Sidewalk Vending in Cotati
State law (SB 946) now allows sidewalk vending of food and merchandise on public sidewalks and in parks, subject to certain restrictions. Sidewalk vendors may prepare food and make sales from a pushcart, stand, wagon, or other nonmotorized conveyance, or from their person, and they may be roaming or stationary.
In Cotati, the following rules apply to sidewalk vendors:
• Vendors may not block the sidewalk; they must maintain a minimum 4 feet clear passing space at all times.
• Stationary sidewalk vendors are prohibited in areas zoned exclusively for residential use (the Rural Residential (RR) and Residential Very Low Density (RVL) zones). • Vendors do not require permission from adjacent property owners or any other private entity to operate on public sidewalks and in public parks.
• Vendors selling prepared food (examples include hot dogs, tamales, shaved ice, fruit cups, pre-cooked corn, popcorn, roasted nuts, and churros) must have and display a current permit from Sonoma County Environmental Health.
• Vendors with less than 25 square feet of display space AND selling only prepackaged food (examples include chips and bottled water) or whole uncooked produce are not required to have health permits. • Vendors stopped at one location for over an hour must have access to a permanently installed restroom within 200 feet.
• Sidewalk vending of alcoholic beverages, cannabis products, tobacco products, or other legally controlled substances is prohibited.
• Sidewalk vendors are required to have and display a Cotati business license. • Sidewalk vendors shall maintain a clean and trash-free 10-foot radius around their stand. • When departing a location used for vending the sidewalk vendor shall remove all trash and debris from the location.
• Sidewalk vendors shall immediately clean up any food, grease, or other fluid or item related to their vending activities that falls onto the sidewalk or other public property. • Vendors must comply with the City of Cotati Noise Ordinance. • Vendors may not operate in the following manner or locations:
oIn any area that serves to provide ADA access
oIn any area blocking access to a business, residence, public facility or street furniture, bike racks, etc. oWithin 100 feet of the Cotati Farmer’s market (when operating) or other City approved events oIn any City park outside of the posted open hours of the park, or if the park has no posted hours, between the hours of 8:00pm and 9:00am
Questions?
Contact Noah Housh, Community Development Director, City of Cotati [email protected] 707-665-3636
EnvironmentalHealth 625 5th Street, Santa Rosa,CA95404707-565-6565 [email protected] https://sonomacounty.ca.gov/Health/Environmental-Health-and-Safety/ Compact Mobile Food Operations
On September 23, 2022, Governor Newsom signed SB 972, a bill that modifies the California Retail Food Code (CRFC) and allows some sidewalk food vendors to obtain public health permits.
The new law established a new retail food facility, among other changes, and is effective on January 1, 2023.
Compact Mobile Food Operation (CMFO) in section 113831 of the CRFC is defined as a “mobile food facility that operates from an individual or from a push cart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.”
A CMFO may have non-prepackaged food and conduct limited food preparation with potentially hazardous foods and non-potentially hazardous foods. Examples of menu items that easily fit within limited food preparation include but are not limited to: hot dogs, shaved ice, roasted nuts, popcorn, churros, fruit cups, precooked corn, and tamales. The menu that can be prepared from a CMFO depends on the equipment present on the CMFO.
Before operation begins, a CMFO will need the following:
• Health permit required.
• Commissary which can either be a permitted food facility or a permitted Cottage Food Operation (CFO) Class B. A CFO can serve as a commissary for a maximum of 2 CMFO’s with endorsement from Environmental Health.
• Handwashing is required if there is handling of open food on the CMFO. • Warewashing is required if there is handling of raw meats, raw poultry, or raw fish on the CMFO.
• Mechanical refrigeration is required for cold holding potentially hazardous foods at or below 41°F. Hot-holding unit is required for hot holding potentially hazardous foods at or above 135°F.
• Food handler cards required.
• Potentially hazardous food prepared at an approved facility and served from a CMFO shall be destroyed at the end of the operating day.
• Restroom access if parked at one location for more than 1 hour. • Routine inspection conducted annually.
Exemptions: A health permit and an inspection may not apply for CMFOs that have less than 25 square feet of display space AND sell only non-potentially hazardous prepackaged food or whole uncooked produce.
For more information, please contact Sonoma County Environmental Health at (707) 565- 6565 or visit us at: https://sonomacounty.ca.gov/Health/Environmental-Health-and-Safety/