§ 51038. — 51038. (Amended by Stats. 2025, Ch. 463, Sec. 4.)

California § 51038.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 1.
• Title 5.: DIVISION 1. CITIES AND COUNTIES
• Part 1.: PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES
• Ch. 6.2.: CHAPTER 6.2. Sidewalk Vendors

Text

(a)
A local authority may adopt a program to regulate sidewalk vendors in compliance with this section.
(b)
A local authority’s sidewalk vending program shall comply with all of the following standards:
(1)
A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns.
(2)
(A)
A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the
local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
(B)
Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:
(i)
Directly related to objective health, safety, or welfare concerns.
(ii)
Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(iii)
Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(3)
A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before they can sell food or merchandise.
(4)
(A)
A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns.
(B)
Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in
areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors.
(5)
A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, unless the restriction is directly related to objective health, safety, or welfare concerns.
(6)
Except as otherwise required by state or federal law, a local authority shall not provide voluntary consent to any individual to access,
review, or obtain any of the local authority’s records obtained pursuant to this chapter that include personally identifiable information of any sidewalk vendors in the jurisdiction without a subpoena or judicial warrant. This paragraph does not prohibit a local authority from challenging the validity of a subpoena or judicial warrant in a federal district court.
(7)
A local authority and its personnel shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any sidewalk vendor obtained pursuant to this chapter that is requested, except pursuant to
a subpoena or a valid judicial warrant.
(c)
(1)
A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:
(A)
Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street.
(B)
Requirements to maintain sanitary conditions.
(C)
Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(D)
Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license meets the following requirements:
(i)
The local authority shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and
the number collected shall not be available to the public for inspection, shall be confidential, and shall not be disclosed except as required to administer the permit or licensure program or to comply with a state law or state or federal court order.
(ii)
The local authority shall not inquire into or collect information about an individual’s immigration or citizenship status or place of birth.
(iii)
(I)
The local authority shall not inquire into or collect information or documentation regarding an individual’s criminal history, and shall not require an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit or valid business license for sidewalk vending.
(II)
Notwithstanding any other law, including Division 10 (commencing with Section 7920.000) of Title 1, a local authority that inquired into or collected information or documentation regarding an individual’s place of birth or criminal history, required an applicant to submit fingerprints or complete a LiveScan fingerprinting, or performed a background check before January 1, 2026, shall destroy those records on or before March 1, 2026, unless those records are expressly required by law to be preserved.
(E)
Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit.
(F)
Requiring additional licenses from other state or local agencies to the extent required by
law.
(G)
Requiring compliance with other generally applicable laws.
(H)
Requiring a sidewalk vendor to submit information on their operations, including, but not limited to, any of the following:
(i)
The name and current mailing address of the sidewalk vendor.
(ii)
A description of the merchandise offered for sale or exchange.
(iii)
A certification by the vendor that to their knowledge and belief, the information contained on the form is true.
(iv)
The California seller’s permit number (California Department of Tax and Fee Administration sales tax
number), if any, of the sidewalk vendor.
(v)
If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(2)
Any personally identifiable information collected by a local authority pursuant to this subdivision shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with
Section 7920.000) of Title 1 of the Government Code).
(d)
Notwithstanding subdivision (b), a local authority may do both of the following:
(1)
Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any
regulations adopted pursuant to that article.
(2)
Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.
A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit.
(e)
For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.

Legislative History

Amended by Stats. 2025, Ch. 463, Sec. 4. (SB 635) Effective January 1, 2026.