HomeMy WebLinkAbout2018-05-22 - AGENDA REPORTS - SENATE BILL 946 (2)O
Agenda Item: 5
CITY OF SANTA CLARITA
' AGENDA REPORT
CONSENT CALENDAR
t,
CITY MANAGER APPROVAL: �1
DATE: May 22, 2018
SUBJECT: STATE LEGISLATION: SENATE BILL 946
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the Legislative Committee's recommendation to oppose Senate Bill 946 and
transmit position statements to Senator Ricardo Lara, Santa Clarita's state legislative delegation,
appropriate legislative committees, Governor Brown, and the League of California Cities.
BACKGROUND
Authored by Senator Ricardo Lara (D -33 -Long Beach), Senate Bill 946 preempts local authority
related to sidewalk vendors. For the purposes of this staff summary, a sidewalk vendor is anyone
who sells food or merchandise from a pushcart, stand, display, pedal -driven cart, or other non -
motorized conveyance upon a sidewalk or other pedestrian path.
Specifically, this bill:
Requires a local authority to adopt a sidewalk vending licensing program, which can
include:
a. Requiring the sidewalk vendor to possess a valid business license; and
b. Requiring the sidewalk vendor to possess a valid California Department of Tax
and Fee Administration seller's permit.
2. Requires that sidewalk vendors adhere to the California Health and Safety Code.
3. Requires a local authority's licensing program to follow specific standards, including:
a. The location of a licensed sidewalk vendor may not be restricted unless the
restriction is directly related to objective health, safety, or welfare concerns;
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b. The overall number of sidewalk vendor licenses issued may not be restricted
unless the restriction is directly related to objective health, safety, or welfare
concerns, based on the California Retail Food Code and the local enforcement
agency; and
c. Sidewalk vendors may not be prohibited from selling food or merchandise in a
public park. This would restrict the City from prohibiting sidewalk vendors to
operate at any public park and would allow for sidewalk vendors to sell food and
merchandise during events at public parks including the City's Concert in the
Park series.
4. Authorizes a local authority to adopt, by ordinance or resolution, additional requirements
regulating the time, place, and manner of sidewalk vending, as long as it does not conflict
with the standards established in this bill.
Unless authorized through a City of Santa Clarita (City) issuance of a temporary, special, or
conditional use or event permit, the City currently prohibits street vendors in any public right-of-
way. Section 11.37 of the Santa Clarita Municipal Code outlines regulations related to sidewalk
vendors. This bill would preempt the City's local ordinance related to street vendors and would
require the City to adopt a sidewalk vending licensing system that would permit sidewalk
vendors in the public right-of-way and public parks.
The City Council Legislative Committee met on May 8, 2018, and recommends that the City
Council adopt an "oppose" position for Senate Bill 946.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Senate Bill 946
2. Adopt a "support" position on Senate Bill 946
3. Take no action on Senate Bill 946
4. Refer Senate Bill 946 back to the Legislative Committee
5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2017-18 budget.
ATTACHMENTS
SB 946 - Bill Text
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AMENDED 1N SENATE APRIL 24, 2018
AMENDED IN SENATE APRIL 11, 2018
SENATE BILL
No. 946
Introduced by Senator Lara
(Coauthors: Assembly Members Eduardo Garcia and McCarty)
January 29, 2018
An act to add Chapter 6.2 (commencing with Section 51036) to Part
1 of Division 1 of Title 5 of the Government Code, relating to sidewalk
vendors.
LEGISLATIVE COUNSEL'S DIGEST
SB 946, as amended, Lara. Sidewalk vendors.
Existing law authorizes a local authority, by ordinance or resolution,
to adopt requirements for the public safety regulating any type of
vending and the time, place, and manner of vending from a vehicle
upon a street.
This bill would prohibit a local authority, as defined, from regulating
sidewalk vendors, except in accordance with the provisions of the bill.
The bill would provide that a local authority is not required to adopt a
new program to regulate sidewalk vendors if the local authority has
established an existing program that substantially complies with the
provisions of the bill. The bill would apply these provisions to a
chartered or general law city, county, or city and county.
The bill would require a local authority that elects to adopt a sidewalk
vending program to, among other things, not require a sidewalk vendor
to operate within specific parts of the public right-of-way, except where
that restriction is directly related to objective health, safety, or welfare
concerns, and not restrict sidewalk vendors to operate only in a
designated neighborhood or area, except as specified. The bill would
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SB 946 —2—
authorize
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authorize a local authority to, by ordinance or resolution, adopt
additional requirements regulating the time and manner of sidewalk
vending, as specified. The bill would prohibit a person from operating
as a sidewalk vendor in violation of, or a sidewalk vendor from violating,
a local authority's sidewalk vending program, as specified. A violation
would be punishable only by an administrative fine, as specified,
pursuant to an ability -to -pay determination, and proceeds would be
deposited in the treasury of the local authority.
The bill would require the dismissal of any criminal prosecutions
under any local ordinance or resolution regulating or prohibiting
sidewalk vendors that have not reached final judgment. The bill would
also authorize a person who is currently serving, or who completed, a
sentence, or who is subject to a fine, for a conviction of a misdemeanor
or infraction for sidewalk vending, as specified, to petition for dismissal
of the sentence, fine, or conviction.
Existing constitutional provisions require that a statute that limits the
right of access to the meetings of public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the
interest protected by the limitation and the need for protecting that
interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. (a) The Legislature finds and declares all of the
2 following:
3 (1) Sidewalk vending provides important entrepreneurship and
4 economic development opportunities to low-income and immigrant
5 communities.
6 (2) Sidewalk vending increases access to desired goods, such
7 as culturally significant food and merchandise.
8 (3) Sidewalk vending contributes to a safe and dynamic public
9 space.
10 (4) The safety and welfare of the general public is promoted by
11 encouraging local authorities to support and properly regulate
12 sidewalk vending.
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1 (5) The safety and welfare of the general public is promoted by
2 prohibiting criminal penalties for violations of sidewalk vending
3 ordinances and regulations.
4 (6) This act applies to any city or county or city and county,
5 including aehartered eity or ehartered eounty. charter city. The
6 criminalization of small business entrepreneurs, and the challenges
7 that those entrepreneurs face as a result of a criminal record, are
8 matters of statewide concern. Further, unnecessary barriers have
9 been erected blocking aspiring entrepreneurs from accessing the
10 formal economy, harming California's economy in the process,
11 and disrupting the regulation of business, which is a matter of
12 statewide concern. Moreover, California has an interest in the
13 regulation of traffic, a matter of statewide concern, whether in
14 ensuring the appropriate flow of traffic or in ensuring the safety
15 of pedestrians on the road or the sidewalk.
16 (b) It is the intent of the Legislature to promote entrepreneurship
17 and support immigrant and low-income communities.
18 SEC. 2. Chapter 6.2 (commencing with Section 51036) is added
19 to Part 1 of Division 1 of Title 5 of the Government Code, to read:
20
21 CHAPTER 6.2. SIDEWALK VENDORS
22
23 51036. For purposes of this chapter, the following definitions
24 apply:
25 (a) "Sidewalk " vendor" means a person who sells food
26 or merchandise from a pushcart, stand, display, pedal -driven cart,
27 wagon, showcase, rack, or other nonmotorized conveyance, or
28 from one's person, upon a public sidewalk or other pedestrian
29 path.
30 (b) "Roaming sidewalk vendor" means a sidewalk vendor who
31 moves from place to place and stops only to complete a transaction.
32 (c) "Stationary sidewalk vendor" means a sidewalk vendor who
33 vends from a fixed location.
34 (d) "Local authority" means a chartered or general law city,
35 county, or city and county.
36 51037. (a) A local authority shall not regulate sidewalk vendors
37 except in accordance with Sections 51038 and 51039.
38 (b) Nothing in this chapter shall be construed to affect the
39 applicability of Part 7 (commencing with Section 113700) of
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I
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1 Division 104 of the Health and Safety Code to a sidewalk vendor
2 who sells food.
3 (c) Nothing in this chapter shall be construed to require a local
4 authority to adopt a new program to regulate sidewalk vendors if
5 the local authority has established an existing program that
6 substantially complies with the requirements in this chapter.
7 51038. (a) A local authority may adopt a program to regulate
8 sidewalk vendors in compliance with this section.
9 (b) A local authority's sidewalk vending program shall comply
10 with all of the following standards:
11 (1) A local authority shall not require a sidewalk vendor to
12 operate within specific parts of the public right-of-way, except
13 where that restriction is directly related to objective health, safety,
14 or welfare concerns. For purposes of this paragraph, perceived
15 community animus or economic competition does not constitute
16 an objective health, safety, or welfare concern.
17 (2) A local authority shall not prohibit a sidewalk vendor from
18 selling food or merchandise in a park owned or operated by the
19 local authority, except the local authority may prohibit stationary
20 sidewalk vendors from vending in the park only if the operator of
21 the park has signed an agreement for concessions that exclusively
22 permits the sale of food or merchandise by the concessionaire.
23 (3) A local authority shall not require a sidewalk vendor to first
24 obtain the consent or approval of any nongovernmental entity or
25 individual before he or she can sell food or merchandise.
26 (4) (A) A local authority shall not restrict sidewalk vendors to
27 operate only in a designated neighborhood or area, except where
28 that restriction is directly related to objective health, safety, or
29 welfare concerns.
30 (B) Notwithstanding subparagraph (A), a local authority may
31 prohibit stationary sidewalk vendors in areas where commercial
32 uses are not a permitted use, but shall not prohibit roaming
33 sidewalk vendors.
34 (5) A local authority shall not restrict the overall number of
35 sidewalk vendors, unless the restriction is directly related to
36 objective health, safety, or welfare concerns.
37 (c) A local authority may, by ordinance or resolution, adopt
38 additional requirements regulating the time and manner of sidewalk
39 vending, including, but not limited to, any of the following:
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1 (1) Limitations on hours of operation that are not unduly
2 restrictive. In nonresidential areas, any limitations on the hours of
3 operation for sidewalk vending shall not be more restrictive than
4 any limitations on hours of operation imposed on other businesses
5 or uses on the same street.
6 (2) Requirements to maintain sanitary conditions.
7 (3) Requiring the sidewalk vendor to possess a valid business
8 license, provided that the local authority issuing the business
9 license accepts a California driver's license or identification
10 number, an individual taxpayer identification number, or a
11 municipal identification number in lieu of a social security number
12 if the local authority otherwise requires a social security number
13 for the issuance of a business license, and that the number collected
14 shall not be available to the public for inspection, is confidential,
15 and shall not be disclosed except as required to administer the
16 licensure program or comply with a state law or state or federal
17 court order.
18 (4) Requiring the sidewalk vendor to possess a valid California
19 Department of Tax and Fee Administration seller's permit.
20 (5) Requiring additional licenses from other state or local
21 agencies to the extent required by law.
22 (6) Requiring compliance with other generally applicable laws.
23 (7) Requiring a sidewalk vendor to submit information on his
24 or her operations, including, but not limited to, any of the
25 following:
26 (A) The name and address of the sidewalk vendor.
27 (B) A description of the merchandise offered for sale or
28 exchange.
29 (C) A certification by the vendor that to his or her knowledge
30 and belief, the information contained on the form is true.
31 (D) The California seller's permit number (State Board o
32 Emmen (California Department of Tax and Fee
33 Administration sales tax number), if any, of the sidewalk vendor.
34 (E) If the sidewalk vendor is an agent of an individual, company,
35 partnership, or corporation, the name and business address of the
36 principal.
37 51039. (a) A person shall not operate as a sidewalk vendor in
38 violation of a program adopted by a local authority if that local
39 authority has adopted a sidewalk vending program that complies
40 with Section 51038.
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1 (b) A sidewalk vendor shall not violate the terms of a local
2 authority's sidewalk vending program that complies with Section
3 51038.
4 (c) (1) A violation of subdivision (a) or (b) is punishable only
5 by the following:
6 (A) An administrative fine not exceeding one hundred dollars
7 ($100) for a first violation.
8 (B) An administrative fine not exceeding two hundred dollars
9 ($200) for a second violation within one year of the first violation.
10 (C) An administrative fine not exceeding five hundred dollars
11 ($500) for each additional violation within one year of the first
12 violation.
13 (2) A local authority may rescind a permit issued to a sidewalk
14 vendor for the term of that permit upon the fourth violation or
15 subsequent violations of subdivision (a) or (b).
16 (d) The proceeds of an administrative fine assessed pursuant to
17 subdivision (c) shall be deposited in the treasury of the local
18 authority.
19 (e) Failure to pay an administrative fine pursuant to subdivision
20 (c) shall not be punishable as an infraction or misdemeanor.
21 Additional fines, fees, assessments, or any other financial
22 conditions beyond those authorized in subdivision (c) shall not be
23 assessed.
24 (f) (1) A violation of subdivision (a) or (b), or a violation of
25 any rules or regulations adopted prior to January 1, 2019, that
26 regulate or prohibit sidewalk vendors in the jurisdiction of a local
27 authority that has not adopted a sidewalk vending program pursuant
28 to Section 51038, shall not be punishable as an infraction or
29 misdemeanor, and the person alleged to have violated any of those
30 provisions shall not be subject to arrest except where permitted
31 under law.
32 (2) Notwithstanding any other law, paragraph (1) shall apply
33 to all pending criminal prosecutions under any local ordinance or
34 resolution regulating or prohibiting sidewalk vendors. Any of those
35 criminal prosecutions that have not reached final judgment shall
36 be dismissed.
37 (g) A local authority that has not adopted rules or regulations
38 by ordinance or resolution that comply with Section 51037 shall
39 not cite, fine, or prosecute a sidewalk vendor for a violation of any
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I rule or regulation that is inconsistent with the standards described
2 in subdivision (b) Section 51038.
3 (h) (1) When assessing an administrative fine pursuant to
4 subdivision (c), the adjudicator shall take into consideration the
5 person's ability to pay the fine. The local authority shall provide
6 the person with notice of his or her right to request an ability -to -pay
7 determination and shall make available instructions or other
8 materials for requesting an ability -to -pay determination. The person
9 may request an ability -to -pay determination at adjudication or
10 while the judgment remains unpaid, including when a case is
11 delinquent or has been referred to a comprehensive collection
12 program.
13 (2) If the person meets the criteria described in subdivision (a)
14 or (b) of Section 68632, the local authority shall accept, in full
15 satisfaction, 20 percent of the administrative fine imposed pursuant
16 to subdivision (c).
17 (3) The local authority may allow the person to complete
18 community service in lieu of paying the total administrative fine,
19 may waive the administrative fine, or may offer an alternative
20 disposition.
21 (i) (1) A person who is currently serving, or who completed, a
22 sentence, or who is subject to a fine, for a conviction of a
23 misdemeanor or infraction for sidewalk vending, whether by trial
24 or by open or negotiated plea, who would not have been guilty of
25 that offense under the act that added this section had that act been
26 in effect at the time of the offense, may petition for dismissal of
27 the sentence, fine, or conviction before the trial court that entered
28 the judgment of conviction in his or her case.
29 (2) Upon receiving a petition under paragraph (1), the court
30 shall presume the petitioner satisfies the criteria in paragraph (1)
31 unless the parry opposing the petition proves by clear and
32 convincing evidence that the petitioner does not satisfy the criteria.
33 If the petitioner satisfies the criteria in paragraph (1), the court
34 shall grant the petition to dismiss the sentence or fine, if applicable,
35 and dismiss and seal the conviction, because the sentence, fine,
36 and conviction are legally invalid.
37 (3) Unless requested by the petitioner, no hearing is necessary
38 to grant or deny a petition filed under paragraph (1).
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1 (4) If the court that originally sentenced or imposed a fine on
2 the petitioner is not available, the presiding judge shall designate
3 another judge to rule on the petition.
4 (5) Nothing in this subdivision is intended to diminish or
5 abrogate any rights or remedies otherwise available to the
6 petitioner.
7 (6) Nothing in this subdivision or related provisions is intended
8 to diminish or abrogate the finality of judgments in any case not
9 falling within the purview of this chapter.
10 SEC. 3. The Legislature finds and declares that Section 2 of
11 this act, which adds Section 51038 to the Government Code,
12 imposes a limitation on the public's right of access to the meetings
13 of public bodies or the writings of public officials and agencies
14 within the meaning of Section 3 of Article I of the California
15 Constitution. Pursuant to that constitutional provision, the
16 Legislature makes the following findings to demonstrate the interest
17 protected by this limitation and the need for protecting that interest:
18 The Legislature finds and declares that in order to protect the
19 privacy of a sidewalk vendor with regard to his or her California
20 driver's license or identification number, individual taxpayer
21 identification number, or municipal identification number, when
22 that number is collected in lieu of a social security number for
23 purposes of the issuance of a business license, it is necessary that
24 the sidewalk vendor's number be confidential, except as provided
25 in this act.
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