California’s approach to sidewalk vending has undergone significant changes in recent years. With the passage of Senate Bill (SB) 946 in 2018, known as the Safe Sidewalk Vending Act, the state decriminalized sidewalk vending and mandated that local governments allow vendors to operate with limited restrictions. This law aimed to promote economic opportunity, particularly for low-income and immigrant communities, while fostering vibrant public spaces. However, it also created challenges for municipalities seeking to regulate sidewalk vending effectively.
In 2022, SB 972 introduced additional provisions, specifically regulating sidewalk food vending by creating a new classification known as Compact Mobile Food Operations (CMFOs). While intended to clarify regulations, the law has added further complexity to enforcement efforts.
This article outlines the current legal framework for sidewalk vending, the enforcement challenges cities and counties face, and potential strategies for maintaining compliance while protecting public health, safety, and welfare.
The Legal Landscape of Sidewalk Vending
SB 946: The Safe Sidewalk Vending Act
SB 946 decriminalized sidewalk vending and established it as a protected activity in California. Under this law, local governments cannot impose outright bans but may enact limited time, place, and manner restrictions based on health, safety, and welfare concerns.
Key provisions of SB 946 include:
- Enforcement Limitations: Violations can only result in administrative fines, with penalties significantly reduced for individuals demonstrating financial hardship.
- Definitions: Sidewalk vendors are individuals selling food or merchandise from nonmotorized conveyances on public sidewalks or pedestrian paths.
- Vendor Categories: Vendors may operate as either stationary (remaining in a fixed location) or roaming (moving continuously except when making sales).
- Restrictions: While municipalities may regulate vending locations, stationary vending can only be restricted in residential zones or public parks with exclusive concession agreements. Roaming vending must be allowed in public parks and residential areas.
SB 972: Additional Regulations for Food Vendors
SB 972 expanded upon SB 946 by introducing a new regulatory framework specifically for sidewalk food vendors, referred to as Compact Mobile Food Operations (CMFOs). These vendors must comply with additional health and safety regulations, including:
- Use of Support Facilities: CMFOs must have access to permitted food preparation, storage, and sanitation facilities.
- Limited Food Preparation: Vendors may engage in minimal food handling, such as slicing, portioning, and heating, but cannot prepare raw meat or dairy products without more extensive compliance measures.
- Alternative Penalties: First-time violations receive a notice of violation rather than a fine, and enforcement actions remain limited to administrative penalties.
Challenges in Enforcement
Despite the intent to create a structured system, SB 946 and SB 972 present several enforcement hurdles for local governments:
- Public Space Conflicts: Sidewalk congestion, ADA accessibility violations, and disruptions to pedestrian and vehicular traffic create safety and aesthetic concerns.
- Minimal Deterrents: The reliance on low administrative fines, often reduced by 80% for financial hardship, has made it difficult to curb unpermitted vending.
- Organized Crime & Safety Risks: Some illegal vending operations are linked to organized crime or human trafficking, posing additional enforcement complexities.
- Public Health Concerns: Improper food handling and lack of proper sanitation can increase the risk of foodborne illnesses.
- Loss of Tax Revenue: Illegal vending undermines legitimate businesses and reduces sales tax revenue for cities and counties.
Potential Enforcement Strategies
Given the constraints imposed by SB 946 and SB 972, cities and counties must adopt creative approaches to enforcement, including:
- Alternative Remedies: Beyond issuing fines, municipalities may consider confiscating unsafe food or hazardous equipment under general health and safety laws.
- Enforcement of Other Laws: Cities can enforce existing laws on trespassing, illegal dumping, unpermitted food preparation, and ADA violations, which are not limited by SB 946’s restrictions.
- Community Partnerships: Collaboration with business districts, law enforcement, and public health agencies can help create a balanced approach to vendor regulation.
- Legislative Advocacy: Municipalities should advocate for further refinements to State law that provide stronger enforcement tools while maintaining economic opportunities for vendors.
Finding a Balance in Sidewalk Vending Regulation
The regulation of sidewalk vending in California remains a delicate balance between economic inclusion and public safety. While SB 946 and SB 972 establish a framework for vending operations, enforcement remains a challenge due to limited penalties and jurisdictional constraints. Cities and counties must adopt innovative enforcement strategies, leverage existing legal tools, and advocate for legislative improvements to ensure compliance and to protect community interests.
At Serviam by Wright LLP, we help cities navigate the legal complexities of sidewalk vending enforcement. By developing effective regulatory frameworks and strategic enforcement plans, municipalities can ensure safe and compliant vending operations.
This article should not be interpreted as legal advice, and municipalities must consult with an attorney about specific matters. For more information about sidewalk vending in your jurisdiction, contact Curtis Wright at Wright@Serviam.Law.
