Monday, January 28, 2019

The Low Information Vibration Mentality; Marvin X speaks today, 4pm, KPFA Hardknock Radio, Davey D interview


Breaking News: Davey D interviews author/historian Marvin X on his latest book Notes of Artistic Freedom Fighter Marvin X. Discussion includes his views on Harlem Renaissance, Black Arts Movement, Hip Hop, Afro-futurism, and growing up in West Oakland. 4PM. 
https://kpfa.org/program/hard-knock-radio/


The Low Information Vibration Mentality

The low information vibration mentality is a mind steeped in abysmal Ignorance, religiosity, dogmatic ideology and other isms and schisms that keep people wandering in darkness, constitutionally unable to see the light even when the sun of truth shines brightly in their eyes. When the sun is shining, they "believe" it is raining, they swear there is thunder and lightning outside. They are like  Walt Whitman's Learned Astronomer who needs to leave the classroom and go outside to view the stars!
The supreme irony of the low information vibration mentality is that the supplicant has a device in hand, literally, to transcend his condition, I.e., the cellphone. He can ask Becky any question on any topic and be enlightened. So there is no excuse for the low information vibration mentality except laziness, sloth and intellectual niggardliness, I.e., too anal to open the brain cells to new information, stingy, chickenshit. Those who persist in the low information vibration mentality should consider the Biblical dictum that the people were destroyed for lack of knowledge, not lack of money, lack of Civil Rites, lack of love, what Tina say,"What love got to do wit it?"
The low information vibration mentality persists because it is perpetrated by politicians who are puppets of lobbyists on the Right and Left for their master's agenda, not the people's agenda. If politicians rule at the consent of the governed, all policies should reflect the interest of the people. For sure, the people need national security. How can the government spend a trillion dollars on the defense budget yet allow every hateful, unclean bird to cross the US border freely? How many globalists have walls around their compounds? Do you leave the door of your domain unlocked so every hateful, unclean bird can enter your house? I recall during the Crack era whenever weak brothers and sisters allowed the Crack gangs to enter their homes, soon after their homes became the headquarters of the Crack gangs. Come on, national security is the first priority of every nation on earth. Security is the priority of every family. No woman'wife wants a man who cannot secure her and her children!
Simultaneously, as per the Left on the political spectrum, if and when the people decide they want a redistribution of wealth from the hands of the 1% who have the 99% in wage slavery, who are one check away from homelessness as we saw with government workers during the government shutdown, again, the government exists at the consent of the governed, not at the consent of the capitalist bloodsuckers of the poor. If the people demand a living wage, free health care for all, e.g., give the people the same level of healthcare the politicians receive, after all, the people's tax money pay for the politicians welfare so how do the politicians become superior to the people? If and when the people's consensus is for free education, this is their right as taxpayers. The politicians serve the people, not the reverse. The capitalist bloodsuckers of the poor with their media of fake news that perpetuates the low information vibration mentality and the concomitant world of make believe and conspicuous consumption (Frazier) must be forced to understand it is the will of the people that must rule, not the rule of bloodsuckers and their political sycophants.
The richest nation in the world should provide housing for all citizens with a life estate title for the least of us, thus eradicating homelessness overnight, immediately ending wasteful billions spent on administering sham and scam programs to end homelessness. Give the homeless the necessary case management to help them recover from the trauma of mental illness, drug abuse, sex abuse and partner violence.
--Marvin X
1/27/19

Wednesday, January 23, 2019

Poem for Soledad Brother John Clutchette

Poem for Soledad Brother John Clutchette


Brother John came by my Academy of da Corner today
14th and Broadway
Frank Ogawa/Oscar Grant Plaza
We honor Frank Ogawa and Oscar Grant
Citizens of Oakland
Made a difference
and you don't even know
Frank Ogawa or Oscar Grant
Fine gentleman
Asian African
Oakland
Along came John
Soledad Brother
like no other
survivor 
John
made it out belly of beast
american gulag
John
Comrade of George Jackson
Slayer of the Dragons
kill or be killed
Soledad Prison mantra
My brother there too
read Flowers for the Trashman
Brother Ollie killer too
he told me
kill or be killed
guard kill honky kill we kill three
Kumasi say
Kumasi master griot of American Prison Movement
Kumasi say you guys had revolution outside
we had revolution inside prison walls
down in dungeon
belly of beast
Kumasi say for every one of us
we take three of you 
devil white boy supremacist honky

John Clutchette came by today
John say can't stay
gotta report in for one year
thank you Marvin X for your literature
shared with brothers
Marvin X I have twenty six dollars
let me donate six
Don't give me nothin' 
let me donate today
John went his way.
Soledad Brother
Warrior Supreme!
--Marvin X
1/23/19

"Soledad Brother" John Clutchette stops by Marvin X's Academy of da Corner, Oakland


John said we must free Ruchell  McGee! And I agree. I suggest when Kanye West meets with your President Trump tomorrow, he suggest giving a general amnesty to all incarcerated in American prisons. John was paroled in July, 2018. He's wearing an ankle monitor and getting adjusted to the cell phone. Marvin told him, "Just stop any five year old and they will tell you how to use it. Just be ready for them to call you stupid and dummy." When John tried to give a donation for a collection of Marvin's books, the poet refused to take the money.
--Marvin X
10/10/18



Tuesday, January 22, 2019

Brothers Network bringing Marvin X to City of Brotherly Love, Philly




Gregory Walker, Founder and Creative Director of the Brothers Network and Poet/essayist/activist Marvin X. Gregory is holding Marvin's latest book Notes of Artistic Freedom Fighter Marvin X, Introduction by Dr. Nathan Hare, Black Bird Press, Oakland, 2019. While in Oakland, Mr. Walker met with Marvin to make final plans for the poet to read and sign books in Philadelphia during Black History Month. Marvin X is living Black history! "He's the freest Black man in non-free America!" says James Sweeney.  "When you listen to Tupac Shakur, E-40, Too Short, Master P or any other rappers out of the Bay Area of Cali, think of Marvin X. He laid the foundation and gave us the language to express black male urban experiences in a lyrical way," wrote James G. Spady, Philadelphia's master literary critic. Oakland's Fritz Pointer, scholar and brother of the Pointer Sisters, says of Marvin X,"Supreme, Courageous, Relentless, Eloquent, Prolific, Unstoppable, GRIOT."


Philadelphia literary critic James G. Spady on Marvin X



"Marvin X has been teaching for a long time. He has established his tenacity. As one of the founders of the Black Arts Movement (BAM), he became a teacher in an emerging field called Black Studies. Like Sonia Sanchez, Amiri Baraka, Larry Neal, Askia Toure and others, Marvin X both contributed to and later taught those pivotal courses that constituted a new discipline.



Marvin X at the St. Louis Mo. Book fair of Akbar Muhammad

For the last thirty years, this gifted poet, journalist, dramatist, oral historian (he appears to be the only participant in the Black Arts Movement that conducted intensive and extensive oral interviews with the key participants, as well as international political, cultural and educational leaders)and teacher, has established an unusual record. Marvin X has taught at the University of California at San Diego, Mills College, San Francisco State University, Fresno State University, Laney and Merritt Colleges in Oakland, University of Nevada,Reno, and the University of California at Berkeley....."
Copyright James G. Spady, 1997,
Philadelphia New Observer

Marvin X turns 75, May 29, 2019. We urge you to invite him to share his wisdom, even if you don't agree with him. After all, he talks about the life he lived, not theory! When you lived the life, you don't need footnotes!

photo Adam Turner




Sunday, January 25, 2015


Marvin X: The Philadelphia Negro




http://ecx.images-amazon.com/images/I/51aWItYybXL.jpg





A brother now living in the Bay Area told Marvin X, "Marvin, I heard more about you in Philly than here in the Bay. You are well known and well loved in Philadelphia."


 Keyboard genius Elliot Savoy Bey works with Marvin X coast to coast.

After listening to Marvin X interviewed on Laney College Radio, http://www.9thfloorradio.com/…/1/22/yakety-yak-with-marvin-x his Philly musician friend, keyboard genius Elliot Savoy Bey said "Marvin X must be read and listened to like one is at a buffet--don't take too much at one time, just a little, then go back for more. Don't pile the plate--too much will make you sick, you will have a nervous breakdown." After listening to the interview, another Philly brother said, Marvin X is the Clifford Brown of spoken word. He put on a Clifford Brown album for Elliot Bey to
hear. 

 Pam Africa

Philly's Harriet Tubman, i.e., Pam Africa, told Marvin that he needs to come set up shop in Philly, especially if he wants to do the Philly leg of his Black Arts Movement 27 City Tour.  Philly poets told Marvin don't bring all them West coast poets to Philly, we can handle this! 

Marvin X and Philly's legendary musician/philosopher Sun Ra. Marvin worked with Sun Ra coast to coast. Marvin's mythological extravaganzas reveal Sun Ra's influence as well as Amiri Baraka's. Sun Ra and Marvin taught in Black Studies at UC Berkeley until the entire faculty was removed for being too radical. More pliant Negroes were hired.

Sarah Lomax Reese, owner of WURD Radio, Marvin X, Muhammida El Muhajir and Mrs. Amina Baraka. WURD sponsored Muhammida's production of Black Power Babies on Philly's Theatre row.


Marvin X reading at Black Love Lives, accompanied by Philly pianist Alfie Pollitt. Event was produced at the University of Penn by Nisa Ra.

Michael Shoatz, Jr., son of imprisoned Black Panther, Michael Shoatz, Sr., and Marvin X

Philadelphia's Queen of Poetry, Sonia Sanchez, co-founder of the Black Arts Movement
"Marvin, just the idea of a 27 city tour makes me tired."


Greg Corbin, founder of the Philly Youth Poetry Movement


 Philly Professor/poet/editor Ewuare Osayande
Philly native, Muhammad Ahmad, aka Max Stanford, during the 60s, he was  one of the most dangerous men in America as leader of RAM, the Revolutionary Action Movement. RAM was headed by exiled revolutionary Robert F. Williams, author Negroes With Guns.

Dr. Tony Montiero, ousted Temple University professor. Dr. Muhammad Ahmad was ousted as well in a conspiracy with the administration and the Afro-centric Negro Dr. Molefe Asante.




 Marvin with the Philadelphia Poets Award Ceremony produced by Maurice Henderson. Marvin was given a special award as an honorary Philly Poet.

Marvin X and Sarah Lomax Reese, owner of WURD Radio. She was in Oakland for A Conversation with Angela Davis and Sonia Sanchez, which she produced. She told Marvin X, "Don't think about coming to Philly with your BAM 27 City Tour and not have WURD as a sponsor."



Philly comes to Oakland: L to R: Sarah Lomax Reese, Angela Davis and Sonia Sanchez


 Marvin X, accompanied by David Murray and Earl Davis at the Malcolm X Jazz/Art Festival, Oakland, May 17, 2014

 The Black Arts Movement Poet's Choir and Arkestra, University of California, Merced, Feb/Mar, 2014. A Kim McMillan/Marvin X production

The BAM Poet's Choir and Arkestra Divas: Tureada Mikel, Mechelle LaChaux, Dr. Ayodele Nzinga and Tarika Lewis on violin. They performed at the 80th Birthday Party for Dr. Nathan Hare, father of Black and Ethnic Studies, founding publisher of the Black Scholar Magazine. He will be at the Laney BAM celebration, facilitating a mental health peer group: How to Recover from the Addiction to White Supremacy.
 Dr. Nathan Hare, PhD sociology, PhD clinical psychology
Fired from Howard University--too Black; fired from San Francisco State University--too Black!
 Hare was a professional boxer while teaching at Howard. They didn't like that either. As Paradise Jah Love says in his classic poem (which he will read at the BAM celebration at Laney College), "They like everything about you but you."



 Marvin X with BAM co-founder Danny Glover. Danny may show.
photo South Park Kenny Johnson


 "Oh, how I miss my drinking buddy." "Marvin, you get drunk and say the damnest things."


 Philadelphia's Muhammida El Muhajir, creator of the Black Arts/Black Power Babies Conversation, now living in Ghana. Right: Samantha Akwei visited Ghana during the holidays, connected with Muhammida, Marvin and Nisa Ra's daughter.


Monday, January 21, 2019

Call for Black Arts Movement Business District Street Vendors Association




Black Arts Movement and Black Arts Movement Business District Co-founder Marvin X at his Academy of da Corner, 14th and Broadway, downtown Oakland BAMBD District.
photo Adam Turner

On January 19, 2016, the Oakland City Council passed a resolution establishing the Black Arts Movement Business District along the 14th Street corridor, from the lower bottom to Lake Merritt. On January 1, 2019, the State of California enacted SB946, allowing vendors to sell on the streets of all California cities. Vendors may require permits but are not to be harassed by police under the color of law. They are not to have their goods confiscated or cited. 

In light of the above, we call upon Pan African vendors to claim the BAMBD District as our vending space. We call upon the City Council to establish that BAMBD Vendors must not be harassed by the OPD. Further, as per equity, we demand a minimum fee requirement for vendors in the BAMBD, if not a five year moratorium on permit fees,City taxes and State Franchise taxes. Gov. Brown suggested the moratorium on State Franchise taxes for certified cultural districts.

We should meet ASAP to organize the BAMBD Vendors Association. If you are down to get up, let me know. Our occupation of Lake Merritt was a good expression of Pan African entrepreneurship but let us get organized as part of the Downtown Oakland Plan for the next 25 to 50 Years. 

SB 946 passed because the 30,000 Latino vendors on the streets of Los Angeles got organized. Let us do the same. 
Marvin X
BAMBD Co-founder
510-575-7148
jmarvinx@yahoo.com


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Date Published: 09/17/2018 09:00 PM



Senate Bill No. 946
CHAPTER 459

An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors.

[ Approved by Governor  September 17, 2018. Filed with Secretary of State  September 17, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 946, Lara. Sidewalk vendors.

Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street.
This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county.
The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority.
The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, as specified, to petition for dismissal of the sentence, fine, or conviction.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.

Vote: majority   Appropriation: no   Fiscal Committee: no   Local Program: no  



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities.
(2) Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise.
(3) Sidewalk vending contributes to a safe and dynamic public space.
(4) The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.
(5) The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.
(6) This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk.
(b) It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities.

SEC. 2.

 Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read:
CHAPTER  6.2. Sidewalk Vendors
51036.
 For purposes of this chapter, the following definitions apply:
(a) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
(b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
(d) “Local authority” means a chartered or general law city, county, or city and county.
51037.
 (a) A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039.
(b) Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food.
(c) Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter.
51038.
 (a) A local authority may adopt a program to regulate sidewalk vendors in compliance with this section.
(b) A local authority’s sidewalk vending program shall comply with all of the following standards:
(1) A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns.
(2) (A) A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
(B) Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:
(i) Directly related to objective health, safety, or welfare concerns.
(ii) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(iii) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(3) A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise.
(4) (A) A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns.
(B) Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors.
(5) A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, unless the restriction is directly related to objective health, safety, or welfare concerns.
(c) A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:
(1) Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street.
(2) Requirements to maintain sanitary conditions.
(3) Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(4) Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.
(5) Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit.
(6) Requiring additional licenses from other state or local agencies to the extent required by law.
(7) Requiring compliance with other generally applicable laws.
(8) Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following:
(A) The name and current mailing address of the sidewalk vendor.
(B) A description of the merchandise offered for sale or exchange.
(C) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(D) The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
(E) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(d) Notwithstanding subdivision (b), a local authority may do both of the following:
(1) Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(2) Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit.
(e) For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
51039.
 (a) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A) An administrative fine not exceeding one hundred dollars ($100) for a first violation.
(B) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
(C) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(2) A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
(3) (A) If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(ii) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
(iii) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.
(B) Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively.
(b) The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.
(c) Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.
(d) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law.
(2) Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed.
(e) A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038.
(f) (1) When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of his or her 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, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a).
(3) The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
(g) (1) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.
(2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.
(3) Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).
(4) If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.
(5) Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.
(6) Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.

SEC. 3.

 The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identification number, individual taxpayer identification number, or municipal identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be confidential, except as provided in this act.

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