ESCONDIDO — The city’s Economic Development Subcommittee reviewed a new draft ordinance this week regulating sidewalk vending activity in the city, in preparation for eventual review by the City Council.
Efforts to create a sidewalk vendor ordinance started in 2022, after then-Councilmember Mike Morasco asked staff to develop regulations in response to local complaints. A draft ordinance was presented to the subcommittee in 2023, but it did not proceed.
The new ordinance proposed Monday would require sidewalk vendors to obtain city permits and business licenses to operate and would set fees for vendors who do not comply. It also regulates where vending can take place, among other regulations.
City staff emphasized that the goal of the ordinance is to promote health, safety and accessibility.
“That’s what we’re trying to accomplish here,” said Director of Economic Development Jennifer Schoeneck. “We need to make sure people understand why we are doing this.”
Cities that adopt their own regulations for sidewalk vending must comply with the 2018 state Safe Sidewalk Vending Act, which was adopted to promote and support sidewalk vending in low-income and immigrant communities.
Cities cannot ban sidewalk vendors altogether, nor can they set a cap on the number of vendors or require vendors to obtain permission from private businesses or property owners to operate. They also cannot restrict vendors to certain sections of the public right-of-way unless the restriction is related to objective health and safety concerns.
Cities are allowed to regulate the time, place and manner in which vendors operate, including requirements to maintain proper sanitation and comply with the federal Americans with Disabilities Act.
The proposed ordinance would go to the City Council for approval in the coming months. If approved, the new regulations would not take effect until January 2027, providing enough time for vendor outreach and education in both Spanish and English.
Councilmember Judy Fitzgerald, who serves on the subcommittee with Mayor Dane White, said it will be beneficial to have a uniform policy for street vendors. She noted that it is important to educate them not only about the regulations, but also about economic development opportunities to support their businesses.
“I’m hopeful that we’ll be able to educate them on even grant opportunities within the city,” Fitzgerald said.
Over a dozen community members attended the Economic Development Subcommittee meeting to learn about the ordinance. Several people emphasized that street vendors should be recognized as entrepreneurs and noted that many face barriers to growing their businesses.
Arcela Nuñez of the organization Universidad Popular echoed Fitzgerald’s words about economic development, noting that the city can support vendors by helping cover costs such as the initial licensing fee.
“What we hear from some of our local entrepreneurs, particularly when they’re starting, is that it’s really challenging to navigate regulations and expectations and to get the help of the cities. I think really designating a team that will be working closely with the vendors will be really critical, and having it available in Spanish and multiple languages,” Nuñez said.
Proposed ordinance
The new regulations would apply to vending in the public right-of-way, not on private property.
The draft ordinance proposes establishing a sidewalk vendor permit program. In order to obtain a permit, vendors must have a state seller’s permit, business license, and if selling food, a valid county health permit and food handler’s or manager’s food safety card.
The draft originally included a requirement for insurance, which has been removed.
Permits would be issued by the City Manager’s Office and are valid for one year. The permit cannot be transferred or sold and would not grant the vendor exclusive rights to operate in a certain public area.
Vendors must display their sidewalk vendor license and business permit at all times while vending. The ordinance prohibits vending:
- To individuals in moving cars,
- In areas that block pedestrian or vehicle access or obstruct traffic signals or signage,
- In areas that inhibit access to entry points for public facilities,
- On painted traffic islands or medians,
- On bike paths,
- Within 18 inches of the curb edge,
- Within 50 feet of another sidewalk vendor
- Within 50 feet of a bus stop.
Vendors also cannot be within 100 feet of the entrance to a fire station, police department, or hospital, or an event that has been issued a special event or temporary use permit by the city, such as a farmers market, street fair, parade, or other private event.
They also cannot operate within 500 feet of a K-12 school while children are in school, during recess, or within 30 minutes before or after the school’s opening or closing.
Vendors may operate in recreational areas, such as parks, only during their hours of operation, along sidewalks and pedestrian paths.
Roaming sidewalk vendors may operate in residential areas between 8 a.m. and sunset, but stationary vendors cannot.
When it comes to equipment, vendors must maintain at least four feet of open space on the sidewalk. All food and merchandise must be at least 28 inches off the ground, and equipment cannot be left unattended.
The draft ordinance allowed only one umbrella per vendor, but White requested that the city allow two.
The draft ordinance originally stated that property left unattended for more than two hours would be seized by the city and may be disposed of after 24 hours. White said he would like this section to be less restrictive.
Proposed fines are based on the number of violations in one year. For those with a permit, the draft ordinance proposes a fine of $100 for the first violation, $200 for the second, and $500 for the third and each following violation, followed by potential revocation.
The fines would be more than doubled for those operating without a permit. All vendors would have the right to appeal a violation notice.
White said vendors should be issued a warning for the first violation rather than immediately fined.
“I would like a written warning to be step one for the violator, and then follow with the proposed punishments,” White said.
