Vending Permit Requirement
San Diego Municipal Code § 36.0103
in effect§36.0103 Vending Permit Requirement
(a) No vending shall take place except in accordance with the provisions of this Division or when otherwise authorized by the City.
(b) All sidewalk vendors shall obtain a vending permit prior to vending on any sidewalk. Permits shall be issued by the City Manager or designee, unless otherwise specified in the Code.
(c) A vending permit shall be valid for one year from the date of issuance and must be renewed annually. A vending permit may only be issued to an individual at least eighteen years of age. Any sale, assignment, or transfer of the vending permit is prohibited. A vending permit that is sold, assigned, or transferred is void.
(d) To obtain a vending permit, a sidewalk vendor must submit the following information on a permit application form provided by the City:
(1) the name, address and telephone number of the sidewalk vendor;
(2) proof of valid, government-issued photo identification;
(3) the name and business address of the company, partnership, or corporation if the sidewalk vendor is an agent of a company, partnership, or corporation;
(4) a current valid business tax certificate issued to the sidewalk vendor, or if the sidewalk vendor is an employee, a current valid business tax certificate for the business employing the sidewalk vendor along with proof of employment, such as a current pay stub. With the submission of a complete vending permit application, a vending permit may be issued with the submission of a complete business tax certificate application, which may be submitted concurrently with, or prior to, the vending permit application;
(5) proof of a California Department of Tax and Fee Administration seller’s permit applicable to the sidewalk vendor to the extent required by law that notes the City of San Diego as a location or sub-location, which is valid for the duration of the vending permit;
(6) for those sidewalk vendors selling food, proof of both:
(A) a valid San Diego County Environmental Health Permit applicable to the vending equipment to be used for food preparation and storage to the extent required by law; and
(B) either a Manager’s Food Safety Certificate or a San Diego County Food Handlers Card applicable to the sidewalk vendor to the extent required by law;
(7) a certification by the sidewalk vendor that to the sidewalk vendor’s knowledge and belief, the information contained on the form is true; and
(8) such other information as the City Manager deems reasonably necessary to administer this Division.
(e) Each vending permit application shall be accompanied by a non-refundable permit fee and a signed waiver of release and indemnification consistent with section 36.0103(g).
(f) Each individual who intends to vend on a sidewalk must complete an application even if the individual:
(1) is employed or engaged by another individual or a business; or
(2) will use vending equipment owned by another individual or a business.
(g) Release and Indemnification Requirements
(1) If the City issues a vending permit, as a condition of such permit issuance, permittee agrees to waive and release the City and its officers, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgments including attorney fees and court costs arising out of any vending activities or any illness or injury resulting therefrom, and shall agree to indemnify and hold harmless the City, its officers, agents, employees, contractors, and volunteers from and against any and all such claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful misconduct on the part of the City, its officers, agents, employees, contractors and volunteers.
(2) If the City issues a vending permit, as a condition of such vending permit issuance, permittee shall acknowledge that the use of any sidewalk is at the sidewalk vendor’s own risk and the City will not take any steps to ensure any sidewalk is safe or conducive to the vending activities.
(h) A permittee must immediately notify the City in writing of any changes to the facts provided in a vending permit application after the issuance of a vending permit.
(“Vending Permit Requirement” added 5-23-2022 by O-21459 N.S.; effective 6-22-2022.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter03/Ch03Art06Division01.pdf#page=4Fetched: 10/28/2026
