Vending and Expressive Activity Regulations
To apply for a Temporary Commercial Vending Permit, click here.
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
Click here for courtesy Vending and Expressive Activity location maps
2027 Commercial Vending Permits
The date to submit Commercial Vending Applications has passed. At its October 13th meeting, the Port of San Diego Board of Port Commissioners (Board) directed staff to re-evaluate the Port’s Commercial and Expressive Vending Program. This direction followed more than 25 public comments at the meeting, many of which opposed, or had criticisms of, the current program. This program evaluation is expected to take several months.
Staff plans to present options to the Board on how to proceed with the commercial vending applications submitted for the 2027 Permit Cycle at its next meeting on November 17, 2026. Depending on Board direction, staff anticipates holding an Opportunity Drawing to select vendors for the 2027 Cycle in December 2026. Staff will provide updates to the vendor community as new information is available.
Current Program Timeline:*
- Tuesday, November 17: Board of Port Commissioners Meeting at 1 p.m.
- December (Date TBD): Opportunity Drawing Live Stream
- December (Date TBD): Selected Vendor Workshop
*All dates are tentative and 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 3, including the permit applicant, with valid photo IDs)
- Payment of $35 permit fee
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
- Signed Terms & Conditions document
Apply for a Commercial Vending Permit
The application period is now a TWO-WEEK submission window. Applications will only be accepted October 1 - 15, 2026. No applications will be accepted after October 15th, and no exceptions will be made.
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 2027 Commercial Vending Permit Cycle is anticipated to be held in December - date TBD. Check back on this page for updates in mid- to late November. The drawing will be live-streamed online and the results will be posted on this webpage shortly after the drawing is completed.
Opportunity Drawing Results
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 13, 2024, 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:
- Change commercial vending spaces #1 and #2 in Designated Area 1 (City of San Diego, North Embarcadero, 1700 block) to expressive activity spaces: click here to see updated maps.
- Modify the language in SDUPD Code 8.05 to clarify that no person shall place or allow any item exceeding eight (8) feet above ground in any Allotted Space and an umbrella or sunshade shall not exceed ten (10) feet above the ground.