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02
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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050719
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4/30/2019 4:22:48 PM
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4/30/2019 4:22:45 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/7/2019
DESTRUCT DATE
15Y
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BACKGROUND <br /> In 2018, the Governor approved SB 946, which limits the City's ability to regulate <br /> sidewalk vending unless the City adopts specific regulations. The legislation defines <br /> "sidewalk vendor" as a person who sells food or merchandise on a public sidewalk or <br /> other pedestrian path. With the enactment of SB 946, the Legislature amended <br /> California Government Code Sections 51036 - 51069 to decriminalize sidewalk vending <br /> with the intent to promote entrepreneurship and economic development opportunities <br /> for low-income and immigrant communities. Under SB 946, the City is prohibited from <br /> assessing criminal penalties for violations of the City's sidewalk vending regulations, <br /> and its ability to prohibit sidewalk vendors in public parks and on public sidewalks is <br /> limited. <br /> Staff is recommending the adoption of a sidewalk vendor ordinance to establish <br /> minimum requirements for sidewalk vendors in order to protect pedestrians and <br /> customers. Staff is also recommending the adoption of the ordinance to ensure that <br /> such vending does not adversely affect parks, residential areas, and downtown events <br /> including Concerts in the Park and the Pleasanton Farmers Market. <br /> DISCUSSION <br /> Scope of Permissible Regulation <br /> SB 946 lists a number of impermissible regulations. First, the City is prevented from <br /> requiring a sidewalk vendor to operate within specific parts of the public right-of-way; <br /> however, the City may prohibit sidewalk vendors near certified farmers' markets, swap <br /> meets, or areas subject to a temporary special permit. Second, the City may not prohibit <br /> a sidewalk vendor from selling food or merchandise in a City park, except where the <br /> City has contracted with a concessionaire for the exclusive sale of food or merchandise. <br /> Third, the City may not require a sidewalk vendor to obtain the consent or approval of <br /> any nongovernmental entity or person before selling food or merchandise. Fourth, the <br /> City may not restrict sidewalk vending to a designated neighborhood or other area, <br /> although the City may prohibit a stationary sidewalk vendor from operating in an <br /> exclusively residential zone. Lastly, the City may not restrict the number of sidewalk <br /> vendors permitted in the City. <br /> Notwithstanding these five prohibitions, the City may impose additional regulations if <br /> they directly relate to objective health, safety or welfare concerns. The City may also <br /> regulate the time, place, and manner of sidewalk vending, including, but not limited to, <br /> any of the following: <br /> • Restricting the hours of operation; <br /> • Requiring maintenance of sanitary conditions; <br /> • Complying with disability access standards; <br /> • Obtaining a use permit and/or business license; <br /> Page 2 of 4 <br />
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