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