Sidewalk Vending Program

Background on the City's Sidewalk Vending Program

Senate Bill (SB) 946, known as the Safe Sidewalk Vending Act, was signed into law by Governor Jerry Brown on September 17, 2018, and became effective on January 1, 2019. SB 946 regulates sidewalk vendors throughout California, including Foster City. According to SB 946, sidewalk vending involves selling food or merchandise from non-motorized conveyances like pushcarts, stands, pedal-driven carts, or directly from one’s person on public sidewalks or pedestrian paths.

SB 946 prohibits cities and counties in California from banning sidewalk vendors on public sidewalks. It also restricts cities from regulating sidewalk vendors unless they establish a permitting system in line with SB 946 provisions. Any restrictions on sidewalk vendors must be directly related to health, safety, or welfare concerns. Local jurisdictions wishing to regulate sidewalk vending must first adopt a program with regulations consistent with SB 946.

Click here to read SB 946

The City of Foster City adopted Sidewalk Vending Ordinance No. 678 establishing regulations related to sidewalk vending.  For additional details and guidance, please click here to read Ordinance No. 678.

Who is Considered a Vendor?

A person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance (e.g., pushcart, stand, display, pedal driven cart, wagon, showcase, rack, etc.), or from one's person, upon a public sidewalk or other pedestrian path as set forth in Government Code section 51036(a). A sidewalk vendor can be either roaming or stationary. 

What is a Stationary Sidewalk Vendor?

A stationary sidewalk vendor is a person who sells from a fixed location.

What is a Roaming Sidewalk Vendor?

A roaming sidewalk vendor is a person who moves from place to place and stops only to complete a transaction.

Who Needs a Permit?

Sidewalk vendors who propose to sell goods on a public sidewalk or other pedestrian paths

Location Criteria

• Stationary vending food carts must be operated within two hundred (200') feet of an approved and readily available toilet and handwashing facility. 
• Sidewalk vendors shall not vend within any marked parking space or stall in any public parking lot.
• No stationary vending cart may vend within a residential zoned area.
• A roaming sidewalk vendor may use a roaming vending cart within a residential zone, and must move continuously except when necessary to complete a sale.
• No vending cart may impede the flow of pedestrian traffic by reducing the path of travel to less than four (4') feet, or impede access to or restrict the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).
• No person shall vend in on any roadway.
• No sidewalk vending is allowed within three hundred (300') feet of all borders of a city-sponsored or city-permitted temporary or special event, within the time period commencing one hour before until one hour after the event.
• No sidewalk vending is allowed within three hundred (300') feet of all borders of a certified farmers' market during the hours of operation.
• No sidewalk vendor may vend within twenty-five (25') feet of another sidewalk vendor at any city park.
• Vendors are prohibited from sidewalk vending in parks and other city facilities that have exclusive, signed concession agreements. 
• No sidewalk vendor may place or leave any vending cart:
  1. Within ten (10') feet of a marked crosswalk or ADA access ramp.
  2. Within ten (10') feet of the curb return of an unmarked crosswalk.
  3. Within five (5') feet of any fire hydrant.
  4. Within five (5') feet ahead and forty-five (45') feet to the rear of a sign designating a bus stop.
  5. Within ten (10') feet of a bench or shelter used for public transit.
  6. Within five (5') feet of a driveway or driveway apron.
  7. Within eighteen (18") inches from the edge of the curb.
  8. Within five (5') feet of a public bench.
  9. Where placement impedes the flow of vehicular traffic such as on public streets or public highways.

Steps for new vendors to apply in person or submit application online.

• Step 1 - Obtain a State Seller's Permit: You will need to apply for a California Department of Tax and Fee Administration (CDTFA) Seller’s Permit indicating a Foster City Location. This application must be completed online at CA.gov; if you need further assistance, please contact (800) 400-7115. Please also note of the regulations for reporting of sales tax.  
• Step 2 - Obtain a County Health Permit if selling food: You will need to contact the San Mateo County Environmental Health. Visit https://www.smchealth.org/food-program or call (650) 372-6200 to obtain a health permit. All food sales applications will be verified with the County to ensure compliance. This permit must be renewed on an annual basis. 
• Step 3: Apply for a Foster City Business License: After obtaining the State Seller's Permit and County Health Permit (if selling food), then you can apply for the City of Foster City Business License at https://fostercity.hdlgov.com/. For a list of exemptions, please review FCMC 5.04.070  Exemptions.
• Step 4: Apply for Sidewalk Vending Permit: All sidewalk vendors are required to apply for a permit.  

• Or apply in person at City Hall, Community Development Department, 610 Foster City Blvd. Foster City, CA 94404.
• Step 5: Once a complete application and supplemental documents are received the administrator will conduct a completeness review and notify you if any other documents are needed or if the permit has been approved.  

Components of a Complete Application  

1. Valid identification, such as a State of California driver's license or identification number, an individual taxpayer identification number, or any other government-issued identification card.
2. The name, address and telephone number of the sidewalk vendor.
3. Proposed hours and days of operation.
4. Whether the sidewalk vendor intends to operate a stationary vending cart or a roaming vending cart.
5. Proposed location of operation.
6. The type of merchandise or food offered for sale or exchange.
7. Proof of a valid business license issued pursuant to Article I, Title 5.
8. The application or renewal fee, in an amount established by resolution of the City Council. Currently, the fee is $100. See Master Fee Schedule
9. A valid state seller's permit and any additional licenses from state or local agencies to the extent required by law.
10. A county health permit for food-related vending, if applicable.
11. A certificate of completion of a food handler course, if applicable.
12. If a cart will be used, a description of the cart including dimensions.
13. A declaration that the information provided to the city is true and correct.
14. Any other information as may be required by the Administrator. 

Administrative Citation

For vending without a valid vending permit the following fines shall be applicable:

1. An administrative fine of two hundred fifty and no/100ths ($250.00) dollars for a first violation.
2. An administrative fine of five hundred and no/100ths ($500.00) dollars for a second violation within one year of the first violation.
3. An administrative fine of one thousand and no/100ths ($1,000.00) dollars for a third violation and each subsequent violation, within one year of the first violation. Upon proof of a valid permit issued by the City before such fines are due, the city will reduce the amount of the fines to one hundred and no/100ths ($100.00) dollars for the first violation, two hundred and no/100ths ($200.00) dollars for the second violation, and five hundred and no/100ths ($500.00) dollars for each violation thereafter.