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ADOPT AN ORDINANCE AMENDING TITLE 5 TO ADD CHAPTER 5.106, AND AMENDING CHAPTER 5.08, SECTION 5.08.280; AMENDING TITLE 8 TO ADD CHAPTER 8.70, AND AMENDING CHAPTER 8.56, SECTIONS 8.56.101, 8.56.030, AND 8.56.040; AMENDING TITLE 12, CHAPTER 12.56, SECTION 12.56.010; AND REPEALING TITLE 12, CHAPTER 12.76 OF THE STOCKTON MUNICIPAL CODE REGARDING STREET AND SIDEWALK VENDOR REGULATIONS; AND A PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL YEAR 2024-25 FEE SCHEDULE
recommended action
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an Ordinance amending Title 5 to add Chapter 5.106, and amending Chapter 5.08, Section 5.08.280 of the Stockton Municipal Code regarding street and sidewalk vendor regulations to comply with provisions of State Law enacted by Senate Bill 946 (2018);
2. Adopt an Ordinance amending Title 8 to add Chapter 8.70, and amending Chapter 8.56, Sections 8.56.101, 8.56.030, and 8.56.040; amending Title 12, Chapter 12.56, Section 12.56.010; and repealing Title 12, Chapter 12.76 of the Stockton Municipal Code regarding street and sidewalk vendor regulations to comply with provisions of State Law enacted by Senate Bill 946 (2018) and Senate Bill 972 (2022);
3. Adopt a Resolution approving an amendment to Fiscal Year 2024-25 Fee Schedule relating to street and sidewalk vendor fines; and
4. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinances and resolution.
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Summary
The proposed ordinances addresses the need to align the Stockton Municipal Code (SMC) with recent state legislation (SB 946 and SB 972) governing street vending. These state laws introduce new regulations, enforcement guidelines, and a new category of vendors (Compact Mobile Food Operations), requiring updates to the SMC to ensure compliance and clarity. The proposed amendments will address licensing and permitting requirements, operational standards, and enforcement procedures for street vendors and CMFOs. Additionally, the amendments will clarify permitted vending locations and ensure that penalties for violations are consistent with state law. By adopting these changes, the City of Stockton will provide a clear and consistent regulatory framework for street vending, fostering economic opportunities while safeguarding public health and safety.
DISCUSSION
Background
State laws SB 946 (2018) and SB 972 (2022) significantly impacted regulations for street vendors across California. These laws aimed to promote entrepreneurship and economic opportunities for a wider segment of the population while ensuring public health and safety. Specifically, SB 946 standardized enforcement actions for street vending violations, limiting penalties to infractions and prohibiting more severe misdemeanor charges that could disproportionately impact vendors. SB 972 established Compact Mobile Food Operations (CMFOs) as a distinct category of vendors, recognizing their unique characteristics and operational needs compared to traditional food trucks and carts. The legislation also clarified that cities cannot completely prohibit vending in public spaces like parks and sidewalks, promoting greater access for vendors while still allowing for reasonable time, place, and manner restrictions to address potential concerns about congestion or public safety. Furthermore, SB 946 introduced specific licensing and permitting requirements for street vendors, aiming to ensure proper registration and authorization while streamlining the process to reduce barriers to entry.
However, the SMC has not yet been updated to reflect these changes, creating potential conflicts and inconsistencies. This lack of alignment results in outdated enforcement measures that may be more punitive than allowed under state law, a complete absence of regulations for the newly established CMFO category, and ongoing conflicts between the SMC's restrictions on vending locations and the state's intent to promote greater access to public spaces. Additionally, the SMC needs to incorporate the specific licensing and permitting requirements outlined in SB 946 to ensure that street vendors are properly registered and operating within the bounds of the law. The proposed ordinance aims to comprehensively address these inconsistencies and bring the SMC into full compliance with state law, fostering a supportive and equitable environment for street vendors while safeguarding public health and safety.
Present Situation
The passage of SB 946 in 2018 significantly altered the regulatory framework for street vending in Stockton. By removing prohibitions on vending in public parks and sidewalks, the legislation led to a substantial increase in street vendor activity, particularly in popular areas like Angel Cruz Park and Victory Park. This increase presents both opportunities and challenges that the City must address.
Increased street vending offers several potential benefits. It can contribute to the local economy by providing entrepreneurship opportunities, particularly for individuals who may face barriers to traditional employment. It also expands consumer access to a diverse range of goods and services, often at more affordable prices than traditional retail establishments. Furthermore, street vendors can enhance the vibrancy and cultural richness of public spaces, offering unique culinary experiences and handcrafted items.
However, the rise in vending activity has also generated challenges. Increased traffic congestion and parking shortages have become more pronounced around popular vending locations, impacting residents and businesses in those areas. The accumulation of trash and debris, both from vendors and customers, has placed a greater burden on public services and raised concerns about environmental impacts. Moreover, the influx of vendors into public spaces not originally designed for intensive commercial use has resulted in damage to landscaping, irrigation systems, and other public infrastructure.
These challenges are further compounded by the current SMC’s outdated provisions. The lack of clear guidelines for vending locations, hours of operation, and waste disposal creates ambiguity for vendors and limits the City's ability to effectively manage vending activities. Outdated enforcement mechanisms may also be inconsistent with state law, hindering effective regulation. Additionally, the absence of specific regulations for CMFO’s leaves a regulatory gap that must be addressed.
To effectively address these challenges and capitalize on the potential benefits of street vending, the City must update its regulations to align with state law and reflect the current realities of street vending in Stockton. This requires developing comprehensive guidelines for permitted vending locations, hours of operation, and spatial restrictions. These guidelines should carefully balance the needs of vendors with the preservation of public spaces and the interests of surrounding businesses and residents, potentially through strategies such as designating specific vending zones, implementing time-based restrictions, and establishing clear standards for waste disposal and sanitation.
The proposed revisions to the SMC will ensure compliance with state law and enhance the regulatory framework for street vending. Creating new chapters within the SMC will provide clear and concise guidance to vendors, enabling them to operate in accordance with both state and local regulations. These revisions will also address public health and safety concerns by incorporating provisions related to food preparation and allowing for greater collaboration between Neighborhood Services Section (NSS) inspectors and public health officials to address potential health violations.
Furthermore, the updated SMC will mitigate the impact of increased vending activity on public spaces. New provisions will address issues such as waste management, noise control, and the protection of public infrastructure. By amending and repealing outdated or irrelevant sections of the SMC, the City will ensure that the code accurately reflects current state law and provides a comprehensive and enforceable regulatory framework for street vending. This comprehensive approach will foster a balance between supporting economic opportunities for vendors and safeguarding the interests of the community.
Publication
The Notice for this public hearing was published in The Record on April 17, 2025.
FINANCIAL SUMMARY
There are no General Fund or Departmental costs associated with the adoption of the ordinances as drafted. If the ordinance is approved by the City council, staff will include the new fees in the current FY 2024-2025 fee schedule as an amendment. The proposed fees include:
• First Offense of Violation SMC 8.70.110(A) - $100
• Second Offense of Violation SMC 8.70.110(A) - $200
• Repeated failure to comply with SMC 8.70.110(A) within a single calendar year - $500
• First Offense of Violation SMC 8.70.110(B) - $250
• Second Offense of Violation SMC 8.70.110(B) - $500
• Repeated failure to comply with SMC 8.70.110(B) within a single calendar year - $1,000
• Public Property Use Fee - $60
Attachment A - Proposed Business License Ordinance Amendments redlined version
Attachment B - Proposed Enforcement Ordinance Amendments redlined version