Outdoor Vending

Outdoor vending is regulated both by the City of San Jose and Santa Clara County Health Department. Below is a snapshot of the various regulations.

Food Sales

Are you selling food?

You may need a permit from the Santa Clara County Department of Environmental Health. Information is online here.

Are you selling whole, uncut, fresh fruits and vegetables?

If you are selling on private property, see San José’s special rules for Vendors of Whole, Uncut, Fresh Fruits and Vegetables.
You do not need a County Environmental Health permit as long as the fruit is whole and uncut.

Are you selling packaged ice cream products?

See San José’s special rules for Ice Cream Vendors.

Location: Where are you Selling?

Private Property (Parking Lot, a Shopping Center, etc.)

All Vendors Except Those Selling Fresh, Whole, Uncut Fruits and Vegetables

If you are going sell for more than 2 hours, you will need an Administrative Permit. Permits are issued by the San José Planning Department.
You must have written permission of the property owner
You cannot sell in Residential or Commercial Office zones
You may sell during the hours that the adjacent business is open, or between 6 a.m. to 10 p.m.
You must have access to a bathroom and a sink for handwashing
Your vending area must be:
- 150’ from a residence
- 500’ from another vendor
- 15’ from lot line or public right-of-way
- Detailed regulations are online here

Fresh, Whole and Uncut Fruits and Vegetables Only

If you are on a property in a Non-Residential Zoning District:

You can vend without a permit from the Planning Department if you meet the following requirements:
- Selling only fresh, uncut, whole fruits and vegetables and no other products
- You must have written authorization from property owner
- You must have access to bathroom and handwashing facilities
- You may vend between 7 a.m. to 9 p.m.
- Your selling area is 50’ from residential uses

If you are on a property in a Residential Zoning District:

You may vend Fresh, Whole and Uncut Fruits and Vegetables at churches, libraries, schools, and other government buildings with permission of the property owner.
You do not need a permit from the Planning Department if you meet the following requirements:
- Selling only fresh, uncut, whole fruits and vegetables and no other products
- You must have written authorization from the property owner
- You must have access to bathroom and handwashing facilities
- You may vend between for 8 hours maximum per day
- Your selling area is 50’ from residential uses (except in the case of a mixed-use building)

The checklist for Vendors of Fresh, Whole, Uncut Fruits and Vegetables is in the Municipal Code under section 20.80.820 - Exception - Administrative permit.

Public Property

Everyone selling on sidewalks or other public property must get a permit from San José Police Department
- Requires a criminal background check
- Council suspended requirement for permit in 2015 during review of ordinance. Reinstated March 1, 2016

Mobile Vendors (Food Trucks, Pushcarts, etc. That Are in Motion)

Must have permit from SJPD
Must move every 15 minutes
Must move 500’ from last spot
Cannot stop to vend within 500’ of a school
Cannot vend within 200’ of another vendor
Cannot trespass on private property

Detailed regulations are online here.

Fixed Location (Food Trucks, Pushcarts, etc. That Stay in One Place)

SJPD must approve location and issue permit
Site size: 100 square-feet max
Limited to sidewalk portion of public right-of-way
Must be 150’ from Residential Zone or Use (except in Downtown)

Detailed regulations are online here.

City Manager's Regulations for Approved-Location Vendors on Public Property

Vendors who wish to sell in a fixed location in the public right-of-way (i.e. operate a hot dog cart on a sidewalk) need to get a permit from the police department. The City Manager's Regulations for Approved Location Vendors outline the rules and criteria for these vendors. The regulations are here.

Free viewers are required for some of the attached documents.
They can be downloaded by clicking on the icons below.

Acrobat Reader