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SB-1290 Sidewalk vendors.(2021-2022)

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Date Published: 06/30/2022 09:00 PM
SB1290:v94#DOCUMENT

Amended  IN  Assembly  June 30, 2022
Amended  IN  Assembly  June 21, 2022
Amended  IN  Senate  May 09, 2022
Amended  IN  Senate  April 20, 2022
Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1290

Introduced by Senator Allen

February 18, 2022

An act to add and repeal Section 51039.9 of the Government Code, relating to sidewalk vendors.


LEGISLATIVE COUNSEL'S DIGEST


SB 1290, as amended, Allen. Sidewalk vendors.
Existing law prohibits a local authority, as defined, from regulating sidewalk vendors, except in accordance with specified provisions. Existing law establishes that a violation of a local authority’s sidewalk vending program is punishable only by an administrative fine, subject to an ability-to-pay determination, and recision of a permit issued to a sidewalk vendor for the term of that permit upon the 4th violation or subsequent violations, as specified.
This bill would require the Governor’s Office of Business and Economic Development, by January 1, 2025, to complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances and recommendations for legislative changes, local sidewalk vending in California in consultation with other entities, organizations, authorities, and stakeholders, as specified. The bill would repeal that provision on January 1, 2029.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 51039.9 is added to the Government Code, to read:

51039.9.
 (a) On or before January 1, 2025, the Governor’s Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. local sidewalk vending in California. In producing the report, the office shall consult with the following:
(1) The University of California, Los Angeles Center for Labor Research and Education.
(2) The University of California, Davis Center for Poverty and Inequality Research.
(3) Organizations that represent sidewalk vendors.
(4) Local authorities, including, but not limited to, local authorities that have adopted a sidewalk vending ordnance, and associations that represent local authorities.
(5) Other affected stakeholders.
(b) The report submitted pursuant to subdivision (a) shall include, but not be limited to, all of the following:
(1) Barriers to obtaining a permit or a valid business license for sidewalk vending pursuant to this chapter, including, but not limited to, permit fees, lack of education or knowledge regarding the permitting process, language or cultural barriers, or other barriers.
(2) Barriers to operating in compliance with this chapter for sidewalk vendors.
(3) An assessment of local sidewalk vending ordinances, including, but not limited to, the number of local authorities that have enacted an ordinance, whether those ordinances comply with this chapter, and barriers local authorities face in adopting compliant ordinances.
(4) The extent of noncompliance with local sidewalk vending ordinances in California, including, but not limited to, the number of citations issued, the type of citations issued, the number of individual vendors with multiple citations, and the number of vendors issued reduced fines pursuant to Section 51039.
(5) Recommendations for legislative changes, if any, or best practices needed to reduce or eliminate barriers identified in the report, ensure that local jurisdictions adopt or amend sidewalk vending ordinances that comply with this chapter, and reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community.

(b)

(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.

(c)

(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.