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Solvang introduces update to sidewalk-vending rules to align with state law; first reading approved 5-0
Summary
Council introduced Ordinance No. 260394 to update Solvang's sidewalk-vending code to reflect recent state statutes and a California court decision. Changes clarify background-check limits, personal-data protections, health-permit applicability and ID/permit display; staff declined to add cart impoundment authority.
The Solvang City Council on April 13 introduced Ordinance No. 260394, revising the city's sidewalk vending chapter to conform to recent changes in state law and to guidance from a recent court decision.
City staff told the council the proposed changes make local regulations consistent with state statutes that limit certain enforcement tools and protect vendors' personally identifiable information. The presentation highlighted several specific updates: removing language that would require vendor background checks; clarifying that a health-and-safety permit is required only when state health code requires it (not for all food vendors); adding a requirement that vendors display identification and their city permit when applicable; and revising enforcement language so it does not authorize impoundment of carts (staff said impoundment would be inconsistent with state law as interpreted in the recent case).
Council members and staff discussed practical enforcement issues: how the city's administrative fine structure works, what the county can do under county health authority, and how to treat busking or free-speech activities that occur on sidewalks. Staff said jurisdictions are constrained by state law (SB 946 and subsequent statutory changes) and by case law; the county's enforcement approach (including impoundment tied to health-code violations) differs from how the city can act, staff added.
Quote: City staff explained the statute changes plainly: "One of the acts made it so that we couldn't do background checks anymore, and it protects personally identifiable information from sidewalk vendors," and said the local code language was adjusted accordingly.
Outcome: The council approved the ordinance's introduction on first reading by a 5-0 roll call vote. Staff said they will continue to monitor county practices and case law while bringing the ordinance back for second reading and adoption.
Sources: City staff presentation to council; ordinance introduced as Item 8B (Ordinance No. 260394); council roll-call vote (5-0).
