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(a)
No person shall offer for the sale any food product which is not packaged at a pre-approved facility, as designated by the Los Angeles County Health Department.
(b)
Any compact mobile food operation with twenty-five square feet or less of display area from which only prepackaged non-potentially hazardous food (which includes, but is not limited to, bagged snacks, cans of soda, bottled water, whole fruits and vegetables, canned goods that do not need to be refrigerated, and other similar foods and whole uncooked produce is sold) is exempt from the requirements to obtain a health permit from the Los Angeles County Health enforcement agency. Notwithstanding, vendors must continue to comply with:
(1)
Health and Safety Code Sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399;
(2)
Chapter 1 (commencing with Section 113700);
(3)
Chapter 2 (commencing with Section 113728).
(4)
Local Enforcement agencies may inspect a compact mobile food operation that is exempt, during the facility's hours of operation and other reasonable times on the basis of a consumer complaint or just cause.
(5)
A compact mobile food operation that is not exempt is subject to permitting and routine inspections or inspections on the basis of a consumer complaint or just cause.
(6)
The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations.
(c)
Compact mobile food operations shall conduct only limited food preparation, as defined in Health and Safety Section 113818. A compact mobile food operation, as defined in subdivision (c) of Section 113831, may display or sell food outdoors, if all of the following conditions are satisfied:
(1)
Overhead protection are provided above all food display areas.
(2)
Food items from the outdoor display are stored consistent with this chapter at all times other than during business hours.
(3)
Outdoor displays comply with Section 113980 and have been approved by the enforcement agency if the compact mobile food operation is required to obtain a permit.
(4)
Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.
(d)
A compact mobile food operation operating from an individual shall not conduct any food preparation or sell foods other than nonpotentially hazardous prepackaged food or whole produce.
(e)
No owner or sidewalk vendor shall cause or allow more than two sidewalk vendors to assemble, gather, collect, or otherwise join for any purpose on any sidewalk or other pedestrian path within fifty feet from each other per city block.
(f)
Within five hundred feet of the following:
(1)
An area designated for a temporary special permit issued by the city, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the city's temporary special permit are also provided to a sidewalk vendor permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes, including, but not limited to, filming, parades, festivals, or outdoor concerts. A prohibition on sidewalk vendor activities pursuant to this paragraph shall only be effective for the duration of the temporary special permit;
(2)
Civic center, a sheriff's station, or a fire station; or
(3)
Any sheriff's or police officer, firefighter, or emergency medical personnel who are actively performing their duties or providing services to the public.
(g)
No person shall engage in vending within three hundred feet of any school property or church.
(h)
Sidewalk vendors shall not be located for purposes of offering products for sale in any location:
(1)
Which creates an unreasonable obstruction to the normal flow of vehicular or pedestrian access;
(2)
Within fifty feet of any intersection, other sidewalk vendor, freeways, driveway, loading zone, parking space or access ramp designed for individuals with disabilities, curb ramp, or building entrance;
(3)
In any space designed for vehicular travel, parking, stopping, or loading; or
(4)
Which blocks manholes, utility access, and vents.
(5)
Within twenty-five feet of a door or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business within the premises;
(6)
Within twenty-five feet of a pedestrian entrance/exit or elevator lobby of a city-owned parking lot.
(i)
No person shall vend before nine o'clock a.m., or later than six o'clock p.m. during periods of standard time, or later than eight o'clock p.m. during periods of day light savings time in areas zoned exclusively for residential (i.e., low-density residential ("R-1"), medium-density residential ("R-2"), and high-density residential ("R-3")).
(j)
No person shall vend as a stationary sidewalk vendor in city areas zoned exclusively for residential (i.e., low-density residential ("R-1"), medium-density residential ("R-2"), and high-density residential ("R-3")).
(k)
Sidewalk vending activities on non-residential blocks may occur only between the hours of six a.m. and ten p.m. or the hours of operation imposed on other businesses on the same block, whichever is least restrictive.
(l)
Only roaming sidewalk vendors may operate in residential areas.
(m)
No sidewalk vending activities for stationary vendors are allowed within five hundred feet of the following intersections: Washington Boulevard and Atlantic Boulevard, Washington Boulevard and Eastern Avenue, Telegraph Road and Eastern/ Washington Boulevard, Garfield Avenue and Washington Boulevard, Telegraph and Garfield, Slauson Avenue and Eastern Avenue, Slauson Avenue and Garfield Avenue, and Triggs Street and Atlantic Boulevard to alleviate traffic and safety concerns of pedestrians, residents, and vendors.
(n)
No person shall vend as a stationary sidewalk vendor in public parks in which the city has entered into an exclusive agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire(s). Vending machines installed and operated at public parks pursuant to a city contract are exempted from subsection (g) herein. The city council may enter into agreement(s) or franchise(s) for the exclusive selling or offering for sale of food or merchandise within any public parks. Otherwise, sidewalk vendors shall start vending between eight a.m. and stop before the designated closing time of any public park within the city.
(o)
No person shall engage in the act of sidewalk vending within the immediate vicinity (i.e., one thousand feet) of a permitted certified farmers' market or permitted swap meet during the limited operating hours of that certified farmers' market or swap meet.
(p)
No person shall engage in the act of sidewalk vending within the immediate vicinity (i.e., one thousand feet) of an area designated for a special event permit pursuant to Division 11, "Temporary Use and Special Event Permits" of Chapter 19.39 of Title 19, "Zoning" of this code provided that any notice, business interruption mitigation, or other rights provided to affected business or property owner are also provided to sidewalk vendors specifically permitted to operate in the area, if applicable.
(q)
No person shall engage in the act of sidewalk vending with a motorized conveyance.
(r)
No person shall engage in the act of sidewalk vending on private property, which includes parking lots, unless consent was given by of the property owner.
(s)
No person shall engage in the act of sidewalk vending other than on the sidewalk portion of the right of way where a sidewalk exists.
(t)
No person shall vend under shaded structures, awnings, gazebos, and bandshell in city parks, except as authorized by a franchise.
(u)
No person shall take a nonmotorized conveyance off non-concrete surfaces in city parks.
(v)
No vending shall take place in or from a parked vehicle or to any individuals traveling in a motor vehicle along a public roadway and on private and public parking lots.
(w)
Notwithstanding any specific prohibition in this ordinance, a sidewalk vendor shall not vend in any location or area where the operation of sidewalk vending activities violates the law or creates a reasonably foreseeable danger to the safety of persons or property.
(x)
Vending that substantially and adversely affects the health, safety, or welfare of any individual is prohibited.
(y)
Vending that endangers the safety of a person or property or causing a public or private nuisance is prohibited.
(Ord. No. 705, § 2, 1-15-2019; Ord. No. 807, § 3, 6-27-2023)