FROM:
Development Services
SUBJECT:
Title
Introduction and First Reading of Ordinance No. 1981, an Ordinance of the City Council of the City of Fontana, County of San Bernardino, California, Amending Fontana Municipal Code Sections 15-820 (Permits Required) and 15-821 (Review Of Permit Application; Decision) to Comply with New State Law and Help Protect the City’s Community by Effectively Regulating the Sale of Food, Goods, and Merchandise that Create a Health and Safety Danger.
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RECOMMENDATION:
Recommendation
Introduce and waive further reading of Ordinance No. 1981 (“Ordinance”), amending Fontana Municipal Code (“FMC”) Sections 15-820 (Permits Required) and 15-821 (Review of Permit Application; Decision) to comply with new State law (SB 635) and to protect the community by effectively regulating the sale of food, goods, and merchandise that pose a significant potential health and safety risk to the public.
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COUNCIL GOALS:
• To comply with State law and help protect the City’s community by effectively regulating the sale of food, goods, and merchandise that have a significant potential for creating a health and safety danger to the public.
DISCUSSION:
California Constitution, article XI, section 7, authorizes the City to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws. Government Code section 51038 authorizes the City to regulate sidewalk vending to help protect public health and safety. The City has previously adopted FMC chapter 15, article XVII (Sidewalk Vending) to regulate sidewalk vending within the City. The City must amend its Sidewalk Vending Ordinance to comply with new restrictions from SB 635 effective January 1, 2026.
FISCAL IMPACT:
There is no direct fiscal impact from this item.
MOTION:
Approve staff recommendation.