ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: PH2
Prepared by:
Joshua Sino Cruz, Assistant to the City
Manager Meeting Date: March 24, 2026
Approved by:
Imelda Huerta, Assistant City Manager
John Conley, City Manager Agenda Location: Public Hearing SUBJE
CT: AMENDMENTS TO VISTA MUNICIPAL CODE CHAPTER 8.78 SIDEWALK VENDING
REQUIREMENTS
RECOM
MENDATION:
1. Open, conduct, and close a public hearing to receive testimony regarding Vista Municipal Code Chapter
8.78. 2. Adopt Ordinance No. 2026- , amending Chapter 8.78 of the Vista Municipal Code regarding Sidewalk Vending Requirements.
CORREL
ATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR
ACTION: On January 22, 2019, adopted City Council Ordinance 2019-3, adding Chapter 8.78 to the Vista Municipal Code regulating sidewalk vending, City Council Resolution 2019-10, establishing a fee or charge for sidewalk vending permits, and City Council Resolution 2019-11, approving access to state, local and federal criminal history for licensing purposes (Vote: 5-0).
STAT
EMENT ON THE SUBJECT: In 2018, the State Legislature adopted Senate Bill (SB) 946, which established statewide standards for regulating sidewalk vendors. In response to SB 946, the City Council adopted Chapter 8.78 of the Vista Municipal Code (VMC) in January 2019 to establish regulations governing sidewalk vending activities within the City. The ordinance created a permitting process for sidewalk vendors.
Sinc
e the adoption of SB 946, the State has enacted additional legislation refining the statutory framework governing sidewalk vending. SB 635 further limits the types of information local jurisdictions may require as part of the sidewalk vending permit process. SB 635 amended Government Code Section 51038(c)(1)(D)(iii) to prohibit local jurisdictions from inquiring into or collecting information regarding an individual’s criminal history as part of an application for a sidewalk vending permit or business license. The statute also prohibits requiring applicants to submit fingerprints, complete LiveScan fingerprinting, or undergo a background check as part of the permitting process.
Chapter
8.78 of the Vista Municipal Code currently includes provisions requiring sidewalk vendor applicants to disclose criminal conduct and criminal convictions and to provide LiveScan fingerprinting results as part of the application review process. These provisions are no longer consistent with state law and must be removed.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Opened, conducted and closed the public hearing. Introduced and adopted Ordinance No. 2026-02.
Vote: 4-1 (Mayor Franklin opposed)