Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: January 20, 2026
Submitted By:
Joe Slegers, Building Official
Subject:
An Amendment to the Victorville Municipal Code (“VMC”) with an environmental exemption, making various changes to Article 12, Chapter 7 of Title 16 to adopt changes necessary to comply with regulations resulting from the State of California's passage of Senate Bill 635 relating to the protection of personally identifiable information provided by sidewalk vendors
Recommendation:
That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive public testimony; (2) Close the Public Hearing;
(3) Find the VMC Amendment exempt from the California Environmental Quality Act (“CEQA”) pursuant to Guideline sections 15060(c)(2), 15060(c)(3), and 15061(b)(3); (4) Introduce Ordinance No. 2463 for adoption and first reading by title only; and (5) Waive further reading in full of proposed Ordinance No. 2463.
Fiscal Impact:
The fiscal impact will be minimal as the City anticipated collecting LiveScan fingerprinting fees for applicants beginning this fiscal year. The revenues thus far are less than $1,000.
Strategic Plan Goal:
The City of Victorville Strategic Plan 2023-2026 identifies multi-year strategic goals and corresponding strategies to guide the City’s efforts towards achieving its long-term objectives. Goal C, Community and Economic Development, Strategy 8, focuses on developing regulations and standards to manage and promote street vendors. The proposed ordinance would be in line with this strategy by keeping our business practices consistent with state legislation.
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Background:
On February 20, 2024, the Victorville City Council adopted Ordinance No. 2449, establishing sidewalk vendor business license regulations. The ordinance allows City- licensed sidewalk vendors to operate at various locations throughout the City, provided they comply with the detailed operating conditions outlined in the said ordinance. This action was taken in response to the state's passage of Senate Bill 946 (codified at Government Code Sections 51036 through 51039) and Senate Bill 972 (codified at Part 7, Division 104 of the Health & Safety Code) which were intended to promote entrepreneurship and support immigrant and low income communities through the decriminalization and legalization of sidewalk vending and less stringent regulation of compact mobile food operations in California.
When Senate Bills 946 and 972 were passed, local authorities (defined in SB 946 as including general law and charter cities) were allowed to adopt sidewalk vending regulations if those regulations were directly related to objective health, safety, or welfare concerns. To that end, Ordinance No. 2449 included a requirement for a fingerprint (LiveScan) background check prior to the issuance of a license, helping to protect the public from applicants with certain criminal convictions and to enhance the safety and marketability of products being sold.
Discussion:
Approved by the Governor in October 2025, the apparent intent of Senate Bill 635, Durazo (“SB 635”) is to deter the use of local authority business license data for immigration enforcement purposes, protect the livelihood of sidewalk vendors (who are often immigrant entrepreneurs), and preserve the State’s economy.
Effective January 1, 2026, SB 635 prohibits local authorities from collecting fingerprints, immigration or citizenship status, place of birth, or individual criminal history information from sidewalk vending license applicants. The bill also bars local agencies from requiring or performing LiveScan or other fingerprinting or criminal background checks as a prerequisite to City licensure. In addition, the bill requires the City to destroy certain records on or before March 1, 2026. This includes previously collected fingerprint records, immigration or citizenship status information, birthplace data, and individual criminal history information. The requirement also applies to any background check, LiveScan, or criminal history records generated, unless retention of such records is otherwise required by law. SB 635 also exempts certain Personally Identifiable Information (“PII”) of sidewalk vendors from disclosure under the California Public Records Act. This includes information collected by the City such as dates of birth, California driver’s license numbers, taxpayer identification numbers, telephone numbers, and individual names.
The bill further restricts the release or review of this information except pursuant to a subpoena or a valid judicial warrant.
Finally, SB 635 requires local authorities to refrain from doing any of the following when enforcing their sidewalk vendor regulations:
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Using local authority moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in Government Code Sections 51036 through 51039.
Inquiring into an individual’s immigration status.
Placing local authority personnel under the supervision of an agency conducting immigration enforcement, or employing local authority personnel deputized under the authority of an agency conducting immigration enforcement. Using an officer or employee of an agency conducting immigration enforcement as an interpreter for local authority matters or using cities or counties as interpreters for officers or employees of an agency conducting immigration enforcement.
Proposed Ordinance No. 2463 (Attachment A) revises the City’s Sidewalk Vendor regulations (Article 12, Chapter 7, Title 16 of the VMC) to:
(1) Remove provisions requiring or relating to LiveScan fingerprinting and background checks; and
(2) Add language ensuring non-disclosure of PII.
These revisions will bring the City's regulations into compliance with SB 635, ensuring that the VMC and the City's business license practices and procedures are not contrary to these new regulations. The Ordinance also corrects a small typographical error discovered during the City’s review of these regulations.
It should also be noted that, unless City Council directs otherwise, staff will continue to require fingerprint background checks from motorized vendor operations. The language in Senate Bill 635 provides a definition of “sidewalk vendor” which specifies “nonmotorized conveyance”, excluding such motorized operations. This will allow staff to continue to ensure that operators of mobile vending operations, such as an ice cream truck, are not guilty of any of the offenses referenced in code.
While revisions to VMC Title 16 (the City’s Development Code) are typically presented to the City Council for adoption following a recommendation by the Planning Commission, given the January 1, 2026 effective date and straightforward nature of the required revisions, the prudent course of action was to bring this amendment directly to the City Council for adoption. Moreover, the amendments contained in proposed Ordinance No. 2463 do not impact zoning regulations or change the permitted uses of land.
Staff is available for any questions Council may have.
Prepared By:
Joe Slegers, Building Official
Tara L. Taguchi, Deputy City Attorney
Attachments: A. Ordinance No. 2463
B. Copy of Senate Bill 635