At-a-Glance Summary for Sidewalk Vendors

(an excerpt of Morro Bay Municipal Code Section 5.60)

The purpose of a sidewalk vendor permit is to help promote entrepreneurship while ensuring the protection of public health, safety, and welfare. These requirements are put in place to ensure that traffic from vehicles and pedestrians in the public right-of-way are not affected, vending does not negatively impact public safety, and to confirm that food vendors follow County of San Luis Obispo public health requirements.

Permitting Requirements

City of Morro Bay Business Tax Certificate. All businesses operating in the City of Morro Bay, including sidewalk vendors, must obtain and maintain a valid Business Tax Certificate.

Sidewalk Vending Permit. Sidewalk vendors must obtain and maintain a valid sidewalk vendor permit. The permit is issued by the Planning Division, valid for one year from the date of issuance and must be renewed no later than ninety days before the expiration of the current permit. An application may be downloaded from the City’s website. The permit application fee for the 2024-2025 fiscal year is $391.

Food Product Vendors

In addition to the requirements listed above, vendors selling food products must also have a San Luis Obispo County Food Handler Card. All food handlers are required to acquire a San Luis Obispo Food Handler Card.

Operating Rules

Sidewalk vendors must adhere to the following guidelines:  

1. Display. Display or have available a valid sidewalk vending permit.
2. Time Restrictions. 8:00 AM – 9:00 PM in residential districts.
3. Carts. 
   1. The total area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of five feet, a width of three feet, and a height, including roof or awning, of six feet.
   2. With the exception of trash receptacles, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, umbrellas, rack, sandwich board or other free-standing signage to increase the selling or display capacity of the cart unless such items are explicitly requested in the permit application and approved.
   3. Carts must be equipped with their own power and water supplies, if needed. Sidewalk vendors shall not use a power source or water source owned by the city or another person without such owner’s consent.
   4. No cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.
   5. No cart may be left unattended at any time. This includes being stored, parked, or left overnight on any public street or right-of-way, or in any public park. 
4. Signage.
   1. All signage related to the vending operation shall be affixed to the cart, shall not protrude beyond the physical limits of the cart, and shall not exceed three square feet.
   2. No cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, businesses, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, animation, or excessive fumes. 
5. Trash and Cleanliness.
   1. All sidewalk vendors shall:
      1. Provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles located on any block for use by the general public. Trash may not be disposed of in existing trash receptacles on sidewalks.
      2. Immediately clean up any food, grease or other fluid or item related to the vending operation that is discharged on public property. 
6. Sales and Merchandise.
   1. Vendors shall not sell any food or merchandise that is not listed in the vending permit application.
   2. Vendors may not rent merchandise to customers.
   3. Vendors shall not sell alcohol, cannabis products, adult-oriented material, or vaping or tobacco products or paraphernalia. 
7. Interactions with the Public.
   1. No sidewalk vendor may solicit business from or conduct business with persons in motor vehicles on a public street. Vendors shall also not approach the entrance of any residence or business with the purpose of soliciting business.
   2. Vendors shall not harass any member of the public or approach members of the public to sell food or merchandise in a park.
   3. Vendors shall not block or impede the path of any member of the public, or block or impede the entrance to any building, park, bench, or other area.
   4. All persons operating a cart shall stay within ten feet of the cart while the business is in operation.
8. Fire Safety.
   1. Sidewalk vendors shall not cook with, or otherwise use, an open flame without specific approval by the Morro Bay Fire department.
   2. Tanks containing propane or natural gas, large batteries, and any other container holding a combustible or flammable material shall be contained within a non-visible portion of the cart to prevent access by the public.
9. Operations After Dark.
   1. Any cart operated before sunrise or after sunset, or in a location with insufficient lighting, shall be equipped with enough lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.
10. Inspection.
    1. Sidewalk vendors shall allow City of Morro May personnel to inspect their cart for compliance with the City of Morro Bay Municipal Code.

Location Restrictions

1. Prohibited Locations. Sidewalk vending is prohibited in the following locations:
   1. Beaches, scenic pathways, and state-owned property in the City without evidence of state authorization for such activities. This includes Morro Strand Campground, Morro Bay Golf Course, Morro Bay State Park, Morro Bay Dog Beach, public beaches from Morro Rock to North Point Natural Area (including beach parking lots), North Point Natural Area, Eagle Rock, the public launch ramp, Black Hill Trail, Morro Bay Estuary, South Bay Blvd. Mountain Bike Trails and Parking Lots (Cerro Cabrillo/Park Ridge Rock), and Anchor Memorial Park.
   2. Within:
      1. One hundred feet from a police station or fire station.
      2. Fifteen feet of a fire hydrant or fifteen feet of a transit stop.
      3. Fifteen feet of the outer edge of a driveway or driveway apron or any location that obstructs visibility for vehicles entering or existing from a driveway.
      4. Adjacent to any marked loading zone or bus zone.
      5. Five feet of a curb return.
      6. Any residential district (for stationary vendors).
      7. Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than four feet or impedes access to or the use of abutting property, including but not limited to, residences and places of businesses.
      8. One hundred feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet during the operating hours of the certified farmers’ market or swap meet.
      9. One hundred feet of any portion of a City-permitted special event including but not limited to parades, concerts, and moving filming, unless the vendor has received a permit to vend as part of the event. For moving events, within one hundred feet of any portion of the approved event route, unless the vendor has received a permit to vend as part of the event.
   3. Any area other than a public sidewalk or other approved area within a public right-of-way.
      1. Stationary sidewalk vendors may not be located on a public sidewalk that is less than ten feet wide.
2. Limited Opportunity Areas. The City of Morro Bay has unique characteristics that require limitations on sidewalk vending activities for safety, health and accessibility. The Community Development Director is authorized to establish additional restrictions on sidewalk vending in limited opportunity areas, provided such restrictions shall comply with state law and shall be reasonably necessary to protect and promote safety, health and accessibility. Such limitations may include, but are not limited to, the number of sidewalk vending permits issued and hours of operation. Applicants will be notified of the limitations or special restrictions applicable to limited opportunity areas upon request and upon review of the sidewalk vending permit application. These areas include: 
   1. Coleman Drive (from Embarcadero to Morro Rock Parking Lot)
   2. Entire length of Embarcadero Road

Penalties

1. A violation of the sidewalk vending regulations may be punished by an administrative fine not exceeding $100 for a first violation. Subsequent violations within the first year may be punished by increased fines, according to the fine schedule set forth in MBMC § 5.60.090(A).
2. Vending without a sidewalk vendor permit may be punished by an administrative fine not exceeding $250 for a first violation. Subsequent violations within the first year may be punished by increased fines, according to the fine schedule set forth in MBMC § 5.60.090(B). 

Reporting a Violation

For complaints regarding food safety concerns or health permits for food vendors, call the County Department of Environmental Health Services, Food Safety Program at 805-781-5544. For other complaints, contact Code Enforcement at 805-772-2233.

Application

Click here to view and download the Sidewalk Vending application Application.

Last modified: June 18, 2024