Existing law grants a governing body of a county or city all powers necessary and proper to address matters of local concern. (NRS 244.146, 268.0035) Sections 1-11 and 15-24.5 of this bill set forth various requirements for the licensing and regulation of sidewalk vendors of food by the governing body of certain counties and cities. Sections 2 and 16 of this bill provide that the provisions of sections 1-10 and 15-25 of this bill apply only to a county whose population is 100,000 or more (currently Clark and Washoe Counties) or to a city in a county whose population is 100,000 or more. Sections 3 and 17 of this bill define the term “sidewalk vendor.” Sections 7 and 21 of this bill: (1) authorize a governing body of a county or city to adopt an ordinance regulating sidewalk vendors; and (2) require the governing body of a county or city that adopts such an ordinance to post on its Internet website a map of the areas where a person may engage in the act of sidewalk vending. Sections 7 and 21 also prohibit a governing body of a county or city from, with certain exceptions: (1) enforcing or enacting a complete prohibition on sidewalk vending; (2) imposing criminal penalties for the act of sidewalk vending in a residential area; or (3) regulating sidewalk vendors, except in compliance or substantial compliance with the provisions of this bill. Sections 7.5 and 21.5 of this bill prohibit a person, with certain exceptions, from selling food, beverages or merchandise upon a public sidewalk or pedestrian path from a conveyance within 1,500 feet of: (1) a resort hotel; (2) certain event facilities; (3) certain convention facilities; and (4) a median of a highway, if the median is adjacent to a parking lot. Sections 7.5 and 21.5 authorize, with certain exceptions, a person to sell food, beverages or merchandise within 1,500 feet of such a location if the area is zoned exclusively for residential use. Sections 8 and 22 of this bill authorize a governing body of a county or city to require that a sidewalk vendor: (1) hold certain state and local permits or licenses; and (2) submit certain information to the county or city. Sections 9 and 23 of this bill provide that an ordinance adopted by a governing body of a county or city may, with certain exceptions, impose additional requirements regulating the time, place and manner of sidewalk vending. Sections 10 and 24 of this bill authorize a governing body of a county or city to impose by ordinance certain penalties and fines for a violation of the provisions of the ordinance regulating sidewalk vendors or for operating without any required license or permit for sidewalk vendors. Sections 10.5 and 24.5 of this bill provide that the provisions of this bill governing the regulation of sidewalk vendors by a governing body of a county or city shall not be construed to: (1) exempt a person from complying with any state or local law or regulation; (2) provide a defense to any criminal act that is not related to the act of sidewalk vending; or (3) affect certain rights of a private property owner to use or authorize or limit the use of a privately owned sidewalk. Section 11 of this bill makes a conforming change to create an exception to the authority of a board of county commissioners to regulate all character of lawful trades, callings, industries, occupations, professions and business. Existing law authorizes a local board of health to adopt regulations relating to food establishments. (NRS 446.940) Section 25 of this bill requires a local board of health to adopt regulations to establish a process for a person to apply for a permit, license or other authorization from the local board of health to operate as a sidewalk vendor and that allow a person applying for any such authorization to operate as a sidewalk vendor to: (1) pay any fees required by the local board of health using a payment plan; and (2) obtain any necessary certification as a food handler if the person does not have a driver's license or identification card. Section 13 of this bill creates the Task Force on Safe Sidewalk Vending in the Office of the Secretary of State and requires the Secretary of State to appoint nine members to the Task Force. Section 14 of this bill requires the Task Force to review existing laws governing sidewalk vending and recommend approaches to improve the laws of this State and cities and counties of this State governing sidewalk vending.

Statutes affected:
As Introduced: 244.335
Reprint 1: 244.335
Reprint 2: 244.335
Reprint 3: 244.335
As Enrolled: 244.335
BDR: 244.335