I live near the intersection of Trower and Linda Vista avenues, and on several occasions will see a man selling flats of strawberries, oranges, etc., from a corner spot. Is this legal?

It is perfectly legal to sell food or other products off the side of the road — as long as you have a permit, that is. That’s according to the Napa Police Department and Napa County Sheriff’s Department.

The advantage of purchasing goods from street vendors is that they usually offer better prices than retail stores, since they do not pay overhead costs such as rent or utilities.

The risk is not knowing if what you’re purchasing is safe. For this reason, street vendors are required to have the appropriate permits — issued by the city or county — commonly known as seller’s or vendor’s permits. If a vendor possesses such a permit, that means any food he or she is selling has already been government-inspected and approved.

But, Napa Police Department Sgt. Don Honey says many of these vendors do not have permits. “We cite them on a regular basis because of health issues,” he said.

What kind of citations do they face? “They receive citations with fines attached to them. The court assesses how much these fines are for; there are parameters on these fines similar to the way parking tickets have them,” added Honey.

These rules vary from one jurisdiction to another. Napa County Sheriff’s Capt. John Robertson said the county also requires a permit, but, “Religious organizations are allowed to sell flowers for special occasions such as Mother’s Day, for example, but only with proof that they are a religious organization.”

Safety is always the No. 1 priority with both the city and the county. Robertson said that if a vendor has a permit, there are still restrictions on where goods can be sold. “On highways, you need a seller’s permit and you cannot interfere with the flow of traffic. In the city, if cars are stopping to buy something and are holding up traffic, that vendor would be shut down and/or cited for obstructing traffic,” he said.

“Even ice cream trucks are inspected by the county and permitted for sales. Permits should appear in the window of the vehicles,” he added.

Can your peaches send you to the pokey? If vendors continue selling without a permit, they keep receiving more citations and fines but do not receive jail time. “Violating municipal codes are infractions. You can’t be jailed on infractions,” explained Honey.

Aside from the street vendors, Robertson also said selling magazines or meat door-to-door is also illegal without a solicitor’s permit. “Plus,” he said, “that meat is frozen inside the trucks and carries water weight. You’re getting ripped off.”

Good to know.

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