HomeMy WebLinkAboutOrdinance 56101
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Ordinance No. 5610
Ordinance of the Council of the City of Palo Alto Amending Chapters 4.10
(Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and
Chapter 4.32 (Soliciting Information for Commercial Purposes), and Adding
Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto
Municipal Code to Regulate Sidewalk Vendors, Remove License Requirements for
Solicitors and Peddlers, and Update Requirements for Secondhand Dealers
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
A.The City currently regulates various types of mobile and stationary vendors in Chapter
4.10 (Licenses Obtained by Application to Chief of Police), including solicitors, peddlers,
and pushcart vendors;
B.In 2018, the State of California enacted SB 946, which regulates sidewalk vendors under
state law (See Gov. Code section 51036 et seq.);
C.SB 946 permits local authorities, including charter cities like the City of Palo Alto, to
regulate specific aspects of sidewalk vendors in accordance with the provisions of SB 946
(See Gov. Code section 51038(a));
D.SB 946 requires the City to allow sidewalk vendors to vend in City owned or operated
parks unless the City has an exclusive concession agreement in that park (See Gov. Code
section 51038(b)(2));
E.In order to protect the health, safety, and welfare of the City, the Council intends to
regulate sidewalk vendors as detailed in this Ordinance.
F.In order to protect the health, safety, and welfare of the City, the Council intends to limit
the operation of sidewalk vendors near schools during instructional hours to prevent
distraction or interference with school instruction.
G.In addition, in order to comply with various other updates to the law, the City now intends
to amend its requirements for solicitors, peddlers, and secondhand dealers.
SECTION 2. Chapter 4.10 (Licenses Obtained by Application to the Chief of Police) of Title 4
(Business Licenses and Regulations) is hereby amended as follows (additions are underlined,
deletions are in strikethrough):
Chapter 4.10
Licenses Obtained by Application to Chief of Police
Solicitors, Peddlers, Pawnbrokers, Secondhand Dealers, and Other Businesses Regulated by
Police
4.10.010 Application to chief of police.
(a)Applications for licenses for businesses described in this chapter shall be made to the
chief of police and shall be sworn and in writing and shall contain be on a form designated by
the Police Department. the following information:
(1) Name and description of the applicant;
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(2) Address (legal and local);
(3) A brief description of the nature of the business and the goods to be sold, and, in case of
products of farm or orchard, whether produced or grown by the applicant;
(4) If employed, the name and address of the employer, together with credentials
establishing the exact relationship;
(5) The length of time for which the right to do business is desired;
(6) If a vehicle is to be used, a description of the same, together with California state vehicle
license number or other means of identification;
(7) Applicants for solicitors' and peddlers' permits shall be fingerprinted and shall supply the
chief of police with two photographs of the applicant within sixty days prior to the date of the
filing of the applications, which pictures shall be two inches by two inches, showing the head
and shoulders of the applicant in a clear and distinguishing manner;
(8) A statement as to whether or not the applicant has been convicted of any crime,
misdemeanor or violation of any municipal ordinance, the nature of the offense and the
punishment or penalty assessed therefor;
(9) Such other information as the chief of police may deem necessary for the proper police
protection of the city.
4.10.020 Solicitor defined.
A "solicitor" is any person, whether a resident of the city or not, traveling either by foot,
wagon, automobile, motor truck or any other type of conveyance, from place to place, from
house to house, or from street to street, taking or attempting to take orders for sale of goods,
wares and merchandise, personal property of any nature whatsoever, for future delivery, or for
services, whether or not such individual has, carries or exposes for sale a sample of the subject
of such sale or whether he is collecting advance payments on such sales or not.
4.10.025 Peddler defined.
A "peddler" is a person, whether a resident of the city or not, traveling by foot, wagon,
automotive vehicle or any other type of conveyance, from place to place, from house to house,
or from street to street, carrying, conveying or transporting goods, wares, merchandise, fruits,
garden truck, farm products or provisions, offering and exposing the same for sale, or making
sales and delivering articles to purchasers. The word "peddler" includes the words "hawker"
and "huckster."
4.10.030 Pushcart defined. Reserved.
A "pushcart" is a wagon, cart or mobile stand, entitled under this chapter to a stationary
location on a public sidewalk, and intended for the sale of flowers or food.
4.10.035 Pushcart vendor defined. Reserved.
A "pushcart vendor" is a person licensed pursuant to this chapter, who offers food intended
for immediate consumption or flowers for sale from a wagon, cart or mobile stand from a
stationary location on a public sidewalk.
4.10.040 License fees for solicitors and peddlers. Reserved.
A daily, quarterly, or annual fee for soliciting or peddling shall be levied. Additional licenses
may be issued to employees of a license holder on the payment of an annual fee for each
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employee after approval and investigation by the chief of police. All fees shall be as set forth in
the municipal fee schedule.
4.10.045 License fees for pushcart vendors. Reserved.
A daily or quarterly fee shall be levied upon the owner of a pushcart. The owner of multiple
pushcarts shall pay a fee and obtain a license for each pushcart. Additional licenses shall be
issued to employees or lessees of a pushcart owner on the payment of an annual fee for each
employee, after approval and investigation by the chief of police, or designee. All fees shall be
as set forth in the municipal fee schedule.
4.10.050 Regulations for solicitors Solicitors and peddlers - regulations.
(a) No peddler or solicitor, nor any person in his behalf, shall shout, make an outcry, blow a
horn, ring a bell or use any sound device or musical instrument, including any loud-speaking
radio or sound-amplifying system, upon any of the streets, alleys, parks or other public places
of the city or upon any private premises in the city where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys,
parks or other public places, for the purpose of attracting attention to any goods, wares or
merchandise which such licensee proposed to sell.
(b) No peddler or solicitor shall have any exclusive right to any location in the public streets,
nor shall he be permitted a stationary location, nor shall he be permitted to operate in any
congested area where his operations might impede or inconvenience the public. For the
purpose of this title, the judgment of a police officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested or the public impeded or inconvenienced.
(c) No person shall sell or offer for sale goods, wares or merchandise from vehicles upon any
of the public streets of the city; provided, however, that the prohibition contained in this
section does not include the peddling from door to door from vehicles of fresh food products of
farm or garden, nor bona fide deliveries of goods, wares, merchandise or food made on a
regular route to regular customers.
(d) No person shall solicit or peddle from six p.m. to nine a.m., or at any time when a sign has
been posted on a building stating: "No solicitors or peddlers," except that a licensed solicitor or
peddler may call upon the occupant of a residence at other times when he has received express
prior permission from such occupant to do so.
(e) While soliciting or peddling, no person shall represent that all or a portion of the
proceeds from such solicitation or peddling will be used for charitable, religious, educational,
community, recreational, political or similar nonprofit purpose or are to be transmitted to any
person, firm or corporation for any such purpose unless such person is licensed under Chapter
4.30 of this code.
4.10.051 Reserved.
4.10.052 Reserved.
4.10.055 Identification cards for solicitors and peddlers. Reserved.
(a) Contents. The holder of any peddler or solicitor license shall furnish each person engaged
in the licensed activity with a suitable identification card or badge. The cards or badges shall
contain such information as the chief of police deems necessary, but shall include at least the
following:
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(1) The name of the licensee;
(2) The name of the main license holder, if different;
(3) The nature of the licensed activity;
(4) The product or service being peddled or solicited.
(b)Acts Required. Such cards or badges shall be produced on demand of the chief of police
or any member of the police department. Immediately prior to each peddling or solicitation
activity, every person licensed as a peddler or solicitor shall do all of the following in the order
prescribed:
(1) Present his identification card or badge to the potential customer;
(2) Request that the potential customer read the identification card or badge;
(3) Inform the potential customer in clear language of the nature and purpose of the visit.
4.10.057 Regulations for pushcart vendors. Reserved.
Subject also to the regulations and procedures contained in Chapter 4.04, licenses may be
granted to pushcart vendors in accordance with the following criteria and procedures:
(a) Use. Pushcart vendors shall be restricted to the sale of food intended for immediate
consumption or flowers.
(b) Location and Clearance.
(1) Pushcart vendors shall be permitted on public sidewalks except:
(A) Within residentially zoned districts;
(B) Within one hundred feet of school sites;
(C) At locations adjacent to city libraries, community centers, the Cultural Center, public
safety facilities and city-owned utility facilities;
(D) At locations adjacent to dedicated parks, other than sidewalks adjacent to Lytton Plaza
and Cogswell Plaza; and
(E) On designated bicycle paths.
(2) Pushcart vendors shall be permitted in the area on the west side of Embarcadero Road
adjacent to the Palo Alto Airport.
(3) No pushcart vendor shall be located in a manner that:
(A) Impedes access to any city inspection, maintenance and operational devices or controls;
(B) Blocks curbside access to a loading zone, as defined in Section 10.40.010;
(C) Impedes pedestrian access from curbside vehicles to the adjacent sidewalk.
(4) In areas zoned community commercial (CC), commercial downtown (CD) and in areas of
the downtown zoned public facility (PF), no pushcart 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 pushcart
shall be at least half of the sidewalk but not less than three feet.
(5) No pushcart vendor shall be permitted on a public sidewalk within a distance of ten feet
from corner curb lines and corner crosswalks.
(6) No pushcart vendor shall be permitted to locate:
(A) Less than five feet from the nearest display window; or
(B) Less than twenty-five feet from another pushcart vendor.
(7) Except on sidewalks adjacent to Lytton Plaza, no food pushcart vendor shall be permitted
to locate within one hundred feet of a restaurant or food market and no flower pushcart
vendor shall be permitted to locate within one hundred feet of a flower or plant shop. On
sidewalks adjacent to Lytton Plaza, a food pushcart vendor shall be located at least fifty feet
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from a restaurant or food market and a flower pushcart vendor shall be located at least fifty
feet from a flower or plant shop.
(8) In nonpublic sidewalk locations, a pushcart vendor shall be situated in a manner that
does not obstruct traffic and that assures safe vehicular and customer access.
(c) Size and Signage.
(1) A pushcart structure shall not exceed five feet in height and eight feet in length.
(2) Soft umbrellas or canopies which are open on four sides shall be permitted but shall not
exceed eight feet in height, measured from ground level.
(3) All signs shall be placed on the pushcart structure; no signs shall be permitted on ancillary
umbrellas or canopies. Freestanding signs, illuminated signs or flashing lights shall be
prohibited.
(d) Operations.
(1) No pushcart vendor shall sell food or flowers from eight p.m. to seven a.m. The pushcart
shall be removed from its assigned location by eight p.m.
(2) No fires and open flame heating equipment, incidental to the operations of the pushcart,
shall be permitted.
(3) No pushcart vendor shall shout, blow a horn, ring a bell or use any sound device or
musical instrument, including any loud-speaking radio or sound-amplifying system, for the
purpose of attracting attention to any goods or merchandise on sale from the pushcart.
(4) No pushcart vendor shall represent that all or a portion of the proceeds from the
pushcart sales will be used for charitable, religious, educational, community, recreational,
political or similar nonprofit purpose or are to be transmitted to any person, firm or corporation
for any such purpose unless such vendor is licensed under Chapter 4.30 of this code.
(5) A pushcart vendor shall comply with all applicable federal, state or local laws including
the regulations of the Santa Clara County health department.
(e) License Application Issuance and Revocation. Procedures for the application for issuance
of and revocation of a pushcart vendor license shall be in accord with the provisions of Chapter
4.04; provided, that the following additional regulations shall apply:
(1) The application shall contain a statement of intended use, a map showing location and
clearance distances, and a sketch of the proposed pushcart showing dimensions and intended
colors.
(2) The application shall include a certificate of insurance in an amount and form satisfactory
to the city loss-control manager and a hold harmless and indemnity agreement in favor of the
city.
(3) A complete application for a pushcart vendor license shall be reviewed by the city staff
for a determination as to whether such application complies with the regulations contained in
this chapter. Such review shall include a referral to the design staff of the department of
planning and development services for review and comment. The design of the pushcart shall
be evaluated on its own merits rather than for its compatibility with the character of nearby
building facades.
(4) Conditions of approval may be imposed on pushcart vendor licenses where they are
required for the maintenance of the public health, safety and welfare.
(5) The chief of police, or designee, may revoke the pushcart vendor license if he or she
determines that the conditions of the license or any provisions of this chapter are being
violated, or if municipal use of the sidewalk is required for reasons of public safety or
convenience. In the case of a revocation, the licensee shall be notified.
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(f) Penalty. Any person, firm or corporation violating any provision of this chapter is guilty of
a misdemeanor and, upon conviction thereof, shall be punishable as provided by law.
(g) Effect of Section. Pushcart vendors who have valid licenses on the effective date of this
section, pursuant to prior regulations or guidelines applicable to peddlers, but whose pushcart
structures exceed the size requirements contained in Section 4.10.057(c), shall be allowed to
process license renewals and continue the use of the pushcart for a period not to exceed five
years from the effective date of this section.
4.10.058 Reserved.
4.10.060 Reserved.
4.10.070 Circuses, carnivals and traveling shows– Fees.
(a)Every person conducting a circus, carnival, traveling show, rodeo, or any other like or
similar exhibition or amusement shall obtain a special event permit and pay a fee as set forth in
the municipal fee schedule.
(b) The proprietor or manager of any circus, carnival or of any traveling show or device shall,
in addition to the payment of the license fees required, deposit with the treasurer of the city
either five thousand dollars in cash, lawful money of the United States, or a surety bond in the
sum of five thousand dollars, issued by a surety company acceptable to the treasurer, to insure
the payment to the city for any damage to city property occasioned by the operation of such
circus, carnival or traveling show within the limits of the city, including damages occasioned by
the entrance into or exit from the city by said circus, carnival or traveling show, and to insure
the removal, within forty-eight hours after leaving the city, of any signs, placards or advertising
matter placed upon any property within the city limits by the authority of any such persons.
4.10.080 Reserved.
4.10.090 License exemptions. Reserved.
(a) No license shall be required of the following:
(1) Any person who peddles to, or solicits orders from, a regularly established business in the
city; provided, however, that the product or service sold must be for resale or use in the
business;
(2) Any person who peddles or solicits orders for fresh food products of farm or garden
grown by himself;
(3) Any person who solicits orders for newspapers to be delivered personally by himself on a
regular route to customers or subscribers;
(4) Any person entitled to a license exemption under Chapter 4.04 of this title.
4.10.100 Fee exemptions under Business and Professions Code section 16001.
In order to claim a license fee exemption as a veteran, as specified in Sections 16001 and
16001.5 of the Business and Professions Code of the state, or any license fee exemption
required by state or federal law, the applicant shall file with the city treasurer an affidavit or a
declaration under penalty of perjury, on the form provided by him, establishing the facts
entitling the applicant to such fee exemption. The treasurer City may require proof of such
facts. The denial of the application and any appeal from such denial shall be governed by the
procedures in Chapter 4.04 of this title.
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4.10.110 Mechanical amusement devices - Definitions. Reserved.
The following words and phrases, whenever used in this chapter, shall have the following
definitions:
(a) "Arcade" means any establishment open to the public in which six or more mechanical
amusement devices are located, or similar devices for which a consideration or admission fee is
charged to play or operate, whether in conjunction with sales of goods, wares, merchandise, or
services or otherwise, regardless of whether the use of such devices constitutes the principal or
only business operated upon the premises involved.
(b) "Mechanical amusement device" means any machine or device which, upon the insertion
of a coin, slug, or token in any slot or receptacle attached to said machine or connected
therewith, operates or may be operated for use as a game, contest, or amusement, or which
may be used for any such game, contest, or amusement. This term includes any similar device
for which a fee or any consideration is charged to play, whether in conjunction with sales of
other merchandise, goods, wares, or services, or otherwise. Machines which only play recorded
music, provide a ride or dispense a uniform quantity of merchandise are not included under this
definition.
4.10.120 Arcade prohibited - License required for mechanical amusement devices. Reserved.
No arcade shall be permitted in the city, except that any licensee may continue to install,
operate or maintain the number of mechanical amusement devices located in such licensee's
premises on May 8, 1977. The licensee or applicant therefor shall have the burden of
establishing the precise number of mechanical amusement devices located in any premises on
May 8, 1977, and any such license may be denied by the chief of police for failure to sustain
such burden. No person shall install, operate, or maintain any mechanical amusement device,
including those in existence or operation prior to May 8, 1977, without obtaining a license to do
so on or before July 1, 1977, for the ensuing year. The provisions of Chapter 4.04 shall apply to
all licenses required by this chapter and to the renewal, suspension, or revocation of licenses,
and in all other respects, except as expressly provided herein to the contrary.
4.10.130 License application fee. Reserved.
Any application for any mechanical amusement device license required in this chapter, new or
renewal, shall be accompanied by a nonrefundable fee as set in the municipal fee schedule. The
application fee shall be used to defray, in part, the costs of investigation and report, and is not
in lieu of any other fees or taxes required under this code. No fee shall be prorated for any
reason.
4.10.140 License term - Nontransferability. Reserved.
Mechanical amusement device licenses required by this chapter shall be issued for one year,
commencing July 1st of each year, and shall not be transferable.
4.10.150 Increased closing hours. Reserved.
In addition to any other remedy provided herein or by Chapter 4.04, the chief of police shall
have the power, after hearing, for any violation of the duties of a licensee, to impose closing
hours longer than otherwise provided for the business premises in which mechanical
amusement devices are located. Such closing hours shall not constitute a penalty, and may be
in addition to, or in whole or partial suspension of, any penalty provided elsewhere in this code.
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4.10.160 Reserved.
4.10.170 Reserved.
4.10.180 Reserved.
4.10.190 Reserved.
4.10.200 Pawnbrokers prohibited.
It is unlawful for anyone to carry on the business of pawnbroker within the city. For the
purpose of this section, a pawnbroker shall have the same meaning as defined in California
Financial Code section 21000.
4.10.210 Secondhand dealer defined.
"Secondhand dealer" means any person principally engaged in conducting, managing or
carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares and
merchandise as defined in this chapter. shall have the same meaning as defined in California
Business and Professions Code section 21625 et seq.
4.10.220 Secondhand goods, wares and merchandise tangible personal property defined.
"Secondhand goods, wares and merchandise tangible personal property" shall not include
rags, bottles other than milk or cream bottles, sacks other than cement sacks, barrels, cans,
shoes, books, lamps, stoves or household or office furniture, with the exception of sewing
machines, musical instruments, typewriters, portable radios and televisions or any motor
vehicle, trailer, or semitrailer which has been registered in California, as required by law. shall
have the same meaning as defined in California Business and Professions Code section 21625 et
seq.
4.10.225 Secondhand dealer – license required.
A license is required to operate as a secondhand dealer. Applications must be made the
Chief of Police and are subject to all requirements in state and local law, including Business and
Professions Code section 21625 et seq. and the provisions of this Chapter. Any fee authorized
by the Municipal Fee Schedule and/or state law must be paid prior to issuance of the license.
4.10.230 Daily report of purchases by secondhand dealer Secondhand dealers - regulations.
Secondhand dealers must follow all applicable laws, including Business and Professions Code
section 21625 et seq.
(a) Every secondhand dealer shall, on each day, except Sundays and legal holidays, before
the hour of ten a.m., make and deliver to the chief of police in writing a full, true and complete
report, in chronological order, of all dealings in secondhand goods, wares and merchandise by
such secondhand dealer within the city during the twenty-four hours next preceding said
report, together with the time of day when purchased or received, a complete description of
each article purchased or received, and a description of the person or persons from whom
purchased or received or with whom dealt, and also the true name of such person or persons as
nearly as the same is known to or can be ascertained by the person making such report. If any
such article purchased or received has engraved or stamped thereon any number, word or
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initial, or contains any setting of any kind, the description of such article shall contain such
number, word or initial, and shall show the kind of setting or settings and the number of each
kind.
(b) The report required in this section shall be made upon a form to be furnished free of
charge by the chief of police. The chief of police shall cause blank forms to be printed
containing spaces with the proper captions for the furnishing of the information required by
this chapter.
(c) The chief of police, upon receipt of said report, shall file the same in some secure place in
his office, and the reports shall be open to inspection only to members of the police
department, or any other law enforcement agency, or by others upon an order of a court of
competent jurisdiction made for that purpose.
4.10.240 Copies of report kept by dealer. Reserved.
Every secondhand dealer shall keep at his place of business a copy of every report required by
Section 4.10.230 hereof, and such copy shall be open at all times during business hours to the
inspection of the chief of police or any member of the police department or any officer
authorized by law. The report shall be in book form, and each transaction shall be kept in
chronological order.
4.10.250 Reports and records in English language. Reserved.
Every report and record required by the provisions of this chapter to be filed, kept or made
shall be written or printed entirely in the English language in a clear and legible manner and
shall be made out at the time the transaction is made.
4.10.260 Failure to make report. Reserved.
It is unlawful for any secondhand dealer or for any agent or employee of such secondhand
dealer to fail, refuse, or neglect to file a report, as required herein, in the manner, form, at the
time and in all respects in accordance with the requirements of this chapter, or to fail, refuse,
or neglect to exhibit to the chief of police, or to any member of the police department, or to
any officer authorized by law, immediately upon demand, any such record or report, or any
goods, wares, and merchandise so purchased or received by such secondhand dealer, or by any
agent or employee of such secondhand dealer.
4.10.270 Goods held for inspection. Reserved.
All goods, wares and merchandise purchased or received by any secondhand dealer shall be
held for a period of at least twenty days after purchase or receipt before the same shall be sold
or otherwise disposed of, and during such twenty-day period all such property shall be kept
separate and apart from all other goods, wares and merchandise upon the premises in the
possession of such secondhand dealer, and all such property shall, during said twenty-day
period, be kept and exposed for police inspection during business hours.
4.10.280 Exemptions. Reserved.
(a) The provisions of this chapter shall not apply to secondhand goods, wares and
merchandise:
(1) Purchased at a public sale or auction;
(2) Purchased from any person holding a State Board of Equalization permit number as a
seller;
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(3)Accepted in trade on the purchase of new merchandise;
(4) Received or purchased by any religious, charitable, civic or fraternal organization for
purposes of resale.
SECTION 3. Title 4 (Business Licenses and Regulations) is hereby amended to add a new
Chapter 4.12 (Sidewalk Vendors) to read as follows:
4.12.010 Purpose
This Chapter 4.12 implements a sidewalk vendor program as permitted by Government Code
Section 51306 et seq.
4.12.020 Definitions
(a) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand,
display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from
one’s person, upon a public sidewalk or other City-owned pedestrian path.
(b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
(c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
4.12.030 General
Sidewalk vendors are permitted except:
(a)Within 100 feet of the outer perimeter of a permitted certified farmers’ market or a
permitted swap meet during the limited operating hours of that certified farmers’ market or
swap meet. A “certified farmers’ market” means a location operated in accordance with
Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural
Code and any regulations adopted pursuant to that chapter. A “swap meet” means a
location operated in accordance with Article 6 (commencing with Section 21660) of Chapter
9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant
to that article.
(b)Within 100 feet of the outer perimeter of an area designated for a temporary special
permit issued by the City, provided that any notice, business interruption mitigation, or other
rights provided to affected businesses or property owners under the City’s temporary special
permit are also provided to any sidewalk vendors specifically permitted to operate in the
area, if applicable. For purposes of this subsection, a temporary special permit is a permit
issued by the City for the temporary use of, or encroachment on, the sidewalk or other
public area, including, but not limited to, an encroachment permit, special event permit, or
temporary event permit, for purposes including, but not limited to, filming, parades, or
outdoor concerts. A prohibition of sidewalk vendors pursuant to this subsection shall only be
effective for the limited duration of the temporary special permit.
(c)Within 100 feet of the outer perimeter of a school during in-person instructional time.
(d)Within zones that are exclusively residential as defined in Chapter 18 (Zoning) of the Palo
Alto Municipal Code. This subsection (d) shall only apply to stationary sidewalk vendors.
(e)In City owned or operated parks in which the City has signed an agreement for
concessions that exclusively permits the sale of food or merchandise by the concessionaire.
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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
18.23.040 (Late Night Uses and Activities) and shall be subject to its provisions. Sidewalk
vendors in violation of Section 18.23.040 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.
4.12.050 Sidewalk Vendors in Parks
(a)Notwithstanding Section 22.04.160 (Commercial activities and solicitation), a sidewalk
vendor may operate in City parks, including those dedicated in Chapter 22.08 (Park
Dedications), unless specifically restricted pursuant to statute or regulation.
(b)Following the procedure in Section 22.04.030 (Compliance Required), the City Manager
may promulgate regulations regulating the time, place, and manner of sidewalk vending in
parks owned or operated by the City if the requirements are any of the following:
(1)Directly related to objective health, safety, or welfare concerns;
(2)Necessary to ensure the public’s use and enjoyment of natural resources and recreational
opportunities; or
(3)Necessary to prevent an undue concentration of commercial activity that unreasonably
interferes with the scenic and natural character of the park.
(c)It shall be a violation for any person to violate any provision in the regulations authorized
by subsection (b) of this section. Violators will be subject to the penalties in Section 4.12.060.
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4.12.060 Violations and Penalties
(a)A person found to be in violation of any of the provisions of this Chapter 4.12 or any
regulations authorized by this Chapter shall be subject to the following penalties:
(1)An administrative fine of one hundred dollars ($100) for a first violation.
(2)An administrative fine of two hundred dollars ($200) for a second violation within one
year of the first violation.
(3)An administrative fine of five hundred dollars ($500) for each additional violation within
one year of the first violation.
(4)The City may prohibit a sidewalk vendor from operating in the City for one year upon the
fourth violation or subsequent violations within one year of the first violation in addition to an
administrative fine of five hundred dollars ($500).
(b)Failure to pay an administrative fine pursuant to subdivision (a) or (b) shall not be
punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other
financial conditions beyond those authorized in subdivision (a) and (b) shall not be assessed.
(c)When assessing an administrative fine pursuant to subdivision (a) and (b), 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.
(d)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, 20 percent of the
administrative fine imposed pursuant to subdivisions (a) and (b).
(e)The hearing officer may allow the person to complete community service in lieu of paying
the total administrative fine, may waive the administrative fine, or may offer an alternative
disposition.
SECTION 4. Chapter 4.30 (Soliciting Funds) of Title 4 (Business Licenses and Regulations) is
hereby amended as follows (additions are underlined, deletions are in strikethrough):
4.30.010 Permit required. Reserved.
No person shall solicit within the city for a contribution of funds for a charitable, political,
religious, educational, community, recreational or similar nonprofit purpose by means of calling
upon places of residence or business, or by means of direct personal contact in public places or
upon public property without obtaining a permit as provided in this chapter. Any peddling or
soliciting as defined in Chapter 4.10, by means of representation that all or a portion of the
proceeds thereof are to be used for a charitable or similar nonprofit purpose or are to be
transmitted to any person, firm or corporation for any such purpose is unlawful unless a permit
has been first obtained as provided in this chapter.
4.30.020 Exceptions to permit requirements. Reserved.
(a) The provisions of this chapter, except for Section 4.30.100, shall not be applicable to:
(1) Solicitations by one member of an organization to another when the solicitation is
conducted for that same organization;
(2) Political committees for which the Secretary of State has assigned an identification
number pursuant to the Political Reform Act (California Government Code Section 84101).
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4.30.030 Application. Reserved.
(a) Application for a permit to solicit shall be made to the chief of police at least ten business
days prior to the time of the proposed effective date of the permit; provided, however, that the
chief of police, for good cause shown, may allow the filing of an application less than ten
business days before such date. The application shall contain the following information or, in
lieu thereof, a detailed statement of the reason why such information cannot be furnished:
(1) The name and address or headquarters of the person applying for the permit, and of the
organization on whose behalf the solicitation is conducted;
(2) If the applicant is not an individual, the names and addresses of the applicant's principal
officers and managers and a copy of the resolution, if any, authorizing such solicitation;
(3) The purpose for which the solicitation is to be made;
(4) The names, addresses and phone numbers of the persons who will be in direct charge of
conducting the solicitation;
(5) The time when such solicitation shall be made, giving the preferred dates for the
beginning and ending of such solicitation;
(6) A copy of the Franchise Tax Board determination exempting the organization from tax
under California Revenue and Taxation Code Section 23701, or a statement indicating that the
organization does not have tax-exempt status;
(7) A statement indicating whether any of the solicitors are salaried or commissioned.
(b) If, while any application is pending or during the term of any permit granted thereon,
there is any change in fact, policy, or method that would alter the information given in the
application, the applicant shall notify the chief of police in writing thereof within twenty-four
hours after such change.
4.30.040 Issuance of permits. Reserved.
Prior to the date on which the solicitation is to begin, the chief of police or a designee shall
issue the permit unless the information required by Section 4.30.030 has not been provided. If
the permit is denied for failure to comply with Section 4.30.030, the applicant shall be granted a
permit immediately upon compliance with its requirements.
4.30.050 Suspension and revocation of permits. Reserved.
(a) Definitions.
(1) "Suspension" means that the permit is temporarily withdrawn and is reinstated when the
suspension period ends.
(2) "Revocation" means that the permit is terminated and that a new permit may not be
obtained until the original permit period ends.
(b) Grounds for Suspension or Revocation. The permit may be suspended or revoked in
accordance with the procedures specified in Section 4.30.060 for a violation of this chapter or
for any one of the following reasons:
(1) Failure to comply with the requirements of California Business and Professions Code
Section 17510.3 during the solicitation;
(2) The permit holder or any of the persons involved in the solicitation is found by a court to
have engaged, during the solicitation, in fraudulent activity, violation of trespass statutes, or
crimes of violence;
(3) The applicant has intentionally misrepresented a material fact on the application;
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(4) The solicitation is not authorized by the organization or its officers and managers as listed
on the application.
4.30.060 Procedures for suspension or revocation of permit. Reserved.
(a) Notice of Hearing. A notice of the hearing shall be given to the permittee by the city
manager in writing, setting forth the time and place of the hearing, the ground or grounds upon
which the hearing is based, the pertinent code section or sections, and a brief statement of the
factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to
the permittee at the address listed on the permit application, or it shall be delivered to the
permittee personally, at least ten days prior to the hearing date.
(b) Hearing Rules. All parties involved shall have the right to other testimonial, documentary,
and tangible evidence bearing on the issues, to be represented by counsel, and to confront and
cross-examine any witnesses against them. Any hearing under this title may be continued for a
reasonable time for the convenience of a party or a witness.
(c) Disposition of the Case.
(1) Disciplinary Action. If the city manager, after the hearing, finds that cause exists for
disciplinary action, either a warning, or a suspension or revocation of the permit may be
imposed.
(2) Transmittal of Decision. Within ten days of the hearing the city manager shall render an
opinion in writing, stating findings and the action taken, if any. This opinion shall be mailed,
postage prepaid, to the permittee or delivered to the permittee personally.
(d) No Appeal. The decision of the city manager shall be final.
4.30.070 Permit time limit - Renewal. Reserved.
Permits issued pursuant to this chapter shall be valid a maximum of ninety days only, and no
person shall solicit with an expired permit. The chief of police shall prescribe procedures and
standards for the renewal of such permits, except that such standards and procedures shall not
be stricter than those required for the original issuance of the permit. Each renewal period shall
be for a maximum of ninety days.
4.30.080 Identification cards. Reserved.
(a) The permittee shall furnish each person engaged in the solicitation activity in question
with a suitable identification card or badge. The cards or badges shall contain the following:
(1) The name of the individual solicitor;
(2) The name of the permittee, if different;
(3) The purpose of the solicitation activity.
4.30.090 Identification cards to be carried and produced. Reserved.
Any identification card or badge issued hereunder shall be kept on the person to whom it is
issued at all times during such solicitation. Such card or badge shall be presented when any
solicitation is made and shall be produced upon demand of the chief of police or any member
of the police department.
4.30.100 Conduct of solicitations.
(a) No person shall solicit funds at any time at any building where there is a posted sign
stating "No solicitors," or words to that effect, except that a licensed solicitor may call upon an
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occupant of a building when he has received express prior permission from such occupant to do
so.
(b) No person shall solicit funds in any congested area where the solicitation activity impedes
the public. For the purpose of this section, the judgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested or the public impeded.
4.30.110 Severability.
If any provision or clause of this chapter or the application thereof to any person or
circumstance is held to be unconstitutional or to be otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect other chapter provisions, and clauses of
this chapter are declared to be severable.
SECTION 5. Chapter 4.32 (Soliciting Information for Commercial Purposes) of Title 4 (Business
Licenses and Regulations) is hereby amended as follows (additions are underlined, deletions are
in strikethrough):
4.32.010 Definitions.
(a) For the purpose of this chapter, unless it is plainly evident from the context that a
different meaning is intended, certain terms used in this chapter are defined as follows:
(1) "Interviewee" means a person from whom information is requested by a solicitor as
defined in this chapter.
(2) "Soliciting" means requesting information on the background, occupation, economic
status, social status, religious status, political status, attitudes, viewpoints, occupants of a
residence, telephone number, address, furnishings, or the like of another person for the
purpose of compiling such information as raw data or refined data into a document, record,
book, or directory to be sold, or to be used wholly or in part for a commercial purpose.
(3) "Solicitor" means the person soliciting as defined in this chapter.
4.32.020 Permit required for solicitors. Reserved.
A permit is required for every person or organization which engages in soliciting information
by means of calling upon places of residence or by means of direct personal contact in public
places or upon public property. One permit may be obtained by an organization to cover the
individual solicitors for the organization. Any peddling or soliciting, as defined in Chapter 4.10,
which is carried on in connection with said solicitation of information is unlawful unless a
permit also has been obtained as provided in Chapter 4.10.
4.32.030 Exceptions. Reserved.
(a) The provisions of this chapter shall not apply to the following:
(1) Any news-gathering activity for a bona fide news medium;
(2) Any solicitation of information for a telephone book by a telephone company.
4.32.040 Application. Reserved.
(a) Application for a permit to solicit information shall be made to the chief of police at least
fifteen days prior to the time of the proposed effective date of the permit; provided, however,
that the chief of police, for good cause shown, may allow the filing of an application less than
fifteen days before such date. The application shall contain the following information or, in lieu
thereof, a detailed statement of reasons why such information cannot be furnished:
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(1) The name, address, or headquarters of the person applying for the permit;
(2) If the applicant is not an individual, the names and addresses of the applicant's principal
officers and managers and a copy of the resolution, if any, authorizing such solicitation,
certified to as a true and correct copy of the original by the officer having charge of the
applicant's record;
(3) The purpose for which the solicitation is to be made and the use or disposition to be
made of any information therefrom;
(4) The names and addresses of the persons to whom the information solicited will be sent;
(5) The names and addresses of the persons who will be in direct charge of conducting this
solicitation and the names of all promoters connected, or to be connected, with the proposed
solicitation;
(6) An outline of the methods to be used in conducting the solicitation;
(7) The time when such solicitation shall be made, giving the preferred dates for the
beginning and ending of such solicitation;
(8) A statement to the effect that if a permit is granted, it will not be used or represented in
any way as an endorsement by the city or by any department or officer thereof;
(9) Such other information as may be reasonably required by the chief of police in order for
him to determine the kind and character of the proposed solicitation and whether such
solicitation is not inimical to the public welfare. If, while any application is pending or during the
term of any permit grained thereon, there is any change in fact, policy, or method that would
alter the information given in the application, the applicant shall notify the chief of police in
writing thereof within twenty-four hours after such change.
4.32.050 Permit fees. Reserved.
A fee for a permit to solicit information shall be levied as set forth in the municipal fee
schedule.
4.32.060 Investigation of books and records. Reserved.
Upon the request of the chief of police or his designee at any time before the permit is issued,
during the time the permit is in effect, or after the permit has expired, the applicant shall make
available at the Civic Center or at any other reasonable location specified by the chief of police
or his designee such nonprivileged books, records, and papers as may be required to investigate
the matters relevant to the permit.
4.32.070 Standards for issuance of permits. Reserved.
The chief of police or his designee shall issue the permit unless he has cause for denying the
permit application or issuing a probationary permit as specified in Chapter 4.04.
4.32.080 Identification cards. Reserved.
(a) The permittee shall furnish each person engaged in the soliciting activity in question with
a suitable identification card or badge. The cards or badges shall contain such information as
the chief of police deems necessary, but shall include at least the following:
(1) The name of the individual solicitor;
(2) The name of the permittee, if different;
(3) The purpose of the solicitation activity;
(4) A statement that the interviewee is not required to provide any or all of the information
solicited.
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Such cards or badges shall be produced on demand of the chief of police or any member of
the police department.
4.32.090 Acts required during each solicitation. Reserved.
(a) Immediately prior to any request for information, each solicitor shall do all of the
following in the order prescribed:
(1) Present his identification card or badge to the interviewee;
(2) Request the interviewee to read the identification card or badge;
(3) Inform the interviewee in clear language of the nature and purpose of the solicitation and
whether he is representing a governmental entity or whether he is representing a private
person or organization;
(4) Inform the interviewee that the interviewee need not provide any or all of the
information the solicitor requests.
4.32.100 Restrictions on methods of solicitation.
(a) It shall be unlawful for a solicitor to do any of the following:
(1) Falsely represent, directly or by implication, that the information is being solicited on
behalf of a governmental organization;
(2) Threaten, directly or by implication, that the information requested will be solicited from
sources other than the interviewee if the interviewee does not provide the information;
(3) Without the express prior permission of an occupant, solicit at any residence address or
apartment complex where there is posted a sign stating: "No solicitors or peddlers."
4.32.110 Hours of solicitation.
No person shall solicit information from six p.m. to nine a.m.; provided, however, a solicitor
may call upon the occupant of a residence during such hours when he has received express
prior permission from such occupant to do so.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 7. The Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and
15323 (Normal Operations of Facilities for Public Gatherings).
//
//
//
//
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SECTION 8. This Ordinance shall be effective on the thirty-first date after the date of its
____________________________
Mayor
APPROVED:
____________________________
adoption.
INTRODUCED: December 11, 2023
PASSED: January 16, 2024
AYES: BURT, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER
NOES: KOU
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
101_20231128_ts_24
City Manager
____________________________
Chief of Police
____________________________
Director of Community Services
DocuSign Envelope ID: 9CFB5571-8C12-4D49-B6C6-EA8B7E6F0E6F
Certificate Of Completion
Envelope Id: 9CFB55718C124D49B6C6EA8B7E6F0E6F Status: Completed
Subject: DocuSign: Ordinance 5610
Source Envelope:
Document Pages: 18 Signatures: 6 Envelope Originator:
Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
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1/19/2024 4:18:39 PM
Holder: Vinhloc Nguyen
Vinhloc.Nguyen@CityofPaloAlto.org
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Tim Shimizu
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Assistant City Attorney
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Kristen O'Kane
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Director Community Services
City of Palo Alto
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Andrew Binder
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Chief
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Ed Shikada
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Ed Shikada
City of Palo Alto
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Greer Stone
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Vice Mayor
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Mahealani Ah Yun
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City Clerk
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