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File #: 19-103    Version: 1
Type: Administrative Items Status: Passed
File created: 1/14/2019 In control: City Council/Public Financing Authority
On agenda: 1/22/2019 Final action: 1/22/2019
Title: 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
Attachments: 1. Att#1 - Ordinance No. 4177.pdf, 2. Att#2 - Legislative Draft.pdf, 3. Sup Com 01-22-19 #31 (19-103) Email Comment from M M.pdf
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:
title
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
body

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."
end

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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