A. A violation of this article by a sidewalk vendor who has a valid current permit issued by the City pursuant to this article is punishable only by an administrative citation pursuant to title 1, chapter 3, article 3 of this Code, in amounts not to exceed the following:
1. One hundred dollars ($100.00) for a first violation.
2. Two hundred dollars ($200.00) for a second violation within one year of the first violation.
3. Five hundred dollars ($500.00) for each additional violation within one year of the first violation.
4. The City may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
B. A person engaged in sidewalk vending without a valid current permit issued pursuant to this article is punishable only by an administrative citation pursuant to title 1, chapter 3, article 3 of this Code, in amounts not to exceed the following, in lieu of the amounts set forth in subsection A of this section:
1. Two hundred fifty dollars ($250.00) for a first violation.
2. Five hundred dollars ($500.00) for a second violation within one year of the first violation.
3. One thousand dollars ($1,000.00) for each additional violation within one year of the first violation.
4. Upon proof of a valid permit issued by the City pursuant to this article, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in subsection A of this section.
C. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this article is committed, continued, or permitted by any person.
D. A violation of this article shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this article shall not be subject to arrest except when permitted under law. Further, failure to pay an administrative citation issued pursuant to this article shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
E. When assessing administrative citations pursuant to this article, the Administrative Hearing Officer shall take into consideration the person's ability to pay the fine. The Administrative Hearing Officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
F. If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this article.
G. The Administrative Hearing Officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition. (Ord. 19-O-2771, eff. 2-8-2019)