Street vending has been an accepted practice in many areas of Los Angeles, like in other cities around the world. Vendors are commonly seen after Dodger games, outside The Grove, or strategically positioned in areas where bar patrons in West Hollywood will be waiting for their rides home. Some vendors sell fruit in parks in the Fairfax District or salty snacks near transit stops in Hollywood.

A fruit and drink vendor sets up shop in the Melrose District, which is currently a violation of city code.
(photo by Edwin Folven )

“They are part of the Los Angeles culture, and they have been for decades,” said Councilman Mitch O’Farrell, 13th District. “I think we have plenty of places in the city where street vending can thrive.”

However, Los Angeles is the only major city in the country that prohibits all types of vending at all hours on every sidewalk.

But now, like food trucks before them, vendors in Los Angeles that are stationed on sidewalks could be on their way to becoming certified. Last week, two city council members reignited a proposal that would decriminalize the practice and establish a permit framework with easier penalty structures.

Existing code penalizes sidewalk vending with “the same seriousness as drunk driving,” wrote Councilmen Curren Price and Joe Buscaino, in a letter last week to their colleagues. “The city of Los Angeles has a broken and dysfunctional policy as it relates to the vending of food and merchandise on public sidewalks.”

They opened the letter by addressing the “undeniable division and polarization” in the country right now, but said all Americans share the “entrepreneurial spirit.”

“We value the notion that everyone deserves the opportunity to start a small business on a level playing field, with failure or success determined by our own talent, hard work and perseverance,” the councilmen wrote. “We should be assisting entrepreneurs who are attempting to help themselves and help their families – not arresting them.”

The councilmen said that escalating discussion at the national level about immigration reform, including “threats to deport millions of undocumented immigrants, starting with those with criminal records” – which has created “significant fear” among the immigrant communities in Los Angeles. The increased polarization on immigration drove the councilmen to re-launch their efforts that started in 2014.

“We believe the council has a moral imperative to decriminalize vending by removing all misdemeanor penalties, and instead establish a graduated penalty structure that includes fines, confiscation of property and permit suspension or revocation,” the councilmen wrote. “Swiftly moving forward to adopt this policy gives us as a city the opportunity to stand up to the overt racism that has plagued our national discourse as of late.”

Price and Buscaino did not directly mention President-elect Donald Trump in their letter last week, but Councilman David Ryu, 4th District, did on Tuesday.

“This is a different time,” he said. “The president-elect has said that one of the top priorities will be deporting immigrants.”

After he mentioned that he comes from a family of immigrants and lives in a nation of immigrants, Ryu said Trump’s proposals are “very alarming” and have put criminalization “front and center” of national politics.

“This issue (with sidewalk vendors) shouldn’t be the reason for deportation,” Ryu said, adding that his biggest concern is to ensure public health is properly prioritized.

If the proposed framework was approved, a hot dog vendor would need to complete steps to obtain a permit. The vendor would need to obtain a health permit, business tax registration certificate, liability insurance, agreement of indemnity for the city, obtain consent from property owners nearby and affected business improvement districts. The vendor would need to provide exact addresses or routes for vending, a list of food, and provide photos of the location that show nearby obstructions, including benches, transit shelters, utility cabinets, poles and trees. Under their proposal, the city would provide electronic notification to the affected council office and LAPD division, the Bureau of Street Services and community relations office.

Price and Buscaino acknowledged that they need to figure out a way to enforce the penalty structure. They proposed the Bureau of Street Services and the Investigation and Enforcement Division enforce the policy and be responsible for responding to complaints of violations. The LAPD would retain its enforcement authority to do so when violations are observed, too. Their proposal would restrict hours of operation to 7 a.m. to 9 p.m.

The councilmen also acknowledged that the approval process will likely come with additional regulations.

“We recognize a one-size-fits-all approach will not work for every community, and some neighborhoods may need to establish separate set of rules that govern operations,” they wrote.

The councilmen proposed the city establish a process for creating special vending zones which could include additional restrictions based on public health, safety and welfare concerns that could be unique to different neighborhoods.

“The combination of tourists taking photos of stars on the Hollywood Walk of Fame, costumed performers in front of the the Chinese Theatre and a high volume of pedestrian traffic may necessitate a no-vending, or restricted vending zone on Hollywood Boulevard,” Price and Buscaino wrote. “Conversely, special districts that allow for expanded hours of operation or a greater number of vendors per block” could be established.

Other councilmen, like Ryu and O’Farrell, said they are in favor of the proposal and in favor of decriminalization as long as the city proceeds with caution.

“It needs regulations,” O’Farrell said, adding that he thinks some details are not “flushed out” yet. But he is a member of the Public Works Committee and said he believes they can add value to the framework to serve its intended purpose before sending it to the full council for consideration.

“I’ve always thought that if we really think this through, we can land on a policy that works – one that helps bring this economy from out of the shadows. But it will be a lot of work,” he said.

Specifically, O’Farrell said the city can’t move forward without considering “brick-and-mortar” establishments.

“We’ve had street vendors half-a-block, or right in front of stores that sell the same product,” O’Farrell said. “Those stores are paying overhead and rent and follow the requirements at the local, county and state level. We need to make sure that our merchant areas have the protections we need to strike the right balance.”

Ryu said when he was a senior deputy for County Supervisor Yvonne Brathwaite Burke he worked on public health issues for years.

“I’m very much for strict controls on food vending,” he said.

Price and Busicaino proposed incentives for vendors that sell exclusively healthy foods, and included restrictions to address trash, pedestrian access and food safety. Vendors would be required to keep the area clean.

The proposal so far also includes specifics for regulations regarding location, as well. Price and Buscaino propose a permitting process to allow for stationary vending in commercial and industrial zones, with a maximum of two vendors per block. Locations will be limited to areas that allow for adequate ADA clearance. As part of the citywide sidewalk repair program, the city is in the process of developing an inventory of sidewalks and their dimensions, and it could be key to developing a permit system, the councilmen explained. Vending in residential areas would be prohibited under the proposal, as well as areas within 500 feet of a school, unless they sell exclusively healthy food.

The Public Works & Gang Reduction Committee will hold a public hearing on the proposed framework at 1 p.m. on Dec. 12 at city hall, 200 N. Spring Street.

Written comments will be included in the public record, and can be submitted to John White at John.White@lacity.org. Price and Buscaino said they are committed to making changes when necessary.