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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 4rAI201912:43 PM 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 4/29/2019 12:43 PM