Understanding the Implications: Orange County Register

An innovative proposal from Assemblymember Matt Haney may transform the streets of Orange County into thriving night market destinations. The proposed state legislation aims to introduce a special yearlong permit for open-air vendors like farmers and night markets. Haney believes that this legislation will help revive the economy, which has been adversely affected by the COVID-19 pandemic.

The primary goal in Orange County is to support struggling vendors who have been severely impacted by the pandemic. Haney states, “There’s no constituency in California calling for more red tape and paperwork for farmers markets. Hopefully, this legislation will inspire other communities across California to explore opening up their own night markets.”

Orange County is already home to well-known night markets such as the Little Saigon Night Market in Westminster’s Asian Garden Mall and the 626 Night Market in Costa Mesa, which is the largest Asia-inspired night market in the U.S. Additionally, smaller local open-air markets are organized on a monthly and weekly basis.

Currently, open-air markets are not permitted by the state Department of Health and fall under the jurisdiction of local Environmental Health departments.

In Orange County, night markets, along with county fairs, city festivals, and similar public events, are classified as “community events,” according to Darwin Cheng, the assistant director of the county’s Environmental Health Division. Organizers of community events, including night markets, are required to obtain a health permit from the county’s Environmental Health Division.

If an event lasts for more than 25 consecutive or nonconsecutive days within a 90-day period, organizers must reapply for a temporary permit, which costs $184.

The proposed legislation has received positive feedback from Kathy Buchoz, one of the organizers of the annual night market in Little Saigon and a director at the Westminster Chamber of Commerce. She believes that it will benefit organizers who host weekly events.

At present, the Little Saigon night market only operates for less than 90 days, allowing organizers to apply for a permit once a year. However, if the Asian Garden Mall organizers wish to open markets more frequently, they would need to reapply and pay the fee each time.

The only exception to this rule applies to “certified farmers markets” that are operated by the local government. Unlike night markets, certified farmers markets primarily sell locally grown fruits, vegetables, and pre-cooked, pre-packaged foods.

In Orange County, the Agricultural Commissioner’s office verifies that the participating farms are locally sourced.

Cheng explains, “Certified farmers market organizers receive an annual health permit since these events are recurring at the same locations and meet all necessary requirements.” Currently, there are 39 certified farmers markets operating in Orange County, and the annual permits cost $264.

There are also non-certified farmers markets where individuals with vendor’s licenses purchase produce from the market and sell it at authorized locations with the necessary permits, including a temporary health and seller’s permit.

Haney emphasizes the importance of stimulating local businesses and commercial corridors that have struggled since the pandemic began. He states, “We have to bring people outside, bring people together, and reduce every possible barrier and hurdle so that we can get that done.”

Haney’s bill will apply to non-certified farmers markets but not to certified farmers markets.

Last week, Haney unveiled the new legislation alongside several night market organizers, San Francisco Supervisor Joel Engardio, and celebrity chef Martin Yan. The bill is expected to be heard in January and, if passed, could take effect as early as spring.

Reference

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