Since the mid-1990s, sidewalk vendors have been prohibited in Whittier, but that’s all about to change in response to a new state law that no longer lets cities ban the peddlars.

The ordinance, which still will have many restrictions and provisos, such as requiring operators to have $1 million in liability insurance and undergo a Live Scan criminal background check, cleared its first reading on a 5-0 vote Tuesday by the Whittier City Council.

Councilman Fernando Dutra said he’s OK with the change in law because it has the “proper checks and balance.”

“I’m satisfied the ordinance we put in place is going to protect the residents of Whittier but also the sidewalk vendors as well,” Dutra said in a Wednesday telephone interview.

In addition to the insurance and background checks requirements, the new law will limit hours of operation to 9 a.m. to 7 p.m. in residential areas and 8 a.m. to 10 p.m. in commercial zones. However, on streets where businesses are open later, the sidewalk vendor can remain open past 10 p.m.

Other provisions include:

Sanitation requirements regarding trash and grease disposal.

Prohibitions on blocking disabled access in streets, sidewalks, etc.

A ban on unwanted and aggressive solicitation.

A requirement that vendors obtain other required licenses, such as a city business license, and required health department permits.

Locational/distance requirements from schools, within parks, near certified farmers’ markets and swap meets.

Prohibition on using sound amplifying equipment.

However, Jose Calderon, president of the Latino and Latina Roundtable of the San Gabriel and Pomona Valley, said said some of these requirements, in particularly the insurance coverage that could cost $1,000 a year, are too restrictive and will result in vendors going underground or just not operating in Whittier.

“A lot are really low income,” Calderon said in a Wednesday telephone interview. “They’re very poor. If they could afford to develop a business and get a business license, they would do that. Many of them are immigrants and most are doing everything possible to survive and meet the needs of their families.”

City Attorney Dick Jones acknowledged insurance is expensive, but it protects the city and the vendor.

“I’ve also been in litigation where a hot dog vendor spilled grease on the sidewalk and someone slipped, fell and broke his leg and sued the city, Jones said.

Councilman Henry Bouchot said he has concerns, in particular about the background check requirement, but still supported it.

“We don’t have to get it perfect out of the gate,” Bouchot said. “While there’s a concern about there being a chilling effect because of regulations, public safety concerns override. I have small children. I do want to know who’s interacting with them.”

The council also directed staff not to share any of the application information, including the background check with the federal immigration authorities.

The proposal becomes law with a second vote, scheduled for the council’s next regular meeting, May 14.