Are There More Food Trucks and Street Vendors in Town?
Recently, I’ve heard people mention they are seeing more food trucks and street vendors around town and specifically in the downtown area. Some are happy about it and some are not. In this post, I’ll briefly discuss this and what I can find out about the local laws and local feelings about street vendors and food trucks. Hopefully people will comment and add to the discussion.
I’ll also discuss my interaction with the city related to a specific food truck parked on weekends at the gas station on Spring Street and 12th Street. This truck caught my attention and also the attention of others, and I attempted to understand how the city could allow it to operate as it is in that location. As many of my city observations presented on this site will be, this discussion will touch on the difficulty that can arise when trying to talk with the city, and how difficult it can be to get a straight and precise answer or any response at all from the city.
One reason for an increase in street vendors could be the passing of CA State Senate bill SB-946 in 2018. In effect, it decriminalized street vending and limited the restrictions that could be levied by the local authority.
It’s not clear why we are seeing an increase of food trucks in the city, but the trucks seem to be doing a reasonable amount of business. So, I assume they are offering a good product at a good price. Over the years, I’ve heard some residents complain that the cost of food at the local restaurants is too high for their budgets. The food trucks may be selling food for less and at a price more to the liking of some local customers.
Both the street vendors and food trucks may also have the added benefit of convenience over a traditional restaurant.
I enjoy some food trucks and there have been a couple in town that I have patronized on more than one occasion.
The City of Paso Robles Municipal Code—Sidewalk Vendors and Food Trucks
In the Paso Robles Municipal Code, 21.91.200, definitions:
Sidewalk Vendor. A person who sells food or merchandise from a vending vehicle (including a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance), or from one's person, upon a public sidewalk or city park consistent with Subsection 21.20.040(B) and California Government Code Sections 51036 through 51039.
And in an excerpt from Municipal Code 21.20.040, Uses requiring special regulatory provisions
D. Sidewalk Vending. Sidewalk vendors are subject to the following provisions:
Sidewalk vending is permitted only on paved sidewalks within the public right-of-way and city parks.
Sidewalk vending shall not block the accessible path of travel nor curb ramps.
Sidewalk vending is not permitted within parks with a concession agreement.
Stationary vending is not permitted in residential zoning districts.
Sidewalk vendors shall have a valid city of Paso Robles business license.
No motorized vehicles are permitted on city sidewalks or within parks.
Carts, tables, and other equipment and supplies shall not be left unaccompanied nor stored in the public right-of-way or parks overnight.
Food Trucks are defined in Municipal Code, section 21.91.070:
Food Truck. A vending vehicle selling food and/or beverages in an operable motorized coach or trailer with current department of motor vehicles registration and a current food safety permit acceptable to the San Luis Obispo County Environmental Health Services Division.
Food Trucks, regulations are described in 21.69.120, including:
D. Operational Requirements for Food Trucks. All food trucks shall comply with the following requirements:
Private Property. Food trucks shall operate only on private property with an existing commercial use and only as an accessory use to an existing business.
Written Approval of Owner. The written approval of the owner of the location shall be obtained. A copy of this approval shall be provided to the zoning administrator with the permit application, prior to operating at the location. The vendor shall maintain proof of the owner's approval in the vehicle. The person operating the food truck shall present this proof upon the demand of a peace officer or city employee authorized to enforce.
Permanent Surface Parking. The food truck shall only be stopped, standing, or parked on a permanent surface paved with concrete, asphalt, or similar as determined by the review authority.
Litter Removal. Each vendor shall provide adequate garbage receptacles accessible to customers for disposal of garbage. The food truck and surrounding property shall be maintained in a safe and clean manner at all times. The mobile vendor shall remove litter caused by its products from any public and private property within a twenty-five-foot radius of the food truck's location.
No Discharge of Liquid. The vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into city streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.
Temporary Shade Structures. Temporary shade structures shall be removed whenever the food truck is not in operation.
Noise. The vendor shall be subject to the noise provisions set forth in Chapter 21.82 (Noise). The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. The vendor shall prohibit loitering at the site and shall control noisy patrons on-site and those leaving the premises. No amplified music or loudspeakers shall be permitted.
Hours of Operation. Food truck vending hours shall be established by the review authority with the required permit.
Business License Required. The vendor shall have a valid business license issued by the city pursuant to Municipal Code Title 5 (Permits and Regulations). As part of its application for a business license, the vendor shall furnish to the city evidence of insurance, as deemed acceptable in the reasonable discretion of the city, against liability for death or injury to any person as a result of ownership, operation, or use of its food truck.
Health Permit Required for Food Sales. Vendors operating a food trucks shall have a valid permit issued by the San Luis Obispo County Health Agency. All required county health permits shall be in the possession of the mobile food vendor at all times during which it operates within the city.
Fire Department Inspection. All food trucks shall be inspected and approved by the Paso Robles Fire and Emergency Services Department prior to issuance of its initial business license and from time to time thereafter in the discretion of the Paso Robles Fire and Emergency Services Department. At a minimum, all cooking equipment producing grease-laden vapors shall be protected by a UL 300 listed automatic fire extinguishing system. A Class K fire extinguisher shall be provided within each vending vehicle at an accessible location. All fire protection equipment shall be properly maintained and serviced at intervals required by the California Fire Code.
Circulation. Food trucks and trailers and associated equipment (such as tables, chairs, garbage receptacles, etc.) shall not alter the circulation pattern of parking lots nor shall they be parked in restricted areas marked for "no parking", "fire lane", etc.
Egress. Food trucks shall not block egress from a building.
Equipment Storage. Food trucks and associated equipment shall not be stored overnight at the location of vending.
Conditions of Approval. Food trucks shall comply with all conditions of approval required by the review authority approving a temporary use permit, site plan, or conditional use permit.
I stated earlier that I have patronized a couple of food trucks in the city. After reviewing the requirements during the writing of this piece, it appears to me now that each of those food trucks may have been violating the municipal code. They may have been violating either the private property requirement or specifically the private property requirement with respect to being ‘an accessory use of an existing business’ (21.69.120: D1). Or they violated the requirement to be parked on a ‘permanent surface’ (21.69.120: D3). But I never considered these trucks to be a problem. The following truck, on the other hand, seemed enough of a concern for me to inquire with the City of Paso Robles Code Enforcement Department.
Food Truck on Spring and 12th Street
The food truck that started appearing in the month of May, maybe early June, at the gas station on Spring and 12th Street caught my attention and some discussion from others on social media. It’s a large truck, but it’s the location that got most of the attention. The corner of Spring and 12th Street is right in the heart of downtown at maybe the busiest intersection in downtown. The truck faced directly towards Spring Street adjacent to the sidewalk. See Figure 1.
Figure 1: Food Truck on corner of Spring Street and 12th Street, downtown Paso Robles
As you can see in the photo, the truck was positioned so customers had to queue on the public sidewalk to order. When I first saw the truck, customers were queuing along the truck or waiting for food and blocking the sidewalk. The vendor has also placed tables and chairs in the common area along the sidewalk.
My initial concern was how the customer queue for the truck blocked pedestrian travel. I was there walking my dog and purposely avoided that route as my dog is skittish around people, especially crowds of people. But I was also thinking of anyone with mobility problems, possibly using a ‘walker’ or a wheelchair to aid their travel. Would the crowd of people clear the way? The tables on the lawn adjacent to the sidewalk only compounded the problem.
Some people on social media were concerned because this truck is parked just feet away from active gasoline pumps. In fact, the truck is just adjacent to the filling bay where vehicles will pull into to be filled with gasoline—all just feet from the food truck.
Later, I saw that the truck had a gasoline or propane generator on the back side. This generator was operating and I found it very loud when standing next to it in the fuel station filling bay. See Figure 2. This is a brand of generator sold at Harbor Freight stores. I looked it up and found the safety regulations for the unit. A diagram from those regulations is shown in Figure 3.
Figure 2: Gasoline/Propane Generator Operating on Back Side of Food Truck in Gas Station Fueling Bay
Figure 3: Generator Manufacturer’s Safety Diagram — from the Harbor Freight website
The following text is from the email exchange between me and City of Paso Robles Code Enforcement. The City of Paso Robles City Manager replies briefly with an email June 28th after I cc’ed him on the email with my safety concerns.
Despite my claims of possible municipal code violations and safety concerns, the truck has continued to return on weekends. I did notice that on the weekend of July 5th (Saturday) that the tables and chairs were no longer set up on the public property. Other than that, it appears the food truck is still operating on this corner in this location and with the generator.
So then, I have to assume the City of Paso Robles disagrees with my claims of a Municipal Code violation and existing safety concerns. Sadly, they can’t simply communicate and explain that to me directly in an email or a phone call.
However, I have stopped patronizing this fuel station over concerns for my safety as well as the noise and loss of convenience when the truck is there in that fueling bay. I’d already stopped fueling at this station as often as I had because for some reason, they cut off my credit card purchases at $75.00. That will often leave me approximately $10.00 short of filling the fuel tank in my vehicles. An inconvenience that began to annoy me.
I have to mention too—I find it ironic that a food truck of this size can be plopped down so casually in this prime downtown location. First, I believe it interferes with the many established brick-&-mortar restaurant businesses within walking distance of the truck’s location; that includes Mexican restaurants serving similar food. And second, if you’ve ever witnessed the Planning Commission review a new building, storefront design, or even just a sign change—they are quite rigorous about the appearance; almost, in my opinion, to the point of nit-picking. So it seems strange to me that a food truck as large as a storefront can just show up in this location without any apparent scrutiny regarding its appearance and fit with the area. Oh well—that’s just one of many contradictions that exist in the City of Paso Robles.
June 8, 2025: First Email Sent to Code Enforcement re: Food Truck
Later on the following Monday, when I didn’t hear back from Code Enforcement, I did call them on the telephone to discuss the matter. We discussed the situation and some of the laws affecting food trucks. It was my understanding that Code Enforcement would take a closer look at the food truck and its setup with respect to the public property.
June 24, 2025: Second Email to Code Enforcement re: Food Truck
June 28, 2025: Third Email Sent to Code Enforcement re: Food Truck
June 28, 2025: Email from City Manager Chris Huot re: Food Truck
June 30, 2025: Email Received From Code Enforcement re: Food Truck
June 30, 2025: Final Email Sent to Code Enforcement re: Food Truck
