OPERATING REGULATIONS AND PERMIT AND LICENSE CONDITIONS

SJ-MC tit. 6, ch. 6.54, pt. 3

in effect

San José Municipal Code § 6.54.200 Conditions of permit.

6.54.200 - Conditions of permit. A. Each peddler business permit and peddler employee license issued by the chief of police shall be subject to the terms and conditions set forth in this part, as well as any other conditions specifically set forth in the permit or license. B. The provisions of this part shall constitute operating regulations. It shall be unlawful for any person permitted or licensed under this chapter, or any person required to be permitted or licensed under this chapter, whether such person is actually so permitted or licensed, to engage in peddling in violation of these provisions. (Ords. 25115, 28534.)

San José Municipal Code § 6.54.205 Hours of business.

6.54.205 - Hours of business. A. Peddling shall only be permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows: 1. In residential areas, Peddling shall only be permitted between the hours of 9:00 a.m. and 5:00 p.m., Pacific Standard Time, and between the hours of 9:00 a.m. and 7:00 p.m., Pacific Daylight Savings Time. 2. In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street. 3. In Park areas, Peddling shall be permitted only during hours the Park is open to the public. B. The provisions of this section shall not apply to the sale of foodstuffs to employees of industrial establishments at or adjacent to such establishments, or to workers or employees at any construction job site, if the foodstuffs sold to such persons are sold for immediate consumption at such places. (Ords. 25150, 28534, 30319.)

San José Municipal Code § 6.54.210 ID display requirements.

6.54.210 - ID display requirements. Each person who is engaged in peddling shall, at all times while so engaged, wear in plain sight, on his or her person an identification (ID) card, provided by the chief of police and containing such information, including a suitable photograph, as the chief of police may require. (Ords. 25115, 28534.)

San José Municipal Code § 6.54.215 General operating requirements.

6.54.215 - General operating requirements. Peddlers shall comply with the following: A. No Peddlers shall peddle in the following locations: 1. Within 500 feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special event permit issued pursuant to Chapter 13.14 of this Code. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special event permit; 2. Within 500 feet of a public or private school site during school hours, and not within one hour before or one hour after school drop off and pick up operations; 3. Within 500 feet of: 1) the San José Arena, currently known as SAP Center at San José, on event days; 2) the stadium located on Coleman Avenue, currently known as Paypal Park, on event days; 3) San José Municipal Stadium, currently known as Excite Ballpark Home of the San José Giants, on event days; 4) San José McEnery Convention Center on event days; and 5) any other venue as determined by the City Manager and published in the regulations promulgated pursuant to Section 6.54.265; 4. In any City-owned parking lot; or 5. On private property without the consent of the property owner. B. No Peddler shall conduct activities in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Peddlers must at all times provide a clearance of not less than three (3) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices. C. Peddlers shall provide a trash receptacle for customers and ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk peddler shall pick up, remove, and dispose of all trash generated by the Peddling operations or the Peddler's customers within a fifteen (15) foot radius of the Peddling location. D. Peddlers of food or food products shall possess and display in plain view a valid permit from the Santa Clara County Department of Environmental Health. E. Peddlers shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal). F. Mobile Units shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, bollards, or other objects within the public right-of-way. No Mobile Unit shall become a permanent fixture on any site or be considered an improvement to real property. A Mobile unit and any equipment, goods, wares, merchandise, food, products, or any other thing or representation of value associated with a mobile unit shall not be left unattended at any time. Peddlers shall not utilize any structure in the right-of-way as an extension of the mobile unit. (Ords. 30319; 31183.)

San José Municipal Code § 6.54.220 General noise requirements.

6.54.220 - General noise requirements. A. Unless otherwise specifically excepted in this chapter, no peddler shall use, play or cause to be used or played any amplifier, loudspeaker, or any other instrument or device used for the production of sound between the hours of 7:00 p.m. or one-half hour after sunset, whichever comes first, and 10:00 a.m. of the following day. B. No peddler shall use, play or cause to be used or played any amplifier, loudspeaker, or any other instrument or device used for the production of sound in such a manner as to create a disturbance of the peace as that term is used in Chapter 10.16 of this code. (Ords. 25115, 28534.)

San José Municipal Code § 6.54.230 Noise restrictions - Motor vehicle-based and mobile unit peddlers.

6.54.230 - Noise restrictions - Motor vehicle-based and mobile unit peddlers. Unless otherwise specifically excepted in this Chapter, no motor vehicle-based peddler or mobile unit peddler shall use, play, or caused to be used or played any amplifier, loudspeaker, or any other instrument or device used for the production of sound when the motor vehicle or mobile unit from which the peddler is peddling is stationary upon any street, sidewalk, right-of-way, park or other public place. (Ords. 25115, 28534.)

San José Municipal Code § 6.54.240 Parking restrictions - Motor vehicle-based and mobile unit peddlers.

6.54.240 - Parking restrictions - Motor vehicle-based and mobile unit peddlers. A. It shall be unlawful for any motor vehicle-based or mobile unit peddler to: 1. Permit any motor vehicle or mobile unit from which peddling is occurring to remain standing or stopped, for peddling purposes, at any place on any public street, sidewalk, right-of-way, public place or at any location within five hundred feet of that place, for a total period of time exceeding fifteen minutes within any two-hour period. 2. Make any stop, for the purpose of making any sale upon any public street, sidewalk, right-of-way, park, or other public place, within five hundred feet, measured along the traveled way of any public street or streets, of any school property. B. Unless otherwise specifically excepted in this chapter, it shall be unlawful for any motor vehicle-based or mobile unit peddler to peddle from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle or mobile unit which is nearest to the curb of such street. C. The provisions of this section shall not apply to the sale of foodstuffs to employees of industrial establishments at or adjacent to such establishments, or to workers or employees at any construction job site, if the foodstuffs sold to such persons are sold for immediate consumption at such places. (Ords. 25115, 28534.)

San José Municipal Code § 6.54.250 Congestion Restrictions for Peddlers.

6.54.250 - Congestion Restrictions for Peddlers. A. No mobile unit peddler shall stop to peddle within twenty-five (25) feet of any other approved location peddler or mobile unit peddler that has already stopped to peddle. B. No motor vehicle-based peddler shall stop to peddle from a motor vehicle within two hundred (200) feet of another motor vehicle-based peddler that has already stopped to peddle. (Ords. 25115, 28534, 30319.)

San José Municipal Code § 6.54.255 Effect of approved location permit - No property interest granted.

6.54.255 - Effect of approved location permit - No property interest granted. An approved location permit grants the permittee the privilege of occupying a particular portion of the public sidewalk for the purpose of conducting the approved peddler business. An approved location permit does not grant the permittee any estate or other property right or interest to operate at the location for which the permit is issued and/or to operate at any location in the public street. Any person applying for an approved location permit should have no expectation that an approved location permit will be granted, nor that the approved location permit will continue once issued. (Ord. 28534.)

San José Municipal Code § 6.54.260 Approved location permit terms and conditions.

6.54.260 - Approved location permit terms and conditions. An approved location permit to peddle may be issued by the chief of police under the following terms and conditions: A. The person requesting an approved location permit shall comply with all the permit and license procedures set forth in Chapter 6.02. B. If more than one application is received at the same time for the same location not currently occupied by a permittee, the successful applicant shall be drawn by lot. C. Each application for an approved location permit shall be accompanied by a site plan which shall specifically detail how and where the applicant proposes to set up the mobile unit from which the applicant intends to peddle. D. If issued, an approved location permit shall grant only a license to use the sidewalk portion of the public street identified in the approved location permit. E. The chief of police shall make approved location permits subject to such other terms and conditions as the chief of police deems necessary to promote the public health, safety and welfare and to promote vehicular traffic safety and convenience and pedestrian safety and convenience. F. Permits shall be issued only for particular approved locations situated on the sidewalk portion of a public street. G. Approved location permits may be issued only for locations that are in compliance with the regulations issued by the city manager. H. If an approved location permit is issued for an area located within the downtown street vendors program area, the approved location permit may include an alternate approved location for the applicant to peddle from during the time when the applicant is not able to peddle from the original and primary approved location due to a downtown special event, as defined in Chapter 6.55 of this Code. I. If an approved location permit is issued for an area located within the downtown street vendors program area and the applicant desires to have an alternate location approved as part of his or her approved location permit, the applicant must submit with his or her application a site plan for the alternate location. J. No approved location permit shall be issued to a peddler peddling from a motor vehicle. K. No person shall peddle from, at, or in conjunction with a mobile unit, except at the approved location for which that person, or the business for which he or she is peddling, has an approved location permit issued by the chief of police. L. No person shall peddle from a mobile unit that exceeds the dimensions permitted under the regulations issued by the city manager. M. No person shall use or have any equipment or device at any approved location other than the permitted mobile unit, unless permitted under the regulations issued by the city manager. N. Under no circumstances shall a person with an approved location permit block the free movement of pedestrians along the sidewalk and the clearance around the mobile unit, and any equipment must meet the minimum clearance requirements under the Americans with Disabilities Act, the regulations issued by the city manager, and any other legal requirement. O. A person operating with an approved location permit at the approved location shall park or locate any mobile unit in such a way that the mobile unit is located directly within the area described in the permit under which he or she is peddling, and in such a way as to use as little of the sidewalk as possible. P. Approved location permits shall not be sold, assigned or transferred and any attempt to sell, assign or transfer, or any sale, assignment or transfer of, any approved location permit shall render the permit null and void. Q. An approved location permit shall cover the permittee to whom the permit is issued and any of the permittee's agents or employees that have obtained a valid peddler employee license from the chief of police. R. No person shall peddle from an approved location beyond the hours of operation permitted under the regulations issued by the city manager. S. No person peddling from an approved location shall allow any mobile unit to remain at the approved location beyond the hours of operation permitted under the regulations issued by the city manager. T. No person peddling from an approved location shall use, play or cause to be used or played any amplifier, loudspeaker, or any other instrument or device used for the production of sound beyond the hours of operation permitted under the regulations issued by the city manager. U. No person peddling from an approved location shall use, play or cause to be used or played any amplifier, loudspeaker, or any other instrument or device used for the production of sound in such a manner as to create a disturbance of the peace as that term is used in Chapter 10.16 of this Code. V. Approved Location Permits shall not be issued for locations that are zoned exclusively residential and no person Peddling from an Approved Location shall sell in areas that are zoned exclusively residential. W. Approved Location Permits shall not be issued for locations that are within any Park where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire. (Ords. 25115, 28534, 29253, 30319.)

San José Municipal Code § 6.54.265 Regulations for peddler permits - City manager.

6.54.265 - Regulations for peddler permits - City manager. A. Consistent with the city's Downtown Strategy 2040 and the city's general plan, the city manager is hereby authorized to make and promulgate time, place and manner regulations that are 1) directly related to objective health, safety and welfare concerns; 2) necessary to ensure the public's use and enjoyment of natural resources and recreational opportunities; or 3) necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of a park. These regulations shall be in addition to the requirements set forth in this chapter. B. All regulations established by the city manager shall be set forth in specific regulations for peddlers which shall be adopted by the city manager as follows: 1. Any proposed regulations shall be coordinated by the city manager with the chief of police; the director for the department of transportation; the office of economic development; the director of parks, recreation, and neighborhood services; and the city attorney. 2. Any proposed regulations shall be posted on the city clerk's website and made available for inspection and copying by the public at the office of the city clerk during normal business hours. 3. A copy of any proposed regulations shall also be mailed to each holder of a permit or license issued under this chapter. 4. A thirty-day public comment period to receive comments on the proposed regulations shall commence on the date the notice of the proposed regulations is sent to those permitted or licensed under this chapter. During the comment period, any person may submit written comments regarding the proposed regulations to the city manager. 5. After the close of the public comment period, the city manager shall consider all reasonable public comments on the proposed regulations. 6. After the city manager has considered the comments, the city manager shall approve the final regulations. 7. The regulations approved by the city manager shall be contained in regulations for peddlers which shall become final on the date notice of the regulations is sent to those permitted and licensed under this chapter or the date the regulations are posted on the city clerk's website, whichever occurs last. 8. The notice of the regulations shall be accompanied by a brief written statement from the city manager setting forth the reasons for the regulations. C. Any regulations adopted by the city manager may be amended by following the procedure outlined in subsection B of this subsection. D. All regulations adopted by the city manager shall have the same force and effect of law. (Ords. 28534, 29253, 30319; 31183.)

San José Municipal Code § 6.54.270 Waiver and release of liability, indemnification and hold harmless, and acknowledgment of risk.

6.54.270 - Waiver and release of liability, indemnification and hold harmless, and acknowledgment of risk. A. If the City issues a peddler business permit, as a condition of such permit issuance, permittee agrees to waive and release the City and its officers, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgments including attorney fees and court costs arising out of any peddling activities or any illness or injury resulting therefrom, and shall agree to indemnify and hold harmless the City, its officers, agents, employees, contractors, and volunteers 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, its officers, agents, employees, contractors and volunteers. B. If the City issues a peddler business permit, as a condition of such permit issuance, permittee shall acknowledge that the use of any sidewalk is at the sidewalk permittee's own risk and the City will not take any steps to ensure any sidewalk is safe or conducive to the peddling activities. (Ord. 31183.)

San José Municipal Code § 6.54.280 Exemption for annual or special events.

6.54.280 - Exemption for annual or special events. A. Peddlers shall be exempt from the provisions of this chapter when participating in an event under the following circumstances: 1. While such peddlers are participating in an event subject to a special event permit issued pursuant to Chapter 13.14 of this Code, including, but not limited to, a parade, street closure, paseo/plaza use permit, or Park special use permit. 2. While such peddlers are participating in an event declared to be a downtown special event pursuant to Chapter 6.55 of the code. B. The sponsoring organization is authorized to choose participating peddlers, issue space permits to such peddlers, and charge a reasonable fee for such business participation. C. The exemption shall be for the duration of the event only. (Ords. 25115, 28534, 30319.)

San José Municipal Code § 6.54.290 Reserved.

San José Municipal Code § 6.54.295 Reserved.

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6.54PEPEOR_PT3OPREPELICOFetched: 11/1/2026