§ 22.30.330. Outdoor Retail Sales.

This Section provides standards for the conduct of temporary outdoor retail sales activities including farmers' markets, home sales, sales from individual vehicles, seasonal sales and sidewalk sales. Permanent outdoor retail sales activities are subject to Section 22.30.530 (Sales lots and Swap Meets) and Section 22.30.075 (Agricultural Retail Sales).

A.

General requirements. The following standards apply to all temporary outdoor retail sales activities unless otherwise provided in Subsections B. through G.

1.

Permit requirement. Business License Clearance.

2.

Hours of operation. Daylight hours only, with all sales facilities, signs and any related vehicles removed from the site at the close of daily business. Except where otherwise provided by this Section, night operations are allowed only when specifically authorized through Conditional Use Permit approval.

3.

Parking requirement. None, provided sufficient open area is available to accommodate all employee and customer parking needs either on the site or on adjoining property, entirely outside of public rights-of-way other than designated parking spaces.

4.

Food sales. The sale of raw or processed foodstuffs is subject to Chapter 8.04 of the County Code (Food and Drink Establishments), and any other applicable regulations of the County Health Department or Agricultural Commissioner.

5.

Signs. Signs allowed in conjunction with outdoor retail sales are subject to the provisions of Chapter 22.20 except where otherwise provided in this Section.

B.

Art and craft sales. The temporary outdoor sale of handcrafted items and artwork is allowed only in conjunction with a temporary event (Section 22.30.610), except as otherwise provided by this Section.

C.

Farmers' markets. A farmers' market in compliance with this Section is the temporary use of a site for the sale of food and farm produce items from parked vehicles. Farmers' markets are subject to all applicable provisions of Sections 1392 et seq. of the California Food and Agriculture Code. (The sale of agricultural products in roadside stands is subject to Section 22.30.056; the sale of seasonal agricultural products is subject to Subsection F.)

1.

Permit requirement. Minor Use Permit approval.

2.

Limitation on use. Farmers' markets are limited to the sale of food and produce items, including raw and prepared foodstuffs, plants and cut flowers.

3.

Location. Farmers' markets are limited to the Agriculture, Commercial, Industrial, Public Facilities and Recreation land use categories.

4.

Duration of use. Farmers' markets shall occur no more than three days per week on any site, unless the Minor Use Permit approval specifically authorizes a longer duration.

D.

Home sales. Garage sales and the temporary sale of handcrafted items and artwork produced by an authorized home occupation are allowable as set forth in Section 22.30.230.G.1.

E.

Sales from parked vehicles or temporary stands. This use involves the retail sale of various commodities from a vehicle or temporary, portable stand, parked or located outside the public right-of-way. Sales from a vehicle within the public right-of-way are subject to Title 6 of the County Code. Sales lots and swap meets are subject to Section 22.30.530. Farmers markets are subject to Subsection C.

1.

Permit requirement. Business License Clearance. When submitted to the Department of Planning and Building for approval, the Business License application shall be accompanied by the following:

a.

A site layout plan showing the location of proposed sales in relation to other uses, buildings and activities on the site; and

b.

Written authorization from the owner of the site proposed for the sales use; and

c.

A statement of intent shall be filed with the Planning and Building Department at the time of Business License Clearance, which shall include the applicant's acknowledgment of acceptance of the responsibility to conduct business operations in conformity with this Section and all other applicable requirements.

2.

Location. Sales from vehicles are not to occur in any Residential or Office and Professional land use category and are limited to a maximum of one such operation per legal lot and no more than one vendor per 300 lineal feet of street frontage, unless the subject site is authorized as a farmers' market in compliance with Subsection C., or a swap meet in compliance with Section 22.30.530.

3.

Duration of use. Sales from vehicles shall occur no more than two days per week, except that such sales may also occur on national and state holidays. More frequent use may be authorized through Minor Use Permit approval.

4.

Operational standards. When not in use, any commercial vehicle from which sales are conducted shall be stored within an enclosed garage, or on a site in a Commercial or Industrial category.

5.

Signs. Signs for sales from vehicles are limited to a maximum aggregate area of 20 square feet.

F.

Seasonal sales. Seasonal sales include the retail sale of seasonal products such as pumpkins and Christmas trees. Where allowed, fireworks sales are subject to the requirements of the applicable fire protection agency, in addition to the requirements of this Section.

1.

Time limit. The length of time during which seasonal sales may occur is as follows.

a.

Seasonal products grown on-site. When the seasonal products sold are produced by an on-site agricultural operation, no time limit applies, provided that such sales are conducted in compliance with Section 22.30.075 (Agricultural Retail Sales) or Crop Production and Grazing when not involving a structure that requires a building permit.).

b.

Non-agricultural or off-site products. The seasonal sale of non-agricultural products, or agricultural products grown in a location separate from sales, is limited to 45 days.

2.

Location. Seasonal sales shall be conducted only in the land use categories authorized for this use by Section 22.06.030 (Allowable Land Uses and Permit Requirements) in the following locations:

a.

On the site where the seasonal agricultural products were grown; or

b.

Outside of any public road right-of-way unless an encroachment permit is approved by County Public Works. A shopping center parking lot may be used only where no more than 20 percent of the parking spaces shall be occupied by seasonal sales activities.

3.

Guarantee of site restoration. A bond or cash deposit is required to guarantee site restoration after use, and operation in compliance with the standards of this Section, except when sales of agricultural seasonal products occur on the site where they are grown. When required, the guarantee shall be in the form established by Section 22.64.040 (Performance Guarantees), in the amount of $50.00 for each 5,000 square feet of use area.

4.

Hours of operation. Between 7:00 a.m. and 10:00 p.m. when located in the Agriculture, Rural Lands, Residential Rural or Recreation categories; no limitation in other categories.

G.

Sidewalk and parking lot sales. Sidewalk and parking lot sales in the Commercial Retail category shall comply with the following requirements. Parking lot sales differ from "sales from parked vehicles or temporary stands" (Subsection E.) in that sidewalk and parking lot sales are infrequent, promotional events involving the majority of merchants in a shopping center (as defined in Article 8, "Shopping Center"). Sidewalk and parking lot sales shall be.

1.

Located within a central business district or shopping center parking lot; and

2.

Conducted by the merchants of shops abutting the sidewalk or parking lot; and

3.

Authorized by an encroachment permit issued as set forth in Chapter 13.08 of the County Code (Encroachment) when located within the public right-of-way; and

4.

Conducted no more often than two days in every 30 days.

[Amended 1982, Ord. 2091; 1992, Ord. 2553] [22.08.142]