REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E. Gates, City Attorney
PREPARED BY: Michael E. Gates, City Attorney
Subject:
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Adopt Emergency Ordinance No. 4177 adding Chapter 5.100 to the Huntington Beach Municipal Code (HBMC) establishing a Sidewalk Vending Permitting and Regulatory Program and repealing Section 5.50.170(F) which prohibits vending from a human powered conveyance
Five Affirmative Votes are required to adopt per Charter Section 501
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Statement of Issue:
The City of Huntington Beach currently prohibits Sidewalk Vending. On September 18, 2018, Governor Brown signed into law Senate Bill ("SB") 946, adding Government Code Sections 51036-51039, which impose limits on how local authorities, may regulate sidewalk vending. SB 946 took effect on January 1, 2019. The purpose of this Emergency Ordinance is to immediately establish a Sidewalk Vendor Permitting and Regulatory Program to encourage small business activities by removing total prohibitions on Sidewalk Vending and providing for the immediate regulation and enforcement of unpermitted Sidewalk Vending Activities to protect the publics' health, safety and welfare.
Financial Impact:
Not applicable.
Recommended Action:
recommendation
Adopt Emergency Ordinance No. 4177, "An Emergency Ordinance of the City of Huntington Beach Adding Chapter 5.100 To The Huntington Beach Municipal Code Establishing A Sidewalk Vending Permitting And Regulatory Program And Repealing Section 5.50.170(F) Which Prohibits Vending From A Human Powered Conveyance."
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Alternative Action(s):
Do not adopt Emergency Ordinance No. 4177, and provide Council direction.
Analysis:
As discussed, the City of Huntington Beach currently prohibits Sidewalk Vending. The State has recently adopted legislation that attempts to deregulate, on the local level, sidewalk vending by attempting to preempt city laws with regard to Sidewalk Vending. This State la...
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