California SB 946 Limits City Restrictions on Sidewalk Vendors

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 categorically ban sidewalk vending citywide; they may impose objective health, safety, and welfare regulations such as time, place, and manner restrictions. Stationary vendors may be prohibited in areas zoned exclusively residential, but roaming vendors must be allowed there. Perceived economic competition is not a valid basis for restrictions, 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.