RES-11443 SETTING AMOUNT OF FINES AND FEES RELATING TO SIDEWALK VENDORS AND SIDEWALK VENDING PERMITSRESOLUTION NO.11443
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SETTING THE AMOUNT OF
FINES AND FEES RELATING TO SIDEWALK
VENDORS AND SIDEWALK VENDING PERMITS.
WHEREAS,. Senate Bill: 946, the California Safe Sidewalk Vending Act ("SB 946"),-
became effective on January 1,:2019; and
WHEREAS, SB 946 establishes requirements for local, regulation of sidewalk vendors;
and
WHEREAS, the City seeks to implement sidewalk vending regulations to provide a
licensing and permitting process and impose, operational requirements for sidewalk vendors in the
City to comply with SB 946 and protect the health, safety, and welfare of the community; and
WHEREAS, California Government Code Sections 51039(a)(1) and 51039(a)(3)(A)
authorize a city that has adopted an ordinance to regulate sidewalk vendors in compliance .with SB
946 to establish specified administrative fines for violation of that ordinance; and .
WHEREAS, .on March 28, 2023, the City Council introduced Ordinance No 03-23,
amending Orange Municipal Code ("OMC") Chapter 5.54 of Title 5 relating to regulation of
sidewalk vendors in compliance with SB 946.
NOW, THEREFORE, IT BE RESOLVED by the City Council of the City of Orange as
follows:
1. As provided in California Government Code Sections 51039(a)(1), the following
schedule of administrative fines is adopted for a violation.of Chapter 5.54 by a sidewalk- vendor
who has a current:and valid Sidewalk Vending Permit issued by the City:
a. An administrative, fine not exceeding $100 for a first violation;
b. An administrative fine not :exceeding $200 for a second violation within one year
of the first violation; and
c. An administrative fine not exceeding $500 for each additional violation within one
year of the first violation..
2. As provided . in California Government Code Sections 51039(a)(3)(A), the
following schedule of administrative fines is adopted for a violation of Chapter 5.54 by. any person
engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued by the
City:
a. An administrative -fine not exceeding $250 for a first violation;
b. An administrative fine not exceeding: $500 for a second violation within one year,
of the first violation; and
c. An administrative fine not exceeding $1,000 for.each additional violation within
one year of the:first violation.
3. An Application Permit Fee of $400 per vending , cart shall be required for an
application for a Sidewalk Vending Permit.
4. An Employee Application Permit Fee of $100.per employee shall be required of all_ .
person(s) who will be employed by the applicant for a Sidewalk Vending Permit who will work . as a stationary or roaming sidewalk vendor.
5. A Sidewalk Vending Permit Change of Information Fee of $100 shall be imposed
when any applicant who has been issued a Sidewalk Vender Permit changes any information as
provided in the application or Chapter 5:54.
6. This Resolution shall be effective immediately upon the effective date of Ordinance
No. 03-23. .
ADOPTED this 28t' day of March 2 23.
niel R. Slater, Mayor, City of Orange
ST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange; California, do hereby certify
that the foregoing Resolution was duly and regularly adopted'by the City Council of the City of
Orange at a regular meeting thereof held on the 28th day of March 2023, by the following vote:
AYES: COUNCILMEMBERS: Barrios, Dumitra, Tavoularis, Gutierrez, Bilodeau,
Gyllenhammer, and Slater
NOES: COUNCILMEMBERS: None,
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILM£*H3FZS: None
Coleman, ' City Clerk, City of Orange
Resolution No. 11443