Street Vending:
Current Response,
Challenges, and
Policy
Options
Eugene Alper
Code Enforcement Manager
Kristen Aiu
Senior Code Enforcement Officer
Proliferation of street vendors & complaints
Current Response: State Law’s limitations on
cities, challenges of enforcement
Options:
(1) Continue current protocol
(2) Modify current protocol
(3) Develop a new protocol (Ordinance)
(4) Explore state legislative engagement
Complaints
Residents
Complaints
Residents
Complaints
Residents
Complaints
Residents
Complaints
Residents
Businesses
Complaints
Residents
Businesses
Complaints
Residents
Businesses
Complaints
Residents
Food Safety
Complaints
Residents
Food Safety
Complaints
Residents
Businesses
Parks and Recreation
Complaints
Residents
Businesses
Parks and Recreation
Complaints
Residents
Businesses
Parks and Recreation
Public Works
Code Enforcement
Parking Enforcement
Police Department
Complaints ~ 50 - 55 N/A ~ 86 - 90
(merchandise & food)
Vendors Contacted ~ 35-40 16 + ~ 86 - 90
Citations Issued 7 16 N/A
June 2024
–
August 2025
Response
State Law
2013 Cottage Food Act
2018 Sidewalk Vendors Act (SB 946)
2018 MicroEnterprise Home Kitchen Operations (MEHKO)
2022 Compact Mobile Food Operation (SB 972)
Municipal Code
Home occupation: no employees permitted and
no more than 5 visitors per day
2018 Microenterprise Home Kitchen Act
permits one employee (plus any number of
household members) and serving
30 meals per day
State Law Preempts Municipal Code
2018 Microenterprise Home Kitchen Act:
“A city shall not prohibit the operation of, require a permit to operate, require a rezone of the property for, or levy any fees on, or impose any other restriction on, a home kitchen operation in any residential dwelling for zoning purposes. A home kitchen shall be a permitted use of residential property in any residential dwelling for zoning purposes if the home kitchen abstains from posting signage advertising it and is in compliance with applicable local noise ordinances.”
State Law Preempts Municipal Code
2018 Microenterprise
Home Kitchen Act:
“A microenterprise home
kitchen operation may
operate an open-air
barbecue or outdoor wood-
burning oven.”
State Law Preempts Municipal Code
1937 Municipal Code:
“No person shall stand or park
any vehicle, wagon or
pushcart from which goods,
wares, merchandise, fruits,
vegetables or foodstuffs are
sold to exceed 10 minutes at
any one place.”
State Law Preempts Municipal Code
A local authority shall not:
• Restrict vendors to operate only in designated neighborhoods; • Prohibit vendors in parks (except stationary ones where there is an exclusive concessionaire or, by ordinance, to preventan undue concentration of commercial activity interfering with scenic or recreational character); • Prohibit stationary vendors in commercial zones;
• Adopt requirements regulating the time, place, and manner of sidewalk vending that are unduly restrictive. In commercial areas, limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation for other businesses. 2018 Sidewalk Vendors Act (SB 946) Allows
Stationary Sidewalk Vending
State Law Preempts Municipal Code
Strict Enforcement Impractical
Strict Enforcement Impractical
Strict Enforcement Impractical
Strict Enforcement Impractical
Strict Enforcement Impractical
• State laws protect home kitchens, roaming pushcarts, and stationary tents on public ways and in parks;
• Boundaries between private property vs. public way and between motorized vs. nonmotorized are permeable;
• Violators have no ID;
• Code Enforcement has no night or weekend staff.
What Can We Enforce?
• Business tax certificate ($31 to comply)
• 10-minute limit (food trucks only)
• 72-hour parking (food trucks & trailers only)
• Owner’s permission on private property (special use permit) • Obstructions of public sidewalks (e.g., electrical cords) • County Health permits (education only)
Test Case
Test Case
City Have a sidewalk ordinance?
Belmont No
Redwood City No
Daly City No
Millbrae No
San Bruno Yes
Foster City Yes
San Carlos Yes
Burlingame Yes
Santa Cruz Yes
Pacifica Yes
Fresno Yes
What Do Other Cities Do?
• Within 200 feet of a toilet and handwashing facility; • 4-foot min sidewalk clearance/access to fire hydrant; • Access to properties; 10 ft from a crosswalk, ADA ramp, bus stop; • 300 feet away of a city-sponsored event, farmers' market, school; • 25-100-200 feet of another vendor at any city park;
• Seller’s permit, health permit, business license, tax certificate, insurance, workers’ comp, and indemnity for the City.
“An ordinance is only as good as its enforcement”
What Do Other Cities Do?
1. Continue current protocol
2. Modify current protocol
3. Develop a new protocol
4. State legislative engagement
Options:
Option 1. Continue current protocol:
Respond to complaints and, within the legal and
practical limits, guide vendors towards obtaining
business tax certificates and health permits.
Option 2. Modify current protocol:
a) Enforce 72-hour parking rule against trucks and trailers, not stationary or roaming vendors.
b) Improve collection of sales taxes through enforcement where vendors fail to obtain a BTC.
c) Prohibit vendors from operating on private property without permission from the property owner, which may prompt them to move to the public right-of-way.
d) Explore strengthening communication and collaboration with County Health on permitting and enforcement of food vendors.
Option 3. Develop a new protocol:
a) Develop a new ordinance regulating time, place, and manner of street vending; may not reduce the number of vendors, prohibit mobile ones in residential areas or parks; would require night and weekend staff.
b) Enforce the 10-min limit against food trucks only, not stationery or mobile vendors; would require a city-wide effort to ensure equitable application; may produce pushback from operators and customers as a truck serving lunch or dinner cannot do so within 10 minutes.
c) Staff working nights and weekends would be required; two new community officer positions would cost an estimated $400,000 (personnel and vehicles included); unlikely to reduce the overall number of food vendors, prohibit mobile vendors from being on streets or in parks, or restrict mobile vendors or home kitchens in residential areas. d) Explore having permanent concessionaires in parks; will prohibit stationary vendors, but not roaming ones in a park, or stationary near a park.
Option 4. State legislative engagement
Explore additional language to be included in the upcoming development of the state legislative platform in support of greater ability for cities to enforce their own food vending ordinance.
Option 1. Continue current protocol:
Respond to complaints, guide vendors
towards obtaining business tax certificates
and health permits
.
Option 2. Modify current protocol:
a) 72-hour parking rule (trucks & trailers, not
stationary or roaming vendors);
b) Improve collection of sales taxes through
enforcement where vendors fail to obtain a BTC;
c) Prohibit vendors on private property without
owner permission;
d) Strengthen collaboration with County Health.
Option 3. Develop a new protocol:
a) Ordinance regulating time, place, and
manner; may not reduce numbers or
prohibit mobile ones; would require
night and weekend staff;
b) 10-min limit (food trucks);
c) Staff nights and weekends would be
required;
d) Park concessionaire.
Option 4. State legislative engagement:
Add language to development of the state
legislative platform to support cities’
ability to regulate street vending.
Council Direction
Thank you!
THE FOLLOWING ARE
BACKUP/RESERVE SLIDES
Vendors in San Mateo
192
7 1
Food truck Cart
Trailer Food stand
Vendors in San Mateo: 29
3 5
21 Unknown Yes No
Vendors in San Mateo
with BTCs: 5
4 17
4 Unknown Yes No
V
endors
with County Health Permits: 17
•
Mobile Food Facility (MFF) permits are issued in the County in total:
435
•
MFF permits with a city of San Mateo address:
44 •
MEHKO permits issued in SM County in total:
47 •
MEHKO permits issued in the city of San Mateo:
5 •
Home kitchens without MEHKO permits in San Mateo:
2 •
Complaints about unlawful food vendors (July 2024
-
Present):
25 •
Complaints received about food poisoning (July 2024
-
Present):
44 County Health Department Data
•
Pushcart permit:
$383
•
MEHKO permit:
$1,273
•
Food truck or trailer permit:
$1,573
Can MEHKO Customers Dine Outside?
San Mateo County
No opinion; defers to the City
Alameda County
Does not allow in front yard, but allows in back yard
Santa Clara County
Allows for onsite dining; does not specify the areas
Fresno County
Has not opted
-
in yet (will decide early 2026);
Opinion: considering other jurisdictions’ “garage
operations” where a permitted MEHKO cooks and serves
in garage/front yard, outside dining area may be allowed, but food preparation, handling, and assembly to be in
the kitchen
2018 Sidewalk Vendors Act (SB 946):
•
“Sidewalk vending provides important entrepreneurship and economic development opportunities to low
-
income and immigrant communities.
•
Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise.
•
Sidewalk vending contributes to a safe and dynamic public space. •
The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations. •
It is the intent of the Legislature to promote entrepreneurship and support immigrant and low
-
income communities.
•
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.
•
Perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
”
2018 MEHKO Act:
•
“Small
-
scale, home
-
cooking operations can create significant economic opportunities for Californians that need them most
—
often women, immigrants, and people of color.
•
Because the bar for entry to restaurant ownership is high, and the cost of renting a retail kitchen is so great, an informal economy of locally produced and prepared hot foods exists in the form of meal preparation services, food carts, and communally shared meals. •
However, due to a lack of appropriate regulations, many experienced cooks in California are unable to legally participate in the locally prepared food economy and to earn an income legally.
•
Many of these cooks are unable to enter the traditional food economy based on disability, family responsibilities, or lack of opportunity.
•
It is the intent of the Legislature that this act authorize the use of home kitchens for small -
scale, direct food sales by home cooks to consumers, providing appropriate flexibility in food types and appropriate health and sanitation standards.” June 2024
–
August 2025
Parking Citations Issued
Tents on
CalTrans
Property
Trailers in
Streets
Pushcarts
in Streets
Trailers in
Streets
Tables on
Sidewalks
From
motorized
to
stationary
Strict Enforcement Impractical
Strict Enforcement Impractical
Complaints
Complaints
State Law Preempts Municipal Code