Food

, ,

Pomona Adapts Urgency Ordinance Creating New Regulations for Street Vendors

, ,

Photography courtesy of Julian Lucas ©2013

Pomona city council adopted a set of urgency ordinances on Oct. 21 that will create new regulations and restrictions for street vendors to follow in order to continue business within the streets of the city.

The urgency ordinance will create a regulatory mechanism for street vendors “to assure that safety hazards, such as inhibiting the ability of individuals with disabilities and other pedestrians to follow a safe path of travel; public exposure to fire hazards such as open outdoor flames; interference with the performance of police, firefighter, and emergency medical personnel services; and obstacles contributing to congestion for pedestrian, vehicle, and bicycle traffic are mitigated to ensure the public health, safety and welfare of the community.”

The ordinances will be affected immediately. During a 30-day grace period, the city will conduct an outreach program to inform the community about the new regulations. Soon after, a newly formed Division 4 will enforce the new obstruction laws, cite and confiscate the equipment from street vendors.

The new bylaws will also require every street vendor to apply and display a vendor’s permit. If the item for sale is food, they must also complete a food handler’s course through the LA County Department of Public Health and provide a copy of completion.

The Development Service Department will lead the Code Enforcement Division. It will cost the city of Pomona an estimate of $200,000 in overtime pay to ensure street vendors follow the new regulations and it will be appropriated from other city departments like Development Service Code Enforcement, Public Works and the Police Department. 

Community member Greg Estel expressed his gratitude toward the council and the mayor during public comment for setting up oversight over the street vendors in the streets of Pomona.

“We must protect the health of our community, streets, our sidewalks and the future promotion of business by making sure everyone is held to the same standards,” Estel said. “I urge the council to consider implementing this location based ordinance for the benefit of our entire city.”

The new regulations are the result of a report conducted by the Sidewalk Vending subcommittee. After the reports were given to the city council, they directed staff to create an ordinance to address the findings during an Aug. 5 meeting.

Vendors have set up business on the sidewalks of main streets and the city has received a number of complaints from the community reporting restricted sidewalks, walkways, parking lots and streets.

On Oct. 14, 2022, a driver crashed into the curb line and injured 12 people waiting, including one death, while they were waiting for their food or food orders from a vendor.

As a result, the ordinance states the City Planning Division will develop interactive maps that display all sidewalks with restrictions for Sidewalk Vending Districts approved by the city manager.

As a result of the approval of the urgency ordinances, the Business Department of the City of Pomona will create a Sidewalk Vending Program. The new department will be in charge of creating a system to inform the city council of all permits that are allocated, revoked and all the citations that are given.

The program will also be in charge of evaluating all applications and conducting community outreach programs that will provide education on the process of receiving a street vending permit, in Spanish and any other language that is needed.

In a separate ordinance, the city council approved appropriating $16,000 from the general fund in order to cover overtime expenses for public outreach regarding the new restrictions and regulations.

Community member Elinor Crescenzi expressed her concerns about how the regulations will affect the unhoused population setting up tents on sidewalks.

“I was very alarmed by what I saw [on the city council agenda],” Crescenzi said. “I saw an extremely broad policy targeting street vendors, in my mind an aggressive, and inappropriate way, but with very distinct implications for harm against people living in the streets.”

As a result of the concerns Crescenzi and other community members raised, council agreed to redact an item on the list of sidewalk obstructions that could be used against unhoused people.

In a community message board online, Guillermo Gonzalez, who is running for district 4 council, expressed concerns over execution of the newly approved amendments.

“There are several parts of the ordinance that needed work, most of it related to transparency and accountability,” Gonzalez stated. “Given the city’s track record with previous ordinance, I’m not confident they can execute on this ordinance.”

Anthony Solorzano is the freelance writer. He has been pursuing journalism since he realized he hated his job. Anthony loves to tell stories using humor and is passionate about covering his hometown of Pomona. 

The City of Long Beach to Give Away 40 New Street Vending Carts

Long Beach Recovery Act to fund business assistance program during first year of ordinance.

Photography Julian Lucas Pomona, CA 2018

Long Beach, CA – The City of Long Beach, through the Long Beach Recovery Act, is funding a sidewalk vending support program, “Sidewalk to Success,” to help ease the financial burden for small businesses in the first year of the City’s recently approved Sidewalk Vending Ordinance which went into effect late February 2024.

The City Council approved the development of a sidewalk vending support program to cover the costs of the required business license and health permit fees for operating in the first year and provide reimbursements for the first year of insurance costs. Under the Sidewalk to Success Program, all costs will be covered at the time of the application, with the exception of insurance costs, which will be covered through a reimbursement process for an amount not to exceed $450. A second phase of the program is being developed that will provide up to 40 free food vending carts to sidewalk vendors who apply and meet eligibility requirements; actual carts available will depend on the type of carts and program participation. Details on eligibility and how to apply will be shared later this summer once established. 

“Small businesses play a vital role in the expansion of economic development for our City,” said Mayor Rex Richardson. “The new Sidewalk Vending Support Program will provide small business owners support and resources to safely serve their Long Beach customers.”

The Sidewalk to Success Program is now available for businesses. All applicants who apply for a sidewalk vendor business license and permit between Feb. 26, 2024, and Feb. 26, 2025, will not have to pay the $300 fee. During this time period, all applicants who also require a health permit and/or plan check will not have to pay the associated fees. All sidewalk vendors will be required to obtain general liability insurance coverage, which is required to be issued a business license. The City will reimburse each approved sidewalk vendor applicant up to $450 for the cost of this coverage upon receipt of the actual cost that is submitted by the vendor between Feb. 26, 2024, to Feb. 26, 2025. The goal of the program is to support sidewalk vendors who are interested in and are eligible to participate in the program. The actual number of vendors and financial support provided may vary depending on the applicants. Depending on the program’s participation levels and outcomes, additional funding may need to be explored.  

More information about the program, including how to apply for a sidewalk vendors business license and how to obtain a health permit from the Long Beach Health Department, is available at longbeach.gov/sidewalkvending. Additionally, the Health Department can be reached at 562.570.4132 for questions on health permits, and the Financial Management Department can be reached at 562.570.6211 for questions on business licenses.

The City’s Inclusive Business Navigators, a program also funded by the Long Beach Recovery Act, provides free business coaching and advising services to Long Beach small businesses. Through this program, the City partners with four community-based organizations to help guide sidewalk vendors through the business license and health permit process, assistance in obtaining the required insurance, among other business assistance and resource needs. Contact information for Inclusive Business Navigators is available at longbeach.gov/biznavigators, or contact BizCare for a direct referral by calling 562.570.4BIZ (4249) or 4Biz@longbeach.gov. Business assistance is available in English, Spanish and Khmer.

The City previously announced a sidewalk vending support program in January 2023 after the Long Beach City Council approved a new sidewalk vending ordinance with a 9 to 0 vote. The ordinance aligns with California’s Safe Sidewalk Vending Act (SB 946), which decriminalized sidewalk vending. The City’s sidewalk vending ordinance was developed at the direction of City Council, following extensive outreach.

Sidewalk to Success is made possible by the Long Beach Recovery Act, a plan to fund economic and public health initiatives for Long Beach residents, workers and businesses critically impacted by the COVID-19 pandemic. Additional information about the Long Beach Recovery Act is available at longbeach.gov/recovery. The program also aligns with Goal 4 of Long Beach’s Racial and Reconciliation Initiative to improve health and wellness in the City by eliminating social and economic disparities where health outcomes are significantly below city averages.

Long Beach Implements New Rules for Street Vendors

Earlier this year, in an effort to support entrepreneurial and business development opportunities in the city while protecting public health, safety and ADA access, during its Jan. 23, 2024, meeting, the Long Beach City Council approved with a 9 to 0 vote a new sidewalk vending ordinance. This action creates a clear path for those who would like to sell food from compact mobile food operations, more commonly known as food carts, or other merchandise.

“As we grow Long Beach, it’s imperative to find ways to expand business opportunities in the city,” said Mayor Rex Richardson. “This new ordinance will open a new avenue of opportunities for small businesses while prioritizing public health, accessibility and safety.”

The new ordinance, which will go into effect on Feb. 23, 2024, aligns with California’s Safe Sidewalk Vending Act (SB 946), which decriminalized sidewalk vending. The City developed its own sidewalk vending ordinance, at the direction of City Council, following extensive outreach. A sidewalk vendor is a person who sells food or merchandise on a public sidewalk or other pedestrian path from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other non-motorized conveyance, or from one’s person. Food vendors are required to obtain a health permit from the Health Department.

A comprehensive handbook and other educational materials will be available by the time the ordinance is in effect. The City is also creating a multi-pronged educational campaign to alert current and potential sidewalk vendors of the new ordinance and the associated requirements, as well as financial assistance opportunities.

"The fruition of this long-awaited ordinance is a significant and historical milestone in the City of Long Beach," said First District Councilwoman Mary Zendejas, who first brought forward the item in hopes of creating a clear pathway for street vendors to be able to obtain a business license so they can thrive while keeping their customers safe. See Ordinances here

Julian Lucas, is a photographer, a purveyor of books, and writer, but mostly a photographer. Don’t ever ask him to take photos of events because he will charge you a lot of money. Julian is also the owner and founder of Mirrored Society Book Shop, publisher of The Pomonan, founder of Book-Store, and founder of PPABF.

Street Vendors United Will Host the First Street Vendors Market

Photography Julian Lucas Pomona, CA 2018

Photography Julian Lucas Pomona, CA 2018

Text Julian Lucas

Wendy Guardado, director and founder of Street Vendors United, based in Los Angeles, explains that, unfortunately, nimbyism exists and street-vendors are often the targets. She maintains that they are constantly exposed to harassment and physical attacks, and that she founded Street Vendors United in 2017 to shine a positive light on street-vending. Many street-vendors are currently working under conditions where they feel stressed and/or invisible. Many report that they feel like they are talked down to. All this sparked Wendy’s organization to come together with community members to create a space for street vendors to exist without all the stressors.

Currently, her organization will host the 1st Annual Street Vendors Market at Mariachi Plaza in the Boyle Heights district of Los Angeles June 27th 2021. The market will include over 15 street vendors with all types of food and drinks. There will also be performances and talks by Royal Roots, Mr. Paine, and many other artists.

After a short interview Ms. Guardado explains that in spite of all the difficulties and obstacles - involving city and private regulations - her organization was able to create a space for them by obtaining all the proper permits. She reports that creating this platform for them took away much of their stress and they were grateful for all the support they received.

In an article published last year there was mentioned of having street vendors move into an open lot along with other food entities such as food carts:

(Lucas 2020) I have seen, heard, and read many people complain so much about the street vendors. Ok, so here is a plan of action: let’s lower the fees, making it fair for them to be in business, have the street vendors purchase or use their food carts, and allow street vendors move into a space in an open lot, along with other food carts. This will make the complainers of street vendors happy since we should be focusing on community. The Pomonan

good-humor-man-400.jpg

HISTORY
In the later part of the 19th century, after California became recognized as a state in 1850, street vending grew widespread amongst Mexican and Chinese immigrants. Of course cities sought to limit its mobility by 1890, but the food was always too appealing to patrons.

Street vending has a long history that stretches back to the ancients when food was prepared on the streets as part of the beginning of civilization, and it is unlikely to disappear any time soon. Ancient Greeks mentioned the practice of Egyptians frying fish and selling it on the street at the Port of Alexandria between the Mediterranean Sea and Mariut Lake. In the later part of the 19th century, after California became recognized as a state in 1850, street vending grew widespread amongst Mexican and Chinese immigrants. Of course cities sought to limit its mobility by 1890, but the food was always too appealing to patrons.

In an article published by Fee.org stated, street vending prospered in American since the 1600’s. “By 2007, street-vending businesses throughout the country generated revenues in excess of $40 billion. Vendors in Atlanta alone brought nearly $250 million to their local economy.” Street vending boomed after the 2008 recession with new regulations following thereafter. Fast forward to 2021, the US market size for the street vendors industry is $1.7 billion.

Today we are seeing more and more street vendors, in part, because people have lost their jobs or they can only find low-paying ones. It's a work-around for entrepreneurs who don't have the financial means to operate out of a brick-and-mortar.

Some of these street vendors work in poorer neighborhoods, but some “foodie pop ups” can be found in neighborhoods that have flipped as a result of gentrification. These pop ups mostly cater more to the younger generation who may not have the financial means to go to a brick and mortar. Or it can be a life-style choice - 'grab and go' as opposed to 'sit-down.'

Photo Jun 26, 5 23 27 PM (1).jpg

Julian Lucas, is fine art photographer, photojournalist, and creative strategist. Julian also works as a housing specialist which, includes linking homeless veterans to housing. Julian has lived in Chicago, Inglewood, Portland, and the suburbs of Los Angeles County including Pomona.