Bakersfield's Street Vending: The Rules That Matter

Every city handles street vending a little differently. In Bakersfield, California, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Vendor Permits

BMC Chapter 5.45 (Sidewalk Vendors) requires a city-issued Sidewalk Vendor Permit for anyone selling food or merchandise from a non-motorized pushcart, stand, or display on a public sidewalk or pedestrian path in Bakersfield. The chapter implements California's Safe Sidewalk Vending Act (SB 946, Gov. Code 51036-51039) and is administered by the City Treasury Division.

Key details: Code Section: BMC Chapter 5.45. Authorizing State Law: SB 946 — Gov. Code 51036-51039. Administered By: Bakersfield Treasury Division (Business Tax). Fine Schedule: $100 / $200 / $500 (1st/2nd/3rd within 12 mo.).

BMC 5.45 violations are infractions punishable by administrative fine only under the SB 946 statutory schedule: $100 / $200 / $500 within a 12-month period. Sustained non-compliance can result in permit revocation under the chapter. Vending in a prohibited location or without ADA-compliant clearance is the most common citation issue.

Vending Zones

BMC Chapter 5.45 governs where in Bakersfield sidewalk vendors may operate. At all times the vendor must maintain a minimum of four feet of unobstructed sidewalk for pedestrian traffic and meet all ADA accessibility standards. Vending in city parks and other public spaces is regulated under separate rules in BMC Title 12, and special-event/exclusive concession areas can preempt sidewalk vending in those zones.

Key details: Code Section: BMC 5.45.040; BMC 12.56.240 (parks). ADA Clearance: Minimum 4 feet unobstructed sidewalk. Prohibited Zones: Crosswalks, bus stops, hydrants, ADA ramps. Parks Vending: Concession agreement required (BMC 12.56).

Vending in a prohibited location is enforced under BMC Chapter 5.45 with the SB 946 administrative fine schedule: $100 / $200 / $500 within a 12-month period. Park or special-event violations may also be cited under BMC 12.56. Repeated violations can trigger permit revocation under BMC 5.45.

Cart & Stand Rules

Under BMC Chapter 5.45, a sidewalk vending cart must be non-motorized and operated by the permittee, maintain 4 feet of unobstructed sidewalk clearance, and — if used for food — meet Mobile Food Facility (MFF) standards enforced by the Kern County Public Health Department under the California Retail Food Code (CalCode, Health & Safety Code 113700 et seq.).

Key details: Cart Type: Non-motorized only (BMC 5.45.010). ADA Clearance: 4 feet unobstructed. Food Cart Authority: Kern County Public Health (CalCode, HSC 113700). Attendance: Cart may not be left unattended.

Operating a cart that fails ADA clearance, exceeds permitted size, or operates without required food permits is subject to the BMC 5.45 administrative-fine schedule ($100 / $200 / $500). Health-code violations are enforced separately by Kern County Public Health under CalCode, which can suspend or revoke the MFF permit. Litter and abandoned-cart violations are infraction-level citations under BMC 8.32.

The Bottom Line

Bakersfield's street vending rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Bakersfield is broadly strict or permissive.

Keep in mind that Bakersfield can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.