Reviewed by: Assistant Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/20/2024
ITEM NO: 1
DATE: August 20, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Study Session Regarding Potential Update to Sidewalk Vending Ordinance REMARKS:
Attachment 3 contains a presentation prepared by staff.
Attachments previously received with the Staff Report:
1. Existing peddler’s code section
2. Existing pushcart code section
Attachment received with this Desk Item:
3. Staff Presentation
This Page Intentionally Left Blank
Sidewalk Vending Law
Town Council Meeting
August 20, 2024
ATTACHMENT 3
BACKGROUND
The Town Code currently regulates peddlers and solicitors and pushcarts.
BACKGROUND
Senate Bill 946 was enacted in 2019 and changes the ways in which public entities can regulate street vendors. SB 946 prohibits the Town from regulating sidewalk vendors except in accordance with Government Code Sections 51038 and
51039.
What SB 946 Prohibits:
• Require the sidewalk vendor to only operate
within specific parts of the PROW – except when
restriction is directly related to objective health,
safety, or welfare concerns.
• Prohibit sidewalk vendors from operating in a
public park – but can prohibit stationary sidewalk
vending where the Town already has an
agreement with a third party for exclusive
concessions in the park.
What SB 946 Prohibits (cont.):
• Require a sidewalk vendor to obtain the
approval of a non-governmental entity
before selling food or merchandise.
• Restrict sidewalk vendors to operate only in
designated neighborhoods – except when
the restriction is directly related to objective
health, safety, or welfare concerns.
What SB 946 Allows:
• Regulate time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns.
• Prohibit stationary (but not roaming) sidewalk vendors in areas that are zoned as exclusively residential.
• Adopt reasonable time, place, and manner restrictions inside public parks if the restrictions are directly related to objective health, safety, or welfare concerns, when necessary to insure the public’s use and enjoyment of the park.
What SB 946 Allows (cont.):
• Limit the hours of operation – so long as consistent
with limitations on hours of operation imposed on
other businesses or uses on the same street.
• Impose requirements to maintain sanitary
conditions.
• Impose requirements necessary to ensure
compliance with ADA and other accessibility laws.
What SB 946 Allows (cont.):
• Require a permit or business license.
• Require the vendor to possess a valid CA
Department of Tax and Fee Administration
Seller’s Permit.
• Require additional licenses from other state or
local agencies to the extent required by law.
What SB 946 Allows (cont.):
• Require sidewalk vendors to submit information
regarding their operations, including a mailing
address, description of merchandise, etc.
• Prohibit sidewalk vendors from operating near
certified farmers’ markets, swap meets, and
other events subject to a temporary special
permit.
Permissible Features of Vending Restrictions:
1) Require a permit.
2) Can ask for operations information including
a.Mailing address;
b.Description of merchandise;
c.CA seller’s permit number.
3) Grounds for Denying, Conditioning, or Revoking: Must be directly related to objective health, safety, or welfare concerns. 4) Can require vendors to adhere to specific operational standards and time, place, and manner restrictions so log as directly related to objective health, safety, and welfare concerns, and so long as in compliance with SB 946.
Questions to Consider:
1) Should all vendors be required to obtain a permit?
2) Should sidewalk vending be prohibited in areas that are zoned exclusively residential? 3) What are specific health, safety, and welfare-related concerns?
1. Appearance?
2. Placement?
3. Visibility at intersections and traffic signs?
4) What should the specific hours of operation be?
1. Note: Cannot be more restrictive than brick and mortar businesses in the same area.
QUESTIONS?