The following words and phrases, whenever used in this chapter,
shall mean as follows:
"Block"
means the aggregate of private lots, passages, and common
drives without the separation of another street or an area of land
within a subdivision entirely bounded by streets, or bounded on part
by streets and in part by the exterior boundary of the subdivision.
"Director"
means the city manager, or his or her designee.
"Outdoor vendor"
means a person who vends from a vending cart or from one's
person, upon a public sidewalk, pedestrian path, or other public right-of-way
available to pedestrians. An outdoor vendor may be either a roaming
vendor or a stationary vendor.
"Permit"
means an outdoor vendor permit issued pursuant to this chapter.
"Person"
means one or more natural persons, groups, businesses, business
trusts, companies, corporations, joint ventures, joint stock companies,
partnership, entities, associations, clubs, or organizations composed
of two or more individuals (or the manager, lessee, agent, servant,
officer, or employee of any of them), whether engaged in business,
nonprofit, or any other activity.
"Roaming vendor"
means a vendor who moves from place to place and stops only
to complete a transaction.
"Temporary special permit"
means a permit issued by the city for the temporary use of,
or encroachment on, the sidewalk or any 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 concerns.
"Transit stop"
means a site containing a rail station or the intersection
of two or more bus routes with a service interval of fifteen minutes
or less during the morning and afternoon peak commute periods.
"Vend" or "vending"
means to sell, offer for sale, display for sale, or solicit
offers to purchase, food, food products, beverages, goods, or merchandise.
"Vending cart"
means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other nonmotorized conveyance used for vending,
that is not a vehicle as defined in the California
Vehicle Code.
(Ord. 19-08 § 4)
No person, either for themselves or any other person, shall
conduct or engage in outdoor vending within the city without first
obtaining an outdoor vending permit pursuant to this chapter.
(Ord. 19-08 § 4)
To apply for an outdoor vending permit, a person must file an
application with the director, accompanied by a nonrefundable processing
fee in an amount established by resolution of the city council. The
application shall be in a form prescribed by the director and shall
contain, at a minimum, the following:
A. The
legal name and current address and telephone number of the applicant;
B. If the
applicant is an agent of an individual, company, partnership, corporation,
or other entity, the name and business address of the principal;
C. A description
of the food or merchandise offered for sale;
D. Whether
the applicant intends to operate as a stationary vendor or a roaming
vendor;
E. A copy of a valid business license issued pursuant to Chapter
5.04 of the Temecula Municipal Code;
F. A California
seller's permit number pursuant to Section 6067 of the Revenue and
Taxation Code;
G. Certification
by the applicant that the information contained in the application
is true to his or her knowledge and belief;
H. If an
outdoor vendor of food or food products, certification to completion
of a food handler course and proof of all required approvals from
the Riverside County Department of Environmental Health;
I. Proof
of general liability insurance with minimum combined single limits
coverage of one million dollars and naming the city and Temecula Community
Services District as "additional insureds" in a form approved by the
city manager;
J. A plan
of how the outdoor vendor will collect and dispose of trash and recycling;
K. A diagram
that identifies the dimensions of the vending cart (height, width,
and depth);
L. A colored
photograph of the vending cart;
M. A plan
of how the outdoor vendor will properly display Department of Environmental
Health permit and business license on the cart;
N. Identify
the proposed hours of operation; and
O. Any
other reasonable information regarding the time, place, and manner
of the proposed vending.
(Ord. 19-08 § 4)
A permit shall be valid for twelve months from the date of issuance,
and shall expire and become null and void on the anniversary of its
issuance. A person may apply for a permit renewal on a form provided
by the city prior to the expiration of his or her active permit.
(Ord. 19-08 § 4)
The director may revoke a permit issued to an outdoor vendor
for a fourth violation or subsequent violation of this chapter. An
outdoor vendor whose permit is revoked may apply for a new permit
upon the expiration of the term of the revoked permit.
(Ord. 19-08 § 4)
Any person aggrieved by the decision of the director to issue, deny issuance, or rescind a permit may appeal the decision to the city council pursuant to the provisions of Chapter
2.36 of this code. The appeal shall be filed with the city clerk within ten days following the date of the director's decision.
(Ord. 19-08 § 4)
No permit granted pursuant to this chapter shall be transferable.
(Ord. 19-08 § 4)
Outdoor vendors shall comply with the following operating standards:
A. No outdoor
vendor shall vend in any of the locations listed below. Any distances
identified below shall be measured from the property line.
1. Within
fifty feet of any street intersection;
2. Within
fifteen feet of any fire hydrant, fire call box, police call box,
or other emergency facility;
3. Within
twenty-five feet of any driveway or driveway apron;
4. Within
fifty feet of a transit stop;
5. Upon
or within any roadway, median strip, or dividing section;
6. Upon
an outdoor area that is unpaved or unimproved (i.e., is not made from
concrete, asphalt, or similar material);
7. Within
two hundred feet of a permitted certified farmers' market, a swap
meet, or an area designated for a temporary special permit. This prohibition
shall be limited to the operating hours of the farmers' market or
swap meet, or the limited duration of the temporary special permit.
8. Within
two hundred feet of any property on which a school building or facility
is located during the following times:
a. An hour before school is in session; and
b. An hour before and an hour after school dismissal.
9. Within
one hundred feet of any public picnic area, playground area, or playground
equipment.
10. Within two hundred feet from the Civic Center building, Civic Quad
and Town Square.
11. Outdoor vendors shall not be located at any signalized intersections
or in any manner block traffic signal equipment and cabinets.
B. Stationary
outdoor vendors are prohibited from operating in the following zoning
districts: Hillside Residential District (HR), Rural Residential (RR),
Very Low Density Residential (VL), Low Density Residential (L-1 and
L-2), Low Medium Density Residential (LM), Medium Density Residential
(M), High Density Residential (H), and Hillside Residential-Santa
Margarita (HR-SM).
C. Stationary
outdoor vendors shall not vend at any park where the city has signed
an agreement for concessions that exclusively permits the sale of
food or merchandise by a concessionaire.
D. Stationary
outdoor vendors shall not be located on utility boxes or in a manner
that obstructs access to a utility box.
E. No outdoor
vendor shall vend in a manner that blocks or obstructs the free movement
of pedestrians or vehicles. Outdoor vendors must at all times provide
a clearance of not less than four feet on all outdoor or pedestrian
areas so as to enable persons to freely pass while walking, running,
or using mobility assistance devices.
F. Outdoor
vending is permitted during the following time periods:
1. From
dusk until dawn, in the following zoning districts: Hillside Residential
District (HR), Rural Residential (RR), Very Low Density Residential
(VL), Low Density Residential (L-1 and L-2), Low Medium Density Residential
(LM), Medium Density Residential (M), High Density Residential (H),
and Hillside Residential-Santa Margarita (HR-SM).
2. In
nonresidential areas, the hours of operation shall be between seven
a.m. to nine p.m. daily. In no event shall the limit on hours of operation
be more restrictive than the hours of operation of other businesses
or uses on the same block.
3. In
city parks, outdoor vending shall be permitted during public park
hours of operation.
G. Outdoor
vendors shall provide a trash receptacle for customers and ensure
proper disposal of customer trash. Prior to leaving any vending location,
the outdoor vendor shall pick up, remove, and dispose of all trash
generated by the vending operations or the outdoor vendor's customers
within a fifteen-foot radius of the vending location.
1. A
stationary outdoor vendor shall maintain a clearly designated trash
receptacle in the immediate vicinity of the vending cart marked with
a sign requesting use by patrons. The trash receptacle shall be large
enough to accommodate customer litter without resort to use of existing
trash receptacles located on any block for use by the general public.
The outdoor vendor's trash receptacle may not be left on the public
right-of-way upon leaving any vending location. The outdoor vendor
shall not empty its trash receptacle into a city refuse container.
2. A
roaming outdoor vendor shall maintain a trash receptacle attached
to the vending cart marked with a sign requesting use by patrons.
The trash receptacle shall be large enough to accommodate customer
litter without resort to use of existing litter receptacles located
on any block for use by the general public. The outdoor vendor shall
not empty its litter receptacle into a city refuse container.
H. Outdoor
vendors of food or food products shall possess and display in plain
view on the vending cart a valid mobile food facility permit from
Riverside County Department of Environmental Health.
I. Outdoor
vendors shall possess at all times while vending a valid permit issued
pursuant to this chapter, as well as any other permit or license required
by the city and any other appropriate governmental agency. The permit
shall be displayed in plain view on the vending cart.
J. Outdoor
vendors shall comply with all applicable state and local laws, including,
without limitation, state food preparation, handling, and labeling
requirements; fire codes and regulations; noise standards; parking
requirements; and the Americans with Disabilities Act of 1990 and
other disability access standards (both state and federal).
K. Vending
carts shall not be chained, fastened, or affixed at any time to any
building or structure, fences and utilities, including, but not limited
to, lampposts, parking meters, traffic signals, fire hydrants, benches,
bus shelters, trash cans, street signs, trees, or other objects within
the public right-of-way. No vending cart shall become a permanent
fixture on the vending site or be considered an improvement to real
property.
L. Autonomous
vending is prohibited.
M. Vending
carts shall not be left unattended or stored on public property, within
the public right-of-way, or on private property visible from the public
right-of-way.
N. Outdoor
vendors shall possess at all times while vending proof of liability
insurance.
O. Outdoor
vendors shall not sell any of the following prohibited items:
3. Tobacco
products, vapes, e-cigarettes;
4. Adult
orientated material;
6. Toy
guns and toy weapons;
7. CO2
powered, spring powered and air powered weapons;
10. Starter guns and fake knives.
P. The
use of amplified sound is prohibited.
Q. Outdoor
vending carts shall be maintained in a clean and neat manner.
R. Vending
carts that will be operated in the Old Town Specific Plan area shall
not be substantially different in appearance from stationary vending
carts that are permitted to operate in the Old Town Specific Plan
area.
S. Outdoor
vendors must ensure that food and merchandise are securely fastened
to the vending cart in such a manner that the food or merchandise
does not fall off or extend outside of the frame of the vending cart.
T. All
signage and advertising related in any way to the outdoor vendor must
be attached to the vending cart or the outdoor vendor's person, and
shall not be flashing or animated.
(Ord. 19-08 § 4)