California's Safe Sidewalk Vending Act (SB 946) preempts most local bans on sidewalk vending, allowing only objective health, safety, and welfare regulations.
California's Safe Sidewalk Vending Act, codified at Government Code sections 51036-51039, sharply limits how cities and counties can restrict sidewalk vendors. Local jurisdictions may not prohibit sidewalk vending in residential or commercial areas as a categorical matter. They may impose objective health, safety, and welfare regulations such as time, place, and manner restrictions, but must allow vending in most locations. Outright bans, perceived economic competition concerns, and most permit caps are preempted. SB 972 (2022) further amended the Retail Food Code to ease vendor compliance with safety standards. Violations of the act can be enforced only as administrative citations, not criminal penalties.
Cities enforcing prohibited bans face injunctive relief and attorney fees. Vendor citations exceeding allowed amounts must be reduced. Criminal enforcement against vendors is preempted.
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