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File #: 19-403    Version: 2
Type: Administrative Items Status: Passed
File created: 3/22/2019 In control: City Council/Public Financing Authority
On agenda: 4/15/2019 Final action: 4/15/2019
Title: Approve for Introduction Ordinance No. 4179 adding Chapter 5.100 to the Huntington Beach Municipal Code establishing a Sidewalk Vending Permitting and Regulatory Program, repealing Ordinance No. 4177 which established an Interim Sidewalk Vending Program, and repealing Section 5.50.170(F) which prohibits Vending from a Human Powered Conveyance
Attachments: 1. Att 1 - Ordinance No. 4179 - Adding Ch. 5.1 Sidewalk Vending.pdf, 2. Att 2 - Legislative Draft.pdf
REQUEST FOR CITY COUNCIL ACTION

SUBMITTED TO: Honorable Mayor and City Council Members

SUBMITTED BY: Fred A. Wilson, City Manager

PREPARED BY: Gilbert Garcia, Chief Financial Officer

Subject:
title
Approve for Introduction Ordinance No. 4179 adding Chapter 5.100 to the Huntington Beach Municipal Code establishing a Sidewalk Vending Permitting and Regulatory Program, repealing Ordinance No. 4177 which established an Interim Sidewalk Vending Program, and repealing Section 5.50.170(F) which prohibits Vending from a Human Powered Conveyance
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Statement of Issue:
The City Council previously adopted Emergency Ordinance No. 4177, effective through May 23, 2019, to regulate Sidewalk Vending. The Emergency Ordinance followed the enactment of Senate Bill ("SB") 946, adding Government Code Sections 51036-51039, which impose limits on how local authorities regulate sidewalk vending. SB 946 took effect on January 1, 2019.
The purpose of Ordinance No. 4179 is to readopt permanently into the Municipal Code the Temporary Regulations previously enacted.

Financial Impact:
None

Recommended Action:
recommendation
Approve for Introduction Ordinance No. 4179, "An 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, Repealing Ordinance No. 4177, Which Established An Interim Sidewalk Vending 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 approve and direct staff accordingly.

Analysis:
On January 22, 2019, the City Council previously adopted Emergency Ordinance No. 4177, effective through May 23, 2019, to regulate Sidewalk Vending. The Ordinance responded to State Legislation deregulating and attempting to preempt city laws regarding Sidewalk Vending.

Ordinance No 4179 is nearly identical to No. 4177, except that it permanently adopts Ordinance No. 4177's regulat...

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