To: Honorable Mayor and Members of City Council
From: Molly Rattigan, Community Resources and Development Director
Prepared By: Tony Valadez, Compliance Programs Manager
TITLE:
Title
Sidewalk Vending Ordinance (NMC Chapter 5.82)
LABEL
RECOMMENDED ACTION:
Recommendation
Approve the first reading and introduction of an Ordinance amending the Napa Municipal Code enacting Chapter 5.82 “Sidewalk Vending” and determining the actions authorized by this Ordinance are exempt from CEQA.
Body
DISCUSSION:
In 2018, the California Legislature enacted Senate Bill 946, which decriminalized sidewalk vending statewide and authorized cities to adopt time, place, and manner regulations to protect public health, safety, and welfare. SB 946 requires local regulations to be narrowly tailored, objective, and directly tied to public safety considerations.
The City of Napa currently does not have a dedicated sidewalk vending ordinance. As a result, enforcement has relied on general nuisance, encroachment, and public safety provisions, which do not provide a clear or consistent regulatory framework for sidewalk vending activities.
The proposed ordinances enacts Napa Municipal Code (NMC) Chapter 5.82, establishing a comprehensive regulatory structure for sidewalk vending activities within the City.
The Ordinance includes the following major elements:
• Definitions and Applicability
o The Ordinance defines key terms including “sidewalk vendor,” “stationary sidewalk vendor,” “roaming sidewalk vendor,” “temporary event,” and “certified farmers’ market.” These definitions establish the scope of regular activities.
• Permit Requirements
o All sidewalk vendors must obtain a Sidewalk Vending Permit issued by the City. The permit application requires basic business information, seller’s permit details, and payment of fees. Permits are valid for one year.
• Permit Denial, Suspension, and Revocation
o The Police Chief or designee may deny, suspend, or revoke a permit for reasons including:
§ Nonpayment of fees
§ Incomplete or false application information
§ Prior revocation
§ Four or more violations within one year
o The ordinance requires written notice and provides an appeal process through an administrative hearing officer.
• Operational Restrictions
o The ordinance establishes time, place, and manner restrictions tailored to public safety, pedestrian access and emergency access needs.
§ Vending is prohibited within certain distances of schools, farmers’ market, streets, medians, bikeways, utility infrastructure, and any manner posing a direct danger to health or safety.
o These restrictions are consistent with SB 946’s requirement that regulations be tied to public safety and pedestrian access.
• Enforcement and Penalties
o The Ordinance establishes administrative fines for violations:
§ $100 for first violation
§ $200 for second violation
§ $500 for subsequent violations
o Operation without a permit carries higher fines:
§ $250 for first violation
§ $500 for second violation
§ $1,000 for subsequent violations
o Vendors committing four violations within one year may have their permit suspended or revoked.
The ordinance gives the City a clear framework to manage sidewalk vending in a way that protects pedestrian access, emergency routes, and public spaces. By setting objective rules for where vendors can operate and how they must maintain their setup, the City can reduce conflicts, and improve safety.
It also creates a fair, transparent system for vendors by outlining clear expectations, a simple permit process, and non‑criminal enforcement. This supports compliant vendors, encourages orderly business activity, and aligns with SB 946 requiring cities to regulate vending through health and safety standards rather than punitive measures.
FINANCIAL IMPACTS:
The Ordinance is expected to improve administrative efficiency by establishing a clear permitting and enforcement structure. No significant fiscal impacts are anticipated.
CEQA:
The Community Services & Development Director has determined that the Ordinance does not qualify as a Project subject to CEQA under State CEQA Guidelines Section 15378 and is otherwise exempt from CEQA under State CEQA Guidelines Section 15061(B)(3).
DOCUMENTS ATTACHED:
ATCH 1 - Ordinance
NOTIFICATION:
Legal notice of the public hearing was published in the Napa Valley Register on July 9, 2026.