In the coming months, people selling fruit, tacos, ice cream, toys and other goods from carts around the city of Napa will be required to get a permit following Tuesday’s City Council meeting.
In a unanimous vote, the council passed a sidewalk vending ordinance, which will limit times and locations for vendors and will require a $337 permit.
Mayor Scott Sedgley noted that feedback from residents pushed the city to move the ordinance forward.
Several council members suggested adding an exemption for Girl Scout cookie sales and other regular nonprofit vendors. Sedgley said the issue is really for-profit street businesses.
“A lot of this stuff is complaint driven,” he said, pointing out that the uproar is about professional vendor operations, not Thin Mints. “I don’t really see a lot of people complaining about neighborhood lemonade stands or Girl Scout cookies.”
Councilmember Bernie Narvaez said people had a few issues with the sellers.
“We’ve had some issues with street vendors,” said Narvaez before the meeting. “They block public right of way … it becomes a nuisance,” he said.
During the meeting, Tony Valdez with Napa’s Community Resources and Development department cited health concerns and “fairness” to brick-and-mortar businesses as the impetus for setting up a permitting system.
“At the end of the day,” Sedgley said, “apply for the permit, play by the rules and do the best you can.”
A finalized version of the ordinance will likely take effect by Sept. 4 after final approval by the council, allowing time to notify businesses and vendors, according to the city.
Valdez told the council that the city is aware that any informational materials sent out should be both in Spanish and English.
The Napa Police Department will have authority over some of the permitting process, including issuing, denying or revoking a permit based on “how that street vendor behaves,” said Narvaez.
Since 2018, code enforcement officers in the city have been unable to crack down on street vending following the passage of state Senate Bill 946, which legalized street vending and expunged misdemeanor charges for vendors who were previously criminalized, compelling cities to craft their own ordinances around street sales.
Details of the regulations are still being worked out, said Valdez.
As of now, the cost of getting an initial annual permit is $337, said Jaina French, a spokesperson for the city of Napa. The cost of renewing a permit will be $257.
The penalties for violating regulations are already set. If a permitted vendor blocks a sidewalk or breaks health and/or fire codes, they face $100-$500 in fines. If unpermitted, the fines are higher, ranging from $250-$1000.
A vendor is required to have a food handler license and an environmental health permit. Vendors will not be able to sell within 1,000 feet of a school during student arrival, dismissal or lunch, said Valdez, and the seller has to be 500 feet away from a farmers market.
‘An issue of fairness’
Napa resident Ben Koenig lauded the ordinance during public comment. Koenig employs around 50 employees at two restaurants in the city, Mothers Tacos and George + Kins, he said.
“If we as business owners are being held to a standard, the standard should be fair and equal for all involved,” said Koenig to the council.
Sometimes, he said, during events like the annual Lighted Art Festival or BottleRock, there are taco tents everywhere.
“You walk downtown and it’s like you’re in the middle of Oakland,” said Koenig. “Is this what we want to be the look in this city?”
But Koenig said he doesn’t want to stop anyone from making money for their family.
“It comes down to an issue of fairness,” he said.