Sections:
5.49.060 - Regulations for pushcart food vendors.
5.49.070 - Cleanup responsibility and liability for damages.
5.49.080 - Violation and penalty.
5.49.090 - Suspension, revocation or denial of permit.
The general purpose of these regulations is to promote the health, safety, comfort, convenience, prosperity, and general welfare by requiring that new and existing pushcart food vendors provide residents and customers with a minimum level of cleanliness, quality and safety.
(Ord. 12582 § 2(B) (part), 2004: Ord. 12310 § 2(B) (part), 2001)
For the purpose of this chapter, the following words or phrases shall mean or include:
"Assembly area" is an indoor or outdoor place where people may gather for any permitted purpose.
"Pedestrian" is a person who is walking or otherwise travelling in the public right-of-way.
"Permit" is an approval that enables the holder to vend food items at authorized locations and times, for a specified period of time.
"Pushcart" is a piece of vending equipment with a maximum length of eight feet, maximum depth of six feet, and a maximum height of eight feet. Pushcarts are intended to store all materials and merchandise related to the vending activity, and are easily moved by a person or vehicle.
"Pushcart food vendor" or vendor is a person who owns and operates a business vending from a pushcart. No vendor shall be issued more than one city of Oakland Pushcart Food Vending Permit.
"Vending" is the business of selling or causing to be sold any of the following items: produce, prepared foods and beverages, prepackaged foods and non-alcoholic beverages.
"Vending equipment" includes but is not limited to any materials, merchandise, tools, carts, tables, or other items owned by, in the possession of, or associated with both the city of Oakland and the licensed pushcart food vendor.
(Ord. 12582 § 2(B) (part), 2004: Ord. 12310 § 2(B) (part), 2001)
Permits issued under this chapter shall remain in effect for a period of twelve (12) months from the effective date, at the end of which time permit will expire unless renewed by the vendor.
(Ord. 12582 § 2(B) (part), 2004: Ord. 12310 § 2(B) (part), 2001)
Any new or existing pushcart food vendor who desires to vend in the city of Oakland shall apply for and obtain a pushcart food vending permit prior to conducting pushcart food vending. It shall be unlawful to sell, offer for sale, or solicit offers to purchase food from a pushcart in the program area without first obtaining a pushcart food vending permit from the Building Division. All applicants shall be required to submit the following information in order to qualify for a pushcart food vending permit.
A.
The applicant shall obtain a pushcart food vending permit application from the city of Oakland Building Services Division.
B.
In order for the pushcart food vending permit application to be deemed complete, the applicant shall provide the Building Division with the following:
1.
Completed pushcart food vending permit application;
2.
Mailing address for notification;
3.
Legal names of pushcart food vending business owner/operator;
4.
Proof of valid city of Oakland Business Tax Certificate;
5.
Proof of valid county of Alameda Health Agency, Environmental Health Services Health Permit;
6.
Photocopy of valid California Drivers License for business owner/operator;
7.
Four photographs (showing different views) of the pushcart;
8.
Sample or rendering or photograph of advertising signs; and
9.
An application fee per the city of Oakland master fee schedule. A permit fee per the city of Oakland master fee schedule shall be paid prior to issuance of the permit. The application fee shall be credited toward payment of the permit fee. A late fee will be assessed per the city of Oakland master fee schedule if the annual renewal is not paid in a timely manner.
10.
If a vendor proposes to vend from a single location for more than four consecutive hours at a time, the vendor must identify the location and an available restroom to be used by the vendor, and written permission to use the bathroom from its owner.
C.
The building division shall issue up to sixty (60) permits. Permit issuance will be prioritized as follows:
1.
Holders of Alameda Health Agency, Environmental Health Services Health Permits will be given priority for available permits.
2.
Permit applications shall be accepted and deemed complete on a first-come, first-served basis.
3.
Upon issuance of sixty (60) permits, the Building Division will accept applications on a first-come, first-served basis for entry onto a permit waiting list. Should a permit be revoked or otherwise become available, the first applicant on the permit waiting list shall be contacted immediately and offered the available permit.
4.
At no time shall more than sixty (60) permits be active.
5.
The permit applicant shall obtain the permit within fourteen (14) days of permit availability or said permit application shall expire.
D.
The Building Division shall process permit applications at the time of receipt at the permit counter.
(Ord. 12582 § 2(B) (part), 2004: Ord. 12310 § 2(B) (part), 2001)
Pushcart food vending shall only occur in the following geographic areas of Oakland:
A.
Sidewalks. Pushcart food vending shall be permitted on public sidewalks located on Fruitvale Avenue and High Street between Interstate 880 to the south and Foothill Boulevard to the east, Foothill Boulevard between 19th Avenue to the west and Macarthur Boulevard to the east, International Boulevard between First Avenue to the west and 105th Avenue to the east, San Leandro Street between Fruitvale Avenue to the north and 98th Avenue to the south, East 12th Street between 4th Avenue in the west and 23rd Avenue in the east, 14th Avenue between East 11th Street in the south and East 19th Street in the north. Vendors may transport pushcart vending equipment throughout the city of Oakland. However, vending, including selling, offering for sale, or soliciting offers to purchase food, is restricted outside of the streets and zones identified in this section.
B.
Zones. Along the street sections described above, pushcart food vending shall be permitted in the C-20 Shopping Center Commercial, C-28 Commercial Shopping District, C-30 District Thoroughfare Commercial, C-40 Community Thoroughfare Commercial, M-20 Light Industrial, M-30 General Industrial, and M-40 Heavy Industrial zoning districts.
C.
Locations.
1.
Vendors may vend at any location within permitted zones and along permitted sidewalks. However, vendors shall maintain a one hundred (100)-foot distance between one another while selling, offering for sale, or soliciting offers to purchase food.
2.
The pushcart food vendor shall not locate within two hundred (200) feet of any primary or middle school or public park.
3.
Pushcart food vendors shall not vend or locate equipment adjacent to on-street parking spaces reserved for disabled access, driveways, entries and exits from buildings or facilities, or adjacent to street intersections where equipment may obstruct vehicle and pedestrian sight distance.
4.
Pushcart food vendors may vend at assemblies within two blocks of the permitted locations.
D.
Travel. Pushcart food vendors may travel along any public right-of-way within the city of Oakland. However, vending shall be limited to the permitted locations. Pushcart food vendors shall not be allowed to vend, expose or otherwise advertise merchandise, solicit sales, or loiter outside of the permitted locations.
(Ord. 12582 § 2(B) (part), 2004: Ord. 12310 § 2(B) (part), 2001)
5.49.060 - Regulations for pushcart food vendors.
A.
Pushcart food vendors shall sell, offer for sale or solicit offers to purchase only in the area(s) designated by the City Manager or his or her designee. The designation of any area in a public place under jurisdiction is subject to approval of and to any rules and regulations imposed by such office.
B.
Vending shall only occur within the hours of seven a.m. to ten p.m. Monday through Friday, and eight a.m. to ten p.m. Saturday and Sunday. The city of Oakland may require additional restrictions to abate nuisances.
C.
All pushcart food vendors shall adhere to designated time and day requirements and shall be allotted one hour set-up and one hour breakdown and travel time before and after stated selling hours.
D.
No pushcart food vendor shall sell, offer for sale, or solicit offers to purchase from any automobile or truck.
E.
Pushcart food vendors shall engage in their activities in designated areas of the city of Oakland in such a manner that at all times there shall remain an open pedestrian passage of at least six feet in width, as measured from the line perpendicular to the pushcart food vending activity and end of walkway, and consistent with the Americans with Disabilities Act.
F.
Vending equipment and merchandise shall occupy the pushcart only and shall not be stored, displayed or otherwise placed in the public right-of-way or on public property.
G.
Vending equipment shall be regulated in the following manner:
1.
The pushcart food vending permit shall be affixed to the pushcart in a readily visible location at all times.
2.
Vending equipment, merchandise offered for sale or otherwise associated with the pushcart food vendor shall not block, impede or in any way hamper ingress or egress for parked vehicles, pedestrian movement or cause or allow to cause any hazard to pedestrians.
3.
Vending equipment shall be easily moved and shall be self-supporting; at no time shall vending equipment be attached, tied or locked to trees, hydrants or any other permanent vertical structure or bench.
4.
Any vending equipment shall have the maximum length of eight feet, maximum depth of six feet and a maximum height of eight feet.
5.
Up to two signs may be attached to the pushcart, with a maximum aggregate display surface of five square feet per sign.
6.
The pushcart vending equipment shall be entirely self-sufficient in regards to gas, electricity, water, and telecommunications.
7.
No tables, chairs, fences or other site furniture (temporary or otherwise) are permitted in conjunction with the pushcart vending equipment.
8.
Vendors shall remove all equipment upon order of city of Oakland.
9.
Vendors shall not locate or create a vending activity that will negatively impact adjacent businesses or residences.
(Ord. 12582 § 2(B) (part), 2004: Ord. 12310 § 2(B) (part), 2001)
5.49.070 - Cleanup responsibility and liability for damages.
A.
Vendors shall maintain their sales location in a clean, hazard-free condition; failure to do so and failure to clean the vending location of waste shall be cause for revocation or suspension of permit;
B.
Vendors shall agree to defend, indemnify and hold harmless city, its offices and employees from any and all damages or injury to persons or property proximately caused by any act or omission of the vendor or any hazardous or negligent conditions maintained at their sales location.
C.
Vendors shall not discharge materials onto the sidewalk, gutters, or storm drain.
(Ord. 12582 § 2(B) (part), 2004: Ord. 12310 § 2(B) (part), 2001)
5.49.080 - Violation and penalty.
A.
The City Manager or his or her designated representative shall issue or cause to have issued citations for violations of this chapter. Vendors in violation of this chapter shall be subject to administrative citations per Chapter 1.12 of this code.
B.
Any person vending without a duly issued permit and personal identification or found in violation of any of the regulatory provisions of this chapter shall be guilty of an infraction.
C.
Any person found guilty of an infraction, of which person has been given notice, shall not be punished by imprisonment but may be fined.
D.
If periodic inspections are necessary to monitor compliance, code enforcement reinspection fees per the master fee schedule shall be assessed.
(Ord. 12310 § 2(B) (part), 2001)
5.49.090 - Suspension, revocation or denial of permit.
A.
Any permit issued pursuant to this chapter may be revoked or suspended for good cause or upon violation of any provision of this chapter. Any person whose permit has been revoked or suspended shall receive in writing an explanation of such action by the permit inspector. The reasons for denial, suspension and revocation include:
1.
Fraud or misrepresentation in the application for the certificate; or
2.
Fraud or misrepresentation in the course of conducting the business of vending; or
3.
Conducting the business of vending contrary to the criteria for the permit and/or regulations; or
4.
Conducting the business of vending in such a manner as to create a public nuisance or to constitute a danger to the public; or
5.
Public use/repair of right-of-way.
B.
The following factors shall be considered in determining whether a permit should be suspended or revoked upon noncompliance with these regulations:
1.
The number of citations for violation of this chapter previously received by the vendor; and
2.
The number of previous suspensions and/or revocations imposed upon the vendor; and
3.
The number of occasions for which the vendor's permit was subject to suspension or revocation and was not suspended or revoked; and
4.
The seriousness of the violation or misrepresentation and the danger to the health and/or safety of the public presented by the vendor's misrepresentation, noncompliance and/or misconduct; and
5.
Whether or not the condition subjecting the vendor to suspension or revocation is of a nature that can be and/or has been corrected.
C.
Any permit holder or applicant whose permit is suspended or revoked or whose application for a permit is denied may, within fifteen (15) days of the date of action, notify the building division that the permit holder desires reconsideration of that decision. A hearing before the City Manager of the request shall be scheduled. The suspension or revocation will remain in effect pending the hearing. At the hearing, the permit holder or applicant will be afforded the opportunity to be heard and present facts and witnesses on his or her behalf. At that time, the City Manager or his or her designee will make a final decision.
(Ord. 12582 § 2(B) (part), 2004: Ord. 12310 § 2(B) (part), 2001)