Subject also to the regulations and procedures contained in
Chapter 4.04, licenses may be granted to pushcart vendors in accordance with the following criteria and procedures:
(a) Use. Pushcart vendors shall be restricted to the sale of food intended for immediate consumption or flowers.
(b) Location and Clearance.
(1) Pushcart vendors shall be permitted on public sidewalks except:
(A) Within residentially zoned districts;
(B) Within one hundred feet of school sites;
(C) At locations adjacent to city libraries, community centers, the Cultural Center, public safety facilities and city-owned utility facilities;
(D) At locations adjacent to dedicated parks, other than sidewalks adjacent to Lytton Plaza and Cogswell Plaza; and
(E) On designated bicycle paths.
(2) Pushcart vendors shall be permitted in the area on the west side of Embarcadero Road adjacent to the Palo Alto Airport.
(3) No pushcart vendor shall be located in a manner that:
(A) Impedes access to any city inspection, maintenance and operational devices or controls;
(B) Blocks curbside access to a loading zone, as defined in Section
10.40.010;
(C) Impedes pedestrian access from curbside vehicles to the adjacent sidewalk.
(4) In areas zoned community commercial (CC), commercial downtown (CD) and in areas of the downtown zoned public facility (PF), no pushcart vendor shall be permitted within a minimum sidewalk clearance width of eight feet between fixed objects, planter wells and/or curbs. Other than in the above locations, the minimum sidewalk clearance width for a pushcart shall be at least half of the sidewalk but not less than three feet.
(5) No pushcart vendor shall be permitted on a public sidewalk within a distance of ten feet from corner curb lines and corner crosswalks.
(6) No pushcart vendor shall be permitted to locate:
(A) Less than five feet from the nearest display window; or
(B) Less than twenty-five feet from another pushcart vendor.
(7) Except on sidewalks adjacent to Lytton Plaza, no food pushcart vendor shall be permitted to locate within one hundred feet of a restaurant or food market and no flower pushcart vendor shall be permitted to locate within one hundred feet of a flower or plant shop. On sidewalks adjacent to Lytton Plaza, a food pushcart vendor shall be located at least fifty feet from a restaurant or food market and a flower pushcart vendor shall be located at least fifty feet from a flower or plant shop.
(8) In nonpublic sidewalk locations, a pushcart vendor shall be situated in a manner that does not obstruct traffic and that assures safe vehicular and customer access.
(1) A pushcart structure shall not exceed five feet in height and eight feet in length.
(2) Soft umbrellas or canopies which are open on four sides shall be permitted but shall not exceed eight feet in height, measured from ground level.
(3) All signs shall be placed on the pushcart structure; no signs shall be permitted on ancillary umbrellas or canopies. Freestanding signs, illuminated signs or flashing lights shall be prohibited.
(1) No pushcart vendor shall sell food or flowers from eight p.m. to seven a.m. The pushcart shall be removed from its assigned location by eight p.m.
(2) No fires and open flame heating equipment, incidental to the operations of the pushcart, shall be permitted.
(3) No pushcart vendor shall shout, blow a horn, ring a bell or use any sound device or musical instrument, including any loud-speaking radio or sound-amplifying system, for the purpose of attracting attention to any goods or merchandise on sale from the pushcart.
(4) No pushcart vendor shall represent that all or a portion of the proceeds from the pushcart sales will be used for charitable, religious, educational, community, recreational, political or similar nonprofit purpose or are to be transmitted to any person, firm or corporation for any such purpose unless such vendor is licensed under
Chapter 4.30 of this code.
(5) A pushcart vendor shall comply with all applicable federal, state or local laws including the regulations of the Santa Clara County health department.
(e) License Application Issuance and Revocation. Procedures for the application for issuance of and revocation of a pushcart vendor license shall be in accord with the provisions of
Chapter 4.04; provided, that the following additional regulations shall apply:
(1) The application shall contain a statement of intended use, a map showing location and clearance distances, and a sketch of the proposed pushcart showing dimensions and intended colors.
(2) The application shall include a certificate of insurance in an amount and form satisfactory to the city loss-control manager and a hold harmless and indemnity agreement in favor of the city.
(3) A complete application for a pushcart vendor license shall be reviewed by the city staff for a determination as to whether such application complies with the regulations contained in this chapter. Such review shall include a referral to the design staff of the department of planning and development services for review and comment. The design of the pushcart shall be evaluated on its own merits rather than for its compatibility with the character of nearby building facades.
(4) Conditions of approval may be imposed on pushcart vendor licenses where they are required for the maintenance of the public health, safety and welfare.
(5) The chief of police, or designee, may revoke the pushcart vendor license if he or she determines that the conditions of the license or any provisions of this chapter are being violated, or if municipal use of the sidewalk is required for reasons of public safety or convenience. In the case of a revocation, the licensee shall be notified.
(f) Penalty. Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided by law.
(g) Effect of Section. Pushcart vendors who have valid licenses on the effective date of this section, pursuant to prior regulations or guidelines applicable to peddlers, but whose pushcart structures exceed the size requirements contained in Section
4.10.057(c), shall be allowed to process license renewals and continue the use of the pushcart for a period not to exceed five years from the effective date of this section.
(Ord. 5494 § 3, 2020: Ord. 4220 § 3, 1994: Ord. 3720 § 7, 1986)
