Chapter 3.36 — SIDEWALK VENDORS

Footnotes:

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Editor's note— Ord. No. 2025-48, § 1, adopted September 11, 2025, repealed the former Ch. 3.36, §§ 3.36.010—3.36.140, and enacted a new Ch. 3.36. Subsequently, Ord. No. 2025-63, § 1, adopted November 13, 2025, repealed the former Ch. 3.36, and enacted a new Ch. 3.36 as set out herein. The former Ch. 3.36 pertained to peddlers and solicitors and derived from prior gen. code §§ 2-66.0—2-66.8, 2- 68.0—2-68.3. 4-41.0; Ord. 2007-51, § 1, adopted 2007.

A.

The purpose of this chapter is to establish a permitting and administrative program for sidewalk vending that is consistent with Senate Bill 946 (Chapter 459, Statutes 2018) and Senate Bill 972 (Chapter 489, Statutes 2022). The provisions of this chapter allow the county to facilitate sidewalk vending activities through proper administration, while also protecting the public's health, safety, and welfare.

B.

The board of supervisors hereby finds that to promote entrepreneurship and support immigrant and lowincome communities, while also promoting the public's health, safety, and welfare, laws and regulations governing sidewalk vending are necessary to:

1.

Prohibit unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress and egress from any residence, business, public facility or legally parked or stopped vehicles;

2.

Provide reasonable access for the safe and efficient use and maintenance of sidewalks, poles, posts, traffic signs or ramps, hydrants, mailboxes, police or fire call boxes, sidewalk elevators, delivery areas, loading zones, transit shelters, curb ramps, parking meters, and locations used for public transportation services;

3.

Require that sidewalk vending activities comply with the Americans with Disabilities Act and do not restrict passage for persons with disabilities;

4.

Preserve sanitary conditions by requiring that vendors are individually responsible for cleaning up any garbage or debris that directly results from their sidewalk vending activities; and

5.

Prevent or minimize other public health, safety, or welfare hazards caused or exacerbated by unregulated vending.

(Ord. No. 2025-63, § 1, 11-13-25)

As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this part. If a term or phrase is not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to be correct.

"County" means the County of Alameda, a political subdivision of the State of California.

"Department" means the Alameda County Planning Department.

"Director" means the Director of the Alameda County Planning Department.

"Enforcement official" means the Alameda County Planning Director or their designee.

"Food" means any raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum, and any item identified in California Health and Safety Code Sections 113781, et seq.

"Merchandise" means any item that is not food as defined in this chapter.

"Public right-of-way" means land, which by deed, conveyance, agreement, dedication, usage or process of law is used or reserved for use as a public roadway in the unincorporated area, and also includes, but is not limited to, the sidewalk.

"Sidewalk" means the area of the public right-of-way that is designated or ordinarily used for pedestrian travel and does not include alleys.

"Sidewalk vending unit" means a facility for the sale of food and/or merchandise that operates from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person.

"Sidewalk vendor activities" or "sidewalk vending activity" includes vending and/or actions done in anticipation of being a sidewalk vendor such as, but not limited to, operation, installation, placement, or maintenance of any sidewalk vending units.

"Sidewalk vendor" means, as defined in California Government Code Section 51036(a), a person who vends from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon the public right-of-way. The term "sidewalk vendor" does not include a person or entity that vends from any motorized vehicle upon which food is sold or distributed.

"Sidewalk vendor permit" means a permit issued by the department under the provisions of this chapter and the regulations issued under this chapter.

"Vend" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or barter food or merchandise. Vending includes offering free samples of food or merchandise that are also for sale or negotiating fees for food or merchandise.

(Ord. No. 2025-63, § 1, 11-13-25)

A.

Regulations. In enacting this Chapter 3.36, the board of supervisors delegates authority to the community develop agency director (CDA Director) or their designee to, after a noticed public hearing, adopt such rules and regulations as necessary to implement, administer, and enforce this chapter, including the authority to

prohibit sidewalk vendors within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet and within the immediate vicinity of an area designated for a temporary special permit when such prohibitions are allowed by Government Code Section 51038(d).

B.

The CDA director or their designee may revise the adopted regulations from time to time after:

1.

Posting the proposed revisions to the regulations on the county's webpage for not less than thirty (30) calendar days with a solicitation for public comments and considering any public comments received; and

2.

Providing the proposed revisions to the regulations to the chairs of the affected municipal advisory councils (MAC) for their review and comment during the same 30-day period and considering any comments received from the MACs.

C.

Permit Fee. The annual permit fee for each sidewalk vendor permit is two hundred seventy-three dollars ($273.00).

(Ord. No. 2025-63, § 1, 11-13-25)

A.

Permit Required. No person may perform any sidewalk vending activities in the unincorporated areas of Alameda County, including on a public right-of-way or any other street, sidewalk, alley, walkway, or pedestrian path available to the public, without first having obtained a sidewalk vendor permit issued pursuant to this chapter.

B.

Permit Display Required. A sidewalk vendor shall prominently display a valid sidewalk vendor permit that corresponds to the vendor's sidewalk vending activity while vending in the unincorporated areas of Alameda County in accordance with this chapter.

C.

Application. A written application for a sidewalk vendor permit shall be filed with the department on a form provided by the department. The contents of the application are identified in the regulations adopted pursuant to this chapter.

D.

Application and Permit Fees. Each application for a sidewalk vendor permit shall be accompanied by an application fee, as established by the board of supervisors in the fee schedule. The application and permit are only applicable to the individual(s) named on the application.

E.

Permit Fee Waiver. The CDA director or their designee may adopt regulations authorizing the director to fully or partially waive fees for new sidewalk vendor permits and partially waive fees for sidewalk vending permit renewals, for reasons including, but not limited to, economic hardship and a vendor's status as an agent of a nonprofit corporation exempt from federal taxation under 26 U.S.C. Section 501(c)(3), as it may be amended.

(Ord. No. 2025-63, § 1, 11-13-25)

A.

The department may approve, conditionally approve, or deny an application for a sidewalk vendor permit in accordance with the regulations adopted pursuant to this chapter.

B.

A sidewalk vendor permit is non-transferable. Any change in ownership of a sidewalk vendor or sidewalk vending unit requires a new permit under this chapter.

C.

All sidewalk vendor permits issued under this chapter expire on December 31 of the year in which they were issued, unless such permit was issued within forty-five (45) days of the end of the calendar year, in which case such permit shall expire on December 31 of the following calendar year.

D.

The department may rescind a sidewalk vendor permit for any of the reasons contained in the regulations adopted pursuant to this chapter, or the discovery of false or misleading information in the permit application.

(Ord. No. 2025-63, § 1, 11-13-25)

A.

The department is charged with the enforcement of the provisions of this chapter. Any enforcement official may at all reasonable times inspect the facilities and operations of a sidewalk vendor in accordance with this chapter, the regulations issued hereunder, and all other laws and regulations applicable to sidewalk vending.

B.

Violations of this chapter and the regulations issued hereunder shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative fine and rescission provisions:

1.

A warning for a first violation;

2.

An administrative fine not exceeding one hundred dollars ($100.00) for a second violation;

3.

An administrative fine not exceeding two hundred dollars ($200.00) for a third violation within one year of the first violation; and

4.

An administrative fine not exceeding five hundred dollars ($500.00) for each additional violation within one year of the first violation.

C.

If a sidewalk vendor violates any portion of this chapter and cannot present the citing officer with proof of a valid sidewalk vendor permit, the sidewalk vendor may be punished by:

1.

A warning for a first violation;

2.

An administrative fine not exceeding two hundred fifty dollars ($250.00) for a second violation;

3.

An administrative fine not exceeding five hundred dollars ($500.00) for a third violation within one year of the first violation; and

4.

An administrative fine not exceeding one thousand dollars ($1,000.00) for each additional violation within one year of the first violation.

D.

Upon proof of a valid sidewalk vendor permit issued by the county that is applicable on the date of the violation, the administrative fines set forth in subsection C shall be reduced to the administrative fines set forth in subsection B.

E.

Notwithstanding any other provision of this Code, when imposing an administrative penalty pursuant to this chapter, the director shall provide the person who is the subject of the administrative penalty with notice of the right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

F.

A person who is the subject of an administrative penalty under this chapter may request that the department make an ability-to-pay determination by submitting a request on a form prescribed by the director pursuant to California Government Code Section 51039(f)(1). The person may request this determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

G.

The director may may waive the fine or may offer an alternative disposition.

H.

The director, or their designee, may rescind a sidewalk vendor permit for the term of that permit upon a fourth or subsequent violation of this chapter in accordance with the requirements prescribed in Section 3.36.070.

(Ord. No. 2025-63, § 1, 11-13-25)

A.

Decisions to deny an application for a permit, to impose administrative fines, or to rescind a permit may be appealed by the applicant or sidewalk vendor. Appeals shall be heard and determined by the applicable board of zoning adjustments.

B.

Appeals must be filed within twenty-one (21) calendar days of the decision or imposition of an administrative fine. Notwithstanding any other provision of law, a person appealing an administrative fine is not required to pay the administrative fine as a prerequisite to filing an appeal.

C.

Appeals of decisions or administrative fines shall be made in writing to the applicable board of zoning adjustments on forms provided by the department. The appeal shall state the facts and basis for the appeal.

D.

Appeals of a decision to deny an application for a sidewalk vendor permit shall be accompanied by a fiftydollar ($50.00) fee.

E.

Decisions regarding administrative fines that are appealed shall not become effective until the appeal is final.

F.

An appeal shall be scheduled for a hearing before the board of zoning adjustments within thirty (30) calendar days of the receipt of the appeal unless both the appellant and the director consent to a later date.

G.

The appropriate board of zoning adjustments shall give notice in writing to the appellant of the time and location of the appeal hearing. At the hearing, the board of zoning adjustments shall review the record of the decision or administrative fine and hear testimony of the appellant, the applicant, and any other interested party. The appeal shall be reviewed and determined on a de novo basis.

1.

If an administrative fine is the subject of an appeal, the board of zoning adjustments shall take into consideration the person's ability to pay the fine. The board of zoning adjustments shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at or before the hearing or while the administrative fine remains unpaid.

2.

If the person meets the criteria described in subdivision (a) or (b) of California Government Code Section 68632, or any successor section, the board of zoning adjustments shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this chapter.

3.

The board of zoning adjustments may waive the administrative fine or may offer an alternative disposition.

H.

After the hearing, the board of zoning adjustments shall affirm, modify, or reverse the original decision or administrative fine. When a decision or administrative fine is modified or reversed, the board of zoning adjustments shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) calendar days of the close of the hearing. The board of zoning adjustments shall mail notice of a decision to the appellant. Such notice shall be mailed within five working days after the date of the decision to the appellant. The decision of the board of zoning adjustments shall be final.

(Ord. No. 2025-63, § 1, 11-13-25)