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HomeMy WebLinkAboutOrdinance 634 Sidewalk VendingORDINANCE NO. 634 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CREATING A PROGRAM TO REGULATE AND PERMIT SIDEWALK VENDING PURSUANT TO CALIFORNIA SENATE BILL 946 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is a unique community that takes pride in its community character, and WHEREAS, on September 17, 2018, California Governor Edmund Gerald Brown signed Senate Bill ("SB") 946 into law, which regulates sidewalk vendors throughout the state including within the City of Morro Bay; and WHEREAS, SB 946 took effect January 1, 2019, and limits the authority of the City to regulate sidewalk vendors, except as provided under California Government Code Sections 51038 and 51039 and WHEREAS, the existing provisions in the Morro Bay Municipal Code regulating sidewalk vendors are out of date and need to be revised in order to comply with SB 946 and WHEREAS, the City Council adopts this ordinance under the authority of SB 946 and the City Council finds the regulations and requirements provided in this ordinance are directly related to the City's objective of protecting the health, safety and welfare of its residents, businesses, and visitors; and WHEREAS, the City Council finds the regulations in this ordinance, including, but not limited to those regulations governing minimum sidewalk widths, cart sizes, distance requirements, and food and merchandise storage are necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 and other disability access standards; and WHEREAS, the City Council finds this ordinance is necessary to ensure the public's use and enjoyment of natural resources and recreational opportunities; and WHEREAS, the City Council finds this ordinance is necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic 01181.0005/649802.1 1 and natural character of City. N OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES FIND AS FOLLOWS: S ECTION 1. Recitals The City Council of the City of Morro Bay does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance. S ECTION 2. Finding Regarding Limitations on Sidewalk Vending. The City of Morro Bay has unique characteristics that require limitations on sidewalk vending activities for safety, health and accessibility. The limitations and related findings are as follows: A. Sidewalks under 10 feet in width: The majority of the sidewalks and pathways in the City are narrow, between five (5) feet and ten (10) feet in width and stationary sidewalk vending in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities in compliance with the American with Disabilities Act (ADA). B. Areas with high levels of pedestrian traffic: The City's commercial districts along the Waterfront are extremely popular tourist destinations with unusually high pedestrian and vehicular traffic volumes along sidewalks. The sidewalks in these areas are generally under ten (10) feet in width. As such, in order for the City to protect the public from injury and prevent congestion, a limit on the number of sidewalks vending permits issued by the City for commercial districts along the Waterfront is necessary and locations will be approved on a case by case basis. C. Residential areas: The City's residential districts are generally older developed areas, with narrow streets, many with steep slopes and have a constrained amount of on -street parking. The residential districts generally do not have sidewalks or have narrow sidewalks that cannot safely accommodate pedestrian traffic and a stationary sidewalk vendor. Stationary sidewalk vendors are not allowed in residential districts to protect the health, safety, and welfare of residents who live in residential districts. D. Public Parks: Morro Bay has numerous public parks, and in order to promote public health, safety and welfare, and to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of these parks, the City will review requests for sidewalk vending locations on a case by case basis. 01181.0005/649802.1 2 E Police and Fire Stations: The Police Department and Fire Department facilities contain critical infrastructure and restrictions around the facilities are n ecessary to ensure the health, safety and welfare of the public. Consequently, n o sidewalk vending is permitted within 100 feet of these facilities. F. Public Beaches: No sidewalk vending is allowed on the public beaches. This restriction is necessary to protect this resource However, stationary and roaming sidewalk vending locations may be permitted at the entrance to public beaches or within public areas near or adjacent to beach parking lots. G Pedestrian/Bicycle trails/pathways• The non -vehicular trails for pedestrians and bicycles are narrow with high pedestrian/bicyclist traffic volumes. Restrictions on sidewalk vending along the path are necessary to protect the public from injury given the popularity of these tourist destinations. H. State Park Owned/Managed Property: State Parks and other areas owned by the State of California will require a special review and authorization from the state prior to allowing any sidewalk vending permits in those areas. I. State of California (Caltrans) Right of Way: State Highway 1, State Highway 41 and the related public right of way areas are within the State of California (Caltrans) jurisdiction and will require authorization from the State prior to consideration of any sidewalk vending permit applications for these locations. S ECTION 3. Section 5.08.150(A)(1) of the Morro Bay Municipal Code is hereby amended as follows with the rest of Section 5.08.150 remaining unchanged (added text in bold underline): 1 "Vendor" means and includes every person not having a fixed place of business in the city, and not an agent of a principal having a fixed place of business in the city who travels from place to place, or has a stand upon any doorway of any building or unenclosed or vacant private lot or parcel of land, or any sidewalk vendor as defined in Chapter 5 60, who sells or offers for sale and retail any goods in his/her possession. S ECTION 4. The definition of "Vendor" and "solicitor" in section 5.40.020 of the Morro Bay Municipal Code is hereby amended as follows with the rest of Section 5.40.020 remaining unchanged (added text in bold underline deleted text in ) "Vendor"-a-nd "sSolicitor" means and includes every person requesting an immediate donation of money and/or who solicits as defined in Section 01181.0005/649802.1 3 5.08.150 of this code and is specifically engaged in solicitation by going from house to house, place to place, or along city streets and on public right- of-way. S ECTION 5. Chapter 5.60 of the Morro Bay Municipal Code, entitled "Sidewalk Vendors," attached hereto as Exhibit A, is hereby added to the Morro Bay Municipal Code. The provisions in Chapter 5.60 supersede any conflicting provisions in Section 17.30.030(T) of the Morro Bay Municipal Code. S ECTION 6. Section 10.40.120(C) is hereby added to the Morro Bay Municipal Code and shall read as follows (new text in bold underline): C. This section does not apply to sidewalk vendors, as defined in S ection 5.60.010. Sidewalk vendors shall comply with the provisions of Chapter 5.60. S ECTION 7 CEQA Findings. The Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3) (the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment) The proposed ordinance maintains the status quo and prevents directly related changes in the e nvironment. Because there is no possibility that this ordinance may have a significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA. S ECTION 8. Severability. If any section subsection, phrase, or clause of this o rdinance or any part thereof is for any reason held to be unconstitutional or otherwise u nenforceable, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared u nconstitutional or otherwise unenforceable. S ECTION 9 Effective Date. This Ordinance shall take effect 30 days after its adoption. • 01181.0005/649802.1 4 SECTION 10. Certification. The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause the same to be posted as the designated locations in the City of Morro Bay. INTRODUCED at a regular meeting of the City Council held on the 9th day of June, 2020, by motion of Council Member Addis and seconded by Council Member Heller. PASSED AND ADOPTED on the 23rd day of June 2020, by the following vote: AYES Headding, Addis, Davis, Heller, McPherson NOES None ABSENT: None ABSTAIN: None ATTEST: a/vir 'DANA SWANSON, City Clerk APPROVED AS TO FORM: s oetc, S CHRIS F. NEUMEYER, g(ty Attorn vairraa JOH 1 HLARBING, ►' AYOR 01181.0005/649802.1 5 STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ) CITY OF MORRO BAY I, Dana Swanson, CITY CLERK FOR THE CITY OF MORRO BAY, HEREBY CERTIFY the foregoing Ordinance Number 634 was duly adopted by the City Council of the City Council of the City Morro Bay at a regularly meeting of said Council on the 23rd day of June, 2020 and that it was so adopted on by the following vote: AYES Headding, Addis, Davis, Heller, McPherson NOES' None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Morro Bay, California, this 24A day ofTula", , 2020. DANA SWANSON, City Clerk 01181.0005/649802.1 6 Exhibit A Chapter 5.60 SIDEWALK VENDORS 5.60.010 - Definitions. The following definitions apply to this chapter: A. "Beach" means any public oceanfront, or bay front beach within the City. B "Cart" means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non -motorized conveyance. C. "Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. D. "Food" means any item provided in Health and Safety Code Section 113781, or any successor section. E "Harassment" means any form of unauthorized or unpermitted touching, verbal abuse, blockage of pathways or interference with pedestrian traffic. F. "Limited Opportunity Area" means an identified area in which a specific location request will need special review by Public Works, Police and Fire prior to permit approval or disapproval. G. "Park" means the parks listed in the Open Space and Conservation Element of the General Plan and identified in Table 5.60-2 H. "Residential district" means any area zoned exclusively as residential in Title 17 of the Municipal Code or any other area with exclusively residential uses. I. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. J. "Scenic pathway" means a non -vehicular trail or pathway for pedestrian, bicycle or equestrian use. K. "Sidewalk vendor" means a person who sells food or merchandise from a cart or from one's person, upon a public sidewalk or other pedestrian path. Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors. L. "Special event" means a City permitted event including, but not limited to, festivals, art 01181.0005/649802.1 shows, and/or cultural events. M. "Stationary sidewalk vendor" means a sidewalk vendor who operates from a fixed location. N. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. 5.60.020 — Applicability. The requirements of this chapter shall not apply to the following persons: A. Persons delivering goods, wares, merchandise or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution. B Solicitors, as defined in Section 5.08.150. C. Persons selling goods, wares, merchandise, or food from a motorized vehicle, including a food truck. 5.60.030 — Business tax certificate and vender permit required. A. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid City business tax certificate in accordance with Chapter 5.04 of this code, and complying with all requirements of the business license, unless such person qualifies for an exemption under Chapter 5.04 of this code. B No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a sidewalk vendor permit in accordance with the requirements of this chapter and complying with all requirements of the permit. C. A sidewalk vendor permit is valid for one year unless revoked or suspended prior to expiration. An application to renew a vendor permit under this chapter shall be made not later than 90 days before the expiration of the current permit. D. Sidewalk vendor permits are only applicable to the persons named on the permit application and are not transferable. E A separate business tax certificate and sidewalk vendor permit is required for each cart. 5.60.040 — Requirements for permit application. 01181.0005/649802.1 An application for a sidewalk vendor permit shall be filed with the community development department and shall include all the following, to the extent applicable: A. The name, address, and telephone number of the applicant and each person who will operate the cart. B A photo identification of the applicant and each person who will operate the cart. C. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. D. A description of the cart, including the dimensions (height, width and length) of the cart, a graphic showing any signage to be used and the .placement on the cart, identification of any power supply or heating element used by the cart, and a photograph of the cart. E A complete list of the food or merchandise to be sold. F. The locations in the City where the sidewalk vendor intends to operate. G The days and hours during which the sidewalk vendor intends to operate. H. A plan for the collection and disposal of trash and recyclables generated by the vending operation. I. The sidewalk vendor's California seller's permit number (California Department of Tax and Fee Administration sales tax number). J. A City business tax certificate. K. A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required. L. If the sidewalk vendor intends to operate in the state's right of way, evidence of state authorization for such activities. M. Proof of a policy of commercial general liability insurance in an amount not less than $100,000 per occurrence and $200,000 in the aggregate, issued by an insurance company licensed to do business in California and naming the City of Morro Bay, and its elected officials, officers, and employees, as additional insureds. Such policy shall not terminate or be canceled during the duration of the sidewalk vending permit without 30 days advance written notice to the City of Morro Bay. N. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its elected officials, officers and employees from and against any and all 01181.0005/649802.1 claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. O. A certification by the applicant that, to his or her knowledge and belief, the information contained in the application is true. P. Payment of a permit fee as established by City Council resolution. 5.60.050 — Application review; appeal. A. Within thirty (30) calendar days of receiving an application, the community development department will respond to the applicant with approval, or a list of items required to complete the permit review Once the application is deemed complete, the community development director will approve or disapprove the application within thirty (30) days. Issuance of sidewalk vending permits does not require public notification. Following administrative approval, a sidewalk vending permit with appropriate conditions, will be issued. B The community development director's decision to issue or revoke a permit may be appealed by filing a notice of appeal with the city clerk within ten calendar days after the director's decision is issued The director's decision shall be suspended during the pendency of an appeal. The appeal shall be heard by the city manager and his or her decision shall be final. 5.60.060 — Identification numbers; confidentiality. Notwithstanding any other requirement in this code, an applicant for a business tax certificate or sidewalk vendor permit shall not be required to submit a social security. n umber for the issuance of such certificate or permit. In lieu of an otherwise required social security number the City shall accept a California driver's license or identification n umber, an individual taxpayer identification number, or a municipal identification n umber. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order. 5.60.070 — Operational standards. A Display of and compliance with permit. 1 Each cart used by a sidewalk vendor must always display or have available a valid sidewalk vending permit. 01181.0005/649802.1 2. All sidewalk vendors shall comply with the terms and conditions of the vending permit. B Time restrictions. Sidewalk vending is prohibited after 9:00 pm and before 8:00 am in residential districts. C. Carts. 1. In order to prevent obstructions of the public right-of-way, the total area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of five (5) feet, a width of three (3) feet, and a height, including roof or awning, of six (6) feet. 2. In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, umbrellas rack, sandwich -board or other free standing signage to increase the selling or display capacity of the cart unless such items are explicitly requested in the permit application and approved by the City. Trash receptacles can be separate from the cart and not included in the cart size restrictions. 3. Carts must be equipped with their own power and water supplies, if needed. Sidewalk vendors shall not use a power source or water source owned by the City or another person without such owner's consent. 4. In order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way. 5. In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time. 6. In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park. D. Signage. 1. In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart, shall not protrude beyond the physical limits of the cart and shall not exceed three (3) square feet. 2. In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas- 01181.0005/649802.1 powered generators, animation or excessive fumes. Sidewalk vendors shall also comply with the noise regulations in Chapter 9.28 of this code. E Trash and cleanliness. 1. In order to preserve sanitary conditions in all public rights -of -way all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing (public or private) trash receptacles on sidewalks. 2. In order to preserve sanitary conditions in all public rights -of -way all sidewalk vendors shall maintain a clean and trash -free area within a 10-foot radius around the vendor's cart during hours of operation and shall ensure that such area is always clean and trash -free. 3. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to the vending operation that is discharged on public property. Failure to comply will result in the City taking appropnate action to clean the discharge at the vendor's expense and will result in the suspension of the vending permit until the vendor reimburses the City for the cleanup costs. F. Sales and merchandise. 1. Vendors shall not sell any food or merchandise that was not listed in the vending permit application. 2. Vendors may not rent merchandise to customers. 3. Vendors shall not sell alcohol, cannabis products, adult oriented material, or vaping or tobacco products or paraphernalia. G Interactions with the public. 1. In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles on a public street. 2. In order to ensure the public's enjoyment of natural resources and recreational opportunities, vendors shall not approach members of the public to sell food or merchandise in a park. 3. Vendors shall not block or impede the path of any member of the public, or block or impede the entrance to any building, park, beach, or other area. 4. All persons operating a cart shall stay within ten (10) feet of the cart while the business is operating. 01181.0005/649802.1 5. Vendors shall not harass any member of the public. 6. Sidewalk vendors shall not approach the entrance of any residence or business with the purpose of soliciting business. H. Fire safety. 1. Sidewalk vendors shall not cook with, or otherwise use, an open flame without specific approval by the fire department. 2. In order to protect health and safety, tanks containing propane or natural gas, large batteries, and any other container holding a combustible or flammable material shall be contained within a non -visible portion of the cart to prevent access by the public. I. Operations after dark. In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting shall be equipped with enough lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart. J. Inspection. Upon request, sidewalk vendors shall allow City personnel to inspect their cart for compliance with this chapter. 5.60.080 - Location and time restrictions. A. Prohibited locations Sidewalk vending is prohibited in the following locations and as shown in Table 5.60-1: 1. Any area other than a public sidewalk or other approved area within a public right of way. 2 On any sidewalk that is less than ten (10) feet wide (does not apply to roaming sidewalk vending). 3. Beaches. 4. Scenic pathways. 5. State-owned property in the City, without state authorization. 6. Within 100 feet of a police station or fire station. 7. Within 15 feet of a fire hydrant or 15 feet of a transit stop. 8. Within 15 feet of the outer edge of a driveway or driveway apron or any location that obstructs visibility for vehicles entering or exiting from a driveway. 9. Adjacent to any marked loading zone or bus zone. 01181.0005/649802.1 10. Within five (5) feet of a curb return. 11. Within any residential district (does not apply to roaming sidewalk vending). 12.Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than four (4) feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business. 13.Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers' market or swap meet during the operating hours of the certified farmers market or swap meet. 14.Within 100 feet of a City -permitted special event, including but not limited to, parades concerts, and movie filming, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel boundary for the location of the event. Table 5.60-1 Sidewalk Vending Restrictions on Beaches, Trails, and State -Owned Land Morro Strand Campground Prohibited State Authorization Required Morro Bay State Park Campground Morro Bay Golf Course Prohibited Morro Bay State Park Prohibited Limited Opportunity Area Embarcadero Road Harborwalk (South of Pacific Street) Limited Opportunity Area Embarcadero Road Harborwalk (between Pacific and Beach Street) Limited Opportunity Area Embarcadero Road Harborwalk Beach Street (between Pedestrian Bridge) and Limited Opportunity Area Coleman Drive Embarcadero (from to Morro Rock Parking Lot North Point Natural Area Prohibited Morro Bay Dog Beach Prohibited Prohibited Public Beaches from Morro Rock to North Point Natural Area (including 01181.0005/649802.1 beach parking lots) Prohibited Eagle Rock Ramp Prohibited Public Launch Prohibited Black Hill Trail Morro Bay State Park State Authonzation Required Boardwalk/Harbor Prohibited Morro Bay Estuary South Bay Blvd Mountain Bike Prohibited Trails & Parking Lots (Cerro Cabello/Park Ridge Rock) B Limited Opportunity Areas. The City of Morro Bay has unique characteristics that require limitations on sidewalk vending activities for safety, health and accessibility. The City's community development director is authorized to establish additional restrictions on sidewalk vending in Limited Opportunity Areas, provided such restrictions shall comply with state law and shall be reasonably necessary to protect and promote safety health and accessibility. Such limitations may include, but are not limited to, the number of sidewalk vending permits issued and hours of operation. Applicants will be notified of the limitations or special restrictions applicable to Limited Opportunity Areas upon request and upon review of the sidewalk vending permit application. C. Parks. The amount and type of sidewalk vendors allowed in City parks is limited as shown in Table 5.60-2. Table 5.60-2 Vending Restrictions in Parks Anchor Memorial 0(SorR) Bayshore Bluffs 2 (S); Roaming Allowed Centennial Parkway 1 (S); Roaming Allowed City Park 2 (S); Roaming Allowed Cloisters Community Park 2 (S); Roaming Allowed Coleman 2 (S); Roaming Allowed Del Mar 2 (S); Roaming Allowed 01181.0005/649802.1 Lila Keiser Park 2 (S); Roaming Allowed Mariner Memorial 1 Roaming Allowed (S); Monty Young 2 (S); Roaming Allowed North Point 1 (S); Roaming Allowed Tidelands 4 (S); Roaming Allowed Franklin Riley 2 (S); Roaming Allowed Morro Rock Parking Lot 4 (S); Roaming Allowed 5.60.090 — Penalties. A. Except as provided in subsections B, G, and H, a violation of this chapter may only be punished by the following: 1. An administrative fine not exceeding one hundred dollars ($100) for a first ✓ iolation. 2. An administrative fine not exceeding two hundred dollars ($200) for a second ✓ iolation within one year of the first violation. 3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. 4. Rescission of the sidewalk vendor's permit for the term of that permit upon the fourth violation or subsequent violations. B Vending without a sidewalk vendor permit may be punished by the following: 1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first ✓ iolation. 2. An administrative fine not exceeding five hundred dollars ($500) for a second ✓ iolation within one year of the first violation. 3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. C. Upon proof of a valid vendor permit, an administrative fine imposed under Section 5.60.090(B) shall be reduced to the respective administrative fine set forth in Section 5.60.090(A). D. Notwithstanding any other provision of this code neither a violation of the sidewalk vending program nor a failure to pay an administrative fine imposed by Section 5.60.090(A) or (B) shall be punishable as an infraction or misdemeanor. 01181.0005/649802,1 E Any person who receives an administrative fine under Section 5.60.090(A) or (B) shall have the right to request an ability -to -pay determination. 1. The City shall give any such person written notice of his or her right to request an ability -to -pay determination as well as instructions and other materials for requesting an ability -to -pay determination at the time that the administrative fine citation is issued. 2. A right -to -pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program. 3. Upon receipt of a request for an ability -to -pay determination, the city manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the city manager or his or her designee shall be final. 4. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the City shall reduce the fine to twenty percent (20%) of the amount of the fine originally imposed. F. The city manager may in his or her discretion, allow a person who receives an administrative fine under Section 5.60.090(A) or (B) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. G Violations of the requirement to obtain a business tax certificate pursuant to Section 5.60.030(A) may be punished in accordance with the provisions of Chapter 5.04. H. Nothing in the chapter shall be construed to limit the City's ability to enforce laws of general applicability against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are allowed by state or federal law or this code. 01181.0005/649802.1