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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.