MEMORANDUM

Date: May 3, 2017

To: Mayor and City Councilmembers
From: Ryan DeVore, Director of Community Development

SUBJECT: Enforcement of non-permitted food vending by Sacramento County Environmental

Management (EMD) and City Code Enforcement

This memo is to inform you about recent events involving food vending downtown. We understand that
protestors plan to attend the City Council meeting scheduled for Thursday, May 4 and want to be sure
you have the relevant facts.

On March 6, code enforcement officers responded to complaints of illegal vending at the corner of 8th
and T Streets, submitted by the public and local property owners. Our officers warned non-permitted
vendors that they were in violation of City Code and needed permits. They also provided informational
material regarding permit requirements to all vendors in Spanish and English.

On March 19th code enforcement and EMD responded to the same location and found violations.
Therefore, Sacramento County Environmental Management (EMD) impounded carts and food from the
same vendors. Vendors were again provided informational material regarding permit requirements in
Spanish and English.

On April 23, 2017, the City and EMD responded to the same location and found violations. Equipment
was again impounded by EMD. City code enforcement was on scene to support EMDs enforcement
efforts. The City did not cite, impound or take any of the vendors carts or equipment, although we did
help load the equipment into County vehicles.

During the impounding of the carts, several citizens began to protest and video tape enforcement efforts.
The protestors were informed that the City and EMD had warned the vendors on prior occasions. The
video recordings were later posted on social media sites. Despite enforcement efforts, some of the non-
permitted vendors were back in operation within the hour of EMD and code enforcement leaving the
location.

BACKGROUND

All vendors operating within the city are required to obtain permits, outlined in Title 5 of the City Code.
Chapter 5.88 Street and Sidewalk Vending provides code enforcement with the authority to issue
administrative penalties and criminal citations for failure to comply.
Historically, City code enforcement staff and the County's EMD have worked together responding to
complaints to ensure the protection of public health and compliance with Title 5. Only EMD has the
authority to impound food and equipment used to sell food products. City code enforcement staff first
warn non-permitted vendors and provide an informational document that is written in Spanish and
English, outlining the ordinances dealing with the sale of goods from public property.

When code enforcement accompanies EMD during enforcement of non-permitted food vendors,
impoundment of food equipment is a final measure following verbal and written warnings. When EMD
impounds food (perishable) it is discarded. Food carts and equipment are held for 30 days. Vendors have
an opportunity to request an appeal hearing with EMD contesting enforcement action.

If you have any questions, please contact Code Enforcement Manager Jose Mendez at 916-612-4975.

Sincerely,
Digitally signed by Ryan DeVore

Ryan DeVore
DN: cn=Ryan DeVore, o=City of Sacramento,
ou=Community Development,
email=rdevore@cityofsacramento.org, c=US
Date: 2017.05.03 10:12:06 -07'00'

Ryan DeVore
Director of Community Development

cc:
Howard Chan
John Dangberg
Arturo Sanchez
Carl Simpson
Jose Mendez
Linda Tucker
Kelli Trapani