Joint Special Council/BFPD
03/3/26 06:00 PM
City Manager Department
Matthew Summers
General Plan Amendments
Doc ID: 6321
COUNCIL AGENDA ITEM
AGENDA MATTER:
SECOND READING OF ORDINANCE NO. 1041-2026 OF THE CITY OF BARSTOW AMENDING CHAPTER 5.40 OF THE BARSTOW MUNICIPAL CODE REGARDING OUTDOOR VENDING
REGULATION
EXECUTIVE SUMMARY:
The proposed ordinance amends Chapter 5.40 of the Barstow Municipal Code to clarify and update the City’s existing sidewalk vending regulations and to address enforcement issues identified since its adoption. The amendments distinguish between two activities being regulated:
Sidewalk vending, which is regulated consistent with state law; and Non-sidewalk outdoor vending activities, which are not currently regulated and present separate public health and safety concerns.
At the February 17, 2026 meeting, staff introduced their recommended changes to the existing sidewalk vending regulations via Ordinance No. 1041-2026 amending Barstow Municipal Code Chapter 5.40 (Sidewalk Vending Permit). The ordinance is presented for its second reading and adoption.
DISCUSSION:
Background and Purpose
The City has seen increased outdoor vending activity. While state law limits local regulation of sidewalk vending, it does not impose similar limits on the regulation of non-sidewalk outdoor vending. The City’s current regulations of sidewalk vending are found in Chapter 5.40 of the Barstow Municipal Code. The proposed ordinance does not replace the City’s existing sidewalk vending framework; rather, it amends, clarifies, and expands Chapter 5.40 to address enforcement gaps, align the code with state law, and regulate non-sidewalk outdoor vending activity that is not currently addressed, while addressing public health, safety, and accessibility concerns citywide, such as food safety, ADA clearance, sightline obstructions, emergency access, noise, and congestion.
Overview of Key Proposed Amendments to Chapter 5.40
Renaming and Reorganization of Chapter 5.40
The chapter is retitled from “Sidewalk Vending Permit” to “Outdoor Vending” to reflect its expanded scope.
Modifications to Increase Consistency with State Law
Government Code Sections 51036 through 51039 place limits on how cities can regulate sidewalk vendors. The ordinance makes several changes to Chapter 5.40 to improve its consistency with state law, which strengthens the enforceability of Chapter 5.40. These changes include:
Revising the definition of “sidewalk vending” to clarify that it applies to sidewalk vendors on all Joint Special Council/BFPD
03/3/26 06:00 PM
City Manager Department
Matthew Summers
General Plan Amendments
Doc ID: 6321
COUNCIL AGENDA ITEM
public pedestrian paths and not just “paved” pedestrian paths. (Gov. Code, § 51036(a).) Allowing sidewalk vendor permit applicants to provide a municipal identification number as a form of identification. (Gov. Code, § 51038(c)(1)(D)(i).) Removing the requirement that sidewalk vendor permit applicants undergo a fingerprint background check. (Gov. Code, § 51038(c)(1)(D)(iii)(I).) Clarifying that the City may revoke a sidewalk vendor permit upon the fourth or subsequent sidewalk vending violation. (Gov. Code, § 51039(a)(2).) Authorizing the Community Development Department Director to (i) allow a person who was issued a fine for a sidewalk vending violation to complete community service in lieu of paying the total fine; (ii) waive the fine; or (iii) offer an alternative disposition. (Gov. Code, § 51039(f)(3).) Clarification and Expansion of Definitions
The ordinance updates and adds definitions to clarify what constitutes sidewalk vending versus other forms of outdoor vending; defines terms of art; and improves clarity and enforceability of Chapter 5.40.
Modifications to Sidewalk Vending Permits
While Chapter 5.40 already requires a sidewalk vending permit, the amendments make the following changes to refine the existing permitting structure:
Expressly state that vending without a permit is unlawful. Add application requirements for stationary sidewalk vendors, including submission of a site plan demonstrating a minimum 48-inch accessible route.
Clarify that permits are non-transferable and that permittees are responsible for their agents. Add insurance and indemnification provisions as conditions of permit issuance.
Updates to Operating Standards for Sidewalk Vendors
The ordinance modernizes and clarifies operational and enforcement standards by:
Joint Special Council/BFPD
03/3/26 06:00 PM
City Manager Department
Matthew Summers
General Plan Amendments
Doc ID: 6321
COUNCIL AGENDA ITEM
Prohibiting the use of amplified sound.
Requiring vending equipment to be attended at all times, rather than regulating overnight storage.
Adding explicit references to fire hydrants, curb ramps, and driveways in obstruction prohibitions.
Adjustment of Hours and Location Standards
Existing hour limitations are clarified by expressly tying non-residential sidewalk vending hours to the hours of operation of businesses on the same or adjacent street-facing blocks.
Revisions of Penalty and Enforcement Provisions
The ordinance restructures the penalty section as follows:
Allows issuance of administrative citations and fines to persons who refuse to identify themselves
Authorizes permit rescission after repeated violations. Adds procedural tools for enforcement where a vendor refuses to provide identification.
New Regulations for Non-Sidewalk Outdoor Vending
The most substantive change to Chapter 5.40 is the addition of new sections regulating outdoor sales and displays not occurring on public sidewalks and pedestrian paths, which are not currently regulated under the existing Chapter 5.40. These changes include:
Prohibitions on outdoor vending on private property unless conducted within an enclosed building.
Limitations on outdoor sales on City property outside sidewalks, parks, and pedestrian paths. Limited exceptions for activities such as permitted events, farmers’ markets, yard sales, nonprofit fundraising, and similar uses.
Joint Special Council/BFPD
03/3/26 06:00 PM
City Manager Department
Matthew Summers
General Plan Amendments
Doc ID: 6321
COUNCIL AGENDA ITEM
Impoundment and Appeal Procedure
The ordinance adds detailed impoundment, notice, and appeal procedures.
Police Department Enforcement Plan
The Barstow Police Department’s enforcement strategy will include educating officers on decriminalized vending and the appropriate process for involving code enforcement, who can issue administrative citations. The department will also provide officers with training regarding appropriate criminal enforcement for non-decriminalized vending. The Police Department will work with Code Enforcement to educate vendors who are not aware of the requirements under current law and the proposed changes.
The interaction with the vendors will be balanced between education and enforcement based on prior contacts and needs of the community.
CEQA
Adoption of this ordinance is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 5061(b)(3) and 15378(b)(5).)
Attachments
Attachment 1 - Ordinance Amending Chapter 5.40 of the Barstow Municipal Code Regarding Outdoor Vending Regulation.
Attachment 2 - Presentation on Amendments to Chapter 5.40 FISCAL IMPACT:
Implementation will require permit processing and enforcement. These costs are expected to be largely, if not wholly, offset by permit processing fees and administrative fines.
RECOMMENDED ACTION:
Joint Special Council/BFPD
03/3/26 06:00 PM
City Manager Department
Matthew Summers
General Plan Amendments
Doc ID: 6321
COUNCIL AGENDA ITEM
Staff recommends that the City Council hold a second reading and adopt Ordinance No. 1041-2026 amending Chapter 5.40 of the Barstow Municipal Code regarding outdoor vending regulation.