CHARLES PARKIN
City Attorney
OFFICE OF THE CITY ATTORNEY
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
(562) 570-2200
Facsimile: (562) 436-1579
May 10, 2022
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
R-21
GARY J. ANDERSON
Assistant City Attorney
DAWN A. MCINTOSH
Assistant City Attorney
Adopt a Resolution in support of legislation to enact changes to the California Retail Code related to sidewalk food vending to address barriers to legal operation by small-scale operators; and
Adopt a Resolution to implement a Citywide enforcement model that prioritizes education and outreach for sidewalk food vendors operating without a health permit while reserving the right to enforce violations of the California Retail Food Code for violations that threaten the health, safety, and welfare of individuals patronizing such vendors.
DISCUSSION
Pursuant to your request of March 22, 2022, this office has prepared and submits the above described Resolutions for your consideration.
SUGGESTED ACTION:
Approve recommendation.
TMA:ag A22-01086
Very truly yours,
CHARLES PARKIN, City Attorney
By
Taylor M. Anderson
Deputy City Attorney
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802-4664 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH IN SUPPORT OF LEGISLATION
TO ENACT CHANGES TO THE CALIFORNIA RETAIL
FOOD CODE RELATED TO SIDEWALK FOOD VENDING
TO ADDRESS BARRIERS TO LEGAL OPERATION BY
SMALL-SCALE OPERATORS
WHEREAS, on September 17, 2018, Governor Brown signed into law Senate Bill (SB 946), also known as the Safe Sidewalk Vending Act; and WHEREAS, SB 946 decriminalized sidewalk vending statewide and established parameters for how sidewalk vending may be enforced by local jurisdictions; and
WHEREAS, despite the passage of SB 946, the California Retail Food Code imposes restrictions and requirements that are not in alignment with the City Council’s intent to support small-scale sidewalk food vending; and WHEREAS, a recent report from the Public Counsel and the UCLA School of Law Community Economic Development Clinic titles “Unfinished Business: How Food Regulations Starve Sidewalk Vendors of Opportunity and What Can be Done to Finish the Legalization of Street Food” outlines the financial and administrative barriers for small-scale sidewalk vendors of food to legally vend food; and WHEREAS, sidewalk vending of food promotes important
entrepreneurship and economic development opportunities to low income and immigrant communities; and
WHEREAS, since the City is preempted by State law, changes to the California Retail Food Code are necessary for the City to lower barriers for sidewalk food vendors to obtain a health permit from the Department of Health and Human
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802-4664 Services and to operate legally; and
NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:
Section 1. The City of Long Beach hereby recommends to the State Legislature, at a minimum, make the following changes to the California Retail Food Code:
A. Streamline approvals for code-compliant carts, including giving more discretion to local health authorities to approve innovative designs and encouraging the pre-approval of cart design blueprints to catalyze manufacturing of affordable sidewalk carts at a scale that meets need; and
B. Revise regulations around the slicing of fruits and vegetables and the hot-holding of prepared foods to establish clear and easy-to-follow safety protocols that account for the types of foods commonly sold by sidewalk vendors; and
C. Simplify onerous sink, power, water, fire safety and other equipment requirements; and
D. Create a process for addressing non-compliance without criminal penalties; and
E. Make food safety regulations more sensitive to the context of sidewalk food vending.
Section 2. The City Clerk is directed to transmit a copy of this resolution to Assembly Speaker Anthony Rendon, Senator Lena Gonzalez and Senate President Pro Tem Toni Atkins, and to other officials, agencies, entities, and individuals as may be deemed appropriate by the City Manager.
Section 3. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ///
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802-4664 I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of , 2022, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers: ______________________________________
City Clerk
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802-4664 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH TO IMPLEMENT A CITYWIDE
ENFORCEMENT MODEL THAT PRIORITIZES
EDUCATION AND OUTREACH FOR SIDEWALK FOOD
VENDORS OPERATING WITHOUT A HEALTH PERMIT
WHILE RESERVING THE RIGHT TO ENFORCE
VIOLATIONS OF THE CALIFORNIA RETAIL FOOD CODE
THAT THREATEN THE HEALTH, SAFETY, AND
WELFARE OF INDIVIDUALS PATRONIZING SUCH
VENDORS
WHEREAS, on September 17, 2018, Governor Brown signed into law Senate Bill (SB 946), also known as the Safe Sidewalk Vending Act; and WHEREAS, SB 946 decriminalized sidewalk vending statewide and established parameters for how sidewalk vending may be enforced by local jurisdictions; and
WHEREAS, sidewalk vending of food promotes important
entrepreneurship and economic development opportunities to low income and immigrant communities; and
WHEREAS, the City currently does not enforce the provisions of Long Beach Municipal Code (LBMC) relating to peddlers and sidewalk vendors, including the requirement that such vendors obtain a City business license, because such provisions currently prohibit or limit the activities of sidewalk vendors, which places the LBMC in conflict with SB 946; and
WHEREAS, the City may enforce provisions of the California Retail Food Code as it pertains to sidewalk food vendors operations, including, but not limited to,
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802-4664 related to food handling and preparation, to ensure the health, safety, and welfare of individuals patronizing such vendors continue to be protected; and WHEREAS, changes to the California Retail Food Code are necessary for the City to implement local regulations that support small-scale sidewalk food vending and that lower barriers for sidewalk food vendors to operate legally; and WHEREAS, while the City advocates for changes to the California Retail Food Code, the City Council desires to implement an enforcement model that prioritizes education and outreach to vendors operating without a City health permit; and WHEREAS, where such education and outreach efforts do not on their own gain compliance for vendors operating without a City health permit, the City may issue civil, administrative, and/or criminal citations to those vendors who refuse to obtain a City health permit; and
WHEREAS, since the City’s primary goal is to ensure the public health and safety remain protected through compliance by sidewalk food vendors of the California Retail Food Code, the City may continue to issue administrative, civil, and/or criminal citations for sidewalk food vendors violating the California Retail Food Code for violations that threaten the health, safety, and welfare of individuals patronizing such vendors;
NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:
Section 1. Unless and until the State amends the California Retail Food to support the operation of small-scale sidewalk food vendors, the City of Long Beach will engage in outreach and education efforts prior to taking any enforcement action, including, but not limited to, administrative, civil, and/or criminal enforcement actions, against a sidewalk food vendor who does not hold a City health permit to operate. If a sidewalk food vendor fails to obtain a City health permit after outreach and education efforts by the City, the City may take enforcement action against the noncompliant vendor to ensure the health, safety, and welfare of individuals patronizing such vendors is
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802-4664 protected.
Section 2. The City may continue to take enforcement action, including, but not limited to, administrative, civil, and/or criminal enforcement actions, for sidewalk food vendors violating the California Retail Food Code related to food handling, storage, and preparation as such violations that threaten the health, safety, and welfare of individuals patronizing such vendors.
Section 3. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of , 2022, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers: ______________________________________
City Clerk