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.

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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)

case of Oakland Chinatown, street vendors belong to elderly immigrant population. These street vendors might not even earn as much as a 100 dollars/ month to pay for penalties.

● Encouragement by regulating?

SB-964, directs cities to encourage street vending activities since they are good for the general public. However, it only provides regulation as a tool for encouragement. The bill does not hint on funding, inclusion in street design or future proposals.

● How to engage?

Since the SB-964 does not mention the method of outreach or capacity building, street vendors fall at the mercy of cities to acquire permits.

● Regulating transient street vendors?

Street vending is a transient activity, which means that it is a flexible, adaptable and permanent process yet temporary, However, SB-964, does not provide guidance on the ever evolving nature of street vending to the City.

5.2. 2019 | Food Vending Permit System

Following SB-946, the City of Oakland formulated a permit system for street vending activities for regulation which was a three step process that consists of acquiring a health permit, liability insurance, and a fire inspection permit. According to the regulation, the application should be completed and submitted in-person. For a low income street vendor, this system is costly in terms of time and money. According to the enforcement section of Administrative Guidelines for Mobile Food Vending, street vendors are subject to penalties for over 1,000 dollars for vending without a permit on the street.

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Critique

● Incentives vs Penalize

8 (“Permit Application for Mobile Food Sidewalk Vending (2019)

The city does not provide any incentives to the street vendors to acquire a permit. Acquiring a permit will cost street vendors loss of time and money.

● Health permit on irregular produce supply?

As observed in the case of street vendors in Oakland Chinatown, street vendors do not have a regular supply of produce or merchandise, which can become an obstacle to acquiring a health permit for the food they sell on the street.

● Self - Regulated Americans with Disabilities Act compliance

Lack of disability access markings on the sidewalk, can put sidewalk vendors at risk. Since they do not have fixed boundaries, they are more likely to make mistakes.

5.3. 2022 | Flex Street Program

In 2020 with the onset of COVID-19, small scale businesses were adversely affected due to shelter in place. The City of Oakland developed a streamline process for brick and mortar businesses to use sidewalk and parking spaces. In 2022, City of Oakland merged the food vending permit system with the flex street program. Until 2023, the city will provide free permits to the vendors.

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9 (Flex Streets Initiative, 2022)