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23 RESOLUTION NO. RES-22-0072
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 HEAL TH 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 24 25
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 26 conflict with SB 946; and
27 WHEREAS, the City may enforce provisions of the California Retail Food 28 Code as it pertains to sidewalk food vendors operations, including, but not limited to, 1 TMA:ag A22-01086
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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 im ple ment local regulations that support sm all-scale sidewalk food vending and that lower barriers for sidewalk food vendors to operate legally; and WHEREAS, while the City advoca tes for changes to the California Retail Food Code, the City Council desires to im ple ment an enforce ment model that prioritizes education and outreach to vendors operating without a City health per mit; and WHEREAS, where such education and outreach efforts do not on their own gain co mpliance for vendors operating without a City health per mit, the City may issue civil, ad ministrative, and/or cri minal citations to those vendors who refuse to obtain a City health per mit; and
WHEREAS, since the City's pri mary goal is to ensure the public health and safety re main protected through co mpliance by sidewalk food vendors of the California Retail Food Code, the City may continue to issue ad ministrative, civil, and/or cri minal citations for sidewalk food vendors violating the California Retail Food Code for violations that threaten the health, safety, and welfare of individuals patron izing such vendors;
19 NOW, THEREFORE, the City Council of the City of Long Beach resolves as 20 follows:
21 Section 1. Unless and until the State am ends the California Retail Food 22 to support the operation of sm all-scale sidewalk food vendors, the City of Long Beach will 23 engage in outreach and education efforts prior to taking any enforce ment action, 24 including, but not li mited to, ad ministrative, civil, and/or cri minal enforce ment actions, 25 against a sidewalk food vendor who does not hold a City health per mit to operate. If a 26 sidewalk food vendor fails to obtain a City health per mit after outreach and education 27 efforts by the City, the City may take enforce ment action against the nonco mpliant vendor 28 to ensure the health, safety, and welfare of individuals patronizing such vendors is 2 TMA:ag A22-01086
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prote cted.
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 ___ M_a�y_1_0 ___ ., 2022, by the fol1owing vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal (s): Councilmembers:
Zende jas, Allen, Mungo, Saro,
Uranga, Richardson.
None.
Price, Supernaw, Austin.
None.
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