Downey passes plan to regulate street vendors

DOWNEY - In response to Senate Bill 946, the City Council voted on Tuesday to establish a sidewalk vending program.

Prior to Tuesday’s vote, Downey did not have a street vending program, however, the recent legislation forced the city’s hand.

SB 946 – called the Safe Sidewalk Vending Act – was signed into legislation on Jan. 1, essentially “opening the door” for sidewalk vending to occur without any requirements to ensure proper regulation.

Potentially even more difficult is that under SB 946, standards are set that limit government agencies on how they can regulate street vending.

Under the bill, a legal agency cannot confine a street vendor to a specific areas, neighborhoods, or public right-of-way unless the restriction is directly related to objective health, safety or welfare concerns.

A city can also not prohibit a vendor from selling in a park owned or operated by the local authority, with exceptions for stationary sidewalk vendors who are vending in a park if there is an existing agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

Sidewalk vendors are also not required to obtain the consent or approval of any non-government entity or individual, such as a nearby business, before selling.

Local authority can, however, can impose time, place, and manner restrictions provided they are directly related to objective health, safety, or welfare concerns.

Under Downey’s new regulations, vending from motor vehicles is limited to public streets only and is not permitted on any alley, sidewalk, or other public property, and shall be only by means of a motor vehicle licensed by the State of California for commercial purposes.

Each operator will also be required to possess and clearly display a City of Downey business certificate.

Street vendors will require a permit. Application for a permit will require information including whether the applicant is seeking to operate as a roaming sidewalk vendor or stationary sidewalk vendor, a description of food or merchandise proposed to vend, description, map or drawing of the areas/routes proposed to operate in, and description of the vending cart including measurements of height, width, and depth of the equipment.

Street vendors will also need to provide a copy of a current and valid business license and California seller’s permit issued by the California Department of Tax and Fee Administration.

The item was passed on a 4-0 vote as part of the consent calendar, with Councilman Alex Saab absent.