TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Quinn M. Barrow, City Attorney
SUBJECT: Title
Ordinance Nos. 18-0025 and 18-0025-U (1) Amending the Manhattan Beach Municipal Code to Regulate Sidewalk Vendors; and (2) Making a Determination of Exemption under CEQA (City Attorney Barrow).
a) ADOPT URGENCY ORDINANCE NO. 18-0025-U
b) INTRODUCE ORDINANCE NO. 18-0025
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Ordinance No. 18-0025-U and introduce Ordinance No. 18-0025, amending the Manhattan Beach Municipal Code (MBMC) to regulate sidewalk vendors.
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FISCAL IMPLICATIONS:
The adoption of this ordinance has no fiscal impact. There will be costs in staff resources for the processing of applications for vending permits, however these will be offset with application fees.
BACKGROUND:
On September 17, 2018, Governor Brown signed Senate Bill ("SB") 946, a new bill which impacts the way local jurisdictions, including the City, regulates sidewalk vendors. SB 946, informally known as the "Safe Sidewalk Vending Act," will go into effect on January 1, 2019. If the City does not adopt the proposed ordinances, state law will govern sidewalk vending.
Under existing law, cities and counties enjoy broad authority to regulate businesses within their jurisdictions. SB 946 adds a new chapter to the California Government Code to substantially narrow that discretion with respect to sidewalk vendors by setting parameters for local regulations and prohibiting the imposition of criminal penalties. As described in the Legislature's findings, the bill's purpose is to promote entrepreneurship, to support immigrant and low-income communities, and to remove barriers those entrepreneurs face to accessing the formal economy. SB 946 has the following provisions:
Definition of "Sidewalk Vendors." The new law defines "sidewalk vendors"...
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