San Clemente residents may soon see a reduction in street vendors throughout the coastal town after city council members directed city staff to find ways to crack down on unpermitted vendors.
The city could become the latest in a series of municipalities to further regulate street vendors — in some cases, impound equipment — across Orange County.
At their Aug. 20 meeting, San Clemente City Council members directed staff to study the issue over the next two months — including how many calls they get about vendors — and return to the council with a report and recommendations for next steps.
It comes after city staff say there’s been an increase in complaints about these vendors, who typically sell food or other goods on public sidewalks and near the beach.
“The problem I’ve observed is the people don’t have an ID,” Councilmember Steve Knoblock said. “They can’t get a citation because they don’t have any identification. They may leave, but they come right back the next day to the same location.”
Danielle Sorahan, the city’s code compliance manager, said the city could consider creating an ordinance that gives law enforcement the ability to impound equipment and issue fines to illegal street vendors.
But currently, the city doesn’t have the capacity or procedures in place to do that.
Sidewalk vending is decriminalized in California, meaning just selling food on a public sidewalk isn’t a crime.
But it’s still against the law to cook and sell food without a permit or without following health guidelines.
“The tools the state gives us are very limited, but there are always solutions,” City Attorney Matthew Silva told the council.
Councilmember Chris Duncan emphasized that when street vendors operate with a business license, then the city can’t benefit from taxes that would usually be generated from the sale.
“This is not only a health and safety problem, but it actually hurts our local businesses too,” Duncan said. “We should be collecting taxes of people doing business.”
The council unanimously directed staff to return to the council in October with a report on potential next steps to regulate sidewalk vending.
Other OC Cities Tighten Street Vending Regulations
Earlier this year, officials in Anaheim and Rancho Santa Margarita took steps to reduce illegal sidewalk vending.
Anaheim city officials decided to create an impound process to seize street vendor equipment if they violate city law.
In Rancho Santa Margarita, the council approved an ordinance that limits what times and places street vendors can operate their businesses. It also required vendors to get a city permit.
Street vendor advocates argue that vendors are often entrepreneurial immigrants trying to make a living and feed their families and benefit the communities they are part of.
Officials and brick and mortar business owners argue that these vendors create unfair competition for more traditional businesses who have to pay for a lease and a variety of permits, and they also have expressed health and safety concerns.
Officials in cities like Placentia, Laguna Hills, Stanton and Orange last year have all taken steps to tighten rules on street vendors.
Angelina Hicks is a Voice of OC Tracy Wood Reporting Fellow. Contact her at ahicks@voiceofoc.org or on Twitter @angelinahicks13.
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