Bill Text: CA SB1290 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
NOYES
Local Program:
NO
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
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Amended
IN
Senate
May 09, 2022 |
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Amended
IN
Senate
April 20, 2022 |
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Amended
IN
Senate
March 16, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1290
| Introduced by Senator Allen |
February 18, 2022 |
An act to amend amend, repeal, and add Section 51039 of of, and to add Section 51039.9 to, the Government Code, relating to
sidewalk vendors.
LEGISLATIVE COUNSEL'S DIGEST
SB 1290, as amended, Allen.
Sidewalk vendors.
Existing law prohibits a local authority, as defined, from regulating sidewalk vendors, except in accordance with specified provisions. Existing law establishes that a violation of a local authority’s sidewalk vending program is punishable only by an administrative fine, subject to an ability-to-pay determination, and recision of a permit issued to a sidewalk vendor for the term of that permit upon the 4th violation or subsequent violations, as specified. Existing law requires a local authority to accept 20% of the administrative fine under specified circumstances.
This bill bill, until January 1, 2026, would authorize a local authority not to make an
ability-to-pay determination when assessing an administrative fine and would permit a local authority to not not to accept 20% of the administrative fine for the 4th violation or subsequent violations within one year of the first violation. violation of the same regulation if the local authority’s sidewalk vending program satisfies certain criteria. Those criteria would include, among others, that the local authority authorizes permitted vending areas, as defined, adjacent to all areas where the local authority prohibits stationary or roaming vendors, or both, except as provided. The bill would require the Governor’s Office of Business and Economic
Development, by January 1, 2025, to complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances and recommendations for legislative changes, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
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:(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) Section 51038.
(f) (1) Except as provided in paragraph (4), 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 the 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) Except as provided in paragraph (4), 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.
(4) (A) For the fourth violation or subsequent violations within one year of the first violation, violation of the same regulation, a local authority may assess an administrative fine pursuant to subdivision (a) without complying with the requirements of paragraphs (1) and (2) of this subdivision. subdivision if the local authority’s sidewalk vending program satisfies all of the following criteria:
(i) The local authority
authorizes permitted vending areas adjacent to all areas where the local authority prohibits stationary or roaming vendors, or both, except that a local authority shall not be required to authorize a permitted vending area directly adjacent to areas zoned exclusively for residential use, certified farmers’ markets, swap meets, and parks.
(ii) The local authority has posted on its internet website any regulations that it has adopted pursuant to this chapter in the two most commonly spoken languages within the jurisdiction of the local authority.
(iii) Prominent signage identifies all areas where stationary or roaming sidewalk vendors, or both, are prohibited.
(B) For purposes of this paragraph, “permitted vending area” means an area that meets all of the following conditions:
(i) Both stationary and roaming sidewalk vendors shall be authorized to operate within the area.
(ii) The area shall provide sidewalk vendors with substantially similar access to customers as would be provided if sidewalk vending were authorized in the adjacent location where stationary or roaming sidewalk vending, or both, are prohibited.
(iii) The area shall be of sufficient size to allow for the simultaneous operation of sidewalk vendors in numbers commensurate with the anticipated number of sidewalk vending customers.
(iv) The local authority has adopted regulations specific to the permitted vending area to enhance opportunities for sidewalk vending.
(v) The area is designated by prominent signage and identified on the local authority’s internet website.
(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 the 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) This subdivision or related provisions do not diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.
(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.
Section 51039 is added to the Government Code, 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:(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) 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 the 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 the 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) This subdivision or related provisions do not diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.
(h) This section shall become operative on January 1, 2026.
SEC. 3.
Section 51039.9 is added to the Government Code, to read:51039.9.
(a) On or before January 1, 2025, the Governor’s Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.
(c) This section shall remain in effect only until January 1, 2029, and as of that date is
repealed.
