(a)
(1)A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A)An administrative fine not exceeding one hundred dollars ($100) for a first violation.
(B)An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
(C)An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(2)A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
(3)
(A)If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vendi
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(a)
(1)
A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A)
An administrative fine not exceeding one hundred dollars ($100) for a first violation.
(B)
An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
(C)
An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(2)
A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
(3)
(A)
If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i)
An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(ii)
An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
(iii)
An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.
(B)
Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively.
(b)
The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.
(c)
Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in
subdivision (a) shall not be assessed.
(d)
(1)
A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law.
(2)
Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be
dismissed.
(e)
A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) of Section 51038.
(f)
(1)
When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while
the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(2)
If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a).
(3)
The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
(g)
(1)
A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for
sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in their case.
(2)
Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court
shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.
(3)
Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).
(4)
If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.
(5)
Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.
(6)
Nothing in this subdivision or related provisions is
intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.
(h)
(1)
When enforcing any provision of, or regulation adopted pursuant to, this part regulating a sidewalk vendor, an agency or department of a local authority shall not do any of the following:
(A)
Use local authority moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this chapter.
(B)
Inquire into an individual’s immigration status.
(C)
Place local authority personnel under the supervision of
an agency conducting immigration enforcement, or employ local authority personnel deputized
under the authority of an agency conducting immigration enforcement.
(D)
Use an officer or employee of an agency conducting immigration enforcement as an interpreter for local authority matters, or use local authorities as interpreters for
officers or employees of an agency conducting immigration enforcement.
(2)
For purposes of this subdivision, “agency or department of a local authority” includes any nonpublic entity that a local authority has delegated or assigned authority to, or has entered into a contract with, for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter.
(3)
A contract between a nonpublic entity and a local authority for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter entered into or modified on or after January 1, 2026, shall require the nonpublic entity to explicitly agree to adhere to the requirements of this subdivision, and shall be immediately terminated if it is found that the nonpublic entity has violated this subdivision.
(i)
When enforcing any provision of, or regulation adopted pursuant to, this part regulating a sidewalk vendor, an agency or department of a local authority that has been authorized to make arrests pursuant to Section 836.5 of the Penal Code shall not
use local authority moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this chapter.
(j)
This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.