Fremont City Council Meeting: 10/06/26 07:00 PM
3300 Capitol Avenue Div/Dept: Revenue
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5806) DOC ID: 5806
Updated: 10/1/2026 10:23 AM by Alberto Quintanilla Page 1 Introduction and First Reading of an Ordinance Amending Fremont Municipal Code Title 5, Chapter 5.35 (Vendors and Solicitors) to Align Local Regulations with State Sidewalk Vending Law
Contact Persons:
Name: Kristi Bartelmie David Persselin
Title: Revenue Division Manager Finance Director
Div/Dept: Revenue Finance Department
Phone: 510-494-4797 510-494-4631
E-Mail: [email protected] [email protected]
Executive Summary: Staff recommends that the City Council introduce and waive the first reading of an ordinance amending Fremont Municipal Code (FMC) Title 5, Chapter 5.35 (Vendors and Solicitors), Sections 5.35.010,
5.35.020, 5.35.090; and adding Section 5.35.045. Recent amendments to state law governing sidewalk vending require local jurisdictions to update their regulations to ensure compliance with Government Code Section 51036 et seq. The proposed ordinance brings Fremont’s sidewalk vending rules into alignment with state law while maintaining health, safety, and accessibility requirements for public spaces.
Background: In 2019, California adopted SB 946, regulating sidewalk vending statewide and limiting local authority to regulate vendors. Since that time, the Legislature has continued refining sidewalk vending provisions to clarify local enforcement standards and vendor protections.
Recent amendments to Government Code Section 51036 et seq. limit any enforcement of sidewalk vendors by cities to comply with the requirements in State law. Specifically, the new State laws prohibit criminal enforcement or impoundment of equipment of sidewalk vendors by cities and only allows enforcement through administrative fines that comply with statewide standards. Any regulation of sidewalk vendors by cities must be substantiated by findings that the regulation is for objective health, safety and welfare purposes. An application for a sidewalk vending business permit cannot include a criminal history, background check, or fingerprinting. In addition, cities cannot ban sidewalk vending in locations merely because they would compete economically with brick and mortar stores and cannot restrict the hours of sidewalk vending to those more restrictive than other businesses on the same street.
Council Staff Report (ID # 5806) Meeting of October 6, 2026 Updated: 10/1/2026 10:23 AM by Alberto Quintanilla Page 2 Fremont’s current Chapter 5.35 predates these legislative changes. The proposed ordinance updates the ordinance to comply with State law.
Discussion/Analysis: Based on the changes to State law, the proposed amendments define sidewalk vendor to match State law and exempts sidewalk vendors from many of the current provisions of the FMC.
Specifically, sidewalk vendors are exempt from criminal history inquiries, background checks, and fingerprinting. Consequently, the amendments exempt sidewalk vendors from these requirements that other vendors must comply with.
State law also requires that any local restriction of sidewalk vendors be related to objective health, safety and welfare concerns, but State law also specifically exempts certain restrictions on sidewalk vendors from health, safety and welfare findings. The amendments include findings that explain the objective health, safety and welfare concerns for each restriction as required under State law.
Government Code Section 51039 establishes specific penalty limits for sidewalk vending violations. The proposed ordinance implements these maximums, setting administrative fines as follows:
• First violation: up to $100;
• Second violation (within one year, same section): up to $200; • Third or subsequent violation (within one year, same section): up to $500;
• A sidewalk vending permit may be rescinded for the term of the permit for a fourth violation; and
• Operating without a street vending permit results in higher fines, consistent with State law.
As required by State law, the proposed amendments exempt sidewalk vendors from being charged with a misdemeanor or infraction, and no additional fees or assessments may be imposed, including late payment penalties. In addition, no other penalties may be assessed for sidewalk vending violations, such as confiscation of equipment.
The proposed amendments limit the local restrictions on sidewalk vending as required under State law. The changes include:
• Prohibiting sidewalk vending within 500 feet of a school at the beginning and end of the school day;
Council Staff Report (ID # 5806) Meeting of October 6, 2026 Updated: 10/1/2026 10:23 AM by Alberto Quintanilla Page 3 • Maintaining at least four feet of clear pedestrian passage to ensure access under the American with Disabilities Act;
• Proximity setbacks from fire hydrants, colored curbs, bus zones, bus stops, and other public use items;
• Prohibiting any vending on any median or street to cause the vendor or customers to be located on any median or street to obtain the goods; and
• Prohibiting any vending on a street, sidewalk or place open to the public where the vending obstructs the free movement of people in the area or within 50 feet of another vendor.
The amendments remove the restriction on street vending with 200 feet of a permanent food facility as State law prohibits local agencies from placing such a restriction on sidewalk vending.
Fiscal Impact: The proposed ordinance is expected to have minimal fiscal impact. Administrative updates and staff training can be accommodated within existing departmental resources.
Environmental Review: The recommended action on this item represents a fiscal, organizational, and/or administrative governmental activity that will not result in physical changes in the environment. Therefore, it is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• Draft Ordinance- Vendors and Solicitors Amendment 2026 Recommendation:
Introduce an Ordinance amending Fremont Municipal Code Title 5, Chapter
5.35 (Vendors and Solicitors) to align vending regulations with Government Code Section 51036 et seq.