed." Nor shall any person peddle or attempt to peddle at such premises where the occupant
has posted in such a manner a sign which states in substance the same prohibition with reference to peddlers.
(Code 1968, §19-13)
Secs. 14.40.030-14.40.100. Reserved.
DIVISION 2. IDENTIFICATION PERMIT
Sec. 14.40.105. Required.
(a) No person shall act as a peddler or solicitor within the Town without an identification permit,as provided in
this article.
(b) Such identification permit shall be in addition to any business license required by the Town for the conduct
of the business or occupation of a solicitor or peddler, pursuant to this chapter.
(Code 1968, §19-3)
Sec. 14.40.110.Application.
An applicant for a permit under this division shall furnish the Chief of Police with the following information
and material.
(1) The name and description of the applicant.
(2) The address of the applicant, legal and local (if any).
(3) A brief description of the nature of the business,and the goods,wares, merchandise and services to be
sold or furnished.
(4) If employed,the name and address of the employer,together with credentials establishing the exact
relationship.
(5) The length of time the applicant wishes to do business within the Town.
(6) If a vehicle is to be used,a description of the same,together with license number or other means of
identification.
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Page 197 Page 2 of 5
ITEM NO. 11.
(7) A recent photograph of the applicant,which picture shall show the head and shoulders of the applicant
in a clear and distinguishing manner.
(8) Fingerprints of the applicant to be taken by the Chief of Police,or a member of the Police Department
of the Town, at the discretion of the Chief of Police.
(9) A statement as to whether or not the applicant has been convicted of a crime,felony or misdemeanor,
the nature of the offense and the punishment or penalty assessed therefor.
(Code 1968, §19-4)
Sec. 14.40.115. Investigation.
The permit required by this division shall only be issued by the Chief of Police after an investigation is made
by the Chief of Police.
(Code 1968, §19-5)
Sec. 14.40.120. Prerequisite to issuance of business license.
The information required for an application under this division shall be furnished to the Chief of Police in
conjunction with the application for a business license for the occupation of a solicitor or peddler,and an
investigation by the Chief of Police and the issuance of an identification permit shall be necessary conditions
precedent to the granting of such business license.After the investigation is made and the identification permit
issued,a business license for the occupation of a solicitor or peddler shall be issued upon the payment of the
license fee,if any is required, in conformity with the provisions of this chapter.
(Code 1968, §19-6)
Sec. 14.40.125. Issuance;expiration.
The Chief of Police, upon being advised of the application of an applicant for a business license for the
business or occupation of a solicitor or peddler in the Town, and upon being furnished with the information and
records required by this division, shall investigate the applicant.If,as a result of such investigation,the character
and business responsibility of the applicant are found to be satisfactory,the Chief of Police shall issue an
identification permit in favor of the applicant for the carrying on of the business or occupation of a solicitor or
peddler in the Town.
(Code 1968, §19-7)
Sec. 14.40.130. Denial; appeal to Town Council.
(a) If,as a result of the investigation pursuant to an application under this division, the applicants character or
business responsibility is found to be unsatisfactory,the Chief of Police shall make the findings and reasons
for disapproval and transmit the same to the Tax and License Collector,who shall notify the applicant that
the application is disapproved and that no permit or license will be issued.
(b) Upon the disapproval of the application,as a result of the findings of the Chief of Police,any person
aggrieved by the action of the Chief of Police,and the denial of the application for a permit or a license,shall
have the right of appeal to the Town Council.Such appeal shall be taken by filing with the Town Clerk,within
ten (10)days after notice of the action complained of has been mailed to the applicant's last known address,
or to the applicants address as appearing on the application,a written statement setting forth fully the
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(Supp.No.94)
Page 198 Page 3 of 5
ITEM NO. 11.
grounds of appeal.The Town Clerk shall set a time and place for a hearing of such appeal and notice shall be
given to the appellant by mail, postage prepaid,to the address,as aforesaid,at least five(5)days prior to the
date set for a hearing. The disposition and order of the Town Council shall be final and conclusive.
(Code 1968, §19-8;Ord. No. 2030, §I, 7-21-97)
Sec. 14.40.135. Display.
The identification permit issued under the provisions of this division shall be worn in a prominent place on
the outer clothing,clearly legible to all persons with whom the permittee deals, at all times when the permittee is
soliciting or peddling.
(Code 1968, § 19-10)
Sec. 14.40.140.Transferability.
No identification permit issued under the provisions of this division shall be transferable,and the same,as
issued,shall be personal to the person to whom issued.
(Code 1968, §19-9)
Sec. 14.40.145. Revocation.
(a) Identification permits issued under the provisions of this division may be revoked by the Chief of Police for
any of the following reasons:
(1) Misrepresentation or false statements contained in the application for the identification permit.
(2) Misrepresentation or false statement made in the course of carrying on the business of peddling or
soliciting.
(3) Conviction of any crime or misdemeanor involving moral turpitude.
(4) Conducting the business of peddling or soliciting in an unlawful manner,or in such a manner as to
constitute a breach of the peace and to constitute a menace to the health,safety or morals or general
welfare of the public.
(5) Any violation of this chapter,or of the business license provisions of this Code or any other ordinances
of the Town.
(b) Upon revocation of any identification permit issued under the provisions of this division, the Chief of Police
shall make the findings and reasons for revocation and transmit them to the permittee,whose license has
been revoked,and a copy thereof to the Tax and License Collector. Revocation of an identification permit
automatically revokes the business license to which the identification permit applies.The permittee whose
permit has been revoked shall have the right of appeal to the Town Council in the same manner and in
conformity with the same procedures as set forth in section 14.40.130.
(Code 1968, §19-11;Ord. No. 2030,§II,7-21-97)
Sec. 14.40.150. Expiration.
Each permit issued under the provisions of this division shall be valid for a period of ninety(90)days and
subject to revocation as provided in this division.
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(Supp.No.94)
Page 199 Page 4 of 5
ITEM NO. 11.
(Code 1968, § 19-7)
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(Supp.No.94)
Page 200 Page 5 of 5
ITEM NO. 11.
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTIONS 14.40.010,"DEFINITIONS,"AND 14.40.015,
"NONAPPLICABILITY," OF ARTICLE IV, "PEDDLERS AND SOLICITORS," OF
CHAPTER 14,"LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," OF
THE TOWN CODE AND REPLACING ARTICLE VII, "PUSHCARTS," OF CHAPTER 14,
"LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," WITH A
NEW ARTICLE VII, "SIDEWALK VENDING" IN THE TOWN CODE
WHEREAS, Town Code Sections 14.40.010 and following currently regulate peddlers and
solicitors; and
WHEREAS, Town Code Sections 14.70.010 and following currently regulate pushcart
vendors; and
WHEREAS, Senate Bill 946 amended Government Code Sections 51036, limits the
regulation of sidewalk vendors by local jurisdictions; and
WHEREAS,the Town Code should be updated to reflect the requirements of Government
Code Sections 51036 and following;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows: ` I
SECTION I. Section 14.40.010, "Definitions," of Article IV, "Peddlers and Solicitors," of the Town
Code is amended to read:
Sec. 14.40.010. Definitions.
For the purposes of this article,the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Peddler. Any person, who goes from house to house, place to place or to any one (1) house
or to any one (1) place, within the Town, selling and making immediate delivery or offering for
sale and immediate delivery any goods, wares, merchandise, services or anything of value in
the possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or
retailers in such commodities or services.
Solicitor. Any person, who engages in the business of going from house to house, place to
place or to any one (1) house or to any one (1) place, within the Town, selling or taking orders
for, or offering to sell or take orders for, goods, wares, merchandise, services or other things of
value, for future delivery or for services to be performed in the future, to persons other than
manufacturers, wholesalers, jobbers or retailers in such commodities or services.
(Code 1968, § 19-1)
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ITEM NO. 11.
Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.
SECTION II. Section 14.40.015, "Nonapplicability," of Article IV, "Peddlers and Solicitors," of the
Town Code is amended to read:
Sec. 14.40.015. Nonapplicability.
The provisions of this article shall not apply to the following:
(a) Any person peddling or soliciting orders for dairy, bakery,fruit, vegetables, meat, fish
or poultry products,or other products intended for human consumption, except ice
cream, candy, hot dogs, hamburgers, soft drinks and the like intended for immediate
human consumption.
(b) Any person peddling or soliciting subscriptions for newspapers or religious
publications.
(c) Any person peddling or soliciting on behalf of a religious, charitable or educational
organization.
(d) Any person soliciting for personal services to be performed by the person so soliciting.
(e) Sidewalk vendors.
(f) Any other person who files with the Town Clerk an affidavit setting forth the name
and address of the affiant and which clearly establishes exemption from the
provisions of this article by virtue of the Constitution or Statutes of the United States
or of the State.
(Code 1968, § 19-2)
SECTION III. Chapter 14, "Licenses and Miscellanefus Business Regulations," Article VII,
"Pushcarts," of the Town Code is repeal d and replaced with the following:
Sec. 14.70.010. Purpose.
The Council finds and declares as follows:
(a) Sidewalk vending on public streets in the Town serves the general welfare, if such
operation is properly regulated by offering variety and convenience in shopping.
(b) Without proper regulation, sidewalk vending causes problems of decreased
accessibility for persons with disabilities; a lack of adequate access for first responder
and emergency personnel; the monopolization of public spaces for private
commercial use; traffic safety concerns for motorists, bicyclists, and pedestrians; and
a lack of sales tax being collected.
(c) It is therefore necessary to regulate sidewalk vending in such a manner as to obtain
benefits for the Town while at the same time minimizing problems.
(Code 1968, § 19A.00.010)
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Sec. 14.70.020. Definitions.
The following words,terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved location. A site approved for location of a sidewalk vendor pursuant to this
article.
Food means raw, cooked, or processed edible substance, ice, beverage, an ingredient used
or intended for use or for sale in whole or in part for human consumption, chewing gum, and
any other items defined as food by the California Retail Code.
Food preparation. The cooking or processing of food. It does not include assembling
precooked or prepared foods or adding condiments.
Mobile vendor means any person in charge of or driving any motorized mobile vending
vehicle requiring a state driver's license to operate, either as an agent, employee, or otherwise
under the direction of the owner.
No vending or limited vending zone means an area where sidewalk vending is prohibited or
limited due to objective public health, safety, or welfare concerns. The Town Council may
establish no vending or limited vending zones by resolution,as set forth in this Chapter.
Permittee. Any person holding a valid sidewalk vending permit under this article. For
purposes of this article, the act or omission of an agent or employee of any permittee is for all
civil purposes the act or omission of the permittee.
Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
Sidewalk vending means to sell, offer for sale, expose or display for sale, solicit offers to
purchase, or to barter food, goods,or merchandise on any public sidewalk, paved pedestrian
path, park, or other public property, with or without the assistance of a vending device, or to
require someone to pay a fee or to set, negotiate, or establish a fee before providing any such
food, goods, or merchandise, even if characterized by the sidewalk vendor as a donation.
Sidewalk vendor means a person who sells food or merchandise from a vending device or
from one's person, upon a public sidewalk, paved pedestrian path, park, or other public
property. This term is inclusive of both roaming and stationary sidewalk vendors.
Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.
Vending device means a pushcart, stand, display, pedal-driven cart, wagon, showcase,
rack, nonmotorized conveyance (including trailers), freestanding table, chair, box, stand, or any
container, structure, or other object used or capable of being used for holding, selling,
advertising, or displaying tangible things,together with any associated seating facilities.
Vending device does not include any street furniture such as benches or planters,any other
structure permanently installed by the Town of Los Gatos or with the consent of the Town of
Los Gatos.
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Enforcement official means the Town Manager or designee, a Town code enforcement
officer, a Parks Service Officer,and any Police Department sworn personnel and community
service officers.
(Code 1968, §§ 19A.05.010-19A.05.050)
Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.
Sec. 14.70.030. Sidewalk Vending Permit Required.
(a) Sidewalk vending is not permitted without a sidewalk vending permit issued by the
Town.
(b) A sidewalk vending permit shall only permit the operation of one vending device at any
one time.
(c) No permit granted pursuant to this Chapter shall be transferable.
(d) An approved stationary sidewalk vending permit grants the permittee the privilege of
occupying a particular portion of the public path or sidewalk for the purpose of
conducting the approved vending business. An approved stationary vending permit
does not grant the permittee any estate or other property right or interest to operate at
the location for which the permit is issued and/or to operate at any location in the
public street.
Sec. 14.70.040. Sidewalk vending permit application and fees.
(a) To apply for a sidewalk vending permit, the sidewalk vendor applicant must file an
application with the Town. The application shall be in a form developed by Town staff
and shall contain the following:
1. The legal name and current address,telephone number, and email address of
the applicant, who must be a natural person (i.e., an individual human being and
not a corporation,firm, partnership, etc.), a copy of the applicant's California
driver's license, California identification card, U.S. passport, individual taxpayer
identification number, federal identification number, or other identification
number or card issued by a foreign government;
2. If sidewalk vending as a representative of a firm, association, or partnership, the
name and address thereof and the names and residences of partners or
association members. If sidewalk vending as a representative of a corporation,
the name and address thereof and the names and residences of officers and a
local manager;
3. A Statement of Operations which includes the type of operation (mobile or
stationary), description of the food or merchandise offered for sale, hours of
operation, and location of operation;
4. Copies of all required licenses and permits, including but not limited to, a Town
of Los Gatos business license, California seller's permit, and copies of all permits
and approvals needed from the County of Santa Clara Department of
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Environmental Health. Each separate concurrently operating vending location
requires its own business license and sidewalk vending permit.
5. The following release, indemnification, and acknowledgement requirements:
(i) An agreement by the applicant to waive and release the Town and its
officials, agents, employees, contractors, and volunteers from and against
any and all claims, costs, liabilities, expenses, or judgements (including
attorneys' fees and court costs) related to or arising out of the applicant's
sidewalk vending activities.
(ii) An agreement by the applicant to, to the greatest extent allowed by law,
defend, indemnify, and hold harmless the Town, its officials, agents,
employees, contractors,and volunteers from and against any and all
claim related to or arising out of the applicant's sidewalk vending
activities.
(iii)An acknowledgement and agreement that the applicant's use of the
sidewalk or other Town facilities is at the applicant's own risk, and it is
not the Town's responsibility to ensure that the vending location is safe
or conductive to the vending activities.
6. Photos, dimensions, and a description of the vending device that will be used. If
the vending device is mobile,the application shall also contain all applicable
vehicle identification information including VIN, make, model and engine
number;
7. An acknowledgement of having read and an agreement to abide by this Chapter;
and 1.
8. Commercial general liability, automobile, and workers compensation insurance
policies and other such policy as the Town shall require.
(Code 1968, § 19A.15.060)
Cross reference(s)—Health and sanitation generally, Ch. 13; sewers and sewage
disposal, Ch. 22.
Sec. 14.70.050. Sidewalk vending permit approval, conditions, denial, or revocation.
(a) A sidewalk vending permit shall be approved unless it is determined that:
(1) Information contained in the application, or supplemental information requested
from the applicant, is incomplete or false in any material detail; or
(2) The proposed operations are contrary to the provisions and operating standards of
this Chapter;
(3) The applicant has failed to pay or otherwise resolve any previous administrative
citations associated with a previous violation of this Chapter;
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(4) The location of the proposed vending operations has already been approved for
another use (including other vending operations) at the time the applicant proposes
to vend at the subject location; or
(5) The proposed vending operations are in violation of any federal, state, or local law or
ordinance and/or the Town's approval of a sidewalk vending permit would be
contrary to legal requirements applicable to the Town.
(b) Reasonable sidewalk vending permit conditions, regulating the time, place, and manner
of sidewalk vending may be added.
(c) If the permit is denied, written notice of such denial and the reasons therefore will be
provided to the applicant.
(d) A sidewalk vending permit may be revoked for violation of this Chapter. A sidewalk
vendor whose permit is revoked may apply for a new sidewalk vending permit upon the
expiration of the term of the revoked permit.
(e) An applicant may appeal the decision to deny, revoke, or condition the application to the
Town Manager within ten business days of the decision. An appeal hearing will be held
by the Town Manager or their designee within ten business days from the date the
appeal is received. At the hearing, both the applicant and the staff member denying the
permit shall have the right to appear and to present evidence and arguments relevant to
the grounds on which the decision to deny the application is appealed. The burden of
proof shall be on the applicant to show that they meet the qualifications for a sidewalk
vending permit. The decision of the Town Manager, or their designee, shall be final and
conclusive upon the applicant.
(Code 1968, § 19A.15.080)
Sec. 14.70.060. Sidewalk Vending Permit Expiration and Renewal.
A sidewalk vending permit shall be valid for twelve months from the date of issuance, except
that a sidewalk vending permit shall be deemed null and void upon the revocation or expiration
of: a) the related Town-issued business license, b) a required permit from the County of Santa
Clara Department of Environmental Health, and/or c)the California seller's permit issued
pursuant to Revenue and Taxation Code Section 6067.
Sec. 14.70.070. Sidewalk Vending Standards.
Sidewalk vendors shall comply with the following standards in order to preserve Town
infrastructure, prevent unreasonable conflicts with pedestrians and vehicular traffic, prevent
improper disposal of trash, and to assure that pedestrians (including pedestrians with
disabilities) have adequate and accessible thoroughfares, to minimize trip and fall hazards, to
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ITEM NO. 11.
address driver visibility or distraction concerns, and to address other public health, safety, and
welfare concerns.
(a) Location.
(1) Sidewalk vending is only permitted on paved surfaces.
(2) To maintain accessibility, sidewalk vendors shall not place or allow any obstruction to
be placed on the sidewalk or pedestrian pathway that would reduce the width of the
sidewalk or pedestrian pathway below five feet or one-half of the sidewalk,
whichever is greater, excluding curb, and excluding any sidewalk areas that are
made non-passable due to any natural barriers or other existing conditions or
obstructions such as posts, parking meters, street trees, planters, or signs that are
located on the sidewalk, except for the brief duration of time for a roaming sidewalk
vendor to conduct a sale. Sidewalk vendors shall maintain their vending devices at
all times in a manner that provides sufficient access to the sidewalk and avoids
impeding the flow of pedestrian traffic. At no time may a sidewalk vendor operate in
such a fashion that would violate or cause a violation of the Americans with
Disabilities Act or state law on accessibility, or cause the sidewalk to narrow in a
fashion that violates the accessible path of travel for persons with disabilities,
including persons who use wheelchairs or other mobility devices.
(3) Sidewalk vendors are prohibited within 200 feet of an intersection.
(4) Sidewalk vendors shall not interfere with access or use of Town infrastructure,
including Town benches, bike racks, wheelchair access ramps, stairs, parking meters,
trash receptables, or recycling receptables.
(5) Sidewalk vendors shall maintain a clear distance of 48 inches from any fire hydrant,
emergency exit, or other emergency facility; (3) any curb which is designated as
white, yellow, green, blue, or red zone, or a bus zone; (4) any entrance or exit to a
building, facility, or stairway access point; or (5) any driveway or driveway apron.
Vending or operating in a way that violates the accessible path of for persons with
disabilities is per se unreasonable.
(6) Stationary sidewalk vendors shall not locate their vending device over or within
fifteen feet of a storm drain.
(7) Vendors may not operate within twenty-five feet (25') of an automatic teller machine
(ATM).
(8) At locations where on street parking is angled to the curb, the vending device or area
shall be set back three feet (3')from the curb face.
(b) Display.
(1) In no event may a sidewalk vendor's total operational size (including any vending
display device) exceed fifteen square feet.
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ITEM NO. 11.
(2) Vending devices shall be at least 18 inches in height. No person engaged in sidewalk
vending may display or sell their wares on the ground, or on a cloth, tarp, or other
similar material on the ground.
(3) No permittee shall employ or have any movable or permanent stands, tables, chairs
or devices other than the permitted stand or pushcart and one (1) chair for the
permittee situated at any approved location.
(4) No food sidewalk vendor may be accompanied by or in the custody or possession of
an animal, except a service animal.
(5) Sidewalk vendors shall not use easy-ups, tents, or similar shade structures.
(c) Operations.
(1) Sidewalk vendors shall not vend to occupants of motorized vehicles in operation.
(2) Sidewalk vendors shall not cause onlookers, customers, or others to obstruct the
accessible path of travel for persons with disabilities, or the free flow or view of
pedestrian or vehicular traffic.
(3) To maintain the free movement of pedestrians and/or vehicles, sidewalk vendors
shall not use signs in connection with the sale, display, or offering for sale of items,
except for those signs affixed to or painted on a vending device and that are no
larger than the vending device itself.
(4) Sidewalk vendors must provide a trash receptable for customers and employ good
faith efforts to ensure proper disposal of customer trash. Prior to leaving any
vending location,the sidewalk vendor shall pick up, remove, and dispose of all trash
generated by the vending operations and/or the vendor's customers within a
twenty-foot radius of the vending location. Sidewalk vendors are responsible for
disposing of the trash or any residue associated with their business and may not use
Town receptables for this purpose.
(5) At all times while vending, food sidewalk vendors shall possess and display in plain
view on the vending device a valid permit from the County of Santa Clara
Department of Environmental Health.
(6) At all times while vending, sidewalk vendors shall possess and display in plain view
on their person or on their vending device a valid sidewalk vending permit issued
pursuant to this Chapter and a valid business license issued in accordance with
Chapter 14 of the Town Code. A properly permitted sidewalk vendor must remain on
site for all vending activities.
(7) Vending devices shall not be chained,fastened, or affixed at any time to any building
or structure, including, but not limited to, lampposts, parking meters,traffic signals,
fire hydrants, benches, bus shelters,trash cans, street signs, trees, or other objects
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within the public right-of-way. No vending devices shall become a permanent fixture
on the vending site or be considered an improvement to real property.
(8) Vending devices shall not be left or stored unattended on public property or within
the public right-of-way.
(9) Sidewalk vendors shall not vend or distribute: (1) live animals, wildlife, fish, fowl, or
insects; or (2) items that are otherwise illegal to sell or distribute under other laws
(such as unlawful narcotics, cannabis, weapons, and counterfeit merchandise). Note
that the unlawful possession or distribution of items is punishable according to the
terms of applicable federal, state, or local law making such possession or distribution
illegal.
(10) Sidewalk vendors shall not use sidewalks or public property as storage for extra
inventory, merchandise,or personal belongings, except for: (1) vending devices,
items placed on or in vending devices, and associated seating; and (2) personal
belongings wholly contained underneath or inside or a vending device.
(11) No person shall use any street furniture, including any bench, planter, utility
cabinet, or other street furniture or structure permanently installed on public
property, for the display,sale, or distribution of food, goods,or merchandise.
(12) Trailers are not permitted on the sidewalk pursuant to California Vehicle Code
22500(f). Violation of this rule is punishable in accordance with the terms of the
California Vehicle Code.
(13) Sidewalk vendors shall not connect to Town-owned utilities such as, but not
limited to, electric boxes, water lines, and gas lines.
(14) Vendors shall not allow customers in their queue or encourage customers to
interfere with or obstruct public right-of-way, paved pedestrian pathways, or traffic.
(15) In order to minimize noise impacts on residential units, in mixed use areas, a
vendor may only engage in sidewalk vending between the hours of 9 a.m. and 5
p.m., or during hours of operation of adjacent businesses or uses on the same
street, whichever is later.
(16) Sidewalk vendors shall be responsible for their own compliance with all
applicable federal, state, and local laws, including without limitation state food
preparation, handling, and labeling requirements; fire codes and regulation; noise
standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette,
smoking devices and controlled substances regulations; sanitation and health
standards and the American with Disabilities Act and other disability access
standards (both state and federal).
(17) Sidewalk vendors shall not operate or vend in a way that violates the terms of
conditions of their sidewalk vending permit.
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ITEM NO. 11.
(18) No permittee shall use, play or employ any sound, outcry, amplifier,
loudspeaker, radio or any other instrument or device for the production of sound in
connection with the promotion of a pushcart.
(19) Food preparation is prohibited. Only ready-to-eat food may be sold.
Sec. 14.70.080. Restricted vending times and locations.
(a) Stationary sidewalk vending is not permitted in the following areas:
(1) In any Town park when the park is closed or where the Town has entered into an
agreement for concessions that exclusively permits the sale of food or merchandise
by the concessionaire.
(2) In areas that are zoned exclusively residential.
(3) Within 300 feet of a permitted certified farmers' market during the limited operating
hours of that certified farmers' market or a special event for which a special event
permit has been issued during the hours of that special event. 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 Code and any
regulations adopted pursuant to that Chapter.
(4) Within 400 feet of a school between the hours of 7:00 a.m. and 4:00 p.m. on school
days.
(5) Within 600 feet of any entertainment establishment between the hours of 10 p.m.
and 2 a.m.
(6) Within 200 feet of another sidewalk vendor.
(7) Within 50 feet of a location subject to a special event permit.
(b) Both stationary and roaming sidewalk vending shall not be permitted on a bike path, a
street (including within on-street parking spaces), within a driveway, or in a public
parking lot.
(c) In order to vend at Town parks, a park permit is required.
(1) A maximum of one vendor is permitted at each Town park.
(2) Vendors in parks are limited to two consecutive days within each 30-day period.
measured on a rolling basis.
(3) Vendors in parks are permitted only on paved surfaces within 20 feet of a park
entrance.
(4) Vendors is parks are subject to the same permit requirements and fees as are
imposed for vending permits outside of parks.
(d) The Town Council may, by resolution, designate no vending or limited vending zones due
to objective health, safety, or welfare concerns. In designating a no vending or limited
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vending zone, the Town Council shall first determine that vending without limitation in
the area would impede or interfere with public health, safety, or welfare.
(e) This Section shall not be construed as prohibiting events that are conducted pursuant to,
and in accordance with, a special event permit issued by the Town.
(Code 1968, § 19A.15.030)
Sec. 14.70.090. (Code 1968, § 19A.15.040)
Cross references)—Food and food establishments generally, Ch. 10.
Sec. 14.70.100. Compliance with other laws.
Every permittee shall at all times have a valid business license. If food is being sold, a
permit is also required from the County Health Department. Every permittee shall also comply
with sections 28640 et seq. of the California Health and Safety Code.
(Code 1968, § 19A.15.050)
Sec. 14.70.120. Administrative Citations.
(a) Unless otherwise provided, a violation of this Chapter by a sidewalk vendor who has a
valid sidewalk vending permit from the city is punishable only by an administrative
citation, in the amounts not to exceed the following;
(1) One hundred dollars ($100)for a first violation
(2) Two hundred dollars ($200)for a second violation within one year of the first
violation.
(3) Five hundred dollars ($500)for each additional violation withing one year of the first
violations.
(b) Unless otherwise provided, a person engaged in sidewalk vending without a valid town
sidewalk vending permit shall be issued an administrative citation in amounts not to
exceed the following, in lieu of the amounts set forth in subsection (a):
(1) Two hundred fifty dollars ($250)for a first violation.
(2) Five hundred dollars ($500)for a second violation withing one year of the first
violation.
(3) One thousand dollars ($1,000)for each additional violation within one year of the
first violation.
(c) A person issued an administrative citation pursuant to subsection (b), upon submitting
proof of a valid sidewalk vending permit issued by the Town within ten calendar days of
the date a citation is issued, may have the amount of their citation reduced to amounts
set fourth in subsection (a).
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ITEM NO. 11.
(d) Unless otherwise provided, a violation of this Chapter shall not be punishable as an
infraction or misdemeanor. No person alleged to have violated the provisions herein
shall be subject to arrest except when otherwise permitted by law.
(e) If an individual violated this Chapter and is issued an administrative citation, that person
is required to come into reasonably prompt compliance with this Chapter. If a cited
individual continues to operate unlawfully and/or fails to come into reasonably prompt
compliance with this chapter, the individual may be issued a subsequent administrative
citation on the same day, so long as at least one hour has passed between each
administrative citation.
(f) In order to facilitate the administration of this Chapter, Town enforcement staff are
authorized to ask sidewalk vendors who are reasonably believed to be vending in
violation of this Chapter for their identification card, or other identifying information,
and said individuals are required to provide such information to the requestion
enforcement staff.
(g) A person who is issued an administrative citation(s) may contest the citation subject to
the requirements and procedures of Chapter 1 of this Code. If the contest of the citation
is successful, the hearing officer shall order the Town to return the fee paid for
contesting the citation.
(h) The Town shall also provide a person who receives a citation with a notice of their 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 any time before the assessed fine is paid, including while
a judgment remains unpaid, when a case is delinquent, or when a fine has been referred
to a comprehensive collection program. There shall be no charge for an ability-to-pay
determination.
(i) If the person meets the criteria described in subdivision (a) or (b)of Government Code
Section 68632, the Town shall accept, in full satisfaction,twenty percent of the fee
assessed for an administrative citation imposed pursuant to this Chapter.
(j) The Town may develop processes or regulations that would (1) allow for a person to
complete community service in lieu of paying the total administrative fine; (2) provide
for waivers of the administrative fine; or (3) provide for the offering of alternative
dispositions.
(k) Administrative citations issued under this section shall include the following notice: "You
have a right to contest this citation within thirty (30) calendar days by completing a
request for hearing form and returning it to the Town Clerk. If you do not contest the
citation, you waive your right to contest it. You also have the right to request an ability-
to-pay determination at any time before the assessed fine has been paid."
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ITEM NO. 11.
(I) Failure to pay the assessed fine issued pursuant to this section shall not be punishable as
an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial
conditions beyond those authorized herein shall not be assessed for failure to pay an
administrative citation fine.
(m)No person shall willfully interfere with or obstruct any Town code enforcement officer,
community services officer, or police officer in their enforcement of the provisions of
this chapter. Willful (1) failure to properly identify oneself done for the purpose of
attempting to evade an administrative citation, and/or (2) interference with or
obstruction of an impoundment authorized pursuant to this Chapter shall constitute
unlawful interference or obstruction under this subsection. Violation of this subsection is
a misdemeanor.
(Code 1968, § 19A.15.100)
Sec. 14.70.130. Impoundment.
(a) The Town may impound vending devices, food, goods, and/or merchandise that:
(1) Reasonably appear to be abandoned on public property; or
(2) Are displayed, offered, or made available for rent or sale by sidewalk vendor who (A)
operates in violation of this chapter; and (B) refuses or fails to provide identification,
as required by this Chapter refuses to remove their vending device,food for sale,
and/or goods/merchandise for sale after being instructed to do so by a Town
enforcement official; or
(3) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who
(A) does not possess a valid applicable sidewalk vending permit; and (B)also refuses
to remove their vending device, food for sale, and/or goods/merchandise for sale
after being instructed to do so by a Town enforcement official; or
(4) Is (A) creating an imminent and substantial safety or environmental hazard by the
location of the vending device or the nature of the goods being offered for sale, and
(B) refuses to remove their vending device,food for sale, and/or goods/merchandise
for sale after being instructed to do so by a Town enforcement official; Or
(5) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who
has, within a twenty-four-month period, been found responsible for violating this
Chapter four or more times.
(b) The Town may immediately dispose of impounded materials that are perishable or
cannot be safely stored.
(c) An aggrieved vendor may, within ten days, appeal the impoundment of their property
by requesting an administrative hearing before a hearing officer appointed by the Town.
and if successful in their appeal, may have their property returned without paying an
impound fee. The appeal hearing shall be conducted pursuant to the administrative
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ITEM NO. 11.
enforcement hearing. Any appeal fee paid by the sidewalk vendor shall be returned to
the sidewalk vendor if they are successful on appeal.
(d) An individual may recover impounded materials upon paying applicable impound fees
and demonstrating proper proof of ownership.
(e) The Town Council may by resolution adopt impound fees, which shall reflect the Town's
enforcement, investigation, storage, and impound costs.
(f) Any unclaimed items will be considered abandoned and forfeited to the Town after
ninety days following impoundment.
SECTION IV.Severability.
In the event that a court of competent jurisdiction holds any Section, subsection,
paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the
validity of the remaining portions of this Section. The Town hereby declares that it would have
adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section
irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences,
clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise
invalid. `t
SECTION V. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with
certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION VI. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this
Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs
the City Clerk to cause this Ordinance or a summary thereof to be published or posted in
accordance with Section 36933 pf the Government Code of the State of California.
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ITEM NO. 11.
SECTION VII. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on the day of 20 , and adopted by the Town Council of the Town of Los Gatos
at its regular meeting on the day of 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
AP
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: 41:11111111i- iilit
TOWN CLERK OF THE TOWN OF LOS GATOS lb
LOS GATOS, CALIFORNIA
111\)‘
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