by April Corbin Girnus, Nevada Current
Clark County and the cities of Las Vegas and Reno are each in the process of establishing ordinances outlining where street food vendors are allowed to operate. Each expects to begin offering licensure within the next few months as their new ordinances pass through city council or county commissions.
But those are not the only hurdles that exist for street vendors.
Any street food entrepreneur hoping to operate by the book will also need to be cleared and permitted by their local health district. Nevada’s Task Force on Safe Sidewalk Vendors, which was set up to study the industry and recommend regulations to the state legislature and local governments, at a meeting Tuesday gained some insight into what that part of the process might look like.
Southern Nevada and Northern Nevada health districts have until 2025 to establish regulations specific to street vendors. That deadline was set in SB92, the bipartisan bill passed earlier this year by the Nevada State Legislature that mandated the state’s two urban counties allow for the regulation of street food vendors.
Until those can be established, the Southern Nevada Health District is allowing street vendors to be permitted under existing regulations for open air vendors, which apply to businesses that temporarily set up stands or tents during special events. Northern Nevada Public Health, formerly known as Washoe County Health District, is doing something similar.
Some on the sidewalk vendor task force expressed fears that the existing regulations don’t translate well to street vendors.
One requirement for open air vendors is having a handwashing sink that provides hot and cold water without the use of a manual pump.
“It’s too strict for street food vendors,” said Paloma Guerrero, a deputy public defender in Clark County and one of the task force’s nine members. “I’ve looked at other localities. That’s not something required in other localities.”
She added, “It seems to be getting away from the spirit of street food vending.”
Nikki Burns Savage, a supervisor within the SNHD specialized foods department, defended the requirements, saying they are in place to prevent foodborne illness. She said that while some areas are less strict, others have similar requirements.
Approximately 48 million people in the United States get sick from foodborne illness every year, according to the Northern Nevada Public Health. Three thousand die.
Additionally, SNHD requires these open air vendors to use a professional commissary for washing, sanitizing and storing their equipment, which must be professional grade. Street vendor food must be stored and prepared at a commercial kitchen or commissary – not at home.
Burns Savage told the task force that fees at commissaries vary depending on individual needs.
Street vendors could bypass the food storage requirement of the commissary by purchasing ingredients and bringing them directly to their cart on the same day. Inspectors visiting a street vendor would ask for receipts that prove the ingredients had been purchased that same day.
When asked for an example of a street vendor that might be able to take that route, Burns Savage suggested a hotdog or taco cart, though she later clarified that veggies (like onions or tomatoes for toppings) would need to be prepped and chopped at a commissary and not at the cart.
Task force member Teodora Tepetzi through a Spanish translator said she doesn’t believe street vendors need to use a commissary. The Clark County street vendor has been selling elotes (street corn) for more than two decades.
Tepetzi expressed confidence that her fellow food vendors would agree.
Concerns were also raised about an open air vendor requirement regarding bathrooms. SNHD requires any open-air vendor operating in one spot for longer than an hour to submit a “letter of permission” regarding bathroom access for food handlers.
Street vendors in Clark would be required to pay the Southern Nevada Health District nearly $900 for their first year of operations and around $375 annually thereafter.
Fee amounts are set by the SNHD Board of Health, not directly by SNHD, said Burns Savage when task force members raised concern about those costs deterring street vendors.
Those fees would be in addition to any business licensing fees charged by the city or county.
One provision of the street vendor bill passed by the Nevada State Legislature was that health districts offer a payment plan option for street vendors.
Make The Road Nevada Government Affairs Manager Tony Ramierez, speaking in public comment, warned the task force that restrictive parameters will result in street vendors reverting back to “the old system” of not engaging with health permitting or business licensure at all.
“It will do the opposite of what the Southern Nevada Health District is attempting to do,” Ramirez added.
The Task Force on Safe Sidewalk Vendors took no action on Tuesday but is expected to eventually craft recommendations to the state legislature and cities and counties regarding regulations.
According to Maggie Salas Crespo with the secretary of state’s office, street vendor regulators in California are tentatively scheduled to present at the next sidewalk vending task force meeting to offer “lessons learned.”
Nevada Current is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Nevada Current maintains editorial independence. Contact Editor Hugh Jackson for questions: [email protected]. Follow Nevada Current on Facebook and Twitter.
