Complications Of Cooking In Public
In Which: Mayor Mark Salinas grills for volunteers in a park, We explore different rules for feeding people in public, And maybe we can all agree feeding people is good.
Last Saturday, Mayor of Hayward Mark Salinas grilled up dozens of free meals for the Women Leaders helping at the new Habitat for Humanity project on A Street. Judging by the pictures, Mayor Salinas, other residents, and members of the Hayward Police Department grilled up what appeared to be pork. The big charcoal grill looked very similar to the ones on A Street, Ledig Court, or other parts of Hayward on a Saturday.
And yet, for his love of grilling for the community, Mayor Mark Salinas has been one of the most vocal opponents of street food vendors. He’s alleged that they’re unsanitary, they litter, and that they’re unsightly for the City. He’s pushed Code Enforcement to crack down on street vendors—throwing away hundreds of pounds of food in the process—when it’s the lowest-ranked issue among Hayward residents.
What’s the difference between grilling up dozens of pork loins for local volunteers and selling grilled chicken on the side of the road? Tonight we’re going to look at the laws on the books, what they allow, and what that means for the City.
So Many Different Kinds
After researching the Hayward Municipal Code, there appear to be at least three different classifications for distributing food in public: Sidewalk Vending, Food Sharing Events, and social gatherings.
Social Gatherings
The City doesn’t specifically define what a “social gathering” is. One could assume that a picnic is a social gathering, as would a barbecue or family reunion or anything along those lines. Since it’s not covered by any laws on the books—at least not any I could find—you should be able to bring and distribute food however you like.
Food Sharing Event
In 2013 the City enacted a Food Sharing Event Ordinance to cover any event that “is planned, organized, promoted or advertised where food is distributed or offered for charitable purposes at no cost, or for a nominal charge, to any member of the public.” The rules were allegedly written in response to “public nuisance” from people distributing free food in public places.
The rules cover all City Parks—any park in the City not managed by HARD—and all City-owned property, which covers anything else that isn’t privately owned. And in order to comply, you’ll need the following:
Apply for a permit
Pay a permit fee (Unknown amount)
Provide proof of compliance with Alameda County Public Health Regulations
Provide proof of $1,000,000 in liability insurance
Submit a $500 refundable deposit on cleaning
You’re not allowed to hold events in a parking lot, parking structure, in Giuliani Plaza (old City Hall), or in “Library Park” (now Heritage Plaza). Also no location can hold more than 1 event per month, and no event can last longer than 3 hours.
Sidewalk Vendors
If you’re selling the food, you’re a sidewalk vendor. We’ve covered some of the specifics of the laws governing Sidewalk Vending in the past. But very briefly, they need the following:
Business license
State Seller’s Permit
Mobile Food Facility Permit from the County
Proof of liability insurance
Map of vending locations
And more
On top of all that, the vendor has a laundry list of regulations to follow regarding their vending cart or tent, and another list of regulations governing where they’re allowed to vend—including a prohibition on vending within 18 inches of a curb, functionally banning them from any sidewalk less than 12 feet wide.
Where You Vend Matters
Where you’re vending is also a big part of what decides what rules you need to follow to distribute food to other people. They’re generally divided into three functional groups: City-Owned Land, Other Agency-Owned Land, and Private Property
City-Owned Land
As we mentioned above, City-Owned Land means everything that the City has responsibility over. That includes streets, sidewalks, some parks, any random green space, and anything else that isn’t owned or operated by someone else.
Other Agency-Owned Land
The interesting thing about Hayward is how many layers of governmental agencies we have mixed together, especially since every agency gets to make up its own rules for what is and isn’t allowed on their property.
Take, for example, HARD: if you’re in just about any park in Hayward that isn’t Downtown, you’re in a HARD park. They have their own rules and regulations that people need to abide by. They specifically say “No person shall sell, advertise, offer for sale or give away for the purpose of charity work… any merchandise, article, service or thing whatsoever on district property without prior written permit issued by the District.” That rules out just about everything!
And each agency is different. HUSD has its own rules and so does the County, which does own some land in Hayward.
Private Property
When it comes to other private property, just about anything goes. The liability falls on the property owner if anything goes wrong, so the City doesn’t seem to care. That’s what homeowner’s insurance is supposed to be for.
The Barriers Are There For A Reason
What cities allow and prohibit is an expression of City values. If the City actually did have a huge trash problem from having too many free food events, then adding in all the regulations means they value the cleanliness of the City more than people being fed. If HARD doesn’t want people selling or giving away things on their property, they value keeping vendors out more than the people they may bring to the park.
But if anyone wanted to hold a Food Sharing Event with the City, it’s unclear if they would even be able to follow the law. The most recent Master Fee Schedule doesn’t list a Food Sharing Permit on any of its 76 pages and the most current e-permit system doesn’t even have a way to apply for a Food Sharing Permit.
And it’s unclear from the ordinance what is required to comply with Alameda County Public Health Regulations. Does the group need a Mobile Food Facility permit? Do they need to ensure everyone has a Food Handler’s permit? It’s purposefully left vague.
And it’s difficult to read as anything other than intentional. Allegedly food giveaways had “resulted in a significant deterioration of the condition of public property and the overall quality of life in Hayward.” I’m not going to watch a 12 year old meeting—though you can in all its low-resolution glory—so I don’t have quotes of what every Councilmember said. But comments from the official minutes of the October 29, 2013 meeting show that the biggest concern was getting people out of sight.
Then-Mayor Sweeney directed the Community Services Commission develop a plan to create a “community services center.” This not only doesn’t exist, but feels like an ambitious ask for a body that was supposed to focus on distributing funds.
Then-Councilmember Barbara Halliday apparently suggested that the City was doing enough by partnering “with social services organizations to address and alleviate the needs of the community.”
Then-Councilmember Mark Salinas suggested that those looking to feed people pay to contract out for a private company to distribute the food. And then-Councilmember Al Mendall noted that the proposed ordinance may force everyone providing food for free indoors, out of the public eye.
And they all unanimously approved it.
What’s This Have To Do With The Mayor?
This brings us back to Mayor Mark Salinas and his cookout for Habitat for Humanity. Based on what he posted online, we can see why the Mayor was able to grill in public for a crowd, but other people may not be able to.
Where Did He Do It?
Judging from the photographs and what parks are nearby the Habitat for Humanity construction site on the corner of A Street and Walnut, he posted up in Cannery Park. That park is owned and operated by HARD. Since that’s not City property, no City ordinances apply.
If he’d been on any City property, this may have qualified as a Food Sharing Event.
Did He Charge For The Food?
It’s likely that he didn’t charge for the food he grilled up—that’s not his livelihood. However, because he’s on HARD property, their Rules and Regulations apply which should prohibit “giv[ing] away for for the purposes of charity work… any… thing whatsoever on District property.”
It’s possible that he went through the process of reserving a picnic site at Cannery Park, though his pictures show a bunch of tables and chairs set up on the lawn, not any of the reservable picnic areas.
It Comes Down To Enforcement
Ultimately, laws are only as strong as their enforcement. With the Mayor of Hayward grilling with a uniformed officer of the Hayward Police Department, even if he was on City property there was little chance of that event getting cited. A HARD Park Ranger could have come down and cited them if they didn’t have a permit or reservation—that’d be the letter of the law—but there’s very little chance of that happening, especially with a uniformed PD on the scene.
But if you or I decided to do something similar, all it would take is some Park Ranger with a bee in their bonnet to break up the whole thing. It’s not the most likely thing, but it would be within their rights to do so.
We All Just Want To Grill
I want to be clear: I don’t think there’s anything wrong with Mayor Salinas grilling and giving away food. He fed people at his own expense and that’s a noble thing—even though it was Women’s Leadership Build day and may have been a political play leading into an election year.
Being able to cook for others, whether for profit or for charity, should be something accessible to everyone. Eating outdoors is a joy, especially on nice days like we’re starting to have this time of year. It’s something our Mayor is known for and should be a City-wide pastime for all residents—maybe trade Education City for Grill City.
It shouldn’t matter whether we’re grilling for our friends, picking up a free meal, or buying some pupusas or tamales from a local street vendor—we should be supporting it all. Cooking and eating in public builds community, activates spaces, and generally makes things more enjoyable. Putting barriers in front of people who just want to serve others doesn’t seem to align with our City’s values.
I only hope that our elected leaders—especially any grillers in their ranks—can one day recognize that.