Senate Bill 946 (Gov Code 51036) preempts outright bans on sidewalk food vending in San Bernardino. The city may regulate time, place, and manner only with reasonable health, safety, or public welfare justifications.
California Senate Bill 946, codified at Government Code 51036 through 51039, preempts local bans on sidewalk food vending and limits the regulatory tools available to San Bernardino. Sidewalk vendors are individuals who sell food or merchandise from a pushcart, stand, display, or other non-motorized conveyance on a public sidewalk or pedestrian path. San Bernardino may require a city vending permit and a San Bernardino County Environmental Health mobile food facility permit for sidewalk food vendors, but the city may not impose permit fees so high that they effectively bar entry. Time, place, and manner regulations must have specific findings of an objective health, safety, or public welfare concern tied to the rule. Outright prohibitions on vending in specific zones are allowed only for certified farmers markets, swap meets, and events with exclusive rights. Prohibitions based on competition with brick-and-mortar businesses are expressly barred. Criminal penalties are prohibited; violations may only result in civil administrative fines of 100 to 500 dollars per violation. Valley-based vending along E Street, D Street, and the Civic Plaza is active, and major events at the Glen Helen Amphitheater and the National Orange Show use special event permits separate from sidewalk vending rules. Vehicle-based food trucks remain governed by the full motor vehicle rules and zoning provisions, not SB 946. San Bernardino Community Development administers sidewalk vending permits.
Contact your local code enforcement office for specific penalty information.
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