Ordinance 3391 CITY OF ALAMEDA ORDINANCE NO. 3391
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING
ARTICLE XIX (SIDEWALK VENDING) OF CHAPTER VI
(BUSINESSES, OCCUPATIONS AND INDUSTRIES) TO
ESTABLISH REGULATIONS FOR SIDEWALK VENDING AND
BY MAKING NECESSARY CONFORMING AMENDMENTS
WHEREAS, in 2018, the State of California enacted Senate Bill 946 ("SB 946"),
also known as the Safe Sidewalk Vending Act, which decriminalized sidewalk vending
across California; and
WHEREAS, SB 946 allows local governments to regulate sidewalk vending
within their jurisdictions, subject to specified limits and restrictions established in SB 946,
in order to promote and protect the public health, safety, and welfare; and
WHEREAS, SB 946 permits local governments to establish additional regulations
if such regulations are connected to specific public health, safety, and welfare concerns;
and
WHEREAS, the City seeks to promote the public health, safety, and welfare
through the regulation of sidewalk vending, while at the same recognizing and
supporting economic opportunities for those who desire to engage in sidewalk vending
through the adoption of clear and reasonable regulations; and
WHEREAS, the City recognizes that the reasonable regulation of sidewalk
vending will benefit the City as a whole because it leads to orderly commerce,
safeguards the public health and safety, allows sidewalk vendors to operate in a safe
and efficient manner, and prevents unsafe and unsanitary conditions such as
interferences with vehicular and pedestrian traffic, the accumulation of trash and debris,
and undue disturbances within residential neighborhoods; and
WHEREAS, to achieve these goals and minimize public health, safety, and
wellness concerns, the City finds it necessary to restrict and limit sidewalk vending in
certain areas, at certain times, and in certain circumstances, and to impose certain
minimum operating requirements on sidewalk vendors operating within the City; and
WHEREAS, the City has identified that an additional regulation prohibiting
sidewalk vending on one block of Thompson Avenue and adjacent streets on certain
days in the month of December is necessary to confront specific public health, safety,
and wellness concerns related to pedestrian and vehicular traffic arising from and
associated with an annual event commonly known as "Christmas Tree Lane", as
described in more detail in the staff report for City Council File No. 2025-5404; and
WHEREAS, the City desires to provide an efficient sidewalk vending application
and permit process that is accessible to all.
NOW, THEREFORE, the City Council of the City of Alameda does hereby ordain
as follows:
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Section 1. The City Council of the City of Alameda finds that the foregoing
recitals, as well as the contents of the staff report for City Council File No. 2025-5404,
are true and correct and are hereby incorporated herein as findings and determinations
of the City Council.
Section 2. CEQA Findings. The adoption of an ordinance to establish a
permit regulatory scheme is exempt from CEQA under the common sense exemption
pursuant to section 15061(b)(3), because it can be seen with certainty that there is no
possibility that the activities in question may have a significant effect on the environment.
Section 3. The Alameda Municipal Code is hereby amended by adding
Article XIX (Sidewalk Vending) of Chapter VI (Businesses, Occupations and Industries)
as follows:
Article XIX - Sidewalk Vending
6-62.1 -Title.
This Article shall be known and may be cited as the "City Sidewalk Vending
Ordinance".
6-62.2 - Purpose and Authority.
a. Purpose. The purpose of this Article is to establish regulations for sidewalk
vendors in accordance with Government Code 51036 et seq., as amended. It
aims to address objective health, safety, and welfare concerns that arise from the
use of public rights-of-way and other public property for sidewalk vending. These
concerns include: ensuring accessibility standards; prioritizing the safety of
pedestrians, cyclists, and motorists; and maintaining proper health and sanitary
conditions.
b. Authority to Establish Regulations. The Public Works Director and City Manager
shall have the authority to establish and issue reasonable rules and regulations
that are necessary to implement the provisions of this Article.
c. Authority to Enforce. The following City officials shall have the authority to
enforce the provisions of this Article and to issue administrative citations
hereunder: the City Manager, the Public Works Director, the Chief of Police, City
Police Officers, the City Building Official, and City Code Enforcement Officials.
6-62.3 - Definitions.
As used in this Article, the definitions set forth in this section shall apply unless the
context clearly requires otherwise.
a. "Applicant" or "permittee" shall mean any person who applies for, or holds, a
sidewalk vending permit as required by this Article.
b. "City Manager" shall mean the City Manager or their designee.
c. "Enforcing official" shall mean any official described in section 6-62.2(c).
d. "Owner" encompasses the following individuals or entities:
1. The sole proprietor of a sole proprietorship engaged in sidewalk vending.
2. Any general partner affiliated with a general or limited partnership that holds
ownership of the sidewalk vending business.
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3. Any person possessing a ten percent (10%) or greater ownership stake in a
corporation that possesses the sidewalk vending enterprise.
4. Any individual who is a member of a limited liability company (LLC) that has
ownership rights in the sidewalk vending business.
5. All proprietors or stakeholders of any other type of business association that
possesses ownership rights in the sidewalk vending business.
6. The principal business proprietor or entity that grants authorization for vendor
operations within the business.
e. "Public parks" shall mean the public parks of the City of Alameda.
f. "Public Works Director" shall mean the Director of Public Works or their
designee.
g. "Right-of-way" refers to all public streets, sidewalks, pedestrian paths, adjacent
landscape areas, and easements, now and hereafter owned by the city.
h. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to
place and stops only to complete a transaction.
i. "Sidewalk vending" shall mean the vending or sale of food or merchandise from a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance, or from one's person, upon a public sidewalk or other
pedestrian path. Sidewalk vending shall not include displays, racks, or other
presentations of merchandise associated with and directly adjacent to a fixed
place of business when authorized by an encroachment permit or other written
permission from the City.
j. "Sidewalk vending facility" shall mean the pushcart, stand, display, pedal-driven
cart, wagon, showcase, rack, or other nonmotorized conveyance used by a
sidewalk vendor.
k. "Sidewalk vending permit" or "permit" shall mean a permit authorizing sidewalk
vending within the City and issued by the Public Works Director in accordance
with this Article.
I. "Sidewalk vendor" shall mean a person engaged in sidewalk vending.
m. "Special event" means an event sponsored or approved by the City involving the
exclusive use of a right-of-way, public park, or other City property that is
authorized by an encroachment permit, special event permit, or other permit or
written permission from the City. This definition also includes events hosted or
sponsored by the City or any of its departments.
n. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed
location.
6-62.4 - Notices under this Article.
Any notices or other correspondences required under this Article may be transmitted
by solely electronic means, including, but not limited to, electronic mail (e-mail),
unless the applicant requests on their application that such notices and
correspondences be transmitted by U.S. mail, or by both U.S. mail and electronic
means. This section shall not apply to notices of suspension or revocation.
6-62.5 - Permits Required and Display Requirement.
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a. Sidewalk Vending Permit Required. A valid sidewalk vending permit shall be
required to engage in sidewalk vending or to utilize or transact any business from
a sidewalk vending facility within the City. Sidewalk vending without a valid permit
shall be unlawful and a violation of this Article.
b. Separate Permit for Each Facility. A separate sidewalk vending permit is required
for each individual sidewalk vending facility. A valid sidewalk vending permit shall
be issued to the sole proprietor or other owner of the sidewalk vending facility.
c. Mobile Food Facility Permit. A valid mobile food facility permit issued by the
Alameda County Department of Environmental Health shall be required if the
sidewalk vending activities require such permit.
d. Business License Required. A valid City business license shall be required to
engage in sidewalk vending within the City.
e. Display Requirement. A valid sidewalk vending permit, and a valid mobile food
facility permit if required, shall be displayed in a visible and conspicuous manner
on every sidewalk vending facility that establishes, stops, moves, or roams upon
or over public property within the City, or that is otherwise engaged in sidewalk
vending activities.
6-62.6- Permit Procedure and Appeals.
a. Permit Issuance or Denial. The Public Works Director shall, within thirty (30) days
after receipt of a complete application and payment of the application fee in
accordance with this Article, issue a sidewalk vending permit to the applicant or
provide written notice of denial of the permit setting forth the reason(s) for denial
as listed in subsection d. and identifying the basis thereof. No action shall be
taken on any application prior to payment of the application fee.
b. Application Fee. The application fee for a sidewalk vending permit shall, from
time to time, be established by resolution of the City Council.
c. Application. An application for a sidewalk vending permit shall be submitted to
the Public Works Director on the form proscribed by the Department of Public
Works and shall require submission of the following information:
1. The name, address, telephone number, and e-mail address of the owner, and
any manager if applicable, under the permit. A manager shall mean any
person who is not a sole proprietor that oversees or is charged with the
operation of a sidewalk vending facility.
2. A detailed description of the food and/or merchandise to be sold, a detailed
description and site plan/map of the areas in which a stationary sidewalk
vendor intends to operate, anticipated hours of operation, and whether the
vendor(s)will be roaming or stationary.
3. A copy of a California driver's license or identification number, an individual
taxpayer identification number, social security number, or other state-issued
identification card. Such information is not a public record and will remain
confidential as required by Government Code Section 51038(c)(4).
4. A copy of a valid California Department of Tax and Fee Administration seller's
permit, as required.
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5. A copy of a valid mobile food facility permit issued by the Alameda County
Department of Environmental Health, if required for the proposed sidewalk
vending activities.
6. Proof of an unexpired business license or proof of current application for
business license in the city.
7. An agreement to indemnify the city, its officers and employees, from any
liability arising from use of the permit on the public right-of-way.
8. Proof of a policy or policies of comprehensive general liability insurance, in an
amount to be determined by the Public Works Director and the City Risk
Manager and established in a regulation of general applicability under this
Article. The amount of the insurance may vary depending on objective factors
such as the type of sidewalk vending facility or merchandise to be sold. The
policy shall insure against any injury, death, loss or damage as a result of
wrongful or negligent acts or omissions by the applicant, owner, and any
agents thereof, with an endorsement naming the City as an additional
insured. In addition, the applicant is required to carry workers' compensation
and automobile coverage sufficient to meet the requirements of the state of
California.
9. Confirmation of compliance with all conditions and requirements of this
Article.
10. Such other identification and information as deemed necessary by the Public
Works Director.
d. Grounds for Denial of Permit. The Public Works Director shall deny the permit
application upon the finding of one or more of the following:
1. That any information contained in or submitted with the application is not true,
contains material misrepresentations, or if relevant or material information is
omitted from the application; or
2. That the operation as proposed by the applicant would not comply with any
provision of this Article or any other ordinance or regulation of the City or any
statute or regulation of the State of California; or
3. That, for any other reason, the operation as proposed would be: detrimental
to health, safety, or welfare; in violation of the requirement to maintain
sanitary conditions; or noncompliant with the federal Americans with
Disabilities Act of 1990 or any other disability access standards established
by federal, state, or local law or regulation.
e. Denied Application, Resubmittal and Fee Exception. Within thirty (30) days of the
first denial of a sidewalk vending permit application, the applicant may resubmit
an amended application to cure the reason(s) for denial listed in the written
notice of denial without payment of a new application fee. The Public Works
Director shall act on the amended application within the same timeframe as for a
new application.
f. Permit Expiration and Renewal. A sidewalk vending permit shall be valid for a
period of one (1) year from the date of issuance and may be renewed annually.
The Director of Public Works may proscribe a streamlined application process for
the renewal of an existing permit. No application fee shall be required to renew a
valid sidewalk vending permit, provided that the owner maintains a valid City
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business license and is not subject to a suspension or revocation at the time of
renewal.
g. Amendments to Sidewalk Vending Permit. A sidewalk vending permit may be
amended administratively upon written request to the Public Works Director. The
written request shall specify the proposed amendment and any information or
documents necessary to process the amendment.
h. Revocation or Suspension of Permit. A sidewalk vending permit issued pursuant
to this Article may be suspended for a period not to exceed thirty (30) days, or
revoked, by the Public Works Director for any of the following reasons:
1. The permittee provided false information on their application;
2. The permittee has received four(4) or more administrative citations for failure
to comply with the provisions of this Article within a twelve (12) month period;
or
3. The permittee has conducted their business in a manner which endangers
the public health, safety, or welfare.
i. Notice of Revocation or Suspension. Notice of the suspension or revocation of a
sidewalk vending permit shall be in writing and state the basis for the suspension
or revocation. The notice shall be mailed to the permittee at the current address
on file for the permit no less than fourteen (14) days before the effective date of
the suspension or revocation, and, if possible, the notice shall be transmitted
electronically to the applicant within the same timeframe. The notice of revocation
or suspension shall include information regarding the appeals process.
j. Appeals. An applicant may appeal the denial, revocation, or suspension of a
sidewalk vending permit to the City Manager for de novo review by filing a
request for appeal with the Public Works Director within fourteen (14) days of the
issuance of the notice of denial. The decision of the City Manager shall be final.
6-62.7 - Operational Requirements.
Unless specifically provided otherwise, all sidewalk vendors and sidewalk vending
facilities operating within the City shall comply with the following operational
requirements:
a. Unobstructed Paths of Travel. Every sidewalk vendor ensures accessibility by
maintaining a forty-eight (48) inch width of unobstructed passage on any
pedestrian path or sidewalk, exclusive of the curb. Notwithstanding the preceding
sentence, a roaming sidewalk vendor may stop to transact business, provided
that there is a twenty-four (24) inch width path of unobstructed travel, and further
provided that the sidewalk vendor shall immediately relocate if any person is
unable to pass the sidewalk vendor without moving off the sidewalk or path.
b. Noise. Every sidewalk vendor shall refrain from emitting any loud, unnecessary,
and unusual noises, and shall comply with all provisions of the City's Noise
Regulations under Section 4-10 of this Code.
c. Disposable Foodware. All sidewalk vendors shall comply with the requirements of
Section 4-4 (Disposable Food Service Ware) and Section 4-5 (Single-Use
Foodware Accessories and Condiments) of Article I of Chapter IV of this Code.
d. Signs. No sidewalk vending facility shall include, contain, or post any sign or
signs that exceed a combined total of four (4) square feet. Signs shall be affixed
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to and flush with the sidewalk vending facility to minimize obstructions to paths of
travel. In no case shall a sidewalk vending sign be posted or affixed to or upon
any public property, nor placed in any manner that obstructs a path of travel as
described in subsection a.
e. Flashing Lights and Electronic Signs. No sidewalk vending facility shall utilize
electronic, flashing, or animated signs, nor flashing lights used for the purpose of
attracting attention, in order to minimize unsafe distractions to drivers and
bicyclists. Steady or flashing lights used for safety purposes may be allowed at
the discretion of the Public Works Director.
f. Lighting. A sidewalk vending facility may utilize steady (non-flashing) lights to
illuminate work areas, illuminate signs, or for decorative purposes, provided that
such lighting is oriented to prevent glare on to private property and away from
drivers, bicyclists, and pedestrians.
g. Tents. No sidewalk vending facility shall place or utilize a tent unless authorized
by the sidewalk vending permit or other permit.
h. Sanitary Conditions. All sidewalk vendors shall maintain sanitary conditions
necessary for public health. Sidewalk vendors shall do all of the following: have
trash, recycling, and compost containers on the sidewalk vending facility that are
determined necessary for the operation in the discretion of the Public Works
Director; promptly clean up any food, grease, or other substances related to
sidewalk vending activities that are discharged on public property; and shall pick
up, remove, and properly dispose of all trash and refuse originating from their
operation before leaving a location.
i. Prohibited Disposals.A sidewalk vendor shall not empty trash or refuse from their
operation into public trashcans, nor shall a sidewalk vendor dump, drain, or
discard any fouled, spoiled, or unused product(s), which includes draining ice
coolers, drink containers and/or miscellaneous containers on the ground.
Disposal of trash, food, grease or other materials to any storm drain, creek, or
waterway is prohibited.
j. Obstructions Prohibited. A sidewalk vendor operating on any sidewalk or public
right-of-way is prohibited from causing any obstruction that impedes entry to and
exit from a business or residence or access to a public facility.
k. Hazardous Materials and Appliances. No sidewalk vending facility shall contain
or use an open flame, propane, natural gas, or other explosive or hazardous
materials, except as necessary to operate a mobile food facility pursuant to a
valid mobile food facility permit issued by the Alameda County Department of
Environmental Health and in full compliance with all regulations thereof.
I. Other Laws. Sidewalk vendors shall comply with all generally applicable federal,
state, and local laws.
6-62.8 - Requirements for Sidewalk Vending Facilities.
Unless otherwise authorized, all sidewalk vending facilities shall comply with the
following requirements:
a. No Exclusive Right. A sidewalk vending permit does not grant an exclusive right
to operate in any specific portion of the public right-of-way.
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b. Abandonment Prohibited. Sidewalk vending facilities, and equipment or objects
used for sidewalk vending purposes, shall not be left, maintained, or otherwise
abandoned in any public space outside of the applicable hours of operation for
the zone. Any facilities, equipment, or objects left overnight in public spaces or in
any portion of the public right-of-way will be considered discarded and may be
seized or disposed of in accordance with this Article.
c. Locking Wheels. To prevent unintended rolling or slipping, sidewalk vendors must
provide locking wheels on all sidewalk vending equipment. Stationary sidewalk
vendors may chock the wheels in lieu of using locking wheels.
d. Facilities Not to Damage Property. Sidewalk vending facilities, equipment, and
related activities shall not damage public or private property.
e. Attachment Prohibited. No sidewalk vending equipment shall be chained or
fastened to any pole, sign, tree, or other object in the public right-of-way or in a
park.
f. Electrical Connections Prohibited. No sidewalk vendor shall connect or maintain
an electrical cord to an adjacent building or to a City power source, unless
authorized in writing by the Public Works Director.
g. Mobile Food Facilities. A sidewalk vending facility that is a mobile food facility
shall at all times hold a County mobile food facility permit, and shall be
maintained in a safe, sanitary, and responsible manner, and operated in full
compliance with said permit. All appliances and operations shall be maintained
and operated in accordance with the mobile food facility permit and all County
regulations related thereto.
6-62.9 - Location Restrictions and Hours of Operation Requirements.
a. Prohibited Locations. In order to protect pedestrian and vehicular safety,
accommodate public street access, and maintain the public peace and welfare,
all sidewalk vendors shaly comply with the requirements of this section. Except
as otherwise provided herein, it shall be unlawful for any sidewalk vendor to
establish, linger, delay, stop, vend, or transact any business in the following
locations, provided that a roaming sidewalk vendor may pass through such
locations if they do so safely and efficiently.
1. Within, on, or upon any City property that is not a right-of-way or public park,
unless specifically authorized by a permit or written permission from the City,
including but not limited to City-owned parking lots and any portion of
Alameda Point that is not a public right-of-way.
2. Within any right-of-way that does not meet the definition of a sidewalk or
pedestrian path, including, but not limited to, any street, parking areas,
roadway median, pedestrian islands, bicycle lanes, or shared bicycle-
pedestrian (multimodal) paths.
3. On any sidewalk or pedestrian path that results in an obstructed path of travel
as described in Section 6-62.7.a. In no case shall a stationary vendor
establish themselves, nor shall a roaming vendor stop or vend, within two
hundred (200) feet of another sidewalk vendor, if either sidewalk vendor or
their facility leaves less than a sixty (60) inch width of unobstructed sidewalk.
4. Within twenty-five (25) feet of any crosswalk or intersection.
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5. In any area that blocks or obstructs the visibility of traffic signals or regulatory
signs.
6. In any driveway or parking lot access, including within three (3) feet of any
curb cut providing access thereto.
7. Within twenty-five (25) feet of any fire hydrant, fire call box, fire department
connection, post indicator valves, or utility cabinets or equipment.
8. Directly adjacent to any police station, fire station, or hospital with an
emergency room, including within ten (10) feet of any vehicular access
thereto.
9. Within fifty (50) feet of any area, structure or facility on which construction is
occurring pursuant to a valid building or encroachment permit.
10. Within ten (10) feet of a litter receptacle, public art installation, bike rack or
electrical vehicle charging station.
11. Within ten (10) feet of a bus turnout, bus bench, or shelter.
12. Within ten (10) feet of an outdoor dining area for a restaurant during the
operating hours of the restaurant.
13. Within ten (10) feet from the entrance or exit doorway to any building or an
automated teller machine.
14. Within two hundred (200) feet of the drop off/pick up areas of any public or
private school.
15. Within, on, or upon any public or private school campus unless authorized by
the school's administration. Such authorization may be revoked at any time.
16. Within one hundred (100) feet of any public or private school campus while
classes are in session, except during lunchtime when authorized in the
discretion of the school administration. Such authorization may be revoked at
any time.
17. Within two hundred (200) feet of the perimeter of any certified farmers'
market or special event, during the hours when any such event is permitted.
18. No roaming or stationary sidewalk vendor shall enter, pass through, or
transact any business within Corica Park Golf Course, unless authorized by
the Golf Course Operator thereof.
19. No sidewalk vendor shall establish, pass through, stop, linger, vend, or
transact any other business on Thompson Avenue between High Street and
Fernside Boulevard, or on High Street and Fernside Boulevard between
Garfield Avenue and Fairview Avenue, during the month of December on
Fridays, Saturdays, and Sundays, and from December 18 through December
25, inclusive, between the hours of 4:00 p.m. to 9:00 a.m.
b. Hours of Operations, Commercial Zones. No sidewalk vendor shall operate,
leave, or abandon any sidewalk vending facility within any commercial zone of
the City between the hours of 10:00 p.m. and 7:00 a.m., provided that a sidewalk
vendor may pass through a commercial zone for any lawful purpose other than
engaging, or intending to engage, in sidewalk vending activities during said
hours. For purposes of this regulation, "commercial zone" means all zoning
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districts of the City, as shown on the Zoning Map of the City, except the R-1, R-2,
R-3, R-4, R-5, and R-6 zoning districts.
c. Residential Zones. Every sidewalk vendor shall comply with the following
regulations in every residential zone of the City. For purposes of this subsection,
"residential zone" means the R-1, R-2, R-3, R-4, R-5, and R-6 zoning districts as
shown on the Zoning Map of the City.
1. No stationary vendors. No stationary vendor may establish, vend, or transact
any business within the City's residential zones.
2. Hours of Operation. No roaming vendor shall engage in sidewalk vending,
transact any business, or pass through for the purpose of engaging in
business within any of the City's residential zones after 8:00 p.m., or sunset,
whichever is earlier, and before 8:00 a.m., or sunrise, whichever is later,
provided that a sidewalk vendor may pass through a residential zone for any
lawful purpose other than engaging, or intending to engage, in sidewalk
vending activities during said hours, and further provided that they silence or
power off all noise-making devices and any lights not used for safety
purposes.
d. Public Parks. The following regulations apply to sidewalk vendors operating
within public parks:
1. Hours of Operation. Sidewalk vendors shall comply with the posted park
hours.
2. In public parks, sidewalk vendors shall not approach persons to sell food or
merchandise.
3. A stationary sidewalk vendor is prohibited from operating in a public park if
the City has entered into an exclusive agreement for the sale of food or
merchandise by one (1) or more concessionaires for that park.
4. Locations within Parks. Unless otherwise authorized, sidewalk vending within
public parks is allowed only upon or directly adjacent to sidewalks or other
paved or marked pedestrian pathways. Sidewalk vending shall not take place
on sand, dirt, landscaped areas, or on the non-sidewalk areas of parking lots,
nor within ten (10) feet of a public art installation, public information kiosk, or
fountain within any public park.
6-62.10 - Prohibited Sales.
Sidewalk vending of any of the following is prohibited and shall be unlawful:
a. Alcoholic beverages, unless authorized under a special event permit or other
permit, or with written permission from the Public Works Director, and in full
conformance with all applicable state and local laws and licensing requirements;
b. Adult-oriented material;
c. Tobacco, tobacco products, or electronic smoking devices;
d. Cannabis or cannabis products;
e. Weapons, including knives, guns, or explosives devices;
f. Items that are not for immediate sale;
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g. Selling or offering to sell services, or engage in or offer to engage in any type of
rental activity, including the rental of any goods or services;
h. Pharmaceuticals; and
i. Any other merchandise prohibited by federal, state, or local law from being
vended
6-62.11 - Exceptions from Regulations.
Upon the issuance of a valid special event permit, encroachment permit, or other
permit, or with written permission from the City, or within a City-sponsored event, a
sidewalk vendor may be excepted from and operate contrary to the provisions of this
Article, provided that the sidewalk vendor and sidewalk vending operation comply
with all of the following:
a. The sidewalk vendor operates in full compliance with the authorizing permit;
b. The activity is temporary and only operates for the duration authorized by the
authorizing permit;
c. The authorizing permit explicitly authorizes the activity and its operational
aspects (with or without refenced to this Article);
d. The authorizing permit shall impose appropriate insurance requirements for the
activity, as determined by the Public Works Director and City Risk Manager. The
insurance may be held by an event organizer or other larger group, provided that
it covers all sidewalk vendors operating under the permit for the event.
e. In the case of City-sponsored events, if there is no separate permit, the sidewalk
vendor shall comply with all written agreements, written permissions, and written
guidance, and shall at all times comply with the verbal and written direction of the
City official in charge of the event, or their designee.
6-62.12 - Responsibility of Owner.
a. Responsibility of Owner. For the purpose of enforcing the requirements of this
Article, the owner of the sidewalk vending operation, facility, enterprise, or
business shall be responsible for the conduct of all employees, independent
contractors, or other representatives while such persons are providing services
on behalf of the business.
b. Additional Information Required. The owner of a sidewalk vending enterprise
shall submit to the Public Works Director during the permit application process:
information on the owner's operations, including if an individual sidewalk vendor
is an agent of another individual, company, partnership, or corporation; and, the
name, business address, and other contact information of the principal or other
owner(s).
c. Joint and Several Liability of Owner(s). The Public Works Director may enforce
the provisions of this Article on an owner or operator of the sidewalk vending
business for the conduct of all individuals operating on behalf of the business. All
owners of a sidewalk vending business or enterprise shall be jointly and severally
liable for any violation, administrative penalty, or other amounts due under this
article that is incurred by the sidewalk vending business or enterprise.
6-62.13 -Violations.
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a. Administrative citations under this Article shall be governed by the provisions of
Section 1-7 of this Code, except as otherwise provided in this section.
b. Any person sidewalk vending in violation of the provisions of this Article, or
sidewalk vending without a sidewalk vending permit, is subject to an
administrative citation punishable by an administrative fine not to exceed:
1. For the first violation, one hundred dollars ($100).
2. For the second violation within one (1)year of the first violation, two hundred
dollars ($200).
3. For the third and subsequent violation within one (1) year of the first violation,
five hundred dollars ($500).
c. The Public Works Director may revoke a sidewalk vending permit for a period not
to exceed one (1) year upon the fourth or subsequent violation within one (1)
year.
d. Violations of this Article are not punishable as infractions or misdemeanors.
e. A failure to pay an administrative fine pursuant to this Article is not punishable as
an infraction or misdemeanor.
f. Reduction of Fine. A person subject to an administrative fine under this Article
may request an ability-to-pay determination and fine reduction pursuant to
Government Code 51039(f), as may be amended or redesignated. Notice of this
provision shall be included with any administrative citation issued under this
Article. Information submitted for an ability-to-pay determination shall be
confidential.
6-62.14- Impoundment and Removal.
a. Removal and Relocation Order. An enforcing official may order the removal or
relocation of any sidewalk vending operation, sidewalk vending facility, or other
items associated therewith, within any right-of-way, public park, or other public
property, when it appears that the operation, or the facility, or both are causing or
will imminently cause an adverse impact on public health, safety, and welfare, or
when it appears that any aspect of the operation or facility is in conflict with the
provisions of this Article. The sidewalk vendor shall be given an opportunity to
relocate in order to cure the adverse circumstance(s) or other deficiency, unless
relocation will not cure the circumstance(s) or other deficiency, in which case the
sidewalk vendor shall remove their operation from public property until such a
time that the circumstance(s)or other deficiency can be cured.
b. Time for Removal. A sidewalk vendor shall have ten (10) minutes to comply with
a removal or relocation order. This time may be reasonably extended in the
discretion of the enforcing official.
c. Abandonment Determination. A sidewalk vending facility and any items
associated therewith shall be deemed abandoned and may be removed and
impounded under this Article, when one or more of the following occurs:
1. The facility, equipment, or items are maintained, left, or otherwise remain on
public property for more than one (1) hour after the end of the applicable
hours of operation for the zone, unless it is clear from the circumstances that
the facility is not unattended or abandoned.
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2. The facility, equipment, or items are noted as unattended or abandoned in the
same location, by an enforcing official that is physically present at the
location, on at least two separate occasions that are more than twenty-four
(24) hours apart.
d. Authority to Remove and Impound. The enforcing official is authorized to remove
and impound, or to cause to be removed and impounded, any sidewalk vending
facility or other items associated with sidewalk vending from any public property
when a sidewalk vendor fails to comply with a removal or relocation order in the
time provided, or if said facility and associated items have been determined
abandoned. Any such items may be removed to an authorized tow yard.
e. Notice of Removal and Impoundment. Upon removal or impoundment, the
enforcing official shall provide written notice of the removal to the permittee by
electronic means within twenty-four (24) hours of the removal, and by U.S. mail
within two (2) business days of the removal. Both notices shall be provided
unless the City lacks the information to provide either notice.
f. Payment of Charges. The owner or person having the right of possession as to
any items removed pursuant to this Article shall be liable for and pay for all such
removal, impoundment, towing, and storage charges before they may retake
possession. A person may request a review of the validity of the removal by a
Hearing Officer in accordance with Section 1-7 and Section 1-8 of this Code, and
if the Hearing Officer determines the removal was made in error, the owner shall
not be liable for the costs and charges for removal and impoundment.
g. Food Spoilage and Property Loss. The City shall not be responsible for food
spoilage or property loss that results from the removal, towing, and storage
pursuant to this Article.
6-62.15 - Civil Actions.
The City Attorney may prosecute or maintain any civil action to enforce the
provisions of this Article, including, but not limited to, actions for injunctions to cause
the correction or abatement of violations under this Article, or to recover any fees,
fines, penalties, or costs of enforcement or abatement incurred under this Article.
6-62.16 - Interpretation and Severability.
a. Amendments to State Law. In the event that state law is amended or changed
such that there is a conflict between state law and this Article, the provisions of
this Article thereafter in conflict shall be interpreted and enforced in compliance
with state law in a manner that gives the fullest effect to the purpose, intent, and
provisions of this Article.
b. Severability. If any section, subsection, clause, phrase, or word of this Article, or
the application thereof, is held to be invalid by the decision of a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the Article, the same of which shall be interpreted and applied in a
manner that gives the greatest effect possible to the purpose and intent of this
Article.
Section 4. The Alameda Municipal Code is hereby further amended by
amending Section 6-27.4 of Article VI (Food and Beverages) of Chapter VI (Businesses,
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Occupations and Industries) as follows (underlined for additions and strikeout for
deletions):
6-27.4- Fixed Place of Business Required.
It shall be unlawful to peddle by hand or from a vehicle, or sell from other than a fixed
place of business, any meat, meat food products, seafood or dressed poultry, except
that such activities may be allowed: re with approval of a conditional
use permit at the following locations: the former Naval Air Station at Alameda Point, the
College of Alameda property, the South Shore Shopping Center, and-the Marina Village
and Harbor Bay Business Parks, and Corica Park; or with the approval of a sidewalk
vending permit in conformance with Article XIX of Chapter VI of this Code; or with the
approval of a special event permit or encroachment permit.
Section 5. The Alameda Municipal Code is hereby further amended by
amending Section 6-52.1 of Article XI (Streets and Sidewalks) of Chapter VI
(Businesses, Occupations and Industries) as follows (underlined for additions and
strikeout for deletions):
6-52.1 - Sale or Display of Merchandise on Streets or Sidewalks Prohibited.
It shall be unlawful for any person, firm, company or association to use any portion of
any of the public streets or sidewalks in the City for selling or dispensing any kind of
of fresh fruit_andveget'a Meer,",'entioned in Subsection 22 8 2, providing + e�dlers
particular locality. The use or occupation of the public streets or sidewalks for exhibiting
or displaying vehicles or other property for rent or sale, or for assembling, constructing or
repairing vehicles or other property, shall constitute a violation of this section; provided
any person may make emergency repairs to a vehicle on the streets in case of accident
or a breakdown to such a vehicle while traveling thereon. Nothing herein shall be
deemed to prohibit the City from allowing, through approval of a conditional use permit
or encroachment permit, the temporary closing of a portion of any street or sidewalk
during building construction, or allowing the temporary permission to storekeepers to use
a portion of the sidewalk in front of their premises for the exhibition or sale of goods,
wares, or other classes of merchandise, or prevent the City from granting an
encroachment permit, special event permit, or conditional use permit for the temporary
sale of food from a rolling store. This section shall not apply to the act of sidewalk
vending conducted under a valid sidewalk vending permit issued pursuant to Article XIX
of Chapter VI of this Code and operated in conformance with that Article.
particular place on any street or sidewalk of the City for any definite period, but such
for-a-rolling-store,
Section 6. The Alameda Municipal Code is hereby further amended by
amending Section 22-8.1 of Article I (Streets) of Chapter XXII (Streets and Sidewalks) as
follows (underlined for additions and strikeout for deletions):
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22-8.1 - Use of Street for Sale of Goods from Rolling Store.
It shall be unlawful for any person to use any of the public streets of the City for the
purposes of vending goods, wares, food stuffs or any other class of merchandise form a
rolling store or store on wheels, unless the activity has been approved by a conditional
use permit at the following locations: the former Naval Air Station at Alameda Point, the
College of Alameda property, the South Shore Shopping Center, ancl-the Marina Village
and Harbor Bay Business Parks, and Corica Park; or with the approval of a sidewalk
vending permit in conformance with Article XIX of Chapter VI of this Code; or has been
approved by a special event permit or encroachment permit.
Section 7. REPEAL
Any provision of the Alameda Municipal Code inconsistent with this Ordinance, to
the extent of such inconsistencies and no further, is hereby repealed or modified to the
extent necessary to effectuate this Ordinance.
Section 8. SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be
invalid, this invalidity shall not affect other provisions of this Ordinance that can be given
effect without the invalid provision and therefore the provisions of this Ordinance are
severable. The City Council declares that it would have enacted each section,
subsection, paragraph, subparagraph and sentence notwithstanding the invalidity of any
other section, subsection, paragraph, subparagraph or sentence.
Section 9. This ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Presid' ' CO' r the City Cou cil
Attest:
Lara Weisiger, City Clerk
City of Alameda
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* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by Council of the City of Alameda in regular meeting
assembled on the 4th day of November 2025, by the following vote to wit:
AYES: Councilmembers Boller, Daysog, Jensen, Pryor and Mayor
Ezzy Ashcraft—5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 5th day of November 2025.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
Yibin.Shen, city Attorney
City of Alameda
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