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 of sidewalk vending under SB 946.
SB 635 added section 114381.3 to the Health and Safety Code in 2025, expanding statewide sidewalk vending restrictions. This bill limits a local agency’s ability to collect information about sidewalk vendors during the permitting application process, including an applicant’s immigration status or criminal background. Any information collected is exempt from disclosure under the California Public Records Act.
A California appellate court recently analyzed San Diego’s sidewalk vending ordinance, enacted after SB 946 became effective, in connection with injunction proceedings relating to the Mustaqeem v. City of San Diego case. Although the matter is still pending, a preliminary injunction issued by the trial court in favor of San Diego was appealed to the Fourth District Court of Appeals. The decision on the injunction discussed San Diego’s enforcement provisions, which include impoundment of the vended goods and/or associated equipment and paraphernalia, and stated that a City may only enforce sidewalk vending violations through the administrative fines identified in the Government Code. The Court concluded that sidewalk vending equipment may not be impounded as a means of enforcement.
In San Marcos, a proposed sidewalk vending ordinance was introduced in 2021 but was ultimately not adopted by the City Council at the second reading. Since then, the City has regulated sidewalk vending activities pursuant to an administrative resolution that is consistent with state law and through the issuance of right-of-way permits. The City may benefit from more comprehensive regulations aimed at protecting the public health, safety, and welfare.
From a review of regulations adopted by other local agencies, it appears that only two cities in San Diego County lack a sidewalk vending ordinance. Two of the cities with regulations enacted them prior to SB 946; the majority of cities in the County enacted sidewalk vending ordinances after SB 946.
The proposed ordinance would provide clarity to the vending public, as well as to code personnel, law enforcement, and affected citizens. The proposed ordinance is consistent with SB 946, SB 972, SB 635, and current case law.
The ordinance proposed for the City Council’s consideration would add Chapter 5.80 to the San Marcos Municipal Code. If approved, the ordinance would become effective thirty days after its second reading and adoption. Adoption of the proposed resolution is also suggested at this time to allow immediate implementation of the standards contained in the ordinance; it would also serve to set the applicable permitting fees.
The proposed ordinance would regulate both stationary and mobile vendors operating on the City’s sidewalks or pedestrian pathways. Pursuant to SB 946, the City is limited to regulations related to protecting the public health, safety, or welfare. The ordinance would require the vendors to obtain City business licenses and a County health permit, as applicable. It would also establish a new vending permit for the sidewalk vending activities.
The ordinance provisions are focused upon:
1. Establishing operating times, standards, and generally permissible locations for vendor operations;
2. Avoiding impacts to the flow of pedestrian and vehicular traffic, particularly near schools and other areas that experience congestion;
3. Ensuring fire safety practices;
4. Requiring proper sanitization in food handling and preparation for vendors that will be selling food or beverages;
5. Limiting potential interference with the provision of emergency services;
6. Reducing the potential for personal injury and property damage; and
7. Complying with the American with Disabilities Act.
The accompanying resolution would implement these standards immediately upon adoption, to provide a regulatory framework until such time as the proposed ordinance becomes effective. It would also set the permit fees at $50 for roaming vendors, and $150 for stationary vendors, which is at or below the range set by other cities in the County. The higher fee for stationary vendors reflects the additional staff review of the stationary right-of-way encroachment and associated impacts.
In addition to a City-issued permit, the proposed ordinance provides that applicants must also obtain a business license and applicable County and state permits. A Park Use Permit is additionally required for vendors wishing to vend in City parks. A Park Use Permit will promote the safe navigation and passage of vendors and visitors throughout the park and help to ensure that the facilities can safely accommodate all who wish to be in the park.
2021 Proposed Ordinance
A sidewalk vending ordinance drafted within the limits of SB 946 was proposed in a first reading on September 28, 2021 but was not adopted at the time of the second reading on October 12, 2021. The proposed ordinance now under consideration is similar to the 2021 ordinance. Slight variations from the 2021 ordinance include:
1. Creating one sidewalk vending permit for both roaming and stationary vendors;
2. Limiting the size of sidewalk vending receptacles;
3. Establishing additional fire safety requirements;
4. Requiring that the sidewalk vending equipment never reduce a sidewalk to less than 48 inches of open space, exclusive of the curb;
5. Updating the City policy for abandoned sidewalk vending equipment;
6. Adding a reference to the requirement for a Park Use Permit for sidewalk vending activities occurring within City parks.
Environmental Review
The activity performed under this action is not a “project” as defined under Section 15378 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000 - 15387), and is therefore not subject to environmental review pursuant to Guidelines Section 15060(c)(3).
Fiscal Impact
The proposed ordinance and resolution are not anticipated to cause a significant fiscal impact. The proposed permitting fees represent a partial recovery of the cost of City staff time for permit review, and do not pose an undue impediment or barrier to the type of commercial activity that SB 946 seeks to foster. As proposed, the fees may also be adjusted from time to time either by City Council action or administratively by the City Manager.
Attachment(s)
Ordinance 2026-1582 Adding Chapter 5.80 (Sidewalk Vending) to the SMMC
Resolution 2026- 9633 Adopting Sidewalk Regulations and Setting Permit Fees
Prepared by: Jacqueline Paterno, Deputy City Attorney
Submitted by: Helen Holmes Peak, City Attorney
Reviewed by: Michelle Bender, City Manager