Walking into the annual Electric Daisy Carnival festival at Las Vegas Motor Speedway, one typically sees sidewalk vendors lined up near the festival entrance, serving up hot dogs and other street foods for thousands of hungry partiers. That could all change, however, following the passage of a bill meant to decriminalize the practice.

Like short-term rentals, sidewalk vending is widespread; technically, though, it’s illegal and can result in penalties for operating an unlicensed business. Senate Bill 92 was signed into law by Gov. Joe Lombardo in July, and requires Clark and Washoe Counties to establish ordinances to allow sidewalk vendors to apply for a business license and to operate legally in certain areas.

Nevada Sen. Fabian Doñate, the bill sponsor, says this hopefully will improve conditions for sidewalk vendors and their businesses, instead of a pattern of confiscation and criminalization. “Many of them are vulnerable. We hear stories of repeated harassment, intimidation, humiliation,” Doñate tells the Weekly.

But while the bill creates a pathway for licensure and legality, it also imposes restrictions on where vendors can operate. “The bill formally sets a restriction that did not exist before, that says if you are on the Las Vegas Strip or near, say, Allegiant [Stadium], you cannot be there any more,” he explains.

The law requires vendors to be at least 1,500 feet away from resort hotels, large sports stadiums and arenas, convention facilities and the Welcome to Las Vegas sign. The rule goes into effect on October 15.

“The bill was written so that, yes, these areas are prohibited. But there is an exception if the facility itself is open and welcoming them onto the private property,” Doñate says. “So if a facility like Allegiant Stadium or T-Mobile Arena or the Speedway were open to welcoming those street food vendors, [then] the prohibition would be removed.”

Violation of the distance requirement could result in a criminal, civil or administrative penalty, with the highest possible criminal penalty a misdemeanor. Doñate points out that those penalties existed even before the bill passed.

“It is already illegal to operate without a business license or a health permit if you are this type of business. … The resulting pattern is a misdemeanor. That has already been pre-established, whether you’re a street food vendor or not,” he says.

Although the rule has not yet taken effect in Clark County, officials and vendors are preparing for October. Make the Road Nevada and the Nevada Immigrant Coalition, both of which advocated for SB92 in the Legislature, hosted an August 31 town hall, in English and Spanish, to provide accurate, up-to-date information about the law and inform vendors of their rights.

Teodora Tepetzi Serrano, a sidewalk vendor in Las Vegas for 22 years, was in attendance. Through a Spanish language interpreter, she told the Weekly that she believes the bill will benefit many vendors’ businesses.

“This will help not only me, but a lot of people,” Serrano said. “My main concern is being able to work in peace with no problems with police or the health department telling me to move or throwing my things away. [That] has happened often to me. If it’s not the health department, it’s the police or even people who have gone and called the police. … So it’s a great relief to be able to work without having that.”

Phased Implementation

Clark County will introduce the first of two ordinances on September 19 to impose the 1,500-feet distance requirement. “After the introduction, the Board of County Commissioners will hold a hearing on October 3 and vote to approve the ordinance. The ordinance will be effective two weeks after its passage on October 17,” reads a statement from Clark County.

Clark County will pass a second ordinance to address licensing fees and designate zones in neighborhoods and commercial areas where sidewalk vending can take place. Per the bill, counties can also impose additional operating restrictions regarding farmers markets and other special events, and the distance requirements near schools, child care facilities, community and recreation centers, polling places, churches and parks.

SB92 requires the second ordinance to be in place by July 1, 2024. “However, Clark County is working diligently to get our second ordinance done before the July deadline,” the statement says.

In the meantime, sidewalk vending remains illegal, and vendors could be cited. Doñate says local law enforcement has been supportive of the bill, however, and is working to adjust enforcement as the bill is implemented.

“I will say that in my conversations with our sheriff, Sheriff [Kevin] McMahill understands the importance of this being a community issue. And he recognizes the value that street food vendors bring to our community. That’s why he came in and was a part of the bill signing that we had in July,” Doñate says. “We’ve worked hand in hand to make sure that we’re educating his officers, of course, of the new laws as they get implemented, new ordinances, but that we’re also protecting public safety. They’ve been great partners.”

Clark County Commissioner Marilyn Kirkpatrick was scheduled to host the first of what will be a series of town halls on September 12. She says each commissioner will host more than one such event, and adds that an online survey will be made available so the public can provide input on the ordinance regulating where street vendors can operate.

“We want to make sure there’s a balance, so that we’re not impacting existing businesses, so that we don’t have somebody setting up in front of an existing business in a residential area,” Kirkpatrick tells the Weekly. “There’s a lot of food truck people who’ve invested a lot of money into having a food truck and have had to go through a lot of hurdles. They’re not allowed at the parks. … So we just really want to take our time with that to see what those impacts may have on current business, as well as where those might be in the public right-of-way for safety.

“This is a new thing, a big thing,” Kirkpatrick continues, “and we want the entire community to have a say in how it’s going to work for all of us.”

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