4.12.040 Placement and operation requirements.

   (a)   No sidewalk vendor shall be located in a manner that:

   (1)   Impedes access to any city inspection, maintenance and operational devices or controls;

   (2)   Blocks curbside access to a loading zone, as defined in Section 10.40.010;

   (3)   Impedes pedestrian access from curbside vehicles to the adjacent sidewalk;

   (4)   Impedes the use of sidewalk bumps or other tactile paving by use of the visually impaired;

   (5)   Impedes access to a driveway;

   (6)   Is situated between a duly permitted parklet or other on-street use and the adjacent storefront.

   (b)   No sidewalk vendor shall be permitted on a public sidewalk within a distance of ten feet from corner curb lines and corner crosswalks.

   (c)   In areas zoned community commercial (CC), commercial downtown (CD) and in areas of the downtown zoned public facility (PF), no sidewalk vendor shall be permitted within a minimum sidewalk clearance width of eight feet between fixed objects, planter wells and/or curbs. Other than in the above locations, the minimum sidewalk clearance width for a sidewalk vendor shall be at least half of the sidewalk but not less than three feet.

   (d)   Sidewalk vendors shall be considered “retail” businesses for the purpose of Section 18.42.040 (Late Night Uses and Activities) and shall be subject to its provisions. Sidewalk vendors in violation of Section 18.42.040 shall be subject to the penalties in Section 4.12.060.

   (e)   Sidewalk vendors shall possess a valid California Department of Tax and Fee Administration seller’s permit and any other permit or license required by law, including a permit from the County of Santa Clara for mobile food facilities, if applicable.

   (f)   Sidewalk vendors shall follow all other generally applicable laws.

   (g)   The City Manager or designee may promulgate regulations regarding the size, placement, safety, and operational requirements or restrictions of sidewalk vendors.

(Ord. 5610 § 3 (part), 2024)