A. Except as otherwise permitted in this article or this Code, no sidewalk vendor shall vend in the following locations:
1. Any public property other than a sidewalk, including, without limitation, streets, alleys, plazas, and City-owned parking structures, as defined in subsection 5-6-1308B of this Code;
2. Within two hundred feet (200') of any other sidewalk vendor;
3. Within five hundred feet (500') of the nearest property line of any property on which a place of worship or a large or general child day care facility is located while the same is in use;
4. Within five hundred feet (500') of the nearest property line of any property on which a school building or facility, including an athletic field, is located while the same is in use, including for afterschool child care, enrichment classes and sports;
5. Within one hundred feet (100') of a public picnic area, playground area or playground equipment while the same is in use;
6. Within one hundred feet (100') of a public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickle ball court, tennis court, soccer field, or volleyball court while the same is in use;
7. Within one hundred feet (100') of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public;
8. If a stationary sidewalk vendor, within any sidewalk that is not a minimum width of eight feet (8'), exclusive of curb width;
9. Within one hundred feet (100') of a street intersection or traffic signal;
10. Within one hundred feet (100') of any entrance to a park or Beverly Canon Gardens Park (241 N. Canon Drive in the City);
11. Within one hundred feet (100') of the portion of any City facility that is renting merchandise to the public or where rental merchandise is stored;
12. Within twenty five feet (25') of a litter receptacle, bike rack, or restroom;
13. Within fifteen feet (15') of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller;
14. Within twenty five feet (25') of a door or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business within the premises;
15. Within twenty five feet (25') of a pedestrian entrance/exit or elevator lobby of a City-owned parking structure;
16. Within five feet (5') of metered parking along a curb;
17. Within four feet (4') of non-metered parking along a curb;
18. Within three feet (3') of a red curb if not adjacent to a parking meter or loading zone or a curb if posted for permanent no parking;
19. Within one hundred feet (100') of an alley, parking lot or parking garage vehicle entrance/exit;
20. Within ten feet (10') of any driveway or driveway approach;
21. Within ten feet (10') of a marked crosswalk;
22. Within ten feet (10') of the curb return of an unmarked crosswalk;
23. Within any median strip or dividing section;
24. Within forty feet (40') of a tour bus loading zone or staging zone during the time posted;
25. Within twenty five feet (25') of a limousine staging zone during the time period posted;
26. Within twenty five feet (25') of a bus stop, trolley stop, taxi stand, bus bench, or bus shelter;
27. Within twenty five feet (25') of a space lawfully used by an automobile parking service pursuant to a valid valet parking permit issued pursuant to article 15 of this chapter during any time when such automobile parking service is authorized to operate valet parking operations;
28. Within two hundred feet (200') of a police station or fire station;
29. Within two hundred feet (200') of a subway station entrance or exit;
30. Within fifteen feet (15') of an automated teller machine or parking pay station;
31. If a stationary sidewalk vendor, within a park owned or operated by the City if the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire;
32. Within two hundred feet (200') of the Civic Center;
33. Within two hundred feet (200') of a backup City Emergency Operations Center, identified in the City's Emergency Operations Plan, during the operational period;
34. Along Rodeo Drive between North Santa Monica Boulevard and Wilshire Boulevard beginning May 15th of each calendar year and ending the following September 15th and beginning the third Thursday of November of each calendar year and ending the following January 7th;
35. Along North Beverly Drive between North Santa Monica Boulevard and Wilshire Boulevard; along North Canon Drive between North Santa Monica Boulevard and Wilshire Boulevard; and along South Beverly Drive between Wilshire Boulevard and Olympic Boulevard beginning May 15th of each calendar year and ending the following September 15th and beginning the third Thursday of November of each calendar year and ending the following January 7th;
36. Within the Business Triangle and along South Beverly Drive between Wilshire Boulevard and Olympic Boulevard for the duration of the special event permit for the annual car show hosted on Rodeo Drive, provided that any notice provided by the City to affected businesses or property owners under such special event permit is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this article;
37. Within the Business Triangle and along South Beverly Drive between Wilshire Boulevard and Olympic Boulevard for the duration of the special event permits for each of the Spring and Fall Beverly Hills Art Shows, provided that any notice provided by the City to affected businesses or property owners under such special event permits is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this article;
38. Within the Business Triangle and along South Beverly Drive between Wilshire Boulevard and Olympic Boulevard for the duration of the special event permit for each of the Summer BOLD Kickoff, Holiday Lighting Celebration, and the Next Night Block Party, provided that any notice provided by the City to affected businesses or property owners under such special event permits is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this article;
39. Within the Business Triangle and along South Beverly Drive between Wilshire Boulevard and Olympic Boulevard for the duration of the special event permit for any large scale special event which includes a street closure, provided that any notice provided by the City to affected businesses or property owners under such special event permit is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this article;
40. Along the route of, or within five hundred feet (500') of the route of, the Los Angeles Marathon until five o'clock (5:00) P.M. on the day of such marathon, provided that any notice provided by the City to affected businesses or property owners under the special event permit for the marathon is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this article;
41. Within Beverly Canon Gardens Park (241 N. Canon Drive in the City) beginning May 15th of each calendar year and ending the following September 15th and beginning the third Thursday of November of each calendar year and ending the following January 7th;
42. Within Greystone Mansion and Gardens: the Doheny Estate (905 Loma Vista Drive in the City);
43. Within the Lilly Pond located in Beverly Gardens Park, just north of Santa Monica Boulevard north roadway between North Canon Drive and North Beverly Drive;
44. If a stationary sidewalk vendor, within areas zoned exclusively for residential use or within one hundred seventy feet (170') of any areas zoned exclusively for residential use;
45. Within five hundred feet (500') of a permitted certified farmers' market or a permitted swap meet within the hours of operation;
46. Within five hundred feet (500') of an area designated for a temporary special event permit for the duration of the temporary special permit, provided that any notice provided by the City to affected businesses or property owners under such special event permit is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this article;
47. Within fifty feet (50') of a public art installation; or
48. Within one hundred feet (100') of an open air dining area.
B. Sidewalk vendors shall ensure that all required insurance is maintained for the duration of the permit, and shall show proof of insurance to a City official upon request.
C. Sidewalk vendors must at all times maintain a clearance of not less than forty eight inches (48") on all sidewalks so as to enable persons to freely pass while walking, running, or using mobility assistance devices.
D. In areas not zoned exclusively for residential use, sidewalk vending is permitted only between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M., except that the hours of operation shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street.
E. In areas zoned exclusively for residential use or within one hundred seventy feet (170') of any areas zoned exclusively for residential use, sidewalk vending is permitted only between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.
F. If a sidewalk vendor of food other than solely prepacked food, the vendor shall possess hand sanitizer for use by the sidewalk vendor and patrons.
G. If a stationary sidewalk vendor, the vendor shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requesting use by patrons. The litter receptacle must be large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public. The vendor's litter receptacle may not be left on the sidewalk upon leaving any vending location. The vendor shall not empty its litter receptacle into a City refuse container.
H. If a roaming sidewalk vendor vending from a vending cart, the vendor shall maintain a litter receptacle attached to the vending cart large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public and marked with a sign requesting use by patrons. The vendor shall not empty its litter receptacle into a City refuse container.
I. Sidewalk vendors shall maintain a neat, sanitary, hazard and trash-free ten foot (10') radius of the vending location during hours of operation, and prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all litter generated by the vending operations within a ten foot (10') radius of the vending location in the sidewalk vendor's litter receptacle. Sidewalk vendors shall not throw, deposit, or leave, or permit to be thrown, deposited, or left, any litter, food, or other discarded or abandoned objects, in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City, so that the same might be or become a pollutant.
J. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public property.
K. If a stationary sidewalk vendor remains in place for one hour or longer, the sidewalk vendor must be located within one hundred feet (100') of a publicly-accessible restroom.
L. Sidewalk vendors must ensure that food and merchandise are securely fastened to the vending cart in such a manner that the food or merchandise does not fall off or extend outside of the frame of the vending cart.
M. All food and merchandise shall be stored either inside or affixed to the vending cart or carried by the sidewalk vendor.
N. Vending carts shall not be placed on any public property other than a sidewalk.
O. Vending carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way.
P. All signage and advertising related in any way to the sidewalk vendor must be attached to the vending cart or the sidewalk vendor's person, and shall not be electrical, flashing, wind- powered or animated.
Q. A vending cart approved by the Los Angeles County Department of Health to vend one type or types of food may not be used to vend a different type of food.
R. Sidewalk vendors shall possess at all times, while vending, a copy of a valid current permit issued pursuant to this article, as well as any other permit required by any other appropriate governmental agency. The sidewalk vendor permit shall be displayed conspicuously at all times on the vending cart or the sidewalk vendor's person. If multiple sidewalk vendors are staffing a vending cart or working as roaming sidewalk vendors, each person shall wear their permit on their person in a conspicuous manner. With respect to all other required permits, the sidewalk vendor shall display a copy of the permit upon request by authorized City employees.
S. If a sidewalk vendor of food, the vendor shall possess and display in plain view on the vending cart a valid current mobile food facility permit from Los Angeles County Department of Public Health and, if issued by the Los Angeles County Department of Health, a grade.
T. Sidewalk vendors shall comply with all applicable State and local laws, as amended from time to time, including without limitation, title 5, chapters 1, "Noise Regulations", and 6, article 14, "Aggressive Solicitation", of this Code, division 1 of title 11 (County Health Code) and division 1 of title 8 (Public Health Licenses) of the Los Angeles County Code, State food labeling and preparation requirements, Fire Codes and regulations, and the Americans With Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both State and Federal).
U. Not including an attached litter receptacle, vending carts shall not exceed a length of four feet (4'), a width of four feet (4'), or a height, including a roof, umbrella, or awning, of ten feet (10') provided that any umbrella or awning shall be no less than seven feet (7') above the surface of the sidewalk.
V. Vending carts shall not be accompanied by accessories, including, but not limited to, tables, chairs, benches and umbrellas except that one chair and one umbrella may be provided for the purpose of allowing the vendor or an employee to be seated in shade.
W. Vending carts for merchandise, if stored in the City, shall be fully enclosed by a structure with walls and a roof when not in use for sidewalk vending.
X. Vending carts for food shall be stored in accordance with all requirements of the Los Angeles County Department of Public Health.
Y. Vending carts shall have locking wheels to prevent uncontrolled movement.
Z. Vending carts shall not be left unattended.
AA. Vending carts shall not be left overnight on any public property or rights-of-way.
BB. Sidewalk vendors shall not engage in any of the following activities:
1. Using verbal or physical conduct that would cause a reasonable person to fear for his or her safety;
2. Intentionally causing physical contact with any member of the public;
3. Following a person who walks away after expressing a desire to not be vended to;
4. Approaching a person on a bicycle or occupying a motor vehicle other than a commercial vehicle or emergency vehicle offering services to the public;
5. Approaching a person standing in line, seated in an outdoor dining area, or similarly stationary for a specific purpose, so that to a reasonable person, it is apparent that the purpose would be frustrated by relocation to avoid the sidewalk vendor;
6. Intentionally blocking the path of the person being vended to or who has expressed a desire to not be vended to;
7. Impeding or obstructing ingress to or egress from any private property or any structure, parking space or loading facility;
8. Renting merchandise to customers;
9. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products;
10. Knowingly making false statements or misrepresentations during the course of vending;
11. Vending illegal or counterfeit merchandise;
12. Bartering, exchanging, selling, offering for sale, displaying for sale, or soliciting offers to purchase services;
13. In parks, interfering in any way with anyone engaged in a physical activity or approaching spectators who are watching a sporting activity to vend;
14. To prevent dangerous distractions, making any outcry, blowing a horn, ringing a bell, or using any sound devices or musical instrument for the purpose of attracting the attention of potential patrons;
15. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation;
16. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or
17. Vending in a manner that blocks or obstructs the free movement of vehicles, including parked vehicles. (Ord. 19-O-2771, eff. 2-8-2019)