A. 
Regulation of the sale of food and merchandise on public sidewalks will benefit the City by promoting entrepreneurship, while ensuring the protection of the public health, safety, and welfare.
B. 
The City Council finds that the vending of produce, meat, and other prepared or prepackaged foods, goods, and wares on sidewalks, the public right-of-way, and parks poses special conditions that may potentially impact the public health, safety, and welfare of the residents of the City of Stockton. The requirements set forth by this chapter are necessary to ensure vending operations do not adversely impact the public welfare, that food vendors adhere to State and County public health requirements, and there are free and safe flows of vehicular and pedestrian traffic in the public right-of-way where vendors are conducting their business.
C. 
The City Council further finds that parks and nature areas are a finite and valuable resource within the City. Public parks are designed and maintained to support the recreational activities for which they were intended and have inadequate facilities such as restrooms, water, sanitary services, and pedestrian and vehicular traffic flow necessary to support commercial vending activities. It is the purpose and intent of the City Council, in enacting this chapter, to protect the health, safety, and welfare of the public by regulating the use of parks, nature areas, and recreation facilities, to ensure the public's use and enjoyment of natural resources and recreational opportunities and prevent an undue concentration of commercial activities that unreasonably interfere with the intended use of the parks, but not infringe on a person's right to pursue economic opportunities afforded to them by law.
D. 
Street and sidewalk vendor business licensing requirements and regulations are located in SMC Chapter 5.106.
(Ord. 2025-12-16-1212-02, 12/16/2025)
The definitions herein are for the purpose of clarifying terms within this chapter.
"Compact mobile food operation"
means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
"Designated location"
shall mean a specific location on a public sidewalk, park, or venue which has been allocated a permit by the City of Stockton for exclusive use in a vending operation.
"Food"
shall mean any type of edible substance or beverage.
"Health Officer"
shall mean the San Joaquin County Health Officer, or the assigned City Health Officer, and their designated personnel.
"Merchandise"
shall mean any tangible items or goods that are not food.
"Park"
shall mean the grounds areas of any public park, recreational facility, or venue owned or operated by the City of Stockton.
"Peddler."
See "Vendor."
"Permit"
shall mean a permit or license issued by the City of Stockton authorizing a vendor to conduct business within the city limits, as allowed by this Chapter and SMC Chapter 5.106.
"Person" or "Persons"
shall mean one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity.
"Roaming Vendor"
shall mean a sidewalk vendor who moves from place to place and stops only long enough to complete a transaction.
"Sidewalk"
shall mean any surface in the public right-of-way intended for use by pedestrians, including walkways and pathways.
"Sidewalk/street vendor"
shall mean a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk, pedestrian path, or park, including all roaming sidewalk vendors, stationary sidewalk vendors and compact mobile food operations.
"Stationary sidewalk vendor"
shall mean a sidewalk vendor who vends from a fixed location.
"Street"
shall mean the portion of any County, State or public road or highway within the City of Stockton, which is utilized for motor vehicle or bicycle traffic, including any improved shoulder adjacent to traffic lanes.
"Vend" or "vending"
means the sale of any goods, wares, merchandise, prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk, other pedestrian path, or park.
"Vendor"
shall mean any person, business, organization, or establishment that sells merchandise or food products on the public right-of-way or a park. This includes any peddler as defined in SMC Section 5.08.260.
"Vendors permit or license"
shall mean a permit issued pursuant to the provisions of this chapter to engage in sidewalk, street, or park vending activities.
"Venue"
shall mean any location owned by or operated by the City of Stockton.
(Ord. 2025-12-16-1212-02, 12/16/2025)
It shall be unlawful for any person to vend, or attempt to engage in vending, or conduct any business for the purpose of vending upon a public sidewalk, other pedestrian path, park, or public recreational area within the City of Stockton except in accordance with all applicable provisions of this chapter.
(Ord. 2025-12-16-1212-02, 12/16/2025)
A. 
Any person, business, or organization desiring to engage in vending, as defined by this chapter, shall submit a written application for a business license to the city manager or designee in a form acceptable to and with all fees and supporting information required by the City of Stockton pursuant to SMC Chapters 5.04, 5.16, and 5.106.
B. 
Any vendor that sells food products shall obtain a permit pursuant to any State of California and/or the San Joaquin Department of Environmental Health requirements. If said permit(s) are required, a copy of the permit(s) shall be submitted at the time of application of a City of Stockton business license.
C. 
The sidewalk vendor shall display, in plain view at all times, a current business license and any required County health permit and applicable inspection stickers in or on their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
D. 
Any vendor found to be operating without having first obtained a business license, or within a park without having paid a public property use fee pursuant to SMC Section 8.70.050, may be assessed an administrative fine as provide in SMC Section 8.70.110.B.
E. 
A vendor permit may be suspended or revoked pursuant to SMC Section 8.70.110.A.4 and SMC Chapter 5.106.
(Ord. 2025-12-16-1212-02, 12/16/2025)
Any vendor who conducts, or plans to conduct, vending activities upon any portion of a park, or a sidewalk adjacent to any park, shall pay to the City of Stockton a public property use fee in the amount as determined by resolution of the City Council from time to time. Public property use fees shall be payable at the time business license fees are due. Should a vendor decide after having already obtained a business license without paying to operate in a park or sidewalk adjacent to a park, the vendor shall pay to the City of Stockton, in the full annual amount, the cost of the use fee prior to operating thereon. The purpose of the fees shall be to mitigate the effects of additional and unordinary traffic upon landscaped park surfaces and the increased use of park systems and facilities by persons that otherwise would not be using those facilities, as well as the use of the park and its facilities by vendors themselves; a use which was never originally intended, or designed, for such locations. The proceeds from this use fee shall be allocated to the Public Works Department for the purposes of addressing the additional costs of maintenance, repair, and replacement of damaged landscaping, sprinklers, and other affected ancillary systems and facilities. Any vendor found to be operating in a location described herein without having paid the required use fee shall be guilty of a violation of this section.
(Ord. 2025-12-16-1212-02, 12/16/2025)
A. 
Any vending cart, pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance shall not exceed 10 feet by 10 feet in dimension and, when vending in a park, auxiliary equipment associated with a vending activity shall not impede upon a park surface more than 10 feet from the edge of any adjacent sidewalk and shall not be attached or affixed to any lamp post, parking meter, picnic table, fire hydrant, tree, plant, bench, or trash can.
B. 
No vending shall prohibit mobility upon the right-of-way in accordance with the Americans with Disabilities Act (ADA).[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
C. 
No vending activity shall encroach on private property without written consent of the property owner.
D. 
No vending activity shall be conducted on a sidewalk unless there is a five-foot clear space for pedestrian passage.
E. 
No person shall install, use, or maintain any vending equipment that projects onto, into, or over any sidewalk when such installation, use, or maintenance endangers the safety of persons or property, or when such site or location is being used for public utility purposes, or other governmental use.
F. 
No sidewalk vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley, or any other public place, by causing people to congregate at or near the place where goods, wares, foods, or merchandise of any kind are being sold or offered for sale.
G. 
No cords, hoses, extension cords, pipes, or other objects may lie on or across any portion of a sidewalk, or vendor premise walkway in a manner that may cause a trip hazard.
H. 
When a canopy is used, it shall not exceed 10 feet by 10 feet, shall be temporary in nature, and shall be installed in a manner that high winds will not dislodge the cover from the premise, without the use of stakes, rods, or other devices that penetrate landscaped areas when installed on park grounds. No canopy, cover or other form of overhang shall be erected, or rest, upon the required five feet of clear space required for pedestrian passage. Tents, canopies, or any other covering used, of any size, where cooking with an open flame is being conducted, shall not be accessible to the public, shall have all required labeling, and shall comply with all California Fire Code listing requirements.
I. 
No tables, chairs, fences, or other site furniture or structures (permanent or otherwise), or any freestanding signs shall be permitted on or adjacent to the premise, except for tables and/or stands to display products, and chairs for not more than the number of vendors and/or operators on site for the purpose of operating the vending activity. Any advertisement of merchandise shall be attached to the bending cart, pushcart, stand, display, pedal driven cart, wagon, showcase, merchandise rack, or other non-motorized conveyance.
J. 
All vending operations shall be self-sufficient, and no vendor shall connect any water, electrical, or mechanical lines, cords, hoses, or pipes to any utility owned or controlled by the City of Stockton, or to services on private property regardless of the vendor having written consent to conduct business thereon. This includes, but is not limited to, connections to receptacles, spickets, transformers, generators, and gas connections.
K. 
All vending operations shall be equipped with refuse containers large enough to contain all refuse generated by the vending operations. Vendors shall pick up all refuse generated by such operation within a 25-foot radius of the operation before the vendor changes location and/or discontinues business for the day. No vendor shall dispose of any trash or refuse in any public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor.
L. 
Vendors using portable generators shall be restricted to a maximum fuel capacity of not more than 60 gallons for those types of generators using diesel fuel and 10 gallons for those types of generators using gasoline. Generators shall be maintained at a minimum distance of 10 feet from any combustible materials.
M. 
Vendors who incorporate open-flame and/or electric cooking or heating operations shall ensure the equipment complies with the California Fire Code and is listed with an approved certification from a nationally recognized testing agency such as UL or FM. Vendors using unlisted equipment can be cited under the California Fire Code, regardless of the provisions of this chapter.
N. 
Unless written authorization has been obtained from the City of Stockton Fire Department, the use of open-flame devices and equipment shall be prohibited.
O. 
Other than clean water, no vendor shall discharge or release any items or materials, whether they be solids or liquids, onto the sidewalk, street, gutter, storm drain, or upon any public or private property.
P. 
All vendor operations shall comply with any California Health and Safety Code and San Joaquin County Health Department permit requirements regarding the availability of adequate toilet, handwashing facilities, and equipment sanitation for use by food service personnel.
Q. 
No vendor shall drive or park any vehicle or trailer on a sidewalk or landscaped area of a park or any landscaped portion of private property.
R. 
No vendor shall sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana.
S. 
No vendor shall conduct business through the passenger compartment or bed of a truck that is parked on a public right-of-way or public parking lot.
T. 
No vendor shall conduct transactions with persons in moving vehicles or vehicles illegally parked or illegally stopped in the public right-of-way.
U. 
All vendors are subject to the provisions of the State of California Vehicle Code and shall not obstruct the flow or pattern of traffic on a public right-of-way when loading and unloading merchandise from or into their vehicle.
V. 
All vendors are subject to the provisions of the California Fire Code, including, but not limited to, the following:
1. 
Vendors shall not create an obstruction to fire lanes and/or fire apparatus access roads.
2. 
Fire lanes shall have a minimum 20-foot clear width and always remain completely unobstructed.
3. 
For specific types of vendor operations, approved portable fire extinguishers complying with California Fire Code Section 906 shall be required and placed in locations approved by the Fire Code Official.
W. 
No vendor shall interfere in any way with anyone engaged in an activity within a park that is not directly associated with the street vendor.
X. 
No vending operation shall be left unattended or stored on public property.
Y. 
No vendor shall emit a noise that constitutes a nuisance pursuant to the Stockton Municipal Code Chapter 8.20.
Z. 
Upon request of any police officer, peace officer, community service officer, health officer, code enforcement officer, or any other public official assigned for the purpose of enforcing any portion of this chapter, a vendor shall produce a valid form of identification.
(Ord. 2025-12-16-1212-02, 12/16/2025)
A vendor may locate and operate upon a public sidewalk, pedestrian path, public park, or other public area, subject to the following conditions:
A. 
No vendor shall operate within 1,000 feet of:
1. 
An area designated for a temporary special permit issued by the City of Stockton provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City of Stockton's temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the City of Stockton for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit.
2. 
A permitted certified farmers' market or a permitted swap meet during the limited operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
B. 
No vendor shall operate within 300 feet of:
1. 
Any freeway or highway entrance or exit.
2. 
Any portion of a public or private golf course.
3. 
Any portion of Banner Island Ballpark, Adventist Health Arena, Bob Hope Theater, Weber Point, or Civil Auditorium, or those facilities where they are located as the name may change from time to time.
4. 
Any designated Transportation Center (bus, train, trolley, etc.).
5. 
Any portion of a school site prior to 4:00 p.m. on any day when the school is in session.
6. 
Any park, venue, or facility owned or operated by the City of Stockton where there exists a signed agreement for concessions that exclusively permits the sale of food or merchandise therein to one or more concessionaire.
7. 
Any food or merchandise establishment during that establishment's regular hours of business.
C. 
No vendor shall operate within 100 feet of:
1. 
Any entrance of a recreational facility, library, youth service center, or senior center.
2. 
Any building, bathroom, or playground within a park.
3. 
Any controlled or uncontrolled intersection or alley entry.
4. 
Any automated teller machine (ATM).
5. 
The entry of any funeral parlor, chapel, mortuary, or any other type of business operating for the purpose of honoring and/or celebrating a death, between one hour prior to and one hour after the scheduled time of the service, without the expressed permission of the person(s) in control of the facility.
D. 
No vendor shall operate within 50 feet of:
1. 
Any "No Parking" zone.
2. 
Any fountain, statue, monument, or art installation.
3. 
Any bus stop, bus shelter or taxi stand.
4. 
Any entry or exit from a parking lot, parking garage, strip mall, or shopping center.
5. 
Any marked pedestrian crossing.
6. 
Any fire hydrant.
7. 
Any athletic field or court located within a park as defined herein.
E. 
No vendor shall operate within 10 feet of:
1. 
Any other vending or food wagon operation.
F. 
No vendor shall conduct business on, or at:
1. 
Any park, venue, or facility owned or operated by the City of Stockton where there exists a signed agreement for concessions that exclusively permits the sale of food or merchandise therein.
2. 
Other than on an adjoining sidewalk or area designated in Section 8.70.060.A, no vending shall be conducted on any pathway, sidewalk, or other area, beyond the entrance of a park or venue owned or operated by the City of Stockton.
3. 
Any parking stall or designated parking area.
4. 
Any City of Stockton maintenance facility or storage area.
5. 
Any area within 25 feet of a public street curb that has been designated by the City as a yellow, white, or blue zone.
6. 
Any tree well or planting strip.
7. 
Any area zoned exclusively residential, excluding designated public parks or park space.
(Ord. 2025-12-16-1212-02, 12/16/2025)
A. 
Any person engaged in vending conducted in connection with the operations of a state-certified open-air market or an authorized street fair or event under a special event permit, lease, real property license, agreement, or other entitlements issued by the City of Stockton.
B. 
Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale.
C. 
This chapter shall not apply to the sale or distribution of any newspaper, flier, or handbill.
(Ord. 2025-12-16-1212-02, 12/16/2025)
In addition to the provision already stated within Chapter 8.70, a sidewalk vendor must also comply with regulations specific to the following types of land uses:
A. 
Residential Use Area.
1. 
Other than roaming vendors, vending is prohibited in areas zoned exclusively residential. This provision does not apply to designated parks or park spaces located in areas zoned exclusively residential.
2. 
Roaming vendors shall limit hours of operation from 8:00 a.m. to 5:00 p.m. of any given day.
B. 
Commercial Use Area.
1. 
Permitted hours of operation shall not begin any earlier or continue any later than the normal business hours of any other business or use on the same street.
2. 
No vendor shall conduct operations within 300 feet of a residence located within a commercial zone.
C. 
Industrial Use Zone.
1. 
Permitted hours of operation shall not begin any earlier or continue any later than the normal business hours of any other business or use on the same street.
2. 
No vendor shall conduct operations within 300 feet of a residence located within a commercial zone.
D. 
Public Parks. No vending shall be conducted within a park except during the park's posted operational hours. If the park has no posted operational hours, vending operation shall not commence prior to sunrise and shall be completed no later than sunset of that same day.
(Ord. 2025-12-16-1212-02, 12/16/2025)
The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this chapter into law.
(Ord. 2025-12-16-1212-02, 12/16/2025)
In accordance with the provisions set forth in the State of California Government Code Section 51039, administrative penalties may be assessed as follows:
A. 
Violations of SMC Section 8.70.060 through SMC Section 8.70.090 may be assessed:
1. 
An administrative fine not exceeding $100 for a first violation.
2. 
An administrative fine not exceeding $200 for a second violation within one year of the first violation.
3. 
An administrative fine not exceeding $400 for each additional violation within one year of the first violation.
4. 
Upon the fourth violation within one year of the first violation, the vendor permit may be suspended for the remaining term of the permit.
B. 
Violations of SMC Section 8.70.040 and SMC Section 8.70.050 may be assessed:
1. 
An administrative fine not exceeding $250 for a first violation.
2. 
An administrative fine not exceeding $500 for a second violation within one year of the first violation.
3. 
An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
4. 
Upon proof of a valid permit having been issued the administrative fines set forth in this subsection shall be reduced to the administrative fines set forth in subsection A of this section, respectively.
C. 
Failure to pay an administrative fine pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subsections A and B shall be prohibited.
(Ord. 2025-12-16-1212-02, 12/16/2025)
In accordance with the provisions set forth in Government Code Section 51039(f) the City of Stockton shall take into consideration a person's ability to pay an administrative fine as follows:
A. 
Any fine issued under this chapter will be accompanied by a notice of and instruction regarding a person's right to request an ability-to-pay determination. A person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.
B. 
If a person is receiving public benefits under California Government Code Section 68632(a), or has a monthly income which is 125% or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the person's administrative fine is limited to 20% of the amount assessed.
C. 
The City of Stockton may also take the following actions:
1. 
Allow the person to complete community service in lieu of paying the total administrative fine.
2. 
Waive the administrative fine.
3. 
Offer an alternative disposition.
(Ord. 2025-12-16-1212-02, 12/16/2025)
A. 
The provisions of this chapter shall be enforced by the City of Stockton, Police Department, Neighborhood Services Section.
B. 
When applicable, provisions of the California Health and Safety Code, as it pertains to the handling, processing, serving, and other aspects of food safety, shall be enforceable, and issued notice, by the San Joaquin County Environmental Health Department or City assigned Health Officer and his/her designee.
C. 
Failure to comply with the correction of a violation previously cited by the San Joaquin County Environmental Health Department may be cited by a City of Stockton Code Enforcement Officer in subsequent notices.
D. 
Violations of the California Vehicle Code shall be enforced by the applicable law enforcement agency upon the location where the violation exists.
(Ord. 2025-12-16-1212-02, 12/16/2025)