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HomeMy WebLinkAbout7.8 Unauthorized Street Vendors THE CITY OF DUBLIN P.O. Box 2340 Dublin.CA 94566 (415) 829-3543 • (Q 50—'9 0 March 22, 1982 TO: Councilmembers FROM: City Attorney RE: Unauthorized Street Vendors The question has been raised as to what action the Council may take with regard to "unauthorized street vendors_" For purposes of this discussion, I have assumed "unauthorized" refers to a vendor who does not possess a permit issued by the Alameda County Sheriff pursuant to Section 2-66 et seq of the Alameda County Ordinance Code. That, and following code sections, require "peddlers" to obtain a permit from the Sheriff before engaging in the sale of personal property or service from vehicles or by foot in the unincorporated property of Alameda County. The fee currently charged for such a permit is $50.00. The permit is valid for 1 year only. Section 2-66 .6 provides that a person may engage in peddling only between the hours of 9 :00 A.M. to 9 :00 P.M. , and may not engage in peddling at properties properly posted- prohibiting peddling. Violation of any portion of the ordinance code governing peddling is a misdemeanor and punishable by a fine of $100 .00 or imprisonment not to exceed 60 days, or both. Section 2-66 . 1 defines "peddler" as follows: 2-66 . 1 Definitions. (a) The word "person" as used herein shall include the singular and the plural and shall also mean and include any person, firm, or corporation, association, club, co-partner or society, or any other organization. (b) The word "peddler" as used herein shall include any person, whether a resident of the unincorporated area of the County of Alameda or not, traveling • ri * TO: Councilmemb� 22, 1982 March , Page two by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, carrying, conveying or transporting goods, wares, - merchandise, publications , or other • personal -property or services offering and exposing the same for sale, or making sales , and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter shall be deemed a "peddler" subject to the pro- visions of this chapter. The word "peddler" shall include the words "hawker" , "huckster", • "canvasser" and "solicitor". It is obvious that the definition encompasses the street vendors that are the subject of the Chamber of Commerce letter of complaint. However, the County peddler ordinance does nothing more than limit the hours of operation for a peddler and require that they obtain a permit. The ordinance does not pro- . hibit peddlers or street vendors from operating in areas other- . wise open to commercial activities. Title 5 of the Alameda County Ordinance Code (Streets and Highways) contains Section 5-34 .0 which provides as follows: • "5-34.0 Structures, vehicles, etc. , placed • on public streets for sale: selling from: prohibited. Any person who parks or places any structure, cart, wagon or other vehicle within any public street, public lane, public alley, public road or public highway not sub- ject to the provisions of Section 731 of the Streets and Highways Code of this State or any public sidewalks for the purpose of selling therefrom or therein any article or thing, and any person selling, displaying for _ sale or offering for sale any article or thing, - either in or from any such structure, cart, • wagon or vehicle so parked or placed, and any person storing, servicing, repairing or other- wise working upon any such cart, wagon, or • vehicle which is temporarily disabled is 1 guilty of a misdemeanor." • By reason of Dublin Ordinance No. 1, this code section, as well as Sections 2-66 et seq, have been adopted as Dublin Ordinances, and are effective until June 1, 1982. The combined effect therefore, of the County ordinances is that street vendors or peddlers must have permits and can sell goods and services between the hours of 9 :00 P.M. only, as long as they do . TO: Councilmembers , March 22, 19 Page three not conduct selling operations on any public street, road, high- way or sidewalk. Inasmuch as a public street or highway includes all land within the right of way, selling operations conducted on unpaved land within the right of way is a violation of Section. 5-34 ..0 , and a misdemeanor. Thus, to the extent selling operations are conducted on land within the right of way of San Ramon Boulevard, Section 5-34 .0 is violated. The County ordinance codes mentioned above do not prohibit peddlers or street vendors from conducting operations on private property. Thus, as long as the private property is zoned to permit retail sales, and the property owner has given permission, a street vendor may sell goods and services as long as he or she has a permit and operates between 9 :00 A.M. and 9 :00 P.M. Presently, such sales activity can occur on all high- way frontage and commercially zoned property. Retail Sales of agricultural products can be made on agriculturally zoned property_ Lastly, inasmuch as plant nurseries may be permitted in residential . zones, it is arguable that street vendors may conduct retail sales - of nursery products as an accessory use on residentially zoned land_ The City of Dublin may enact a more restrictive ordinance controlling street vendors . However, it is probably wise to wait until the City Planning Commission and Planning Director are selected in order to obtain their input. The City may also desire to include street vendors or peddlers in a compre- hensive business license ordinance. However, licensing will not result in prohibition, but only regulation. The Alameda County Sheriff 's Department has advised me that they will enforce their ordinances upon direction by the City Council. It is recommended that the Sheriff be so directed, and the results studied before any further action is taken by Dublin_ Yt Dated: March 22, 1982 :;)4.(/' City Attorney