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Proposed changes to San Diego sidewalk vendor ordinance move to city council for a vote

Some rogue vendors found a loophole and used free speech as a reason to not get a permit or abide by the new rules.

SAN DIEGO — Cracking down on the illegal sidewalk vendors is one step closer to approval.

On Thursday, the Community and Neighborhood Services Committee approved amendments to the existing sidewalk vendor ordinance to help close a loophole.

Hot dog vendors who said they have a permit, share how they have been attacked by rogue vendors.

“As a Hispanic person selling hot dogs, it hasn't been easy for me. The interference from these torturous illegal vendors has put my family in a bad situation,” said Letty Soto.

She and her husband, Peter, say they pay $700 a year for their health and vending permit.

San Diego Mayor Todd Gloria has also voiced his support for Councilmember Jennifer Campbell’s proposed amendments.

“The continuous operation of unpermitted vendors must be addressed and certainly hiding behind the First Amendment is something that we need to clarify,” said Gloria.

Last year, the council approved regulations to have tougher enforcement on vendors but it excluded expressive activities. Some rogue vendors found a loophole and used free speech as a reason to not get a permit or abide by the new rules.

“How about everyone else get a permit to talk then because you are talking about free speech,” said William Dorsett, street artist.

The amendments include expressive speech, which means people like jewelry makers, artists and buskers. People who perform for donations are not exempt.

“We are going to lose our livelihood,” said a face painter busker.

The proposal also includes regulations on how loud performances can be, umbrella use and designating free speech locations.

Joseph, “Joe Dreamz” Harrison, who went viral for his street performances when the Padres went to the playoffs last year, says he's tired of being harassed.

“The free speech zone is across the street but it's across from the crowd and on the railroad tracks,” said Harrison.

Campbell’s office says the proposed amendments could go to the full council for a vote before the end of the year.

“We can't wait another year, our business is suffering,” said Peter Soto.

This proposal also gets rid of a warning on the first violation. Now, permitted vendors face a $100 dollar fine and unpermitted vendors face a $250 fine.

Also under first-time offenses, if the vendor is deemed to be a public health or safety risk, such as selling food without a health permit, could result in shutting down their operation and seizing their goods and equipment.

The ordinance is enforced by San Diego police and the City of San Diego Code Enforcement.

Chief David Nisleit says it's difficult to cite illegal vendors because they won’t cooperate or give their names.

He hopes this crackdown will encourage more cooperation.

The Padres and Gaslamp, East Village and Little Italy business districts also voiced their support for the amendments.

WATCH RELATED: Downtown restaurant owners fed up with illegal street vendors in Gaslamp District

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