LOS ANGELES CITY COUNCIL (sidewalk vending permit system) Passed

LOS ANGELES CITY COUNCIL (sidewalk vending permit system) Passed

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to creating a sidewalk vending permit system.

Recommendations for Council action, as initiated by Motion (Huizar – Price – Buscaino):

APPROVE, in concept, a regulated sidewalk vending program for the City of Los Angeles with restrictions on zoning, placement and operations.

REQUEST the City Attorney to:

Prepare and present an ordinance to:

Immediately decriminalize violations of Los Angeles Municipal Code (LAMC) 42.00, et seq.

Authorize the Board of Public Works, or designee, to issue permits for stationary vending in commercial and industrial zones, with a maximum of two vendors per block face, and limited, mobile vending in residential areas.

Report on the feasibility of establishing an amnesty provision for existing sidewalk and vendor misdemeanors.

DIRECT the Chief Legislative Analyst (CLA) and City Administrative Officer (CAO) to:

Research sidewalk vending policies and to report to the Public Works and Gang Reduction Committee relative to how other cities take into consideration nearby businesses when issuing sidewalk vending permits.

With the assistance of the City Attorney, Bureau of Engineering, Bureau of Street Services, Los Angeles Police Department, Economic and Workforce Development Department, City Clerk, Office of Finance, and any other City Department as necessary, to report in 60 days with recommendations relative to:

A two-tiered penalty structure, with greater penalties for vending without a permit, and less severe penalties for vending in violation of permit conditions.

A staffing plan and budget that will provide for efficient permitting and effective enforcement, to include options for:

Permit fees that will achieve full cost recovery.

General fund subsidized permit fees.

Additional funding strategies.

A process to create special vending districts to be initiated by Council, the Board of Public Works, or petition (with signatures from 20 percent of property owners or businesses in the proposed district), based on legitimate public health, safety and welfare concerns that are unique to specific neighborhoods with special circumstances.

Permit requirements that will help mitigate risk to the City, adjacent property owners and businesses, including a County of Los Angeles health permit, City of Los Angeles Business Tax Registration Certificate, liability insurance, agreement to indemnify and hold harmless the City of Los Angeles, the adjacent property owner and business, and Business Improvement District (BID), the exact address the applicant is seeking a vending permit (with a maximum of three locations authorized per vendor) or route where vending will occur consistent with the County of Los Angeles model, the consent of the adjacent property owner or business at that address, a list of the food or merchandise to be sold and clear photos of the proposed location showing the nearest obstructions.

An electronic notification system of permits issued.

Incentives to promote the sale of healthy food, including discounted permit fees, and authorization to vend near schools, as well as a list of what qualifies as a healthy food.

The creation of a special fund for the deposit of permit fees and collected fines to support permitting, education and enforcement.

A comprehensive outreach and education campaign.

Annual status reports, including number of permits issued, locations, violations, revenues and recommendations to improve the program.

Recommendations for operational requirements, location restrictions and cart standards.

Options to facilitate the collection of fees by BIDs from permitted sidewalk vendors.

Fiscal Impact Statement: Neither the CAO nor the CLA has completed a financial analysis of this report.

Community Impact Statement: Yes
For: Historic Highland Park Neighborhood Council
Arroyo Seco Neighborhood Council
Mid-Town North Hollywood Neighborhood Council
Los Feliz Neighborhood Council
Greater Echo Park Elysian Neighborhood Council
Lake Balboa Neighborhood Council
Central Alameda Neighborhood Council
West Adams Neighborhood Council

For, if amended: Porter Ranch Neighborhood Council

Against: Harbor Gateway North Neighborhood Council
Studio City Neighborhood Council
Westside Neighborhood Council
Hollywood Hills West Neighborhood Council
Northridge East Neighborhood Council
Chatsworth Neighborhood Council
United Neighborhoods of Historic Arlington Heights Neighborhood Council
West Los Angeles Neighborhood Council

Against, unless amended: Arleta Neighborhood Council
Westwood Neighborhood Council

Neutral Position: Hollywood United Neighborhood Council

General Comments: Van Nuys Neighborhood Council
Downtown Los Angeles Neighborhood Council
Mar Vista Neighborhood Council