Overview of Sidewalk Vending Ordinance
On September 17 2018, Senate Bill 946 (SB 946) was signed by Governor Brown. SB 946 requires cities to allow sidewalk vending commencing January 1, 2019. Under the new law, the state mandates local jurisdictions to support and facilitate sidewalk vendors. The stated intent of the legislation is to:
- Create entrepreneurial and economic development opportunities for immigrant and low-income communities;
- Increase access to desired goods, such as culturally significant food and merchandise;
- Contribute to a safe and dynamic public space; and
- Promote the safety and welfare of the public by encouraging local authorities to support and properly regulate sidewalk vending and the legislation also decriminalizes sidewalk vending.
Sidewalk vending is defined by SB 946 as a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
On December 18, 2018 the City of Beverly Hills passed an urgency ordinance as the state law is effective January 1, 2019. The City would be noncompliant with state law without passage of the urgency ordinance.
Additionally, as sidewalk vending creates potential safety hazards such as inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with police, firefighters, and emergency response personnel to perform their duties; and creating obstacles that contribute to congestion for pedestrians, vehicles and bicycles, the City needed to take immediate action to preserve public health, safety and welfare.
The regular ordinance also passed on December 18th by the City Council. It will have a second reading on January 8, 2019 and be in effect 30 days later. The regular ordinance contains the same restrictions as the urgency ordinance.
Documents Related to the Adoption of the City's Ordinance
Senate Bill 946 – The Safe Sidewalk Vending Act
December 18, 2018 Study Session Staff Report
December 18, 2018 Formal Session Agenda Report