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ORDINANCE NO. 2191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADDING A NEW CHAPTER 6.38 TO TITLE 6, REPEALING SECTION 11.64.120, AND AMENDING SECTIONS 6.36.010 AND 13.08.090, OF THE PLEASANTON MUNICIPAL CODE RELATING TO SIDEWALK VENDORS WHEREAS, on September 17, 2018, Governor Brown signed Senate Bill No. 946 ("SB 946"), adding sections 51036-51039 to the Government Code; and WHEREAS, SB 946 decriminalizes sidewalk vending and limits local regulations to those expressly provided for in the bill or are otherwise "directly related to objective health, safety, or welfare concerns"; and WHEREAS, SB 946 only applies to sidewalk vending in public rights-of-way, and private rights-of-way are still subject to private and local control; and WHEREAS, the City desires to adopt a sidewalk vending ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 6.38 is added to Title 6 of the Pleasanton Municipal Code to read and be numbered as follows: Chapter 6.38 SIDEWALK VENDING 6.38.010 Definitions. As used in this chapter the following meanings shall apply: A. `Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other 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. 6.38.020 Sidewalk Vending Permits. A. Only sidewalk vendors with valid sidewalk vending permits issued by the Police Chief may vend upon the City's public right- of-way. B. To apply for a sidewalk vending permit, the applicant must pay a nonrefundable processing fee in an amount established by resolution of the City Council and provide: 1. A completed application form containing: a. Their name and mailing address; b. Description of the merchandise offered for sale or exchange; c. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation; d. An agreement by the sidewalk vendor, in a form approved by the City Attorney, to indemnify and hold harmless the City, its officers and employees, for any damage or injury arising from the sidewalk vending activities; and