Street vendors in Los Angeles may soon be able to sell food and merchandise legally citywide, though districts will have the choice to opt out. The Los Angeles City Council economic development committee on Oct. 27 requested the Chief Legislative Analyst (CLA) report on a proposed hybrid model which would allow general vending on sidewalks citywide but would also allow specialized restrictions in certain districts. The proposal will next go before the city’s public works committee.

More than 300 people from the Los Angeles Street Vendor Campaign and Raise the Wage rallied in support of legalizing street vending before the economic development committee hearing on Oct. 17. (photo by Mike Dennis)

A May 2014 motion proposed by Councilman Jose Huizar, 14th District, Councilman Curren Price, 9th District, and Councilman Joe Buscaino, 15th District, asked for regulations to permit the sale of food and items on city sidewalks and parkways, and the economic development committee requested an initial report from the CLA. The hybrid model option was one of three presented in the CLA’s report at this week’s hearing, which also included an option for a citywide blanket ordinance allowing vending and an option for a district-based vending program that would create an opt-in process on a district-by-district basis.

The hybrid model will include either a community-driven or city-driven district development process with rules and regulations about the permit process, licensing requirements, placement requirements, operational requirements, vending locations, permit caps and types of items sold. The CLA’s report states the hybrid approach would allow communities to either enhance or restrict vending within their districts.

“For example, a district may choose to allow a higher or lower number of vendors per block, depending on the needs. A citywide stationary vending policy could allow roaming within a district. An area such as the flower district may want to prohibit flower vendors but encourage more fruit or food vendors,” the CLA’s report read.

Before the hearing on Tuesday, more than 300 members of the Los Angeles Street Vendor Campaign (LASVC) and Raise the Wage rallied on the steps of city hall in support of legalizing street vending and advocating for fair wage and sick days. Mike Dennis, LASVC’s director of community organizing, said the two groups joined forces because many of Raise the Wage’s members are part of the street vendors campaign.

“Whether we’re advocating for street vending or workers’ rights, like sick days or minimum wage, we are discussing working class issues that affect the core of Los Angeles. We wanted to send a message to city council – there is solidarity,” Dennis said.

Councilman Mitch O’Farrell, 13th District, said the hybrid model’s potential is generally good. Legalizing street vending could deter a black market economy and any predators who may prey on unprotected and unlicensed vendors.

“The hybrid model could delineate districts where vending makes sense and where it doesn’t make sense. When you bring in regulation, it’s a good thing. With regulation comes responsibility and a greater sense of order and legitimacy. If we can accomplish those values in an ordinance, we will be better off,” O’Farrell said.

Dennis said street vendors want to be regulated, so they have rules to follow to operate a legitimate business. He added that many of the vendors feel targeted by the city and police and made to feel like criminals, when the reality is they are selling items on the streets as a means of survival.

“Most of the people that street vend are doing it as one of five jobs in order to bring food to their tables each night,” Dennis said.

In addition, the current penalty for street vending is a $1,000 fine and/or jail time. In 2014, the LAPD issued 892 citations to street vendors citywide. Dennis argues it clogs the criminal justice system and levies fines that vendors cannot afford to pay, ultimately contributing to an ongoing poverty cycle.

“Ignoring the reality is never going to address the root cause for these folks, and it’s bad public policy. The larger problem here is income inequality and lack of access to a good paying job,” Dennis said.

The city has held six community meetings since May with more than 1,000 participants to discuss all options for the street vending program moving forward. Some community members emphasized the cultural impact of street vending and the economic benefits legalization could bring vendors. Others voiced concerns about monitoring health standards and permit enforcement, along with the unfair competition it may bring to brick and mortar businesses.

“In Hollywood we would choose not to opt-in for street vending in our district, because of how it would impact our sidewalks – which are already crowded with activity – and the detrimental impact it would have on brick and mortar restaurants that work hard to stay afloat,” said Kerry Morrison, executive director of the Hollywood Property Owners Alliance.

Morrison said Tuesday’s meeting finally brought clarity to a formerly hypothetical scenario of sidewalk vending, but she hopes the CLA clarifies how boundaries are drawn and how districts go about opting out. She also raised questions about how the city will enforce laws on permits and how inspectors will make sure the carts are properly outfitted and up to health code.

“Our businesses in Hollywood have been through a lot, and in recent years they’ve turned the corner and improved. To deal them the blow of having people set up on the sidewalk without having to pay all of what it takes to run a business would be hugely unfair,” Morrison said.

She added while Hollywood may choose to opt out of street vending, it could work for a district that is not flush with a wide range and large number of businesses, shops and restaurants.

“We are grateful the committee heard us in that there needs to be an element of choice for the community. We were concerned the city would adopt a one-sided policy and not serve all the diverse needs of the city,” Morrison said.