September 27, 2024

Confusing and costly: With just one street vendor license issued, Clark County comes under additional fire

County Street Vendor Ordinance

Steve Marcus

People, many of them street vendors, line up to comment on a street vendor ordinance during a Clark County meeting on a street vendor ordinance at the Clark County Government Center Tuesday, April 16, 2024. STEVE MARCUS

Street vendors throughout Southern Nevada haven’t applied for a license with Clark County because the process is riddled with confusion and costly, officials with the advocacy group Make the Road Nevada said.

Only three vendors have applied for a license in the two months since the Clark County Commission passed its ordinance regulating the industry.

And only one of the businesses — Paletas y Aguas, owned by Jose Manuel Carrera — has been approved.

That means, according to the new law, Carrera is the only vendor operating legally in unincorporated areas of the county.

Simply put: The county is not providing people with enough support or information on how to get licensed, said Tony Ramirez, a government affairs manager at Make a Road Nevada.

“You do this first ordinance so wrong, which the county has done, then (the) whole institution is going to be a little too overwhelming for street food vendors and they’re not going to access the licensing process,” Ramirez said. “They need to go out into the community. Unfortunately, by passing this restrictive ordinance, they now need to go 90% of the way and meet these people where they’re at, and show them step by step how to go through the process.”

The county’s action is in response to the 2023 Nevada Legislature’s passage of Senate Bill 92, which directed individual jurisdictions throughout Nevada to create requirements for licensing and regulation of street vendors. It went into effect April 30; the city of Las Vegas’ proposal hasn’t been heard by the city council.

To operate a street food stand in unincorporated areas of Clark County, sellers would need to apply for a business license, obtain permits from the Southern Nevada Health District and Nevada Department of Taxation and provide proof of liability insurance. This could cost about $1,200 the first year alone, Ramirez stressed.

Street vendors in April expressed to the Sun that the rules were “overly restrictive,” especially the distance requirements that ban sellers from areas like parks, schools and churches. They aren’t permitted within 1,500 feet of entertainment venues like Allegiant Stadium, or 1,000 feet from schools and churches.

Clark County has hosted town hall meetings to inform business operators of the new ordinance, licensing requirements and health rules. They also used it as a way to collect feedback from the street vendor community before the ordinance was passed this year.

Officials from Clark County say street vendors interested in beginning the licensing process or currently going through the steps are able to access the Clark County Business License website and customer service channels in both English and Spanish should they need help.

They can also schedule in-person appointments from 8 a.m. to 3 p.m. Monday through Thursday.

“Clark County Business License continues to remain available to assist any potential applicants through our website and customer service channels in English and Spanish, and encourage those interested to apply,” the county said in a statement to the Sun. “Our Clark County Business License department is also available to assist those who need help with their applications and the public can schedule an in-person appointment if they need assistance with a Spanish-speaking technician.”

But Ramirez said he’s gotten reports from some street vendors who have visited the Clark County Government Center for assistance that they’ve been turned away and told to fill out an online form. He believes the county hasn’t yet established a streamlined process for the licensing of street vendors, which is only adding to the confusion.

The confusion will be compounded, Ramirez said, when the city of Las Vegas’ ordinance becomes operational, likely this summer. Vendors aren’t familiar with the lines separating the city with the county, and whatever Las Vegas passes could have different layers in comparison to Clark County, he said.

Ramirez said Make the Road has heard from many vendors saying they have been issued verbal warnings from Metro Police for operating without the proper licenses.

He’s worried “the warnings will switch to citations fairly quickly.” Regardless, the increase in interactions between Metro and street vendors has already begun stirring up fear in the community, Ramirez said.

Violators may be charged with a civil penalty carrying a fine up to $500. If a vendor violates the ordinance while outside a residential zone, they could be charged with a misdemeanor and subject to up to six months in county jail.

“The Clark County Street Vendor ordinance requires a business license in order to operate on the sidewalks and streets of our neighborhoods,” Metro said in a statement to the Sun. “LVMPD and community partners plan to educate and warn the vendors regarding the requirements. If a vendor disregards an officers’ warning and continues to operate without proper licensing, the officers will take enforcement by either issuing a citation or making an arrest.”

To support street vendors looking to get licensed, Make the Road Nevada staff members are volunteering to help sign vendors up for the business license process and explain to them step-by-step the necessary requirements.

Make the Road Nevada is also hosting monthly meetings where they invite government entities and members of the public to visit their office and hear directly from street vendors how the ordinance is impacting them.

Make the Road Nevada also has its Support Street Vendors campaign to collect donations that will go directly toward helping vendors pay for licensing costs. Ramirez said the $1,200 cost for licensure in the first year “is pretty excessive for a lot of these businesses that sometimes make $70 a day, no money some days or sometimes a few hundred bucks a day.”

“Make the Road represents the community, and in the community, if you want something done, you have to do it yourself,” Ramirez said. “We’re not going to wait for the county to get their things together, get their act together, because unfortunately, I don’t expect them to.”

The Sun submitted a public records request to Metro asking for statistics on the number of warnings and citations given to street vendors since the county’s ordinance went into effect on April 30. We are awaiting a response.