Title
Introduction of Ordinance Amending the Alameda Municipal Code by Adding Article XIX (Sidewalk Vending) of Chapter VI (Businesses, Occupations and Industries) to Establish Regulations for Sidewalk Vending and by Making Related Conforming Amendments; and
Public Hearing to Consider Adoption of a Resolution Amending Master Fee Resolution No. 12191 to Add a Sidewalk Vendor Permit Fee to the Fee Schedule for Public Works.
This action is exempt from the California Environmental Quality Act (CEQA) under the common sense exemption pursuant to CEQA Guidelines Section 15061(b)(3). (City Manager 10021030)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Over the last few years, there has been an increase of sidewalk vendors throughout the City of Alameda (City) and at annual events such as Christmas Tree Lane and the Art and Wine Faire hosted by Downtown Alameda. In January 2025, as part of the City Strategic Plan annual update, City Council added a project to “Add a Street Vendor Ordinance” (CS33) under the priority to Enhance Community Safety and Services. The proposed ordinance creates a framework and permit process to regulate and enforce non-motorized sidewalk vending in the public right of way and other public property of the City in compliance with California State Law, SB 946, enacted in 2019 and known as the Safe Sidewalk Vending Act.
BACKGROUND
An interdepartmental team collaborated to create the Sidewalk Vending Ordinance and included the City Manager’s Office, Public Works Department, Planning, Building and Transportation Department, Police Department and Base Reuse and Economic Development Department. Staff reviewed city ordinances from Dublin, Hayward and Santa Monica to develop the proposed Sidewalk Vending Ordinance (Ordinance).
SB946 is a California state law enacted as of January 2019 that decriminalizes sidewalk vending and allows cities to establish a permit system within a specified framework of restrictions and administrative fines (with a maximum cap on fines). The purpose of SB946 was to create economic opportunities for low-income and immigrant communities who often are the owners of these non-motorized sidewalk vending facilities while protecting public health and safety. A city’s authority to regulate sidewalk vending is limited to specific restrictions established in SB946. However, a city may impose additional or more restrictive regulations if it can show that such regulations are directly related to “objective health, safety or welfare concerns.”
While developing the Ordinance, staff solicited input from the business community, Thompson Ave neighbors, Alameda Unified School District (AUSD) and Greenway Golf, regarding Corica Park.
Staff met with Alameda Chamber of Commerce Chief Executive Officer Madlen Saddik and Downtown Alameda Business Association (DABA) Executive Director Kathy Weber. Both were in strong support of the Sidewalk Vending Ordinance. The Ordinance does not cover displays on the sidewalk in front of brick and mortar stores, which are regulated under a separate existing encroachment permit process. In addition, this Sidewalk Vending framework will help DABA manage sidewalk vendors at the Art and Wine Faire since they will not be allowed within 200 feet of any special event permitted by the City on public property.
The Assistant City Manager and Communications Director, joined by Lieutenant Park and Sergeant Petersen, hosted a community input meeting with Thompson Ave residents on October 1, 2025, specifically regarding concerns with vendors at Christmas Tree Lane. At that meeting, staff shared details about the Ordinance framework, including the permit program, requirements and enforcement. Additionally, staff shared the traffic safety plan developed by Public Works traffic engineers and recommended by the City Engineer to improve pedestrian safety during Christmas Tree Lane. The residents provided feedback that will be incorporated into the traffic safety plan.
Residents shared many challenges they experience with vendors on Christmas Tree Lane, such as noise, blocking parking spaces, encroaching on private property, nuisance behaviors, and liability. Itis important to note that the Ordinance excludes stationary vendors from residential areas, and that the hours of operation for residential areas excludes roaming vendors after sunset. These two parameters will exclude all sidewalk vendors from Christmas Tree Lane, however, the residents appreciated including an additional overlay to specifically exclude sidewalk vendors starting at 4:00pm on Friday, Saturday and Sunday evenings during the month of December in addition to the week prior to Christmas, all based on significant pedestrian volume and the additional vehicular traffic. This exclusion will include Thompson Avenue between High Street and Fernside Boulevard as well as High Street and Fernside Avenue between Garfield Avenue and Fairview Avenue. Additional ideas discussed include providing a high level of education and enforcement the first week of December to send a clear message to vendors and exploring ways to physically block the red curb daylight sections at each intersection corner.
Staff also solicited feedback from AUSD executive staff to develop parameters for sidewalk vendors around public and private schools, so they do not interfere with the school day or drop up/pick up areas. Greenway Golf was also consulted and language included to not allow sidewalk vendors at Corica Park unless authorized by the operator.
Lastly, staff met with a local food truck vendor to better understand the needs of mobile food vendors and impacts of the ordinance. They agreed this Ordinance is an important and much-needed framework.
DISCUSSION
This Ordinance framework complies with Senate Bill SB946 and applies to non-motorized sidewalk vending within the public right of way, such as sidewalks and streets, as well as City parks. The Ordinance does not apply on private property.
The Ordinance requires that non-motorized sidewalk vendors (Vendors) must have an approved City permit. To secure the permit, the applicant must also show proof of all applicable permits and licenses such as a City business license, Alameda County Environmental Health Department permit (if selling food), California Seller’s Permit (tax license), and insurance. Vendors must also comply with all operational requirements in the Ordinance to maintain the permit and the permit is good for one year.
Non-motorized sidewalk vendors, per SB946, are identified as either stationary vendors, who sell food or merchandise from a fixed location, or roaming vendors, who move from place to place and stop only to make a sale. Stationary vendors are prohibited in residential neighborhoods (the City’s R-1 through R-5 districts) and allowed in commercial areas and parks. Roaming vendors are allowed in both residential and commercial areas. The Ordinance establishes the following hours of operation: Residential areas are 8:00am (or sunrise, whichever is later) to 8:00pm (or sunset, whichever is earlier) and Commercial areas are 7:00am to 10:00pm, matching standard business hours in the Alameda Municipal Code. Per SB946, the hours in commercial districts cannot be more restrictive than for physical store locations in the same districts.
The Ordinance details a variety of operational requirements to ensure public health and safety. The following describes the general requirements and specific details that are in the Ordinance. While vendors are allowed in residential areas, these requirements are designed to minimize impacts on neighbors and prevent obstructions. Because the regulations focus on safety, noise, and access, they are not expected to result in a significant proliferation of vendors in residential neighborhoods. Most sidewalk vending activity is anticipated in commercial areas where foot traffic and customer demand are higher.
• Maintain Americans with Disabilities Act (ADA) clearance on sidewalks at all times
• Comply with the City’s Noise Regulations
• No flashing lights and electronic signs
• No tents, unless authorized by permit
• Not within 200 feet of a permitted special event
• Maintain a safe distance from driveways, crosswalk, corners, bus shelters, private or public school drop off areas, fire hydrants and other areas as determined necessary for traffic, bicycle and pedestrian safety
• Not blocking bike lanes, obstructing traffic visibility or access to any residence, business or public facility
• Cannot sell prohibited items such as tobacco, cannabis, weapons, and alcohol
• Must maintain sanitary conditions by having trash, recycle, compost (as appropriate) receptacles and abide by City’s compostable foodware ordinance
• Must promptly clean up and cannot dump/drain anything on City property (includes ice chests, drinks, etc.)
The Ordinance will be enforced by the City’s Code Enforcement Officers. Enforcement will primarily be complaint based with limited proactive enforcement for specific events where sidewalk vendors are known to gather, such as at Christmas Tree Lane. Enforcement of evening and weekend events will be intermittent due to staff availability and overtime pay.
To implement this program, staff will create a website in multiple languages that provides detailed information on the Sidewalk Vendor permit program as well as a QR code linking to the website. On Christmas Tree Lane, staff will post flyers on light poles as well as place A-Frames with information about the Sidewalk Vendor permit program. The Code Enforcement Officer will provide informational flyers to vendors when making contact. Staff anticipates that this first year at Christmas Tree Lane will focus primarily on educating vendors of the new program. Once vendors are aware of the program, then enforcement will include verbal and written warnings that will escalate to three administrative citations costing $100 for the first violation, $200 for the second and $500 for the third violation. These are maximum fines allowed by SB946. The permit may be revoked by the Public Works Director for up to one year upon the fourth violation. The Ordinance allows for impoundment of the vending facility or items by the City if there is an imminent adverse impact on public health, safety and welfare or if it is left on public property unattended.
Staff included the following policy recommendations in the Sidewalk Vending Ordinance and City Council may consider different policy direction.
1. The Sidewalk Vending Permit recommended fee is $50 annually. The current City Master Fee Schedule is $262 per hour for Public Works encroachment permit review. It is anticipated that review will take approximately one hour per permit so the recommended amount is subsidized by the City. Staff recommended a $50 fee instead of the current $262 per hour in recognition that the sidewalk vending community is generally low-income. City Council can make a different determination and change or waive the fee amount.
2. The Permit requires a City business license which is a minimum annual fee of $119 if total annual gross receipts are less than $88,000. City Council can decide to waive this requirement. This would require updating the Business License Ordinance.
3. The Permit requires an insurance policy including workers’ compensation (unless a sole proprietor) and commercial automobile insurance. The City’s insurance, CJPRMA, recommends $1,000,000 for sidewalk vendors, and the Attorney’s Office recommends including commercial automobile insurance if the vendor uses an automobile to carry their cart on a trailer, for example. This could be reduced to personal automobile insurance on a case-by-case basis. For context, most insurance companies provide specific mobile vending insurance at this level that can cost approximately $25 per month.
4. The Ordinance excludes Christmas Tree Lane during times when it is particularly busy. As proposed, vendors would not be allowed on Thompson Avenue between High Street and Fernside Boulevard, as well as High Street and Fernside Avenue between Garfield Avenue and Fairview Avenue, during the month of December on Fridays, Saturdays and Sundays from 4:00pm to 9:00am, as well as the week immediately preceding December 25. Staff has determined that this regulation is directly related to public safety concerns due to the high concentration of pedestrians and vehicular traffic at Christmas Tree Lane, which has been an issue in previous years, and the regulation has been specifically tailored to and is limited to approximately 15 days per year, when the safety concerns are highest. Even without this specific exclusion, the Ordinance requirements would exclude sidewalk vendors when the sidewalks on Thompson Ave are busy enough that either a vendor creates a safety hazard or ADA width compliance cannot be maintained. Stationary vendors are also not allowed in residential areas, and roaming vendors are not allowed after sunset, which would generally cover the concerns for Christmas Tree Lane. City Council can provide different direction on this exclusion.
ALTERNATIVES
• Amend the Alameda Municipal Code by Adding Article 19-62 (Sidewalk Vending) of Chapter VI (Businesses, Occupations and Industries) to create requirements for Sidewalk Vending, as proposed, and approve the proposed permit fee.
• Make changes to the Ordinance regarding permit cost, business license, insurance and Christmas Tree Lane exclusion as described above.
• Not adopt the Ordinance. In this alternative, Code Enforcement Officers and Police Officers will not have authority to enforce sidewalk vending regulations.
FINANCIAL IMPACT
Staff resources that are required to educate the vendors and public about the Sidewalk Vendor permit program, rules and regulations as well as for Code Enforcement Officers to enforce and Police, if impoundment is required. These financial impacts are included in the operational budgets of the associated departments.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Adding Article XIX (Sidewalk Vending) of Chapter VI (Businesses, Occupations and Industries). This Ordinance addresses the City Strategic Plan project CS33 to add a Street Vendor Ordinance under the Priority to Enhance Community Safety and Services.
ENVIRONMENTAL REVIEW
Adoption of the Ordinance is exempt from CEQA under the common sense exemption pursuant to section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activities in question may have a significant effect on the environment.
CLIMATE IMPACT
This Ordinance includes requirements that Sidewalk Vendors must comply with the City’s Compostable Foodware Ordinance, must provide trash, recycle and compost receptacles and may not dump, drain or discard any unused products, including liquids or trash. These requirements ensure the Sidewalk Vendors maintain sanitary conditions on public sidewalks and so trash, refuse, food and grease do not enter the storm drainage system or other waterway.
RECOMMENDATION
Amend the Alameda Municipal Code by adding Article XIX (Sidewalk Vending) of Chapter VI (Businesses, Occupations and Industries) to create requirements for sidewalk vending and establish a sidewalk vending permitting program and make related amendments to conform existing sections of the Code, and conduct a Public Hearing to consider adoption of a Resolution amending Master Fee Resolution No. 12191 to add a Sidewalk Vendor Permit Fee to the fee schedule for Public Works.
Respectfully submitted,
Amy Wooldridge, Assistant City Manager
Financial Impact section reviewed,
Ross McCarthy, Finance Director