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Pasco council reviews limits on regulating sidewalk produce vendors; staff to return with legal options
Summary
City attorney and staff told council that state law exempts sales of fruits, vegetables and eggs from certain local licensing requirements, limiting the city’s ability to require vendors to be licensed; staff said they will return with a legal memo and enforcement options and the police announced temporary outreach and education steps.
City of Pasco officials briefed the council May 5 on efforts to address street-corner vendors after residents raised safety and congestion concerns.
City Attorney (presenting) said state law creates an exemption for those selling fruits, vegetables and eggs and that the city’s mobile-vendor code (PMC 5.75.040 as cited in staff slides) cannot be used to require licensing of sellers who fall inside the statutory exemption. The attorney said the legal question for the council is whether the city may regulate where the activity occurs in the public right-of-way (sidewalks and curbside) even if licensing cannot be required.
Chief of Police and the building official told the council that public-safety and pedestrian clearances are the primary enforcement concerns. The building official said he will hire a temporary service in the coming days to drive outreach and education to vendor locations focused on clear pedestrian access and safety at intersections; the police chief said officers can address sidewalk obstructions and handle trespass on private property and that businesses may remove unwanted vendors from private lots.
Mayor Serrano and several council members urged staff to prioritize safety while respecting entrepreneurial opportunities; council member Perales and others emphasized using farmers markets and permitted locations as safer alternatives. City Attorney said staff will prepare a legal analysis and return with a memo and options next week, or within two weeks at the latest, and the council indicated it may consider action at a subsequent meeting.
