Street vendor Luis Sanchez waits for customers by his mobile food stand in a residential neighborhood in North Las Vegas Wednesday, June 14, 2023. Senate Bill 92, signed by Governor Joe Lombardo, when fully implemented, will legitimize street vendors across the state, providing them with the necessary permits to operate and grow their small businesses. A town hall session held by Make the Road Nevada and the Nevada Immigrant Coalition laid out what the expectations should be for vendors and law enforcement until the relevant laws take effect by July 1, 2024.
Friday, Sept. 1, 2023 | 2 a.m.
Street vendors in Las Vegas
Street vendor Eduardo Moreno has been robbed three times in 14 years selling flavored ice and fried pork in the Las Vegas area.
He said he was physically assaulted during one of the robberies.
Vendors like Moreno can be the target of crime because the industry lacks regulation, including the ability to obtain a business license. And because the vendors are therefore operating illegal, that makes them hesitant to report crime to the police.
Moreno worked as a photographer in Mexico City before immigrating to the United States 23 years ago. In recent years, his business as a street vendor has been the sole income for his family of four.
Each robbery has made it more difficult to pay necessary bills.
Moreno hopes a new law will pave a way for street vendors to attain business licenses and operate legally. It could also help protect vendors from violent acts in the future.
Senate Bill 92, sponsored by State Sen. Fabian Donate, D-Las Vegas, establishes “requirements for the regulation of sidewalk vendors” at the county and city levels, as well as the adoption of local health regulations and the creation of the “Task Force on Safe Sidewalk Vending.” Gov. Joe Lombardo signed the measure into law this month.
Moreno was one of many street vendors who attended a town hall meeting held by Make the Road Nevada and the Nevada Immigrant Coalition on Thursday to inform the community about the rollout of the new law.
Even with the legislation street vending won’t be legal until a state task force and local entities create restrictions, guidelines and ordinances surrounding the practice.
Doñate said his mother as a child would sell tamales door-to-door with his grandmother as a way to support the family.
“The reason why I stand before you today as a first-generation college grad is because of the efforts my grandmother did when she was selling door to door tamales,” he said.
Doñate said street vendors will need to pay attention to a series of dates in the upcoming months.
Clark County is required to create an ordinance by Oct. 15 that will outlaw street vending near gaming facilities and high traffic tourist areas such as the Las Vegas Strip, Fremont Street Experience and the Welcome to Las Vegas Sign.
Doñate said it will take time for the county and cities to define other areas where street vending could be restricted.
Then, the county must have rules defined for operating with a business license finalized by July 1, 2024, said Maggie Salas Crespo, the deputy secretary of state for Southern Nevada. Business license applications will be ready on or before that date, she said.
Crespo said the Secretary of State’s Office is acting as a go-between for the community and local governments as the guidelines and restrictions are written. She said the office also will provide guidance and suggestions to local governments.
The street vendor community also must be aware of possible scams that could originate around the business licenses, she said.
“This is a vulnerable population,” she said.
She asked the community to seek out assistance from official government agencies or established organizations when it comes time to file a business license.
Anyone offering legal services should have a business license filed with the Secretary of State.
Your rights
Dee Sull, an Immigration and Civil Rights Attorney, said street vendors with limited English should ask for an interpreter if approached by an officer, she said.
The goal is for everyone — the street vendors and officers — to be able to get home safely, she stressed.
It is likely that officers will only give warnings for street vending while government agencies work to define the law, she said.
Sull said the vendor should pack up if given the warning by an officer. If the vendor is going to keep operating it would be smart to move to another location, she said.
She warned that any time someone puts their hands on an officer it can be considered a crime. This could lead to an arrest and U.S. Immigration and Customs Enforcement could then get involved if the person is undocumented.
Make the Road Nevada has asked for a grace period from law enforcement during the transitional period that could last until summer of next year.
The request came after a viral video showed street vendor Jose Carlos Hernandez Perez, 37, in a heated confrontation with a Metro Police officer Aug. 6 in front of the Welcome to Las Vegas sign.
Metro has released a portion of body camera footage showing an officer threatening to arrest Hernandez Perez for not showing identification. The vendor walks backwards and throws his arms up to block the officer from grabbing him before the video becomes disorienting. According to a Metro news release, Hernandez-Perez had pushed the officer to the ground.
The officer is then shown pointing a taser at Hernandez Perez while using strong language to order the vendor on the ground.
Metro said it released the video after another video circulating on social media only showed the officer threatening the vendor with the taser. The police agency did not release the full body camera video, so it is unknown what transpired prior to the officer threatening arrest.
Hernandez-Perez was then charged with battery, violation of mobile food vending regulations and obstruction of an officer. The prior day, the officer had reminded him that street vending was illegal, according to Metro.
A statement from ICE says Enforcement and Removal Operations (ERO) encountered Hernandez Perez at Clark County Detention Center on Aug. 8 and decided he was a “civil immigration enforcement priority.” The title is reserved for individuals who was arrested on criminal charges which make them removable under the Immigration and Nationality Act.
ICE states Hernandez Perez entered the U.S. without authorization April 5 near Otay Mesa, Calif.
Hernandez Perez was detained for several weeks by ICE upon entering the country as an asylum-seeker, a petition from Make the Road Nevada states.
On Aug. 9, Hernandez Perez was once again detained by ICE and moved to a facility in Salt Lake City.
Make the Road Nevada describes Hernandez Perez as a dedicated father.
Last week, a judge granted a bond of $2,500 in his hearing with a special administrative immigration court, said his attorney, state Sen. Edgar Flores.
