This article has multiple issues. Please help improve it or discuss these issues on the talk page . (Learn how and when to remove these messages)
|
The Safe Sidewalk Vending Act is a 2018 California law decriminalizing street vending and legalizing street vending under certain conditions.
The purpose of SB 946 is to decriminalize and legalize street vending throughout the state.
The proposal defines “sidewalk vendor” as a person who sells merchandise or food from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance on a sidewalk or pedestrian path. SB 946 states a vendor can be a “roaming sidewalk vendor”, which is someone who moves around to vend, or a “stationary vendor”, someone who just stays in one place to vend. SB 946 applies to charter cities in terms of local authority. [1]
The purpose of SB 946 is to let local law enforcement not fine or regulate street vendors where sidewalk traffic is light and is not infringing upon activity within the area. If local authorities wish to regulate sidewalk vending, they have to be consistent with SB 946. If a city does not have any sidewalk vending legislations and wishes to implement new ones, they also have to be consistent with SB 946. If local authorities have regulations that are consistent with SB 946, no further action is needed. If they have regulations that are not consistent with SB 946, adjustments to these laws will have to be adjusted.
Any sidewalk vending regulations that are adopted or enforced by local authority must follow specific standards
"SB 946 also imposes time, place, and manner restrictions on sidewalk street vending." [2]
A local authority is not required to enforce all or some of these restrictions. If any additional restrictions other than the ones above are to be enforced, it must be directly related to objective health, safety, or welfare concerns.
"SB 946 allows but does not require a permitting program for local sidewalk vendors." [2] These programs must accept specific ID documents in lieu of a social security number. The collected number is confidential.
SB 946 does not limit or affect any state food safety laws, including the California retail food code.
SB 946 does not allow any criminal charges, but may allow administrative fines. A violation of the local authority's vending programs is only punishable by the following fines: $100 for the first violation, $200 for the second violation, and $500 for any additional violation within one year of the first violation. If the local authority requires a vending program, the authorities can impose higher fines for vending without a permit: $250 for the first violation, $500 for the second violation, and $1000 for any additional violation within one year of the first violation. On the fourth and any subsequent violation, the local authority can rescind a permit.
SB 946 applies to any pending criminal charges or vindicates any prior convictions. [2]
According to the office of a district supervisor in the County of Santa Barbara's Board of Supervisors, while SB 946 is a safeguard for some individuals in the wake of federal immigration efforts, it has also made it difficult for cities and counties to enforce regulations on sidewalk vending. Cities and counties have responded to escalations in unpermitted sidewalk vending that followed the adoption of SB 946 by launching public awareness campaigns and developing task forces to tackle unpermitted sidewalk vending. [3]
Following the adoption of SB 946, the city of Anaheim experienced a significant increase in unpermitted sidewalk vending. [4] Anaheim city staff concluded that unpermitted sidewalk vending on has impacted public health, safety, and welfare because of lack of proper food handling and storage, obstruction of public right of ways, unsafe pedestrian congestion on sidewalks, accumulation of trash and debris on sidewalks and storm drains, grease and residue on sidewalks resulting in potential slip and fall incidents, disposal of oils and grease in storm drains, and aggressive behavior and resistance to enforcement by the vendors. [4]
According to the City of Ventura's Interim City Attorney, illegal vendors operating in public rights-of-way have caused numerous complaints from businessowners and members of the public. He concluded that vendors acting without oversight threaten the public welfare. He noted that SB 946 sharply regulates the type and severity of penalties a California municipality may enact in order to police illegal sidewalk vending.
Along a 10-block stretch of Mission Street, a thriving illicit market formed, where sidewalk vendors sell cheap stolen items. In 2023, a San Francisco district supervisor issued a 90-day ban on sidewalk vending on Mission Street after Public Works inspectors tasked with regulating them were subjected to violent threats.
Observers note that jurisdictions have experienced a surge in unauthorized food vendors throughout California. They blame the illegal vendors for causing threats to health and welfare and undermining brick-and-mortar small businesses. In one case, in the city of Mission Viejo, Orange County, an unauthorized food vendor set up in front of a restaurant serving similar fare. The brick-and-mortar restaurant owner communicated to municipal officials about adverse impacts to its sales during evenings, leading to reduced working hours for restaurant staff. The illegal vendors were blamed for the disposing of cooking grease into storm drains. In San Francisco, the city's first permitted food vendor stated that he had to close his business due to SB 946. A manager of restaurants in Santa Maria expressed that unpermitted sidewalk vending is causing businesses to go out of businesses. [5]
SB 946 and other state laws have been blamed for creating situations in San Francisco where licensed businesses compete with thieves. The conditions that some illegal vendors work in have been likened to indentured servitude. In San Francisco, observers note that SB 946 and other state laws have made it difficult for the city to enforce its own rules.
While the intent of SB 946 is to aid in the “important entrepreneurship and economic development opportunities” street vending may bring to low-income and immigrant communities, [2] the inability to prosecute vendors with criminal charges has led to issues surrounding vendor cooperation. Despite the passing of city ordinances that require vendors to receive permits and follow certain regulations, some vendors “have chosen to ignore these regulations and bypass the permitting program”. [6] A lack of vendor cooperation has led some cities to create stricter ordinances in hopes of gaining compliance through larger fines, relocations, or confiscation of “stalls and wares”. [7]
In many California cities, the permitting process required of vendors may also include receiving a food handler health permit, a document certifying the safe preparation of food by vendors. Outdated state retail food code however has caused issues for vendors seeking to comply with these regulations. [8] In an effort to solve this issue, Senate Bill 972 was passed by the California Senate in order to update the food code to simplify the requirements for street vendors. [9] Specifically, the bill introduces street vending into the food code and limits the equipment requirements originally established for food trucks. [10]
The League of California Cities, which has a membership of 476 out of 482 of California's cities, opposed the adoption of SB 946. It argued that the bill went too far in restricting a local jurisdiction's ability to regulate sidewalk vending. It noted that jurisdictions regularly designate areas for specific use, such as for medical facilities and office buildings. The bill's limiting of penalties for violations of regulations on sidewalk vending to administrative fines was criticized as being an inadequate deterrent to unlawful activity. [11]
A councilmember of Beverly Hill's City Council characterized SB 946 as a "stupid law". The city's Vice Mayor accused Sacramento of engaging in overreach over local affairs. [12]
On San Francisco's Mission Street, the neighborhood has become a prominent spot for people selling stolen goods. Officials blamed this activity on SB 946 because of how it limits penalties for unpermitted sidewalk vending to administrative fines. [13]
The Santa Ana City Council adopted a resolution blaming state laws for a rise in unpermitted sidewalk vendors selling unsafe food, blocking sidewalks, and undermining public health and safety. Officials in Santa Ana voiced concern that vendors from elsewhere came into the city to establish taco stands on sidewalks under large red umbrellas, taking over large sections of sidewalks, using heating equipment with open flames, and leaving behind grease residue. [14]
A councilmember in Santa Monica's City Council stated that SB 946 has made it more difficult to hold people accountable for violating regulations on sidewalk vending. Because SB 946 prevents criminal penalties for violations of laws around sidewalk vending, vendors choose to ignore those laws. Although vendors can be issued administrative fines for violations, they cannot be compelled to show identification documents when they are cited and can get relief based on their ability to pay. [15] An advocate for California's industry concluded, "What we’re seeing with S.B. 946 is there’s really just no incentive on either side for people to get permitted or for law enforcement to go after unpermitted people." [15]
A hawker is a vendor of merchandise that can be easily transported; the term is roughly synonymous with costermonger or peddler. In most places where the term is used, a hawker sells inexpensive goods, handicrafts, or food items. Whether stationary or mobile, hawkers often advertise by loud street cries or chants, and conduct banter with customers, to attract attention and enhance sales.
An open-container law is a law which regulates or prohibits drinking alcohol in public by limiting the existence of open alcoholic beverage containers in certain areas, as well as the active consumption of alcohol in those areas. "Public places" in this context refers to openly public places such as sidewalks, parks and vehicles. It does not include nominally private spaces which are open to the public, such as bars, restaurants and stadiums.
Divisoria is a commercial center in the districts of Tondo, Binondo, and San Nicolas in Manila, Philippines known for its shops that sell low-priced goods and its diverse manufacturing activities. Tutuban Center is situated within the commercial hub along with a night market located in the Centers' vicinity. The area is riddled with different bazaars, bargain malls, and a few points of interest.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.
Smoking in Japan is practiced by around 20,000,000 people, and the nation is one of the world's largest tobacco markets, though tobacco use has been declining in recent years.
Disabled veteran street vendors in New York City are legally exempt from municipal regulations on street vendors, under a 19th-century New York state law. As of 2004, there were 374 permitted disabled veteran street vendors, 60 of whom were permitted to operate inside Midtown Manhattan.
Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis through the Compassionate Use Act of 1996, which passed with 56% voter approval. In November 2016, California voters approved the Adult Use of Marijuana Act with 57% of the vote, which legalized the recreational use of cannabis.
Scott Wiener is an American politician who has served in the California State Senate since 2016. A Democrat, he represents the 11th district, encompassing San Francisco and parts of San Mateo County.
Gun laws in Montana regulate the sale, possession, and use of firearms and ammunition in the state of Montana in the United States.
The California Department of Housing and Community Development (HCD) is a department within the California Business, Consumer Services and Housing Agency that develops housing policy and building codes, regulates manufactured homes and mobile home parks, and administers housing finance, economic development and community development programs.
Street Vendors Act, 2014 is an Act of the Parliament of India enacted to regulate street vendors in public areas and protect their rights. It was introduced in the Lok Sabha on 6 September 2012 by then Union Minister of Housing and Urban Poverty Alleviation, Kumari Selja. The Bill was passed in the Lok Sabha on 6 September 2013 and by the Rajya Sabha on 19 February 2014. The bill received the assent of the President of India on 4 March 2014. The Act came into force from 1 May 2014.
The presence of street vendors in Mexico City dates back to pre-Hispanic era and over the centuries the government has struggled to control it, with most recently a clearing of downtown streets of vendors in 2007, but despite this there is a persistent presence of many thousands illegally. Even after oscillating between the realms of legality and illegality, street vending in Mexico and even in other parts of the world, is not the exception but rather has been a norm when it comes to commercial activities. In 2003, it was estimated that there were 199,328 street vendors in Mexico City.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
The Housing Accountability Act (HAA) is a California state law designed to promote infill development by speeding housing approvals. The Act was passed in 1982 in recognition that "the lack of housing, including emergency shelter, is a critical statewide problem," and has also been referred to as "the anti-NIMBY law." It empowers the State of California to limit the ability of local government to restrict the development of new housing, and legalizes the Builder's remedy process to ameliorate violations of the law by local governments. The Act was strengthened by subsequent amendments in 2017 and 2024.
2017 California Senate Bill 54, commonly referred to as "SB 54" and also known as the "California Values Act" is a 2017 California state law that prevents state and local law enforcement agencies from using their resources on behalf of federal immigration enforcement agencies. The law allows for cooperation between local, state and federal law enforcement in cases of violent illegal immigrants, and is often referred to as a "sanctuary law" due to its resemblance of sanctuary jurisdiction policies.
Street vendors have existed in Los Angeles since California became a state. They have mostly been poorer Latin American and Chinese immigrants.
The movement to decriminalize psilocybin in the United States began in 2019 with Denver, Colorado, becoming the first city to decriminalize psilocybin in May of that year. The cities of Oakland and Santa Cruz, California, decriminalized psilocybin in June 2019 and January 2020, respectively. Washington, D.C., followed soon in November 2020, as did Somerville, Massachusetts, in January 2021, and then the neighboring Cambridge and Northampton in February 2021 and March 2021, respectively. Seattle, Washington, became the largest U.S. city on the growing list in October 2021. Detroit, Michigan, followed in November 2021.
Dan Rossi is an American hot dog vendor in New York City. From 1985 to 1995, he leased food carts to vendors, at one point owning 16% of all pushcart permits in the city. However, in 1995, a new law passed by the city ended this business. Since 2007, he has sold hot dogs outside of the Metropolitan Museum of Art's main building.
Inclusive Action for the City (IAC) is a certified community development financial institution (CDFI) based in Los Angeles, California, that provides policy and legal advocacy, provides access to funds to underserved and underinvested communities, and incubates novel projects to create and foster pathways for community members.
{{cite web}}
: Missing or empty |title=
(help)