Joint Special CC/BFPD/Odesa
02/17/26 05:15 PM
City Clerk / Records
Maribel Hernandez
Ordinance
Doc ID: 6305
COUNCIL RESOLUTION
AGENDA MATTER:
FIRST READING OF ORDINANCE NO. 1041-2026 AMENDING CHAPTER 5.40 OF THE BARSTOW
MUNICIPAL CODE REGARDING OUTDOOR VENDING REGULATION
EXECUTIVE SUMMARY:
The proposed ordinance updates Chapter 5.40 of the Barstow Municipal Code to modernize regulations governing outdoor vending. The amendments distinguish between sidewalk and non-sidewalk vendors, establish objective permitting and safety standards, and align City regulations with state law. The ordinance is intended to protect public health, safety, accessibility, and pedestrian use of public spaces while allowing lawful vending activity.
DISCUSSION:
Outdoor vending activity has increased throughout the City in recent years. While state law limits a city’s ability to regulate sidewalk vendors operating on public sidewalks, pedestrian paths, and parks, local agencies retain authority to adopt objective regulations related to health, safety, and accessibility.
The current municipal code does not fully distinguish between sidewalk vendors and other outdoor vendors operating on private property or in areas not governed by Government Code section 51036. As a result, enforcement has been difficult and inconsistent. Staff worked with the City Attorney’s Office to update the ordinance to:
Align with state sidewalk vending law
Clarify permitting requirements
Establish enforceable accessibility and safety standards Address non-sidewalk outdoor vending activity
Provide clear administrative citation and appeal procedures
DISCUSSION
The proposed ordinance includes the following key updates:
Renames Chapter 5.40 to Outdoor Vending
Creates updated definitions distinguishing vendor categories Establishes annual permit requirements
Requires health and seller permits consistent with County and State law Maintains ADA clearance standards on sidewalks
Regulates hours of operation in residential and non-residential areas Joint Special CC/BFPD/Odesa
02/17/26 05:15 PM
City Clerk / Records
Maribel Hernandez
Ordinance
Doc ID: 6305
COUNCIL RESOLUTION
Prohibits sales of age-restricted items
Establishes spacing requirements to prevent congestion Clarifies enforcement, administrative fines, and appeals Establish ability-to-pay determinations consistent with state law Adds limitations on outdoor sales on private and public property Establishes impoundment procedures consistent with legal limits Includes CEQA exemption findings
These updates provide the City with objective, legally defensible regulations while preserving lawful sidewalk vending activities.
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
Introduce Ordinance No. 1041-2026 amending Chapter 5.40 of the Barstow Municipal Code regarding outdoor vending regulation; and
Waive the full reading of the Ordinance.