(a) A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the City is punishable only by an administrative citation pursuant to Chapter 1.08
, in amounts not to exceed the following:
(1) One hundred dollars for a first violation.
(2) Two hundred dollars for a second violation within one year of the first violation.
(3) Three hundred dollars for each additional violation within one year of the first violation.
(b) A person engaged in sidewalk vending without a valid City sidewalk vending permit is punishable by an administrative citation pursuant to Chapter 1.08 in amounts not to exceed the following, in lieu of the amounts set forth in paragraph (a):
(1) Two hundred fifty dollars for a first violation.
(2) Five hundred dollars for a second violation within one year of the first violation.
(3) One thousand dollars for each additional violation within one year of the first violation.
(4) Upon proof of a valid sidewalk vending permit issued by the City, the administrative citations set forth in this paragraph shall be reduced to amounts set forth in paragraph (a).
(c) A violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.
(d) Failure to pay an administrative citation issued pursuant to this section 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 section, the hearing officer shall take into consideration the person's ability to pay the fine. The City 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 Government Code section 68632, the City shall accept, in full satisfaction, 20% of an administrative citation imposed pursuant to this chapter.
(g) The 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. 707 § 1 (part), 2019)