Sidewalk Vending Ordinance Update
This project is part of the Strategic Roadmap and falls into the strategic priority of Grow the Economy. Specifically, this item relates to the implementation of the following project(s) Project 6, Part 6d: Covid-19 Pandemic Response; Sidewalk Vendor Ordinance.
Apply for a Sidewalk Vending Permit
BACKGROUND:
Senate Bill (SB) 946, also known as the Safe Sidewalk Vending Act, was signed into law on September 17, 2018 by Governor Jerry Brown and effective January 1, 2019. SB 946 adds Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the California Government Code to regulate sidewalk vendors throughout the State, including within the City of Hayward. Sidewalk vending is defined by SB 946 as a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
Specifically, SB 946 prohibits California cities and counties from banning sidewalk vendors from operating on public sidewalks. SB 946 also prohibits cities from regulating sidewalk vendors unless cities establish a permitting system that is consistent with the provisions of SB 946. SB 946 also requires that any restrictions placed on sidewalk vendors be directly related to objective health, safety, or welfare concerns. Local jurisdictions that wish to regulate sidewalk vending are required to first adopt a program with regulations consistent with SB 946.
PROJECT SUMMARY:
In order to be in compliance with SB 946, this project will prepare an ordinance to update chapters of the City of Hayward Municipal Code related to sidewalk vending that are currently inconsistent with State law. This project will also establish new time, place, and manner restrictions to regulate sidewalk vendors in the ordinance that are directly related to objective health, safety concerns. In order to do so, this project will engage in outreach efforts in the community and will address the concerns expressed by the community, Council Economic Development Committee, and City Council.
FINAL ORDINANCE:
On Tuesday, October 17, 2023, the City Council adopted the Sidewalk Vendor Ordinance which became effective on November 17, 2023.
SIDEWALK VENDING PERMIT:
Sidewalk Vendors must possess a Business License and a Sidewalk Vending Permit issued by the City of Hayward to engage in sidewalk vending activities. As part of the application process, applicants must also provide proof of general liability insurance and, if applicable, a California Department of Tax and Fee Administration Seller’s Permit and/or a Mobile Food Facility Permit issued by Alameda County Department of Environmental Health, if applicable.
All Sidewalk Vending Permit applications shall be submitted directly though the Hayward e-Permit Portal. All applications are reviewed for compliance with the City of Hayward Sidewalk Vending Ordinance Municipal Code, Chapter 6, Article 16.
OTHERS PERMITS:
- Seller's Permit from the California Department of Tax and Fee Administration
- Mobile Food Facility Permit from Alameda County Department of Environmental Health
- Business License from City of Hayward Revenue Division
WORKSHOPS:
Beginning January 31, 2024, the City will be holding monthly Sidewalk Vending Permit workshops. Starting with the workshop on February 29, 2024, all future workshops will be held the last Thursday of each month, featuring two sessions.
Session 1: Sidewalk Vending Permit Introduction (10:00 - 11:00 a.m.): Learn about the regulations and the process for obtaining a Sidewalk Vending Permit.
Session 2: Applying for a Sidewalk Vending Permit (1:30 - 2:30 p.m.): Receive assistance in completing the application for the Sidewalk Vending Permit. Computers will be available for use during this session.
All workshops are to be held at the Downtown Hayward Library in the Tech Center room.
Downtown Hayward Library, Tech Center: 888 C Street, Hayward CA, 94541 [MAP]
Date | Time | Calendar |
|---|---|---|
| Feb. 29, 2024 | 10:00 - 11:00 a.m. | Add to Calendar |
| Feb. 29, 2024 | 1:30 - 2:30 p.m. | Add to Calendar |
| Mar. 28, 2024 | 10:00 - 11:00 a.m. | Add to Calendar |
| Mar. 28, 2024 | 1:30 - 2:30 p.m. | Add to Calendar |
| Apr. 25, 2024 | 10:00 - 11:00 a.m. | Add to Calendar |
| Apr. 25, 2024 | 1:30 - 2:30 p.m. | Add to Calendar |
| May 30, 2024 | 10:00 - 11: 00 a.m. | Add to Calendar |
| May 30, 2024 | 1:30 - 2:30 p.m. | Add To Calendar |
| Jun. 27, 2024 | 10:00 - 11:00 a.m. | Add to Calendar |
| Jun. 27, 2024 | 1:30 - 2:30 p.m. | Add to Calendar |
| Jul. 25, 2024 | 10:00 - 11:00 a.m. | Add to Calendar |
| Jul. 25, 2024 | 1:30 - 2:30 p.m. | Add to Calendar |
If you would like to additional information on the workshops, you may either contact the Planning Division at (510) 583-4216 or email sidewalkvending@hayward-ca.gov.
CONTACTS:
If you would like to submit comments on the Ordinance or be added to the project’s interest list, you may do so via sidewalkvending@hayward-ca.gov.
If you have any general questions about sidewalk vending, please contact the Planning Division by emailing planning.division@hayward-ca.gov or by calling (510) 583-4216.
