| 1 | | - | Amended IN Assembly June 30, 2022 Amended IN Assembly June 21, 2022 Amended IN Senate May 09, 2022 Amended IN Senate April 20, 2022 Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1290Introduced by Senator AllenFebruary 18, 2022 An act to add and repeal Section 51039.9 of the Government Code, relating to sidewalk vendors.LEGISLATIVE COUNSEL'S DIGESTSB 1290, as amended, Allen. Sidewalk vendors.Existing law prohibits a local authority, as defined, from regulating sidewalk vendors, except in accordance with specified provisions. Existing law establishes that a violation of a local authoritys sidewalk vending program is punishable only by an administrative fine, subject to an ability-to-pay determination, and recision of a permit issued to a sidewalk vendor for the term of that permit upon the 4th violation or subsequent violations, as specified.This bill would require the Governors Office of Business and Economic Development, by January 1, 2025, to complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances and recommendations for legislative changes, local sidewalk vending in California in consultation with other entities, organizations, authorities, and stakeholders, as specified. The bill would repeal that provision on January 1, 2029.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 51039.9 is added to the Government Code, to read:51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. local sidewalk vending in California. In producing the report, the office shall consult with the following:(1) The University of California, Los Angeles Center for Labor Research and Education.(2) The University of California, Davis Center for Poverty and Inequality Research.(3) Organizations that represent sidewalk vendors.(4) Local authorities, including, but not limited to, local authorities that have adopted a sidewalk vending ordnance, and associations that represent local authorities.(5) Other affected stakeholders.(b) The report submitted pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Barriers to obtaining a permit or a valid business license for sidewalk vending pursuant to this chapter, including, but not limited to, permit fees, lack of education or knowledge regarding the permitting process, language or cultural barriers, or other barriers.(2) Barriers to operating in compliance with this chapter for sidewalk vendors.(3) An assessment of local sidewalk vending ordinances, including, but not limited to, the number of local authorities that have enacted an ordinance, whether those ordinances comply with this chapter, and barriers local authorities face in adopting compliant ordinances.(4) The extent of noncompliance with local sidewalk vending ordinances in California, including, but not limited to, the number of citations issued, the type of citations issued, the number of individual vendors with multiple citations, and the number of vendors issued reduced fines pursuant to Section 51039.(5) Recommendations for legislative changes, if any, or best practices needed to reduce or eliminate barriers identified in the report, ensure that local jurisdictions adopt or amend sidewalk vending ordinances that comply with this chapter, and reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. (b)(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c)(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 1 | + | Amended IN Assembly June 21, 2022 Amended IN Senate May 09, 2022 Amended IN Senate April 20, 2022 Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1290Introduced by Senator AllenFebruary 18, 2022 An act to amend, repeal, and add Section 51039 of, and to add and repeal Section 51039.9 to, of the Government Code, relating to sidewalk vendors.LEGISLATIVE COUNSEL'S DIGESTSB 1290, as amended, Allen. Sidewalk vendors.Existing law prohibits a local authority, as defined, from regulating sidewalk vendors, except in accordance with specified provisions. Existing law establishes that a violation of a local authoritys sidewalk vending program is punishable only by an administrative fine, subject to an ability-to-pay determination, and recision of a permit issued to a sidewalk vendor for the term of that permit upon the 4th violation or subsequent violations, as specified. Existing law requires a local authority to accept 20% of the administrative fine under specified circumstances.This bill, until January 1, 2026, would authorize a local authority not to make an ability-to-pay determination when assessing an administrative fine and would permit a local authority not to accept 20% of the administrative fine for the 4th violation or subsequent violations within one year of the first violation of the same regulation if the local authoritys sidewalk vending program satisfies certain criteria. Those criteria would include, among others, that the local authority authorizes permitted vending areas, as defined, adjacent to all areas where the local authority prohibits stationary or roaming vendors, or both, except as provided. The bill would require the Governors Office of Business and Economic Development, by January 1, 2025, to complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances and recommendations for legislative changes, as specified. The bill would repeal that provision on January 1, 2029.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 51039 of the Government Code is amended to read:51039.(a)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038 is punishable only by the following:(A)An administrative fine not exceeding one hundred dollars ($100) for a first violation.(B)An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.(C)An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.(2)A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.(3)(A)If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):(i)An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.(ii)An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.(iii)An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.(B)Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively.(b)The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.(c)Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.(d)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law.(2)Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed.(e)A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038.(f)(1)Except as provided in paragraph (4), when assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the persons ability to pay the fine. The local authority shall provide the person with notice of the right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.(2)Except as provided in paragraph (4), if the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a).(3)The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.(4)(A)For the fourth violation or subsequent violations within one year of the first violation of the same regulation, a local authority may assess an administrative fine pursuant to subdivision (a) without complying with the requirements of paragraphs (1) and (2) of this subdivision if the local authoritys sidewalk vending program satisfies all of the following criteria:(i)The local authority authorizes permitted vending areas adjacent to all areas where the local authority prohibits stationary or roaming vendors, or both, except that a local authority shall not be required to authorize a permitted vending area directly adjacent to areas zoned exclusively for residential use, certified farmers markets, swap meets, and parks.(ii)The local authority has posted on its internet website any regulations that it has adopted pursuant to this chapter in the two most commonly spoken languages within the jurisdiction of the local authority.(iii)Prominent signage identifies all areas where stationary or roaming sidewalk vendors, or both, are prohibited.(B)For purposes of this paragraph, permitted vending area means an area that meets all of the following conditions:(i)Both stationary and roaming sidewalk vendors shall be authorized to operate within the area.(ii)The area shall provide sidewalk vendors with substantially similar access to customers as would be provided if sidewalk vending were authorized in the adjacent location where stationary or roaming sidewalk vending, or both, are prohibited.(iii)The area shall be of sufficient size to allow for the simultaneous operation of sidewalk vendors in numbers commensurate with the anticipated number of sidewalk vending customers.(iv)The local authority has adopted regulations specific to the permitted vending area to enhance opportunities for sidewalk vending.(v)The area is designated by prominent signage and identified on the local authoritys internet website.(g)(1)A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in the case.(2)Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.(3)Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).(4)If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.(5)Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.(6)This subdivision or related provisions do not diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.(h)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 2.Section 51039 is added to the Government Code, to read:51039.(a)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038 is punishable only by the following:(A)An administrative fine not exceeding one hundred dollars ($100) for a first violation.(B)An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.(C)An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.(2)A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.(3)(A)If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):(i)An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.(ii)An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.(iii)An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.(B)Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively.(b)The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.(c)Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.(d)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law.(2)Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed.(e)A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038.(f)(1)When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the persons ability to pay the fine. The local authority shall provide the person with notice of the right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.(2)If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a).(3)The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.(g)(1)A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in the case.(2)Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.(3)Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).(4)If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.(5)Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.(6)This subdivision or related provisions do not diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.(h)This section shall become operative on January 1, 2026.SEC. 3.SECTION 1. Section 51039.9 is added to the Government Code, to read:51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 42 | | - | The people of the State of California do enact as follows:SECTION 1. Section 51039.9 is added to the Government Code, to read:51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. local sidewalk vending in California. In producing the report, the office shall consult with the following:(1) The University of California, Los Angeles Center for Labor Research and Education.(2) The University of California, Davis Center for Poverty and Inequality Research.(3) Organizations that represent sidewalk vendors.(4) Local authorities, including, but not limited to, local authorities that have adopted a sidewalk vending ordnance, and associations that represent local authorities.(5) Other affected stakeholders.(b) The report submitted pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Barriers to obtaining a permit or a valid business license for sidewalk vending pursuant to this chapter, including, but not limited to, permit fees, lack of education or knowledge regarding the permitting process, language or cultural barriers, or other barriers.(2) Barriers to operating in compliance with this chapter for sidewalk vendors.(3) An assessment of local sidewalk vending ordinances, including, but not limited to, the number of local authorities that have enacted an ordinance, whether those ordinances comply with this chapter, and barriers local authorities face in adopting compliant ordinances.(4) The extent of noncompliance with local sidewalk vending ordinances in California, including, but not limited to, the number of citations issued, the type of citations issued, the number of individual vendors with multiple citations, and the number of vendors issued reduced fines pursuant to Section 51039.(5) Recommendations for legislative changes, if any, or best practices needed to reduce or eliminate barriers identified in the report, ensure that local jurisdictions adopt or amend sidewalk vending ordinances that comply with this chapter, and reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. (b)(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c)(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 41 | + | The people of the State of California do enact as follows:SECTION 1.Section 51039 of the Government Code is amended to read:51039.(a)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038 is punishable only by the following:(A)An administrative fine not exceeding one hundred dollars ($100) for a first violation.(B)An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.(C)An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.(2)A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.(3)(A)If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):(i)An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.(ii)An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.(iii)An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.(B)Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively.(b)The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.(c)Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.(d)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law.(2)Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed.(e)A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038.(f)(1)Except as provided in paragraph (4), when assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the persons ability to pay the fine. The local authority shall provide the person with notice of the right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.(2)Except as provided in paragraph (4), if the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a).(3)The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.(4)(A)For the fourth violation or subsequent violations within one year of the first violation of the same regulation, a local authority may assess an administrative fine pursuant to subdivision (a) without complying with the requirements of paragraphs (1) and (2) of this subdivision if the local authoritys sidewalk vending program satisfies all of the following criteria:(i)The local authority authorizes permitted vending areas adjacent to all areas where the local authority prohibits stationary or roaming vendors, or both, except that a local authority shall not be required to authorize a permitted vending area directly adjacent to areas zoned exclusively for residential use, certified farmers markets, swap meets, and parks.(ii)The local authority has posted on its internet website any regulations that it has adopted pursuant to this chapter in the two most commonly spoken languages within the jurisdiction of the local authority.(iii)Prominent signage identifies all areas where stationary or roaming sidewalk vendors, or both, are prohibited.(B)For purposes of this paragraph, permitted vending area means an area that meets all of the following conditions:(i)Both stationary and roaming sidewalk vendors shall be authorized to operate within the area.(ii)The area shall provide sidewalk vendors with substantially similar access to customers as would be provided if sidewalk vending were authorized in the adjacent location where stationary or roaming sidewalk vending, or both, are prohibited.(iii)The area shall be of sufficient size to allow for the simultaneous operation of sidewalk vendors in numbers commensurate with the anticipated number of sidewalk vending customers.(iv)The local authority has adopted regulations specific to the permitted vending area to enhance opportunities for sidewalk vending.(v)The area is designated by prominent signage and identified on the local authoritys internet website.(g)(1)A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in the case.(2)Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.(3)Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).(4)If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.(5)Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.(6)This subdivision or related provisions do not diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.(h)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 2.Section 51039 is added to the Government Code, to read:51039.(a)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038 is punishable only by the following:(A)An administrative fine not exceeding one hundred dollars ($100) for a first violation.(B)An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.(C)An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.(2)A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.(3)(A)If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):(i)An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.(ii)An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.(iii)An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.(B)Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively.(b)The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.(c)Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.(d)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law.(2)Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed.(e)A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038.(f)(1)When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the persons ability to pay the fine. The local authority shall provide the person with notice of the right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.(2)If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a).(3)The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.(g)(1)A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in the case.(2)Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.(3)Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).(4)If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.(5)Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.(6)This subdivision or related provisions do not diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.(h)This section shall become operative on January 1, 2026.SEC. 3.SECTION 1. Section 51039.9 is added to the Government Code, to read:51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 48 | | - | SECTION 1. Section 51039.9 is added to the Government Code, to read:51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. local sidewalk vending in California. In producing the report, the office shall consult with the following:(1) The University of California, Los Angeles Center for Labor Research and Education.(2) The University of California, Davis Center for Poverty and Inequality Research.(3) Organizations that represent sidewalk vendors.(4) Local authorities, including, but not limited to, local authorities that have adopted a sidewalk vending ordnance, and associations that represent local authorities.(5) Other affected stakeholders.(b) The report submitted pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Barriers to obtaining a permit or a valid business license for sidewalk vending pursuant to this chapter, including, but not limited to, permit fees, lack of education or knowledge regarding the permitting process, language or cultural barriers, or other barriers.(2) Barriers to operating in compliance with this chapter for sidewalk vendors.(3) An assessment of local sidewalk vending ordinances, including, but not limited to, the number of local authorities that have enacted an ordinance, whether those ordinances comply with this chapter, and barriers local authorities face in adopting compliant ordinances.(4) The extent of noncompliance with local sidewalk vending ordinances in California, including, but not limited to, the number of citations issued, the type of citations issued, the number of individual vendors with multiple citations, and the number of vendors issued reduced fines pursuant to Section 51039.(5) Recommendations for legislative changes, if any, or best practices needed to reduce or eliminate barriers identified in the report, ensure that local jurisdictions adopt or amend sidewalk vending ordinances that comply with this chapter, and reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. (b)(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c)(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 50 | | - | SECTION 1. Section 51039.9 is added to the Government Code, to read: |
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| 52 | | - | ### SECTION 1. |
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| 53 | | - | |
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| 54 | | - | 51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. local sidewalk vending in California. In producing the report, the office shall consult with the following:(1) The University of California, Los Angeles Center for Labor Research and Education.(2) The University of California, Davis Center for Poverty and Inequality Research.(3) Organizations that represent sidewalk vendors.(4) Local authorities, including, but not limited to, local authorities that have adopted a sidewalk vending ordnance, and associations that represent local authorities.(5) Other affected stakeholders.(b) The report submitted pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Barriers to obtaining a permit or a valid business license for sidewalk vending pursuant to this chapter, including, but not limited to, permit fees, lack of education or knowledge regarding the permitting process, language or cultural barriers, or other barriers.(2) Barriers to operating in compliance with this chapter for sidewalk vendors.(3) An assessment of local sidewalk vending ordinances, including, but not limited to, the number of local authorities that have enacted an ordinance, whether those ordinances comply with this chapter, and barriers local authorities face in adopting compliant ordinances.(4) The extent of noncompliance with local sidewalk vending ordinances in California, including, but not limited to, the number of citations issued, the type of citations issued, the number of individual vendors with multiple citations, and the number of vendors issued reduced fines pursuant to Section 51039.(5) Recommendations for legislative changes, if any, or best practices needed to reduce or eliminate barriers identified in the report, ensure that local jurisdictions adopt or amend sidewalk vending ordinances that comply with this chapter, and reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. (b)(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c)(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 55 | | - | |
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| 56 | | - | 51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. local sidewalk vending in California. In producing the report, the office shall consult with the following:(1) The University of California, Los Angeles Center for Labor Research and Education.(2) The University of California, Davis Center for Poverty and Inequality Research.(3) Organizations that represent sidewalk vendors.(4) Local authorities, including, but not limited to, local authorities that have adopted a sidewalk vending ordnance, and associations that represent local authorities.(5) Other affected stakeholders.(b) The report submitted pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Barriers to obtaining a permit or a valid business license for sidewalk vending pursuant to this chapter, including, but not limited to, permit fees, lack of education or knowledge regarding the permitting process, language or cultural barriers, or other barriers.(2) Barriers to operating in compliance with this chapter for sidewalk vendors.(3) An assessment of local sidewalk vending ordinances, including, but not limited to, the number of local authorities that have enacted an ordinance, whether those ordinances comply with this chapter, and barriers local authorities face in adopting compliant ordinances.(4) The extent of noncompliance with local sidewalk vending ordinances in California, including, but not limited to, the number of citations issued, the type of citations issued, the number of individual vendors with multiple citations, and the number of vendors issued reduced fines pursuant to Section 51039.(5) Recommendations for legislative changes, if any, or best practices needed to reduce or eliminate barriers identified in the report, ensure that local jurisdictions adopt or amend sidewalk vending ordinances that comply with this chapter, and reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. (b)(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c)(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 57 | | - | |
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| 58 | | - | 51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. local sidewalk vending in California. In producing the report, the office shall consult with the following:(1) The University of California, Los Angeles Center for Labor Research and Education.(2) The University of California, Davis Center for Poverty and Inequality Research.(3) Organizations that represent sidewalk vendors.(4) Local authorities, including, but not limited to, local authorities that have adopted a sidewalk vending ordnance, and associations that represent local authorities.(5) Other affected stakeholders.(b) The report submitted pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Barriers to obtaining a permit or a valid business license for sidewalk vending pursuant to this chapter, including, but not limited to, permit fees, lack of education or knowledge regarding the permitting process, language or cultural barriers, or other barriers.(2) Barriers to operating in compliance with this chapter for sidewalk vendors.(3) An assessment of local sidewalk vending ordinances, including, but not limited to, the number of local authorities that have enacted an ordinance, whether those ordinances comply with this chapter, and barriers local authorities face in adopting compliant ordinances.(4) The extent of noncompliance with local sidewalk vending ordinances in California, including, but not limited to, the number of citations issued, the type of citations issued, the number of individual vendors with multiple citations, and the number of vendors issued reduced fines pursuant to Section 51039.(5) Recommendations for legislative changes, if any, or best practices needed to reduce or eliminate barriers identified in the report, ensure that local jurisdictions adopt or amend sidewalk vending ordinances that comply with this chapter, and reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. (b)(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c)(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 96 | | - | (d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 59 | + | (B)An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. |
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| 60 | + | |
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| 61 | + | |
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| 62 | + | |
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| 63 | + | (C)An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. |
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| 64 | + | |
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| 65 | + | |
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| 66 | + | |
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| 67 | + | (2)A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. |
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| 68 | + | |
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| 69 | + | |
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| 70 | + | |
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| 71 | + | (3)(A)If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1): |
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| 72 | + | |
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| 73 | + | |
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| 74 | + | |
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| 75 | + | (i)An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. |
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| 76 | + | |
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| 77 | + | |
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| 78 | + | |
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| 79 | + | (ii)An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. |
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| 80 | + | |
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| 81 | + | |
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| 82 | + | |
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| 83 | + | (iii)An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. |
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| 84 | + | |
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| 85 | + | |
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| 86 | + | |
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| 87 | + | (B)Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. |
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| 88 | + | |
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| 89 | + | |
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| 90 | + | |
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| 91 | + | (b)The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority. |
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| 92 | + | |
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| 93 | + | |
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| 94 | + | |
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| 95 | + | (c)Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed. |
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| 96 | + | |
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| 97 | + | |
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| 98 | + | |
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| 99 | + | (d)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. |
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| 100 | + | |
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| 101 | + | |
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| 102 | + | |
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| 103 | + | (2)Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed. |
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| 104 | + | |
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| 105 | + | |
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| 106 | + | |
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| 107 | + | (e)A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. |
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| 108 | + | |
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| 109 | + | |
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| 110 | + | |
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| 111 | + | (f)(1)Except as provided in paragraph (4), when assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the persons ability to pay the fine. The local authority shall provide the person with notice of the right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. |
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| 112 | + | |
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| 113 | + | |
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| 114 | + | |
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| 115 | + | (2)Except as provided in paragraph (4), if the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). |
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| 116 | + | |
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| 117 | + | |
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| 118 | + | |
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| 119 | + | (3)The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. |
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| 120 | + | |
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| 121 | + | |
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| 122 | + | |
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| 123 | + | (4)(A)For the fourth violation or subsequent violations within one year of the first violation of the same regulation, a local authority may assess an administrative fine pursuant to subdivision (a) without complying with the requirements of paragraphs (1) and (2) of this subdivision if the local authoritys sidewalk vending program satisfies all of the following criteria: |
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| 124 | + | |
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| 125 | + | |
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| 126 | + | |
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| 127 | + | (i)The local authority authorizes permitted vending areas adjacent to all areas where the local authority prohibits stationary or roaming vendors, or both, except that a local authority shall not be required to authorize a permitted vending area directly adjacent to areas zoned exclusively for residential use, certified farmers markets, swap meets, and parks. |
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| 128 | + | |
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| 129 | + | |
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| 130 | + | |
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| 131 | + | (ii)The local authority has posted on its internet website any regulations that it has adopted pursuant to this chapter in the two most commonly spoken languages within the jurisdiction of the local authority. |
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| 132 | + | |
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| 133 | + | |
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| 134 | + | |
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| 135 | + | (iii)Prominent signage identifies all areas where stationary or roaming sidewalk vendors, or both, are prohibited. |
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| 136 | + | |
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| 137 | + | |
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| 138 | + | |
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| 139 | + | (B)For purposes of this paragraph, permitted vending area means an area that meets all of the following conditions: |
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| 140 | + | |
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| 141 | + | |
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| 142 | + | |
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| 143 | + | (i)Both stationary and roaming sidewalk vendors shall be authorized to operate within the area. |
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| 144 | + | |
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| 145 | + | |
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| 146 | + | |
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| 147 | + | (ii)The area shall provide sidewalk vendors with substantially similar access to customers as would be provided if sidewalk vending were authorized in the adjacent location where stationary or roaming sidewalk vending, or both, are prohibited. |
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| 148 | + | |
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| 149 | + | |
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| 150 | + | |
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| 151 | + | (iii)The area shall be of sufficient size to allow for the simultaneous operation of sidewalk vendors in numbers commensurate with the anticipated number of sidewalk vending customers. |
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| 152 | + | |
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| 153 | + | |
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| 154 | + | |
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| 155 | + | (iv)The local authority has adopted regulations specific to the permitted vending area to enhance opportunities for sidewalk vending. |
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| 156 | + | |
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| 157 | + | |
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| 158 | + | |
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| 159 | + | (v)The area is designated by prominent signage and identified on the local authoritys internet website. |
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| 160 | + | |
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| 161 | + | |
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| 162 | + | |
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| 163 | + | (g)(1)A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in the case. |
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| 164 | + | |
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| 165 | + | |
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| 166 | + | |
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| 167 | + | (2)Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid. |
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| 168 | + | |
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| 169 | + | |
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| 170 | + | |
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| 171 | + | (3)Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1). |
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| 172 | + | |
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| 173 | + | |
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| 174 | + | |
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| 175 | + | (4)If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition. |
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| 176 | + | |
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| 177 | + | |
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| 178 | + | |
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| 179 | + | (5)Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner. |
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| 180 | + | |
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| 181 | + | |
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| 182 | + | |
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| 183 | + | (6)This subdivision or related provisions do not diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter. |
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| 184 | + | |
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| 185 | + | |
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| 186 | + | |
|---|
| 187 | + | (h)This section shall remain in effect only until January 1, 2026, and as of that date is repealed. |
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| 188 | + | |
|---|
| 189 | + | |
|---|
| 190 | + | |
|---|
| 191 | + | |
|---|
| 192 | + | |
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| 193 | + | |
|---|
| 194 | + | |
|---|
| 195 | + | (a)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038 is punishable only by the following: |
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| 196 | + | |
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| 197 | + | |
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| 198 | + | |
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| 199 | + | (A)An administrative fine not exceeding one hundred dollars ($100) for a first violation. |
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| 200 | + | |
|---|
| 201 | + | |
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| 202 | + | |
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| 203 | + | (B)An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. |
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| 204 | + | |
|---|
| 205 | + | |
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| 206 | + | |
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| 207 | + | (C)An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. |
|---|
| 208 | + | |
|---|
| 209 | + | |
|---|
| 210 | + | |
|---|
| 211 | + | (2)A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. |
|---|
| 212 | + | |
|---|
| 213 | + | |
|---|
| 214 | + | |
|---|
| 215 | + | (3)(A)If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1): |
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| 216 | + | |
|---|
| 217 | + | |
|---|
| 218 | + | |
|---|
| 219 | + | (i)An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. |
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| 220 | + | |
|---|
| 221 | + | |
|---|
| 222 | + | |
|---|
| 223 | + | (ii)An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. |
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| 224 | + | |
|---|
| 225 | + | |
|---|
| 226 | + | |
|---|
| 227 | + | (iii)An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. |
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| 228 | + | |
|---|
| 229 | + | |
|---|
| 230 | + | |
|---|
| 231 | + | (B)Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. |
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| 232 | + | |
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| 233 | + | |
|---|
| 234 | + | |
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| 235 | + | (b)The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority. |
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| 236 | + | |
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| 237 | + | |
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| 238 | + | |
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| 239 | + | (c)Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed. |
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| 240 | + | |
|---|
| 241 | + | |
|---|
| 242 | + | |
|---|
| 243 | + | (d)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. |
|---|
| 244 | + | |
|---|
| 245 | + | |
|---|
| 246 | + | |
|---|
| 247 | + | (2)Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed. |
|---|
| 248 | + | |
|---|
| 249 | + | |
|---|
| 250 | + | |
|---|
| 251 | + | (e)A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. |
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| 252 | + | |
|---|
| 253 | + | |
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| 254 | + | |
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| 255 | + | (f)(1)When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the persons ability to pay the fine. The local authority shall provide the person with notice of the right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. |
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| 256 | + | |
|---|
| 257 | + | |
|---|
| 258 | + | |
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| 259 | + | (2)If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). |
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| 260 | + | |
|---|
| 261 | + | |
|---|
| 262 | + | |
|---|
| 263 | + | (3)The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. |
|---|
| 264 | + | |
|---|
| 265 | + | |
|---|
| 266 | + | |
|---|
| 267 | + | (g)(1)A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in the case. |
|---|
| 268 | + | |
|---|
| 269 | + | |
|---|
| 270 | + | |
|---|
| 271 | + | (2)Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid. |
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| 272 | + | |
|---|
| 273 | + | |
|---|
| 274 | + | |
|---|
| 275 | + | (3)Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1). |
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| 276 | + | |
|---|
| 277 | + | |
|---|
| 278 | + | |
|---|
| 279 | + | (4)If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition. |
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| 280 | + | |
|---|
| 281 | + | |
|---|
| 282 | + | |
|---|
| 283 | + | (5)Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner. |
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| 284 | + | |
|---|
| 285 | + | |
|---|
| 286 | + | |
|---|
| 287 | + | (6)This subdivision or related provisions do not diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter. |
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| 288 | + | |
|---|
| 289 | + | |
|---|
| 290 | + | |
|---|
| 291 | + | (h)This section shall become operative on January 1, 2026. |
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| 292 | + | |
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| 293 | + | |
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| 294 | + | |
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| 295 | + | SEC. 3.SECTION 1. Section 51039.9 is added to the Government Code, to read:51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 296 | + | |
|---|
| 297 | + | SEC. 3.SECTION 1. Section 51039.9 is added to the Government Code, to read: |
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| 298 | + | |
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| 299 | + | ### SEC. 3.SECTION 1. |
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| 300 | + | |
|---|
| 301 | + | 51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
|---|
| 302 | + | |
|---|
| 303 | + | 51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 304 | + | |
|---|
| 305 | + | 51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
|---|
| 306 | + | |
|---|
| 307 | + | |
|---|
| 308 | + | |
|---|
| 309 | + | 51039.9. (a) On or before January 1, 2025, the Governors Office of Business and Economic Development shall complete and submit to the Legislature a report on the extent of noncompliance with local sidewalk vending ordinances in California and recommendations for legislative changes, if any, needed to reduce occurrences of repeated noncompliance with local sidewalk vending ordinances without unduly burdening the sidewalk vendor community. |
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| 310 | + | |
|---|
| 311 | + | (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. |
|---|
| 312 | + | |
|---|
| 313 | + | (c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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