CITY OF MERCED - File #: 21-475

• File #: 21-475
• Version: 1
• Type: Report Item
• Status: Passed
• File created: 6/3/2021
• In control: City Council/Public Finance and Economic Development Authority/Parking Authority
• On agenda: 7/6/2021
• Final action: 7/6/2021
• Title: SUBJECT: Report for Council Discussion and Direction on Amending the City of Merced Street and Sidewalk Vendors Ordinance, Chapter 5.54, to Comply with SB 946, Making Sidewalk Vendor and Street Vendor Permitting, Penalties and Hours of Operation the Same and Setting a Public Hearing for August 2, 2021 REPORT IN BRIEF Council is asked to provide direction to staff on updating the City of Merced Street and Sidewalk Vendor ordinance to reflect changes in State law due to the passage of SB 946, making sidewalk vendor and street vendor permitting, penalties and hours of operation the same, and scheduling a public hearing for August 2, 2021. RECOMMENDATION City Council - Provide direction to staff on the revised ordinance and schedule a public hearing for August 2, 2021.

Date	Ver.	Action By	Action	Result
7/6/2021	1	City Council/Public Finance and Economic Development Authority/Parking Authority	approved	Pass

Report Prepared by: Scott McBride, Director of Development Services Department

Title
SUBJECT: Report for Council Discussion and Direction on Amending the City of Merced Street and Sidewalk Vendors Ordinance, Chapter 5.54, to Comply with SB 946, Making Sidewalk Vendor and Street Vendor Permitting, Penalties and Hours of Operation the Same and Setting a Public Hearing for August 2, 2021

REPORT IN BRIEF
Council is asked to provide direction to staff on updating the City of Merced Street and Sidewalk Vendor ordinance to reflect changes in State law due to the passage of SB 946, making sidewalk vendor and street vendor permitting, penalties and hours of operation the same, and scheduling a public hearing for August 2, 2021.

RECOMMENDATION
City Council - Provide direction to staff on the revised ordinance and schedule a public hearing for August 2, 2021.

Body
ALTERNATIVES
1. Provide direction to City staff to proceed with the revised ordinance and public hearing as outlined in the administrative report; or,
2. Provide alternative direction to staff (outline proposed changes in City Council motion); or,
3. Refer back to staff for further review prior to scheduling a public hearing; or,
4. Continue to a future City Council meeting (date and time to be specified in City Council motion).

AUTHORITY
City of Merced Charter, Section 200, Section 405 and Section 413.

CITY COUNCIL PRIORITIES
None.

DISCUSSION
Background

Before getting elected Insurance Commissioner in 2018, former State Sen. Ricardo Lara, D-Bell Gardens, authored SB 946, regarding sidewalk vendors. The bill addressed issues facing sidewalk vendors and regulated local authorities, requiring jurisdictions to have "objective health, safety or welfare concerns" for ordinances pertaining to vendors. In addition, the bill removed criminal penalties for violating ordinances regulating sidewalk vendors and required the dismissal of prosecutions for violation of such ordinances, and potential dismissal ...