§ 36.0108 — Sidewalk Vending Equipment and Goods

§36.0108 Sidewalk Vending Equipment and Goods

(a) Notwithstanding any specific provisions of this Division, a sidewalk vendor shall not use vending equipment in a manner that violates any law by endangering the safety of person or property or causing a public or private nuisance. (b) Sidewalk vendors shall not: (1) display goods less than 28 inches or more than 34 inches off the ground; (2) occupy a space exceeding 24 square feet, greater than 8 feet in length, or 4 feet in width including vending equipment, but excluding the space the sidewalk vendor’s own person occupies; (3) use or display any item, equipment, or structure greater than 8 feet in height or extends or overhangs more than 4 inches, unless the protrusion is located 27 inches or less, or 80 inches or more from the ground; (4) use amplified sound-making devices in conjunction with vending, such as speakers, microphones, and public address systems; and (5) set up customer seating areas. (i) Sidewalk vendors may only have a chair for personal use. (ii) Sidewalk vendors that do not serve food or beverages may use tables only for vending purposes, such as conducting transactions or displaying goods for sale. (iii) Sidewalk vendors that serve food or beverages must conduct all vending from a permitted conveyance in accordance with their health permit from the County Department of Environmental Health and Quality. (c) No vending equipment may be attached to or make contact with any utility pole, street sign, bus stop, trash can, traffic pole, or other public structure. (d) Sidewalk vendors shall not use: (1) portable generators; (2) outdoor wood burning ovens or charcoal barbecues; and (3) gasoline or kerosene. (e) Roaming sidewalk vendors shall not use any portable cooking equipment, gas-fueled appliance, or any open flame unless approved and permitted by the County Department of Environmental Health and Quality. (f) Notwithstanding subsection (d), stationary sidewalk vendors with required permits from the County Department of Environmental Health and Quality such as a Mobile Food Facilities permit may use portable cooking equipment authorized by such permits in compliance with the California Retail Food Code and subject to the following regulations: (1) While the portable cooking equipment is in operation: (A) It must be kept at least 20 feet from any permanent structure and at least 30 feet from dry grass, grain, brush, or forested area; (B) It must not be unattended; and (C) The stationary sidewalk vendor shall not smoke or vape. (2) The stationary sidewalk vendor must regularly clean the portable cooking equipment to remove grease and food buildup. (3) The stationary sidewalk vendor shall: (A) use only propane, natural gas, or butane cylinder tanks; (B) use or store only propane, natural gas, or butane tanks of 20 gallons or less, with a limit of two 20-gallon tanks on a conveyance; (C) store tanks in an upright position during use and positioned in such a way as to prevent falling, tipping, and tampering; (D) disconnect all tanks while the conveyance is in transit or not in use; (E) use only tanks with a shut-off valve and a pressure regulator, having hoses of a type approved for use by the manufacturer with the equipment; and (F) test all connections to the tank for potential leaks using soap and water before each use. (4) Any conveyance that stores a tank shall have two ventilation openings on opposite sides at the cylinder valve level and at least one ventilation opening at the floor level. Each opening shall be a minimum of 10 square inches, screened with a minimum 16 mesh and shall vent to the exterior of the conveyance. (5) Stationary sidewalk vendors shall comply with the following fire extinguisher requirements: (A) Keep an easily accessible, properly charged and maintained 10 BC-rated fire extinguisher on the conveyance at all times and be familiar with its proper use. Stationary sidewalk vendors shall ensure the extinguisher has been serviced within the last year and has a valid California State Fire Marshal service tag attached; (B) Mount the extinguisher securely to the vending equipment; and (C) Locate the extinguisher away from the cooking area.

(“Sidewalk Vending Equipment and Goods” added 5-23-2022 by O-21459 N.S.; effective 6-22-2022.) (Amended 2-28-2024 by O-21775 N.S.; effective 3-29-2024.)