Bill Text: CA SB1290 | 2021-2022 | Regular Session | Amended
Bill Title: Sidewalk vendors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1290 Detail]
Download: California-2021-SB1290-Amended.html
|
Amended
IN
Senate
April 20, 2022 |
|
Amended
IN
Senate
March 16, 2022 |
| Introduced by Senator Allen |
February 18, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
(1)Existing
(2)Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law, for purposes of the code, defines a “cottage food operation” as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than 1 full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged.
This bill would
remove the gross annual sales limitation in the definition of “cottage food operation.” The bill would also make various other changes to the cottage food operation requirements, including authorizing the sale of the cottage food product at a mobile food facility owned by the cottage food operator.
(3)The California Retail Food Code defines “limited food preparation” as food preparation that is restricted to specified activities, including dispensing or portioning of nonpotentially hazardous food, slicing and chopping of food on a heated cooking surface during the cooking process, and holding, portioning, and dispensing foods that are prepared at a satellite food service or catering operation.
This bill would include in the definition of “limited food preparation” dispensing and portioning for immediate service to a customer a food that has been temperature controlled until immediately prior to
portioning or dispensing, slicing and chopping of nonpotentially hazardous food that has been washed at an approved facility, hot and cold holding of food previously prepared at an approved facility, and reheating of food previously prepared at an approved food facility and stored at the approved temperatures.
(4)The California Retail Food Code defines “mobile food facility” and regulates what types of food may be provided at a mobile food facility. The code requires mobile food facilities to meet specified health and safety standards, including access to warewashing sinks, restrooms, and handwashing facilities and required quantities of potable water.
This bill would create the category of “compact mobile food facility,” a subtype of mobile food facility, and would define it as a nonpermanent food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other nonmotorized conveyance. The bill would exempt a mobile food facility that sells only prepackaged, nonpotentially hazardous foods or whole raw fruits or vegetables from the California Retail Food Code. The bill would authorize the department to exempt mobile food facilities from specified provisions of the code, including potable water and restroom requirements, if the department determines that the mobile food facility has access to sufficient facilities for those purposes in another manner, as specified. The bill would exempt a compact mobile food facility from certain additional provisions of the code, including a requirement to have an owner or employee who has passed an accredited and approved food safety certification examination. The bill would authorize the department to pre-approve a standard plan for a standardized or mass-produced facility intended to serve as a mobile food facility and would authorize a mobile food facility to use that standardized or mass-produced
facility without submitting plans for the individual unit.
The code requires a food facility to have a valid permit to be open for business and authorizes the local enforcement agency to charge a fee for the permit or registration or related services.
This bill would authorize the local enforcement agency to reduce the fee for the permit, registration, or related service for an applicant seeking approval of a compact mobile food facility.
(5)Existing law provides for the regulation of microenterprise home kitchen operations and limits those operations to not serving more than 30 individual meals per day and not more than 60 individual meals per week and to no more than $50,000 in verifiable gross annual sales, as adjusted for inflation.
This bill would remove the meal and gross annual sales limitations on
microenterprise home kitchen operations and would authorize those operations to sell directly to consumers from a mobile food facility.
(6)Under existing law, violation of the California Retail Food Code is a misdemeanor, unless otherwise specified.
This bill would remove all criminal penalties for a violation of the code and would, instead, authorize the imposition of administrative fines for violations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
(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
a 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.
(c)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:
(1)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.
(2)Requirements to maintain sanitary conditions.
(3)Requirements prohibiting any of the following:
(A)The improper discharge of fats, oils, and grease into sewer, water, and storm systems or within other areas of the environment, including sensitive habitat and city infrastructure.
(B)The pollution of protected habitat caused by the abandonment of restricted materials, including, but not limited to, plastic and Styrofoam, known to cause detrimental impact on ocean life.
(C)Conditions that create a fire or environmental hazard.
(D)Conditions that render air, food, or drink unwholesome, unsanitary, or detrimental to health.
(E)Conditions that are current or imminent safety
hazards that pose an immediate danger to life, property, health, or public safety.
(4)Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(5)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 accepts 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 that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.
(6)Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit.
(7)Requiring additional licenses from other state or local agencies to the extent required by law.
(8)Requiring compliance with other generally applicable laws.
(9)Requiring a sidewalk vendor to submit information on their operations, including, but not limited to, any of the following:
(A)The name and current mailing address of the sidewalk vendor.
(B)A description of the merchandise offered for sale or exchange.
(C)A certification by the vendor that to
the vendor’s knowledge and belief, the information contained on the form is true.
(D)The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
(E)If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(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.
SEC. 2.SECTION 1.
Section 51039 of the Government Code is amended to read:51039.
(a) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:(c)If an administrative fine is issued pursuant to this section and the sidewalk vendor refuses to accept the citation or notification of fine or refuses to show identification, the enforcing agency may temporarily impound the cart and equipment until the sidewalk vendor provides identification and accepts the citation or notification of fine.
(d)
(e)
(f)
(g)
(h)
