Under California SB 946 (Gov. Code §§51036–51039), El Monte cannot ban sidewalk vending but regulates it through a permit / sidewalk-vendor scheme keyed to objective health, safety, and welfare concerns.
California's Safe Sidewalk Vending Act (SB 946, 2018; Gov. Code §§51036–51039) decriminalized sidewalk vending statewide and preempts any blanket prohibition. El Monte therefore administers a Sidewalk Vendor program with a city-issued permit, application packet, and operating-standard list published by the City (see 'Sidewalk Vendor Requirements'). Vendors must: (1) hold a CDTFA seller's permit; (2) hold an LA County DPH MFF permit if food is sold; (3) carry general liability insurance per City requirement; (4) keep their cart at least the City-required setback from intersections, bus stops, fire hydrants, ADA paths, and driveways; (5) comply with EMMC §8.36 ambient noise limits; and (6) follow Cal. Health & Safety Code §114435 (Compact Mobile Food Operations — added by SB 972, 2022) for prepared-food carts. SB 946 §51038(b) lists the only grounds on which the City may restrict vending (objective health/safety/welfare, ADA, traffic). A criminal-record-based denial is barred by §51038(c)(4). Sidewalk vending is separate from EMMC Ch. 8.44 vendor regulation, which still applies to non-sidewalk vendors.
SB 946 caps fines for permitted vendor infractions at $100 / $200 / $500 for a first, second, and third violation respectively (Gov. Code §51039(a)(1)). Vending without a required permit is capped at $250 / $500 / $1,000 (Gov. Code §51039(a)(2)). A criminal penalty is prohibited (§51039(b)). LA County DPH can still suspend an MFF permit for food-safety violations and assess civil penalties up to $1,000/day (Cal. H&S Code §114395).
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El Monte, CA
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