SB635 - Food vendors and facilities: enforcement activities.

Senate Bill No. 635 CHAPTER 463 An act to amend Sections 51036, 51038, and 51039 of the Government Code, and to amend Sections 114368.8 and 114381 of, and to add Section 114381.3 to, the Health and Safety Code, relating to local government. [ Approved by Governor October 07, 2025. Filed with Secretary of State October 07, 2025. ] LEGISLATIVE COUNSEL'S DIGEST SB 635, Durazo. Food vendors and facilities: enforcement activities. (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 individual’s name, business name, home address, business address, birthdate, telephone number, California driver’s 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 driver’s 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 individual’s 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 individual’s 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 authority’s 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 agency’s 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 driver’s 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 individual’s 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 individual’s 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text 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 California’s 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 California’s 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 one’s 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 individual’s name, business name, home address, business address, birthdate, telephone number, business location, California driver’s 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, seller’s 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 person’s 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 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 he [Text truncated for display. Full text available on Congress.gov.]