CODE ENFORCEMENT DIVISION
Sidewalk Vending Ordinance Introduction
3/28/2023
Sidewalk Vendors: Brief Overview of SB 946
Enacted in 2018, the State of California passed Senate Bill 946 which took effect on January 1, 2019. It set limitations upon the ability of local jurisdictions to regulate “Sidewalk Vendors” unless directly related to an objective public health, safety, or welfare concern.
SB 946 – The primary intent is to:
Decriminalize sidewalk vending by limiting municipalities to penalizing violations with administrative citations (fines) rather than criminal citations;
Promote entrepreneurship and economic success for sidewalk vendors to support themselves and their families; Allow regulations to be tied to time, place and manner of sidewalk vending; Restrict perceived community animus or economic competition from consideration as an objective health, safety, or welfare concern;
Develop a framework for regulating roaming sidewalk vendors and stationary sidewalk vendors.
SB 946 framework for regulating sidewalk vendors:
Sidewalk Vendor:
A person selling food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk or pedestrian path (or within a public park).
Roaming Sidewalk Vendor:
Sidewalk vendor who moves from place to place, only stopping to complete a transaction.
Stationary Sidewalk Vendor:
Sidewalk vendor who vends from a fixed location.
Administrative Fine limits:
As provided in CA Government Code Section 51039(a)(1), a sidewalk vendor who has a current and valid Sidewalk Vending Permit issued by the City is punishable only by an administrative citation in the amounts of:
A fine not exceeding $100.00 for a first violation;
A fine not exceeding $200.00 for a second violation within one year of the first violation; and, A fine not exceeding $500.00 for each additional violation within one year of the first violation. As provided in CA Government Code Section 51039(a)(3)(A), any person engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued by the City is punishable only by an administrative citation in the amounts of:
A fine not exceeding $250.00 for a first violation;
A fine not exceeding $500.00 for a second violation within one year of the first violation; and A fine not exceeding $1,000.00 for each additional violation within one year of the first violation.
Latest State of California law expands opportunities for food vendors including Sidewalk Vendors: Senate Bill 972 (2022) Effective January 1, 2023, SB 972
modified provisions of the California Retail Food Code, in an effort to further the purposes behind SB 946.
SB 972 primarily seeks to remove barriers in the permitting process resulting from “outdated requirements” in the Retail Food Code which prevented sidewalk vendors from meeting local health requirements.
SB 972 creates a new type of food facility – Compact Mobile Food Operations:
Compact Mobile Food Operations – A mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance that (i) sells prepackaged, non-potentially hazardous food or whole, uncooked produce; (ii) sells
prepackaged, potentially hazardous food; or (iii) conducts limited food preparation.
The City’s Proposed Sidewalk Vending
Code Compliance has developed a Sidewalk Vending ordinance that meets the State’s objective in regulating sidewalk vending on the basis of health, safety, or welfare to:
Ensure compliance with the Americans with Disabilities Act and other disability access standards; Establish criteria for Sidewalk Vending Permit issuance including requiring basic information of sidewalk vendors, insurance, health permit, business license, State sellers permit and permit fees; Require clean and sanitary conditions;
Enact regulations on sidewalk vending equipment, size and placement; Set hours of operation and operating procedures in residential and commercial areas; Prohibit stationary sidewalk vending within residential zones and on certain goods or merchandise; Protect the public’s use and enjoyment of natural resources and recreational opportunities within the parks;
Differentiate between stationary sidewalk vendors, who vend from fixed locations, and roaming sidewalk vendors who move from place to place and stop to complete a transaction; Set parameters relating to distance requirements from various public assets and facilities including transit and rail systems, schools, place of worship, daycare facilities, colleges, universities, residences and businesses;
Avoid interference with pedestrian and motor vehicle traffic; and Follow the administrative fine amount limits, appeal process and ability-to-pay determinations.