(1) A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:
- (A) Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street.
- (B) Requirements to maintain sanitary conditions.
- (C) Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(D) Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license meets the following requirements:
- (i) The local authority shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and the number collected shall not be available to the public for inspection, shall be confidential, and shall not be disclosed except as required to administer the permit or licensure program or to comply with a state law or state or federal court order.
- (ii) The local authority shall not inquire into or collect information about an individual’s immigration or citizenship status or place of birth.
(iii)
- (I) The local authority shall not inquire into or collect information or documentation regarding an individual’s criminal history, and shall not require an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit or valid business license for sidewalk vending.
- (II) Notwithstanding any other law, including Division 10 (commencing with Section 7920.000) of Title 1, a local authority that inquired into or collected information or documentation regarding an individual’s place of birth or criminal history, required an applicant to submit fingerprints or complete a LiveScan fingerprinting, or performed a background check before January 1, 2026, shall destroy those records on or before March 1, 2026, unless those records are expressly required by law to be preserved.
- (E) Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit.
- (F) Requiring additional licenses from other state or local agencies to the extent required by law.
- (G) Requiring compliance with other generally applicable laws.
(H) Requiring a sidewalk vendor to submit information on their operations, including, but not limited to, any of the following:
- (i) The name and current mailing address of the sidewalk vendor.
- (ii) A description of the merchandise offered for sale or exchange.
- (iii) A certification by the vendor that to their knowledge and belief, the information contained on the form is true.
- (iv) The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
- (v) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.