Ordinance amending the Public Works Code in accordance with California Senate Bill 276 (2025) to authorize the enforcement of vending permit requirements through warnings, infractions, misdemeanors, and fines up to $1,000 for vending certain types of merchandise that are common targets of retail theft, on City property without a permit; amending the Port Code to conform with those amendments; making additional conforming amendments consistent with Senate Bill 276; accepting the recommendations and findings of the Public Works Director pertaining to such targeted merchandise and adopting such findings; and affirming the Planning Department’s determination under the California Environmental Quality Act.

This ordinance (File No. 251051) amends the Public Works and Port Codes to implement California Senate Bill 276 (2025), authorizing enhanced enforcement for vending specific "Targeted Merchandise" on City property without a permit. Previously, under SB 946 (2018), such violations were limited to administrative fines. Now, for selling Targeted Merchandise without a permit, vendors will receive a written warning for the first violation, an infraction for the second and third violations within 18 months, and an infraction or misdemeanor (with potential imprisonment up to 6 months and/or a fine up to $1,000) for subsequent violations within 18 months.

The Public Works Director, in Public Works Order No. 212302, identified "Targeted Merchandise" based on SFPD retail theft data from January 1, 2023, to September 28, 2025, which reported over $11.5 million in stolen property. Categories include Food and Beverages (4,930 incidents), Clothing and Personal Accessories (2,957 incidents), Cosmetics and Skin Care (1,868 incidents), Personal Hygiene and Toiletries (1,547 incidents), Laundry/Household Cleaning Supplies (1,034 incidents), Electronics and Batteries (455 incidents), Medicine/Vitamins/Tobacco Products (416 incidents), Bags/Backpacks/Suitcases (376 incidents), Currency and Cards (394 incidents), Household Goods/Home Décor (300 incidents), and Tools/Hardware/Automotive Supplies (285 incidents).

Before this ordinance, the City implemented numerous non-law enforcement measures, including opening temporary marketplaces like El Tiangue (2137 Mission Street) and La Placita (24th and Capp Street), a permanent El Tiangue site (2081 Mission Street), providing six Community Engagement Specialists in the Mission Street Corridor, offering permit fee waivers (fees capped at $25 for low-income vendors), and partnering with non-profits for support services. The ordinance includes civil rights safeguards, prohibiting inquiries into immigration status or criminal history for permits. This enhanced enforcement authority is temporary, expiring three years from the ordinance's effective date, and SB 276 itself becomes inoperative on January 1, 2031. Annual reports on enforcement data, including demographics and police actions, will be submitted to the Board of Supervisors and the California Legislature.

Residents may see a reduction in the open sale of stolen goods on City sidewalks and public properties, potentially improving public safety and sanitation. Street vendors selling merchandise identified as "Targeted Merchandise" will now face stricter penalties, including potential criminal charges and fines up to $1,000, if they operate without a permit. The permit process includes safeguards for vendors, such as low fees for eligible individuals and protection against inquiries into immigration status or criminal history.

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