Libby said the city has seen a “significant spike” in illegal food vendors who are operating with full restaurant‑style setups, tents, generators, lighting, tables, chairs and music, while ignoring basic health and safety laws. Designed by Freepik

 

YUBA CITY, CA (MPG) - Yuba City is preparing to step up enforcement on illegal sidewalk and open‑air vending as unpermitted food pop‑ups continue to appear across the city.

On Jan. 20, the Yuba City Council directed Development Services Director Doug Libby to initiate an update to the city’s 15-year-old vending ordinance, including strict enforcement tools, such as seizure of property, aimed at curbing illegal food operations that have been setting up on public and private property without permission.

Libby said the city has seen a “significant spike” in illegal food vendors who are operating with full restaurant‑style setups, tents, generators, lighting, tables, chairs and music, while ignoring basic health and safety laws. He described operations where raw meat hangs in the open air with no protection from insects, coolers sit without any indication that food is being kept at safe temperatures, and makeshift kitchens run without a single hand‑washing station.

“Just let that sink in for a second,” Libby said. “Think about what the brick and mortars have to put in place. Think about what even a food truck operator is required to do.”

He said many of the pop‑ups trespass on private property, violate ADA requirements, and create unfair competition for restaurants and licensed food trucks. Some vendors refuse to provide identification, making it nearly impossible to issue administrative citations or collect fines. 

“We can issue all the administrative fines we want, but we will never collect them,” Libby said. “That’s been a frustrating part for code enforcement.”

Code enforcement officers have reported shutting down the same illegal vendor more than once in a single evening.

Councilmember Toni Cole said the concerns extend beyond food safety and unfair competition. She cited reports of labor exploitation and human trafficking associated with illegal pop‑up operations in other communities.

“It’s not just anecdotal to say there’s sex and human trafficking going on,” Cole said. “These people are being used for their labor, oftentimes to pay off coyotes. I don’t think any government or civic organization can sit idly by and watch this going on. We have to get it out of here because it’s bigger than the legalities. It’s human rights violations.”

Questions also arose about protections available to property owners.

“We know what’s going on in our city,” Councilmember Dave Shaw  said. “These operations are just popping up. They’re not getting permission. They’re showing up in parking lots or in front of businesses.”

The city attorney said the answer depends on the circumstances. He explained that some vendors operate with an owner’s consent, while others trespass and set up without permission. In cases where a food truck or trailer remains on a private lot day after day, he said the city can treat it as an unpermitted permanent operation under the zoning code. Vendors who fail to move the required 600 feet between locations or who operate without permits could have their equipment removed. He added that property owners could also post “no vending” signs to help code enforcement determine whether permission was granted.

Under the draft ordinance, code enforcement officers would have the authority to seize and dispose of unsafe perishable food and impound equipment used in illegal vending operations. Equipment could be held for 30 days and released only if the owner provides proof of ownership. The city could recover storage, disposal or salvage costs from responsible parties. An appeal process would be available.

The update also incorporates state sidewalk vending laws, including SB 946, which limit how cities may regulate sidewalk vendors. Local rules must be tied to objective health, safety or welfare concerns, and violations are subject only to administrative fines. Yuba City’s draft ordinance would set hours of operation, require ADA compliance, restrict vending in residential zones and parks with concessions, and establish distance requirements from special events.

The ordinance also formalizes long‑standing exceptions for youth lemonade stands and similar low‑impact activities. Minors under 18 would be allowed to operate occasional stands without a business license for up to 25 days per year, provided the activity occurs on property they occupy or with permission from a commercial property owner. Sales would be limited to nonalcoholic items and could not block sidewalks or create safety hazards.

The proposal will move through the Planning Commission before returning to the City Council for formal adoption sometime this spring.

City Manager Robert Bendorf told the council the timeline cannot be accelerated, but enforcement will continue in the meantime.

“We are going to continue to partner with Sutter County because today they have that authority under environmental health to confiscate,” Bendorf said. “Don’t think of it as being put on hold until April. We’re going to continue to work forward. In fact, we’re trying to plan an enforcement evening in the first part of February where we could potentially do our first confiscation with County Environmental Health.”