Cal. HSC § 114368.8 — California Code / Code hsc / Division 104 / Part 7 / Chapter 11.7 / Section 114368.8
Section 114368.8
Status: in_force

(a) Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine.

(b) A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.

(c) Except as provided in subdivision (d), each offense by an operator or employee of a compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following:

(1) A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part.

(2) An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation.

(3) An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation.

(4) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.

(d) If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024.

(e) (1) When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

(2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.

(3) The enforcement agency may waive the administrative fine or may offer an alternative disposition.

(f) (1) When enforcing any provision of, or regulation adopted pursuant to, this part regulating an operator or employee of a compact mobile food operation, an enforcement agency and its personnel shall not do any of the following:

(A) Use enforcement agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this part.

(B) Inquire into an individual’s immigration status.

(C) Place enforcement agency personnel under the supervision of an agency conducting immigration enforcement or employ enforcement agency personnel deputized under the authority of an agency conducting immigration enforcement.

(D) Use an officer or employee of an agency conducting immigration enforcement as an interpreter for enforcement agency matters, or use enforcement agency personnel as interpreters for officers or employees of an agency conducting immigration enforcement.

(2) For purposes of this subdivision, “enforcement agency” includes any nonpublic entity that an enforcement agency has delegated or assigned authority to, or has entered into a contract with, for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this part.

(3) A contract between a nonpublic entity and an enforcement agency for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter entered into or modified on or after January 1, 2026, shall require the nonpublic entity to explicitly agree to adhere to the requirements of this subdivision, and shall be immediately terminated if it is found that the nonpublic entity has violated this subdivision.

(g) When enforcing any provision of, or regulation adopted pursuant to, this part regulating an operator or employee of a compact mobile food operation, an enforcement agency that has been authorized to make arrests pursuant to Section 836.5 of the Penal Code shall not use enforcement agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this part.

(h) This section does not prohibit or restrict any enforcement agency or governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.

(i) For purposes of this section, “immigration enforcement” means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.