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RESOLUTION NO. RES-22-0071
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-S CALE 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 vendin9 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 1 TMA:ag A22-01086
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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-compl iance 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 Tern 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.
Ill
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1 I hereby certify that the foregoing resolution was adopted by the City 2 Council of the City of Long Beach at its meeting of May 10 , 2022, by the 3 following vote:
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28 Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
Zendejas, Allen, Mungo, Saro,
Uranga, Richardson.
None.
Price, Supernaw, Austin.
None.
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