5.
Analysis of the Existing Regulations 2019-22 In this section, I start by summarizing and critiquing California's Ordinance SB-946 (on which the food vending permit system is based). Further, I study the food vending permit system and its compatibility with the transient nature of street vending. In 2022, the food vending permit system became a part of Oakland's Flex Street Program. I conclude my analysis keeping in mind the economic and social vulnerability of the street vending community of Oakland Chinatown.
5.1.
2018 | Bill - SB - 946 Sidewalk Vending Ordinances SB - 946 legalized street vending in California. The ordinance emphasized economic, social, and cultural significance. It specifically highlighted street vending as an opportunity for low-income and immigrant communities. SB-946 recognizes street vending as a means to “increase access to culturally significant food and merchandise”. It also leverages sidewalk vending as an agent to ensure “safe and dynamic public spaces”. For the welfare and safety of the general public, the ordinance “urges cities to form a regulating system for food street vending”. Further, the law prescribes potential components of the permit requiring street vendors to comply with disability access standards and maintenance of sanitary conditions of the sidewalk. Additionally, the ordinance authorizes the cities to penalize the street vendors if they do not abide by the regulations.7
Critique ●
Penalizing the vulnerable SB - 946, is a huge step forward towards decriminalizing street vending in California. Even though it recognises the positive contributions of street vending to the public realm, it formalizes street vending by urging cities to formulate their own permit system. The bill allows cities to penalize street vendors who do not comply. Therefore, street vendors are always at the risk of prosecution. In the
7
(Bill Text - SB-946 Sidewalk Vendors. 2019) 17
