Lawmakers are proposing a bill that would decriminalize street food vending across Nevada, a move advocates say would legitimize the practice by introducing a certification process and food safety standards while also serving as an entrepreneurial boon for migrants living in the state.

Nevada Sen. Fabian Donate, D-Las Vegas, recently introduced S.B. 92, which, if passed, would establish a pathway to licensure for prospective sidewalk food vendors. It would also create a task force within the Nevada Secretary of State’s Office to review and reform existing laws; work with vendors to implement them; and collaborate with local jurisdictions, surrounding businesses and law enforcement to ensure vendor safety and public health.

The bill was introduced March 1 to the Senate Committee on Government Affairs and was met with opposition from city governments in Clark and Washoe counties, including Las Vegas, North Las Vegas and Reno, over specific provisions. Many of those cities largely agreed they would support an amended version of the bill, which would only require municipalities within Clark and Washoe to create licenses for vendors.

Committee chair Sen. Edgar Flores, D-Las Vegas, said governments around the world have regulated street food vendors for decades and that it’s time Nevada established statutory language legitimizing the practice.

“It sounds very complicated, but street vending has been around for a very long time,” says Flores, who belongs to the Nevada Latino Legislative Caucus along with Donate. “It’s all over the world. It’s not rocket science. … I grew up seeing it every single day, [and] it’s right now happening in an unregulated manner. ”

In his presentation to the committee, Donate cited a report by industry research firm IBISWorld showing that street vendor employment has grown more than 10% per year on average over the past five years, and an increase last year alone of 12.9% to an estimated 53,592 street vending businesses nationally. In Nevada, Donate said, street vendors are overwhelmingly Latinos, mostly from immigrant backgrounds.

That means the status quo leaves these vendors vulnerable to confusing citations depending on where a vending stand is located, along with harassment from law enforcement, Donate said.

That has led to instances in which vendors have had equipment confiscated by local health districts or police officers, said Jose Rivera, a community organizer with Make the Road Nevada—a nonprofit that advocates for Hispanic and immigrant advancement across the state. That has sparked fears a vendor could be arrested or deported for trying to make a living, he said.

“Legalizing street vending through S.B. 92 would bring significant benefits to street vendors and all stakeholders,” Rivera said. “Consumers will have regulations that protect their health, and street vendors will have a chance to continue earning a decent living.”

Donate pointed to states like California and New York, which have in recent years passed legislation regulating street food vending. He also noted smaller states like Arizona, Utah and Florida, which have also taken action to regulate mobile food vendors and food trucks.

The bill would create criteria for the Secretary of State’s office to dispense business licenses to street vendors and prohibit the Clark and Washoe’s county commissioners from imposing criminal penalties for sidewalk vendors or imposing any “unduly restrictive” requirements designed to solely hinder street vending operations.

Under Donate’s amended version of the bill, however, county commissioners can approve distance restrictions prohibiting vendors from setting up near gaming establishments, brick-and-mortar restaurants, child-care facilities, election polling places and other recreational facilities. That’s in addition to any pedestrian malls or entertainment districts, such as certain downtown areas.

The amended version of the bill would also allow health districts to create a certificate program underneath pre-existing permitting structures to educate vendors on food safety regulations. The health districts could also create a tiered system for licensing vendors, whether they are simply dispensing prepackaged food or beverages or preparing and cooking raw food.

Sen. Lisa Krasner, R-Carson City, wondered aloud how any certification would be outwardly presented to consumers. She also asked how consumers could know for themselves if the vendor from which they are buying has had past licensing infractions.

“I’m thinking, what if it was me and I wanted to buy some of the food—how would I know? I can go to a restaurant and see that they have an ‘A’ rating; they’re clean, the back behind the kitchen is clean. … How would I know the food from these roaming street vendors is safe?” Krasner asked.

Chris Ries, a government affairs liaison with Metro Police, testified in opposition to the bill due to concerns regarding overcrowding, or because the bill as written would decriminalize all street vending, making it more difficult to stop unregulated vending.

“S.B. 92 looks to decriminalize street vending across the board,” Ries said. “In doing so, officers would not be able to compel any person to identify themselves, making it nearly impossible to issue a citation, and thus eliminating any incentive to stop unregulated vending in residential areas or in the resort corridor.”

The bill also drew more than 50 people for the hearing, at the Legislative Building in Carson City and the Grant Sawyer building in Downtown Las Vegas. Vendors, advocates and migrants all urged lawmakers to advance the bill.

“[This bill] is a great starting point to open opportunities for many Nevadans,” said Eddy Diaz, a strategic director for the LIBRE Initiative, another nonprofit that advocates on behalf of Hispanic people living in the U.S.

“Whether it is street-food vending, food trucks, or brick-and-mortar restaurants, we should work to have an economic system that makes it easier to grab hold of the economic ladder and rise,” Diaz continued. “Latinos, like everyone else, should have the ability to succeed and contribute to their communities and live meaningful lives.”

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