OCEANSIDE — The city of Oceanside is cracking down on repeat offenders of sidewalk vending rules by making it easier for officials to impound carts belonging to noncompliant vendors.
On March 26, the City Council unanimously approved changes to its sidewalk vending regulations to give city staff more enforcement power.
Previously, the city’s rules lacked strong enforcement tools to address vendors who repeatedly ignored business licensing and safety requirements.
Oceanside began regulating sidewalk vending in 2019 following the implementation of Senate Bill 946, also known as the state’s “Safe Sidewalk Vending Act.” The city’s local ordinance aligns with state law, requiring vendors to obtain seller’s and health permits when applicable, and includes time, place, and manner restrictions.
While some vendors have complied with the rules, city officials say they continue to receive “hundreds of complaints” about illegal vending. Many vendors encountered by code enforcement officers lacked the required permits.
Other reported issues include open flames, faulty equipment, poor sanitation and unsafe food storage practices. The city expressed particular concern over repeat violations occurring on the Oceanside Pier.
According to city officials, some vendors have used flame-producing devices such as gas barbecues on the pier, which poses a significant risk to the wooden structure.
Under current rules, vending is prohibited on the pier. However, Code Enforcement Division Manager Kirk Mundt said that the same vendors continue to ignore citations.
According to Mundt, the city’s previous ordinance lacked the authority to take effective action against repeat offenders, many of whom simply relocate or return the following day after being asked to leave.
Mundt said the city provides information in English and Spanish to help vendors understand how to operate legally.
With the new changes, staff can impound vending carts under specific conditions, including selling food without a valid health permit, refusing to obtain a seller’s permit, or failing to provide the identification needed to issue a citation. The city may also impound carts based on a vendor’s history of noncompliance.
According to the staff report, impounding will be used only “for circumstances in which other enforcement measures have proven ineffective.” Vendors will be charged a $61 fee to retrieve their property. Perishable food will be discarded immediately, and unclaimed carts will be destroyed after 90 days.
Mayor Esther Sanchez praised staff for addressing the issue, noting recent problems with vendors using open flames on the pier. Nearly a year ago, the pier sustained severe damage in a fire caused by an electrical failure beneath its head, not as a result of vending, which cost the city millions in repairs.
“Things have gotten really out of hand, especially at the pier with open flames,” Sanchez said. “We’ve had this problem for months and we have not been able to remove these people who have absolutely no right to be on the pier selling food with open flames and absolutely no permits.”
Sanchez also noted that many of the problematic vendors are not from Oceanside but from outside cities such as Los Angeles and Chula Vista.
While supporting the ordinance change, Councilmember Jimmy Figueroa expressed mixed feelings due to the long-standing tradition of sidewalk vending in Oceanside.
“I was someone who when I was a kid, I got excited when I heard those bells,” he said, referring to the bells used by some pushcart vendors.
Figueroa encouraged continued outreach to local vendors and suggested partnering with organizations like MiraCosta College to provide education on the city’s vending requirements.
The city has previously worked with groups such as MainStreet Oceanside and MiraCosta College’s Small Business Development Center to offer workshops on legal vending practices. Some participants successfully obtained permits following those sessions.
Deputy Mayor Eric Joyce called for the city to host annual “street vending fairs” for the next two to three years to help local vendors understand how to comply with regulations.
Editor’s Note: A previous version of this article incorrectly stated Code Enforcement Manager Kirk Mundt’s name. We sincerely regret this error.
