Beach leaders in a Coastal Coalition have attacked the City’s new Sidewalk Vending Ordinance.

“The City’s Sidewalk Vending Ordinance has turned out to be nothing but a headline-grabbing ordinance with no teeth due to Mayor Gloria’s and City Attorney Mara Elliott’s not having the backbone to stand up to vendor groups who threaten litigation,” said Larry Webb, president of Mission Beach Town Council and a coastal coalition member.

“Our coastal parks and pathways as well as many downtown sidewalks during the late-evening hours continue to be taken over by street vendors.”

Two Coastal Coalition colleagues concurred with Webb’s sentiment expressed recently in a letter drafted by him. “I support him on it,” said Bob Evans, chair of La Jolla Parks and Beaches, Inc. “Even though LJPB’s stance has been strongly against all the sidewalk vending in the parks, I don’t have a meeting and vote from my organization that specifically approves that letter. So for the record, it’s only my individual support.”

“There are a number of us from the beach areas (Ocean Beach, Mission Beach, Pacific Beach, La Jolla) who have come together as the Coastal Coalition,” noted Janie Emerson, president of La Jolla Shores Association. “We all jointly approved and signed that letter from the Coastal Coalition. It states the key to the vending, beach fires, and camping ordinances is consistent and robust enforcement citywide. That means tickets, fines, etc. now.”

The loose-knit Coastal Coalition was formed recently to address common concerns including street vending, crime, homelessness, bonfires, and short-term rentals on the coast.

Besides Webb and MBTC, the coalition currently includes beach Neighborhood Watch groups, the La Jolla Shores Association, Ocean Beach MainStreet Association, and Ocean Beach Town Council.

In May 2022, the City Council approved Ordinance O-21459 establishing regulations and requirements for sidewalk vending throughout the City. This Ordinance became effective on June 22 of last year.

San Diego’s sidewalk vending ordinance changed how, when, and where street vendors can operate. Not following the new rules could cost a vendor hundreds, or even thousands, of dollars in fines and the potential for impounded equipment if they continue to break the new regulations.

However, implementing the new ordinance has run into a roadblock in the form of First Amendment rights, with some sidewalk vendors challenging the application of the new ordinance, claiming it infringes on their Constitutional protections.

That contention is being disputed by the Coastal Coalition. “For two weeks in February 2023, the vending ordinance was fully enforced in the coastal zone and it was stated that vendors claiming First Amendment rights would only be allowed if they were dealing in clearly religious or political activities,” said Webb. “After two weeks, the City ordered park rangers to discontinue enforcing the ordinance against anyone claiming First Amendment protection. Today, most of our oceanfront parks and pathways have once again been overtaken by street vendors claiming First Amendment protection. Unlicensed food vendors continue to operate at will.”

Concluded Webb: “Currently there are only two full-time park rangers assigned to patrol our shorelines. In the ordinance, funding was provided for the City to hire an additional eight rangers to patrol the coastal zone and additional code enforcement officers to enforce the ordinance in the remainder of the City. This has not been done.

“For at least the next year or so, when you visit a City beach or enjoy a coastal park or walk or bike on a coastal path, expect that scenic view of nature to be obstructed. Each vendor will also occupy at least one hard-to-get parking spot in our coastal communities. Tax-paying legitimate small businesses will continue to be threatened and many will be destroyed. All thanks to the lack of action by Mayor Gloria and City Attorney Mara Elliott.”

SIDEWALK VENDING ORDINANCE

The City allows roaming and stationary sidewalk vendor entrepreneurs to use the public right-of-way or public property for sidewalk vending. This includes the sale of art, food, clothing, and souvenirs from a pushcart, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.

To conduct business in the public right of way or on public property, a Sidewalk Vending Permit is required. A Sidewalk Vending Permit is valid for one year from the date of issuance. Sidewalk Vendors must possess a Business Tax Certificate, Sidewalk Vending Permit and City-issued Photo ID to engage in sidewalk vending activities in the City. As part of the registration process, applicants must also provide proof of a California Seller’s Permit and a County Health Permit and Food Handler Card, if applicable.