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item_11.addendum._sidewalk_vending_with_attachment110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 11/19/2024 ITEM NO: 11 ADDENDUM DATE: November 18, 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. REMARKS: Attachment 6 contains the staff presentation. Attachments received with the staff report: 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” Attachment Received with this Addendum: 6.Staff Presentation This Page Intentionally Left Blank Sidewalk Vending Ordinance Town Council Meeting November 19, 2024 ATTACHMENT 6 BACKGROUND The Town Code currently regulates peddlers and solicitors and pushcarts. BACKGROUND Senate Bill 946 was enacted in 2019 and changes the ways in which public entities can regulate street vendors. SB 946 prohibits the Town from regulating sidewalk vendors except in accordance with Government Code Sections 51038 and 51039. BACKGROUND “Sidewalk vendor” defined as: “A person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person upon a public sidewalk or pedestrian path. What SB 946 Prohibits: •Requiring the sidewalk vendor to only operate within specific parts of the public right of way – except when restriction is directly related to objective health, safety, or welfare concerns. •Prohibiting sidewalk vendors from operating in a public park – but can prohibit stationary sidewalk vending where the Town already has an agreement with a third party for exclusive concessions in the park. What SB 946 Prohibits (cont.): •Requiring a sidewalk vendor to obtain the approval of a non-governmental entity before selling food or merchandise. •Restricting sidewalk vendors to operate only in designated neighborhoods – except when the restriction is directly related to objective health, safety, or welfare concerns. What SB 946 Allows: •Regulating time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns. •Prohibiting stationary (but not roaming) sidewalk vendors in areas that are zoned as exclusively residential. •Adopting 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 insure the public’s use and enjoyment of the park. What SB 946 Allows (cont.): •Limiting the hours of operation – so long as consistent with limitations on hours of operation imposed on other businesses or uses on the same street. •Imposing requirements to maintain sanitary conditions. •Imposing requirements necessary to ensure compliance with ADA and other accessibility laws. What SB 946 Allows (cont.): •Requiring a permit or business license. •Requiring the vendor to possess a valid CA Department of Tax and Fee Administration Seller’s Permit. •Requiring additional licenses from other state or local agencies to the extent required by law. What SB 946 Allows (cont.): •Requiring sidewalk vendors to submit information regarding their operations, including a mailing address, description of merchandise, etc. •Prohibiting sidewalk vendors from operating near certified farmers’ markets, swap meets, and other events subject to a temporary special permit. Permissible Features of Vending Restrictions: 1)Requiring a permit. 2)Requiring operations information including a.Mailing address; b.Description of merchandise; c.CA seller’s permit number. 3) Grounds for Denying, Conditioning, or Revoking: Must be directly related to objective health, safety, or welfare concerns. 4) Can require vendors to adhere to specific operational standards and time, place, and manner restrictions so log as directly related to objective health, safety, and welfare concerns, and so long as in compliance with SB 946. Recommendations from 8/15 Study Session 1)Require that all sidewalk vendors obtain a permit 2)Require that all sidewalk vendors obtain a permit 3)Prohibit sidewalk vending in areas zoned exclusively residential 4)Limit sidewalk vending area to 15 square feet 5)Prohibit pop-up tents 6)Prohibit blocking of entrances to businesses 7)Prohibit limiting line of sight at intersections 8)Regulate vendors in parks (e.g., limit numbers, hours of operation, and require visible locations) 9)Limit hours of operation Current Regulations •Town Code Sections 14.40.010 and following regulate peddlers and solicitors •Town Code Section 14.70.010 and following regulate pushcart vendors Proposed Changes 1)Rescind the existing pushcart ordinance and replace it with a new sidewalk vending ordinance 2) Amend the existing peddler and solicitor ordinance to exclude sidewalk vendors from its provisions. QUESTIONS?