Westminster City Council
SUBJECT
Title
Update on Sidewalk Vendor Enforcement Activities.
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From: Sheri Vander Dussen, Interim Community Development Director
Requested by: Mayor Chi Charlie Nguyen
Prepared by: Sheri Vander Dussen, Interim Community Development Director
*Staff reports prepared by staff on behalf of members of the City Council do not reflect the opinions of staff and are generated in collaboration with the requesting council member.
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RECOMMENDED ACTION
Recommendation
Receive and file.
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BACKGROUND
Over the course of the past few years, unpermitted open-air food vendors have proliferated throughout the region. Senate Bills (SB) 946 and SB 972, which became effective January 1, 2019, and January 1, 2023, respectively, have severely limited the authority of cities to regulate sidewalk vendors. SB 946 prohibits cities from banning sidewalk vending and requires that any restriction be related to health, safety or welfare concerns. This law defines sidewalk vendors as any person who sells food or merchandise from a pushcart, wagon, or other non-motorized conveyance, or from his or her person, while on a public sidewalk or other pedestrian path. Sidewalk vendors may be “stationary” or “roaming.” Stationary sidewalk vendors are those who operate from a fixed location, while roaming sidewalk vendors move from place to place and stop only to complete a transaction. SB 972 updated State equipment, operational and permitting requirements to bring entrepreneurs like sidewalk vendors into the formal economy.
Sections 51038 and 51039 of the California Government Code prohibit cities from adopting regulations that do any of the following:
• Restrict the overall number of sidewalk vendors allowed to operate within the City
• Require sidewalk vendors to obtain the consent or approval of any nongovernmental entity or individual before selling goods or merchandise
• Require sidewalk vendors to operate within specific parts of the public right of way, except if directly related to objective health, safety or welfare concerns
• Require sidewalk vendors to operate only in designated neighborhoods or areas, except if directly related to objective health, safety or welfare concerns
The City of Westminster adopted an ordinance in 2023 that regulates the time, place, and manner to which sidewalk vending is conducted. These regulations are codified in Chapter 8.08 of the Westminster Municipal Code (WMC). The Code prohibits vending in certain locations, such as:
• Residential zones
• Parks
• Westminster Civic Center
• Within 200 feet of any public or private school, place of worship or childcare facility
• Within 200 feet of an area designated for a special event pursuant to a permit issued by the City
• Within 200 feet of a farmer’s market or swap meet during the hours of those events
• Within 100 feet of another sidewalk vendor
Chapter 8.06 requires sidewalk vendors to obtain a sidewalk vending permit from the City, in addition to a city business license. To obtain a vending permit, the applicant must provide a copy of a government-issued identification card; evidence of commercial general liability insurance; a California seller’s permit number; and evidence of a permit from the Orange County Health Department.
Enforcement Efforts
Many of the vendors operating in Westminster do not have Health Department permits or City permits. The City has received numerous complaints from residents and legitimate licensed and permitted businesses regarding these vendors. Unfortunately, not all of them practice the necessary sanitary and food safety practices. To address sidewalk vendors, the City conducts sweeps to verify if the vendors have obtained all required permits to operate within the City boundaries.
In August 2023, staff held two workshops and conducted outreach to sidewalk vendors, advising the City’s regulations. Since then, City personnel have commenced with enforcement efforts and issued citations to non-compliant sidewalk vendors. Translators have been on scene to assist with any non-English speaking vendors. City staff have been joined by Orange County Health Department staff, who are able to issue impound orders for the unpermitted sidewalk vendors’ equipment and perishables. City staff then transport these items to the City Yard where equipment is stored, and perishables are disposed. Following a hearing, the Orange County Health Department may direct the City to return impounded equipment to the vendor after 30 days, or to destroy/recycle the impounded equipment.
Staff from Code Enforcement, Public Works, Westminster Police, and Community Preservation have conducted ongoing sweeps since mid-November of 2023. Although city staff have been able to discourage many unpermitted sidewalk vendors from returning to the City, there are a few that continue to set up and vend without proper permits. In addition, new unpermitted vendors continue to try to establish themselves in the city.
The following table summarizes enforcement activities between November 2023 and December 2024. Sweeps scheduled for January 2025 were cancelled due to inclement weather.
|
Number of sweeps conducted |
49 |
|
Number of administrative citations issued |
98 |
|
Number of vendor items impounded |
92 |
FISCAL IMPACT
Funds to process license applications and conduct sweeps are included in the budgets for the departments involved in these activities.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Many cities face the same challenges as Westminster, conducting sweeps as vendors appear to have an endless supply of canopies, grills, coolers, generators, and other items. Vendors who do possess the appropriate permits will be cited if they do not operate in accordance with the provisions of the WMC. Vendors that do not have required permits from the Health Department and the City will continue to be cited and their equipment will be impounded by the Health Department when warranted.
ATTACHMENTS
None.
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager