Bills

SB 635: Food vendors and facilities: enforcement activities.

Session Year: 2025-2026
House: Senate
Latest Version Date: 2025-10-07

Current Status:

Passed

(2025-10-07: Chaptered by Secretary of State. Chapter 463, Statutes of 2025.)

Introduced

In Committee

Awaiting First Chamber Vote

Passed First Chamber

In Committee

Awaiting Second Chamber Vote

Passed Second Chamber

Enacted

Version:

(1)Existing law authorizes a local authority, as defined, to adopt a program to regulate sidewalk vendors if the program complies with specified standards. These standards include restricting the local authority from requiring a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns. A violation of these provisions is punishable only by an administrative fine, as specified.

This bill would prohibit a local authority, except as otherwise required by state or federal law, from providing voluntary consent to any individual to access, review, or obtain certain records of the local authority that include personally identifiable information of any sidewalk vendors in the jurisdiction without a subpoena or judicial warrant. The bill would also prohibit a local authority and its personnel from disclosing or providing in writing, verbally, or in any other manner personally identifiable information of any sidewalk vendor that is requested, except pursuant to a subpoena or a valid judicial warrant. The bill would define personally identifiable information, for these purposes, to include an individuals name, business name, home address, business address, birthdate, telephone number, California drivers license or identification, and other related information. The bill would also define immigration enforcement for these purposes.

Existing law authorizes a local authority to 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. These include requiring the sidewalk vendor to obtain from the local authority a permit or valid business license, provided that the local authority issuing the permit or business license accepts a California drivers license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number for the issuance of a permit or business license, and that the number collected is not disclosed, except as specified.

This bill would also prohibit a local authority, in the above-described circumstances, from inquiring into or collecting information about an individuals immigration or citizenship status, place of birth, or individual criminal history, or requiring an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit or business license. The bill would require a local authority that inquired into or collected information or documentation regarding an individuals 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, to destroy those records on or before March 1, 2026, unless those records are expressly required by law to be preserved. The bill would provide that specified personally identifiable information collected by a local authority is exempt from disclosure under the California Public Records Act.

This bill would prohibit an agency or department of a local authority, including any nonpublic entity working on the local authoritys behalf, as provided, from using local authority moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for certain purposes, and from engaging in specified activities related to immigration enforcement, when enforcing certain provisions regulating sidewalk vendors. The bill, for specified contracts between a nonpublic entity and a local authority entered into or modified on or after January 1, 2026, would require a nonpublic entity to explicitly agree to adhere to these provisions and would immediately terminate the contract if it is found that the nonpublic entity has violated these provisions.

(2)Existing law, the California Retail Food Code (the code), establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law requires compact mobile food operations to meet specified health and safety standards. For purposes of the code, a 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. Existing law makes a violation of these provisions by an operator or employee of a compact mobile food operation or a sidewalk vendor punishable only by an administrative fine, as specified.

This bill would prohibit an enforcement agency, including any nonpublic entity working on the enforcement agencys behalf, as provided, from using enforcement agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for certain purposes, and from engaging in specified activities related to immigration enforcement, when enforcing certain provisions regulating compact mobile food operations. The bill, for specified contracts between a nonpublic entity and an enforcement agency entered into or modified on or after January 1, 2026, would require a nonpublic entity to explicitly agree to adhere to these provisions and would immediately terminate the contract if it is found that the nonpublic entity has violated these provisions.

This bill would also prohibit an enforcement agency from providing voluntary consent to any individual to access, review, or obtain certain records of the enforcement agency that include personally identifiable information of any sidewalk vendor or operator or employee of a compact mobile food operation in the jurisdiction without a subpoena or judicial warrant. The bill would further prohibit a local authority and its personnel from disclosing or providing in writing, verbally, or in any other manner personally identifiable information of any sidewalk vendor that is requested, except pursuant to a subpoena or a valid judicial warrant.

Existing law prohibits a food facility from being open for business without a valid permit and requires a permit to be issued by the enforcement agency when investigation has determined that the proposed facility and its methods of operation conform to code requirements.

This bill would require a permit application for a compact mobile food operation to comply with specified requirements. In this regard, the bill would require an enforcement agency to accept a California drivers license or identification number, an individual taxpayer identification, or a municipal identification number in lieu of a social security number. The bill would also prohibit an enforcement agency from, among other things, inquiring into the individuals immigration status, citizenship status, or criminal history, as prescribed. The bill would further require an enforcement agency that inquired into or collected information or documentation regarding an individuals 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, to destroy those records on or before March 1, 2026, unless those records are expressly required by law to be preserved. The bill would provide that specified personally identifiable information collected by an enforcement agency is exempt from disclosure under the California Public Records Act. The bill would make other related changes to these provisions. To the extent the bill would impose new requirements on local governmental agencies, it would create a state-mandated local program.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would make legislative findings to that effect.

This bill would prohibit a local authority, except as otherwise required by state or federal law, from providing voluntary consent to an immigration enforcement agent any individual to access, review, or obtain certain records of the local authority that include personally identifiable information of any sidewalk vendors in the jurisdiction without a subpoena or judicial warrant. The bill would also prohibit a local authority and its personnel from disclosing or providing in writing, verbally, or in any other manner personally identifiable information of any sidewalk vendor that is requested for purposes of immigration enforcement, requested, except pursuant to a subpoena or a valid judicial warrant. The bill would define personally identifiable information, for these purposes, to include an individuals name, business name, home address, business address, birthdate, telephone number, California drivers license or identification, and other related information. The bill would also define immigration enforcement for these purposes.

This bill would prohibit an agency or department of a local authority, including any nonpublic entity working on the local authoritys behalf, as provided, from using local authority moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for certain purposes, and from engaging in specified activities related to immigration enforcement activities enforcement, when enforcing certain provisions regulating sidewalk vendors. The bill, for specified contracts between a nonpublic entity and a local authority entered into or modified on or after January 1, 2026, would require a nonpublic entity to explicitly agree to adhere to these provisions and would immediately terminate the contract if it is found that the nonpublic entity has violated these provisions.

This bill would prohibit an enforcement agency, including any nonpublic entity working on the enforcement agencys behalf, as provided, from using enforcement agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for certain purposes, and from engaging in specified activities related to immigration enforcement activities enforcement, when enforcing certain provisions regulating compact mobile food operations. The bill, for specified contracts between a nonpublic entity and an enforcement agency entered into or modified on or after January 1, 2026, would require a nonpublic entity to explicitly agree to adhere to these provisions and would immediately terminate the contract if it is found that the nonpublic entity has violated these provisions.

This bill would also prohibit an enforcement agency from providing voluntary consent to an immigration enforcement agent any individual to access, review, or obtain certain records of the enforcement agency that include personally identifiable information of any sidewalk vendor or operator or employee of a compact mobile food operation in the jurisdiction without a subpoena or judicial warrant. The bill would further prohibit a local authority and its personnel from disclosing or providing in writing, verbally, or in any other manner personally identifiable information of any sidewalk vendor that is requested for purposes of immigration enforcement, requested, except pursuant to a subpoena or a valid judicial warrant.

This bill would make legislative findings to that effect.

This bill would prohibit a local authority, except as otherwise required by federal law, from providing voluntary consent to an immigration enforcement agent to access, review, or obtain any certain records of the local authoritys records authority that include personally identifiable information of any sidewalk vendors in the jurisdiction without a subpoena or judicial warrant. The bill would also prohibit a local authority and its personnel from disclosing or providing in writing, verbally, or in any other manner personally identifiable information of any sidewalk vendor that is requested for purposes of immigration enforcement, except pursuant to a valid judicial warrant. The bill would define personally identifiable information, for these purposes, to include an individuals name, business name, home and address, business address, birthdate, telephone number, California drivers license or identification, and other related information. The bill would also define immigration enforcement for these purposes.

This bill would also prohibit a local authority, in the above-described circumstances, from inquiring into or collecting information about an individuals immigration or citizenship status, place of birth, or individual criminal history, or requiring an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit or business license. The bill would require a local authority that inquired into or collected information or documentation regarding an individuals immigration or citizenship status, place of birth, birth or criminal history, required an applicant to submit fingerprints or complete a LiveScan fingerprinting, or performed a background check before January 1, 2026, to destroy those records on or before March 1, 2026. The 2026, unless those records are expressly required by law to be preserved. The bill would provide that specified information collected by a local authority is exempt from disclosure under the California Public Records Act.

This bill would prohibit an agency or department of a local authority authority, including any nonpublic entity working on the local authoritys behalf, as provided, from engaging in specified immigration enforcement activities when enforcing certain provisions regulating sidewalk vendors. The bill would additionally prohibit a local authority from delegating or assigning authority to, or contracting with, a nonpublic entity to enforce sidewalk vending rules, impound sidewalk vending equipment, or cite, fine, or prosecute a sidewalk vendor for a violation of sidewalk vending rules or regulations.

This bill would prohibit an enforcement agency agency, including any nonpublic entity working on the enforcement agencys behalf, as provided, from engaging in specified immigration enforcement activities when enforcing certain provisions regulating compact mobile food operations. The bill would additionally prohibit an enforcement agency from delegating or assigning authority to, or contracting with, a nonpublic entity to enforce the above provisions governing compact mobile food operations, impound compact mobile food operation equipment, or cite, fine, or prosecute an operator or employee of a compact mobile food operation for a violation of those provisions.

This bill would also prohibit an enforcement agency from providing voluntary consent to an immigration enforcement agent to access, review, or obtain any certain records of the enforcement agencys records agency that include personally identifiable information of any sidewalk vendor or operator or employee of a compact mobile food operation in the jurisdiction without a subpoena or judicial warrant. The bill would further prohibit a local authority and its personnel from disclosing or providing in writing, verbally, or in any other manner personally identifiable information of any sidewalk vendor that is requested for purposes of immigration enforcement, except pursuant to a valid judicial warrant.

This bill would require a permit application for a compact mobile food operation to comply with specified requirements. In this regard, the bill would require an enforcement agency to accept a California drivers license or identification number, an individual taxpayer identification, or a municipal identification number in lieu of a social security number. The bill would also prohibit an enforcement agency from, among other things, inquiring into the individuals immigration, immigration status, citizenship status, or criminal history, as prescribed. The bill would further require an enforcement agency that inquired into or collected information or documentation regarding an individuals immigration or citizenship status, place of birth, birth or criminal history, required an applicant to submit fingerprints or complete a LiveScan fingerprinting, or performed a background check before January 1, 2026, to destroy those records on or before March 1, 2026. 2026, unless those records are expressly required by law to be preserved. The bill would provide that specified information collected by an enforcement agency is exempt from disclosure under the California Public Records Act. The bill would make other related changes to these provisions. To the extent the bill would impose new requirements on local governmental agencies, it would create a state-mandated local program.

This bill would make legislative findings to that effect.

This bill would prohibit a local authority, except as otherwise required by federal law, from providing voluntary consent to an immigration enforcement agent to access, review, or obtain any of the local authoritys records that include personally identifiable information of any sidewalk vendors in the jurisdiction without a subpoena or judicial warrant. The bill would also prohibit a local authority and its personnel from disclosing or providing in writing, verbally, or in any other manner personally identifiable information of any sidewalk vendor that is requested for purposes of immigration enforcement, except pursuant to a valid judicial warrant. The bill would define personally identifiable information, for these purposes, to include an individuals name, business name, home and business address, birthdate, telephone number, California drivers license or identification, and other related information. The bill would also define immigration enforcement for these purposes.

This bill would also prohibit a local authority, in the above-described circumstances, from inquiring into or collecting information about an individuals immigration or citizenship status, place of birth, or individual criminal history, or requiring an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit or business license. The bill would require a local authority that inquired into or collected information or documentation regarding an individuals immigration or citizenship status, 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, to destroy those records on or before March 1, 2026. The bill would prohibit an agency or department of a local authority from engaging in specified immigration enforcement activities when enforcing certain provisions regulating sidewalk vendors. The bill would additionally prohibit a local authority from delegating or assigning authority to, or contracting with, a nonpublic entity to enforce sidewalk vending rules, impound sidewalk vending equipment, or cite, fine, or prosecute a sidewalk vendor for a violation of sidewalk vending rules or regulations.

This bill would prohibit an enforcement agency from engaging in specified immigration enforcement activities when enforcing certain provisions regulating compact mobile food operations. The bill would additionally prohibit an enforcement agency from delegating or assigning authority to, or contracting with, a nonpublic entity to enforce the above provisions governing compact mobile food operations, impound compact mobile food operation equipment, or cite, fine, or prosecute an operator or employee of a compact mobile food operation for a violation of those provisions.

This bill would also prohibit an enforcement agency from providing voluntary consent to an immigration enforcement agent to access, review, or obtain any of the enforcement agencys records that include personally identifiable information of any sidewalk vendor or operator or employee of a compact mobile food operation in the jurisdiction without a subpoena or judicial warrant. The bill would further prohibit a local authority and its personnel from disclosing or providing in writing, verbally, or in any other manner personally identifiable information of any sidewalk vendor that is requested for purposes of immigration enforcement, except pursuant to a valid judicial warrant.

This bill would require a permit application for a compact mobile food operation to comply with specified requirements. In this regard, the bill would require an enforcement agency to accept a California drivers license or identification number, an individual taxpayer identification, or a municipal identification number in lieu of a social security number. The bill would also prohibit an enforcement agency from, among other things, inquiring into the individuals immigration, citizenship status, or criminal history, as prescribed. The bill would further require an enforcement agency that inquired into or collected information or documentation regarding an individuals immigration or citizenship status, 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, to destroy those records on or before March 1, 2026. The bill would make other related changes to these provisions. To the extent the bill would impose new requirements on local government governmental agencies, it would create a state-mandated local program.

This bill would make legislative findings to that effect.

This bill would prohibit a local authority, except as otherwise required by federal law, from providing voluntary consent to an immigration enforcement agent to access, review, or obtain any of the local authoritys records that include personally identifiable information of any sidewalk vendors in the jurisdiction without a subpoena or judicial warrant. The bill would also prohibit a local authority and its personnel from disclosing or providing in writing, verbally, or in any other manner personally identifiable information of any sidewalk vendor that is requested for purposes of immigration enforcement, except pursuant to a valid judicial warrant. The bill would define personally identifiable information, for these purposes, to include an individuals name, business name, home and business address, birthdate, telephone number, California drivers license or identification, and other related information. The bill would also define immigration enforcement for these purposes.

This bill would also prohibit a local authority, in the above-described circumstances, from inquiring into or collecting information about an individuals immigration or citizenship status, place of birth, or individual criminal history, or requiring an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit or business license. The bill would require a local authority that inquired into or collected information or documentation regarding an individuals immigration or citizenship status, 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, to destroy those records on or before March 1, 2026. The bill would additionally prohibit a local authority from delegating or assigning authority to, or contracting with, a nonpublic entity to enforce sidewalk vending rules, impound sidewalk vending equipment, or cite, fine, or prosecute a sidewalk vendor for a violation of sidewalk vending rules or regulations.

(2)Existing law, the California Values Act, generally prohibits California law enforcement agencies from investigating, interrogating, detaining, detecting, or arresting persons for immigration enforcement purposes. Existing law provides certain limited exceptions to this prohibition, including transfers of persons pursuant to a judicial warrant and providing certain information to federal authorities regarding serious and violent felons in custody.This bill would provide that any agency or department of a local authority that regulates sidewalk vending or enforces sidewalk vending regulations shall be subject to the California Values Act.(3)

This bill would provide that an enforcement agency, when enforcing the above-described code or any regulation adopted pursuant to its provisions regulating an operator or employee of a compact mobile food operation, shall be subject to the California Values Act, as described above. The bill would prohibit an enforcement agency from delegating or assigning authority to, or contracting with, a nonpublic entity to enforce the above provisions governing compact mobile food operations, impound compact mobile food operation equipment, or cite, fine, or prosecute an operator or employee of a compact mobile food operation for a violation of those provisions.

This bill would require a permit application for a compact mobile food operation to comply with specified requirements. In this regard, the bill would require an enforcement agency to accept a California drivers license or identification number, an individual taxpayer identification, or a municipal identification number in lieu of a social security number. The bill would also prohibit an enforcement agency from, among other things, inquiring into the individuals immigration, citizenship status, or criminal history, as prescribed. The bill would further require an enforcement agency that inquired into or collected information or documentation regarding an individuals immigration or citizenship status, 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, to destroy those records on or before March 1, 2026. The bill would make other related changes to these provisions. To the extent the bill would impose new requirements on local government agencies, it would create a state-mandated local program.

This bill would make legislative findings to that effect.

This bill would also prohibit a local authority, in the above-described circumstances, from inquiring into or collecting information about an individuals immigration or citizenship status, place of birth, or individual criminal history, or requiring an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit or business license. The bill would require an enforcement agency a local authority that inquired into or collected information or documentation regarding an individuals immigration or citizenship status, 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, to destroy those records on or before March 1, 2026. The bill would additionally prohibit a local authority from delegating or assigning authority to, or contracting with, a nonpublic entity to enforce sidewalk vending rules, impound sidewalk vending equipment, or cite, fine, or prosecute a sidewalk vendor for a violation of sidewalk vending rules or regulations.

This bill would provide that any agency or department of a local authority that regulates sidewalk vending or enforces sidewalk vending regulations shall be subject to the California Values Act.

(3)Existing law, the California Retail Food Code (the code), establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law requires compact mobile food operations to meet specified health and safety standards. For purposes of the code, a 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. Existing law makes a violation of these provisions by an operator or employee of a compact mobile food operation or a sidewalk vendor punishable only by an administrative fine, as specified.

This bill would require a permit application for a compact mobile food operation to comply with specified requirements. In this regard, the bill would require an enforcement agency to accept a California drivers license or identification number, an individual taxpayer identification, or a municipal identification number in lieu of a social security number. The bill would also prohibit an enforcement agency from, among other things, inquiring into the individuals immigration, citizenship status, or criminal history, as prescribed. The bill would further require an enforcement agency that inquired into or collected information or documentation regarding an individuals immigration or citizenship status, 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, to destroy those records on or before March 1, 2026. The bill would make other related changes to these provisions. To the extent the bill would impose new requirements on local government agencies, it would create a state-mandated local program.

This bill would make legislative findings to that effect.

This bill would also prohibit a local authority, in the above-described circumstances, from inquiring into or collecting information about an individuals immigration or citizenship status, place of birth, or individual criminal history, or requiring an applicant to submit fingerprints or fingerprints, complete a LiveScan, LiveScan fingerprinting, or submit to a background check, check as part of an application for a permit or business license. The bill would require an enforcement agency that inquired into or collected information or documentation regarding an individuals criminal history, required an applicant to submit fingerprints or complete a LiveScan fingerprinting, or performed a background check before January 1, 2026, to destroy those records on or before March 1, 2026. The bill would additionally prohibit a local authority from delegating or assigning authority to, or contracting with, a nonpublic entity to enforce sidewalk vending rules, impound sidewalk vending equipment, or cite, fine, or prosecute a sidewalk vendor for a violation of sidewalk vending rules or regulations.

This bill would provide that any agency or department of a local authority that regulates sidewalk vending or enforces sidewalk vending regulations shall be considered a California law enforcement agency for purposes of subject to the California Values Act.

This bill would provide that an enforcement agency, when enforcing the above-described code or any regulation adopted pursuant to its provisions regulating an operator or employee of a compact mobile food operation, shall be considered a California law enforcement agency for purposes of subject to the California Values Act, as described above. The bill would prohibit an enforcement agency from delegating or assigning authority to, or contracting with, a nonpublic entity to enforce the above provisions governing compact mobile food operations, impound compact mobile food operation equipment, or cite, fine, or prosecute an operator or employee of a compact mobile food operation for a violation of those provisions.

This bill would require a permit application for a compact mobile food operation to comply with specified requirements. In this regard, the bill would require an enforcement agency to accept a California drivers license or identification number, an individual taxpayer identification, or a municipal identification number in lieu of a social security number. The bill would also prohibit an enforcement agency from, among other things, inquiring into the individuals immigration, citizenship status, or criminal history, as prescribed. The bill would further require an enforcement agency that inquired into or collected information or documentation regarding an individuals criminal history, required an applicant to submit fingerprints or complete a LiveScan fingerprinting, or performed a background check before January 1, 2026, to destroy those records on or before March 1, 2026. The bill would make other related changes to these provisions. To the extent the bill would impose new requirements on local government agencies, it would create a state-mandated local program.

This bill would make legislative findings to that effect.

Version:

The people of the State of California do enact as follows:SECTION 1.

This act shall be known, and may be cited, as the Street Vendor Business Protection Act.

SEC. 2.

(a)The Legislature finds and declares all of the following:

(1)Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities.

(2)Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise.

(3)Sidewalk vending contributes to a safe and dynamic public space.

(4)The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.

(5)A relationship of trust between Californias immigrant community and local agencies is central to the public safety of the people of California.

(6)The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.

(7)The safety and welfare of the general public is promoted by encouraging sidewalk vendors to formalize their business and obtain permits without fear that the permitting process will expose them to immigration enforcement and possible deportation.

(8)Immigrant sidewalk vendors and their families are facing increased threats of detention and deportation.

(9)Immigrant sidewalk vendors are especially vulnerable to the risk of detention and deportation due to their visibility in public.

(10)Many local sidewalk vending permitting programs collect and store sensitive information about vendors, which may disclose citizenship or immigration status and could be used to target sidewalk vendors for enforcement and deportation if the information is shared with federal immigration enforcement agencies.

(11)This act applies to any city, county, or city and county, including a charter city. The threat of targeted immigration enforcement against small business entrepreneurs, and the impact on the statewide economy if immigrant entrepreneurs are targeted for enforcement are matters of statewide concern. Further, unnecessary barriers have been erected that intimidate or otherwise prevent aspiring entrepreneurs from accessing the formal economy, harming Californias economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in ensuring all people can build a business, pay taxes, and contribute to the economy regardless of immigration status.

(b)Therefore, it is the intent of the Legislature to do all of the following:

(1)Promote entrepreneurship and support immigrant and low-income communities.

(2)Advance microentrepreneurs economic security, privacy, and stability by limiting the sensitive data that can be collected.

(3)Prevent the disclosure of sensitive information that may lead to family separation, community disruption, and life threats.

SEC. 3.Section 51036 of the Government Code is amended to read:51036.

For purposes of this chapter, the following definitions apply:

(a)Sidewalk vendor means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from ones person, upon a public sidewalk or other pedestrian path.

(b)Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

(c)Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.

(d)Local authority means a chartered or general law city, county, or city and county.

(e)Personally identifiable information means an individuals name, business name, home address, business address, birthdate, telephone number, business location, California drivers license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, sellers permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual.

(f)Immigration enforcement means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal criminal immigration law that penalizes a persons presence in, entry or reentry to, or employment in, the United States.

SEC. 4.Section 51038 of the Government Code is amended to read:51038.

(a)A local authority may adopt a program to regulate sidewalk vendors in compliance with this section.

(b)A local authoritys sidewalk vending program shall comply with all of the following standards:

(1)A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns.

(2)(A)A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

(B)Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:

(i)Directly related to objective health, safety, or welfare concerns.

(ii)Necessary to ensure the publics use and enjoyment of natural resources and recreational opportunities.

(iii)Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.

(3)A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before they can sell food or merchandise.

(4)(A)A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns.

(B)Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors.

(5)A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, unless the restriction is directly related to objective health, safety, or welfare concerns.

(6)Except as otherwise required by state or federal law, a local authority shall not provide voluntary consent to any individual to access, review, or obtain any of the local authoritys records obtained pursuant to this chapter that include personally identifiable information of any sidewalk vendors in the jurisdiction without a subpoena or judicial warrant. This paragraph does not prohibit a local authority from challenging the validity of a subpoena or judicial warrant in a federal district court.

(7)A local authority and its personnel shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any sidewalk vendor obtained pursuant to this chapter that is requested, except pursuant to a subpoena or a valid judicial warrant.

(c)(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 drivers 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 individuals immigration or citizenship status or place of birth.

(iii)(I)The local authority shall not inquire into or collect information or documentation regarding an individuals 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 individuals 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 sellers 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 sellers 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.

(2)Any personally identifiable information collected by a local authority pursuant to this subdivision shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(d)Notwithstanding subdivision (b), a local authority may do both of the following:

(1)Prohibit sidewalk vendors in areas located within the immediate vicinity of 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.

(2)Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authoritys 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 local authority 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.

(e)For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.

SEC. 5.Section 51039 of the Government Code is amended to read:51039.

(a)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038 is punishable only by the following:

(A)An administrative fine not exceeding one hundred dollars ($100) for a first violation.

(B)An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.

(C)An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.

(2)A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

(3)(A)If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):

(i)An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

(ii)An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.

(iii)An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.

(B)Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively.

(b)The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.

(c)Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.

(d)(1)A violation of a local authoritys sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law.

(2)Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed.

(e)A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) of Section 51038.

(f)(1)When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the persons ability to pay the fine. The local authority shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The 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 comprehensive collection program.

(2)If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a).

(3)The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

(g)(1)A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in their case.

(2)Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.

(3)Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).

(4)If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.

(5)Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.

(6)Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.

(h)(1)When enforcing any provision of, or regulation adopted pursuant to, this part regulating a sidewalk vendor, an agency or department of a local authority shall not do any of the following:

(A)Use local authority moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this chapter.

(B)Inquire into an individuals immigration status.

(C)Place local authority personnel under the supervision of an agency conducting immigration enforcement, or employ local authority personnel deputized under the authority of an agency conducting immigration enforcement.

(D)Use an officer or employee of an agency conducting immigration enforcement as an interpreter for local authority matters, or use local authorities as interpreters for officers or employees of an agency conducting immigration enforcement.

(2)For purposes of this subdivision, agency or department of a local authority includes any nonpublic entity that a local authority has delegated or assigned authority to, or has entered into a contract with, for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter.

(3)A contract between a nonpublic entity and a local authority for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter entered into or modified on or after January 1, 2026, shall require the nonpublic entity to explicitly agree to adhere to the requirements of this subdivision, and shall be immediately terminated if it is found that the nonpublic entity has violated this subdivision.

(i)When enforcing any provision of, or regulation adopted pursuant to, this part regulating a sidewalk vendor, an agency or department of a local authority that has been authorized to make arrests pursuant to Section 836.5 of the Penal Code shall not use local authority moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this chapter.

(j)This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.

SEC. 6.Section 114368.8 of the Health and Safety Code is amended to read:114368.8.

(a)Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine.

(b)A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.

(c)Except as provided in subdivision (d), each offense by an operator or employee of a compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following:

(1)A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part.

(2)An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation.

(3)An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation.

(4)An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.

(d)If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024.

(e)(1)When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the persons ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The 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 comprehensive collection program.

(2)If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.

(3)The enforcement agency may waive the administrative fine or may offer an alternative disposition.

(A)Use enforcement agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this part.

(B)Inquire into an individuals immigration status.

(C)Place enforcement agency personnel under the supervision of an agency conducting immigration enforcement or employ enforcement agency personnel deputized under the authority of an agency conducting immigration enforcement.

(D)Use an officer or employee of an agency conducting immigration enforcement as an interpreter for enforcement agency matters, or use enforcement agency personnel as interpreters for officers or employees of an agency conducting immigration enforcement.

(2)For purposes of this subdivision, enforcement agency includes any nonpublic entity that an enforcement agency has delegated or assigned authority to, or has entered into a contract with, for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this part.

(3)A contract between a nonpublic entity and an enforcement agency for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter entered into or modified on or after January 1, 2026, shall require the nonpublic entity to explicitly agree to adhere to the requirements of this subdivision, and shall be immediately terminated if it is found that the nonpublic entity has violated this subdivision.

(g)When enforcing any provision of, or regulation adopted pursuant to, this part regulating an operator or employee of a compact mobile food operation, an enforcement agency that has been authorized to make arrests pursuant to Section 836.5 of the Penal Code shall not use enforcement agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this part.

(h)This section does not prohibit or restrict any enforcement agency or governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.

(i)For purposes of this section, immigration enforcement means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal criminal immigration law that penalizes a persons presence in, entry or reentry to, or employment in, the United States.

SEC. 7.Section 114381 of the Health and Safety Code is amended to read:114381.

(a)A food facility shall not be open for business without a valid permit.

(b)A permit shall be issued by the enforcement agency when investigation has determined that the proposed facility and its method of operation meet the specifications of the approved plans or conform to the requirements of this part.

(c)A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity and, unless suspended or revoked for cause, for the time period indicated.

(d)Any fee for the permit or registration or related services, including, but not limited to, the expenses of inspecting and impounding any utensil suspected of releasing lead or cadmium in violation of Section 108860 as authorized by Section 114393, review of HACCP plans, and alternative means of compliance shall be determined by the local governing body. Fees shall be sufficient to cover the actual expenses of administering and enforcing this part. The moneys collected as fees shall only be expended for the purpose of administering and enforcing this part.

(e)A permit shall be posted in a conspicuous place in the food facility or in the office of a vending machine business.

(f)Any person requesting the enforcement agency to undertake activity pursuant to Sections 114149.1 and 114419.3 shall pay the enforcement agencys costs incurred in undertaking the activity. The enforcement agencys services shall be assessed at the current hourly cost recovery rate.

(g)(1)Except as otherwise required by state or federal law, an enforcement agency shall not provide voluntary consent to any individual to access, review, or obtain any of the enforcement agencys records obtained pursuant to this part that include personally identifiable information of any sidewalk vendor or any operator or employee of a compact mobile food operation in the jurisdiction without a subpoena or judicial warrant. This section does not prohibit an enforcement agency from challenging the validity of a subpoena or judicial warrant in a federal district court.

(2)An enforcement agency and its personnel shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any sidewalk vendor or any operator or employee of a compact mobile food operation obtained pursuant to this part that is requested, except pursuant to a subpoena or a valid judicial warrant.

(h)For purposes of this section, personally identifiable information means an individuals name, business name, home address, business address, birthdate, telephone number, business location, California drivers license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, sellers permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual.

SEC. 8.Section 114381.3 is added to the Health and Safety Code, to read:114381.3.

(a)A permit application for a compact mobile food operation shall comply with all of the following requirements:

(1)An enforcement agency shall accept a California drivers license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the enforcement agency otherwise requires a social security number for a permit, 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.

(2)The enforcement agency shall not inquire into or collect information about an individuals immigration or citizenship status or place of birth.

(3)(A)The enforcement agency shall not inquire into or collect information or documentation regarding an individuals 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.

(B)Notwithstanding any other law, including Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, an enforcement agency that inquired into or collected information or documentation regarding an individuals 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.

(b)Any personally identifiable information collected by an enforcement agency pursuant to this section shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(c)For purposes of this section, personally identifiable information means an individuals name, business name, home address, business address, birthdate, telephone number, business location, California drivers license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, sellers permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual.

SEC. 9.

The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 10.

The Legislature finds and declares that Section 4 of this act, which amends Section 51038 of the Government Code, and Section 8 of this act, which adds Section 114381.3 to the Health and Safety Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

This act balances the right of the public to access relevant information about local sidewalk vending programs while protecting the privacy of California residents and increasing the trust between Californias immigrant community and local agencies by preventing the disclosure of sensitive personal information that could lead to detention, deportation, family separation, arrest, intimidation, or harassment of sidewalk vendors.

SEC. 11.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.