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ORDINANCE NO. 2018-19 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, CREATING A <br />PROGRAM TO REGULATE AND PERMIT SIDEWALK <br />VENDING PURSUANT TO CALIFORNIA SENATE BILL 946 <br />WHEREAS, on September 17, 2018, California Governor Edmund Gerald Brown <br />signed Senate Bill ("SB") 946 into law, which regulates sidewalk vendors throughout the <br />state including within the City of Newport Beach ("City"); <br />WHEREAS, SB 946 takes effect January 1, 2019, and limits the authority of the <br />City to regulate sidewalk vendors, except as provided under California Government Code <br />Sections 51038 and 51039; <br />WHEREAS, the Newport Beach Municipal Code ("NBMC") currently prohibits or <br />limits the activities of sidewalk vendors, which places the NBMC in conflict with SB 946; <br />WHEREAS, the City Council adopts this ordinance under the authority of SB 946 <br />and the City Council finds the regulations and requirements provided in this ordinance <br />are directly related to the City's objective in protecting the health, safety and welfare of its <br />residents, businesses, and visitors; <br />WHEREAS, the City Council finds this ordinance regulates the time, place, and <br />manner of sidewalk vending, as specified, to address health, safety, and welfare <br />concerns, <br />WHEREAS, the City Council finds the regulations in this ordinance, including, but <br />not limited to those regulations governing minimum sidewalk widths, sidewalk vending <br />receptacle sizes, distance requirements, and food and merchandise storage are <br />necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 <br />(Public Law 101-336) and other disability access standards; <br />WHEREAS, the City Council finds this ordinance is necessary to ensure the <br />public's use and enjoyment of natural resources and recreational opportunities; and <br />WHEREAS, the City Council finds this ordinance is necessary to prevent an undue <br />concentration of commercial activity that unreasonably interferes with the scenic and <br />natural character of City parks. <br />NOW THEREFORE, the City Council of the City of Newport Beach ordains as <br />follows: <br />