HomeMy WebLinkAboutOrdinance 2053 (Establishment of Mobile Food Vending Program and Revised Ordinance)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2053
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING TITLE 10
(BUSINESSES, PROFESSIONS, OCCUPATIONS, INDUSTRIES AND TRADE) OF
THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, TO ADOPT CHAPTER 10.50,
MOBILE VENDING PERMIT PROGRAM
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 20th day of October
2025; a SUMMARY of Ordinance No. 2053 was published as required by City Charter in
the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 3rd day of November 2025, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
4th day of November 2025
LINDSAY LARA, City Clerk
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ORDINANCE NO. 2053
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING TITLE 10
(BUSINESSES, PROFESSIONS, OCCUPATIONS, INDUSTRIES AND TRADE) OF THE
MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, TO ADOPT CHAPTER 10.50,
MOBILE VENDING PERMIT PROGRAM
WHEREAS, California Constitution, article XI, section 7, authorizes the City of San
Rafael (“City”) to adopt and enforce local police, sanitary, and other ordinances
and regulations that are not in conflict with the general laws.
WHEREAS, Senate Bill (SB) 946 (2018), codified at Government Code section
51036, et seq. authorizes the City to regulate sidewalk vending to help protect
public health and safety.
WHEREAS, the City has seen a rise in mobile vending, particularly unpermitted
food vending, in recent years, resulting in the spread of food-borne illnesses,
blockage of the public right of way, litter, and improper disposal of grease, among
other nuisance issues; and
WHEREAS, mobile vending offers a low-cost pathway to entrepreneurship as well
as affordable food options for community members; and
WHEREAS, the City now desires to add SRMC 10.50, Mobile Vending Permit
Program , to help regulate the sale of food, goods, and merchandise to ensure
compliance with health and safety requirements while ensuring the accessibility of
affordable food options and local entrepreneurship opportunities; and.
WHEREAS, it is necessary to adopt requirements regulating the time, place, and
manner of sidewalk vending in order to protect public health, safety, and welfare;
and
WHEREAS, Section 403.5.1 of the 2010 ADA Standards for Accessible Design
generally requires sidewalks to have a minimum width of 3 feet for compliance with
the Americans with Disabilities Act, and the City desires to protect access to public
rights-of-way by disabled persons; and
WHEREAS, it is necessary to adopt additional requirements regulating the time,
place, and manner of sidewalk vending in parks owned or operated by the City in
order to: (1) address health, safety, and welfare concerns; (2) ensure the public’s
use and enjoyment of natural resources and recreational opportunities; and (3)
prevent an undue concentration of commercial activity that unreasonably interferes
with the scenic and natural character of the parks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
Section 1. Adoption of Regulation of Mobile Vendors
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Section 10.50 of the Municipal Code of the City of San Rafael is hereby added to read as
follows:
Chapter 10.50 REGULATIONS OF SIDEWALK VENDORS
10.50.010 Purpose.
A. The purpose of this chapter is to establish a permitting and regulatory program for
sidewalk and other mobile vendors that complies with Government Code Section
51036, et seq.
B. The City Council finds that to promote the public health, safety and welfare,
regulating mobile vending is necessary to ensure no unreasonable interference
with the flow of pedestrian or vehicular traffic including ingress into, or egress from,
any residence, public building, place of business, park, areas located within the
immediate vicinity of a permitted certified farmers' market and a permitted swap
meet, an area designated by a temporary special permit issued by the City, street
to the sidewalk, and by persons exiting or entering parked or standing vehicles.
C. Prohibiting sidewalk vending in streets and medians is necessary to protect the
health and safety of vendors and their patrons, because they are at risk of being
struck by vehicles and/or causing vehicular accidents if vending occurs in streets
or medians.
D. Limiting mobile vending hours of operation within residential neighborhoods to
specific daylight hours consistent with a residential atmosphere is necessary to
protect the safety of vendors and residents who would be more vulnerable to
criminal activities during evening hours, and to promote the welfare of the residents
by prohibiting commercial activities and associated noise and traffic during hours
when residents should be able to enjoy peace and quiet.
E. These regulations ensure continuous access for the use and maintenance of
sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, firefighting
apparatus, and mailboxes, as well as access to locations used for public
transportation services.
F. These regulations ensure such activities occur only in locations where they will
not restrict sidewalk and pathway access and enjoyment by individuals with
disabilities pursuant to the Americans with Disabilities Act of 1990 and other
disability access standards.
G. These regulations reduce exposure to the City for personal injury or property
damage claims and litigation.
10.50.020 Definitions.
As used in this chapter, the following terms and phrases shall have the meaning ascribed
to them in this section, unless the context in which they are used clearly requires
otherwise. If a term or phrase is not defined in this section or elsewhere in this code, the
most common dictionary definition is presumed to be correct.
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"Above-ground structure" means any structure affixed to a sidewalk, including, but not
limited to, a streetlight, tree well, parking meter, utility structure, utility box, bike rack,
scooter corral, mailbox, trash can, elevator, kiosk, newspaper rack, picnic shelter, bench,
table, wall, sign pole, traffic signal pole, signal pushbutton pole, and stairs.
"Alcoholic Beverage" shall have the same meaning as defined in Section 8.18.010 of this
code, or any successor section.
"Applicant" means any person who has applied for a Mobile Vending Permit to be a mobile
vendor in the City.
"Cannabis" means the substances defined in Section 10.96.040 of this code, or any
successor section.
"City" means the City of San Rafael.
"Certified farmers' market" means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agricultural Code and
any regulations adopted pursuant to that chapter, or any successor chapter.
"Concessionaire" means the holder of an exclusive agreement with the City for the sale
of food or merchandise in a City-owned park.
"Conveyance" means any non-motorized wheeled device used to carry persons or
property and includes pushcarts, pedal-driven carts, and wagons.
"Civic Center" means the buildings, facilities, and parking lots or areas including City Hall
location at 1400 Fifth Avenue, San Rafael, California, or at such other place as may be
designated by the Council, fixed as the meeting place for all official meetings of the
Council.
"Director" means the Director of Community and Economic Development Department, or
their designated representative.
"Emergency vehicle access" means the roadway, path, or other surface that provides
police or fire vehicular access from the dispatched point of origin to a facility, building,
parcel, park or portion thereof. Emergency vehicle access includes, but is not limited to,
fire lanes, public and private streets, parking lot lanes, access roadways, trails, and
walkways.
"Food" means any type of human edible substance, including any food product or
beverage as provided in Health and Safety Code Section 113781, or any successor
section.
"Fire station" means any facility where fire engines and other equipment of the San Rafael
Fire Department are housed.
"Goods" means items, personal property, merchandise, or any other similar item that is
generally sold, including food and beverages.
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"Hardscape" means paving material, including tiles, mortared pavers, decomposed
granite, colored or patterned concrete with a tile, brick, or stone appearance, or a paving
material with enhanced concrete that has an exposed aggregate, colored, or salt finish.
"Hearing officer" means an impartial individual designated to determine appeals.
"Heating element" means any device used to create heat.
"Impound" means to seize or take custody of mobile vending cart, equipment, utensils,
food or merchandise (collectively classified as "items") because of a violation of any
applicable law or regulation.
"Major transit stop" means the portion of a site designated as the passenger loading area
that contains any of the following: an existing rail transit station, a bus or rail transit
service, or the intersection of two or more major bus routes with a service interval of 15
minutes or less during the morning and afternoon peak commute periods.
"Merchandise" means any goods or item(s) that can be sold and immediately obtained
from a mobile vendor, which is not considered food. Items for rent shall not be considered
merchandise. Merchandise does not include services.
"Mobile Vending Permit" or "permit" means a permit established by this chapter that has
been issued to any applicant engaging in mobile vending activities in the City.
"Mobile vendor" means a person(s) who sells food or merchandise from a vending cart or
from one's person, upon a public sidewalk or on private property. It includes both roaming
vendors and stationary vendors.
"Mobile vendor activities" or "mobile vending activity" means actions that qualify a person
as a mobile vendor or actions done in anticipation of becoming a mobile vendor such as,
but not limited to, installation, placement, or maintenance of any mobile vending cart.
"Park" means any area dedicated or established as a public park or open space owned
or operated by the City, including, without limitation, active and passive parks.
"Pathway" or "pedestrian pathway" means a paved or improved path, or walkway used
primarily for pedestrian travel, other than a sidewalk. Pathway or pedestrian pathway
does not mean the grassy areas of parks.
"Person" means one or more natural persons, groups, businesses, business trusts,
companies, corporations, joint ventures, joint stock companies, partnerships, entities,
associations, clubs, or organizations composed of two or more individuals (or the
manager, lessee, agent, servant, officer, or employee of any of them), whether engaged
in business, nonprofit or any other activity.
"Portable cooking equipment" means any gas-fueled appliance used to heat, cook, or
prepare food or beverages on a conveyance by a mobile vendor.
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"Public property" means all property owned or controlled by the City, including, but not
limited to, alleys, parks, pathways, streets, parking lots, sidewalks, and trails.
"Public right-of-way" means a public easement for streets, alleys, or other uses, other
than a sidewalk.
"Residential" means any area zoned exclusively as residential in the zoning code.
"Roaming mobile vendor" means a mobile vendor who moves from place-to-place and
stops only to complete a transaction.
"School" means an institution of learning that offers instruction in those courses of study
required by the education code or that is maintained pursuant to standards set by the
State Board of Education. This definition does not include a vocational or professional
institution or an institution of higher education, including a community or junior college,
college, or university.
"Services" means activities involving the performance of work for others or the provision
of intangible items that cannot be returned once they are provided. Examples include, but
are not limited to, hair braiding, face painting, massage, yoga, fortune telling, tattooing,
and dog training.
"Sidewalk" means a public paved or hardscape sidewalk, parkway, pedestrian path,
walkway or other public right-of-way specifically designed for the exclusive use of
pedestrian travel. A sidewalk shall not include streets, alleys, medians, plazas, or City-
owned parking lots or structures.
"Stationary mobile vendor" means a mobile vendor who vends from a fixed location.
"Street" means a public or private vehicular right-of-way other than an alley or private
drive.
"Swap meet" means a location operated in accordance with Article 6 (commencing with
Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any
regulations adopted pursuant to that chapter, or any successor chapter.
"Temporary special permit" means a permit issued by the City for the temporary use of,
or encroachment on, the sidewalk or other public property, including, but not limited to,
an encroachment permit, special event permit, or temporary event permit, for purposes
including, but not limited to, farmers' markets, swap meets, filming, fireworks show,
parades, athletic events, public assemblies, carnivals, fairs, walks, runs and marathons,
festivals, shows, seasonal or holiday events and outdoor concerts or performances.
"Trail" means a paved pathway (which may consist of decomposed granite) designed to
be used primarily by bicyclists, horses and other modes of transportation including Class
1 (off street) trails and riding and hiking trails as denoted in the general plan other than
primarily for pedestrian travel.
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"Vend" or "vending" means to barter, exchange, sell, offer for sale, display for sale, or
solicit offers to purchase food or merchandise. Vend and vending does not include the
offering of services.
"Vendor" or "vending cart" means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other non-motorized conveyance used for vending that is not a vehicle
as defined in the vehicle code.
10.50.030 Permit Required.
A. No person, for either themselves or any other person, shall engage in any mobile
vendor activities within the City without first applying for and receiving a business
license from the City's Finance Department, and a Mobile Vending Permit from the
City's Community and Economic Development Department in accordance with this
chapter.
B. A Mobile Vending Permit is not required for a certified farmers' market, swap meet,
or any activity or event authorized by a temporary special permit.
10.50.040 Permit Application.
Every person, prior to engaging in, conducting, or carrying on the business of mobile
vending, shall file an application with the Community and Economic Development
Department on a form approved by the City Manager or designee. Such an application
shall be accompanied by a nonrefundable application permit fee if such a fee is adopted
by the resolution of the City Council, and shall contain, at a minimum, identifying
information about the applicant and business, the items that will be sold, the location of
the mobile vending, including the location for fixed mobile vending and the route for
roaming mobile vending, hours of operation, and other information deemed necessary to
determine compliance with Chapter."
10.50.050 Investigation and Action Upon Permit Application.
A. Determination of Completeness. The Director shall, within 30 calendar days of
application submission, review the submission of any application for a Mobile
Vending Permit to determine if the application contains all of the requisite
information set forth in Section 10.50.040. Any application that is missing required
information or that is not accompanied by the requisite fee shall be deemed
incomplete and shall not be processed by the Director. In such case, the Director
shall issue a notice of incompleteness to the applicant specifying the information
that is missing resulting in the incomplete application. Failure of the applicant to
submit the missing information within 30 calendar days of the notice of
incompleteness shall be deemed an administrative withdrawal of the Mobile
Vending Permit application by the applicant.
B. Notwithstanding the provisions of this code, the Director shall approve the
issuance of a Mobile Vending Permit unless the Director determines that any of
the following disqualifications exist:
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1. The applicant has failed to submit any of the information, documentation, or
fees required pursuant to Section 10.50.040;
2. The applicant does not possess all federal, state, and/or local permits,
licenses, certificates, and/or approvals required to engage in the activity
subject to the permit;
3. The applicant has made one or more materially false, misleading,
fraudulent, misstatements or misrepresentations in the application or
supplemental information;
4. The applicant's proposed vending activity, as described in the application,
is inconsistent with the standards, conditions, prohibitions, and
requirements set forth in this chapter;
5. The applicant has failed to demonstrate an ability to conform to the
standards, conditions, prohibitions, or requirements set forth in this chapter;
6. The conduct of the mobile vendor will interfere with traffic or pedestrian
movement, or interfere with or endanger the public peace or rights of nearby
residents to the quiet and peaceable enjoyment of their property, which
would result in a detriment to the public peace, health, safety, or general
welfare;
7. The conduct of the mobile vendor will unduly interfere with normal
governmental or City operations, threaten to result in damage or detriment
to public property;
8. The conduct of such mobile vending activity will constitute a fire hazard,
even after all proper safety precautions are taken;
9. The conduct of such mobile vending activity will require the diversion of
police officers to properly police the area of such activity as to interfere with
normal police protection for other areas of the City;
10. The applicant has had a Mobile Vending Permit revoked within the previous
year;
11. The applicant has not paid all previous administrative fine(s), completed all
community service, or completed any other alternative disposition
associated in any way with a previous violation of this chapter;
10.50.060 Denial of Mobile Vending Permit.
A. If a Mobile Vending Permit is denied pursuant to this chapter, the applicant shall
be notified in writing of the denial of the permit, along with the grounds for denial.
The notice shall also advise the applicant of the ability to appeal the denial in the
manner set forth in Section 10.50.150(C). Notice shall be mailed to the applicant
at the address listed in the application.
10.50.070 Term of Permit and Renewal.
A. A Mobile Vending Permit issued pursuant to this chapter shall automatically expire
one year from the date issued unless an earlier expiration date is noted on the
permit.
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B. Renewal of Permit. Any applicant who has been issued a Mobile Vending Permit
and seeks to continue mobile vending must renew the Mobile Vending Permit,
before the Mobile Vending Permit has expired, through the same application
process described in Section 10.50.040. A renewal is effective when approved by
the Director, not when the application is submitted. Unless timely renewed, any
Mobile Vending Permit issued pursuant to this chapter shall expire and become
null and void at the end of its term.
C. Renewal of Permit After Revocation. Any applicant whose Mobile Vending Permit
is revoked may not renew their permit or apply for a new permit within one year
from the date the permit is revoked.
10.50.080 Permit Non-Transferable.
A. A Mobile Vending Permit issued pursuant to this chapter shall not be transferable
to any other entity or person.
B. Any change in ownership, sidewalk operation or vending activity of an issued
Mobile Vending Permit requires the filing of a new permit application under this
chapter.
10.50.090 Conditions and Restrictions Imposed on Permit; Health and Safety
Justification.
A. Mobile vendors shall adhere to all operating conditions and requirements set forth
in this chapter, and all restrictions, limitations, and operating requirements set forth
in this chapter shall constitute conditions upon any Mobile Vending Permit issued
pursuant to this chapter.
B. The conditions, restrictions and operating requirements set forth in this chapter are
intended to protect the health and safety of vendors, their patrons, and the general
public for reasons including, but not limited to:
1. Reducing exposure to pedestrian versus vehicle contact;
2. Ensuring better visibility of drivers entering or exiting driveways;
3. Protecting access to public rights-of-way by disabled persons to comply with
the Americans with Disabilities Act;
4. Ensuring safe pedestrian pathways in areas commonly utilized by
pedestrians;
5. Preventing the appearance of "marketplace" vending on sidewalks which is
more likely to generate crowding on public sidewalks that would impede
pedestrians and disable use of sidewalks;
6. Reducing the chance pedestrians will enter vehicular rights-of-way or block
the entrance or exit of a business;
7. Reducing the danger that school children will enter into traffic and be injured
or killed trying to reach a vendor;
8. Reducing unnecessary or unanticipated slowing of vehicles approaching
onramps, immediately adjacent to curb and sidewalk, or exiting freeway off-
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ramps where drivers are merging into oncoming traffic, all of which are likely
to cause accidents;
9. Reducing the possibility that drivers will be distracted in their line of sight by
a vendor in the way of oncoming traffic;
10. Causing visual distraction to the driving public;
11. Causing excessive noise that disturbs the peace;
12. Eliminating litter, refuse and food waste from the public rights-of-way; and
13. Reducing the likelihood of contamination deposited into the City's storm
drain system.
10.50.100 General Mobile Vendor Operating Requirements.
The following operating requirements and prohibitions shall constitute conditions of any
Mobile Vending Permit:
A. Sidewalk vendors shall operate in compliance with all applicable federal, state,
county, and City laws, ordinances, and regulations.
B. Stationary sidewalk vendors shall display a City-issued Mobile Vending Permit and
business license on the street-side portion of the City-approved vending cart. The
applicant who has been issued a Mobile Vending Permit shall always be at the
approved location while conducting vending activities except as permitted by law
for reasonable time away due to rest, restroom, and meal breaks.
C. Roaming mobile vendors shall display a City-issued Mobile Vending Permit and
business license on the City-approved vending cart; or if no vending cart is utilized,
a roaming sidewalk vendor shall keep the City-issued Mobile Vending Permit and
business license upon their person in a conspicuous manner at all times while
conducting vending activities. The applicant who been issued a Mobile Vending
Permit shall always be at the approved areas or route while conducting vending
activities except as permitted by law for reasonable time away due to rest,
restroom, and meal breaks.
1. Roaming mobile vendors shall move continuously except when necessary
to complete a sale. Notwithstanding the foregoing, the roaming mobile
vendors shall immediately move when necessary to provide access to the
sidewalk to avoid impeding the flow of pedestrian or other traffic.
2. Roaming mobile vending within any residential areas of the City is
prohibited daily between the hours of eight p.m. (8:00 p.m.) and eight a.m.
(8:00 a.m.) of the following day.
D. Mobile vendors shall comply with all applicable laws relating to the employment of
minors. Any minor assisting with or engaged in vending shall be accompanied by
a mobile vendor with a valid vending permit. Any and all actions of the minor related
to vending, including any violations committed by the minor, are attributable to the
sidewalk vendor.
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E. No stationary sidewalk vendor shall vend, and no roaming sidewalk vendor shall
stop to make sales within the number of feet designated below from the nearest
portion of the following locations:
1. Within 25 feet of a fire hydrant or connection, fire lane, fire call box, or other
emergency facility;
2. On any designated emergency vehicle accessway;
3. Within three feet of the edge of any curb including areas of the curb to
provide for unobstructed access for loading and unloading, parking space,
access ramp designed for individuals with disabilities, public utility
providers, deliveries, police, fire or other essential service activities;
4. Within 25 feet of a bus stop, taxi stand, bus bench, or bus shelter;
5. Within 25 feet of any entrance, fire escape or emergency exit of any
business during the hours that the business is open to the public or to
persons having or conducting lawful business therein;
6. Sidewalk vendors shall not engage in sidewalk vending activities within 25
feet of another sidewalk vendor;
7. Within 500 feet of any permitted certified farmers' market, permitted swap
meet, or an area designated for use pursuant to a temporary special permit,
during the operating hours or duration of the certified farmers' market, swap
meet, or temporary special permit;
8. Upon any sidewalk that is within 100 feet of the nearest property line of any
property on which a school, a place of worship, or a child day-care facility is
located;
9. Upon any sidewalk that is within 100 feet of the nearest property line of any
property on which a private and post-secondary education, college or
university building or campus is located;
10. Within or on any median strip or dividing section of any street;
11. Within any landscaped area or on an unpaved surface;
12. Within 25 feet of any active encroachment permit issued and displayed
during the time and dates listed in the permit;
13. Within 25 feet of any outdoor dining or patio area of a business;
14. Within any public property that does not meet the definition of a sidewalk or
pathway including, without limitation, any alley, median, trail, street,
roadway, parking lot, or parking structure;
15. Within any private property without having first obtained current and valid
permits and licenses from the City for such activity and received express
written consent of the property owner or lessee of the property;
F. Mobile vendors shall not vend in a manner that blocks or obstructs the free
movement of pedestrians on sidewalks and must maintain a minimum of three feet
of accessible path of travel, without obstruction, along the sidewalk upon which the
vendor is vending so as to enable persons to freely pass while walking, running,
or using mobility assistance devices.
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G. Mobile vendors shall not block any entrances to buildings, driveways, parking
spaces, or windows.
H. Mobile vendors shall not vend to customers in vehicles unless said vehicles are
lawfully parked and shall not cause vehicles to stop in traffic lanes or persons to
stand in traffic lanes.
I. Mobile vendors that sell food shall maintain a trash container in or on their mobile
vending station and shall not empty their trash into public trash cans. The size of
the vendor's trash container shall be considered when assessing the total size limit
of a stationary mobile vending. Mobile vendors shall not leave any location without
first picking up, removing, and disposing of all trash or refuse from their operation,
and returning the site to the condition present at the time the mobile vendor arrived.
J. Mobile vendors shall maintain the area immediately surrounding the vending area
in a clean and sanitary condition. Prior to leaving any vending location, the mobile
vendor shall pick up, remove, and lawfully dispose of all byproducts (including fats,
oils, and grease) and litter generated by the vending operation (whether by the
vendor or customer) within 25 feet of the vending location. Mobile vendors shall
not cause, permit, or suffer any litter, food, or other discarded or abandoned object
to be thrown, deposited, or left in or upon any street, sidewalk, gutter, storm drain,
inlet, catch basin, or other drainage structure, or upon any public or private land in
the City.
K. Vending carts shall not be left unattended on the public right-of-way at any time.
L. Mobile vendors engaged in the vending of food or beverages shall have hand
sanitizer located in a conspicuous location readily available for use by customers.
M. All food and merchandise shall be stored either inside or affixed to the mobile
vendor station or carried by the mobile vendor. Food and merchandise shall not be
stored, placed, or kept on any public property. If affixed to the mobile vendor
station, the overall space taken up by the mobile vendor station shall not exceed
the size requirements provided in this chapter.
N. Roaming mobile vendors shall not use any portable cooking equipment, gas-fueled
appliance, or any open flame unless approved and permitted by the Director, San
Rafael City Fire Department and/or Marin County Environmental Health Services.
O. Mobile vendors who vend any food, beverage, or liquid product must implement
the following practices:
1. Possess spill kits that are comprised of paper towels, cloth towels, cat litter,
or sand at all times while vending;
2. Remove all spill materials from the public right-of-way and sidewalks once
the spilled material is absorbed off the ground;
3. Capture and prevent spills leaving the area and moving into the surrounding
streets from entering the stormwater conveyance system, including curbs,
gutters, and storm drains;
4. Properly dispose of grease, either by hiring and utilizing an on-site grease
collector or collection system, or at an acceptable facility; and
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5. Ensure that any water or rinse residue used for vending activities (e.g.,
cooler water, ice, food preparation water) is not disposed in the curbs,
gutters, streets, drains, or on any public property.
P. Mobile vendors shall ensure that all customer queuing, waiting areas, or lines do
not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic
along, over, or across public property, and otherwise comply at all times with the
location-related restrictions set forth in this chapter relative to sidewalk vending
activities.
Q. During an urgent or emergency public safety event or incident, including, but not
limited to, a traffic accident, crime scene, medical emergency, gas leak, natural
disaster, fire, on-site construction, sidewalk or road work or related work on a
capital improvement project, the City may temporarily require the mobile vendors
to relocate to another location or area if doing so is necessary to protect the public
health, safety, or welfare.
R. Mobile vendors may only use an umbrella or temporary covering for shade or
protection from sun or rain over the vending cart, and it shall not exceed eight feet
in height nor five feet in diameter. Furthermore, the use of such an umbrella or
temporary covering shall be fire rated as flame-resistant as approved by the San
Rafael Fire Department for any vending activities while an approved heating
element or portable cooking equipment is in use.
S. Notwithstanding any specific requirements, conditions or prohibitions contained in
this chapter, mobile vending is prohibited at any location, public property or area
where the operation of mobile vending activities creates a reasonable danger to
the health, safety or general welfare of the public or property.
T. Mobile vendors shall present, upon request, a valid government-issued photo
identification, California driver's license or identification card, Mobile Vending
Permit, business license, and other applicable license or permit, to any City official
including a City code compliance officer, building inspector, police officer,
firefighter, fire prevention specialist or examiner, Marin County health inspector
authorized to enforce this chapter including to ensure the safe operation and any
heating elements or portable cooking equipment used to prepare food, as well as
to any person to whom they are vending.
10.50.110 Stationary Mobile Vendor Operating Requirements.
In addition to the general operating requirements set forth in Sections 10.50.100,
10.50.120 and 10.50.130, stationary mobile vendors shall comply with the following
operating requirements and prohibitions, and each of these operating requirements and
prohibitions shall constitute conditions of any Mobile Vending Permit for a stationary
sidewalk vendor.
A. Stationary sidewalk vending activity is prohibited from operating or establishing in
any residential areas of the City, defined as zoning districts R, DR, MR, and HR
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under San Rafael Municipal Code Section 14.04.020 et seq., or within the
Downtown Precise Plan area.
B. Stationary mobile vendors may vend on private property under the following
conditions:
1. The applicant provides written authorization from the property consenting
to vending activity on their property.
2. The applicant complies with the requirements of San Rafael Municipal Code
(SRMC) Section 14.17.130 (Temporary Uses), including obtaining
complying with any performance standards or conditions attached to the
approval of the temporary use permit.
C. Any vending cart used in the vending activity shall be removed from the sidewalk
each day at the close of business.
D. Stationary mobile vendors shall not cause, allow, or suffer the placement of chairs,
fences, shade structures, umbrellas, other furniture not used to display
merchandise, rugs, towels, or fabric of any kind upon the sidewalk in conjunction
with the vending operation (whether for the display of goods or any other reason).
E. Stationary mobile vendors shall not cause, allow, or suffer the erection or
placement of any signs upon the sidewalk or a vending cart, unless allowed or
approved pursuant to Chapter 14.19.
F. Stationary mobile vendors shall not attach or use any water lines, electrical lines,
or gas lines located on public property or owned by the City, or belonging to any
other entity or person, during the vending activity.
G. No vending cart may exceed an overall height of five feet, a total width of five feet,
and a total length of five feet. It may not include attachments such as balloons,
streamers, ribbons, or pinwheels.
H. Vending activities shall only occur on sidewalks or pathways where it is possible
to maintain a minimum of three feet of accessible path of travel, without
obstruction, along the sidewalk upon which the vendor is vending.
I. Vendors shall only use any portable cooking equipment or heating element as
approved by the Director, San Rafael City Fire Department and/or Marin County
Environmental Health Services. The following additional conditions apply:
1. The equipment shall be kept at least 20 feet from any permanent structure
and at least 30 feet from any dry grass, grain, brush, or forested area;
2. The equipment shall not be unattended;
3. No vendor shall smoke or vape or allow any person to smoke or vape within
20 feet;
4. The vendor shall regularly clean the portable cooking equipment to remove
grease and food buildup;
5. The equipment shall only use propane, natural gas, or butane cylinder
tanks;
6. The vendor shall use or store only propane, natural gas, or butane tanks of
20 gallons or less, with a limit of two 20-gallon tanks on a conveyance;
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7. Tanks shall be stored in an upright position during use and positioned in
such a way as to prevent falling, tipping, and tampering;
8. Tanks shall be disconnected while the conveyance is in transit or not in use;
9. Only tanks with a shut-off valve and a pressure regulator, having hoses of
a type approved for use by the manufacturer with the equipment are
allowed;
10. All connections to the tank shall be tested for potential leaks before each
use using soap and water; and
11. Any conveyance that stores a tank shall have two ventilation openings on
opposite sides at the cylinder valve level and at least one ventilation
opening at the floor level. Each opening shall be a minimum of 10 square
inches, screened with a minimum 16 mesh and shall vent to the exterior of
the conveyance.
J. Stationary mobile vendors shall comply with the following fire extinguisher
requirements:
1. An easily accessible, properly charged and maintained 2A-10BC-rated five
pound fire extinguisher shall be kept at the vending cart at all times and be
familiar with its proper use. Stationary sidewalk vendors shall ensure the
extinguisher has been serviced within the last year and has a valid
California State Fire Marshal service tag attached;
2. Deep-fat fryers or woks with cooking oil capacity of six inches depth or
greater using combustible cooking media, vegetable or animal oils or fats,
shall be provided with a Class K fire extinguisher;
3. The extinguisher shall be mounted securely to the vending cart or
equipment; and
4. The extinguisher shall be located away from the cooking area but within
reasonable reach to prevent the spread of fire.
10.50.120 Operating Requirements for Mobile Vendors Within a Park.
Mobile vendors shall comply with the following operating requirements and prohibitions,
and each of these operating requirements and prohibitions shall constitute conditions of
any Mobile Vending Permit for a sidewalk vendor within a park.
A. Mobile vendors are prohibited from operating within any portion of a City park for
which the City has signed an agreement for concessions that exclusively permits
the sale of merchandise or food by the concessionaire.
B. Mobile vendors operating within a City park shall comply with all operating
requirements and prohibitions set forth in Sections 10.50.100, 10.50.110 and
10.50.130.
C. Roaming sidewalk vendors shall not vend within 50 feet of any portion of a park
for which the City has signed an agreement for concessions that exclusively
permits the sale of merchandise or food by the concessionaire.
D. Mobile vendors shall not vend in the following locations within a park:
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1. Within 25 feet of any field, court, or pitch that is primarily designed for use
in a sporting activity (including, but not limited to, baseball field, softball field,
basketball court, tennis court, soccer pitch, volleyball court, pickleball court,
horseshoe pits, lawn bowling and handball court), while said area is in use;
2. Within 25 feet of any playground, recreational water features, or exercise
area, while said area is in use;
3. Within 25 feet of any restroom facilities;
4. Within 25 feet of any community building or structure, indoor gym, dance
rooms, meeting rooms, arts and craft rooms, banquet halls, lounge, shaded
structures, patios, awnings, gazebos, BBQ stations, picnic pavilion, picnic
tables, recreation rooms, dog park, and bandshells;
5. Within 25 feet of any abutting residential parcel adjacent to a park.
E. Mobile vending within any park is prohibited daily between the hours of eight p.m.
(8:00 p.m.) and eight a.m. (8:00 a.m.) of the following day.
F. Notwithstanding Section 10.50.100(E)(18), mobile vendors of merchandise may
conduct mobile vending on unpaved portions of a park, so long as the vendor
adheres to all other mobile vendor operating requirements and park regulations.
Mobile vendors of food may not conduct mobile vending on unpaved portions of a
park.
10.50.130 Prohibited Activities.
The following activities are prohibited, which are directly related to objective of health,
safety, and welfare concerns, including, but not limited to, health, safety and welfare of
vendors, their prospective patrons, pedestrians, those protected by the Americans with
Disabilities Act, those operating motor vehicles at intersections and in rights-of-way
adjacent to sidewalks, and the public at large. Mobile vendors shall not:
A. Sell or offer to sell services, or engage in or offer to engage in any type of rental
activity, including the rental of any goods or services;
B. Display merchandise or food that is not available for immediate sale;
C. Utilize outdoor wood burning ovens, charcoal barbecues;
D. Utilize gasoline or kerosene;
E. Utilize portable generators unless approved by the Director, San Rafael Fire
Department and/or Marin County Environmental Health Services;
F. Except as otherwise specified in this chapter, conduct sidewalk vending activities
between the hours of eight p.m. (8:00 p.m.), and eight a.m. (8:00 a.m.) of the
following day, with the exception that sidewalk vending in nonresidential areas may
operate during hours consistent with the hours of operation of the businesses on
the same street block;
G. Utilize a motorized mobile vending cart;
H. Use any flashing lights or any other animated devices. Mobile vendors shall only
utilize the minimum amount of luminaires necessary for the safe operation of
sidewalk vending activities as determined by the City;
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I. Sell, use, or vend any of the following:
1. Live animal(s),
2. Adult-oriented material depicting, describing, or relating to specified
anatomical areas or specified sexual activities,
3. Alcoholic beverages, cannabis, marijuana, or tobacco products that contain
nicotine or any product used to smoke (or "vape") nicotine or marijuana,
4. Weapons, including knives, guns, or explosive devices; airsoft guns,
paintball guns, BB devices or imitation firearms,
5. Pharmaceuticals,
6. Illegal or counterfeit merchandise, or
7. Any other merchandise or products prohibited by local, state and federal
laws;
J. Utilize sound in violation of any City noise standard.
K. Allow a vending cart or other accessory equipment to touch, lean against or be
affixed or fastened at any time to any building, structure or above-ground structure,
including, but not limited to, poles, trees, lampposts, parking meters, mailboxes,
traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, waste
receptacles, or traffic barriers located in the public right-of-way;
L. Set up a customer seating area, such as, but not limited to, equipment, tables,
chairs, tents, or canopies;
M. Enter private property to solicit at any dwelling, including, but not limited to, a
house, apartment, duplex, condominium, gated community, or business without
explicit permission of the property owner or their designee.
10.50.140 Violations and Penalties.
A. By Persons With a Current and Valid Permit. A violation of this chapter, by a
sidewalk vendor who has a current and valid Mobile Vending Permit issued by the
City pursuant to this chapter, is punishable by an administrative citation under this
code, in the following amounts:
1. An administrative fine not exceeding $100.00 for a first violation;
2. An administrative fine not exceeding $200.00 for a second violation within
one year of the first violation; and
3. An administrative fine not exceeding $500.00 for each additional violation
within one year of the first violation.
B. By Persons Without a Current and Valid Permit. Any person engaged in mobile
vending without a current and valid Mobile Vending Permit issued pursuant to this
chapter is punishable by an administrative citation pursuant to Chapter 1.44 of this
code, in the following amounts:
1. An administrative fine not exceeding $250.00 for a first violation;
2. An administrative fine not exceeding $500.00 for a second violation within
one year of the first violation; and
3. An administrative fine not exceeding $1,000.00 for each additional violation
within one year of the first violation.
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4. Upon proof of a valid permit issued by the City, pursuant to this chapter, the
administrative fines set forth in this subsection B shall be reduced to the
administrative fines set forth in subsection A of this section, or any
successor sections, if such conduct would still constitute a violation of this
chapter.
C. The Director may revoke a permit issued to a sidewalk vendor for the term of that
permit upon the fourth violation or subsequent violations.
D. A violation of this chapter shall not be punishable as an infraction or misdemeanor
and a person alleged to have violated any provision of this part shall not be subject
to arrest except when otherwise permitted under law. Further, failure to pay an
administrative citation issued pursuant to this chapter shall not be punishable as
an infraction or misdemeanor. Additional fines, fees, assessments, or any other
financial conditions beyond those authorized herein shall not be assessed.
E. Any administrative citation issued pursuant to this chapter shall be accompanied
with notice of and instruction regarding the citee's right to request an ability-to-pay
determination. When assessing administrative citations pursuant to this chapter,
the administrative hearing officer shall take into consideration the person's ability
to pay the fine. The person may request an ability-to-pay determination at
adjudication or while the judgment remains unpaid, including when a case is
delinquent or has been referred to a comprehensive collection program.
F. If the person meets the criteria described in subdivision (a) or (b) of Government
Code Section 68632, or any successor sections, the City shall accept, in full
satisfaction, 20% of an administrative citation imposed pursuant to this chapter.
10.50.150 Ability-to-Pay Determination and Appeals.
A. Ability-to-Pay Determination. Any person issued an administrative citation
pursuant to this chapter may request a determination on the person's ability to pay
the administrative fine. The person may request an ability-to-pay determination at
any time prior to payment of the fine, including when a fine is delinquent or has
been referred to a comprehensive collection program.
1. The Director or hearing officer shall reduce the fine to 20% of the total if the
citee meets either of the following criteria:
a. The citee is receiving public benefits under Government Code
Section 68632(a), or any successor section; or
b. The citee has a monthly income which is 200% or less of the
current poverty guidelines updated periodically in the Federal
Register by the United States Department of Health and Human
Services.
B. Appeal of Administrative Citation. Any person issued an administrative citation
pursuant to this chapter shall have the right to appeal the issuance of the
administrative citation in accordance with and the time limits set forth in Chapter
1.44 of this code.
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1. Notwithstanding the provisions of Chapter 1.44 of this code, upon the
submission of proof of a valid permit issued by the City pursuant to this
chapter, any administrative fine imposed upon a mobile vendor who did not
have a valid permit at the time the administrative citation was issued shall
be reduced in accordance with Section 10.50.140(B)(4).
2. If the person meets the criteria described in subdivision (a) or (b) of
Government Code Section 68632, or any successor section, the hearing
officer shall accept, in full satisfaction, 20% of the administrative fine
imposed pursuant to this chapter.
3. The hearing officer may allow the person to complete community service in
lieu of paying the total administrative fine, may waive the administrative fine,
or may offer an alternative disposition.
C. Appeal of Denial or Revocation of Mobile Vending Permit.
1. Any person who has been denied a Mobile Vending Permit or who has had
a Mobile Vending Permit revoked by the Director or designee, or has had
their mobile vending cart, food, equipment, utensils, goods or merchandise
(collectively classified as "items") impounded pursuant to this chapter may
appeal such determination to the hearing officer, by filing a request for an
appeal with the City Clerk, and paying an appeal fee as set by resolution of
the City Council, within 21 calendar days of service of the notice of such
denial, revocation . The request for an appeal shall contain, at a minimum,
the following:
a. The name, current mailing address, and telephone number of
the appellant;
b. As applicable, the date of denial or rescission by the Director
or designee, ;
c. A statement as to all grounds for appeal in sufficient detail to
enable the hearing officer to understand the nature of the
controversy; and
d. The signature of the appellant under penalty of perjury as to
the contents of the request for appeal.
2. An appeal shall be scheduled for a hearing before the hearing officer within
30 calendar days of the filing of the appeal unless both the appellant and
the hearing officer consent to a later date.
3. The hearing officer shall give notice in writing to the appellant of the time
and location of the appeal hearing. At the hearing, the hearing officer shall
review the record of the decision for denial of a Mobile Vending Permit or
revocation of a Mobile Vending Permit by the Director and hear testimony
of the appellant, if any, the applicant, and any other interested party. The
appeal shall be reviewed and determined on a de novo basis.
D. After the hearing, the hearing officer shall affirm, modify, or reverse the original
denial or revocation t. When a denial or revocation is modified or reversed, the
hearing officer shall state the specific reasons for modification or reversal. .
4935-3821-1405 v3 19
Decisions on appeals shall be rendered within 30 calendar days of the close of the
hearing. The hearing officer shall mail notice of a decision to the appellant. Such
notice shall be mailed within five working days after the date of the decision to the
appellant. The decision of the hearing officer shall be final.
DIVISION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
This Ordinance is exempt from the California Environmental Quality Act (CEQA),
pursuant to the “common sense exemption” in Section 15061(b)(3) of Title 14 of the
California Code of Regulations, since it can be seen with certainty that there is no
possibility that the adoption of this Ordinance may have a significant effect on the
environment.
DIVISION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portion of this
Ordinance. The City Council of the City of San Rafael hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases shall be declared invalid.
DIVISION 4. EFFECTIVE DATE OF ORDINANCE.
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published and circulated in the City of
San Rafael, and shall be in full force and effect on December 3, 2025. If published in
summary form, the summary shall also be published within fifteen (15) days after the
adoption, together with the names of those Council members voting for or against same,
in a newspaper of general circulation published and circulated in the City of San Rafael,
County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of
the San Rafael City Council on the 20th day of October 2025, and was passed and
adopted at a regular meeting of the San Rafael City Council on the 3rd day of November
2025 by the following vote, to wit:
4935-3821-1405 v3 20
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
KATE COLIN, Mayor
Attest:
LINDSAY LARA, City Clerk