Vending and Expressive Activity Regulations
Overview
The Port of San Diego (Port) manages the public tidelands of San Diego Bay in accordance with the California Coastal Act, the Public Trust Doctrine, and the San Diego Unified Port District Act (1962). In an effort to promote the public’s use and enjoyment of the Port’s parks and public spaces, the Port has created reasonable time, place, and manner restrictions on expressive activity and vending in Port District Code Section 8.05 (SDUPD Code Sect. 8.05). The Port’s Parks & Recreation department administers the commercial vending permits under SDUPD Code Sect. 8.05, and the Harbor Police Community Service Officers (CSOs) are responsible for enforcement.
click here to download 8.05 Ordinance / maps - Vending & Expressive Activity
Timeline: 2025 Commercial Vending Permits
The following timeline lists important dates and application deadlines for the Port’s 2025 Commercial Vending Permit. Be aware that dates listed below are tentative and subject to change.
- September 2024: Informational Outreach to Vending Community
- Tuesday, October 1, 2024: Commercial Vending Application Portal Opens at 8 a.m.
- Tuesday, October 8, 2024*: Board of Port Commissioners (BPC) Meeting
- Wednesday, October 9, 2024*: Public Education Workshop (in-person)
- Thursday, October 31, 2024*: Commercial Vending Application Portal Closes at 11:59 p.m.
- Wednesday, November 20, 2024*: Opportunity Drawing Live-streamed Online at 4 p.m.
- Thursday, November 21, 2024*: Workshop: Selected Vendors only (in-person)
- January 2025: 2025 Commercial Vending Permits Become Effective – Date to be Announced
*Date is subject to change
Commercial Vending Permit Application Requirements
The following documentation is required to apply for a Temporary Commercial Activity Permit for vending from the Port of San Diego. Expired documents are considered invalid and will not be accepted.
- Detailed description of all items that will be sold
- Valid photo ID
- Valid Business License or Business Tax Certificate (from the city of San Diego)
- List of Operating Personnel (maximum of 5, with valid photo IDs)
Food vending applicants must also provide:
- A valid permit from the County Department of Environmental Health and Quality
If your application is selected in the Opportunity Drawing, you will need to provide the following additional items before a permit is approved and issued:
- Certificate of Insurance
- Payment of $35 permit fee
- Signed Terms & Conditions document
How to Apply for a Commercial Vending Permit
Commercial Vending permit applications will be accepted from Tuesday October 1, 2024, at 8 a.m. until Thursday, October 31, 2024* at 11:59 p.m.
To apply for a permit, follow the steps below:
- Go to the Port’s Service Portal portofsandiegoserviceportal.force.com
- Login to the Service Portal and complete the permit application
- First time applicants will need to create a new account to get set-up in the Service Portal
- Select the Event Type “Temporary Commercial Activity” when you fill out the application
CLICK FOR THE SERVICE PORTAL USER GUIDE FOR STEP-BY-STEP INSTRUCTIONS ON HOW TO REGISTER AND APPLY
How Can I Get Help?
Get Application Help for Free
For application assistance contact Logan Heights Community Development Corporation. Reach out to them at 619.858.0563 during business hours or at info@loganheightscdc.org.
Contact the Port’s Parks & Recreation department at vending@portofsandiego.org or 619.725.6001 during business hours.
Opportunity Drawing for Eligible Commercial Vending Applications
To address the high demand from commercial vendors to operate in certain locations, the Port will conduct an annual Opportunity Drawing to assign applicants an Allotted Space within a Designated Area.
How do I Qualify for the Opportunity Drawing?
Submission of a complete permit application by posted deadlines is required to qualify for the Opportunity Drawing. The application must include all required documentation and information must be valid and complete.
When is the Opportunity Drawing?
The Opportunity Drawing for the 2025 Commercial Vending Permit Cycle is scheduled for Wednesday, November 20, 2024 at 4 p.m. (this date is subject to change). The drawing will be live-streamed online and the results and a recording of the drawing will be posted on this webpage shortly after the drawing is complete.
What is Commercial Vending?
The sale of items that have functional utility and that are not primarily communicative in nature. This includes, but is not limited to, food, handcrafts, jewelry, candles, appliances, housewares, souvenirs, hats, sunglasses, and more.
Commercial Vending Time, Place, and Manner Restrictions
- Time: Sunrise to Sunset
- Place: Allotted Spaces within Designated Areas only
- Manner: Temporary Commercial Activity Permit Required
- Noise limit: 75 LAeq 3-minute average
What is Expressive Activity?
All forms of speech and expressive conduct including but not limited to:
- Distribution of non-commercial information
- Solicitation of funds, subscriptions and/or signatures for a charity, religious organization, non-profit, or government entity
- Sale or performing of artwork, speeches, and/or performances that are inherently communicative in nature and have only nominal value apart from its communication
Expressive Activity Time, Place, and Manner Restrictions
- Time: 6 a.m. to 10:30 p.m.
- Place: Allotted Spaces within Designated Areas only
- Manner: First come, first served; no permit is required
- Noise limit: 75 LAeq 3-minute average
Enforcement and Penalties
Enforcement of SDUPD Code Section 8.05 is conducted by Harbor Police Community Service Officers and, includes the following administrative fines for violations of the code:
- $250 – First Offense
- $500 – Second Offense
- $1,000 – Third Offense and thereafter
8.05 VENDING AND EXPRESSIVE ACTIVITY ENFORCEABLE REGULATIONS - ENGLISH DOWNLOAD
8.05 VENDING AND EXPRESSIVE ACTIVITY ENFORCEABLE REGULATIONS - SPANISH DOWNLOAD
Examples of SDUPD Code Section 8.05 Violations
The list below is not exhaustive and is only intended as a resource to provide examples of potential violations.
- Exceeding the boundaries of an Allotted Space in a Designated Area
- Being set up in a location that is not an Allotted Space in a Designated Area
- Exceeding the Noise Limits
- Conducting activity outside the designated hours
- Being unable to provide proof of a Port-issued use permit
- Being unable to provide proof of a San Diego County health department permit to operate (if applicable)
Latest Vending Ordinance Updates
On November 14, 2023, the Board of Port Commissioners approved changes to the Vending and Expressive Activity regulations under SDUPD Code Section 8.05. The changes to SDUPD Code Section 8.05 include:
- Modifications to existing Allotted Spaces: click here to see updated maps.
- Allotted Spaces shall not be left unoccupied for 2 hours or more.
- Extended 2023 Commercial Vending Permits to December 31, 2023.
- Beginning January 5, 2024, Commercial Vending Permits will be valid for one year.
- Authorized Minimum Use and Occupancy Requirements, requiring permitted vendors to vend a minimum of 5 hours a day 16 days a month.
- Requiring all permitted commercial vendors to check-in and check-out each day they vend using their mobile device.