Title
Report regarding an ordinance amending Title 6, Chapters 6.04, 6.16 and 6.90 of the South San Francisco Municipal Code pertaining to street vendor, sidewalk vendor and peddler regulations (Mike Rudis, Master Sergeant)
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RECOMMENDATION
Recommendation
It is recommended that the City Council introduce an ordinance amending Title 6, Chapters 6.04, 6.16 and 6.90 of the South San Francisco Municipal Code pertaining to street vendor, sidewalk vendor and peddler regulations, and waive further reading.
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BACKGROUND/DISCUSSION
California's New Sidewalk Vendor Law
Recently, Senate Bill 946 ("SB 946") amended California law to limit cities' ability to regulate sidewalk vendors operating via non-motorized conveyances within their jurisdictions. SB 946, which became effective on January 1, 2019, decriminalized such sidewalk vending activities and afforded additional protections to vendors against local regulations. Absent cities adopting a sidewalk vending program consistent with SB 946, sidewalk vendors are free to vend within the city so long as they vend in compliance with the provisions of SB 946 (codified at Government Code sections 51035 et seq.). SB 946 covers stationary or roaming sidewalk vendors selling food and merchandise from a non-motorized cart, stand, or their persons, on sidewalks and pedestrian paths. It does not apply to vehicular vendors such as food trucks or ice cream trucks. Cities may not regulate sidewalk vendors except through regulations that are consistent with SB 946 requirements.
Under SB 946, local government regulations must be directly related to objective health, safety, or welfare concerns aside from specifically enumerated statutory criteria. Particularly, local governments may not rely on "perceived community animus or economic competition" to regulate sidewalk vendors.1 To illustrate, the government may not prohibit sidewalk vendors to locate in front of businesses that sell similar food items or merchandise as...
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