MEETING DATE:
July 14, 2026
SUBJECT:
Title
ORDINANCE NO. 2026-1582 AND RESOLUTION NO. 2026-9633 - ADDING CHAPTER 5.80 (SIDEWALK VENDING) TO THE SAN MARCOS MUNICIPAL CODE, AND ADOPTING SIDEWALK VENDING REGULATIONS AND SETTING PERMITTING FEES FOR SAME
Body
Recommendation
Recommendation
INTRODUCE (First Reading) Ordinance 2026 - 1582, an Ordinance adding Chapter 5.80 (Sidewalk Vending) to the San Marcos Municipal Code; and
ADOPT Resolution 2026-9633, adopting Sidewalk Vending Regulations and Setting Permitting Fees for the Same
Body
Board or Commission Action
Not Applicable
Executive Summary
The City is authorized by state law to regulate sidewalk vending on its sidewalks and pedestrian pathways. As the City does not currently have an adopted ordinance in place, it has been regulating these activities by means of an administrative resolution and right-of-way permits. Due to increased sidewalk vending activities, staff recommends that the City Council consider the adoption of a more comprehensive regulatory program. The ordinance and resolution presented with this item are intended to establish such a program.
Discussion
Effective in 2019, California State Senate Bill No. 946, codified at California Government Code sections 51036 through 51039, regulates provisions relating to sidewalk vending activities throughout California ("SB 946"). SB 946 restricts the City's ability to prohibit sidewalk vending activities. It also restricts the City's ability to regulate such activities except pursuant to a sidewalk vending program adopted pursuant to SB 946, and it prohibits criminal enforcement activity.
SB 972, effective 2022, amended the California Retail Food Code (Retail Food Code) provisions of the California Health and Safety Code to update food safety laws, and to prohibit criminal enforcement of the Retail Food Code. Violations of the Retail Food Code are only punishable by an administrative citation and fine, mirroring the enforcement limits...
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