The San Francisco Board of Supervisors today voted to approve a new ordinance regulating street food vendors, despite concerns raised by vendors — many of whom work in the Mission District — that the law’s requirements are too costly and will force them either to go out of business or flout the law entirely.
The ordinance brings the city into compliance with 2022’s SB 972, a state law that went into effect three years ago.
It passed without any objection from the 10 supervisors who were present. District 9 Supervisor Jackie Fielder, who helped negotiate a waiver of permitting fees for most vendors, was not in attendance.
Fielder’s office did not reply to a request for comment.
“Honestly, we’re really scared. This affects all of us. We’re small vendors just trying to survive and take care of our families, and now we’re being asked to come up with money we don’t have,” said Andrea Guirola, who sells fruit and aguas frescas at the two Mission BART plazas.
“The stress is overwhelming. How are we supposed to come up with almost $20,000 for a cart? How are we supposed to do that?”
Under 2022’s SB 972, the state recognized compact mobile food operations — like a pushcart, wagon, pedal-driven cart, stand, rack or any other nonmotorized conveyance — as its own separate category.
The law essentially decriminalized street-food vending in California, giving small-time food vendors who had operated outside the law the opportunity to become legitimate.
SB 972 aimed to ease the permitting process for street-food vendors, many of whom are immigrants, as well as reduce unpermitted vending and protect public health. But it also required municipalities to draft their own ordinances detailing permitting, regulation and enforcement.
Some counties adopted something called Microenterprise Home Kitchen Operations (MEHKO) — a set of rules that allow street vendors using a home kitchen to comply with state law without significant new expenses.
Santa Cruz, Monterrey, Santa Clara, Sonoma, Alameda, San Mateo and Contra Costa are among the counties that adopted MEHKO.
San Francisco was not among them. It wrote its own regulations, and did not include the MEHKO category.
That means that, in order to operate with a permit, most street vendors selling fresh or hot food must, at minimum, have a pushcart with a washing station, and do the majority of their food prep in a licensed commissary kitchen.
Representatives from the Food Vendor Committee, a group representing more than 60 vendors in the Mission District like Guirola, said the new rules will hurt them.
“We’re disappointed the City moved forward without ensuring real pathways for vendors to comply. We support legalization, but it has to work in practice,” wrote Carina Rodriguez, an organizer with Nuestra Causa, a Mission District nonprofit that works on political education and civic engagement, in a statement
“Our collective focus now is on implementation, making sure this policy protects long-time vendors, creates opportunities for new ones, and lifts people up rather than pushing them out.”
Rosi Villanueva, who sells pupusas and warm drinks at 24th and Mission streets, had hoped the city would adopt MEHKO before the ordinance came before the full Board of Supervisors.
It could still happen, but will require multi-agency cooperation between agencies like the Department of Building Inspection, the Department of Public Health and the fire department.
Until that happens, street vendors still have to come into compliance.
“Our economic future is uncertain. We don’t know how we’re going to cover these costs or how we’re going to survive. But we will keep fighting to make sure we are not simply pushed out,” said Villanueva.
Vendors also pointed at what the city of Los Angeles did after adopting its own ordinance to support their vendors. Los Angeles launched a $2.8 million vending-cart program designed to help 280 street vendors to obtain carts that comply with the new code.
Los Angeles also started adopting MEHKO in November 2024.
The San Francisco ordinance will go before the full board for a second reading on April 7. The mayor will then have 10 days to sign it.
“or flout the law entirely”: this is a hallmark of the Mission the offices of Jackie Fielders and Santiago Lerma continue to endorse.
If the BOS had handled all the illegal vending (and the dreck it brought to the Mission Street corridor) during COVID- we might be in a different place now.
Compliance with food safety and tax regulations should not be optional in a civilized society.
If you make a law too burdensome (like requiring street vendors of fresh fruit to cough up $20k out of nowhere) people will flout the law. I don’t think pupusa vendors are a problem, let alone something that M
brings “drek” to the mission corridor. I don’t know how anyone could think that. The city should adopt MEHKO just like other counties have. Jesus Christ some of you are deeply anti-social.
I’ve seen some questionable sights while passing these vendors that makes me pause when it comes to sympathy. They either do not know or do not care enough about the customers. That said, on two occasions that I had and almost had a hot dog. 1. I spent $6.00 for a hot dog that was decent. In fact, I might have enjoyed it more if I had not of eaten it so fast. 2. I ask how much? The lady said, “$9.00.” I gave her a look and she then said, “$7.00.” If you either don’t know the price you want or are testing how much you can get, I will gladly starve. That said, minimum safety/health standards are a must. So why the fuss?
“or flout the law entirely”
Isn’t that what they’re doing already? Guess they’re about to learn how hard it is for every other small business in S.F. that follows the laws.
This is another example that the mayor and most of the BOS hate poor people and want them to be invisible. It is scandalous that there is an easy fix, the MEHKO rules, rules that LA, Santa Cruz, Monterrey, Santa Clara, Sonoma, Alameda, San Mateo and Contra Costa counties have adopted but our leaders in San Francisco have not. Why?
They don’t want people of color, people scraping to get by, to be visible on the streets of our “world class” city.
A pox be on City Hall.
It’s called investing in your brand not to complicated. Invest in your brand and stop sending all the monies back to there homeland .
We enact health regulations to prevent illness. Inability to “afford” a cleanliness standard is not tolerable.
This is another Front of the Anti-Traditional SF War !!
The War on Fun was really lost in the Battle on Castro Street where a crowd of a Million Screaming Party Hounds was reduced to ten thousand purring kitties.
The continuing clashes large and small in the Rent Sector continue to deplete old San Francisco of dancers and artists and musicians and writers …
“The best friend of art is cheap rent.”
Charles Bukowski said that.
Now, they go after the Authentic areas of our town …
They stage a huge raid on the ‘Dolores Street Hill Bomb’.
They ban legal vendors from selling at Mission BART station roofs.
They raid last year’s Mission 4th of July street parties with storm troopers led by the guy who led the attack on the Mission teenagers at the Hill Bomb.
They replace a native born Reform minded female Police Captain at Mission Station with a Lieutenant off the Mayor’s personal bodyguard team (we’ve seen them show their colors more than once) who is on the infamous Brady list meaning he’s unfit to testify in Court because he cannot be believed.
Now, they go after the Food Vendors to try and take away that plate from our San Francisco Banquet.
What’s next, the Journalists who disagree ?
All of this is under Daniel Lurie.
Who, last I read had 76% approval rating.
Christ, that’s better than Mickey Mouse.
Go Niners !!
h.
Oscar,
Sorry, but I forgot to put this in my comment just now on Mods attack on SF Values …
And, they are now trying to deprive High Class Legal Representation of the Poor !!!
It really is a Multi-Front effort that has the looks of a Rich guy’s Techie turning to AI for a War Plan against Fun and Art and on and on …
h.