Ordinance 2020-009 amending and restating Chapter 12.46 (Sidewalk Vending Program) of the Carmel-by-the-Sea Municipal Code.

Adopt Ordinance 2020-009 amending and restating Chapter 12.46 (Sidewalk Vending Program) of the Carmel-by-the-Sea Municipal Code which constitutes reading of the title and waiver of reading of the Ordinance. 

On September 18, 2018, Governor Brown signed into law Senate Bill (“SB”) 946, which adopts state law that imposes limits on how local authorities, including cities, may regulate sidewalk vending.  SB 946 is codified in Government Code 51036 and following.

Among other things, SB 946 limits city regulation of sidewalk vending to restrictions that are directly related to objective health, safety, or welfare concerns and prohibits punishment for street vending-related violations unless it is through a civil fine. 

SB 946 recognizes, however, that “California has an interest in the regulation of traffic … whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk,” and has acknowledged that there are regulations that are directly related to objective health, safety, or welfare concerns that a city may adopt, which include, but are not limited to, regulations concerning hours of operation, sanitation, sidewalk access, health and vendor permits, compliance with other generally applicable laws, registration requirements, and interference with other special events or permitted activities.  In addition, state law recognizes that the health, safety, and welfare interest in providing safe school zones and protecting adjacent streets, sidewalks, and public ways from activities that may disrupt school activities and the health and safety of schoolchildren.

As a result, on January 8, 2019, the City Council adopted Urgency Ordinance 2018-006, and established a sidewalk vending program (Chapter 12.46 of the Municipal Code) that provided regulations that directly related to the objective health, safety, and welfare of the City, and consistent with state law.

Under the proposed Ordinance, vending permits issued pursuant to Urgency Ordinance Nos. 2018-006, and any extensions, will remain in effect until March 1, 2021, and thereafter will expire unless renewed in accordance with Chapter 12.46.

These ordinances are intended to ratify, amend and restate, Chapter 12.46 of the Municipal Code, and the Regular Ordinance is intended to make the sidewalk vending program permanent subject to potential amendments to the Ordinance in the future.

Costs associated with issuance and administration of a sidewalk vendor permit are proposed to be recovered through a fee as adopted by Resolution and sales tax revenue would be collected as part of the required business license each street vendor is required to maintain. There may be indirect costs associated with additional enforcement of the program. 

January 8, 2019, the City Council adopted Urgency Ordinance 2018-006, and established a sidewalk vending program (Chapter 12.46 of the Municipal Code). The City Council adopted Urgency Ordinance 2020-008 on December 15, 2020.