Sidewalk vending — a staple of many American cities a century ago — is enjoying a resurgence.
And to encourage its continued growth as well as making sure Manteca complies with state law adopted in 2018, the City Council when they meet at 6 o’clock tonight will consider adopting a sidewalk vending program.
The current Manteca ordinance prohibits such vendors from standing in one spot for more than 10 minutes.
The rules outlined in section 10.44.120 of the municipal code are routinely violated on a daily basis.
Vendors that violate the current rules typically set up shop near major intersections such as Main Street and Woodward Avenue as well as Atherton Drive and Airport Way along with other locations.
Over the years, vendors selling everything from flowers to tamales have drawn the ire of brick and mortar business owners.
The biggest complaint has been the city not policing such vendors to make sure they had a business license.
The new ordinance requires a sidewalk vending permit. The cost is being established at $100 so it doesn’t make it cost prohibitive and violate the intent of the state law.
By comparison, most business licenses paid by individuals and firms selling the same products in buildings at fixed locations are substantially higher.
However, there was no indication in the staff report to the council whether the city plans to have a periodic “sweep” or random checks or some other effort to make sure vendors at least have the $100 permits.
Such periodic checks would make sure they met the basic minimums of protecting the city to reduce and prevent pedestrian and sidewalk vendor conflict thereby decreasing liability and accidents.
One of those requirements is that sidewalk vendors must secure a minimum insurance policy of $1,000,000 to protect the city.
The proposed ordinance will differentiate between “roaming” and “stationery” sidewalk vendors.
Stationary vendors will require to leave a four-foot wide passage on sidewalks.
As such, it essentially prohibit stationary vendors from setting up shop on residential sidewalks that rarely exceed six feet in width.
Some of the proposed rules — such as not allowing such vendors withing 250 feet of a school between 7 a.m. and 6 p.m. on days when school is in session — would mean many current candy, ice cream and soda vendors would be in violation if the ordinance goes into effect.
Among the highlights of the proposed ordinance:
*Roaming sidewalk vendors may vend on residential blocks between the hours of 8 a.m. and 6 p.m.
*Any sidewalk vendor may vend on a non-residential block from the hours of 8 a.m. and 6 p.m. or the hours of operation imposed on other businesses on the same street block, whichever is least restrictive.
*There must always be a 4-foot passage on sidewalks for passing pedestrians except for brief periods when a transaction is being made.
*Restricts sidewalk vending near pedestrian facilities such as building entrances, crosswalks, public restrooms and other high areas of pedestrian activity where safety is paramount such as intersections and railroad crossings.
*Vendors must be 18 inches from the curb to assure adequate distance from car doors and traffic.
*They can be no closer than 15 feet of a fire hydrant, marked crosswalk, curb ramp, entrance. entrance to buildings, driveway, parking lots and garages.
*Vendors must be 15 feet from outdoor dining areas, transit shelters or benches, ATM machines, and other sidewalk vendors.
*They can be no closer than 50 feet to a farmers market or special city events in order to not reduce access and to protect the integrity of such events.
*Vendors can’t be closer than 100 feet to a police or fire station or any police officer, firefighter, or emergency medical technician actively performing their duties.
*They can not be closer than 250 feet of places or worship when members or arriving or leaving services of events.
Those that opt to vend within city parks will have additional restrictions such as a 50-foot distance requirement from a public community center, athletic field, or court, or any picnic area, playground, or public restroom.
In addition, consistent with applicable law, the City Manager has the authority to enact additional limits on sidewalk vendors within specified parks to prevent an undue concentration of commercial activity.
Those with permits who violate the city rules during the course of one year will face fines of $100 for the first violation, $200 for the second violation, $500 for the third violation, and $500 for the fourth violations and/or permit revocation.
Within the same one-year time period, those violating city rules that do not have a permit will face fines of $250 for the first violation, $500 for the second violation, $1,000 for the third violation, and $1,000 for the fourth violation.
To contact Dennis Wyatt, email dwyatt@mantecabulletin.com
