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Agenda Item # 2.1 - Gary Walton | Received 07/19/2023STREET VENDING WORKSHOP 7/19/23 The Good Each of us has a fundamental right to realize an idea, create something of value, and pursue our entrepreneurial dreams. I support this principal and support policies to realize them: 1) Everyone has a fundamental right to start — pursue their entrepreneurial dreams and shape the destiny of their lives. 2) We must protect and nourish starters — Society should provide fair access to resources for everyone to start and grow. 3) To level the playing field, tilt it— Americans don't seek favors, but every starter deserves an equal shot to succeed. 4) Renewal comes from the bottom -up — Communities and nations are transformed by lifting up their people. 5) Grow ecosystems to grow economies — Prosperity for all comes by breaking down barriers, fostering trust, bridging differences. 6) All of us matter — Every big idea starts small and vulnerable and needs all of our help to grow. The Bad 1. Health and Safety Concerns —Unauthorized Street vendors may operate without proper permits, licenses, or inspections, leading to potential health and safety risks. These vendors often lack proper food handling training and facilities, which can result in the sale of unsafe or unhygienic food products. Inadequate sanitation practices and the absence of health regulations can contribute to foodborne illnesses. 2. Unfair Competition: Illegal Street vending can create unfair competition for legitimate businesses that comply with regulations and pay taxes. Legal businesses are subject to various costs and requirements, such as permits, taxes, and compliance with health and safety regulations. Illegal vendors, on the other hand, often evade these costs, allowing them to undercut legal businesses. 3. Loss of Revenue — The presence of illegal street vendors can result in revenue loss for local governments, owners, and employees of legal businesses. 4. Lack of.Consumer Protection. Without proper regulations and consumer protections, individuals who purchase from illegal vendors have limited recour if they encounter issues with their purchases. 5. Urban Aesthetics and Public Space: Unregulated Street vending can negatively impact the visual appeal of public spaces and neighborhoods. Cluttered sidewalks, obstructed pathways, and excessive street vending can detract from the overall ambiance and cleanliness of an area. Street vending without designated areas can lead to congestion and imped pedestrian flow. Efforts have been made in California to address these issues. The goal is to strike a balance between supporting economic opportunities for vendors while ensuring health and safety standards, fair competition, and the preservation of public spaces. 1. No outdoor dining tables and chairs — this is not a street food vendor this is an outdoor restaurant. 2. Keep it clean within 50 ft of a cart. Have their own trash can, empty the nearest city trash can, (GDBA does) and either power wash or pay to have the area power washed through permit fees. All vegetables, commodities such as their husks, cores, rinds, or pits shall be sealed in plastic bags before disposing. Liquids in garbage cans leak onto the sidewalks. 3. Require vendors to have should have access to handwash and bathroom facilities. 4. Set back 18" from the curb — so parked cars canthit them or their cart. 5. Do not impede egress from a building or business, fire hydrant, handicap parking, driveways, paseos, bus stops, tree wells, utility boxes, shutoff valves, in front of any curb which has been designated as white, yellow, green, blue or red, automated teller machines, trash receptacle, bike rack, bench, bus stop, or any other area deemed unsafe by the City Fire Department. I would prefer if they weren't allowed in front of any business. On empty lots, or in a parking lot. Think night market opportunities. 6. Require a minimum space between each vendor minimum so to not clutter sidewalk with tents, equipment, etc. 7. If you allow vending on Monterey, limit the number and locations, as well as days and times. Locations should be surveyed and clearly marked as well as those areas where street vending is not allowed. 8. No selling from a parking space. 9. Vendor may not park on the street parking in front of any building. 10. No vending during street construction, lane closures, special events, sidewalk sales, or farmers markets. (500 ft.) 11. All vendors must posses all applicable business, tax and health permits required by the State, County and/or the city. 12. Required information: The name, address and telephone number of the person applying to become a sidewalk vendor; The name, address, and telephone number of the person who will be in charge of any sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle; The name, address and telephone number of all persons that will be employed at the sidewalk vending facility; The number of sidewalk vending receptacles the vendor will operate within the City under the permit; The location(s) in the City where the sidewalk vendor intends to operate; The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s); Whether the vendor intends to operate as a stationary sidewalk vendor or roaming, if roaming, the intended path of travel; whether the sidewalk vendor will be selling food, merchandise or both; If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, whether such foods will require a heating element inside or on the sidewalk, vending receptacle for food preparation, and the type of heating element, if any; Proof of a valid Health permit issued by the Santa Clara County Health department in accordance with Part 7 of the California Health and Safety Code, if vending food; Proof the person possesses a valid California Department of Tax and Fee Administration seller's permit which nots the City as a location or sub -location, which shall be maintained for the duration of the sidewalk vendor's permit; An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state and federal laws; A certification that, to their knowledge and belief, the information contained within the application is true; An acknowledgement that the use of the public property as authorized by the State Legislation shall be at the sidewalk vendors own risk, and the sidewalk vendor uses public property at their own risk; An acknowledgment that the sidewalk vendor will obtain and maintain throughout the duration of any permit any insurance required by the City's Risk Manager and shall name the City as an also named insured under that policy; If the sidewalk vendor has operated in the City in the past, proof of prior sales tax allocation to the City; Each application for a sidewalk vendor permit shall be accompanied by a non-refundable application fee as established by resolution of the City Council. The application and permit is only applicable to the individual(s) named on the application. If said permit is approved, the permittee shall also obtain a City business license. 13. Sidewalk vendors shall not leave their sidewalk vending receptacle unattended for any reason. 14. No sidewalk vending receptacle shall contain or use propane, natural gas, or other explosive or hazardous materials. 15. Sidewalk vendors shall comply with the City's noise standards. 16. All signage and advertising related in any way to the sidewalk vendor shall be attached to the sidewalk vending receptacle. Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated signs. 17. Fines for non-compliance for 1', 2"d and further violations. 18. All required licenses and permits shall be displayed.