HomeMy WebLinkAbout2019-02-19; City Council; ; Ordinance No. CS-346 -Amending Title 8 of the Carlsbad Municipal Code by Repealing and Replacing Chapter 8.32 to Create a Sidewalk and Food Truck Vending Equipment Permit~ CITY COUNC IL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
February 19, 2019
Mayor and City Council
Scott Chadwick, City Manager
Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760-434-2917
CAReview Mk
Subject: Ordinance No. CS-346 -Amending Title 8 of the Carlsbad Municipal Code
by Repealing and Replacing Chapter 8.32 to Create a Sidewalk and Food
Truck Vending Equipment Permit Program
Recommended Action
Adopt Ordinance No. CS-346 amending Title 8 of the Carlsbad Municipal Code by repealing and
replacing Chapter 8.32 to create a Sidewalk and Food Truck Vending Equipment Permit Program.
Executive Summary /Discussion
Ordinance No. CS-346 was introduced and first read at the City Council meeting held on
February 12, 2019. On a motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member
Blackburn, the City Council voted 5/0 to introduce the Ordinance. The second reading allows
the City Council to adopt the ordinance which will become effective thirty days after adoption.
Fiscal Analysis
In-house costs to the city's Code Enforcement and Finance Departments, including the Risk
Manager, will be incurred in the administration and enforcement of the new permitting
program. These costs will be partially offset by vendors' business license and vending
equipment permit fees. Current business license fees for mobile vendors are listed at a flat rate
of $80. The proposed permit fee can be established and modified as needed by council
resolution. At this time, staff recommends no permit fee as per the policy used with analogous
permits such as short-term vacation rentals.
While it is difficult to predict how this ordinance will change the vending landscape in Carlsbad,
staff anticipates that many sidewalk vendors and food truck vendors will begin to operate
throughout the city without the required vending equipment permit or license. Staff has
concerns that the Code Enforcement Department will not have the manpower to effectively
and fairly enforce the proposed ordinance. Staff may return to Council at a later date should
there be a demonstrated need to hire additional Code Enforcement staff.
Next Steps
The City Clerk will have the ordinance or a summary of the ordinance published in a newspaper
of general circulation within fifteen days following adoption of the ordinance.
February 19, 2019 Item #1 Page 1 of 14
Environmental Evaluation (CEQA)
CEQA requires analysis of agency approvals of discretionary "projects." A "project" is defined
under CEQA as "the whole of an action, whkh has a potential for resulting in either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change in the
environment." Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of Regulations
(the CEQA Guidelines) describes the general rule that CEQA only applies to projects which
"have the potential for causing a significant effect on the environment; where it can be seen
with certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA."
Staff opines that the new chapter 8.32 created by this proposed ordinance should be
categorically exempt from environmental review pursuant to CE,QA Guidelines section
15061(b)(3). While actions under the proposed regulations may be classified as "projects"
under CEQA, nothing in this new chapter or its implementation, either individually and
cumulatively, would foreseeably have any significant effect on the environment. The proposed
ordinance contains a provision for council to make this required finding (see Exhibit 1, section
8.32.0IO(B)"Purpose and Findings").
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1. Ordinance No. CS-346
February 19, 2019 Item #1 Page 2 of 14
ORDINANCE NO. CS-346
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY
REPEALING AND REPLACING CHAPTER 8.32 TO CREATE A SIDEWALK AND
FOOD TRUCK VENDING EQUIPMENT PERMIT PROGRAM.
Exhibit 1
WHEREAS, the California State Legislature has added Chapter 6.2 to Part 1 of Division 1 of Title 5 of
the Government Code;
WHEREAS, section 8.32.010 of the Carlsbad Municipal Code substantially restricts sidewalk vendors'
ability to do business in Carlsbad and conflicts with new state law;
WHEREAS, the Carlsbad City Council seeks to comply with new state law and recognizes that
sidewalk and street vending provide important entrepreneurship and economic development
opportunities to low-income and immigrant communities, contribute to a dynamic public space and
increase access to desired goods and culturally significant food and merchandise;
WHEREAS, the City Council also seeks to protect the health, safety and welfare of the public and the
use and enjoyment of public spaces, natural resources and recreational opportunities within the City of
Carlsbad;
WHEREAS, the City Council finds that there is a need to regulate the sale of food and merchandise in
.the public right-of-way and ensure that trash and debris are removed;
WHEREAS, regulations are needed to ensure that street and sidewalk vendors prepare food safely
and according to all applicable regulations;
WHEREAS, regulations are needed to accommodate vending equipment while safeguarding
pedestrian and vehicular movement and access on and near sidewalks and other thoroughfares;
WHEREAS, the City Council finds that regulation of sidewalk and street vending benefits the City by
promoting orderly commerce; and
WHEREAS, the City Council seeks to create a vending equipment permit program that will regulate
street vendors in Carlsbad.
THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
Section 1. The above recitations are true and correct.
Section 2. That chapter 8.32 of the Carlsbad Municipal Code is hereby repealed and replaced as
follows:
February 19, 2019 Item #1 Page 3 of 14
SECTIONS
8.32.010 Purpose and Findings
8.32.020 Definitions
CHAPTER 8.32 VENDING AND SOLICITING
8.32.030 Vending Equipment Permit Requirements
8.32.040 Business License Requirement
8.32.050 Release and Indemnification Requirements
8.32.060 Insurance Requirement
8.32.070 Permit Denial and Revocation
8.32.080 Sidewalk Vending Generally
8.32.090 Sidewalk Vending Equipment
8.32.100 Food Truck Vending Requirements
8.32.110 Penalties and Fines
8.32.120 lmpoundment of Vending Equipment
8.32.130 Sidewalk Cates
8.32.140 Sidewalk Sales
8.32.150 Street Fairs
8.32.160 Standing
8.32.170 Severability
8.32.180 Non-Applicability
8.32.010 Purpose and Findings
A. The purpose of this chapter is to establish a regulatory program to comply with California State
Senate Bill 946 (Chapter 459, Statutes 2018). This chapter's provisions will encourage micro-
business owners to engage in the business and economic community of the City of Carlsbad by
removing prohibitions against vending on public sidewalks and right-of-ways, while still
maintaining regulations that protect public health, safety and welfare. The time, place and
manner restrictions throughout this chapter are necessary to:
1. Comply with the Americans with Disabilities Act (ADA) by providing clear and open
sidewalks and access to public transportation areas;
2. Successfully provide police, fire and emergency services;
3. Ensure the safe flow of vehicular traffic and pedestrians along public roadways, sidewalks
and right-of-ways, particularly along and near high traffic and narrow sidewalks and right-of-
ways;
4. Protect natural resources and preserve the utility, natural beauty and recreational value of
public spaces throughout the City;
5. Protect public health and safety by ensuring vendors utilize proper sanitation in food
handling and preparation;
6. With regard to restrictions on vending in the Carlsbad Village Sea Wall trail area as defined
herein, many portions of this trail area are narrow and regularly host a high volume of
pedestrians and dogs (on the upper area) traveling in each direction. Restrictions on
February 19, 2019 Item #1 Page 4 of 14
sidewalk vending are necessary to protect the public from injury given the Sea Wall area's
popularity as a destination for tourists and residents alike;
7. With regard to restrictions on vending in public parks and recreational facilities, these
restrictions are necessary to: preserve the public's free use and enjoyment of natural
resources and recreational opportunities; prevent an undue concentration of commercial
activity that unreasonably interferes with the scenic and natural character of these spaces;
and ensure the health, safety and welfare of persons engaged in active sports activities and
spectators of active sports activities.
B. This chapter is found to be categorically exempt from environmental review pursuant to CEQA
Guidelines section 15061(b){3}, in that the City Council finds and determines that there is
nothing in this chapter or its implementation, either individually or cumulatively, which would
foreseeably have any significant effect on the environment.
C. Nothing in this chapter shall be construed to affect the existing requirements of Carlsbad
Municipal Code section 11.32.030, concerning unlawful acts and the issuing of facility use and
special event permits in City parks and beaches.
D. Nothing in this chapter shall be construed to affect the requirements of San Diego County Code
section 61.201 or Part 7 (beginning at Section 113700} of Division 104 of the California Health
and Safety Code as applied to an individual who sells food or beverages.
8.32.020 Definitions
For purposes of this chapter the following definitions apply:
"Business license" means a license issued by the City of Carlsbad pursuant to Carlsbad Municipal Code
chapters 5.04 and 5.08, authorizing an individual to conduct business within City limits.
"City" means the City of Carlsbad.
"Conveyance" means any wheeled device used to carry persons or property.
"Food truck" means a motorized vehicle specifically equipped for the sale of food or beverages used for
vending purposes.
"Food truck vendor" means a person who vends food or beverages using a food truck.
"Ice cream truck" means a food truck engaged in the curbside vending or sale of frozen or refrigerated
desserts, confections or novelties commonly known as ice cream, or prepackaged candies, snack foods
or soft drinks, primarily intended for sale to children under 12 years of age.
"Pedestrian path" means a paved path or walkway owned by the City or other public entity that is
specifically designed for pedestrian travel, other than a sidewalk.
"Permittee" means the authorized recipient of a duly issued vending equipment permit.
"Residential street" means any street that adjoins one or more single family or multi-family residentially
zoned parcel(s).
February 19, 2019 Item #1 Page 5 of 14
"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers,
markings or other delineation specifically designed for pedestrian travel and that is owned by the City or
other public entity.
"Sidewalk Vendor" means a person who vends food or merchandise using nonmotorized vending
equipment or from one's person, upon or along a public sidewalk or other public pedestrian path.
"Vend" or "vending" means an offer to sell or the sale of goods, merchandise, food or beverages on a
public street, alley, highway, parking lot, sidewalk, pedestrian path or right-of-way.
"Vending equipment" means any motorized or non-motorized conveyance used for sidewalk or food
truck vending purposes including but not limited to: food trucks, pushcarts, pedal-driven carts, wagons,
bicycles or any other free-standing conveyance.
"Vending equipment permit" means a written City of Carlsbad approval required prior to the use of
vending equipment for vending purposes.
8.32.030 Vending Equipment Permit Requirement
A. All sidewalk and food truck vendors wishing to utilize a motorized vehicle or non-motorized
conveyance for vending, including but not limited to food trucks, carts, wagons, bicycles or any other
miscellaneous.conveyance, must obtain a vending equipment permit for each conveyance prior to use
on any public street, sidewalk or right-of-way. Permits shall be issued by the Finance Director or
designee, unless otherwise specified in the Carlsbad Municipal Code, including but not limited to section
11.32.030.
B. A vending equipment permit shall be valid for one calendar year from the date of issuance and
must be renewed annually. Permits may only be issued for one conveyance and shall not be sold,
assigned or transferred.
C. To obtain a vending equipment permit, an applicant must submit the following information on a
permit application form provided by the City's Finance Department:
1. The name, address and telephone number of the applicant and business owner;
2. Proof of valid, government-issued identification (i.e., driver's license, state identification
card, taxpayer identification number, social security card, birth certificate or passport);
3. Description of the type of motorized or non-motorized vehicle or conveyance to be
permitted, including license number, make, model, size, signage and design type;
4. The nature of every good, merchandise, food or beverage the applicant intends to sell
using the vehicle or non-motorized conveyance;
5. The proposed character, location, days, hours and route of vending operations;
6. Proof of insurance, as required by section 8.32.060 of this chapter;
7. Proof of a valid California Department of Tax and Fee Administration seller's permit that
notes the City of Carlsbad as a location or sub-location, which shall be maintained for the
duration of the vendor's permit;
February 19, 2019 Item #1 Page 6 of 14
8. Proof of a valid San Diego County Health Certificate and San Diego County Food
Handlers Card; and
9. Such other information as the City Manager or designee deems reasonably necessary to
administer this chapter.
D. Each vending equipment permit application shall be accompanied by a non-refundable permit
fee as established by resolution of the City Council.
8.32.040 Business License Requirement
A. All individuals engaged in vending on any City street, alley, highway, parking lot or right-of-way
subject to the provisions of this chapter are subject to the business license requirements contained in
chapters 5.04 and 5.08 of this code.
B. A City business license shall be prominently be displayed at all times on the vendor's person or
vending equipment during all vending activities.
8.32.050 Release and Indemnification Requirements
A. If the City issues a permittee a vending equipment permit, as a condition of such permit
issuance, permittee agrees to waive and release the City and its officers, agents, employees and
volunteers from and against any and all claims, costs, liabilities, expenses or judgments including
attorney's fees and court costs arising out of any vending activities or any illness or injury resulting
therefrom, and hereby agrees to indemnify and hold harmless the City from and against any and all such
claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from
gross negligence or willful misconduct on the part of the City or its employees.
B. If the City issues a permittee a vending equipment permit, as a condition of such permit
issuance, permittee further must acknowledge that the use of public property is at the sidewalk vendor
or food truck vendor's own risk, the City does not take any steps to ensure public property is safe or
conducive to the vending activities, and the vendor uses public property at their own risk.
8.32.060 Insurance Requirements
All sidewalk vendors and food truck vendors shall obtain and maintain throughout the duration of any
permit issued under this chapter any insurance required by the City's Risk Manager. All vendors must
provide evidence of any required insurance, including but not limited to commercial general liability
insurance, auto insurance and worker's compensation insurance, in a form and with a coverage amount
acceptable to the City's Risk Manager based on the size and risk factors of the business. With regard to
any commercial general liability insurance policy, the vendor shall name the City as an additional
insured, and with a coverage amount to be determined by the Risk Manager according to the size and
risk factors of the business. When determining the size of the business and the risk to customers and the
general public, the Risk Manager's estimates shall be determinative. The insurance policy required by
this section shall not be cancelled, limited or not renewed without 30 days' prior written notice to the
City.
February 19, 2019 Item #1 Page 7 of 14
8.32.070 Permit Denial and Revocation
A. Any false or misleading statements or information provided in a vending equipment permit
application shall be grounds for denial of the application and/or imposition of penalties as outlined in
accordance with this chapter.
B. A vending equipment permit application may be denied if the applicant has had a prior vending
equipment permit revoked within the past 36 calendar months for the same vending equipment.
C. A vending equipment permit may be revoked for any of the following reasons:
1. False information or facts supplied by the applicant upon which the issuance of the vending
equipment permit was based;
2. Failure of the applicant to promptly notify the City Manager or designee of any material
changes to the facts provided in a vending equipment permit application subsequent to the
issuance of a vending equipment permit, including but not limited to lapse of liability
insurance;
3. Failure of the applicant to comply with the regulations set forth in this chapter.
D. Revocation of a vending equipment permit shall be served in writing no less than 30 days before
revocation to the address listed on the initial application or to any subsequent address provided to the
City by the permittee.
E. Any applicant whose application for a vending equipment permit is denied or whose permit is
revoked may appeal such decision to the City Manager or designee by filing a written notice of appeal
within 10 calendar days after receipt of the notice of denial or revocation. The City Manager or designee
shall review and render a decision on the appeal within 90 calendar days. The decision made by the City
Manager or designee shall be final.
8.32.080 Sidewalk Vending Generally
A. Vending activities may occur between the hours of 8:00am and sunset in all residential zoned
areas and between the hours of 8:00am and 10:00pm in industrial and commercial zoned areas.
B. No sidewalk vending of any type shall take place to any individuals traveling within motor
vehicles along a public roadway.
C. A sidewalk vendor shall not vend on any exclusively residential street for longer than 60 minutes
at any given time.
D. No sidewalk vending of any kind shall take place in the following locations:
1. In the public right-of-way or any area that blocks pedestrian or vehicle access;
2. Any public property that does not meet the definition of a sidewalk, including but not limited to
any alley, beach, pier, square, street, street end or parking lot;
3. Within 50 feet of another sidewalk vendor;
4. Within 18 inches from the edge of a curb;
5. Any location that obstructs traffic signals or regulatory signs;
February 19, 2019 Item #1 Page 8 of 14
6. Within 15 feet of any intersection, driveway or building entrance, or within any space designed
for vehicular parking;
7. Within 15 feet of any fire hydrant or fire escape;
8. Within 100 feet of any vehicle entrance of any fire station, police department, hospital or any
other structure involved in health and safety emergency matters;
9. Within 15 feet of any loading zone, bus stop, parking space or access ramp designed for persons
with disabilities;
10. Within 10 feet of an outdoor dining or patio area;
11. Within 500 feet of a permitted special event or street fair;
12. Within one-half mile of a public school building or school grounds while children are going to or
from the school, during a recess period or within 30 minutes before or after the school's
opening or closing hours;
13. Within 500 feet of high-traffic landmarks and venues, as determined by the City Manager or
designee and published in an Administrative Order, which shall include justification that such
restrictions are directly related to objective health, safety or welfare concerns;
14. On any portion of the Carlsbad Village Sea Wall trail, which extends alongside Carlsbad
Boulevard and adjacent to the beach, between the cross streets of Pine Avenue and Tamarack
Avenue. This restriction on vending shall include both the upper and lower portions of the Sea
Wall trail.
E. Vending activities in public parks and recreational facilities must also comply with the following:
1. Vending within public parks or recreational facilities is allowed only upon or alongside
sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned
areas, vending shall not take place on sand, dirt, grass or on any space which would
obstruct, damage or otherwise adversely affect the public's use and enjoyment of natural
resources and recreational opportunities, or contribute to an undue concentration of
commercial activity that unreasonably interferes with the scenic and natural character of
the park.
2. Vending activities that adversely affect the health, safety and welfare of persons engaged in
active sports activities and spectators of active sports activities are prohibited.
3. Sidewalk vending activities lasting 10 minutes or longer in duration shall not be permitted
within any area of a public park if the park operator has signed an agreement for
concessions that exclusively permits the sale of food or merchandise by a specified
concessionaire.
4. A valid park and facility use permit or special event permit obtained pursuant to Carlsbad
Municipal Code section 11.32.030 may waive these requirements for limited engagements
or events.
February 19, 2019 Item #1 Page 9 of 14
8.32.090 Sidewalk Vending Equipment
A. Notwithstanding any specific requirements of this section, no sidewalk vendor shall use vending
equipment in such a way as to endanger the safety of person or property or to cause a public or private
nuisance, including but not limited to the use of an open flame.
B. All non-motorized vending equipment including push carts, wagons, pedal carts or bikes shall not
exceed six feet in length and four feet in width.
C. Vendors are responsible for ensuring that the 10-foot area immediately surrounding the vending
space is kept clean and free of trash and debris associated with their vending operation.
D. Vendors are forbidden from using sound-making devices in conjunction with vending, including
but not limited to loudspeakers, public address systems, bells, chimes or other noisemaking devices.
E. Vendors are forbidden from erecting freestanding structures adjacent to vending activities,
including but not limited to signs, umbrellas, ice chests, chairs, tables or benches.
F. No vending equipment shall be attached to or make contact with any utility pole, street sign, bus
stop, trash can, traffic pole or any other public structure.
G. No vending equipment or merchandise shall be left unaccompanied, stored, parked or left
overnight on a public street, alley, highway, parking lot, sidewalk or right-of-way at any time.
8.32.100 Food Truck Vending Requirements
A. Subject to the provisions in this chapter, a food truck vendor may sell or offer to sell
merchandise, food or beverages from a food truck only at the request of a bona fide purchaser and may
not park or stand for longer than 60 minutes on any public street, alley, highway, parking lot, sidewalk or
right-of-way.
B. Each food truck operator is subject to the business license requirements contained in chapters
5.04 and 5.08 of this code.
C. Each food truck used for vending must obtain a vending equipment permit pursuant to section
8.32.030 of this chapter.
D.
1.
2.
3.
4.
5.
6.
7.
8.
9.
A food truck vendor may not vend in the following locations:
At any location that obstructs traffic signals or regulatory signs;
Within 100 feet of another food truck vendor;
Within any street, alley, highway or public right-of-way with a posted speed limit greater than
25 miles per hour;
Within 100 feet of an intersection that contains a street, alley, highway or public right-of-way
with a posted speed limit greater than 25 miles per hour;
At any location that does not have an unobstructed view for 200 feet in both directions along
the street, alley, highway or public right-of-way.
Within 25 feet of any intersection, public driveway or building entrance.
Within 25 feet of any fire hydrant or fire escape;
Within 100 feet of any vehicle entrance of any fire station, police department, hospital or any
other structure involved in health and safety emergency matters;
Within 25 feet of an outdoor commercial dining or patio area;
February 19, 2019 Item #1 Page 10 of 14
10. Within 500 feet of a permitted special event or street fair;
11. Within one-half mile of a public school building or school grounds while children are going to or
from the school, during a recess period or within 30 minutes before or after the school's
opening or closing hours;
12. Within 500 feet of high-traffic landmarks and venues, as determined by the City Manager or
designee and published in an Administrative Order;
13. Along any portion of the Carlsbad Village Sea Wall trail, which extends alongside Carlsbad
Boulevard and adjacent to the beach, between the cross streets of Pine Avenue and Tamarack
Avenue.
E. Notwithstanding any specific requirements of this section, no vendor shall operate a food truck
in such a way as to endanger the safety of person or property or to cause a public or private nuisance.
F. All ice cream trucks must be equipped at all times with signs mounted on both the front and the
rear and clearly legible from a distance of 100 feet under daylight conditions, incorporating the words
"WARNING" and "CHILDREN CROSSING." Each sign shall be at least 12 inches high by 48 inches wide,
with letters of a dark color and at least four inches in height, a one-inch solid border and a sharply
contrasting background.
G. All food truck vendors are forbidden from using sound-making devices in conjunction with
vending, including but not limited to loudspeakers, public address systems, bells, chimes or other
noisemaking devices.
H. Except for Department of Transportation approved vehicle lights, no artificial lighting for, or
installed on, food trucks is permitted.
I. No freestanding structures may be attached to or erected adjacent to a food truck including, but
not limited to signs, umbrellas, ice chests, chairs, tables or benches.
J. Food truck vendors are responsible for ensuring that the 10-foot area immediately surrounding any
vending space is kept clean and free of trash and debris associated with the vending operation.
8.32.110 Penalties and Fines
A. Any violation of any of the provisions of this chapter by any individual holding a valid vending
equipment permit will constitute an infraction and shall be punished as follows:
1. An administrative citation and $100 penalty for a first violation.
2. An administrative citation and $200 penalty for a second violation.
3. An administrative citation and $500 penalty for a third and each subsequent violation.
B. Any person found vending without a valid vending equipment permit is punishable by the
following in lieu of the administrative fines set forth in subdivision (A):
1. An administrative fine of $250 for a first violation.
2. An administrative fine of $500 for a second violation within one year of the first violation.
3. An administrative fine of $1,000 for a third violation within one year of the first violation.
4. An administrative fine of $1,000 for each subsequent violation within one year of the first
violation and impoundment of vending equipment pursuant to Section 8.32.120 of this chapter.
February 19, 2019 Item #1 Page 11 of 14
5. Proof of a valid vending equipment permit issued by the City will result in a reduction of
administrative fines to the administrative fine schedule set forth in subdivision (A).
C. With regard to sidewalk vendors only: Failure to pay an administrative fine pursuant to
subdivisions (A) and (B) shall not be punishable as an infraction or misdemeanor; additional fines, fees,
assessments or any other financial conditions beyond those authorized in subdivisions (A) and (B) shall
not be assessed.
D. The issuance of four or more administrative citations or verifiable municipal code violations
concerning vending equipment permit requirements within a 12-month period shall result in revocation
of all vending equipment permits pursuant to this chapter.
E. Vending equipment permit revocation is subject to a 30-day prior written notice. A permittee
may appeal such decision to the City Manager or designee by filing a written notice of appeal within 10
calendar days after receipt of the notice of denial or revocation. The City Manager or designee shall
review and render a decision on the appeal within 90 calendar days. The decision made by the City
Manager or designee shall be final.
F. In the event a vending equipment permit is revoked, an application to reestablish any vending
equipment permit pursuant to this chapter shall not be accepted for a minimum period of 36 months
from the date the prior permit was revoked.
8.32.120 lmpoundment of Vending Equipment
A. In addition to the administrative fines taken pursuant to Section 8.32.120 above, any
enforcement officer, as defined in the Carlsbad Municipal Code section 1.10.010, may, upon an
individual's fourth or greater violation of this chapter, impound vehicles, vending equipment and any
perishable or non-perishable goods therein.
B. Any owner of impounded vehicles and/or vending equipment may, within 10 days, request an
administrative hearing before a hearing officer appointed by the City.
C. By 5:00pm on the next business day following impoundment, a violator will be contacted
regarding the details given in the impoundment citation. The equipment and/or vehicles will then be
released to the owner provided that proper proof of ownership is presented and the City receives
payment in full of all towing and administrative costs incurred as a result of the violation. Any unclaimed
items will be considered abandoned and forfeited to the City after 90 days following impoundment.
8.32.130 Sidewalk Cafes
Subject to the provisions of Title 21 of the Carlsbad Municipal Code, a business located in a commercial
zone may erect permanent dining and lounge areas on public sidewalks subject to the discretion of the
City. If permitted by the provisions of Title 21, a permanent structure, all or part of which is located on a
public street, sidewalk, parking lot or easement, may be used for the sale of goods or merchandise,
provided that all appropriate permits required by Titles 6, 11, 18 and 21 have been issued.
February 19, 2019 Item #1 Page 12 of 14
8.32.140 Sidewalk Sales
The City Manager or designee may, from time to time, issue temporary permits providing for the holding
of promotional sidewalk sales, subject to such restrictions as to length of time and other conditions as
the City Manager or designee deems reasonably necessary for the public health, safety and welfare.
8.32.150 Street Fairs
The City Manager or designee may from time to time issue temporary permits for street fairs subject to
such restrictions as to the length of time and other conditions as the City Manager or designee deems
reasonably necessary for the public health, safety and welfare.
8.32.160 Standing
Except as otherwise provided, enforcement of this chapter is at the sole discretion of the persons
authorized to enforce this chapter. Nothing in this chapter shall create a right of action in any person
against the City or its agents for damages or to compel public enforcement of this chapter against
private parties.
8.32.170 Severability
If any subsection, subdivision, clause, sentence, phrase or portion of this chapter is held
unconstitutional, invalid or unenforceable by any court or tribunal, the remaining subsections,
subdivisions, clauses, sentences, phrases or portions of this ordinance shall remain in full force and
effect.
8.32.180 Non-Applicability
The following persons, entities or activities are exempt from the requirements of this chapter:
A. Any vendor or person engaged solely in artistic performances, free speech and/or petitioning
activities;
B. Nonprofit educational institutions, fraternal and service clubs, bona fide religious organizations
and agencies of any federal, state or local governments;
C. Nonprofit private clubs where a basic membership fee covers the cost of the use of the facilities;
D. Community organizations/events not otherwise regulated by the Carlsbad Municipal Code, upon
approval of the City Manager or designee;
E. Businesses and trades that are exempt from licensing and tax regulations under federal and
state statutes;
F. Any organization, society, association or corporation desiring to solicit or have solicited in its
name money, donations of money or property or financial assistance of any kind or desiring to
sell or distribute any item of literature or merchandise to persons other than members of such
organization upon the streets, in office or business buildings, by house-to-house canvass or in
public places for charitable, religious, patriotic or philanthropic purpose exclusively.
February 19, 2019 Item #1 Page 13 of 14
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 12th day
of February 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of February 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
{SEAL)
February 19, 2019 Item #1 Page 14 of 14