According to Virginia Mercury, at the City of Virginia Beach‘s request, Delegate Anne Ferrell Tata, R-Virginia Beach, submitted HB 235, which would allow cities and towns to impose monetary penalties on people who occupy public spaces for commercial purposes without the city or town’s consent.
Street VendorPhoto bySvetlana GumerovaonUnsplash
Penalties for use of public spaces
The bill is to prevent anyone from selling a product, service, or anything else for financial gain, like food or merchandise on the streets. Those who receive donations while performing on public property are protected by the First Amendment as long as they do not directly ask for money.
The penalties for violations:
- $500 for the first violation
- $1,000 for the second violation
- $1,500 for the third or subsequent offense
- Each day the public space is occupied would be counted as a separate offense.
The penalties for violations would be in addition to what is already allowed under current law, which makes commercial use of public areas a Class 4 misdemeanor that can lead to jail time if the offenders do not stop using the space.