Minneapolis officials weigh new permit system for unlicensed fruit vendors

Minneapolis officials are considering a permit system for unlicensed fruit vendors who are increasingly doing business in city parks and street corners.

Council Member Jason Chavez, who is developing an ordinance with Council Member Aurin Chowdhury said such a system would help ensure that food for sale is properly prepared and also reduce the potential for labor abuses and trafficking.

“I think a permit can help prevent that, or at least be a part of preventing them from happening,” Chavez said.

Unlicensed vendors began appearing in the city more than a year ago, many of them asylum seekers from Ecuador who don’t yet have a permit to work legally in the United States. Efforts by park police and city officials to issue citations have only led them to temporarily retreat.

City officials first attempted to address the issue in 2023, according to Minneapolis Health Department spokesperson Scott Wasserman. They worked with Sts. Cyril and Methodius Catholic Church in northeast Minneapolis, holding educational classes on how to become licensed. But officials say the problem persists.

“The reality is that right now, folks are not allowed to do it, and they’re getting letters saying to stop doing what they’re doing,” Chavez said. “And they’re being given routes to get permitted, but the permits that exist wouldn’t allow them to do what they’re doing.”

Chavez and Chowdhury met with city staffers earlier this month to determine the next steps. Afterwards, Chowdhury said they also want to create a support system so vendors can access supplies — including carts that store food at the proper temperature — in order to become eligible for a license.

“The hope is next spring, people have a place where they’re able to sell and vend freely,” Chowdhury said. “They feel supported by our communities, by local government, and we’re bringing more people into compliance.”

One option presented to some vendors has been to register for the state’s Cottage Food Producer permit, based on a 2015 law that allows people to “make and sell certain nonpotentially hazardous food and canned goods in Minnesota without a license.”

Chavez said that’s a step in the wrong direction. Such a permit would allow vendors to sell homemade baked goods and pickled fruits and vegetables, but still wouldn’t allow them to operate on city sidewalks or in traffic.

“People might apply, but it isn’t actually going to address the root issue that people are struggling with,” he said.

The issue is one of equity according to Chowdhury, who said some vendors don’t have the necessary knowledge or resources because they’re still new to the country. Licensing or permit fees become barriers for new vendors trying to become compliant.

“When it comes to folks that are immigrants, new to our community, that’s an incredible barrier. So if we’re going to do economic empowerment, that’s the barrier that we want to help resolve, and so I’m 100 percent supportive of waiving these fees,” she said.

Claudia Lainez, workers’ center director at COPAL, a Latino advocacy organization, said they have been monitoring the growth of street vendors across the metro area specifically because many are undocumented. She said vendors tend to be women because men, even undocumented, typically struggle less to find work.

But language can be a key barrier for those who might want to comply with local rules. “We have had many cases where people ask ‘What can I do?’ But no, this information is not accessible in Spanish,” Lainez said.

Chavez said there remain many questions about the proposed ordinance. One is whether to establish fixed locations for vendors, another how to limit the number of vendors in a given spot. Council members said it’s important to make the process simple and easy for future vendors, regardless of legal status.

Even without credentials such as Social Security numbers, Chavez said there would be ways for vendors to apply for a permit. They might use an individual taxpayer identification number, which undocumented individuals use to file income taxes every year.

Chavez said it’s critical to find a solution that protects public health, but acknowledges the pressures that are prompting recent immigrants to sell food in public spaces. “These people are just trying to make a living,” he said.

The presence of unlicensed vendors has sparked complaints, especially from licensed vendors. At a Minneapolis Park and Recreation Board meeting in August, Michael Auciello, owner of Brooklyn Mike’s Italian Ice cart, said he was tired of “illegal vendors” opening fruit stands and cutting into his revenue. He said he’s seen his revenue drop by half this year as unlicensed vendors pushed into city parks.

“A lot of the food trucks out there and vendors have given up. They’re selling their trucks. They don’t want nothing to do with this baloney no more,” Auciello said.

According to Auciello, vendors must buy a daily permit ($35 for weekdays, $100 for weekends) to operate in city parks, and some parks only allow up to two permits. But he said that on some days this summer, he’s seen as many as five vendors in parks he’s worked. He said he’s complained, with limited success.

Chavez said Minneapolis police officers no longer cite unlicensed vendors. “They give them a paper with resources, because a lot of them also need more support beyond just being able to sell some food on the streets,” he said.

Park police spokeswoman Robin Smothers said such vendors aren’t allowed to operate uninterrupted. Auciello said he’s seen Park police confront unlicensed vendors but not escort them away.

An ordinance passed by the city wouldn’t automatically affect how parks operate, according to Chavez.

“The Park Board has to make their own decisions on if they’re going to allow people at their parks, but ... we can make a program to allow some of these individuals to be able to sell fruit or whatever we decide with these permits,” he said.

Chowdhury said there have been ongoing talks with the Park Board. “At the end of the day, we want the same things,” she said. “We want people in compliance and able to be entrepreneurs in our city.”

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