Op-Ed: The Unintended Consequences of Illicit Roadside Food Vending

SY Taco Stand #3 (Courtesy)

By Joan Hartmann (3rd District Santa Barbara County Supervisor)  and Gina Fischer (3rd District Chief of Staff)

As a County Supervisor, constituent concerns are a top priority, especially those that address community health and safety. Since the start of summer, my office has been inundated with complaints about pop-up roadside food vending—particularly taco operations in the rights-of-way along State Highways 246 and 154. The pop-ups amount to an outside restaurant. Big vans come around to unload equipment such as a cart, tables, a shade structure, a propane or charcoal grill, possibly a flat top griddle or trompo, condiments and maybe even bright lights and loud music. They drop off someone to cook, and then drive away to the next location, not returning for pick-up until late in the night.

The surge in this illicit activity results from a new state law, Senate Bill 972, which took effect in January 2023 and completely decriminalizes roadside food vending. It prohibits misdemeanor or infraction offenses, allowing only administrative citations with limited fines. While SB 972 intended to increase opportunities for micro-entrepreneurs, instead we have seen an influx of large syndicates from Los Angeles coming to our area.

These pop-ups operate without local permits, hand washing and sanitation facilities, or refrigeration for the meat they cook, clear food safety violations that risk outbreaks of serious foodborne illnesses. The County’s Environmental Health officers have repeatedly issued administrative citations, but with little effect. Citing the responsible party is difficult because those cooking often have no identification. Administrative fines are ineffective because it is difficult to take people to court if they don’t pay. Even with citations and confiscation of equipment, the pop-ups start operating again the next day or even in the next few hours.

Food safety isn’t the only concern. The pop-ups frequently use open flames and propane along the roadside, next to dry brush, without regard for fire safety. Constituents have sent images of hot grease and food waste dumped on the ground.

I am particularly worried about the traffic hazards posed by roadside vending. The pop-ups often set up in high-traffic areas, including busy intersections where foot and vehicle traffic converge or along roadside shoulders that should be providing space for drivers to take evasive action but are now occupied by the equipment, tables, and cars of customers. Cars double-park in traffic lanes and pedestrians dash across busy highways to get to the pop-ups. They are an attractive nuisance that sooner or later will lead to a tragic accident.

Illicit roadside vending also poses unfair competition to locally certified and permitted food trucks as well as brick-and-mortar food businesses, including Microenterprise Home Kitchen operations (MEHKOs), many owned by small-business people like those SB 972 sought to aid. These entrepreneurs play by the rules—paying for permits, undergoing regular health inspections, contributing to the local economy with the ingredients they purchase and the taxes they pay. Our neighbors who have invested time, labor and money into their businesses are being undercut by illicit vendors who do not face the same costs.

This is not just a 3rd District issue, it is happening in our cities and throughout our state. Santa Barbara Mayor Randy Rowse and I are convening a task force of the state and local agencies to determine how we can better leverage layers of government to curb illicit roadside vending. Next we will make a public presentation before the Santa Barbara County Association of Governments (SBCAG Board) which includes representatives from all eight of our County’s cities and all five supervisors.

We must all work together to solve this problem. I strongly encourage people to forgo the illicit pop-ups and instead frequent our local, certified food trucks (look for a Santa Barbara County Environmental Health sticker on the back window) and brick-and-mortar restaurants. I also suggest registering concerns with the Governor’s office, and being on the look-out for the upcoming SBCAG meeting where this issue will be discussed in fuller detail.

Together we can better ensure that the food sold to the public is safe, that roadways remain as safe as possible, and that small, local businesses don’t face grossly unfair competition. If we don’t address this issue now, the problems will only grow to the detriment of both the consumers we are trying to protect and the entrepreneurs we are trying to protect.


Op-Ed’s are written by community members, not representatives of edhat. The views and opinions expressed in Op-Ed articles are those of the author’s.
[Do you have an opinion on something local? Share it with us at info@edhat.com.]

What do you think?

Comments

2 Comments deleted by Administrator

Leave a Review or Comment

64 Comments

    • Councilmember O. Gutierrez was probably the loudest, strongest voice in favor of the pushcarts that would be uploaded in LA to come here. They maybe provided a few below-minimum-wage jobs for a few locals, but most were for out-of-area folks. He also supported the larger scale eats. No that the city has gotten what he wanted is he now rethinking?

    • ANON – thank for providing some helpful information on this! If that’s the case, then ok…. I can start seeing the problem.

      I get it, I’m not as concerned about this as others. I respect other people’s views on this, but just could not get around the whole, “if you don’t want to risk it, don’t eat it” concept. Especially when it seems there’s only a few such operations.

      But…. if we have outside groups who are not buying ingredients/supplies from local shops and are not contributing to our other local business by paying sales taxes when they’re not working the food stands, that does change my view a bit on this.

      I’m glad we have this forum to discuss local issues like this!

  1. I can walk down the street and get great food, super cheap at one of these, or I can drive somewhere, deal with ebikes, e-scooters, etc, deal with road construction, deal with parking (been to the Funk Zone lately?), lose my parking spot at home and worry about parking when I get back to my overcrowded neighborhood (yes, that’s a thing in West Side and East side neighborhoods), and pay more.

    Look at the big picture–SB City government’s poor planning and execution, combined with inflation have their constituents looking for easier options, and these vendors offer an inexpensive, convenient alternative to spending out money elsewhere. They wouldn’t be popping up as described if we weren’t using them. And we wouldn’t be using them if they weren’t a good option for us.

    Randy Rowse posts his op eds every so often, complaining about the city council. City council can’t get on the same page themselves or the mayor to fix local issues. City should focus on more important issues than people hustling to make a few bucks in a free market economy.

  2. I wonder how many complaints they get from the thousands of locals who actually eat this amazing food? I bet not much.

    How, exactly, do these pop ups harm those who don’t eat there? And no, they’re not competing with restaurants. No one was planning to go sit down with the family and pay for a meal at a restaurant and then were like, oh hey, let’s just get street tacos instead. This is food for those who WANT street food.

    Again, no one is forcing anyone to eat these. Why can’t we live and let live? Oh yeah, it’s Santa Barbara…..

    • The two big ones I have seen are Milpas and Montecito and on Mission by San Pascual. I have seen other smaller ones on upper State. Having said that, they are really good. I think the exhaust from passing cars make them taste better or something.

        • Oh, so it’s YOU who is just here to be “pointlessly argumentative.” Got it, DAL.

          Seriously though, what does Harmann’s district have to do with any of this? I read the article and I’m simply trying to understand how prevalent this problem really is and voicing my opinion that it doesn’t seem (to me at least) to be the rabid scourge that so many here and on Nextdoor make it out to be.

          You seem to be always so aggressively blinded by your (mis)conceptions of what others are saying here. Maybe try a different approach?

            • DOULIE – at all times before 2002 before it became it’s own city. You must be new in town. It was unincorporated before then, but still widely regarded as part of Santa Barbara. Well, at least among every person I ever spoke to growing up here.

              • Sac – I was born and raised in SB and never knew it to be considered any “part of” Goleta. Way back when I only knew it to be an area north of town (city limits) having nothing to do with SB. I had family living in both areas. Those in the area now known as Goleta never considered they lived in any part of SB.

                I believe there’s an area north of the city limits residents refer to as “Noleta.” For some reason residents didn’t believe they were a part of Goleta. But again, never a part of SB. Google (“Was Goleta ever considered to be a part of Santa Barbara CA.”) You will read where Goleta, CA is referenced. Last sentence of this article: “Goleta, CA was not historically considered a part of Santa Barbara, CA, and remained a separate entity until its incorporation as a city in 2002.”

                • DOULIE – irrelevant to my original point. I really don’t care what you considered “around town,” but when I say “around town,” I mean SB/Goleta/Montecito.

                  I’m not doing this “I’m more ‘local, than you” BS anymore. It’s childish and irrelevant.

                  • sac – How many people would think, when anyone in SB talks to another person in SB and refers to “around town” in their discussion, they also think SB-GOL & Montecito is a part of the reference to “around town?” I’ll guess very few, if any. Of course you don’t care what I considered. You don’t care as my reported facts prove you are incorrect in your statements.

                    I only referenced my time in SB as you indicated your belief that “I must be new in town.” Again, this is not “BS,” it is a fact.; similar to the fact that SB was never considered a part of Goleta as you wrote. It appears, based on your reply to my comment you have a very thin skin when it comes to showing you, without doubt, you are incorrect in something you commented about.

                    These are two simple facts to which nothing you choose to say will change. Get over it.

                    • DOULIE – yeah yeah yeah…. irrelevant.

                      When I say I wonder how many street vendors are around town, are you saying my thoughts are limited to a certain geographic area?

                      Thanks, but I’ll say and think what I want.

                      Time for YOU to get over this. Talk about derailing…..

                    • DOULIE – You’re not going to let this go it sounds like. So, ok. Now show me where I was “incorrect in something you commented about.”

                      1) What I consider when I say “around town?” Nope, that’s not incorrect, because it’s what I THINK.

                      2) “You must be new in town?” OK, maybe you’re not, but I didn’t say you were as some here would say, “you’re not a local,” I simply pondered aloud whether you were since you asked about Goleta being considered “part of Santa Barbara.” But go ahead, I’ll own that. I was wrong (unless you’re just making this up). Bravo! You caught me making an assumption, not a statement of fact, about how long you’ve lived here. Want a cookie?

                      You’re whole entire rant here hinges on what I consider to be “part of Santa Barbara” when I say “around town.” Do you see how silly this is?

                      You’ve hardly proven anything other than we disagree on what we would consider “around town.”

                      And that’s all. Done. You feel better now?

    • TMSB – I’m sure they would be avoiding them if they were really concerned. I’ve had the worst food poisoning ever from sit down restaurants with over 4 stars on Yelp and not once from street tacos or dogs. You really never know what you’re going to get from anywhere.

    • and if so many others are continuously using their services…perhaps it’s not so bad? I have ate from their trucks several times and i have a pretty sensitive stomach….no issues whatsoever. Maybe not enough napkins, that’s my only complaint. Also the inside dining options in town are WAY over priced and directed at tourism…not locals. These trucks target us locals and they are priced fairly and provide good nutritious food.

  3. I’d like to hear what the restaurants in the area of these pop-ups think about the competition.

    Judging by the comments here, the general attitude is that the food is great, and so what if they are not licensed! But it seems very unfair for there to be licensing and health checks for some who play by the rules while others, because the food is tasty, don’t need to be licensed. How can that be justified?

    • Licensing just puts $ into the County coffers. It does nothing to insure the quality of the food. Inspections by public health inspectors do work to insure the food quality and could be done on unlicensed as well as licensed operations. The big unsolved problem is how to enforce the health inspection write-ups.

      It seems that this was an unintended consequence of a CA law. I’m sure that Sacramento will talk about this for a few years and pass another law that will also attempt to control our behavior but not really solve anything.

  4. The “they’re brown people so its OK to cheat” crowd is out in force for this one.

    Its really simple people. Enforce the laws. Evenly.

    These people are cheaters. They are cheating the system and most importantly they are stealing from those who follow the law – The actual businesses that pay taxes, fees, follow the rules and the law that pay for our society.

    These people do not pay taxes, permit fees or follow the law. They are cheaters. They lie and cheat so they can make money without paying their share. How honest!

    Health and Safety takes priority over every law in the land. This is easily solved by having the Fire Marshal shut these stands down and confiscate their illegal wares. There is no higher power in the state than the Fire Marshal.

    I for one am so tired of cheaters and scofflaws doing as they please while others are expected to follow the rules. Enforce the laws and the rules make these cheaters pay their fair share. I could care less about their “Identity” or their nation of origin, I only care about fairness and equity. And this situation is unfair and inequitable.

    Enforce the laws. Period.

  5. Funny it seems we want to enforce regulations on out of owners but not on locals. Either the food is safe (it isn’t) or it is not. Why not stop all regulation of food trucks and restaurants too, to save a lot of money. Problems of Montezuma’s revenge would be rare.

  6. I see this from a few different perspectives, the main one being that I am 1000% pro-entrepreneurial small businessperson. Good for the little guy for hustling and trying to make a buck; it’s what this country was built on, until government and anti-competition business interests stuck their noses in and cracked down.

    Yes, I know that businesses stuck in bricks & mortar don’t like it, but they have the option of changing their business model to one that doesn’t hand over all their hard-earned money to a commercial landlord. If anything they should be the first ones stepping up to support these vendors; they provide a completely different experience and their existence provides a potential alternative for the business owner stuck in a commercial space handing over the lion’s share of their earned income to a landlord. Dig deep enough and there will be commercial landlords behind these pushes for criminalization and excruciating overregulation. They’re losing all that NNN rent money if Joe or Jane Q street vendor owns their pushcart and is doing business on a public sidewalk. That’s a big motive to criminalize those people and force them into renting commercial spaces.

    There is a huge component of “concern” that always gets voiced in these arguments in favor of crackdowns, more permits, licenses, taxes…in other words, money. The idea that money isn’t being handed over to the government or a landlord in some form is what stirs these people up MUCH more than “safety”.

    At their core, these people don’t care about safety, they care about money, and about that money being funneled into their pockets. The vendor works and pays for the jelly donut, and the landlords and local governments get to eat it. It’s a more sophisticated version of the neighborhood goon and his baseball bat, extorting “pay to play” money from hardworking business owners…but wrapped up in “concern for safety”.

    Worried that people from LA are coming up here? OK then, vet the vendors to be sure that they are from HERE, and leave it at that. They pay $20.00 and get their “local license” to make sure that the big dogs from LA and other corporate scammers aren’t muscling out the little guy. If the local government is SO concerned about “safety”, then protect the little guy local entrepreneurs and bring them in under the local umbrella. Problem is, it won’t stop there, once the regulators get their claws in the door, they want it all, and make it impossible for that little guy and his pushcart to afford to run his business at all.

    The very business interests from out of town that these politicians and “concerned citizens” purport to be so worried about are the only one who can afford the astronomical sums of money required to be permitted to run a business here. The little guy from the neighborhood, or the tamale lady going door to door…the very reason that they are doing this is precisely BECAUSE they don’t have money to burn, and they are trying to survive in an increasingly hostile economy.

  7. There are always people looking to exploit a loop-hole for profit regardless of the effect on everyone else, and here’s no way to legislate & enforce every possible weaselous behavior. “Only emergency stopping” signs, reward phone lines, high fines & survaillence would go a long way toward eliminating this dangerous scam in high-risk areas. It could be a bondable offense and no-pays working off the fines.

  8. Love all these free market arguments if you travel, you’d know that in every country people know how to make a buck. I’d like to see every single one of these people get a permit and a license and play by the rules that everybody else has to play by. Why wouldn’t we protect our local businesses?

Arrest Made in Double Fatal Vehicle Collision in Santa Maria

New UCSB Study Reveals Changes in the Brain throughout Pregnancy