HomeMy WebLinkAboutSafe Sidewalk Vending Act December 10 CC meeting
SB 946 –Effective 01/01/2019
“Safe Sidewalk Vending Act”
Defined as any public sidewalk or other pedestrian person who sells food or merchandise from a pushcart, wagon, path.
or other non-motorized conveyance, or from his or her person, while on a
Stationary Roaming –Moving from place to place, stopping only to complete a transaction–Fixed Location
SB 946 –Sidewalk Vendors
nongovernmental entity or individual before selling goods or merchandise.
SB 946 prohibits local authorities from adopting regulations that do any of the following: jurisdiction, except if directly related to objective health, safety, or welfare concerns.
areas, except if directly related to objective health, safety, or welfare concerns. ofconcerns.-way, except if directly related to objective health, safety, or welfare
Restrict the overall number of sidewalk vendors allowed to operate within the Require sidewalk vendors to operate only in designated neighborhoods or Require sidewalk vendors to
operate within specific parts of the public rightRequire sidewalk vendors to obtain the consent or approval of any -
SB 946 –General Prohibitions
operation imposed on other businesses on the same street.
Local authorities safety, or welfare concerns. Permissible regulations include, but are not limited is conducted, provided that such regulations are directly related to objective health,
nonresidential areas, limitations cannot be more restrictive than the hours of or local agencies. Tax and Fee Administration seller’s permit, and/or other licenses from other state
other disability access standards. may regulate the time, place, and manner in which sidewalk vending to:
Limits on hours of operation, provided they are not unduly restrictive. In Requiring Requirements to ensure compliance with the Americans with Disabilities Act and Requirements to
maintain sanitary conditions. compliance with other generally applicable laws.
Requiring a sidewalk vending permit, business license, California Department of
SB 946 –Permissible Regulation
health, safety, or welfare concerns” to
Perceived manner restrictions. justify the imposition of time, place, or competition are not valid “objective community animus or economic
SB 946 –Motivation for Regulation
recreational opportunities.
unreasonably interfere with the park’s scenic and natural character.
authority can prohibit stationary sidewalk vendors but must allow roaming
In areas that are zoned exclusively residential, sidewalk vending in public parks, so long as the restrictions sidewalk vendors. exclusive concession for the sale of food or merchandise.
In such a case, the local parks. sidewalk vendors, but may prohibit “stationary” sidewalk vendorsA limited exception is allowed where a concessionaire has been granted an cities must
allow “roaming” are: .
Directly related to health, safety or welfare concerns.
Necessary Necessary to ensure the public’s use and enjoyment of the park’s natural resources and to prevent an undue concentration of commercial activity that would
Local authorities may apply additional time, place, and manner restrictions to
SB 946 precludes local authorities from prohibiting sidewalk vendors in public
SB 946 Parks–Residential Neighborhoods and
Local authorities may prohibit sidewalk vendors within the immediate vicinity parade, or an outdoor concert. immediate vicinity of an area for which the those events’ operating hours.
city has issued a temporary use
of permitted certified farmers’ markets and permitted swap meets, during permit, such as an encroachment permit or special event permit for filming, a
Similarly, sidewalk vendors can be restricted or prohibited within the Definitions all in State law.
SB 946 Uses/Swap Meets–Farmers’ Markets/Temporary
fines must be accepted.
additional penalties for failure to pay administrative fines.
No criminal penalties for violations of vending regulations.date.
th
With permit: $ 100, $200, $500; 4Community service must be considered in lieu of paying.Means testing for ability to pay. If 125% of federal poverty level or below, 20% of No permit:
$250, $500, $1,000, reduced if permit obtained.violation = permit revocation.
Pending prosecutions must be dismissed.
No prosecution for laws inconsistent with SB 946, even if prior to effective Administrative fines only; progressive for violations within a year, but no
SB 946 -Penalties
what good ideas other cities adopt.
Urgency Ordinance
Get regulations in effect for January 1, 2019We may have additional regulations early in 2018 as this issue evolves and we see As a back-up to the urgency version; identical regulations.
Traditional OrdinanceRegulation is work in progress.
SB 946 –Moving Forward