to coastal resources.” The Mayor signed Ordinance 3606 following its approval by the City Council on May 7, 2019, thereby placing restrictions and limitations upon sidewalk vending within the City.
The additional proposed amendments would place even greater restrictions on vending locations, specifically along The Waterfront, and burden local street vendors by both limiting available space and making it more difficult to acquire a vending permit for those locations.
II. The amendments should be reconsidered because they are not justified by objective health, safety, and/or welfare concerns as required by SB 946.
Based on the City Council meeting, there are only 20 street vendors operating in the Waterfront Area and along the Recreation Trail on any given day. Despite the alleged foot traffic congestion, there have been no reported accidents that have occurred due to the presence of street vendors in that area. While representatives of the Wharf Association, The Cannery Row Business Association, and The Old Monterey Business Association have voiced support for the proposed amendments, none of these organizations can point to any substantiated health and safety violations posed by vendors. Rather, their primary motivation in supporting the increased regulation of sidewalk vending is economic animus and perceived competition with street vendors.
SB 946 was approved by the governor of California and codified into law on September 17, 2018 under Chapter 6.2 of the Government Code. Under the law, “a local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns.” Gov. Code § 51038, subd. (b)(1). Additionally, “a local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns.” Gov. Code, § 51038, subd. (b)(4)(A). Importantly, “perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.” Gov. Code, § 51038, subd. (e).
Given the lack of substantiated proof of health, safety, or welfare violations, and clear economic animus from vocal opponents, the approval of the proposed amendments is unlawful under California law. Moreover, the amendments will in effect limit the number of vendors in the area at issue by as much as 70% through their reduction of space per vendor, additional permit requirements, and location restrictions.
III. The additional amendments would cause significant harm to low-income sidewalk vendors.
Street vendors encourage foot traffic in local communities, attract customers, and boost local economies by buying and selling locally. Their resilience in the face of obstacles keeps money circulating within communities, especially to local brick-and-mortar businesses. The City of Monterey’s enforcement practices and the additional proposed restrictions will deliberately remove sidewalk vendors from many of the City’s most vibrant and lucrative retail venues, Council Regular Meeting, 7/15/2025, Item No. 19., Item Page 24, Packet Page 749 July 10, 2025
negatively impacting the livelihood of vendors who otherwise have a positive impact on the local small business economy.
IV. Demand for Compliance
We hereby call upon the City of Monterey to immediately reconsider the approval of the Ordinance 3606 updates and comply fully with SB-946. First, the City must re-evaluate the facts surrounding the proposed updates, as they have no legal justification under SB-946. Second, the City must reconsider its existing laws regarding prohibited areas and operational restrictions to ensure that vendors are not unjustly excluded from lucrative retail areas of the City for the purpose of prioritizing brick-and-mortar businesses. Finally, it is vital that the City end the unjust and improper forms of harassment experienced by street vendors along the Wharf and compel local officials to conduct their operations in conformity with California law. In addition to these immediate steps, we urge the City to create affirmative programs to enable street vendors to collaborate with other stakeholders to implement an equitable and inclusive framework for safe sidewalk vending throughout the City. Affirmative programs could include programs to reduce the cost of permits or subsidize the cost of food carts, or opening a regular dialogue between vendor communities, brick-and-mortar businesses, and city staff to ensure all parties are heard and respected.
Street vending helps create safe and dynamic public spaces and vital economic opportunities for small business entrepreneurs. We are hopeful that we can work together with the City to bring its Sidewalk Vending Ordinance and enforcement thereof into full compliance with SB-946 and other applicable laws. Please respond to this letter, including an acceptance of the affirmative steps called for herein, within four weeks of the date of this letter. Thank you for your attention to this matter.
Sincerely,
Ritu Mahajan
Directing Attorney
Community Development Project, Public Counsel
[email protected]
Council Regular Meeting, 7/15/2025, Item No. 19., Item Page 25, Packet Page 750