Vacaville council studies sidewalk-vending ordinance after county sweeps find food-safety problems

Vacaville City Council received a study-session briefing on sidewalk vending and asked staff to return with a draft ordinance and fee schedule that would follow state law while addressing local health, safety and pedestrian-access concerns.

Assistant City Attorney Annie Branham opened the presentation by defining sidewalk vending as nonmotorized vending on public sidewalks and right-of-way, distinguishing that activity from motorized mobile vendors such as food trucks. "When we talk about sidewalk vendors, we're talking about people vending on public property," Branham said, adding that stationary and roaming nonmotorized vendors fall under the state rules and the city—s proposed ordinance would address the public-right-of-way category.

Why it matters: statewide changes since 2018 removed criminal penalties for sidewalk vending and narrowed local enforcement tools for food-safety violations. Branham told the council that SB 946 (2018) "decriminalized sidewalk vending" while preserving the city's ability to adopt civil time, place and manner restrictions; SB 972 (2022) further limited municipal authority over enforcement tied to the California Retail Food Code, leaving much food-safety enforcement to the county.

City and public-safety staff described recent joint sweeps with Solano County. "Since October 2024, the city with the county has contacted 3 of these sweeps," Fire Marshal Jill Childers said; staff reported inspecting six vendors at the first sweep, eight at the second and two at the most recent event, with one vendor not set up after learning of inspection. Childers and other staff showed photos and described examples of unsafe practices, including food stored without refrigeration and containers that appeared to contain raw meat.

Staff said existing city code can still address many issues (blocking sidewalks, obstructing curb ramps, certain temporary-use permits on private property), and an ordinance could require a city sidewalk-vending permit, business license and, optionally, insurance and prominent display of permits. Branham summarized common permit elements: an application form, copies of required county health permits when applicable, photos/dimensions of vending devices, hours of operation, and contact information.

Limits and options: staff explained items the city can do and cannot do under state law. The city may set hours, require vendors to maintain ADA access and prohibit vending in narrowly defined areas after making findings about health, safety or welfare. The city cannot, however, broadly restrict vending to a single designated street, require vendors to obtain permission from adjacent private businesses, or impose criminal penalties for sidewalk vending on public property.

Public comments: business owners urged rapid action and stricter enforcement. Tina Fowler, who said she represents roughly 30 local business owners, asked that the council "move quickly on this" and that the city enforce existing municipal codes while adopting a new ordinance. Local restaurateurs described economic harm that unpermitted vendors are causing, and asked the city to protect licensed businesses.

Council response and timing: councilmembers repeatedly emphasized public health and a desire to protect licensed brick-and-mortar businesses. Several members supported requiring insurance, limiting food-preparation methods that pose high risks (for example, open deep-fat frying or wood-fire cooking in tents), and using a public-education period before full enforcement. Staff estimated a realistic schedule of first reading in January and possible adoption by the second January meeting, with a 30- to 60-day education phase-in that could push implementation into February or March.

No ordinance was adopted at the study session. Council gave general direction for staff to prepare a draft ordinance package that would include a vending-permit process, operational requirements, location restrictions consistent with state law, and an associated resolution setting permit and renewal fees. Staff also said the city will continue coordinating with Solano County on food-safety enforcement and joint evening sweeps when needed.

What comes next: staff will return with a draft ordinance and a decision-matrix-based proposal for council action. The council discussed either a 30-day or 60-day public-education period before fines or permit-suspension penalties take effect and asked staff to consider targeted evening enforcement to address vendors that routinely operate outside standard working hours.

Votes at a glance: earlier in the meeting the council approved consent items on a motion and second; the council voice vote was recorded as "Aye" for approval. No votes were taken on the sidewalk-vending ordinance at this meeting.

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Sources: Vacaville City staff presentation (Annie Branham, assistant city attorney; Jill Childers, fire marshal); public comments from Tina Fowler, Cesar Hernandez and Maria (manager, California Burrito); council discussion (Vice Mayor Chapman and council members Stockton, Ritchie, Silva, Freeman, Wiley).