CC Ordinance No. 21-2220 Amending Chapter 5.04, Business Licenses Generally , Chapter 5.20, Solicitors, Chapter 5.48, Mobile Vendors, and Chapter 13.04, Parks ORDINANCE NO. 21-2220
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 5.04, BUSINESS LICENSES GENERALLY, CHAPTER 5.20,
SOLICITORS, CHAPTER 5.48, MOBILE VENDORS,AND CHAPTER 13.04, PARKS
The City Council of the City of Cupertino funds that:
WHEREAS, Senate Bill No. 946 ("SB 946"), which took effect on January 1, 2019,
provides that cities and counties may not regulate sidewalk vending except in accordance
with California Government Code sections 51038 and 51039;
WHEREAS,provisions of the Cupertino Municipal Code currently regulate sidewalk
vendors in a manner that is inconsistent with SB 946, and the City seeks to adopt an
enforceable sidewalk vending program that responds to the objective needs and
circumstances of the Cupertino community;
WHEREAS, SB 946 only applies to sidewalk vending in public parks and rights-of-
way, and private rights-of-way are still subject to private and local control;
WHEREAS,until the effective date of SB 946, the City regulated sidewalk vendors by
means of a general license for"solicitors" and a mobile vending permit for certain mobile
vendors. In light of the specific provisions for sidewalk vending in state law, regulating
sidewalk vending through a registration requirement specific to the activity will enable
the City to more effectively comply with state mandates;
WHEREAS, regulating sidewalk vending will benefit the City by promoting
entrepreneurship and a dynamic streetscape, while ensuring protection of the public
safety and welfare, in compliance with state law;
WHEREAS, unless properly regulated, sidewalk vending in the public right-of-way
and in public parks creates the potential for increased safety risks including, but not
limited to,interfering with the performance of police,firefighter,and paramedic services;
contributing to traffic congestion; and interfering with the ability of pedestrians, transit
users and persons with disabilities to follow a safe path of travel(by obstructing the right-
of-way with vending equipment or by increasing congestion);
WHEREAS, the registration requirements of this ordinance are necessary to collect
adequate information about sidewalk vending operations within city limits, to facilitate
contact between the City and its sidewalk vendors, and to ensure that sidewalk vending
does not adversely affect the public welfare;
j
Ordinance No.21-2220
Page 2
WHEREAS, requiring sidewalk vendors to maintain a minimum unobstructed
pedestrian path of four (4) feet at vending locations is necessary to ensure compliance
with state and federal disability access standards;
WHEREAS, requiring sidewalk vendors to maintain a clearance at driveways and
corner triangle clearances is necessary to ensure the safe flow of pedestrian and
automobile traffic, and required of all development. This will ensure the safe flow of
pedestrian and automobile traffic, which is particularly important to the safety of the
elderly,the very young,persons with disabilities,and others who are less able to navigate
crowds and obstacles that may require stepping off curbs when sidewalks have become
obstructed;
WHEREAS, requiring sidewalk vendors to obtain any necessary permit from the
Santa Clara County Department of Public Health before engaging in the sale of certain
food to the public is necessary to protect the public health and safety;
WHEREAS, restricting sidewalk vending in parks is necessary to protect the health,
safety and welfare of the public and the use and enjoyment of public spaces, natural
resources, and recreational opportunities within the City;
WHEREAS, restricting sidewalk vending in parks is necessary to preventing undue
concentration of commercial activity that unreasonably interferes with the scenic and
natural character of parks;
WHEREAS, restricting sidewalk vending near school grounds when the grounds are
open for student instruction is necessary to protect the safety of children traveling to and
from campus and to avoid disrupting classroom instruction and school activities;
WHEREAS, restricting sidewalk vending in residential areas is necessary to protect
residents and visitors from excessive traffic impacts;
WHEREAS, restricting sidewalk vendors' use of sound amplifying equipment and
other noise generating equipment is necessary to protect residents and visitors from
excessive noise impacts;
WHEREAS, allowing a process for revoking a registration and appeals to any such
decisions is an important tool to ensure compliance with the City's regulations and a fair
complete due process for any sidewalk vendor;
WHEREAS, public outreach was conducted on August 11, and August 12, 2020 to
discuss the proposed regulations with members of the public and on September 4, 2020
with the Chamber of Commerce;
Ordinance No. 21-2220
Page 3
WHEREAS, following public notices given as required by the procedural ordinances
of the City of Cupertino and the Government Code, the Planning Commission held a
public hearing on October 27, 2020 to consider the Ordinance;
WHEREAS, the Planning Commission adopted Resolution No. 6913 funding that the
proposed actions are exempt from CEQA and recommending that the City Council adopt
an ordinance to make Municipal Code Amendments relating to Mobile Vendors;
WHEREAS, the Planning Commission motion (made by Chair Moore and seconded
by Vice Chair Wang and Com. Saxena (amendment)) amended the draft of Resolution
No. 6913 prepared by staff as follows: "The Planning Commission recommends that the
City Council adopt an Ordinance to amend Chapter 5.04; Business Licenses, generally
Chapter 5.20; Solicitors; Chapter 5.48; Mobile Vendors; Chapter 11.28: Miscellaneous
Parking Regulations, On Street parking, Chapter 13.04; Parks, and Chapter 19.100;
Accessory Uses and Building Structures for Mobile Vendor regulations in accordance
with SB946 and excepting portions which are not directly applicable to SB946." and
"Adopt the proposed amendments to the Municipal Code with the findings reflected in
the proposed Ordinance which the Planning Commission makes as though set forth in
their entirety in the Resolution only as applicable to SB946 in substantially the form as
shown in said Exhibit";
WHEREAS, on February 2, 2021 upon due notice, the City Council has held at least
one public hearing to consider the Planning Commission's recommendation and the
Ordinance;
WHEREAS, the City Council is the decision-making body for this Ordinance;
WHEREAS, the City Council hereby adopts this Ordinance pursuant to its authority
under Government Code section 51038 and finds that the regulation of sidewalk vendors
set forth herein is directly related to protecting the health, safety, and welfare of the
Cupertino community; and
NOW,THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
Ordinance No.21-2220 '
Page 4
this ordinance. If any section, sub-section,paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance,be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further j
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Ouality Act.
The proposed ordinance is exempt from environmental review under the California
Environmental Quality Act ("CEQA") Guidelines Section 15378 since these regulations
are being adopted to regulate sidewalk vending and are not a project which may result
in physical changes to the environment. In the event that this proposed amendment is
found to be a project under CEQA, the proposed Ordinance is exempt from
environmental review under section 15061 (b)(3)because "[w]here it can be seen with
certainty that there is no possibility that the activity in question may have significant
effect on the environment," the activity is not subject to CEQA. The enactment of this
ordinance will not result in a permanent alteration of the environment or any specific
property as there will be no new or expanded structures that will directly or indirectly
change the environment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
Ordinance No. 21-2220
Page 5
INTRODUCED at a regular meeting of the Cupertino City Cormcil on
February 2, 2021 and ENACTED at a regular meeting of the Cupertino City Council on
February 16, 2021 by the followuzg vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Darcy Pau, Mayor Date
City of Cuper MU
ATTEST:
Kirsten Squarcia, Ci Clerk Date
APPROVED AS TO FORM:
�� Mar 11, 2021
Heather Minner, City Attorney Date
I
Attachment A- SIDEWALK VENDOR REGULATIONS
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double-underlined text( x m 1 and
i
text to be deleted in shown in strikethrough (e*ae). Text in existing provisions is not
amended or readopted by this Ordinance. Text in italics is explanatory and is not an
amendment to the Code.
Where the explanatory text indicates that a new section is being added to the City Code, the
new section is shown in plain text.
This ordinance amends several portions of the Municipal Code. For ease of review, the
amendments advancing the primary objective are presented first followed by conforming
amendments. There is a separate heading in bold italics for each portion of the Code being
amended. Each portion is shown beginning on a separate page.
1 Amendments to Chapter 5.48 concerning Mobile Vendors
CHAPTER 5.48: SIDEWALK VENDORS
5.48.010 Purpose.
The purpose of this chapter is to set forth specific regulations to govern the vending of
various food and goods from locations which are not permanent. It is recognized that
such transient operations may have negative land use a d 4r"f"^impacts which the city
desires to minimize through a registration process.
5.48.020 Mobile bi V^rding FaEil ty Permit n,,qu —e Definitions.
For the purpose of this chapter,the following-definitions shall be used in the
interpretation and construction of this chapter,unless it is apparent from the context
that a different meaning is intended
"Sidewalk vending facility"'means a non-motorized conveyance used by a sidewalk
vendor. A sidewalk vendingfacility acility shall not include any authorized outdoor display
associated with an immediately adjacent brick-and-mortar business A sidewalk
vending facility offering food for sale is a food establishment and must additionally
comply with the requirements of Chapter 9.04.
"Sidewalk vendor" means a person who sells food or goods, but not services,from
either a non-motorized conveyance including but not limited to a pushcart, stand,
dismay, pedal-driven cart,wagon, showcase, or rack, or from one's person,upon a
public sidewalk or other pedestrian path.
a "Roaming sidewalk vendor" means a sidewalk vendor who moves from lv ace
to place and stops only to complete a transaction.
Sidewalk Vendor Ordinance-Attachment A-Page 1
b. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a
fixed location for a defined period of time duringty and removes their
mobile vending facility from that location on a dail b asis
5.48.030 Applicability and Exceptions.
A. No person shall place,maintain, conduct, park or allow to stand or remain any
mebi-lesidewalk vending facility, t'at is, per-table nt sIg - , 1• >,, a
-_ eating stand, -- ..vag-en used for displaying,selling or offering for sale ,,,�
fe dst„ffs 4<e -N r^�-,A jiise,food or o�ods within the e4yCity limits e#the City
without first
Developre istering in the Citv's Mobile Vendor Registry on an annual calendar
year basis,pursuant to Section 5.48.030.Per 19ur-paces e# dhis seetiei+, autemebiles,
tr-UEk- 040, except that the regulations in this chapter shall not apply to the exceptions
identified in subsection B. below. Any registered sidewalk vending facility operating
in compliance with this code is not considered an encroachment pursuant to Chapter
14.08 of the Municipal Code.
B. The registration requirements in subsection A above do not apply to:
1. Persons engaged in delivering food or goods to or from any store fixed
place of business or residence upon order of or by agreement with a customer of a
store or other yehiEles defined i C life,.ni Vel4ele Cad^fixed place of business.
provided they do not come within the definition of sidewalk vendor-
2. Any persons operating in accordance with Section 670, as amended, shag
be r ,,-,;,-teed to bemused as eb.;le vending fae lit e, 5.20 Solicitors, provided they do
not come within the definition of sidewalk vendor. Any persons operating as both a
sidewalk vendor and a solicitor must satisfy the requirements for both-
5.48.030 1 @ Faeility--Pef-nt eEedu�e.
mobile vending iRE l;ty!OE t-io te be r steed giving afro^ ^F t-b<e , lic=atief -P< i t•b,
date that t e permit will be gfanted.--T4gzrd ifien, ivyitcen retie thei:cef shall be
----- ---- - ---- EEu a -- and r- -r---y - ..-__-- of pf-E)1 _--:es WithiR three_._n..._ed fee.
Of 41E�tEIiRg€aEilit�' Site. neFsE)igs vvisl g to appeal tke it-m- St-S rd la wFitten
period. eeeipt.of a NvFitten-apperal iyitl4in 44e 44 i y day ap licat4e pei:ie , tt4e
ivlqE)se deEi$tvi iR t4cFR$tter-sl all J7e final. Sixt-<, 4ays .,bt-e,. t-b,e .,,-.,-.liE t.;,<,-, kas b.,
-- - ` -- -- - - -r r---- - - -
Sidewalk Vendor Ordinance-Attachment A—Page 2
having the
been met-,
Q Each Y r
,�..,,77,�.,, '+ 1~' 11 '+ 1, 11 1: F l 1 1
az�rcrttt 1 ' Elates Y + L ME)bile
i1 J t
e year-,
and the names of
3, P. g >1 „1ieat4^r for-a mobile vending Ye ,V,;+Persons engaged in the sale
of food or goods as part of Outdoor Sales and Promotional Events, including special
events or festivals regulated by the Outdoor Sales and Promotional Events Policy.
5 48 040 Registration Process.
A Process: Registration shall be on forms provided by the Dir-,,,+^„e f r ,•,.:�.
City Manager or his or her designee, accompanied by an
appliea valid Cupertino business license and a registration fee established by the
City Cotuzcil,
leeatio and sh lland include the following:
1. The namesname and a�'�essesaddress of^ae'er„nthe applicant and
additionally, if the applicant is an agent,the name and address of the principal who
will eeeupyQoDpIer to the mebilesidewalk vending leeatienf c ili
2 A copy of the applicant's, and additionally,if the applicant is an agent,the
principal's California driver's license or identification number, an individual
taxpayer identification number, or a social security number. Such information shall
not be available to the public for r t_r___ of exefeising nspection, is
confidential and shall not be disclosed except as required to administer the
registration or comply with a state law or state or federal court order:
-23. A certificate of insurance with policy limits set by the City Manager,naming the
City as an additional insuredwhen t d g facility will be located an purbl
pFepeA5�, and stating the insurer's name,policy terms and principal amounts
(combined single limit) of a policy of insurance against general liability,bodily injury,
and property damage arising from the permitted activity'. The City shall provide all
insurance forms. Each such policy shall be amendable only upon thirty days' advance
written notice to the city;
3. n--�er
f lity and the igst-, et4en of the faei4 y,; an A description of the proposed
business-including but not limited to a description of the food and/or goods being
provided type of vendor,hours of operation days of the week routes of operation,
and the location of stationary vending facilities,if applicable:
Sidewalk Vendor Ordinance- Attachment A-Page 3
4-5. Plans indicating the size of the sidewalk vendingfy. If deemed
appropriate by the City Manager or his or her designee photographs with
dimensions may be accepted, in lieu thereof:
6.A copy of a valid California Department of Tax and Fee Administration
seller's permit, as required:
7. A copy of all required permits/approvals from the Santa Clara County Public
Health Department, if selling food;
8. An agreement to indemnify the City from any damage or harm on a form
provided by the City and
9. Such additional information as may be required by the n
4-Re -4fee -- -- ------- ----J - -- ---r--`e - haP grant----bile . -__. Rg r~---i_
based-upen the-infermtation c-antained in the appliea ubliereew, a,-,E'—fie
-------- ndat_ ns of departmental staf-f ,.,he they ;,.,a_ _t City Manager or his or her
designee to ensure that the sidewalk vendor is operating in compliance with all of t4e
eenseqttenees wet W ifesi-44- ffa-m exereise thereef. Skeuld ffie T,_,,,,, eff- Tf r- 4: g r_hIDevelopment deny the permit the applieea-,t may submit a ivr-itten appeal pufsuant to
Seetion 1.46.020 of this the requirements of the Cupertino Municipal Code.
B. F-Fee: The 19efm4sidewalk vendor shall beeeme e ffeetiv, up en i5suftneepa
an annual registration fee prescribed by City Council resolution, no part of which
shall be returnable to the registrant.
C. Term of Registration: Registration shall be on aer1-i—e-calendar-year basis
and must be renewed annually. Registration is non-transferable.
D. Registration:
1. The sidewalk vendor shall be registered in the Mobile Vendor Registry
within thirty days of receiving a registration request, if it is determined that-
a. The registration is complete with all required information and the
proposed business license, in complies with all reauirements of this
chapter and other applicable 4tanei+requirements of the Cupertino Municipal
Code; and
b. The sidewalk vending activitv.will not unduly interfere with traffic or
pedestrian movement interfere with or endangerthe public peace be a public
nuisance, or otherwise be detrimental to the health-e , safety permits. Permits shall
»Ρi;,nEe, ,;,-i-, al a1919 ,..,ble pa eo pFE , a , and general
--i----- -----r-------- ---- ---- --rr-------- ---------r-`- ----- r_� ._:._-_... bill_
welfare of the public; and
Jiaewaik v enaOr Urcxinance- Attacnment A-rage 4
c The sidewalk vendinng=facility and activities comply with applicable
health and sanitation requirements:; and
r. Tom^1�;, , }^rThe sidewalk vending activity will not cause a violation
of the American with Disabilities Act of 1990 (Public Law 101-336) or other disability
access standards; and
e The sidewalk vendor has not had four (4) or more violations of the
Cupertino Municipal Code within the last twelve (12) months from registration
submittal related to any sidewalk vending facility or activity
f As used in this subsection D. the term "violation" shall mean any
violation of the Cupertino Municipal Code as evidenced by a City-issued citation,
unresolved notice of violation,unresolved cease-and-desist order, or other
appropriate documentation Each unique violation of the Cupertino Municipal Code
shall constitute one (1) violation.
2 The City Manager or his or her designee may attach such additional
conditions to the permi#registration as may be needed to fulfill the intent of this
section.
5.48.040 Mobile Vending Facility Permit Fees.
applieation f. yh 1-. shaI1 be t by
tivo,„ of t City Ce it
z
r > te 04e > re
tzF,4t fee
whiek shall be set by aefien of tl=ke City Catineil.
5.48.050 Mobile Vendors Prohibited Locations.
ni , ti, taf air,.toe ter-fas of ''y -.abil , air o,.r,,,,„ re
„,i, No sidewalk
vendor shall place, maintain, conduct,park or allow to stand or remain any Igor-table
eeiqtainel-, ve4ie4 , ,
sidewalk vending
facility,in any of the following places within the city:
9 (Single F.,FpAy Residential)1) P4C (S g Family Residential Cluste--)
. this.i ets;
A In any natural dirt sand or grass area or any programmed space for
recreation such as sports courts tot lots and amphitheaters within any City park:
B. In or upon any street (curb to curb)or center median strip, excluding sidewalks ;
Sidewalk Vendor Ordinance- Attachment A—Page 5
PC.Upon any sidewalk within ten feet of any "no parking" zone designated
pursuant to the provisions of Title 11, during the times when such parking prohibition
is in effect
--- e - l-es speeiiiEa4y allowed by the --feet-- of ------- -nit --.el op+ --- - -
1 iTCi___ _fly one___-_______ feet _ ___-_ _______a_-,
_ . _-_ any private r-_r _-_J ..______ _________s __.. -_ paFking spac-es t4an ___- -_.4.___.____.
ntimbef fequifed by this
i
D.Q.-Within fifteen feet of any fire hydrant or public safety alarm box, or
dwithin anv one hundred foot corner triangles at any intersection pursuant to
Public Works Standard Details 7-4 or any driveway clearance triangle pursuant to
Public Works Standard Details 7-6-
E. Within one h, ndf a feet e twenty five feet of any public transit bus stop sign;
Y. At,.gr any valet loadin zone,taxicab stand, or other
designated loading zone to ensure open pedestrian pathways and adequate room for
persons to enter and exit loading vehicles;
F. On any sidewalk separated from the street by landscaping-of
vegetatieq4, unless reasonable precautions are taken of 1FRj r VeI2 P-Rt—s r-I;t,11e4-
st•� to protect such landscaping from damage or destruction by sidewalk vending
f-aeili-ty customers;
J-.-G. Within tl.fee 1-144,-4 f twenty feet of another mebilesidewalk vendor t
K-.-H. Within five hundred feet of the nearest r ror ert y '_nea public or private
school. This prohibition applies during school hours (when classes are in session)
and one hour before and after such school hours For purposes of this prohibition
distance will be measured along r„blie stfee the pedestrian path or sidewalk,
ulgon 4kieh is loe-ated a 19tibliE sd400l Jeuildingef t9ar-k; L.Mobile endof facilit}es
lega4y in epefat4on at to the
-a=ty other- provision of the fn;b�eipal eede are &Eempt from the provisions of "s seetie
tat:two school property line;
I. Within five hundred feet of a permitted certified farmers'market or a permitted
swap meet during the limited operating hours of that certified farmers' market or
swap meet;
Sidewalk Vendor Ordinance- Attachment A-Page 6
Within five hundred feet of an area designated for a temporary special event
permit for the duration of the temporary special event permit provided that any
notice provided to affected businesses or property owners under such special event
permit is also provided to sidewalk vendors specifically permitted to operate in the u
area.
5.48.060 Exre..,.io , j
u indeli f.
with +emer- +er-e or-„+her-fi)Ee ,alas„ r,Fh„s; -07
,•..,ss.
B. T14s h r OF ., _.+ hall of apply t l 1 + k ' far- + F, - ''
Tl
aivnei� solely far- the iise of the owner et: '
!-' 44,' h r+ hall not apply +e, c NY pee 1 +s ,.festi- als .rhe pr-E)1,;1,ite
Outdoor-Sales-and rrrn=[vcxvxicrc v`v'cr[ '.
s 48.079 Mobile Vendors Par-king Limited to Locati" in 12efmit.
v "s ehapter- par-tieular-
laeation to l + .7 l4 1 s if .a toe shall ,a ,•1.
park or- [Q[v o'CT[iCxcy i`v v-u�oi['rJ�p ccrxrca � cMc.'„/ � j✓^ F+�
or
+ a vehiEle of-WagOR OfI aRy l., afi- +ha«than sdesigned, .,h ,r, it
� uM �
5.
48.980 Mobile Vendors General Regulations.
A,_ 0110WgTable 5 48 060A below indicates the operation regulations afe
for sidewalk vendors with vending . its:
4t feet in
i7,�Vending Facility. Vending 'v v I
fro=efeet�bidthe height. Umbr-ellas of ,anr,_ feur ides are permitted,
9. Sig-Rage. Ne mebi4e vending faeigty shall display aF�y sigq+, 14ag,banner-, whethe
thereof-, a.,a +ha+,, exeas L:, e feet ,-, height 1, ,;a+h
Q 1 6ur-s of f er-ation. it is 1 F. 1 G ,-,.l s s to engage i the busines .L
vendingbetween the het4rs 6f 8.00 p-iy-k- and 0 a.m. N lee a r-eEfaest from the
tJ staqEls must be removed fr-ei:n 1ublie r r ./ v i v
P. -Trash n ll !7 t provide
ide at least one trash r , taelr All litter- at the
9. Neis
/ hems,bells, ffiiiSiEal /
Sidewalk Vendor Ordinance- Attachment A—Page 7
di-ink in i glass Ev„tui eiu tiiei rvv„ d be e b�, toe � st! � afteF - b, s
,
TABLE 5.48.060A: Operation Regulations for Sidewalk Vendors
Allowed Locations Allowed Hours
a. All sidewalks except in
exclusively residential zones
7 AM—11 PM
and pursuant to standards
provided in table 5.48.060B.
1. Stationary b.All parks except if the park
has an exclusive concessions
contract with another party Parks—Open hours for park
and pursuant to standards in
Table 5.48.060B.
■ Exclusively residential zones — 9
AM—8 PM:
■ All other zones except exclusively
a. All sidewalks pursuant to residential zones and parks — 7 AM
standards provided in Table —11 PM:
5.48.060B. See subsection b. and
for sidewalks in parks. ■ Total duration at any location
limited to the duration required to
2. Roaming complete a transaction, up to a
maximum of 15 minutes.
b.All parks, regardless of ■ Open hours for park
whether the park has an and
exclusive concessions ■ Total duration at any location
contract with another party, limited to the duration required to
and pursuant to the standards complete a transaction,—up— to a
in Table 5.48.060B. maximum of 15 minutes.
B. The following table 5.48.060B indicates the standards that must be adhered to
by all sidewalk vending facilities and vendors:
Sidewalk Vendor Ordinance- Attachment A—Page 8
TABLE 5.48.060B: Standards for Sidewalk Vendors
Vending area: Maximum nine feet in length and nine feet in width,
subject to with section 5 48 060(B)(9), to accommodate
any allowed appurtenances, as follows:
1 iz a Vending facility Maximum eight feet in length and five feet in
width and height.
b Umbrella or canopy: Maximum one; open on four sides, not to
exceed eight feet in height measured from grade.
Sidewalk vending facilities that operate solely for cooking (e.g.
2. Direct retail mobile kitchens) or production of goods and services,do not vend or
sales only
offer direct on-site sales and rely solely on delivery are not allowed.
No sidewalk vending facility shall display any sign, flag, banner,
3. Signa= whether attached or on a separate structure except such signs as may
be painted on the sides thereof.
a Sidewalk vendors shall provide at least one trash receptacle.
b All litter associated with the sidewalk vending facility shall be
removed promptly by the vendor at the end of service or the end
f the day.
c Sidewalk vendors shall comply with the requirements of Chapter
6.24 related to mandatory organic waste rec c
4. Waste d Sidewalk vendors shall comply with the requirements of Chapter
918 related to stormwater pollution prevention and the unlawful
discharge of waste in such a manner as to constitute a threatened
discharge into storm drains gutters, or watercourses.
e No sidewalk vendor shall use any publicly available trash
receptacles to empty trash from the sidewalk vending facility.
No sidewalk vendor may use any device which produces loud
5. Noise sounds to attract public attention including loudspeakers, horns,
bells musical instruments voice amplification or shouting and
shall comply with the requirements of Chapter 10.48.
Sidewalk vendors shall ensure compliance with requirements of
6. Smoke Chapter 10.90 related to smoking in Outdoor Dining Areas as
defined.
7. Single use Sidewalk vendors shall comply with the requirements of Chapter
plastic bags 9.17.
8 Food service a Sidewalk vendors shall comply with the requirements of Chapter
ware 9.15 for all food service ware.
Sidewalk Vendor Ordinance-Attachment A—Page 9
TABLE 5.48.060B: Standards for Sidewalk Vendors
b.Sidewalk vendors are not permitted to sell or dispense items of
food or drink in glass containers which would be carried away b
the customer after purchase.
a. Sidewalk vendors shall not impair the free flow of traffic on the
sidewalk.At least one-half (1/2) of the sidewalk width, but no less
9. Obstruction of than four (4) feet, shall be kept unobstructed at all times.
traffic
No lines, banners, ties, or any part of a sidewalk vending facility
shall be connected to a public or private structure.
a. Each sidewalk vendor shall maintain a clean selling area. Each
10. Condition of
vending area must be cleared of all merchandise, stands, carts, or
'
other items which belong to, or are used by, the vendor when not
facilities and
in use by the vendor.
vicinity
b.All sidewalk vending facilities must be removed daily_ during
non-operating hours.
5.48AW070 Mebi=e Vending Facility Permit—Revocation of
Registration.
4 tlqe Pir-pet F of Pevelopment finds that a+�y mobile vending facility 4as
been ---- --; alter- ; ---
city,
11 11 1 1 !+!1 - -
siispen
id
A. The City Manager, or his or her designee, may revoke the sidewalk
vendor's registration after notice and hearing, as provided for in this subsection for
the following reasons:
1. That the registration was obtained by misrepresentation, false statement or
fraud;
2. That the sidewalk vendingaty is being conducted in violation of local
or state law;
3. That the sidewalk vendor has violated the regulations of this Chapter four
(4) times within the preceding twelve (12) months; or
4. That the sidewalk vending activity has caused or is causing a serious threat
to human health or public safety.
As used in this subsection (A),the term "violation" shall mean any violation of the
Cupertino Municipal Code as evidenced by a City-issued citation unresolved notice
skall fix a t4fne a+id P!aEe,not less flFi�five, E)r-maFe than thirty days after- se
-- ----, at -- - appear-it before
m-n i y �Per , nta be gr , ea4ear- ten ,rt „ - �
Sidewalk Vendor Ordinance- Attachment A—Page 10
violation,unresolved cease-and-desist order, or other appropriate documentation.
Each unique violation of the Cupertino Municipal Code shall constitute one (1)
violation. I
B. Process: In any case where substantial evidence indicates that the conditions
in Section 5 08 070A exist revocation proceedings shall occur as follows:
1 The City Manager, or his or her designee,may issue either a notice of
pending revocation or a notice of suspension er revee pending revocation, the
latter of which shall require immediate suspension of all sidewalk vending activity
pending a final determination regarding revocation Any notice of suspension shall
explain why the sidewalk vending activity presents an immediate, serious threat to
human health or public safety The notice shall detail the grounds for potential
revocation of the registration and allow thirty calendar (30) days for submission of a written statement and/or supping documentation disputing such grounds.
2 The determination on the revocation by the City Manager, or his or her
designee shall be made not more than thirty calendar (30) days after the deadline for
submittal of documentation provided on the notice-The determination shall be
mailed to the sidewalk vendor.
3 All notices and determinations of the City Manager.or his or her designee,
shall be mailed to the sidewalk vendor
4 The City Manager, or his or her designee,is authorized to issue
administrative guidelines to further define procedures for making revocation
determinations.
C. Appeals: If after such hearing the registration is ova revoked,the
holder-sidewalk vendor shall have the right to appeal pursuant to SeetiOR 4.16.020 Of
' the decision as follows:
1 The appellant must file a notice of appeal with the City Clerk within
fourteen (14) calendar days of the date of the revocation decision
2 The matter shall be scheduled for hearing before an independent hearing
officer selected by the City Manager or his or her designee no more than thirty (30)
calendar days from the receipt of the appeal•
3 The appellant shall be served with notice of the time and place of hearing,
as well as any relevant materials at least seven calendar days prior to the hearing.
4 The hearing-ma
y be continued from time to time upon mutual consent. At
the time of the hearing the appealing party and the City anager or his or her
Sidewalk Vendor Ordinance- Attachment A— Page 11
designee may present such relevant evidence as he or she may have relatingto o the
determination from which the appeal is taken.
5. Based upon the submission of such evidence and the review of the Citv's
files, the hearing officer shall issue a written notice and order upholding, modifying
or reversing the determination from which the appeal is taken. The notice shall be
given within a reasonable time after the conclusion of the hearing and shall state the
reasons for the decision. The notice shall be mailed to the sidewalk vendor, and if
said vendor is an agent, the notice shall additionally be mailed to the principal. The
notice shall specify that the decision is final and sub'eci t only to iudicial review in
accordance with law.
D. Upon receiving notice of final action by the City in revoking�r s,,.s erg „o
the pe registration, the per-fn4 gistration holder shall immediately cease
operations and Femove his
or hef mobile vending faeility from the previously appEoved
iee-a within the City.
B-.E. Notwithstanding the above, if the Pie City Manager or his or her designee
finds that any mabilesidewalk vending facility, whether conforming with this chapter
or not,is an immediate peril or menace to the public, or to any person, the reete City
Manager or his or her designee may order the owner to immediately cease operations
and remove the facility.
5.48.49�080 Code Enforcement and Penalties.
Any person who violates the provisions of this chapter shall be guilty of an infraet^"
punished as provided in Chapter 1.12:; except as
limited by Govt. Code Section 51039.
Sidewalk Vendor Ordinance-Attachment A—Page 12
2. Amendments to Section 5.04.290 concerning Agents, Solicitors and Salespersons
5.04.290 Agents, Solicitors and S alesp- �^„-.
E.,�gent-,E solicitor, --=' --I I ----. sellinger-, heit ng, or-taking,,,,aers for
as defined in
Chapter 5.20 of this code, shall pay a
business license tax of seventy-five dollars. This amount shall increase annually from
1992 based on the indexing formula in Section 5.04.460 of this code.
Sidewalk Vendor Ordinance-Attachment A- Page 13
3. Amendments to Section 5.04.400 concerning Peddling
5.04.400 Sidewalk Vendor.
,
fheMA4-s^ pr- ,;a a c,,,,;p ehap erEvery sidewalk vendor within the City, as
defined in Chapter 5.48 of this code, shall pay a business license tax of one hundred
fifty dollars per year. This amount shall increase annually from 1992 based on the
indexing formula in Section 5.04.460 of this code.
�I
i
I
I
{
I
Sidewalk Vendor Ordinance-Attachment A-Page 14
4 Amendments to Chapter 5.20 Solicitors in Sections 5.20.010 and 5.20.015
5.20.010 Definitions.
For the purposes of this chapter the following words and phrases shall have the
meanings respectively ascribed to them by this section:
"Solicitor" means any person, including salesman and vendor, who engages in the
business of going from house to house, place of business to place of business, or to any
one house or to any one place, ^r H4 ei: aleng toe str^ '" of business, within the City,
selling not at the request or takiq-invitation of the occupant thereof, to sell or take
orders for, or offering to sell or take orders for immediate or future
delivery ofof.moods, wares, merchandise, services, or other things of value, to persons
other than manufacturers, wholesalers, jobbers, or retailers in such commodities or
services. Sidewalk vendors operating=as described in Chapter 5.48 do not come within
the definition of solicitor provided they operate solelyon a public sidewalk or other
pedestrian path not on private property.
5.20.015 Exemption.
The provisions of this chapter shall not apply to-af�y_
A. Any person soliciting on behalf of any religious, charitable, educational, or political
organization or to any person who is exempt from the provisions of this chapter by virtue
of the Constitution or statutes of the United States of America or of the state.
B. Any persons operating in accordance with Section 5,48, Sidewalk Vendors,
provided they do not come within the definition of solicitor. Any persons overating
as both a sidewalk vendor and a solicitor must satisfy the requirements for both.
Sidewalk Vendor Ordinance- Attachment A—Page 15
6. Amendments to Sectioic 13.04.180 concerning Vending in Parks
13.04.180 Advertising and Sale Restrictions.
A. -NeUnless in compliance with Chapter 5.48,no person in a park shall,without
prior permission from the City Council, do any of the following:
1. Expose or offer for sale any article or thing,nor shall he station or place any
stand, cart or vehicle for the transportation, sale or display of any such article or thing;
2. Announce, advertise or call the public attention in any way to any article or
service for sale or hire;
3. Paste, glue, tack or otherwise post any sign, placard, advertisement or
inscription.
B. In addition, in order to insure the public safety,health and general welfare, unless
in compliance with Chapter 5.48,no person shall expose or offer for sale any article or
thing,nor shall he station or place any stand, cart or vehicle for the sale or display of
any article or thing, on a public street, within five hundred feet in a straight line from
the nearest boundary of any park.
I
Sidewalk Vendor Ordinance-Attachment A—Page 16
CC Ordinance No. 21 -2220 (Mobile Vendors)
Final Audit Report 2021-03-11
Created: 2021-03-09
By: Cyrah Caburian(cyrahc@cupertino.org)
Status: Signed
Transaction ID: CBJCHBCAABAAwotDelKybb8N w3tvwG8KLB8YvKkXJ9z
"CC Ordinance No. 21 -2220 (Mobile Vendors)" History
'L) Document created by Cyrah Caburian (cyrahc@cupertino.org)
2021-03-09-9:48:45 PM GMT-IP address:73.223.74.211
Cam. Document emailed to Araceli Alejandre (aracelia@cupertino.org)for approval
2021-03-09-9:57:32 PM GMT
6Q Document approved by Araceli Alejandre(aracelia@cupertino.org)
Approval Date:2021-03-09-11:14:26 PM GMT-Time Source:server-IP address:73.170.27.253
C-1. Document emailed to Heather M. Minner(minner@smwlaw.com)for signature
2021-03-09-11:14:27 PM GMT
"J Email viewed by Heather M. Minner(minner@smwlaw.com)
2021-03-11-6:36:15 PM GMT-IP address: 181.215.198.155
ba Document e-signed by Heather M. Minner(minner@smwlaw.com)
Signature Date:2021-03-11-6:36:45 PM GMT-Time Source:server-IP address:52.39.49.65
Agreement completed.
2021-03-11 -6:36:45 PM GMT
ro en
Adobe S
ign
I;YPOTinv
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the s
attached to be a true and correct copy of Ordinance No. 21-2220 which
was enacted on February 16, 2021, and that it has been published or posted
pursuant to.law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this ZZ" day of March 2021.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California