Sidewalk Vending Ordinance

New Ordinance Regarding Sidewalk Vending

On August 21, 2023, the Gilroy City Council adopted a new ordinance that regulates sidewalk vending to help protect the peace, safety, health, and welfare of the community. 

All sidewalk vendors operating within the City of Gilroy are required to display a valid City of Gilroy Sidewalk Vending Permit Registration Sticker and a valid permit from the County of Santa Clara Department of Environmental Health. 

The ordinance is effective on September 20, 2023. Here is a copy of Ordinance 2023-08. 

Permits

A City of Gilroy Sidewalk Vending Permit is required. In addition to the City permit, the following permits are needed:

Operational Requirements

• Prominently display the valid City of Gilroy Sidewalk Vending Permit Registration Sticker and a valid permit from the County of Santa Clara Department of Environmental Health.
• Vending devices shall be at least eighteen (18) inches in height. No display or selling wares on the ground.
• No animals are allowed except for a service animal.
• An accessible path must be maintained. No obstruction of the accessible path of travel for persons with disabilities, or the free flow or view of pedestrian or vehicular traffic is allowed.
• Easy-ups, tents, or similar shade structures require approval.
• No vending to occupants of motorized vehicles.
• No use of generators.
• No cooking methods that involve deep fat frying and wood-fired cooking devices.
• Sidewalk vendors must provide a trash receptacle for customers.
• Fats, grease, and oils must be properly disposed.
• No use of sidewalks or public property as storage.
• Vendors shall not connect to city-owned utilities such as but limited to electric boxes, water lines, and gas lines.

Restrictions on Placement of Stationary Vending Devices and Roaming Sidewalk Vendors:

• Vendors shall maintain at least five feet or 50% of the overall width of the sidewalk or other pedestrian path, whichever is greater, open to pedestrians.
• Vendors are not allowed on bike paths, streets, driveways, or in public parking lots.
• Vendors may not operate within twenty-five (25) feet of an automatic teller machine (ATM).

In Addition, Stationary Sidewalk Vendors May Not Operate:

• In any city park where there is a concessions agreement that exclusively permits the sale of food or merchandise by a concessionaire.
• Within three hundred (300) feet of a permitted, certified farmers’ market or permitted special event during its operation.
• Within four hundred (400) feet of a school between the hours of 7:00 a.m. and 4:00 p.m. on school days.
• Within six hundred (600) feet of any entertainment establishment between the hours of 10:00 p.m. and 2:30 a.m.

Sidewalk Vending Permit Application Checklist

At a minimum, the following items are needed to apply for a sidewalk vending permit:

• Sidewalk vendor permit application 
• Permit Application Fee 
• A Statement of Operations 
• Current City of Gilroy Business License 
• Current Health Permit 
• Current Sellers Permit 
• Commercial general liability, automobile, and workers compensation insurance policies and endorsements  
• Photos, dimensions, and a description of the vending device that will be used 
• Site plan indicating vending location.

Questions?

Please Call or Visit the City of Gilroy Community Development Department at - Gilroy City Hall, 7351 Rosanna Street, Gilroy, CA 95020; Phone – (408) 846-0451