Atascadero City Council looks regulation of street vendors

By Mike Chaldu · Fri Jun 26 2026

After lengthy discussion, councilmembers put talk of expanding ordinance on the back burner

ATASCADERO — In its only major agenda item for its Tuesday, June 23, meeting, the Atascadero City Council discussed regulation of street vendors in the city, and whether the current city ordinance should be changed or expanded, but councilmembers ultimately decided the matter was not urgent and could be tabled until early next year.

The item, presented under Management Report and titled Sidewalk Vending Regulation, was introduced by City Attorney Dave Fleishman, who began by citing State Senate Bill 946. That bill was passed by the state in 2018, limiting what cities can regulate and enforce on street vending, and was passed with the intent to "create entrepreneurial and business opportunities, particularly with immigrant and low-income communities," according to Flieshman.

Fleishman said in the time since the state bill had passed, Atascadero has not experienced signficant issues with street vendors in the city, but "staff has seen a recent increase and interest in street vending, which is why we're bringing this forward."

According to the staff report, "Currently, the City of Atascadero regulates sidewalk vendors as 'Mobile Eating and Drinking Vendors' under AMC § 9-3.500. That phrase is defined as follows: Any vehicle, wagon, or pushcart that is self-propelled or can be pushed/pulled down a street or sidewalk, on which food is displayed, prepared, or processed for the purpose of selling food or drinks to a consumer." Fleishman pointed out the ordinance needs to be updated to conform with SB 946.

In discussing an update of the city's policy on street vending, Fleisham said he was looking for ideas on the following: Permitting process, how to acceptably request IDs, ADA compliance, vending permits, tax documents and business licenses, hours of operation, and safety buffers.

Mayor Charles Bourbeau began council questions by asking how food trucks would be affected by a city ordinance shaped around SB 946. Fleishman pointed out the city ordinance, and SB 946, refers to vendors with mobile stations that move along the streets or areas, rather than vendors with stationary set-ups while they're operating.

Councilmember Seth Peek asked how ADA compliance figured into street vending regulation, and Fleishman and Bourbeau said it's essentially setting up so a public sidewalk isn't blocked to pedestrians. Bourbeau also mentioned the possibility of putting a board or ramp over any cords that may be on the sidewalk or street.

Councilmember Susan Funk brought up such community staples as fundraising barbecues held by groups such as the Rotary or Kiwanis clubs, bakes sales, or even kids running lemonade stands in front of their house. "How are our various traditions affected?" she asked.

Fleishman answered that those examples fall under different regulations. For the fundraising groups, it has to do with stationary operations, many of which are done on private property or with express permission. Also, Dariz, who is a member of the local Kiwanis Club, disclosed that his group always gets the proper permits when doing a barbecue. The bake sales and lemonade stands would fall under the policy that people can sell without a permit if it's space is limited to 25 square feet or less and sells pre-made or pre-packaged food items.

Other issues brought up included the ability to enforce street vending amid new state legislation that supposedly limits it (Fleishman said enforcement can be done if there's probable cause for a violation), safety buffers (Councilmember Heather Newsom wanted to make sure any vendors kept a good distance from busy intersections), and street vendors presence at or near special events, like the recent Tamale Festival, who don't have permits for the events (a buffer zone of 500 feet was suggested).

Resident Geoff Auslin was the only person to speak on Public Comment for the item, and raised concerns about health and safety concerning the street vending and the ability to enforce.

"How do we enforce rules so people don't get sick or injured?" he said. "Whether it's because of the food, or a grill being fired up in an area susceptible to fire."

Back to council, the councilmembers ultimately felt the issue was not an urgent one, and that current policy was sufficient for the current amount of street vendors working — Peek even disclosed that the sudden interest for the item was spurred by two taco stands that were doing business in the city and, according to Fleishman, had been getting no complaints.

Newsom said the topic was "too broad and challenging to enforce," while Peek said the city didn't have the resources to keep track of every food stand that opened up.

Bourbeau said trying to draft a new ordinance would take up too much time of staff. "Instead of drafting a new set of rules, I think it would be easier just to say what isn't allowed," the mayor said. "Like, don't block sidewalk or driveways, or don't operate with 500 feet of a special event. Minimal regulation, but clear in what you can't do."

Bourbeau proposed, and the council agreed, that they could revisit the issue in a few months, probably next January or February.

The City Council will next meet on Tuesday, July 14, at 6 p.m. That meeting will be the only one in the month of July.