New bill seeks criminal penalties for sale of stolen goods in San Francisco

State legislation backed by Mayor London Breed would crack down on illegal vending by allowing police officers to enforce citations or misdemeanors with potential jail time.

Why it matters: Illegal vending , the sale of stolen items, has been an ongoing issue in San Francisco. Officials say it's created a hazardous environment and unsafe street conditions, such as inaccessible sidewalks.

• The San Francisco Police Department is currently unable to issue penalties because of a 2018 state law that made enforcement of street vending violations an administrative duty carried out by city workers.

Driving the news: The legislation , announced this week by Breed and state Sen. Scott Wiener (D-San Francisco), would require vendors in San Francisco to obtain a permit to sell items considered frequently stolen.

• They'd need to provide documentation, such as proof of purchase, to show that the merchandise was obtained legitimately.
• Those in violation would receive a citation for the first two offenses, which could include penalties such as fines. A third offense would rise to the level of a misdemeanor and up to six months in county jail.
• The bill passed the state Senate last month and is making its way through the Assembly.

What they're saying: San Francisco's "vibrant culture of street vending … is threatened when bad actors are allowed to openly sell stolen goods on our streets, often pushing out legitimate street vendors and undermining public safety," Wiener said in a press release . "With this bill we're taking a balanced approach."

• Wiener told Axios via email that his office worked with a coalition, including the vending community and the police, to ensure the proposal's "narrow but strong penalties."
• The legislation is backed by the Mission Street Vendors Association and the Mission Merchants Association, among other groups.

Yes, but: There's concern that the bill would add an element of criminalization rather than address the root cause of illegal vending — poverty, according to the San Francisco Latinx Democratic Club.

• It's also unclear how enforcement will play out given the police staffing shortage .

The big picture: The city enacted a street vending ban along Mission Street in November in a bid to target the sale of illegal goods.

• Though it worked with community groups to set up temporary market spaces and support services for permitted vendors, many said they lost income and struggled without the same foot traffic.
• The ban was extended for six months in February after the city reported a 30% decrease in assaults and robberies as well as a 23% decrease in street cleaning service requests.

What's next: The mayor's office says it's planning to launch a phased pilot project to allow a small number of permitted vendors to return to a restricted portion of Mission Street as assessments continue.

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