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Outdoor Vending Regulations
Currently, the City of San José is considering whether vending regulations should be relaxed for vendors as they pertain to the sale of whole, uncut, fresh fruits, and vegetables on private property in order to increase the public's access to healthy foods. 

Areas of the ordinance under review include:
  • Number of hours a vendor can sell at a school, library, community center, or church/religious assembly site in the residential zoning district 
  • Minimum required distance from vendors to residentially used lots

View a presentation (in English and Spanish) regarding the proposed changes and existing rules.

Meetings on Outdoor Vending 

The City Manager's Office has held the following Community Outreach meetings in preparation for taking ordinance changes to the Planning Commission and City Council:
  • Neighborhoods Commission: Wednesday, March 11, 2015
  • District 3: Saturday, May 9, 2015
  • District 6: Thursday, June 30, 2015
  • District 5: Monday, September 28, 2015

Next steps:
  • Planning Commission – Wednesday, December 2, 2015 at 6:30 p.m.
  • City Council – Tuesday, January 12, 2016 at 1:30 p.m. 

Fresh Fruits and Vegetables
This ordinance, adopted June 4, 2013, established "Outdoor Vending of Fresh Fruits and Vegetables" as an approved use in the Zoning Code. View the May 10, 2013 memo about the topic. The ordinance went into effect July 5, 2013.

Peddler Permit - Vending on Public Property
On April 21, 2015 the City Council instructed City staff to suspend enforcement of the Peddler Permit requirements while staff is conducting community outreach around the issue of Outdoor Vending.

This means the City will not currently cite someone for peddling or vending on public property without a permit. It doesn’t mean the Operational rules are suspended. Vendors still must comply with distance requirements, hours of operation, noise requirements, and all of the good neighbor provisions of the code. 

 Mobile vendors:
  • Can only sell in one location for 15 minutes, then must move to a new location. The new location must be 500 feet from previous spot.
  • Can’t sell within 500 feet of a school.
  • Can’t sell within 200 feet of another vendor.

City Manager's Regulations for Approved-Location Vendors on Public Property

Vendors who wish to sell in a fixed location in the public right-of-way (i.e. operate a hot dog cart on a sidewalk) need to get a permit from the police department. The City Manager's Regulations for Approved Location Vendors outline the rules and criteria for these vendors. The regulations are here.