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SB-946 Sidewalk vendors.(2017-2018)

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Date Published: 01/29/2018 09:00 PM
SB946:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 946


Introduced by Senator Lara

January 29, 2018


An act to add Article 3.5 (commencing with Section 21150) to Chapter 1 of Division 11 of the Vehicle Code, relating to sidewalk vendors.


LEGISLATIVE COUNSEL'S DIGEST


SB 946, as introduced, Lara. Sidewalk vendors.
Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending from a vehicle upon a street. Existing law additionally authorizes a local authority, by ordinance or resolution, to adopt requirements regulating the time, place, and manner of vending from a vehicle upon a street.
This bill would prohibit a local authority from adopting rules or regulations, by ordinance or resolution, that regulate or prohibit sidewalk vendors, as defined, unless it first adopts a sidewalk vending licensing program that requires a sidewalk vendor to obtain a license from the local authority before selling food or merchandise. The bill would require a local authority that elects to adopt a sidewalk vending licensing program to, among other things, not restrict the location of a licensed sidewalk vendor unless the restriction is directly related to objective health, safety, or welfare concerns, and not unreasonably restrict sidewalk vendors to operate only in a designated neighborhood or area. The bill would authorize a local authority that elects to adopt a sidewalk vending licensing program to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending. The bill would prohibit a sidewalk vendor from violating the terms of a local authority’s sidewalk vending licensing program or operating without a license, as specified. A violation would be punishable by an administrative fine, as specified, and proceeds would be deposited in the treasury of the local authority.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities.
(2) Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise.
(3) Sidewalk vending contributes to a safe and dynamic public space.
(4) The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.
(5) The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.
(b) It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities.

SEC. 2.

 Article 3.5 (commencing with Section 21150) is added to Chapter 1 of Division 11 of the Vehicle Code, to read:
Article  3.5. Sidewalk Vendors

21150.
 For purposes of this article, “sidewalk vendor” is a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance upon a public sidewalk or other pedestrian path.

21151.
 A local authority shall not adopt rules or regulations by ordinance or resolution that regulate or prohibit sidewalk vendors unless it first adopts a sidewalk vending licensing program that complies with Section 21152.

21152.
 (a) A local authority may adopt a sidewalk vending licensing program that requires a sidewalk vendor to obtain a license from the local authority before he or she is authorized to sell food or merchandise.
(b) A local authority’s licensing system shall comply with all of the following standards:
(1) A local authority shall not restrict the location of a licensed sidewalk vendor unless the restriction is directly related to objective health, safety, or welfare concerns. For purposes of this paragraph, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
(2) A local authority shall not prohibit a licensed sidewalk vendor from selling food or merchandise in a park.
(3) A local authority shall not require a licensed sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise.
(4) A local authority shall not unreasonably restrict sidewalk vendors to operate only in a designated neighborhood or area.
(5) A local authority shall not restrict the overall number of sidewalk vendor licenses issued unless the restriction is directly related to objective health, safety, or welfare concerns.
(c) A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending.

21153.
 (a) A person shall not operate as an unlicensed sidewalk vendor in an area within the jurisdiction of a local authority that has adopted a sidewalk vending licensing program that complies with Section 21152.
(b) A licensed sidewalk vendor shall not violate the terms of a local authority’s sidewalk vending licensing program that complies with Section 21152.
(c) A violation of subdivision (a) or (b) is punishable by the following:
(1) An administrative fine not exceeding one hundred dollars ($100) for a first violation.
(2) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
(3) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(d) The proceeds of an administrative fine assessed pursuant to subdivision (c) shall be deposited in the treasury of the local authority.