HomeMy WebLinkAboutagenda backup updatesCity of San Bernardino
Request for Council Action
Date: May 1, 2019
To: Honorable Mayor and City Council Members
From: Teri Ledoux, Acting City Manager
By: Rita Conrad, Interim Finance Director
Telicia Lopez, Business Registration Manager
Staff Report
Subject: Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal
Code Imposing Regulations in Sidewalk Vending
Recommendation
Introduce and conduct first reading for Ordinance No. MC -1517 of the Mayor and City
Council of the City of San Bernardino, California, adding Chapter 5.30 to Title 5 of the
San Bernardino Municipal Code imposing regulations in sidewalk vending.
Background
The City of San Bernardino currently prohibits the activity of sidewalk vending. The City
has taken a firm stance for many years against the activities of itinerant vendors to
protect the City against blight, as well as support our brick and mortar businesses.
On September 17, 2018, Governor Brown signed Senate Bill 946 (SB 946), which limits
the City's ability to regulate sidewalk vending. The bill took effect January 1, 2019, and
nullified the current restrictions the City places on sidewalk vending and itinerant
vendors. With the enactment of SB 946, the Legislature amended California
Government Code Sections 51036 and 51069 to decriminalized sidewalk vending.
While the bill places many restrictions on the City, the intent behind the bill is to promote
entrepreneurship and economic development opportunities for low-income and
immigrant communities.
The legislation defines "sidewalk vendor" as a person who sells food or merchandise on
a public sidewalk or other pedestrian path (including public parks). Those considered
"sidewalk vendors" can operate from a pushcart, wagon, or other non -motorized
conveyance or from his or her person, while on the public sidewalk or walk path. A
°sidewalk vendor" may be mobile, roaming from place to place, or stationary operating
from a fixed location.
Discussion
The Ordinance charges the Finance Department — Business Registration Division with
administering and enforcing the City's sidewalk vending permitting program. Operating
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without a permit or in violation of a permit is punishable by an administrative fine set by
a graduated schedule of fines set at the maximum levels allowed by state law.
The Ordinance creates a permitting process requiring applicants to:
(1) provide personal identification;
(2) list the items they intend to sell;
(3) undergo criminal background checks; and
(4) submit evidence of health permits and seller's permits, as required.
The city may only impose regulations that directly relate to objective health, safety or
welfare concerns. The City may regulate the time, place, and manner of sidewalk
vending, including, but not limited to, any of the following:
• Restricting the hours of operation;
• Requiring maintenance of sanitary conditions;
• Complying with disability access standards;
• Obtaining a use permit and/or business registration;
• Possessing a valid California seller's permit for sales tax compliance;
• Requiring additional licenses from other state or local agencies as required by law;
• Requiring compliance with other generally applicable laws; and
• Providing information on vendor operations.
The proposed ordinance will allow the City to impose all allowable restrictions while also
requiring those selling food to uphold the guidelines outlined by the San Bernardino
County Department of Health.
2018-19 Goals and Obiectives
The request for an ordinance amendment aligns with Goal No. 3: Create, maintain, and
row 'obs and economic value in the city. This ordinance will allow the city to regulate
sidewalk vending while creating entrepreneurship and economic development
opportunities for low-income and immigrant communities.
Fiscal Impact
The sidewalk vending application and permit process is proposed to occur in a manner
comparable to existing regulatory permits. The full cost to administer the sidewalk
vendor permit will be repaid through the collection of fees as outlined in the fee
resolution that will be on the May 15, 2019 City Council agenda with the second reading
of this ordinance. There are no additional costs to implement Staff's recommendations.
Conclusion
It is recommended that the Mayor and City Council introduce and conduct first reading
for Ordinance No. MC -1517 of the Mayor and City Council of the City of San
Bernardino, California, adding Chapter 5.30 to Title 5 of the San Bernardino Municipal
Code imposing regulations in sidewalk vending.
Attachments
Attachment 1 Ordinance No. MC -1517
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