Roseville city council concerned over state sidewalk vending law impeding local businesses

The city of Roseville has begun preparing an ordinance regarding sidewalk vending, and it is clear the council has concerns regarding sidewalk vendors. The first reading of the ordinance came to be due to new state legislation regarding sidewalk vendors. Economic Development Manager Wayne Wiley said, "The main purpose of this action tonight is really to bring the city's code into compliance with state legislation and to provide clarity on the city's authority regarding governing sidewalk vendors." The Safe Sidewalk Vending Act (Senate Bill 946) was signed into law in September 2018. The law allows sidewalk vendors to operate in the "public right of way," according to Wiley, so long as they do not pose any health or safety risks. It also prohibits local jurisdictions from regulating sidewalk vending, unless they establish regulations consistent with the law. The law intends to help "underserved entrepreneurs" with their economic endeavors, however, most of the city council is concerned with how it impedes the economic endeavors of Roseville's businesses. Councilmember Tracy Mendonsa, known also for being the business owner of T-Bone's BBQ and Catering, weighed in on his concerns regarding sidewalk vending, saying, "First of all, I've seen many of these in the downtown area over the last couple months. … I have an issue with them being out here when we also have the food trucks and we have downtown merchants that are trying to also sell." The city hosts many events in Downtown Roseville, such as Food Truck Mania. Recently, the city hosted its Downtown Holiday Celebration, which offered small businesses to purchase a booth, varying from $50-$75, to sell at the event. Other vendors not officially associated with the event made an appearance selling their goods from carts. Mendonsa knows the benefits of healthy business competition. However, he said, "What message is this sending, when we have our food trucks down here and we have our businesses down here, to allow these vendors?" Wiley said if the city adopts its own ordinance, it can better "regulate" sidewalk vending activities to alleviate the competition against Roseville's businesses. To regulate sidewalk vending within state law, the ordinance includes the following requirements for sidewalk vendors: a business license, a seller's permit and a county health permit for food sales. This ordinance does not apply to food trucks or open-air vendors, since there is already an ordinance governing them. The proposed ordinance also includes regulations regarding sanitary conditions, loud music and sidewalk vendor placement. Sidewalk vendors must maintain a clean space when operating, may not play loud noise or music "in connection with the promotion of activities," may not obstruct vehicular or pedestrian traffic, may not vend within 1,000 feet of special events, farmers markets or swap meets, and must abide by park regulations when operating at a park. Wiley said the Roseville Police Department and Code Enforcement have been notified of the proposed ordinance, so, "If (sidewalk vendors) don't follow the regulations that are prescribed within this ordinance, then they would not be able to operate legally." Despite the creation of the ordinance, Mendonsa still has concerns regarding conflicting businesses and sidewalk vendors. "My biggest concern, as a business owner, is looking out for the businesses. So, I want to make sure that we don't have duplicates," Mendonsa said. "I'm all for people making money, as long as they do it the right way. But, I don't want it to happen at the price and the cost of our existing businesses down here." Mendonsa suggested they include enforcement of types of vendors allowed, but Wiley said their "hands are tied" because state legislation does not allow that. Councilmember Scott Alvord also brought up concerns regarding sidewalk vendors who currently reside outside of Denio's Market. "I know Denio's specifically, it's frustrating knowing that's a really popular business that draws people from our city every weekend, and there's a lot of vendors that just sit on its borders outside, taking advantage of the paid marketing to bring those people in," he said. Alvord appreciates the creation of this ordinance to protect "an asset that draws people to our community." Denio's Market General Manager Tracie Denio spoke not only for herself but for other market owners across the state regarding the state legislation. "When the state passed this sidewalk vending law, it was clear to market owners and operators that action needed to be taken to protect the swap meets as well as the hundreds of vendor families who operate within them," Denio said. "Unfortunately, in Southern California, where many of the flea markets and swap meets reside, this plea for help fell on deaf ears. As a leader in the California Swap Meet Association, we have seen firsthand the effects the state sidewalk vending law has had on markets, some of which unfortunately have decided to close their doors." Before the ordinance can be adopted, a second reading and adoption will occur at a later city council meeting.