Vendors can also clear past charges for selling food under the new law.
Foodies, rejoice! California has long been known for its food truck culture. With great weather year-round and a vibrant population of chefs and home cooks willing to sell their wares along streets and sidewalks, our state is a mecca for anyone looking for diverse, delicious food. No matter what type of food you like, you are guaranteed to find it sold by a food truck or a street vendor somewhere in Southern California.
Unfortunately, selling food on the street has often been criminalized by cities across California. According to a criminal defense attorney San Bernardino, CA, street vendors have long been harassed and even arrested by cities and towns as they attempt to sell their food to customers. Many municipalities also make it difficult for vendors to obtain a license to operate, or require vendors to get permission from nearby businesses in order to set up their cart or truck. This has left vendors — many of whom are immigrants — in a precarious position, risking arrest or even immigration problems if they continue to sell food. In one example, a street vendor was held in an immigration detention facility for 6 months after being detained for selling corn. She was only released after an immigration judge intervened.
Recently, Governor Jerry Brown signed Senate Bill 946 into law, which will decriminalize the selling of food and other goods on sidewalks and in parks in California. Known as the Safe Sidewalk Vending Act, the law prevents street food vendors from facing criminal penalties for operating their businesses. It also allows any vendors who previously received citations under the law to clear them on the basis of Senate bill 946. This law goes into effect on January 1, 2019.
Senate Bill 946 encourages cities to create their own permitting programs for street vendors, so that the process is not entirely unregulated. However, the law sets guidelines so that these vendors are not held to standards that makes it impossible for them to obtain a permit or license. The rules for city permit programs include:
Cities cannot ban vending in parks;
Street vendors are not required to ask businesses for permission to operate; and
Cities cannot mandate where vendors operate unless there is a health, safety, or welfare issue.
Importantly, unless a city has a licensing system in place, it cannot prohibit or regulate vendors in any way.
Although Senate Bill 946 does clear the way for street vendors to operate, that does not mean that they do not have to comply with other rules. For example, they will still have comply with health regulations if they are selling fresh fruit or meat, pay their taxes, and obtain a business license. Street vendors who violate the law can still be fined or have their license to operate revoked.
One of the biggest benefits of this act is that street vendors can have their previous citations cleared. A skilled criminal defense attorney San Bernardino, CA can work with you to help you if you have previous citations or criminal charges for selling food as a street vendor.
At the Chambers Law Firm, we represent clients who have been charged with a range of criminal offenses. We offer a number of services, including helping our clients get their criminal records cleared. To schedule a free initial consultation with an experienced criminal defense attorney San Bernardino, CA, contact us today at 714-760-4088 or dchambers@clfca.com.
