HomeMy WebLinkAbout5.11 Amendments to the Dublin Municipal Code to Add Chapter 4.50 (Sidewalk Vending) and Amend Section 5.100.090 (Merchandising, Advertising, and Signs – Prohibited Acts) (PLPA-2024-00049)r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Lily 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 5.1 I
SU B.ECT: Amendments to the Dublin Municipal Code to Add Chapter 4.50 (Sidewalk
Vending) and Amend Section 5.100.090 (Merchandising, Advertising, and
Signs - Prohibited Acts) (PLPA-2024-00049)
Prepared by: Gaspare Annibale, Associate Planner & Felicia Escover,
Economic Development Manager
EXECUTIVE SUMMARY:
On June 25, 2024, the City Council considered amendments to the Dublin Municipal Code to
regulate sidewalk vendors in accordance with SB 946. This includes adding Chapter 4.50
(Sidewalk Vending) to Title 4 (Regulation of Businesses) to establish regulations for sidewalk
vendors, and amending Section 5.100.090 (Merchandising, Advertising and Signs —Prohibited
Acts) to clarify that the City's general restrictions on selling goods and services in City parks do
not apply to sidewalk vendors. On June 25, 2024, the City Council waived the first reading and
introduced the Ordinance amendments with an adjustment to the wording of Section 4.50.060(B)
that has been incorporated and reflected in Attachment 1. The City Council is now requested to
waive the second reading and adopt the proposed Ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Approving Amendments to the Dublin
Municipal Code to Add Chapter 4.50 (Sidewalk Vending) to Title 4 (Regulation of Businesses), and
Amend Section 5.100.090 (Merchandising, Advertising and Signs —Prohibited Acts).
FINANCIAL IMPACT:
The adopted Master Fee Schedule includes a fee for Sidewalk Vending Permits to recover the City's
associated administrative costs.
Page 1 of 3
1
DESCRIPTION:
Senate Bill 946 (SB 946) Sidewalk Vendors decriminalized and limited local regulation of sidewalk
vending. The legislation expressly preempts any city regulations other than the time, place, and
manner in which sidewalk vending can occur, and ensures that cities only adopt reasonable
regulations related to objective health, safety, and welfare concerns. The legislation also prohibits
any enforcement other than administrative fines, imposes strict caps on those fines, and requires
cities to develop an administrative process for vendors in violation to have their fines reduced to
reflect their ability to pay.
The proposed sidewalk vending ordinance establishes minimum requirements for sidewalk
vendors to protect pedestrians and customers as it relates to health, safety, or welfare concerns. In
developing the ordinance, Staff looked at sidewalk vending ordinances other Tri-Valley cities have
adopted, such as the Pleasanton and Danville, and referenced similar regulations where
appropriate.
Staff has also prepared companion amendments to Dublin Municipal Code (DMC) Section
5.100.090 (Merchandising, Advertising and Signs —Prohibited Acts) to clarify these regulations do
not apply to sidewalk vendors.
On June 25, 2024, the City Council waived the first reading and introduced the Ordinance
amendments with an adjustment to the wording of Section 4.50.060(B) that has been
incorporated and reflected in the draft Ordinance. Instead of saying "B. The sidewalk vendor
permit shall be renewed annually," the ordinance will say, "B. Sidewalk vendors shall apply for
renewal annually."
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of
Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for
environmental impacts and environmental documents be prepared. The City Council will
consider finding the proposed ordinance and amendments to the Dublin Municipal Code exempt
from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can
be seen with certainty that the amendments will not have a significant effect on the environment
and are not subject to CEQA review.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
Page 2 of 3
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ATTACHMENTS:
1) Ordinance Approving Amendments to the Dublin Municipal Code to Add Chapter 4.50
(Sidewalk Vending) to Title 4 (Regulation of Businesses), and Amend Section 5.100.090
(Merchandising, Advertising and Signs —Prohibited Acts)
2) City Council Staff Report, dated June 25, 2024, Without Attachments
Page 3 of 3
3
Attachment I
ORDINANCE NO. XX — 24
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE TO ADD CHAPTER 4.50
(SIDEWALK VENDING) TO TITLE 4 (REGULATION OF BUSINESSES), AND AMEND
SECTION 5.100.090 (MERCHANDISING, ADVERTISING AND SIGNS — PROHIBITED ACTS)
(PLPA-2024-00049)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The City occasionally initiates amendments to the Dublin Municipal Code (DMC) to clarify, add,
or amend certain provisions to ensure that the DMC remains current with federal and state law,
internally consistent, simple to understand and implement, and relevant to changes occurring
in the community.
B. On September 17, 2018, the Governor approved Senate Bill 946 (SB 946), which
decriminalized and limited local regulation of sidewalk vending.
C. SB 946 is intended to promote sidewalk vending as a legitimate economic activity and ensure
that cities only adopt reasonable time, place, and manner regulations related to objective
health, safety, and welfare concerns.
D. SB 946 only applies to sidewalk vending in public rights -of -way; private rights -of -way are still
subject to private and local regulations.
E. The City of Dublin (City) has initiated amendments to the DMC to establish regulations for
sidewalk vendors in accordance with the provisions of SB 946. It addresses objective health,
safety, and welfare concerns that arise from the use of public right-of-way for vending.
F. The proposed ordinance would add Chapter 4.50 (Sidewalk Vending) to Title 4 (Regulation of
Businesses) and would require that all sidewalk vendors comply with the operating
requirements of the ordinance in which reasonable time, place, and manner regulations have
been established related to objective health, safety, and welfare concerns. The regulations are
designed to ensure accessibility standards are maintained; the safety of customers,
pedestrians, cyclists, and motorists is prioritized; and the proper health and sanitary conditions
are upheld.
G. The proposed ordinance would also amend Section 5.100.090 (Merchandising, Advertising
and Signs —Prohibited Acts) to clarify that the City's general restrictions on selling goods and
services in City parks do not apply to sidewalk vendors.
H. A Staff Report was submitted to the Dublin City Council on June 25, 2024, recommending
approval of the amendments to the DMC.
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 10
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I. The City Council held a public hearing on the proposed amendments to Dublin Municipal Code
Chapter 4.50 (Sidewalk Vending) and Section 5.100.090 (Merchandising, Advertising and
Signs —Prohibited Acts) on June 25, 2024, at which time all interested persons had an
opportunity to be heard.
J. Proper notice of said ordinance was given in all respects as required by law.
K. The City Council did hear and consider all said reports, recommendations, and testimony
herein above set forth and used its independent judgment to evaluate the project.
SECTION 2. FINDINGS
The California Environmental Quality Act (CEQA), together with State Guidelines and City of
Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. The City Council will
consider finding the proposed ordinance and amendments to the Dublin Municipal Code exempt
from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can
be seen with certainty that the amendments will not have a significant effect on the environment
and are not subject to CEQA review.
SECTION 3. ADDITION OF CHAPTER 4.50
Chapter 4.50 is added to Title 4 (Regulation of Businesses) of the Dublin Municipal Code and is
to read and be numbered as follows:
Chapter 4.50
SIDEWALK VENDING
Sections:
Article I. General Provisions
4.50.010 Purpose —Authority.
4.50.020 Definitions.
4.50.030 Owner responsibility.
4.50.040 Violations —Penalty.
4.50.050 Ability to pay determination.
Article II. Permit Procedure
4.50.060 Permit —Required.
4.50.070 Application procedure and requirements.
4.50.080 Amendments to permit.
4.50.090 City sidewalk vending permit fee required.
4.50.100 Permit —Issuance or denial.
4.50.110 Permit —Grounds for denial.
4.50.120 Permit —Display requirements.
4.50.130 Revocation or suspension —Reasons.
4.50.135 Notification of revocation.
4.50.140 Appeal procedure.
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 10 5
4.50.150
4.50.160
4.50.170
Article III. Operating Requirements.
Requirements —Sidewalk vending.
Prohibited locations.
Sidewalk vending in parks.
Article I. General Provisions
4.50.010 Purpose - Authority.
The purpose of this Chapter is to establish regulations for sidewalk vendors in accordance with
the provisions of SB 946. It aims to address objective health, safety, and welfare concerns that
arise from the use of public right-of-way for vending. These concerns include ensuring
accessibility standards; prioritizing the safety of pedestrians, cyclists, and motorists; as well as
maintaining proper health and sanitary conditions.
4.50.020 Definitions.
Unless the provision or context otherwise requires, the definitions contained herein shall govern
the construction of this Chapter.
"Applicant" means any person who applies for a permit as required by this Chapter.
"Certified Farmers' Market" means a farmers' market operating in accordance with California Food
and Agricultural Code 47004 et seq. in a location approved by the City of Dublin.
"City Sidewalk Vendor Permit" means a permit issued to a sidewalk vendor by the Permit
Administrator in accordance with this Chapter.
"Operator" refers to any individual responsible for the management and operation of a sidewalk
vending enterprise.
"Owner" encompasses the following individuals or entities:
The sole proprietor of a sole proprietorship engaged in sidewalk vending.
Any general partner affiliated with a general or limited partnership that holds ownership of
the sidewalk vending business.
Any person possessing a ten (10) percent or greater ownership stake in a corporation that
possesses the sidewalk vending enterprise.
Any individual who is a member of a limited liability company (LLC) that has ownership
rights in the sidewalk vending business.
All proprietors or stakeholders of any other type of business association that possesses
ownership rights in the sidewalk vending business.
The principal business proprietor or entity that grants authorization for vendor operations
within the business.
"Permit Administrator" means the Chief of Police or his/her designee.
"Permittee" refers to any person operating or maintaining a sidewalk vending business.
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 3 of 10
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"Right -of -Way" refers to all public streets, sidewalks, pedestrian paths, landscape areas, and
easements, now and hereafter owned by the City.
"Roaming Sidewalk Vendor" means a sidewalk vendor who moves from place to place and stops
only to complete a transaction.
"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.
"Special Event" means an event sponsored or approved by the City involving the exclusive use of
a City street or property including, but not limited to an encroachment permit or special event
permit.
"Stationary Sidewalk Vendor" means a sidewalk vendor who vends from a fixed location.
4.50.030 Owner responsibility.
For the purpose of enforcing the requirements of this Chapter, the owner of the sidewalk vending
enterprise shall be responsible for the conduct of all employees, independent contractors, or other
representatives while such persons are providing services on behalf of the business. The owner
of the sidewalk vending enterprise must submit information on his or her operations, including if
the sidewalk vendor is an agent of an individual, company, partnership, or corporation and the
name and business address of the principal to the Permit Administrator during the permit
application process. The Permit Administrator may discipline an owner or operator of the sidewalk
vending business for the conduct of all individuals operating on behalf of the business.
4.50.040 Violation - Penalty.
A. Every person vending without a sidewalk vending permit may be subject to an administrative
violation punishable by an administrative fine not to exceed:
1.Two hundred fifty dollars ($250) for a first violation.
2. Five hundred dollars ($500) for a second violation within one (1) year of the first
violation.
3. One thousand dollars ($1,000) for each additional violation within one (1) year of the
first violation.
The Permit Administrator may rescind a permit issued to a sidewalk vendor for the term of that
permit upon the fourth violation or subsequent violations.
Upon proof of a valid permit, the administrative fines set forth in Section A shall be reduced to the
administrative fines set forth in Section B, respectively.
B. Every person violating the provisions of this Chapter, except as identified in Section
4.50.040.A, is guilty of an administrative violation punishable by an administrative fine not to
exceed:
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.
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 4 of 10
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3. Five hundred dollars ($500) for each additional violation within one (1) year of the first
violation.
C. The Permit Administrator may rescind a permit issued to a sidewalk vendor for the term of that
permit upon the fourth violation or subsequent violations.
D. Violations of this Chapter are not punishable as infractions or misdemeanors.
E. Failure to pay an administrative fine pursuant to this Chapter is not punishable as an infraction
or misdemeanor. Additional financial conditions beyond those authorized in this Chapter shall not
be assessed.
4.50.050 Ability -to -pay determination.
Any administrative citation issued under Chapter 4.50 will include instructions regarding the right
to request an ability -to -pay determination. If the requestor meets the criteria described in
Government Code Section 68632 (a) or (b), the City shall accept, in full satisfaction, twenty
percent (20%) of the otherwise applicable fee.
Article II. Permit Procedure
4.50.060 Permit - Required.
A. Only sidewalk vendors with valid sidewalk vending permits issued by the Permit Administrator
may vend upon the City's public right-of-way.
B. Sidewalk vendors shall apply for renewal annually.
4.50.070 Application procedure and requirements.
An application for a sidewalk vending permit shall be submitted to the Permit Administrator on
forms provided by Dublin Police Services and shall include the permit processing fee established
by the City Council as part of the City's Master Fee Schedule. Such forms shall require submission
of the following information:
A. The name, address, and telephone number of the business owner and manager and any
individuals who will be employed as sidewalk vendors under the permit.
B. A detailed description of the food/merchandise to be sold, a detailed description of the areas
in which the sidewalk vendor intends to operate, anticipated hours of operation, and whether the
vendor(s) will be roaming or stationary.
C. A copy of a California's driver's license or identification number, an individual taxpayer
identification number, social security number, or other state -issued identification card. Such
information is not a public record and will remain confidential as required by Government Code
Section 51038(c)(4).
D. A copy of a valid California Department of Tax and Fee Administration seller's permit, as
required.
E. A copy of a valid mobile food facility permit issued by the Alameda County Department of
Environmental Health, as required.
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 5 of 10 8
F. Proof of an unexpired business license or proof of current application for business license in
the City.
G. An agreement to indemnify the City, its officers and employees, from any liability arising from
use of the permit on the public right-of-way.
H. Proof of a policy or policies of comprehensive general liability insurance, in an amount of $1
million, approved by the City, and insuring against any injury, death, loss or damage as a result
of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the City
as an additional insured. In addition, the permittee is required to carry workers' compensation and
automobile coverage sufficient to meet the requirements of the State of California.
I. Confirmation of compliance with all conditions and requirements of this Chapter.
J. Livescan form and fingerprints of the applicant.
K. Such other identification and information as deemed necessary by the Permit Administrator.
4.50.080 Amendments to permit.
A. When information provided in the application changes, the operator shall file an amendment
to the permit within three (3) business days. The amendment form shall be accompanied by the
fee established by the City's fee schedule.
B. Amendments cannot be used to change goods or merchandise being vended or owners of a
sidewalk vending business; new permit applications are required for such changes.
C. A denial of an application to amend a sidewalk vending permit may be appealed as outlined
in Section 4.50.140.
4.50.090 City sidewalk vending permit fee required.
No sidewalk vending permit shall be issued until the appropriate fee has been paid. The fee for a
city sidewalk vending permit shall be established by the City Council by resolution.
4.50.100 Permit - Issuance or denial.
The Permit Administrator shall, within thirty (30) days after receipt of an application complying
with all the provisions of this Chapter, issue a permit or deliver to the applicant, personally or by
mail, written notice of denial of the permit, setting forth the reason or reasons for the denial, in
accordance with the provisions of Section 4.50.110.
4.50.110 Permit - Grounds for denial.
The Permit Administrator shall deny the permit if he/she finds:
A. That any information contained in or submitted with the application is not true, contains material
misrepresentations, or if relevant or material information is omitted from the application; or
B. That the operation as proposed by the applicant would not comply with any provision of this
Chapter or any other ordinance or regulation of the City or any statute or regulation of the State
of California; or
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 6 of 10 9
C. That, for any other reason, the operation as proposed would be detrimental to health, safety,
or welfare; in violation of the requirement to maintain sanitary conditions; or in non-compliance
with the federal Americans with Disabilities Act of 1990 and other disability access standards.
4.50.120 Permit - Display requirements.
Every sidewalk vendor must display their City -issued sidewalk vending permit on the street -side
portion of their pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non -
motorized conveyance in a readily visible location when operating in the public right-of-way.
4.50.130 Revocation or suspension - Reasons.
A. A sidewalk vending permit issued pursuant to this Chapter may be suspended or revoked by
the Permit Administrator for any of the following reasons:
1. The permittee provided false information on their application;
2. The permittee has failed to comply with the requirements of this Chapter on four (4)
separate days in a twelve (12) month period; or
3. The permittee has conducted their business in a manner which endangers the public
health, safety, or welfare.
4.50.135 Notification of revocation.
Revocation of a sidewalk vendor permit shall be served in writing no less than fourteen (14)
days before the effective date of the revocation to the address listed on the initial application or
to any subsequent address provided to the City by the permittee. Any applicant whose
application for a sidewalk vendor permit is denied or whose permit is revoked may appeal such
decision to the City Manager or designee pursuant to the provisions of Section 4.50.140.
4.50.140 Appeal procedure.
An applicant or permittee may appeal any action or determination of the Permit Administrator
under the provisions of this Chapter to the City Manager pursuant to the provisions of Section
1.04.050.
Article III. Operating Requirements.
4.50.150 Requirements - Sidewalk vending.
A. Operational Requirements. Except as otherwise specifically provided in this Chapter, all of the
following operational requirements shall be applicable to all sidewalk vendors located within the
City:
1. Ensure sidewalk accessibility by maintaining a 48-inch width unobstructed path, exclusive
of the curb.
2. Prevent distractions and promote public welfare by refraining from the following: emitting
any loud, unnecessary, and unusual noises consistent with the provisions of Dublin
Municipal Code Chapter 5.28; using electrical, flashing, or animated signs; the use of
tents, or displaying signage, banners, flags, or balloons that exceed a combined total of
four (4) square feet. Any sign shall be attached flush to the sidewalk vending receptacle.
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 7 of 10 10
3. Maintain sanitary conditions to protect public health. Sidewalk vendors must have trash,
recycling, and compost containers in or on their sidewalk vending receptacle; refrain from
emptying trash into public trashcans; and must not leave any location without first picking
up, removing, and properly disposing of all trash or refuse from their operation.
Additionally, sidewalk vendors must promptly clean up any food, grease, or other
substances related to sidewalk vending activities that are discharged on public property.
B. Physical Facility Requirements. Except as otherwise specifically provided in this Chapter, the
following physical facility requirements shall be applicable to all sidewalk vendors located within
the City:
1. A sidewalk vending permit does not grant an exclusive right to operate in any specific
portion of the public right-of-way.
2. Equipment or objects used for sidewalk vending purposes may not be left or maintained
in public spaces or in any portion of the public right-of-way from 8:00 p.m. to 9:00 a.m.
in commercial areas and 6:00 p.m. to 9:00 a.m. in residential areas. Any equipment or
objects left overnight in public spaces or in any portion of the public right-of-way will be
considered discarded and may be seized or disposed of by the City.
3. To prevent unintended rolling or slipping, sidewalk vendors are prohibited from
operating pushcarts, pedal -driven carts, wagons, or other non -motorized conveyances
on public rights -of -way with slopes greater than five (5) percent.
4. Additional Requirements. In residential areas, roaming sidewalk vendors may operate
between the hours of 9:00 a.m. and 6:00 p.m.
4.20.160 Prohibited locations.
A. In order to protect pedestrian and vehicular safety and accommodate public street access
including parking, traffic, and emergency road access, sidewalk vending shall be prohibited in the
following locations:
1. On any sidewalk where the vendor does not leave at least a 48-inch width of
unobstructed sidewalk adjacent to a curb. The 48-inch width cannot include curb
dimensions.
2. On any sidewalk where there are no legal parking spaces within two hundred (200) feet,
with the exception of parks.
3. Within twenty-five (25) feet of any crosswalk or intersection.
4. In any area that blocks or obstructs the visibility of traffic signals or regulatory signs.
5. In any driveway or parking lot access.
6. Within twenty-five (25) feet of any fire hydrant, fire call box, fire department connection,
post indicator valves, or utility cabinets or equipment.
7. Within fifty (50) feet of any driveway entrance or exit to the City's Public Safety offices
or any fire station.
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 8 of 10
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8. Within fifty (50) feet of any area, structure or facility on which construction is occurring
pursuant to a valid building or encroachment permit.
9. Within ten (10) feet of a litter receptacle, public art installation, or bike rack.
10. Within fifty (50) feet of a bus turnout, bus bench, or shelter.
11. Within fifty (50) feet from an outdoor dining area for a restaurant during the operating
hours of the restaurant.
12. Within ten (10) feet from the entrance or exit doorway to any building or an automated
teller machine.
13. Within five hundred (500) feet of any public or private school grounds prior to 4:00 p.m.
on any day when the school is in session.
14. Within five hundred (500) feet of any public or private school grounds during
sanctioned events held at the school.
15. Within fifty (50) feet of another sidewalk vendor.
16. On any median strip or landscaped area between the sidewalk and curb.
17. Within two hundred (200) feet of the perimeter of any Certified Farmers' Market or
Special Event, during the hours when any such event is permitted. (Pursuant to Gov.
Code § 51038(d)(1)).
18. Immediately adjoining a bike lane when there is no other legal parking within two
hundred (200) feet.
B. Stationary sidewalk vendors are prohibited from operating
residential.
4.50.170 Sidewalk vending in parks.
in areas that are exclusively
A. A stationary sidewalk vendor is prohibited from operating in a City park if the City has entered
into an exclusive agreement for the sale of food or merchandise by one (1) or more
concessionaires for that park.
B. Except as provided in Subsection A above, vending within City parks is allowed only upon or
alongside sidewalks or other paved or marked pedestrian pathways. Outside of these
aforementioned areas, vending shall not take place on sand, dirt, or parking lots. In addition,
vending within City parks shall not be allowed where it would reduce sidewalk access below ADA
minimums or within ten (10) feet of a public art installation, public information kiosk, or fountain.
C. In parks, sidewalk vendors shall not approach persons to sell food or merchandise.
D. Sidewalk vendors must comply with park hours.
SECTION 4. AMENDMENT OF SECTION 5.100.090
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 9 of 10
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Section 5.100.090.A (Merchandising, advertising and signs —Prohibited acts) of Title 5 Public
Welfare of the Dublin Municipal Code is amended to read as follows:
A. Teach, offer to instruct, sponsor a program or service for a fee, except any regularly licensed
concessionaire or independent contractor acting by and under the authority and regulation of the
Director;
All other subsections remain unchanged.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days following its final adoption.
SECTION 6. SEVERABILITY
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or
part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance,
such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the
remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or
their applicability to other persons or circumstances.
SECTION 7. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of
the State of California.
PASSED, APPROVED AND ADOPTED this 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 10 of 10 13
Attachment 2
r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 5.1 I
SU B.ECT: Amendments to the Dublin Municipal Code to Add Chapter 4.50 (Sidewalk
Vending) and Amend Section 5.100.090 (Merchandising, Advertising, and
Signs - Prohibited Acts) (PLPA-2024-00049)
Prepared by: Gaspare Annibale, Associate Planner & Felicia Escover,
Economic Development Manager
EXECUTIVE SUMMARY:
The Sidewalk Vendors Act (Senate Bill 946 or SB 946) decriminalized and limited local regulation
of sidewalk vending. The legislation is intended to promote sidewalk vending as a legitimate
economic activity and ensure that cities only adopt reasonable regulations related to objective
health, safety, and welfare concerns. Staff has prepared an ordinance amending the Dublin
Municipal Code to regulate sidewalk vendors in accordance with SB 946. This includes adding
Chapter 4.50 (Sidewalk Vending) to Title 4 (Regulation of Businesses) to establish regulations for
sidewalk vendors, and amending Section 5.100.090 (Merchandising, advertising and signs —
Prohibited acts) to clarify that the City's general restrictions on selling goods and services in City
parks do not apply to sidewalk vendors. The City Council will consider waiving the first reading
and introducing the ordinance amending the Dublin Municipal Code.
STAFF RECOMMENDATION:
Open the public hearing, deliberate, waive the reading, and INTRODUCE the Ordinance Approving
Amendments to the Dublin Municipal Code to add Chapter 4.50 (Sidewalk Vending) to Title 4
(Regulation of Businesses), and Amend Section 5.100.090 (Merchandising, Advertising and
Signs —Prohibited Acts).
FINANCIAL IMPACT:
The Master Fee Schedule will be updated, under a separate item, to include a proposed fee for
Sidewalk Vending Permits.
Page 1 of 4
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DESCRIPTION:
Background
Senate Bill 946 (SB 946) Sidewalk Vendors decriminalized and limited local regulation of sidewalk
vending. The legislation expressly preempts any city regulations other than the time, place, and
manner in which sidewalk vending can occur, and ensures that cities only adopt reasonable
regulations related to objective health, safety, and welfare concerns. The legislation also prohibits
any enforcement other than administrative fines, imposes strict caps on those fines, and requires
cities to develop an administrative process for vendors in violation to have their fines reduced to
reflect their ability to pay.
Under State law, a sidewalk vendor is a person who sells "food or merchandise" from any "non -
motorized conveyance" upon "a public sidewalk or other pedestrian path." Sidewalk vendors can
be stationary or mobile. Sidewalk vending does not, however, include food trucks or other persons
selling their wares from motor vehicles or on private property.
Cities have a range of defensible regulations that can be adopted within the legislation's limits
such as requiring a Sidewalk Vending Permit. The legislation permits a range of reasonable
regulations, including restrictions on hours of operations, location and zone restrictions, tax
registration, and compliance with disability access standards. Cities can also require county health
permits for food vendors; however, they cannot regulate on the grounds of public animus or
concerns for economic competition. The legislation is intended to promote sidewalk vending as a
legitimate economic activity and ensure that cities only adopt reasonable regulations related to
objective health, safety, and welfare concerns.
The proposed sidewalk vending ordinance establishes minimum requirements for sidewalk
vendors to protect pedestrians and customers as it relates to health, safety, or welfare concerns. In
developing the ordinance, Staff looked at sidewalk vending ordinances other Tri-Valley cities have
adopted, such as the Pleasanton and Danville, and referenced similar regulations where
appropriate.
Staff has also prepared companion amendments to Dublin Municipal Code (DMC) Section
5.100.090 (Merchandising, advertising and signs —Prohibited acts) to clarify these regulations do
not apply to sidewalk vendors.
Analysis
Proposed Addition of Dublin Municipal Code Chapter 4.50 (Sidewalk Vending)
The proposed amendments to the DMC would add Chapter 4.50 (Sidewalk Vending) to Title 4
(Regulation of Businesses) to establish objective standards and regulations that directly relate to
health, safety, and welfare, which comply with SB 946. The regulations include the following
requirements:
• Permitting.
o All sidewalk vendors would be required to apply for and obtain a Sidewalk Vending
Permit from Dublin Police Services. To obtain a permit, an Applicant would be
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required to provide:
■ Contact information,
■ A detailed description of the food/merchandise to be sold,
■ Area of operation,
■ Anticipated hours of operation,
■ Whether the vendor would be roaming or stationary,
■ Form of state -issued identification card,
■ A valid Mobile Food Facility Permit issued by the County,
■ Proof of a business license,
■ An agreement to indemnify the City,
■ Proof of comprehensive general liability insurance,
■ Confirmation of compliance with the regulations,
■ Livescan and fingerprint information, and
■ Sidewalk Vending Permit fee.
o All sidewalk vendors would be required to display their city -issued Sidewalk
Vending Permit on their non -motorized conveyance when in operation.
• Operating Requirements.
o All sidewalk vendors would be required to comply with the operating requirements
of the ordinance including:
■ Maintaining sidewalk accessibility,
■ Preventing distractions related to loud noise and displaying certain visual
content, and
■ Maintaining sanitary conditions to protect public health.
o Any equipment used for sidewalk vending purposes would not be allowed to be left
or maintained in public spaces or public rights -of -way from 8:00 p.m. to 9:00 a.m. in
commercial areas and 6:00 p.m. to 9:00 a.m. in residential areas.
o To prevent unintended rolling or slipping, sidewalk vendors would be prohibited
from operating non -motorized conveyances on public rights -of -way with slopes
greater than five percent.
o In residential areas, roaming sidewalk vendors can operate between the hours of
9:00 a.m. and 6:00 p.m.
o Restrictions on physical location are contained in Section 4.20.160 of the ordinance
to protect pedestrian and vehicular safety and accommodate public street access
including parking, traffic, and emergency road access. These regulations are
designed to ensure that sidewalks are not blocked, that access to parking and
buildings are not obstructed and that safety concerns on the adjoining roads are not
created.
o Stationary sidewalk vendors are prohibited from operating in areas that are
exclusively residential.
o Stationary sidewalk vendors are prohibited from operating in a City park if the City
has entered into an exclusive agreement for the sale of food or merchandise by one
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or more concessionaires for that park. If the City has not entered into an agreement,
then vending within City parks is allowed only on or alongside sidewalks or other
paved or marked pedestrian pathways where sidewalk accessibility is maintained.
Vendors must comply with park hours and not approach persons to sell food or
merchandise.
Proposed Amendments to Dublin Municipal Code Section 5.100.090
Amendments are proposed to DMC Section 5.100.090 (Merchandising, advertising and signs —
Prohibited acts) to ensure compliance with SB 946 and to ensure internal consistency within the
DMC. The proposed amendments to this Section clarify that the City's general restrictions on
selling goods and services in City parks do not apply to Sidewalk Vendors. Attachment 2 provides
the changes in redline format where underlined text is proposed to be added language to be
added, and text with a strikethrough is proposed to be deleted.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of
Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for
environmental impacts and environmental documents be prepared. The City Council will
consider finding the proposed ordinance and amendments to the Dublin Municipal Code exempt
from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can
be seen with certainty that the amendments will not have a significant effect on the environment
and are not subject to CEQA review.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times ten days prior to
the hearing and posted at several locations throughout the City. The City Council Agenda was
posted.
ATTACHMENTS:
1) Ordinance Approving Amendments to the Dublin Municipal Code to add Chapter 4.50
(Sidewalk Vending) to Title 4 (Regulation of Businesses), and Amend Section 5.100.090
(Merchandising, Advertising and Signs —Prohibited Acts)
2) Dublin Municipal Code - Redlined Pages
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