Brentwood Looks to Update Sidewalk Vendors Ordinance

On Tuesday, the Brentwood City Council is being asked to look at ordinances addressing sidewalk vendors. Its ordinance has not been revised since 1996.

According to the agenda, it will look at two ordinances to regulate both non-motorized sidewalk vending and mobile vending from motorized vehicles on public and private property. The council is being asked by staff to provide direction.

California state legislation defines “sidewalk vendor” as a person who sells food or merchandise on a public sidewalk or other pedestrian path (including public parks). Those considered “sidewalk vendors” can operate from a pushcart, wagon, or other non-motorized conveyance or from his or her person, while on the public sidewalk or walk path. A “sidewalk vendor” may be roaming from place to place or stationary operating from a fixed location.

Although state Law Senate Bill 946 and Senate Bill 972 fully decriminalized sidewalk vending and only administrative citations are now allowed, staff is seeking to regulate sidewalk vending and mobile vending from motorized vehicles to comply with new state laws and adopt new standards.

Proposed Sidewalk Vending Ordinance

The proposed ordinance is compliant with SB 946 and SB 972 and proposes several time, place, and manner restrictions. Below are some, but not all, of the new regulations.

• Requiring maintenance of sanitary conditions in compliance with Contra Costa County health requirements, and obtaining any applicable County permits to sell food;
• Complying with disability access standards;
• Obtaining a permit from the City and paying the appropriate permit fee, obtaining a business tax certificate, and requiring proof of a valid California seller’s permit for sales tax compliance;
• Obtaining liability insurance of no less than $1 Million;
• Requiring an acknowledgment that a sidewalk vendor uses public property at their own risk;
• Requiring compliance with other generally applicable federal, state, county, and local laws;
• Requiring the provision of information on proposed vendor operations;
• Prohibiting sidewalk vending within a certain radius of certain parks, farmer’s markets, swap meets, and temporary special events;
• Prohibiting stationary vendors in residential areas and placing hours of operation restrictions on roaming and stationary vendors;
• Imposing distance restrictions from certain locations and other sidewalk vendors;
• Prohibiting vending of alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine, any product or device used to smoke/vape nicotine or cannabis, fireworks, or any weapons (including knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun); and
• Establishing administrative fines for violations.

Mobile Vending from Motorized Vehicles Ordinance

According to the staff report, the mobile vending and Motorized Vehicles Ordinance has not been revised since 1996 and is outdated.  Staff says the current ordinance is lacking precise definitions of the different types of mobile vendors, is inconsistent with the State’s new sidewalk vending regulations, does not specify hours of operation in residential zones, does not address special events, and does not address vending of prohibited materials (e.g. drug paraphernalia or fireworks). Staff is recommending to repeal and replace the current ordinance in its entirety due to the number of changes proposed.

The proposed Mobile Vending from Motorized Vehicles Ordinance (attached) includes more precise definitions, new regulations for hours of operation and requires a new type of permit from the City in addition to a business tax certificate. Below are some, but not all, of the updated regulations.

• Obtaining a health permit from Contra Costa County, if applicable;
• Obtaining a permit from the City as well as a business tax certificate from the City, and payment of all applicable fees;
• Identification documentation requirements;
• Location and siting requirements, including distance from certain locations and other mobile vendors, and time restrictions;
• Placing hours of operation restrictions;
• Obtaining liability insurance in the amount of $1 Million;
• Requiring compliance with the City’s sign regulations and noise level regulations;
• Prohibiting vending of alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine, any product or device used to smoke/vape nicotine or cannabis, fireworks, or any weapons (including knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun);
• Establishing violations of the ordinance as a misdemeanor; and
• Adds a definition for a long-term mobile vending facility, which would need to comply with requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

Time Limits:

Mobile vending facilities are moveable, located outside, and must be moved to a commissary at night. They may be temporary uses, or, if they comply with the requirements of Title 17 (Zoning) of the Brentwood Municipal Code, may operate as a long-term mobile vending facility. Section 5.68.050(M), Operating Regulations, stipulates that, except for long-term mobile vending facilities, mobile vending shall not occur on the same private property more than a cumulative four (4) days within a thirty-day period. Title 17 (Zoning) of the Brentwood Municipal Code shall govern the term allowed for a long-term mobile vending facility.

There may be circumstances where mobile vending facilities could operate for a longer period of time or on a semi-permanent basis; could potentially include during a restaurant remodel or as part of a new development project that includes an on-site commissary.

Staff requests that the City Council provide direction regarding whether to create new regulations in the Zoning Ordinance (Title 17) for longer-term mobile vending facilities as part of the focused Zoning Ordinance update already underway. Title 17 is a more appropriate place for regulating more permanent land uses than Title 5, which regulates the licensing and taxing of businesses in the city, not land use requirements related to those businesses. In the event that the Council directs staff to add regulations to Title 17, the attached ordinance includes a definition for “long term mobile vending facility” (Section 5.68.020(J)) that are allowed by the underlying zoning district and exempts them from the cumulative four day limit (Section 5.68.050(M)). This ensures that any future regulations will not conflict with the attached Ordinance. If the Council is not interested in allowing longer-term mobile vending facilities, then Council could direct staff to delete references to long term mobile vending facilities from the attached ordinance.

Brentwood City Council Meeting
February 27, 2024 at 7:00 P.m.
City Council Chambers
150 City Park Way,  Brentwood, CA 94513
Meeting Agenda – click here

State Laws:

Senate Bill (SB) 946, also known as the Safe Sidewalk Vending Act, was signed into law on September 17, 2018 by Governor Jerry Brown and was effective on January 1, 2019. SB 946 adds Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the California Government Code to regulate sidewalk vendors throughout the State. Specifically, SB 946 prohibits California cities and counties from banning sidewalk vendors from operating on public sidewalks. SB 946 also prohibits cities from regulating sidewalk vendors unless cities establish a permitting system that is consistent with the provisions of SB 946. SB 946 also requires that any restrictions placed on sidewalk vendors be directly related to objective health, safety, or welfare concerns. Community animus or economic competition does not constitute an objective health, safety, or welfare concern according to the statute. Local jurisdictions that wish to regulate sidewalk vending are required to first adopt a program with regulations consistent with SB 946.

SB 972 was signed into law on September 23, 2022 by Governor Gavin Newsom and became effective on January 1, 2023. SB 972 amended the California Retail Food Code. It added a new definition of a “compact mobile food operation” under the definition of a “mobile food facility” to address sidewalk vendors who prepare food using a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. SB 946 did not affect the applicability of the California Retail Food Code as to sidewalk vendors who sell food. The California Retail Food Code allowed criminal penalties for violations. However, SB 972 de-criminalized the California Retail Food Code

The effect of these bills is that SB 946 and Senate Bill 972 have fully decriminalized sidewalk vending and only administrative citations are now allowed.