REPORT TO CITY COUNCIL
SUBJECT
Title
Approve Introduction of an Ordinance Amending Article IV (“Stadium Pilot Program”) of Chapter 5.05 (“Solicitors and Peddlers”) of the City Code to Make the Stadium Pilot Program Permanent
Report
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
Enhance Community Engagement and Transparency
BACKGROUND
Senate Bill 946 (SB 946) became effective January 1, 2019, and prohibits California cities and counties from banning sidewalk vendors from operating on public sidewalks or other pedestrian pathways and prohibits cities from regulating sidewalk vendors unless cities establish a permitting system that is consistent with the provisions of SB 946. SB 946 also requires that any restrictions placed on sidewalk vendors be directly related to objective health, safety or welfare concerns. Local jurisdictions that wish to regulate sidewalk vending are required to first adopt a program with regulations consistent with SB 946. Soon after the effective date of this State law, the Covid-19 pandemic essentially halted such vending activity.
With the post-pandemic return of in-person events at Levi’s Stadium in Fall 2021, there was a noticeable presence of unpermitted food and merchandise vendors within the immediate footprint of the stadium. The number of unpermitted food and merchandise vendors increased dramatically over 2022 within the stadium footprint on event days causing a myriad of risks to the vendors, their customers, disabled and other pedestrians, emergency responders, vehicular traffic, as well as pedi-cab traffic. Additionally, unsafe food preparation, storage and handling practices, inadequate waste disposal, use of propane tanks without security measures and hot greasy cook tops without safety clearances and devices can lead to unsafe and unsanitary conditions.
As written at the time, the City Code did not align with SB 946. Consequently, the City’s ability to address these health and safety concerns was constrained.
The City Council was provided with an overview of Senate Bills 946 and 972, available options to regulate the health and safety concerns associated with street vending on sidewalks and public right-of-way as well as policy options specific to the stadium footprint for consideration.
The City Council approved the introduction of an Ordinance amending Chapter 5.05 (Solicitors and Peddlers) and Section 9.05.165 (Activities and Conduct Prohibited in Parking Facilities Adjacent to the Stadium or Parking Facilities Used for Stadium Events) of the Santa Clara City Code to create a limited-term pilot project regulating vending on certain public sidewalks and pedestrian paths surrounding Levi’s Stadium on event days (“Pilot Program”). In addition, the City Council waived fees and taxes for all required City business licenses and permits, for qualified sidewalk vendors operating at stadium events during the pilot program period on a first come first served basis in an amount not to exceed $30,000. The Pilot Program was effective on September 21, 2023, and was considered repealed as of the sunset date of January 31, 2024.
The Police Department created educational flyers in English and Spanish to distribute to sidewalk vendors. An initial educational effort occurred at three events (August 25, 49ers vs Chargers; August 30, Beyonce concert; September 16, Ed Sheeran concert) prior to the Ordinance effective date of September 21, 2023. Police Department staff also attended a regional educational meeting to further assist vendors seeking to comply with the local Ordinance and other regulations. In addition, a process was developed between the Police and Finance Departments to capture the applications and associated fee waivers granted.
Given the review of the Pilot Program, the Council approved the readoption of an Ordinance with slight modifications to sunset at the end of February 2025, to allow for continued education, observation, and analysis. Having diligently observed, analyzed, and enforced vending within the confines of the Pilot Program, the Police Department requests to make permanent the enforcement of sidewalk vending around the Stadium area, with slight modification.
DISCUSSION
Over the past two years, the Police Department has conducted education and enforcement, as well as partnered with County of Santa Clara Department of Environmental Health (County) and California Alcoholic Beverage Control (ABC) agents as subject matter experts to be present on event days to curb illegal alcohol sales and consumption and assist with food health and safety compliance from vendors. While assistance from ABC and County staff has been beneficial, staffing resources from these outside agencies are not guaranteed and limited based on availability. Similarly, there have been select events where the Police Department’s resources have limited the number of personnel dedicated to education and vendor enforcement from start to finish for each event; in these cases, enforcement may be implemented for a limited timeframe ahead of an event, or not at all.
Since implementation of the Pilot Program in September 2023, there have been 29 major events at Levi’s Stadium. Staff has distributed multi-lingual (Spanish and English) educational flyers to vendors and identified “supply vans” so early intervention and education could take place before the vendors established fixed positions. Despite these efforts, staff have administered compliance admonishments, issued administrative citations to unpermitted vendors and made arrests over the pilot program for violations of the Ordinance. Subsequently, 6 merchandise vendors have successfully met the requirements necessary to secure business licenses and corresponding permits, one of which has been revoked for selling alcohol on two occasions. None of the ten food vendors that applied for the required food permits during the Pilot Program met the requirements.
While the program experienced significant successes primarily related to ensuring that public sidewalks and roadways were free of vendors, and that pedestrians had clear pathways for ingress and egress, the volume of new individuals attempting to set-up to sell food/merchandise at each event, combined with the lack of business licenses and permits requires constant education and enforcement related to the Ordinance. Without regular attention and action, the health, safety and welfare concerns previously addressed with Council (e.g., inadequate waste disposal, propane and hot cook top dangers, alcohol sold without ABC permits and/or to underage individuals, unsafe food preparation and storage, etc.) would continue and, likely, escalate.
The staff recommendation is to approve an amended Ordinance as follows:
1) Remove the sunset date to make the Ordinance permanent (subject to modification by amendment)
2) Modify City Code Section 5.05.430 Time, Place or Manner restrictions as follows:
a. a. Add (b) (8) “East bound Old Glory Lane (from Old Ironsides Drive to Great America Parkway)” to the defined Stadium Area
b. Add (c) to read, “No sidewalk vendor shall exceed an operational space of 10’ by 10’. All food, merchandise, equipment, and other accessories related to sidewalk vending must fit within the defined operational space.”
The 10’x10’ size limitation articulated in the proposed new subsection (c) to Section 5.05.430 is intended to address the concerns related to maintaining clear pathways for pedestrians, disabled persons, and emergency responders.
The Police Department will continue to foster long-term partnerships with ABC and County of Santa Clara Environmental Health Department to lead the alcohol and food sales related health, safety and welfare efforts.
It should be noted, staff does not recommend continuing to waive fees and taxes for all required City business licenses and permits for qualified sidewalk vendors.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There will continue to be Police Department and Finance Department staff time associated with responding to inquiries and processing new permit requirements for sidewalk vendors, however the most significant impact will be conducting enforcement on Levi’s Stadium event days. On average, there have been 18 major events per year at Levi’s Stadium since it opened in August 2014.
The excitement around the pending Super Bowl (one football game, February 2026) and FIFA World Cup (six soccer matches between June 13 - July 1, 2026) may create a need for sidewalk vendor enforcement during an extended period of time surrounding the actual event day. As a result, the 2026 staff expenses related to sidewalk vending enforcement around the Stadium are expected to be above average.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Waive first reading and approve introduction of an Ordinance amending Article IV (“Stadium Pilot Program”) of Chapter 5.05 (“Solicitors and Peddlers”) of the Santa Clara City Code to make the Pilot Program permanent as the “Stadium Area Sidewalk Vending” Ordinance
Staff
Reviewed by: Cory Morgan, Chief of Police
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. RTC 24-1588 from the March 19, 2024 City Council meeting
2. Proposed Ordinance
3. Sidewalk Vendor Enforcement Area