A. Sidewalk vendors shall have a valid permit from the San Bernardino Department of Public Health Division of Environmental health operating permit for food sales, except where the County does not issue permits for the type of sidewalk vending operating by the vendor. The revocation of a County permit shall result in the automatic suspension of the sidewalk vending permit issued by the City.
B. Sidewalk vendors shall display their City-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way.
C. Sidewalk vendors shall not display items for sale on the ground. Sidewalk vendors shall only display their merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.
D. All vendor conveyances shall be maintained in a clean and working state.
E. Sidewalk vendors shall maintain a clean selling area, provide a means for patrons to dispose of trash, and haul away all trash generated by his or her operation. Every sidewalk vendor shall provide a refuse container with a capacity of at least five (5) gallons. Sidewalk vendors shall dispose of trash at vendor’s own place of business or residence; sidewalk vendors shall not place trash in public trash cans or in a private trash can not related to the sidewalk vendor’s operation.
F. Sidewalk vendors shall not use any signs in connection with the sale, display or offering for sale of items, except for those signs affixed to or painted on the sides or canopy of the pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.
G. Sidewalk vendors using electricity must do so only through the use of a generator or battery pack which may be contained on the floor, the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance. Sidewalk vendors shall not use extension cords to connect to a power source not contained on the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
H. Sidewalk vending must be contained to the sidewalk vending cart. Sidewalk vendors may not augment operations by setting up accessories, equipment, tables, chairs, or stools near the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.
I. Sidewalk vending is limited to the hours of 7:00 a.m. and 11:00 p.m.
J. Stationary sidewalk vendors are prohibited from operating in areas that are zoned as exclusively residential, except for major intersections. Stationary sidewalk vendors may operate in mixed-use areas and non-conforming residential structures so long as they operate adjacent to a permitted commercial use. Roaming sidewalk vendors operating in areas that are zoned as exclusively residential shall stop only to complete transactions.
K. Sidewalk vendors shall not sell, display, or offer to sell items in the following:
1. Within six hundred (600) feet of the Police Department or Fire Station.
2. Within five hundred (500) feet of a permitted swap meet, or any area subject to a City-issued special event permit for the duration of the permit.
3. On a center divider, a landscaped center median or landscaped parkway.
4. Within twenty-five (25) feet of another vendor, measured on the same side of any public right-of-way.
L. To maintain accessibility standards for the City’s residents with disabilities, every sidewalk vendor operating on public property or in the public right-of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk to less than forty-eight (48) inches, exclusive of the top of the curb. No obstruction shall be in a sidewalk or public right-of-way less than six (6) feet in width when the sidewalk is adjacent to the curb.
M. A stationary sidewalk vendor may not occupy more than fifteen (15) square feet on public property or in the public right-of-way.
N. Vending of counterfeit merchandise is prohibited.
O. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of public property of public right-of-way. No person shall attempt to reserve any portion of any public property or public right-of-way exclusively for his or her operation.
P. Sidewalk vendors shall not leave or maintain any accessories, equipment, or objects used for sidewalk vending purposes on public property or in any portion of the public rightof-way after sunset or before sunrise. Any equipment or objects left overnight on public property or in any portion of the public right-of-way will be considered discarded and may be disposed of by the City.
Q. Sidewalk vendors shall not engage in vending in such a manner as to cause onlookers, customers, or others to obstruct the free flow, access, or view of pedestrian or vehicular traffic.
R. Sidewalk vendors shall not operate in traffic intersections, streets, street medians, or street dividers.
S. Sidewalk vendors shall not stop, operate, or vend within fifty (50) feet of any intersection.
T. Sidewalk vendors shall not stop, operate, or vend within twenty-five (25) feet of any red curb or fire lane.
U. Sidewalk vending in City parks is limited to sidewalks and other paved areas within the park.
V. Sidewalk vendors shall be prohibited from selling food or merchandise at public parks where the City has entered into an agreement for the exclusive sale of food or merchandise with a particular concessionaire.
[Ord. No. 632, 7/13/22.]