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Lillian Boyd, Dana Point Times

On Tuesday, May 7, Dana Point City Council will hold a public hearing on the adoption of a sidewalk vending registration fee.

Criminal penalties for sidewalk vending have been abolished as of Jan. 1, 2019, but cities can still regulate vendors. This hearing will include a second reading of an ordinance that establishes an application fee for sidewalk vending.

On April 2, 2019,  the City Council adopted an ordinance establishing Dana Point Municipal Code Title 5.03, which aims to keep sidewalk vending consistent with recently adopted state legislation. The resolution would establish a fee to process a sidewalk vending permit.

SB 946 prohibits California cities from banning stationary or roaming vendors from operating on public sidewalks or other public walkways, including any walkways within public parks. The piece of legislation also prohibits cities from regulating sidewalk vendors unless cities establish a permitting system, and it requires that any restrictions placed on sidewalk vendors be directly related to objective health, safety or welfare concerns.

“The ordinance established new procedures and regulations to allow vendors on sidewalks and public walkways consistent with SB 946,” states the agenda report. “The ordinance contained findings that detail the objective health, safety or welfare concerns that prompted the regulations. The ordinance also contains regulations for both stationary sidewalk vendors and roaming sidewalk vendors.”

The agenda report also states that the nonrefundable permit fee will cover the costs of staff’s time to process and enforce applications.

City council meets at 6 p.m. on Tuesday, May 7 at Dana Point City Hall, 33282 Golden Lantern.

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