Bill Text: CA SB1290 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sidewalk vendors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1290 Detail]
Download: California-2021-SB1290-Amended.html
NOYES
Local Program:
NO
has no more than the amount in gross annual sales that is specified in this subdivision, is operated by a cottage food operator, operator, and has no more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers
pursuant to this part. A “Class A” cottage food operation shall not have more than seventy-five thousand dollars ($75,000) in verifiable gross annual sales. A “Class B” cottage food operation shall not have
more than one hundred fifty thousand dollars ($150,000) in verifiable gross annual sales. The gross annual sales for a “Class A” or “Class B” cottage food operation shall be annually adjusted for inflation based on the California Consumer Price Index. A cottage food operation includes both of the following: 80 100 pounds (36kg) (46 kg) in weight.
weight or is otherwise designed to be mobile or separately mobile. No A certified person at a food facility may
shall not serve at any other food facility as the person required to be certified pursuant to this subdivision. The certified owner or employee need not be present at the food facility during all hours of operation.113947.6. subdivisions (b) and (c), subdivision (b), a mobile food facility where nonprepackaged food is cooked, blended, or otherwise prepared shall provide a warewashing sink with at least three compartments with two integral metal drainboards. or as otherwise approved by the enforcement agency, and, if the mobile food facility has multiple employees or operators, may remain operable by a single employee or operator so that employees may alternate use of a restroom, to ensure that restroom facilities are available to facility employees whenever the mobile food facility is stopped to
conduct business for more than a one-hour period.
An enforcement agency may waive this requirement for a mobile food facility if it finds that the operations of the mobile food facility provide for adequate access to restroom facilities in an alternative manner.114379.50. 114395. SECTION 1. Section 51039 of the Government Code is amended to read: 51039.
Bill Title: Sidewalk vendors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1290 Detail]
Download: California-2021-SB1290-Amended.html
|
Amended
IN
Senate
March 16, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1290
| Introduced by Senator Allen |
February 18, 2022 |
An act to amend Section 51039 of the Government Code, relating to local government. Sections 51038 and 51039 of the Government Code, and to amend Sections 113758, 113818, 113825, 113831, 113868, 113947.1, 114069, 114094, 114094.5, 114130, 114217, 114276, 114295, 114297, 114313, 114314, 114315, 114380, and 114381 of, to add Sections 113814.1 and 114289.1 to, to repeal Sections 113947.6 and 114379.50 of, and to repeal and add Section 114395 of, the Health and Safety Code, relating to food and merchandise sales.
LEGISLATIVE COUNSEL'S DIGEST
SB 1290, as amended, Allen.
Sidewalk vendors. California Retail Food Code.
Existing
(1) Existing law prohibits a local authority, as defined, from regulating sidewalk vendors, except in accordance with specified provisions. Existing law establishes that a violation of a local authority’s sidewalk vending program is punishable only by an administrative fine, subject to an ability-to-pay determination, and recision of a permit issued to a sidewalk vendor for the term of that permit upon the 4th violation or subsequent violations, as specified.
This bill would make nonsubstantive changes to those provisions relating to violation of a local authority’s sidewalk vending program.
This bill would authorize a local authority to impose additional regulations on sidewalk vendors, including prohibiting improper discharge of fats, oils, and grease into sewer, water, and storm systems or within other areas of the environment and prohibiting conditions that create a fire or environmental hazard. The bill would authorize an enforcing agency that is issuing an administrative fine to temporarily impound the cart and equipment of a sidewalk vendor who refuses to accept the citation or notification of fine or refuses to show identification until the sidewalk vendors accepts the citation or notification and shows identification.
(2) Existing law, the California Retail Food 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, for purposes of the code, defines a “cottage food operation” as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than 1 full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged.
This bill would remove the gross annual sales limitation in the definition of “cottage food operation.” The bill would also make various other changes to the cottage food operation requirements, including authorizing the sale of the cottage food product at a mobile food facility owned by the cottage food operator.
(3) The California Retail Food Code defines “limited food preparation” as food preparation that is restricted to specified activities, including dispensing or portioning of nonpotentially hazardous food, slicing and chopping of food on a heated cooking
surface during the cooking process, and holding, portioning, and dispensing foods that are prepared at a satellite food service or catering operation.
This bill would include in the definition of “limited food preparation” dispensing and portioning for immediate service to a customer a food that has been temperature controlled until immediately prior to portioning or dispensing, slicing and chopping of nonpotentially hazardous food that has been washed at an approved facility, hot and cold holding of food previously prepared at an approved facility, and reheating of food previously prepared at an approved food facility and stored at the approved temperatures.
(4) The California Retail Food Code defines “mobile food facility” and regulates what types of food may be provided at a mobile food facility. The code requires mobile food facilities to meet specified health and safety standards, including access
to warewashing sinks, restrooms, and handwashing facilities and required quantities of potable water.
This bill would create the category of “compact mobile food facility,” a subtype of mobile food facility, and would define it as a nonpermanent food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. The bill would exempt a mobile food facility that sells only prepackaged, nonpotentially hazardous foods or whole raw fruits or vegetables from the California Retail Food Code. The bill would authorize the department to exempt mobile food facilities from specified provisions of the code, including potable water and restroom requirements, if the department determines that the mobile food facility has access to sufficient facilities for those purposes in another manner, as specified. The bill would exempt a compact mobile food facility from certain additional provisions
of the code, including a requirement to have an owner or employee who has passed an accredited and approved food safety certification examination. The bill would authorize the department to pre-approve a standard plan for a standardized or mass-produced facility intended to serve as a mobile food facility and would authorize a mobile food facility to use that standardized or mass-produced facility without submitting plans for the individual unit.
The code requires a food facility to have a valid permit to be open for business and authorizes the local enforcement agency to charge a fee for the permit or registration or related services.
This bill would authorize the local enforcement agency to reduce the fee for the permit, registration, or related service for an applicant seeking approval of a compact mobile food facility.
(5) Existing law provides for the
regulation of microenterprise home kitchen operations and limits those operations to not serving more than 30 individual meals per day and not more than 60 individual meals per week and to no more than $50,000 in verifiable gross annual sales, as adjusted for inflation.
This bill would remove the meal and gross annual sales limitations on microenterprise home kitchen operations and would authorize those operations to sell directly to consumers from a mobile food facility.
(6) Under existing law, violation of the California Retail Food Code is a misdemeanor, unless otherwise specified.
This bill would remove all criminal penalties for a violation of the code and would, instead, authorize the imposition of administrative fines for violations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
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 authority’s 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 public’s 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
a nongovernmental entity or individual before he or she 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.
(c) 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:
(1) 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.
(2) Requirements to maintain sanitary conditions.
(3) Requirements prohibiting any of the following:
(A) The improper discharge of fats, oils, and grease into sewer, water, and storm systems or within other areas of the environment, including sensitive habitat and city infrastructure.
(B) The pollution of protected habitat caused by the abandonment of restricted materials, including, but not limited to, plastic and Styrofoam, known to cause detrimental impact on ocean life.
(C) Conditions that create a fire or environmental hazard.
(D) Conditions that render air, food, or drink unwholesome, unsanitary, or detrimental to health.
(E) Conditions that are current or imminent safety
hazards that pose an immediate danger to life, property, health, or public safety.
(3)
(4) Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(4)
(5) 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 accepts a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.
(5)
(6) Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit.
(6)
(7) Requiring additional licenses from other state or local agencies to the extent required by law.
(7)
(8) Requiring compliance with other generally applicable laws.
(8)
(9) Requiring a sidewalk vendor to submit information on his or her their operations, including, but not limited to, any of the following:
(A) The name and current mailing address of the sidewalk vendor.
(B) A description of the merchandise offered for sale or exchange.
(C) A certification by the vendor that to his or her
the vendor’s knowledge and belief, the information contained on the form is true.
(D) The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
(E) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(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 authority’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 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. 2.
Section 51039 of the Government Code is amended to read:51039.
(a) (1) A violation of a local authority’s 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) If an administrative fine is issued pursuant to this section and the sidewalk vendor refuses to accept the citation or notification of fine or refuses to show identification, the enforcing agency may temporarily impound the cart and equipment until the sidewalk vendor provides identification and accepts the citation or notification of fine.
(c)
(d) 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)
(e) (1) A violation of a local authority’s 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)
(f) 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) Section 51038.
(f)
(g) (1) When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of his or her the 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)
(h) (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 his or her the 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 This subdivision or related provisions is intended to do not diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.
SEC. 3.
Section 113758 of the Health and Safety Code is amended to read:113758.
(a) “Cottage food operation” means an enterprise that(1) A “Class A” cottage food operation, which is a cottage food operation that may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues described in paragraph (4) of subdivision (b).
(2) A “Class B” cottage food operation, which is a cottage food operation that may engage in both direct sales and indirect sales of cottage food products from the cottage food operation, from direct sales venues described in paragraph (4) of subdivision (b), from offsite events, or from a third-party retail food facility
described in paragraph (5) of subdivision (b).
(b) For purposes of this section, the following definitions shall apply:
(1) “Cottage food employee” means an individual, paid or volunteer, who is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator, nor an individual who delivers a cottage food product.
(2) “Cottage food operator” means an individual who operates a cottage food operation in their private home and is the owner of the cottage food operation.
(3) “Cottage food products” means nonpotentially hazardous foods, including foods that are described in Section 114365.5 and
114365.5,
that are prepared for sale in the kitchen of a cottage food operation.
(4) “Direct sale” means a transaction within the state between a cottage food operation and a consumer, in which the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers’ markets, or through community-supported agriculture subscriptions, transactions at a mobile food facility operated by a cottage food operator, transactions occurring in person in the cottage food operation, and transactions made via the phone, internet, or any other digital method. A direct sale may be fulfilled in person, via mail delivery, or using any other
third-party delivery service.
(5) “Indirect sale” means a transaction within the state between a cottage food operation, a third-party retailer, and a consumer, in which the consumer purchases cottage food products made by the cottage food operation from a third-party retailer that holds a valid permit issued pursuant to Section 114381. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises. An indirect sale may be fulfilled in person, via mail delivery, or using any other third-party delivery service.
(6) “Private home” means a dwelling, including an apartment or other leased space, where individuals reside.
(7) “Registered or permitted area” means the portion of a private home that contains the private home’s
kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage.
SEC. 4.
Section 113814.1 is added to the Health and Safety Code, to read:113814.1.
“Integral” means equipment that is either permanently attached to the primary unit or equipment that is securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.SEC. 5.
Section 113818 of the Health and Safety Code is amended to read:113818.
(a) “Limited food preparation” means food preparation that is restricted to one or more of the following:(1) Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2) Dispensing and portioning of nonpotentially hazardous food. food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing.
(3) Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4) Holding, portioning, and dispensing of any foods that are prepared by a catering operation.
(5) Slicing and chopping of nonpotentially hazardous food that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process.
(6) Cooking and seasoning to order.
(7) Juicing or preparing beverages that are for immediate service, in response to an
individual consumer order, that do not contain frozen milk products.
(8) Hot and cold holding of food that was previously prepared at an approved food facility.
(9) Reheating of food if it was previously prepared at an approved food facility and stored at temperatures required by this chapter.
(b) “Limited food preparation” does not include any of the following:
(1) Slicing and chopping
potentially hazardous food unless it is on the heated cooking surface.
(2) Thawing.
(3) Cooling of cooked, potentially hazardous food.
(4) Grinding raw ingredients or potentially hazardous food.
(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)
(5) Washing of foods.
(8)
(6) Cooking of potentially hazardous foods for later use.
(9)
(7) Handling, manufacturing, freezing, processing, or packaging of milk, milk
products, or products resembling milk products subject to licensing under Division 15 (commencing with Section 32501) of the Food and Agricultural Code.
SEC. 6.
Section 113825 of the Health and Safety Code is amended to read:113825.
(a) “Microenterprise home kitchen operation” means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers, and that meets all of the following requirements:(1) The operation has no more than one full-time equivalent food employee, not including a family member or household member.
(2) Food is prepared, cooked, and served on the same day.
(3) Food is consumed onsite at the microenterprise home kitchen operation or offsite if the food is picked up by the consumer
consumer, served from a mobile food facility,
or delivered within a safe time period based on holding equipment capacity.
(4) Food preparation does not involve processes that require a HACCP plan, as specified in Section 114419, or the production, service, or sale of raw milk or raw milk products, as defined in Section 11380 of Title 17 of the California Code of Regulations.
(5) The service and sale of raw oysters is prohibited.
(6) The production, manufacturing, processing, freezing, or packaging of milk or milk products, including, but not limited to, cheese, ice cream, yogurt, sour cream, and butter, is prohibited.
(7)Food preparation is limited to no more than 30 individual meals per day, or the approximate equivalent of meal components when sold separately, and no more than 60 individual meals, or the approximate equivalent of meal components when sold separately, per
week. The local enforcement agency may decrease the limit of the number of individual meals prepared based on food preparation capacity of the operation, but shall not, in any case, increase the limit of the number of individual meals prepared.
(8)The operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index.
(9)
(7) The operation only sells food directly to consumers and not to any
a wholesaler or retailer. For purposes of this paragraph, the sale of food prepared in a microenterprise home kitchen operation through the internet website or mobile application of an Internet internet food service intermediary, as defined in Section 114367.6, or directly from a mobile food facility operated by the microenterprise home kitchen operation permitholder is a direct sale to consumers. An operation that sells food through the internet website or mobile application of an Internet
internet food service intermediary shall consent to the disclosures specified in paragraphs (6) and (7) of subdivision (a) of Section 114367.6.
(b) “Microenterprise home kitchen operation” does not include either of the following:
(1) A catering operation.
(2) A cottage food operation, as defined in Section 113758.
(c) For purposes of this section, “resident of a private home” means an individual who resides in the private home when not elsewhere for labor or other special or temporary purpose.
SEC. 7.
Section 113831 of the Health and Safety Code is amended to read:113831.
(a) “Compact mobile food facility” means a nonpermanent food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.(a)
(b) “Mobile food facility” means any
a vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” includes a compact mobile food facility. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.
(b)
(c) “Single operating site mobile food facilities” means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to
each other at a single location.
SEC. 8.
Section 113868 of the Health and Safety Code is amended to read:113868.
“Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceedSEC. 9.
Section 113947.1 of the Health and Safety Code is amended to read:113947.1.
(a) Food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities and compact mobile food facilities, shall have an owner or employee who has successfully passed an approved and accredited food safety certification examination as specified in Sections 113947.2 and 113947.3. There shall be at least one food safety certified owner or employee at each food facility.(b) Food facilities that are not subject to the requirements of subdivision (a) that prepare, handle, or serve nonprepackaged, nonpotentially hazardous foods, except temporary food facilities and compact mobile food facilities, shall do one of the following:
(1) Have an owner or employee who has successfully passed an approved and accredited food safety certification examination as specified in Sections 113947.2 and 113947.3.
(2) Demonstrate to the
enforcement officer that the employees have an adequate knowledge of food safety principles as they relate to the specific operation involved in their assigned duties.
(c) On and after July 1, 2007, temporary Temporary food facilities
and compact mobile food facilities that prepare, handle, or serve nonprepackaged food shall have an owner or person in charge who can demonstrate to the enforcement officer that he or she has they have an adequate knowledge of food safety principles as they relate to the specific food facility operation. For the purposes of this subdivision, a compact mobile food facility that carries, or will carry, a written copy of its standard operating procedures approved by an enforcement agency is deemed to have adequate knowledge of food safety principles as they relate to the specific food facility operation.
(d) (1) For the purposes of this section, multiple contiguous food facilities permitted within the same site and under the same management, ownership, or control shall be deemed to be one food facility, notwithstanding the fact that the food facilities may operate under separate permits.
(2) This subdivision shall not apply to the premises of a licensed winegrower or brandy manufacturer utilized for wine tastings conducted pursuant to Section 23356.1 of the Business and Professions Code of wine or brandy produced or bottled by, or produced and prepackaged for, that licensee when use is limited to wine tasting.
(e) A food facility that commences operation, changes ownership, or no longer has a certified owner or employee pursuant to this section shall have 60 days to comply with this subdivision.
(f) The responsibilities of a certified owner or employee at a food facility or an owner or person in charge of a temporary food facility described in subdivision (c) shall include the safety of food preparation and service, including ensuring that all employees who handle, or have responsibility for handling, nonprepackaged foods of any kind, have sufficient knowledge to ensure the safe preparation or service of the food, or both. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee’s duties related to food safety issues.
(g) The food safety certificate issued pursuant to Section 113947.3 shall be retained on file at the food facility at all times, and shall be made available for inspection by the enforcement officer.
(h) Certified individuals shall be recertified every five years by passing an
approved and accredited food safety certification examination.
(i) A food safety program that was not in effect prior to January 1, 1999, shall not be enacted, adopted, implemented, or enforced, unless the program fully conforms to the requirements of this part.
SEC. 10.
Section 113947.6 of the Health and Safety Code is repealed.Notwithstanding Section 114395, a violation of any provision in Sections 113947.1 to 113947.5, inclusive, shall constitute an infraction punishable by a fine of not more than one hundred dollars ($100) for each day of operation in violation.
SEC. 11.
Section 114069 of the Health and Safety Code is amended to read:114069.
(a) Only prepackaged nonpotentially hazardous food or uncut produce may be displayed or sold outdoors by a food facility if all of the following conditions are satisfied:(a)
(1) Outdoor displays have overhead protection that extends over all food items.
(b)
(2) Food items from the outdoor display are stored inside the fully enclosed food facility at all times other than during business hours.
(c)
(3) Outdoor displays comply with Section 113980 and have been approved by the enforcement agency.
(d)
(4) Outdoor displays are under the control of the permitholder of the fully enclosed food facility and are checked periodically on a regular basis.
(b) Subdivision (a) does not apply to a compact mobile food facility. A compact mobile food facility may display or sell cut fruit and vegetables, uncut produce, and prepackaged nonpotentially hazardous food if the conditions in subdivision (a) are satisfied.
SEC. 12.
Section 114094 of the Health and Safety Code is amended to read:114094.
(a) A food facility subject to Section 343(q)(5)(H) of Title 21 of the United States Code or subject to this section as it read on July 1, 2011, shall comply with the requirements of that section of the United States Code and the regulations adopted pursuant thereto.(b) Notwithstanding the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104), and to the extent permitted by federal law:
(1) Enforcement of this section shall be made pursuant to Section 113713.
(2) (A)A
violation of this section is, notwithstanding Section 114395, an infraction,
is punishable by a an administrative fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a an administrative fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the administrative fine shall be not less than two hundred fifty dollars ($250) nor more than two
thousand five hundred dollars ($2,500). A food facility shall not be found to have committed a violation under this paragraph more than once during an inspection visit.
(B)Alternatively, the enforcement agency may assess a civil penalty of an amount that is no less than or greater than the amounts specified for fines in this paragraph.
(c) Except for the civil penalties authorized by this section, this section shall not be construed to create or enhance any claim, right of action, or civil liability that did not exist under state law prior to January 1, 2009, or limit any claim, right of action, or civil liability that otherwise existed under state law prior to January 1, 2009. The only enforcement mechanism of this section is the
department or local enforcement agency, as set forth in Section 113713.
(d) This section shall become operative only on and after the compliance date specified in the federal regulation implementing Section 343(q)(5)(H) of Title 21 of the United States Code.
SEC. 13.
Section 114094.5 of the Health and Safety Code is amended to read:114094.5.
(a) A retail food facility shall not sell or offer for sale after the “use by” date, infant formula or baby food that is required to have this date on its packaging pursuant to the federal act, as defined in Section 109930, and federal regulations adopted pursuant to the federal act, including, but not limited to, Section 107.20 of Title 21 of the Code of Federal Regulations.(b) Notwithstanding
Section 114395, any A retail food facility that violates this section is guilty of an infraction, punishable by a fine is subject to an administrative fine of not more than ten dollars ($10) per day for each item sold or offered for sale after the “use by” date. The fine administrative fine shall be calculated based upon the number of days past the “use by” date that the product is either found being offered for sale, or if the product is sold, the date of sale as established by evidence of the proof of purchase,
including, but not limited to, a sales receipt.
(c)An enforcement agency may assess administrative penalties on a retail food facility that violates this section in the amount of ten dollars ($10) per day for each item sold or offered for sale, in addition to other penalties authorized by law.
(d)
(c) For purposes of this section, the following definitions shall apply:
(1) “Baby food” shall have the meaning given to “baby foods” in paragraph (c) of Section 407.81 of Title 40 of the Code of Federal Regulations.
(2) “Infant formula” shall have the meaning given in subdivision (z) of Section 321 of Title 21 of the United States Code.
SEC. 14.
Section 114130 of the Health and Safety Code is amended to read:114130.
(a) Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.(b) Except as specified in subdivision (c), all new and replacement food-related and utensil-related equipment shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program. In the absence of an applicable ANSI certified sanitation standard, food-related and utensil-related equipment shall be evaluated for approval by the enforcement
agency.
(c) Restricted food service facilities need not comply with subdivision (b), depending on the extent of the food service activities, and if the enforcement officer determines that the equipment meets the characteristics of subdivision (a).
(d) All new and replacement electrical appliances shall meet applicable Underwriters Laboratories standards for electrical equipment as determined by an ANSI American National Standards Institute (ANSI) accredited certification program.
program or a certification program accredited by another accreditation body.
(e) Subdivision (b) does not apply to a compact mobile food facility if the enforcement agency determines that the equipment of the facility meets the characteristics described in subdivision (a).
SEC. 15.
Section 114217 of the Health and Safety Code is amended to read:114217.
(a) A potable water tank of sufficient capacity to furnish an adequate quantity of potable water for food preparation, warewashing, and handwashing purposes shall be provided for nonpermanent food facilities.(b) At least five gallons of water shall be provided exclusively for handwashing for each nonpermanent food facility. Any water Water need for other purposes shall be in addition to the five gallons for handwashing.
(c) Except as specified in subdivision (d), at
least 25 gallons of water shall be provided for food preparation and warewashing.
(d) At least 15 gallons of water shall be provided for nonpermanent food facilities that conduct limited food preparation.
(e) The water delivery system shall deliver at least one gallon per minute to each sink basin.
(f) An enforcement agency shall permit a mobile food facility to operate without providing its own supply of potable water if alternative supplies of water are available in the planned area of operation, including, but not limited to, public faucets, bottled water sales, or bottled water carried with the vendor but stored outside of the mobile food facility.
(g) An enforcement
agency shall permit a mobile food facility to operate with an integral water tank smaller than specified under subdivisions (b), (c), and (d) if the enforcement agency finds that the mobile food facility is operating in an area and manner that would allow for replenishment of the water supply as needed during operations.
SEC. 16.
Section 114276 of the Health and Safety Code is amended to read:114276.
(a) A permanent food facility shall provide clean toilet facilities in good repair for use by employees.(b) (1) A permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees when there is onsite consumption of foods or when the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space.
(2) Notwithstanding Section 113984.1, toilet facilities that are provided for use by consumers, guests, or invitees shall be in a location where consumers, guests, and invitees do not pass through food preparation, food storage, or utensil washing areas to reach the toilet facilities.
(3) For purposes of this section, a building subject to paragraph (1) that has a food facility with more than 20,000 square feet of floor space shall provide at least one separate toilet facility for men and one separate toilet facility for women.
(4) For purposes of this section, the gas pump area of a service station that is maintained in conjunction with a food facility shall not be considered as property used in connection with the food facility or be considered in determining the square footage of floor space of the food facility.
(c) (1) Toilet rooms shall be separated by well-fitted, self-closing doors that prevent the passage of flies, dust, or odors.
(2) Toilet room doors shall be kept closed except during cleaning and
maintenance operations.
(d) Handwashing facilities, in good repair, shall be provided as specified in Sections 113953 and 113953.3.
(e) A city, county, or city and county may enact ordinances that are more restrictive than this section.
(f) (1) Except as provided in paragraph (1) of subdivision (b), a food facility that was constructed before January 1, 2004, that has been in continuous operation since January 1, 2004, and that provides space for the consumption of food on the premises shall either provide clean toilet facilities in good repair for consumers, guests, or invitees on property used in connection with, or in, the food facility or prominently post a sign within the food facility in a public area stating that toilet facilities are not provided.
(2) The first violation of paragraph (1) shall result in a warning. Subsequent violations shall constitute an infraction be punishable by a
an administrative fine of not more than two hundred fifty dollars ($250).
(3) The requirements of this section for toilet facilities that are accessible to consumers, guests, or invitees on the property may be satisfied by permitting access by those persons to the toilet and handwashing facilities that are required by this part.
SEC. 17.
Section 114289.1 is added to the Health and Safety Code, to read:114289.1.
Notwithstanding any other law, a mobile food facility that sells only prepackaged, nonpotentially hazardous foods or whole raw fruits or vegetables is exempt from the requirements of this part.SEC. 18.
Section 114295 of the Health and Safety Code is amended to read:114295.
(a) Except as specified in subdivision (b), all mobile food facilities shall operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency.(b) This section does not apply to mobile food facilities that operate at community events events, as defined in Section 113755 113755, and that remain in a fixed position during food
preparation and its hours of operation, if potable water and liquid waste disposal facilities are available to mobile food facilities requiring potable water.
(c) (1) Mobile food facilities shall be stored at or within a commissary or other location approved by the enforcement agency in order to have protection from unsanitary conditions.
(2) An enforcement agency shall approve the storage of compact mobile food facilities in the home of the operator or permitholder if the food facility is sanitized daily.
(d) Mobile support units shall be operated from and stored at a designated
commissary and shall be subject to permitting and plan review.
(e) Notwithstanding any other provisions of this section, a mobile food facility that is engaged in food preparation, other than limited food preparation, as defined in Section 113818, shall not operate in conjunction with a mobile support unit.
(f) Notwithstanding any other provision of this section, a compact mobile food facility is not required to operate in conjunction with a commissary or mobile support unit if the permitholder operates the compact mobile food facility in conjunction with a licensed cottage food operation or microenterprise home kitchen operation.
SEC. 19.
Section 114297 of the Health and Safety Code is amended to read:114297.
(a) Mobile food facilities shall be cleaned and serviced at least once daily during an operating day.(b) Except as specified in subdivision (c), all mobile food facilities shall report to the commissary or other approved facility on a daily basis.
(c) Mobile food facilities that are serviced by a mobile support unit and that do not report to a commissary on a daily basis shall be stored in a manner that protects the mobile food facility from contamination.
contamination, which may include the home storage of the food facility. All food shall be stored at the commissary or other approved facility at the end of the operating day. Prepackaged nonpotentially hazardous food, whole fruits, and whole vegetables may be stored in the home prior to sale or preparation of that food in a compact mobile food facility.
(d) Mobile support units shall report to a commissary or other approved facility for cleaning, servicing, and storage at least daily.
SEC. 20.
Section 114313 of the Health and Safety Code is amended to read:114313.
(a) Except as specified in(1) The dimensions of each compartment shall be large enough to accommodate the cleaning of the largest utensil and either of the following:
(A) At least 12 inches wide, 12 inches long, and 10 inches deep.
(B) At least 10 inches wide, 14 inches long, and 10 inches deep.
(2) Each drainboard shall be at least the size of one of the sink compartments. The drainboards shall be installed with at least one-eighth inch per foot slope toward the sink compartment, and fabricated with a minimum of one-half inch lip or rim to prevent the draining liquid from spilling onto the floor.
(3) The sink shall be equipped with a mixing faucet and shall be provided with a swivel spigot capable of servicing all sink compartments.
(b)If all utensils and equipment of a mobile food facility are washed
and sanitized on a daily basis at the approved commissary or other approved food facility, and the mobile food facility provides and maintains an adequate supply of spare preparation and serving utensils in the mobile food facility as needed to replace those that become soiled or contaminated, then the mobile food facility shall not be required to provide a warewashing sink to only handle any of the following:
(1)Nonpotentially hazardous foods that do not require preparation other than heating, baking, popping, portioning, bulk dispensing, assembly, or shaving of ice.
(2)Steamed or boiled hot dogs.
(3)Tamales in the original, inedible wrapper.
(c)An unenclosed
(b) A mobile food facility that prepares potentially hazardous beverages for immediate service
in response to an individual consumer order is approved for limited food preparation shall do one of the following:
(1)Provide a three-compartment sink described in subdivision (a).
(2)
(1) Provide at least one two-compartment sink that complies with subdivision (e) of Section 114099.3.
(3)
(2) Provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to replace those that become soiled or contaminated, and warewashing facilities that comply
with subdivision (a) in reasonable proximity to, and readily accessible for use by, food employees at all times.
(3) Maintain an adequate supply of spare preparation and serving utensils on the mobile food facility to ensure that utensils used for potentially hazardous foods are replaced with clean and sanitized utensils every four hours or as needed to replace those that become soiled or contaminated. A mobile food facility that complies with this paragraph is not required to provide a warewashing sink.
SEC. 21.
Section 114314 of the Health and Safety Code is amended to read:114314.
(a) Handwashing sinks and warewashing sinks for unenclosed mobile food facilities shall be an integral part of the primary unit or on an approved auxiliary conveyance that is used in conjunction with the mobile food facility.(b) Warewashing sinks for unenclosed mobile food facilities shall be equipped with overhead protection made of wood, canvas, or other materials that protect the sinks from bird and insect droppings, dust, precipitation, and other contaminants.
(c) A mobile food facility may satisfy the requirements of this section by demonstrating access to a permitted auxiliary conveyance containing the
necessary handwashing and warewashing sinks. The auxiliary conveyance may be operated by the same or a different permitholder. An enforcement agency may permit an auxiliary conveyance to serve multiple mobile food facilities operating in close proximity to the auxiliary conveyance, as determined by the enforcement agency.
(d) A compact mobile food facility may operate without an integral handwashing sink, auxiliary sink unit, or other handwashing facility if it is equipped with a supply of clean, potable water, hand soap, a receptacle for waste water, and paper towels.
SEC. 22.
Section 114315 of the Health and Safety Code is amended to read:114315.
(a) A mobile food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility,(b) This section does not limit the authority of a local governing body to adopt, by ordinance or resolution, additional requirements for the public safety, including reasonable time, place, and manner restrictions pursuant to its authority under subdivision (b) of Section 22455 of the Vehicle Code.
SEC. 23.
Section 114379.50 of the Health and Safety Code is repealed.A violation of this chapter is, notwithstanding Section 114395, an infraction, provided, however, that the first violation shall result in a notice of violation. A second violation within a five-year period from the notice of violation shall be punishable by a fine of not more than two hundred fifty dollars ($250). For a third or subsequent violation within a five-year period, the fine shall be not more than five hundred dollars ($500). A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit.
SEC. 24.
Section 114380 of the Health and Safety Code is amended to read:114380.
(a) A person proposing to build or remodel a food facility shall submit complete, easily readable plans drawn to scale, and specifications to the enforcement agency for review, and shall receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility.(b) Plans and specifications may also be required by the enforcement agency if the agency determines that they are necessary to ensure compliance with the requirements of this part, including, but not limited to, a menu change or change in the facility’s method of operation.
(c) (1) All new school food facilities or school food facilities that undergo modernization or
remodeling shall comply with all structural requirements of this part. Upon submission of plans by a public school authority, the Division of the State Architect and the local enforcement agency shall review and approve all new and remodeled school facilities for compliance with all applicable requirements.
(2) Notwithstanding subdivision (a), the Office of Statewide Health Planning and Development (OSHPD) shall maintain its primary jurisdiction over licensed skilled nursing facilities, and when new construction, modernization, or remodeling must be undertaken to repair existing systems or to keep up the course of normal or routine maintenance, the facility shall complete a building application and plan check process as required by OSHPD. Approval of the plans by OSHPD shall be deemed compliance with the plan approval process required by the local county enforcement agency described in this section.
(3) Except when a determination is made by the enforcement agency that the nonconforming structural conditions pose a public health hazard, existing public and private school cafeterias, limited service charitable feeding operation facilities, and licensed health care facilities shall be deemed to be in compliance with this part pending replacement or renovation.
(d) Except when a determination is made by the enforcement agency that the nonconforming structural conditions pose a public health hazard, existing food facilities that were in compliance with the law in effect on June 30, 2007, shall be deemed to be in compliance with the law pending replacement or renovation. If a determination is made by the enforcement agency that a structural condition poses a public health hazard, the food facility shall remedy the deficiency to the satisfaction of the enforcement agency.
(e) The plans shall be approved or rejected within 20 working days after receipt by the enforcement agency and the applicant shall be notified of the decision. Unless the plans are approved or rejected within 20 working days, they shall be deemed approved. The building department shall not issue a building permit for a food facility until after it has received plan approval by the enforcement agency. This section does not require that plans or specifications be prepared by someone other than the applicant.
(f) Upon receipt of complete, easily readable plans drawn to scale, and specifications satisfactory to the enforcement agency, an enforcement agency may preapprove a standard plan for a standardized or mass-produced facility intended to serve as a mobile food facility. The manufacturer of the
standardized facility may be required to affix a sticker or decal to each individual unit certifying that the unit was built in accordance with the preapproved blueprints. A person proposing to operate a mobile food facility who has acquired a facility for which the plans have already been approved is not required to submit plans for the individual unit, but instead the plans shall be deemed approved. The permit application for a mobile food facility utilizing a preapproved facility shall include a certification that the applicant has not substantially altered the facility from the preapproved plans.
(g) The repair of equipment or integral fixtures on a mobile food facility or the replacement of equipment and fixtures with substantially similar equipment or fixtures is not a remodel, and the repair or replacement of equipment or fixtures does not require the submission of plans to an enforcement agency.
SEC. 25.
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 meets the specifications of the approved plans or conforms 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
a 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. An enforcement agency may waive or reduce a fee for the permit, registration, or related services for an applicant seeking approval of a compact mobile food facility.
(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 A
person requesting the enforcement agency to undertake activity pursuant to Sections 114149.1 and 114419.3 shall pay the enforcement agency’s costs incurred in undertaking the activity. The enforcement agency’s services shall be assessed at the current hourly cost recovery rate.
SEC. 26.
Section 114395 of the Health and Safety Code is repealed.Except as otherwise provided in this part, any person who violates any provision of this part or regulation adopted pursuant to this part is guilty of a misdemeanor. Each offense shall be punished by a fine of not less than twenty-five dollars ($25) or more than one thousand dollars ($1,000) or by imprisonment in the county jail for a term not exceeding six months, or by both fine and imprisonment.
SEC. 27.
Section 114395 is added to the Health and Safety Code, to read:114395.
Notwithstanding any other provision of this part, a violation of any provision of this part or regulation adopted pursuant to this part is punishable only by an administrative fine. Except as otherwise provided in this part, each offense may only be punished by a fine consistent with subdivision (a) of Section 51039 of the Government Code, and those fines shall be subject to the applicable mandatory reductions based on an individual’s ability to pay as provided in paragraph (1) of subdivision (f) of Section 51039 of the Government Code. A violation of any provision of this part or regulation adopted pursuant to this part shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.(a)(1)A violation of a local authority’s 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 authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted before 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) Section 51038.
(f)(1)When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s 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)This subdivision does not diminish or abrogate any rights or remedies otherwise available to the petitioner.
(6)This subdivision or related provisions does not diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.
