San Jose police officials told city leaders they need more tools to impound the property of illicit street vendors in downtown, especially during events.
The City Council voted unanimously Tuesday to accept Police Chief Paul Joseph’s proposal to create a new street peddler permit policy to streamline law enforcement powers and remove permitting barriers. Police officials went to the city with the proposal since the department is anticipating it might need additional funding for enforcement in the upcoming budget. Food and merchandise peddlers, whether moving or stationary, are required to have a permit from the San Jose Police Department.
Organizers of longtime holiday events in the city such as Christmas in the Park previously told San José Spotlight the problem of unpermitted street vendors and peddlers gets worse every year. The City Manager’s Office began collaborating with the City Attorney’s Office in January to boost a peddler impoundment pilot program outside SAP Center — with seven carts impounded over the past weeks.
“(The pilot) resulted in Christmas in the Park expanding their footprint and working with previously unpermitted vendors to be permitted and work as part of Christmas in the Park, which was very successful,” City Economic Development and Cultural Affairs Director Nanci Klein said. “Additionally, Prosperity Lab created a program to help food entrepreneurs become permitted, as well as providing other skills and capacity building efforts.”
During last year’s downtown holiday events, Santa Clara County workers impounded 1,245 pounds of food, while San Jose code enforcement workers issued six citations.
“We set clear boundaries and did the appropriate enforcement to keep everybody safe,” Mayor Matt Mahan said Tuesday. “This strikes the right balance of helping people comply with all relevant laws, from public right away to public health, all of which are important, but also creating pathways for entrepreneurs.”
Armando Ricardez, Prosperity Lab food services director, said new small businesses such as Paleta Planeta in downtown started off as street vendors before receiving help from the city and transforming into storefronts. Outreach before law enforcement gets involved is crucial so the businesses of street vendors are not disrupted, he said.
“We have had great success in mentoring and helping street food vendors … however, resources are needed, along with collaboration from the city finance department, police department and county health (department),” Ricardez said Tuesday. “This would allow us to process their applications in a timely manner.”
Christmas in the Park Managing Director Debbie Degutis said the new peddler permit policy’s focus on equipment and not people is key.
“The equipment blocks venue exits, impedes safe corridors and puts the vendors at risk from traffic and crowds,” she said. “We often get blamed for the trash and sidewalks lined with vendors. Families tell us they’ve stopped coming to our event because the sidewalks in the area feel unsafe.”
A San Jose Sharks and San Jose Earthquakes representative said Tuesday they support the policy because it will help ensure public safety and traffic flow outside city venues such as the SAP Center, PayPal Park and Excite Ballpark.
Joseph said the police department’s crime prevention team has an informal list of some unpermitted peddlers to keep them updated on the city’s permitting process for street vendors. A 2018 state law banned the criminalization of street vendors.
The city manager’s office found the added cost from general liability insurance requirements was a barrier to peddlers becoming permitted. Instead of costly insurance requirements, officials approved an alternative option for peddlers to sign an agreement with the city. While this change protects the city’s legal interests, residents harmed by a peddler might have more difficulty in seeking financial compensation.
District 7 Councilmember Bien Doan said vendors who receive the proper permits have more opportunities to earn a living because they could operate at more events citywide, but San Jose needs to help as well.
“I believe that we should put some funding in there, and this is not about penalizing our immigrants,” he said Tuesday. “It’s about empowering and inspiring them to follow the process.”
Contact Vicente Vera at [email protected] or follow @VicenteJVera on X
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