Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative enforcement process including citations as follows:
(A) For vending without a valid license or permit:
(1) An administrative fine of $250 for a first violation.
(2) An administrative fine of $500 for a second violation within one year of the first violation.
(3) An administrative fine of $1,000 for a third violation and each subsequent violation, within one year of the first violation.
(4) Upon proof of a valid permit issued by the city before such fines are due, the city will reduce the amount of the fines to $100 for the first violation, $200 for the second violation, and $500 for each violation thereafter.
(B) For all violations of this chapter other than vending without a valid license or permit as outlined in subsection (A) above:
(1) An administrative fine of $100 for a first violation.
(2) An administrative fine of $200 for a second violation within one year of the first violation.
(3) An administrative fine of $500 for a third violation within one year of the first violation.
(4) An administration fine of $500 for a fourth and each subsequent violation and revocation of the license or permit. Revocation proceedings will be conducted in accordance with the city’s administrative hearing procedures.
(C) The city will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.
(D) Fines assessed pursuant this section may be reduced to 20% of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Cal. Gov’t Code § 51038(f).
(E) Fines collected under this section will be deposited with the city’s treasury for general use.
(Ord. 4770, passed 8-10-20)