Chapter 6.2 - Sidewalk Vendors

California Government Code — §§ 51036-51039

Sections (4)

Amended by Stats. 2025, Ch. 463, Sec. 3. (SB 635) Effective January 1, 2026.

For purposes of this chapter, the following definitions apply:

(a)“Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.

(b)“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

(c)“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.

(d)“Local authority” means a chartered or general law city, county, or city and county.

(e)“Personally identifiable information” means an individual’s name, business name, home address, business address, birthdate, telephone number, business location, California driver’s license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, seller’s permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual.

(f)“Immigration enforcement”

means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.

§ 51037

Added by Stats. 2018, Ch. 459, Sec. 2. (SB 946) Effective January 1, 2019.

(a)A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039.

(b)Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food.

(c)Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter.

§ 51038

Amended by Stats. 2025, Ch. 463, Sec. 4. (SB 635) Effective January 1, 2026.

(a)A local authority may adopt a program to regulate sidewalk vendors in compliance with this section.

(b)A local authority’s sidewalk vending program shall comply with all of the following standards:

(1)A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns.

(2)(A) A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the

local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

(B)Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:

(i)Directly related to objective health, safety, or welfare concerns.

(ii) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.

(iii) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.

(3)A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before they can sell food or merchandise.

(4)(A) A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns.

(B)Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in

areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors.

(5)A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, unless the restriction is directly related to objective health, safety, or welfare concerns.

(6)Except as otherwise required by state or federal law, a local authority shall not provide voluntary consent to any individual to access,

review, or obtain any of the local authority’s records obtained pursuant to this chapter that include personally identifiable information of any sidewalk vendors in the jurisdiction without a subpoena or judicial warrant. This paragraph does not prohibit a local authority from challenging the validity of a subpoena or judicial warrant in a federal district court.

(7)A local authority and its personnel shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any sidewalk vendor obtained pursuant to this chapter that is requested, except pursuant to

a subpoena or a valid judicial warrant.

(c)(1) A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:

(A) Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street.

(B) Requirements to maintain sanitary conditions.

(C) Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.

(D) Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license meets the following requirements:

(i)The local authority shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and

the number collected shall not be available to the public for inspection, shall be confidential, and shall not be disclosed except as required to administer the permit or licensure program or to comply with a state law or state or federal court order.

(ii) The local authority shall not inquire into or collect information about an individual’s immigration or citizenship status or place of birth.

(iii) (I) The local authority shall not inquire into or collect information or documentation regarding an individual’s criminal history, and shall not require an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit or valid business license for sidewalk vending.

(II) Notwithstanding any other law, including Division 10 (commencing with Section 7920.000) of Title 1, a local authority that inquired into or collected information or documentation regarding an individual’s place of birth or criminal history, required an applicant to submit fingerprints or complete a LiveScan fingerprinting, or performed a background check before January 1, 2026, shall destroy those records on or before March 1, 2026, unless those records are expressly required by law to be preserved.

(E) Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit.

(F) Requiring additional licenses from other state or local agencies to the extent required by

law.

(G) Requiring compliance with other generally applicable laws.

(H) Requiring a sidewalk vendor to submit information on their operations, including, but not limited to, any of the following:

(i)The name and current mailing address of the sidewalk vendor.

(ii) A description of the merchandise offered for sale or exchange.

(iii) A certification by the vendor that to their knowledge and belief, the information contained on the form is true.

(iv) The California seller’s permit number (California Department of Tax and Fee Administration sales tax

number), if any, of the sidewalk vendor.

(v)If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.

(2)Any personally identifiable information collected by a local authority pursuant to this subdivision shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with

Section 7920.000) of Title 1 of the Government Code).

(d)Notwithstanding subdivision (b), a local authority may do both of the following:

(1)Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any

regulations adopted pursuant to that article.

(2)Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.

A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit.

(e)For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.

§ 51039

Amended by Stats. 2025, Ch. 463, Sec. 5. (SB 635) Effective January 1, 2026.

(a)(1) A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:

(A) An administrative fine not exceeding one hundred dollars ($100) for a first violation.

(B) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.

(C) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.

(2)A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

(3)(A) If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):

(i)An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

(ii) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.

(iii) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.

(B) Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively.

(b)The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.

(c)Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in

subdivision (a) shall not be assessed.

(d)(1) A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law.

(2)Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be

dismissed.

(e)A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) of Section 51038.

(f)(1) When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while

the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

(2)If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a).

(3)The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

(g)(1) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for

sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in their case.

(2)Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court

shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.

(3)Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).

(4)If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.

(5)Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.

(6)Nothing in this subdivision or related provisions is

intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.

(h)(1) When enforcing any provision of, or regulation adopted pursuant to, this part regulating a sidewalk vendor, an agency or department of a local authority shall not do any of the following:

(A) Use local authority moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this chapter.

(B) Inquire into an individual’s immigration status.

an agency conducting immigration enforcement, or employ local authority personnel deputized

under the authority of an agency conducting immigration enforcement.

(D) Use an officer or employee of an agency conducting immigration enforcement as an interpreter for local authority matters, or use local authorities as interpreters for

officers or employees of an agency conducting immigration enforcement.

(2)For purposes of this subdivision, “agency or department of a local authority” includes any nonpublic entity that a local authority has delegated or assigned authority to, or has entered into a contract with, for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter.

(3)A contract between a nonpublic entity and a local authority for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter entered into or modified on or after January 1, 2026, shall require the nonpublic entity to explicitly agree to adhere to the requirements of this subdivision, and shall be immediately terminated if it is found that the nonpublic entity has violated this subdivision.

(i)When enforcing any provision of, or regulation adopted pursuant to, this part regulating a sidewalk vendor, an agency or department of a local authority that has been authorized to make arrests pursuant to Section 836.5 of the Penal Code shall not

use local authority moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this chapter.

(j)This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.