TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning Building & Environmental Services Department
REPORT BY: Akenya Robinson-Webb, Code Compliance Manager
SUBJECT: Request to amend Napa County Code Section 5.40 - Peddling and Soliciting
RECOMMENDATION
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Introduction and intent to adopt a Napa County ordinance amending Chapter 5.40 (peddling and soliciting) of the Napa County Code to conform to California Health and Safety Code requirements and to clarify the requirements. (No Fiscal Impact; Discretionary)
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BACKGROUND
The Planning, Building, and Environmental Services Department (PBES) has experienced a noticeable increase in citizen complaints related to sidewalk vending activity in the unincorporated areas of the County. Sidewalk vending typically involves transient vendors selling items such as fruit, food, flowers, or other merchandise on sidewalks or within the public right-of-way. Vendors often operate without necessary health permits, creating significant public health risks due to the lack of food safety standards, sanitation controls, and proper food handling practices. Additionally, these operations can obstruct the right-of-way, create litter, and pose safety hazards for pedestrians and traffic. Enforcement is essential to protect public health, ensure fair competition for permitted vendors, and maintain the overall cleanliness and safety of public spaces.
On September 17, 2018, Senate Bill 946 (Sidewalk Vendors) was signed into law. SB 946 was intended to de-criminalize sidewalk vending by reducing penalties for violation of local permitting programs. The law requires local authorities with an existing sidewalk vending ordinance to substantially comply with the bill’s provisions as codified in Government Code Chapter 6.2 Sections 51036 - 51039, which include:
• Adopting additional regulations governing the time, place, and manner of sidewalk vending, provided these requirements are directly related to objective health, safety, or welfare concerns;
• Ensuring that any violation of these regulations is punishable solely by an administrative fine and not a criminal infraction; and
• Setting specific administrative fine amounts.
In order to effectively regulate sidewalk vending activity, protect public health and safety, and ensure consistency with current legal standards, the County must update Chapter 5.60 of the Napa County Code. Staff recommends changes to ensure compliance with SB 946 and Government Code Chapter 6.2 Sections 51036 - 51039, including changes to:
• Update the permit application to require proposed hours of operation;
• Revise the permit revocation criteria to include violations of public health or safety, or any violation of state or county health codes as grounds for revocation;
• Clarify the process for appealing a permit decision;
• Replace criminal citations with an administrative enforcement process;
• Establish administrative fines consistent with the law, as follows:
1. For permitted vendors, violations will be subject to the following penalties:
§ First violation: Issuance of a notice of violation outlining the specific code section violated.
§ Second violation (within one year): Fine not to exceed one hundred dollars ($100).
§ Third violation (within one year of the first): Fine not to exceed two hundred dollars ($200).
§ Additional violations (within one year of the first): Fine not to exceed five hundred dollars ($500) per violation.
2. For vendors operating without a permit, violations will be punishable by a fine not to exceed three times the cost of the required permit;
• Specify a process for hardship waivers from any administrative fines; and
• Non-substantive edits to clarify and modernize existing language.
PROCEDURAL REQUIREMENTS:
1. Open Public Hearing.
2. Staff report.
3. Public comments.
4. Close Public Hearing.
5. Motion, second, discussion, and vote on intention to adopt the Ordinance.
REQUESTED ACTIONS:
Hold a public hearing Napa County Board of Supervisors, State of California, amending Chapter 5.40 (peddling and soliciting) to conform to California Health and Safety Code requirements and to clarify the requirements.
FISCAL IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
If Chapter 5.40 is not amended, it will be inconsistent with state law and could create confusion by those who might rely on the County Code instead of State Law. |
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Is the general fund affected: |
No |
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Future fiscal impact: |
None |
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Consequences if not approved: |
PBES would have to follow existing ordinance provisions and state law, which may impede implementation and enforcement. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is exempt from the provisions of the CEQA pursuant to the General Rule in that it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable. [See Guidelines For the Implementation of the CEQA 14 CCR 15061(b)(3).]is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.