A few local business owners gathered at La Jolla Shores on Tuesday to rally against what they're calling a "ban" on public events and services held on city beaches.
The gathering was organized by Amy Reichert, the chairwoman of Restore San Diego.
"100 small businesses — many of them family owned, minority-owned and veteran-owned —. came to me and said that the city has slammed the doors of city hall in their face," Reichert said.
NBC 7 spoke with Rene Contreras, the owner of Blulite Bonfires, who said he's been running his business on the beach for about two years now without any issues. Last month, however, something changed, Contreras said.
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"As of Feb.13, the ity of San Diego and our district actually amended the street vending ordinance, and in that ordinance, they added a bunch of new vocabulary to clear some things up and made it very specific that all beach service professionals are no longer allowed to utilize the event space on the beach," Contreras said.
A representative for the city told NBC 7 that the sidewalk vending ordinance that was passed last year, as well as its recent amendment, has nothing to do with a municipal code that has been in the books for decades.
"There really is no confusion," said José Ysea, a spokesman for the city. "Everything is outlined on our website and in the municipal code. No type of business activity is allowed on the actual sand — on the actual beach."
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Ysea was referring to a code that's been on the books since 1994. The city also cited concerns from lifeguards about unregulated commercial activity creating a distraction.
"Lifeguard resources must be dedicated to public safety and water observation," said lifeguard chief James Gartland.
In a statement to NBC 7, the city further clarified:
"What the city now has in place is a legal process for businesses to follow, with locations where they are allowed to operate. This guidance comes after we saw a proliferation of these businesses during the pandemic, creating a situation that was hampering access for residents and visitors. Our beaches are public space and should be open and available to everyone."
Contreras, however, said his experience, as well as the experience of other business owners, has been different.
"Where in the past, yes, it's kind of been on the books, it's been a very gray area," Contreras said. "We've had businesses operate for a decade-plus without any type of issues. But that's also created many, many issues because they've been setting up parties and events that have created a bad stigma for our community."
NBC 7 asked the city whether this was an issue of the municipal code not being enforced until recently.
"It's not that we've stepped up enforcement, so to speak, it's just that we're clarifying the rules and letting them know what they can and can't do," Ysea said.
Contreras hopes that the rally can start a conversation with the city and potentially create a process to obtain a permit to hold events on the beach.
"We've been trying to work with the city of San Diego and our officials for the past two years and haven't had much of a response," Contreras said.
Nicole Darling, a director of communications for the city, said there are particular locations where businesses are able to operate with a permit, and that businesses can apply for one through the city's website.
"The special-event permit process is still in place 9and always has been) for nonprofits and private events," Darling said.
