On Tuesday morning, the Kern County Counsel’s Office requested that the Kern County Board of Supervisors amend the following: Chapter 5.04 and Section 19.08.450 of the ordinance code regarding sidewalk vendors and add Chapter 5.31, which the board approved with a 5-0 vote. Chapter 5.04 oversees the general business licenses and regulations for unincorporated areas, whereas Section 19.08.450 serves as a zoning ordinance for street vendors operating on private property.
Since 2018, the county ordinance regarding street vendors has not been updated to follow the state’s legislative changes under Code 51036-51039 and SB 946. Under the new proposal, the county would align with the state and the City of Bakersfield’s mandates on street vendors and permit requirements.
According to Assistant County Counsel Katie Rivera, the proposed ordinance, Chapter 5.31, would add language that defines “sidewalk vendors” to include roaming sidewalk vendors and stationary sidewalk vendors. The prior ordinance also required applicants to submit to a criminal background check and fingerprinting. Now, under the new amendments, applicants would not be required to provide either to obtain a license. Additionally, licensed vendors would be issued with conditions that ensure they sell safely and legally without creating a burden on County resources.
The proposal comes just months after street vendors on Casa Loma received citations from both county and city code enforcement officers for selling without permits and were forced to move elsewhere to sell. Soon after these sweeps occurred, both the City and County partnered together through a community initiative, Corazon Latino, in which they held a resource event where they provided community members with steps to obtain a permit and took in their questions and concerns about fees.
Rivera further explained that if a violation occurs under this proposed ordinance, individuals with a permit would be punished by the following:
- Administrative fine not exceeding $100 for a first offense.
- Administrative fine not exceeding $200 for a second offense within one year after the first offense.
- Administrative fine not exceeding $500 for each offense within one year after the first offense.
- Revocation of a license
Vendors without a permitting license could see the following:
- Administrative fine not exceeding $250 for the first offense.
- Administrative fine not exceeding $500 for a second offense within one year after the first offense.
- Administrative fine not exceeding $1000 for each offense within one year after the first offense.
Under the previous county ordinance, vendors were punished by being charged with a misdemeanor; now, with the new alignment of the following state codes, they will be charged an administrative fee.
Any applicant who wishes to sell food, merchandise, etc. will be required to apply for a permit through the Kern County Sheriff’s Department. In terms of who will be governing the health and safety laws, the new amendments will stay the same and will be overseen by the Department of Public Health.
