Al pastor meat sitting in a 5 gallon, dirty plastic bucket on the side of the road. Beans, tamales, and/or fruit resting in coolers with no hint as to where the food’s been prepared. Grease from what’s been cooked dumped into gutters, storm drains, and transportation paths.
These are some of the food health and safety hazards Santa Barbara County’s jurisdictions have seen because of unpermitted food vendors and street cart operations. But state legislation has tied the county’s and cities’ hands, according to Joan Hartmann.
“They [the Legislature] had good intentions, but I think they are hurting the very people they wanted to help, at least in our community, and we need to make that clear,” Hartmann, Santa Barbara County 3rd District supervisor, said during the Oct. 23 Santa Barbara County Association of Governments (SBCAG) meeting.
SBCAG brings together representatives from the county and its eight cities typically to discuss transportation, but Hartmann and her staff brought this to the dais because—like transit—unpermitted food vendors know no boundaries.
“Every city is grappling with some component of this phenomenon to differing degrees, and it was the best venue I could think of to put it out there for discussion,” Hartmann told the Sun in an emailed statement.
Moving forward, all eight cities and the county are launching a public awareness campaign, developing a formal task force to tackle these operations that have sprawled since the state relaxed regulations around street food vending, and preparing a joint letter to urge state action to curb roadside and sidewalk food vending.
“My top priority remains safeguarding the public from foodborne illness and safety hazards, while also supporting our local businesses, many of which are immigrant-owned, as they face unfair competition from unregulated vendors,” Hartmann said in the statement.
In 2018, the state passed SB 946, which prevented local law enforcement agencies from imposing criminal penalties for sidewalk vendors; they can only impose administrative fines, 3rd District Chief of Staff Gina Fischer told the SBCAG directors. Later in 2022, the state passed SB 972, which modernized the California Retail Food Code, simplified the permitting process, and relaxed equipment standards for sidewalk vendors selling “low-risk food items.”
“It’s a safeguard for low-income and immigrant communities, particularly in the wake of federal immigration efforts ongoing at that time that targeted prioritization of deportation of undocumented individuals who could have had even relatively minor criminal offenses, like misdemeanors for sidewalk vending,” Fischer said. “While it removed the threat for criminal penalties, it has also made it difficult for jurisdictions to enforce regulations limiting sidewalk vending.”
The Santa Ynez Valley faces a unique challenge because vendors typically set up shop on Highways 246 and 154, which are in the state’s jurisdiction, and local regulatory agencies can’t conduct any enforcement.
In Santa Barbara County, only two vendors have gone through the mobile food cart permitting process. Santa Maria’s code enforcement division has responded to 70 unpermitted sidewalk vendors and issued 32 citations in the past year—with activity jumping in 2018, Interim Director of Community Development Dana Eady told the Sun.
Several Santa Maria restaurants came forward pleading for action as they shared their experiences of vendors setting up shop in front of their business and taking away potential customers.
“I hope you can all see this is a major problem; it’s a problem that’s gotten out of control,” said Magaly Villanueva, office manager of Santa Maria’s Tortilleria Mexico. “I hope with these presentations you guys see how big of a problem this is for brick-and-mortar restaurants, and this is a time for change.
“We have three businesses in town and it’s hard; we have businesses going out of business because of illegal street vending.”
This article appears in Oct 31 – Nov 10, 2024.
The discussion surrounding unpermitted food vendors in Santa Barbara County raises valid concerns about health and safety. However, while these issues must be addressed, it is crucial to recognize the cultural and culinary significance of these roadside businesses, which echo the spirit of the old West, where roadside stands were a staple of American life.
Historically, roadside vendors have provided communities with unique culinary experiences that reflect local flavors and traditions. Much like the humble food stands of the past, todays unpermitted vendors offer delicious alternatives to the often bland fare found in many conventional restaurants and fast-food chains. Their offerings are not merely sustenance; they are a celebration of cultural heritage, creativity, and resourcefulness.
Critics often point to sanitation and safety concerns, citing instances of improperly stored food or unsanitary cooking conditions. While these concerns are valid, they should not be the sole focus of the conversation. Instead, we should look for a balanced approach that considers both public safety and the value these vendors bring to our communities. After all, many of these vendors are part of immigrant communities, contributing to the rich tapestry of our local culture and economy.
Moreover, these vendors fill a vital niche by operating during late-night hours, providing convenient and delicious food options for those who may not have access to traditional restaurants. In a society that values convenience and variety, the presence of these food stands enhances our community’s vibrancy and offers a welcome alternative.
Instead of pushing these vendors out, a dialogue between city officials, restaurant owners, and the vendors themselves could lead to a more equitable solution. By exploring ways to incorporate these businesses into our regulatory frameworkperhaps through streamlined permitting processes or designated areas for vendingwe can ensure public safety while supporting local entrepreneurship.
In the spirit of compromise, cities and counties can benefit from engaging with vendors to establish guidelines that promote safety without stifling this unique form of food culture. Just as the old West embraced the entrepreneurial spirit of roadside stands, we should celebrate and adapt to the evolving landscape of food vending in our modern era.
Rather than viewing unpermitted food vendors as a threat to established businesses, lets recognize them for what they are: a vital part of our community that adds flavor, diversity, and late-night convenience. With a little dialogue and willingness to compromise, we can create a food landscape that honors both our culinary heritage and the health and safety of all residents. LoveSYV. dot com