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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