Sidewalk Vending: What you need to know.

On May 21, 2024, the City of Desert Hot Springs City Council amended the regulations concerning sidewalk vendors. The new regulations were amended to:

• Comply with SB 972.
• Align Desert Hot Springs regulations related to Sidewalk Vendors and Mobile Food Facilities with State law and County regulations and procedures.
• Re-define Mobile Food Facilities definitions to align with Riverside County’s Environmental Health.
• Establish new regulations for roaming sidewalk vendors that meet the definition of a Compact Mobile Food Operator.
• Establish Category 3 Mobile Food Facilities (Ice Cream Trucks) to be regulated as a Mobile Food Facility with specific exemptions.
• Amend regulations for Peddlers to limit the sale of food to Sidewalk Vendors and Mobile Food Facilities.
• Establish a less burdensome process for Mobile Food Facilities to vend from private properties.
• Establish that Temporary Food Facilities are prohibited in the City other than at duly approved Community Events or Special Events.

These new regulations will go into effect on July 4, 2024.

Review the ordinance and full regulations HERE

Review SB 972 HERE or SB946 HERE

The City will hold a workshop with the County of Riverside on July 15, 2024, from 4 pm to 6 pm to educate the public on the City’s permitting processes and regulations.

Sidewalk Vendor Definitions

“Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.

“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.

“Compact Mobile Food Operation” (CMFO) means a Mobile Food Facility that operates from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. CMFO is a type of Sidewalk Vendor.

Permit Requirements

No person shall engage in sidewalk vending within the City without first obtaining a Sidewalk Vendor permit from the City Manager or designee pursuant to the Desert Hot Springs Municipal Code Chapter 5.28.

Sidewalk vendors that conduct food preparation or selling food, must provide proof of the County Health Department permit issued to the vendor, except when the sidewalk vendor consists solely of 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncut produce will be sold. If potentially hazardous food or processed produce will be sold or the food or the display area is greater than 25 square feet.

PERMIT APPLICATION:

Click HERE to access the online application for a Sidewalk Vendor’s Permit

Click HERE to access the paper application for a Sidewalk Vendor’s Permit

Click HERE to access the SPANISH paper application for a Sidewalk Vendor's Permit

Sidewalk Vendor Rules and Regulations

Stationary Sidewalk Vendors

1. The sidewalk vendor’s activities, materials, or customers do not obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. Additional restrictions include the following:
2. Sidewalk vending shall be conducted only between the hours of one half hour before sunrise and 3:00 am every day.
3. The sidewalk vendor at all times maintains a clearance of not less than 36 inches on all sidewalks so as to enable persons to freely pass while walking, running, or using mobility assistance devices.
4. The sidewalk vendor maintains all food and merchandise stored either inside or affixed to the vending cart or carried by the sidewalk vendor at all times.
5. A sidewalk vendor’s display, cart, signage, merchandise, or set-up shall not be affixed at any time to any building or structure, including, but not limited to, poles, signs, trees, lampposts,
6. The sidewalk vendor may not operate within 50 feet of any school crossings.
7. The sidewalk vendor may not operate within 30 feet of the Desert Hot Springs Senior Center.
8. The sidewalk vendor may not operate within 30 feet of any crosswalk.
9. Sidewalk vendors are prohibited from operating on any private property whatsoever in any zone within the City. This includes, but is not limited to, private parking lots and landscaped areas.
10. The sidewalk vendor may not operate on or along the Palm Drive corridor between Pierson Boulevard and Camino Aventura.
11. The sidewalk vendor may not operate on or along Palm Drive between Park Lane and Paul Road.
12. The sidewalk vendor may not operate on or along any street where the speed limit is posted at 55 miles per hour or above.
13. The sidewalk vendor may not operate within one block in any direction of any signalized intersection of the Palm Drive corridor between Pierson Boulevard and Camino Aventura.
14. The sidewalk vendor may not operate within 200 feet of any other sidewalk vendor.
15. The sidewalk vendor may not operate within 25 feet of a litter receptacle, bike rack, or restroom.
16. The sidewalk vendor may not operate within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller.
17. The sidewalk vendor may not operate within three feet of a red curb.
18. The sidewalk vendor may not operate within 25 feet of a bus stop, trolley stop, taxi stand, bus bench, or bus shelter.
19. The sidewalk vendor may not operate within 200 feet of a police station or fire station.
20. The sidewalk vendor may not operate within 200 feet of any City building or facility.
21. The sidewalk vendor may not operate within one foot from the curb.
22. The sidewalk vendor may not operate within 10 feet of a driveway or driveway approach.

Roaming Sidewalk Vendors

Roaming Sidewalk vendors may operate in residential and non-residential zones of the City, provided they meet the following:

1. Sidewalk vending hours for residential zones shall be conducted between the hours of one-half hour before sunrise and one-half hour after sunset.
2. Sidewalk vending hours for non-residential zones shall be conducted only between the hours of one-half hour before sunrise and 3:00 am every day.
3. The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition, including upon departure of the vending area after its use.
4. No roaming sidewalk vendor shall be at any one location for a period exceeding ten minutes at the request of a bona fide purchaser or exceeding the duration required to complete a sale.
5. No vending shall occur within 10 feet of any entrance, or exit of any building, or any driveway, parking space, or building window.
6. Vendors utilizing sound amplifying devices or musical instruments shall be subject to the requirements of Title 8, Chapter 8.12 Noise Control.
7. No sidewalk vending shall occur 200 ft from a community event, special event, or temporary event held pursuant to a permit.
8. The sidewalk vendor’s activities, materials, or customers do not obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. Additional restrictions include the following:
   1. The sidewalk vendor at all times maintains a clearance of not less than 36 inches on all sidewalks so as to enable persons to freely pass while walking, running, or using mobility assistance devices.
   2. The sidewalk vendor maintains all food and merchandise stored either inside or affixed to the vending cart or carried by the sidewalk vendor at all times.
   3. A sidewalk vendor’s display, cart, signage, merchandise, or setup shall not be affixed at any time to any building or structure, including, but not limited to, poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other
   4. objects on public property or in the public right-of-way.
   5. The sidewalk vendor may not operate within 50 feet of any school crossings.
   6. The sidewalk vendor may not operate within 30 feet of the Desert Hot Springs Senior Center.
   7. The sidewalk vendor may not operate within 30 feet of any crosswalk.
   8. Sidewalk vendors are prohibited from operating on any private property whatsoever in any zone within the City. This includes, but is not limited to, private parking lots and landscaped areas.
   9. The sidewalk vendor may not operate on or along the Palm Drive corridor between Pierson Boulevard and Camino Aventura.
   10. The sidewalk vendor may not operate on or along Palm Drive between Park Lane and Paul Road.
   11. The sidewalk vendor may not operate on or along any street where the speed limit is posted at 55 miles per hour or above.
   12. The sidewalk vendor may not operate within one block in any direction of any signalized intersection of the Palm Drive corridor between Pierson Boulevard and Camino Aventura.
   13. The sidewalk vendor may not operate within 200 feet of any other sidewalk vendor.
   14. The sidewalk vendor may not operate within 25 feet of a litter receptacle, bike rack, or restroom.
   15. The sidewalk vendor may not operate within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller.
   16. The sidewalk vendor may not operate within three feet of a red curb.
   17. The sidewalk vendor may not operate within 25 feet of a bus stop,
   18. trolley stop, taxi stand, bus bench, or bus shelter.
   19. The sidewalk vendor may not operate within 200 feet of a police station or fire station.
   20. The sidewalk vendor may not operate within 200 feet of any City building or facility.
   21. The sidewalk vendor may not operate within one foot from the curb.
   22. The sidewalk vendor may not operate within 10 feet of a driveway or driveway approach.

Permitted Hours

Stationary Sidewalk Vendors:

Between the hours of one-half hour before sunrise and 3:00 am every day.

Roaming Sidewalk Vendors:

Residential Zones: Between the hours of one-half hour before sunrise and one-half hour before sunset.

Non-Residential Zones: Between the hours of one-half hour before sunrise and 3:00 am every day.