HomeMy WebLinkAboutItem 7.8 Unauthorized Street Vendors THE CITY OF DUBLIN
P.O. Box 2340
Dublin.CA 94566 (415) 829-3543
• (Q 50—'9 0
March 22, 1982
TO: Councilmembers
FROM: City Attorney
RE: Unauthorized Street Vendors
The question has been raised as to what action
the Council may take with regard to "unauthorized street vendors_"
For purposes of this discussion, I have assumed
"unauthorized" refers to a vendor who does not possess a permit
issued by the Alameda County Sheriff pursuant to Section 2-66
et seq of the Alameda County Ordinance Code. That, and following
code sections, require "peddlers" to obtain a permit from the
Sheriff before engaging in the sale of personal property or service
from vehicles or by foot in the unincorporated property of Alameda
County. The fee currently charged for such a permit is $50.00.
The permit is valid for 1 year only.
Section 2-66 .6 provides that a person may engage in
peddling only between the hours of 9 :00 A.M. to 9 :00 P.M. , and
may not engage in peddling at properties properly posted-
prohibiting peddling. Violation of any portion of the ordinance
code governing peddling is a misdemeanor and punishable by a fine
of $100 .00 or imprisonment not to exceed 60 days, or both.
Section 2-66 . 1 defines "peddler" as follows:
2-66 . 1 Definitions.
(a) The word "person" as used herein
shall include the singular and the
plural and shall also mean and include
any person, firm, or corporation,
association, club, co-partner or society,
or any other organization.
(b) The word "peddler" as used herein
shall include any person, whether a
resident of the unincorporated area of
the County of Alameda or not, traveling
•
ri
* TO: Councilmemb�
22, 1982
March ,
Page two
by foot, automotive vehicle, or any
other type of conveyance, from place
to place, from house to house, carrying,
conveying or transporting goods, wares, -
merchandise, publications , or other
• personal -property or services offering
and exposing the same for sale, or
making sales , and further provided that
one who solicits orders and as a separate
transaction makes deliveries to purchasers
as part of a scheme or design to evade
the provisions of this chapter shall be
deemed a "peddler" subject to the pro-
visions of this chapter. The word "peddler"
shall include the words "hawker" , "huckster",
• "canvasser" and "solicitor".
It is obvious that the definition encompasses
the street vendors that are the subject of the Chamber of Commerce
letter of complaint. However, the County peddler ordinance does
nothing more than limit the hours of operation for a peddler and
require that they obtain a permit. The ordinance does not pro-
. hibit peddlers or street vendors from operating in areas other-
. wise open to commercial activities.
Title 5 of the Alameda County Ordinance Code (Streets
and Highways) contains Section 5-34 .0 which provides as follows:
• "5-34.0 Structures, vehicles, etc. , placed
• on public streets for sale: selling from:
prohibited. Any person who parks or places
any structure, cart, wagon or other vehicle
within any public street, public lane, public
alley, public road or public highway not sub-
ject to the provisions of Section 731 of the
Streets and Highways Code of this State or
any public sidewalks for the purpose of selling
therefrom or therein any article or thing,
and any person selling, displaying for
_ sale or offering for sale any article or thing, -
either in or from any such structure, cart,
• wagon or vehicle so parked or placed, and any
person storing, servicing, repairing or other-
wise working upon any such cart, wagon, or
•
vehicle which is temporarily disabled is
1 guilty of a misdemeanor."
•
By reason of Dublin Ordinance No. 1, this code
section, as well as Sections 2-66 et seq, have been adopted as
Dublin Ordinances, and are effective until June 1, 1982. The
combined effect therefore, of the County ordinances is that street
vendors or peddlers must have permits and can sell goods and
services between the hours of 9 :00 P.M. only, as long as they do
. TO: Councilmembers ,
March 22, 19
Page three
not conduct selling operations on any public street, road, high-
way or sidewalk.
Inasmuch as a public street or highway includes all
land within the right of way, selling operations conducted on
unpaved land within the right of way is a violation of Section.
5-34 ..0 , and a misdemeanor. Thus, to the extent selling operations
are conducted on land within the right of way of San Ramon Boulevard,
Section 5-34 .0 is violated.
The County ordinance codes mentioned above do not
prohibit peddlers or street vendors from conducting operations
on private property. Thus, as long as the private property is
zoned to permit retail sales, and the property owner has given
permission, a street vendor may sell goods and services as long
as he or she has a permit and operates between 9 :00 A.M. and
9 :00 P.M. Presently, such sales activity can occur on all high-
way frontage and commercially zoned property. Retail Sales of
agricultural products can be made on agriculturally zoned property_
Lastly, inasmuch as plant nurseries may be permitted in residential .
zones, it is arguable that street vendors may conduct retail sales -
of nursery products as an accessory use on residentially zoned land_
The City of Dublin may enact a more restrictive
ordinance controlling street vendors . However, it is probably
wise to wait until the City Planning Commission and Planning
Director are selected in order to obtain their input. The City
may also desire to include street vendors or peddlers in a compre-
hensive business license ordinance. However, licensing will not
result in prohibition, but only regulation.
The Alameda County Sheriff 's Department has advised
me that they will enforce their ordinances upon direction by the
City Council. It is recommended that the Sheriff be so directed,
and the results studied before any further action is taken by Dublin_
Yt
Dated: March 22, 1982
:;)4.(/'
City Attorney