For purposes of this chapter, the following words or phrases
shall have the following meanings:
means any type of edible victuals or beverage.
means any self-propelled, motorized device or vehicle by
which any person or property may be propelled or moved upon a highway,
excepting a device moved exclusively by human power, or which may
be drawn or towed by a self-propelled, motorized vehicle, from which
food or food products are sold, offered for sale, displayed, bartered,
exchanged or otherwise given. Mobile food facility shall not include
any vehicle only vending prepackaged food provided that the owner
or operator of the vehicle has obtained all applicable State, local
and City permits and approvals.
means any properly labeled and processed food, prepackaged
to prevent any direct human contact with the food product upon distribution
from the manufacturer, and prepared at an approved source.
means to sell, offer for sale, display, barter, exchange,
or otherwise give food or food products from a mobile food facility.
means a person who vends, including an employee or agent
of a vendor.
(Ord. 680 § 1, 2014)
(a)
No mobile food facility may vend or locate on any private property or City property except as permitted in this section. All permitted operations on private property or City property shall comply with the operational standards set forth in subsections (a), (b), (f) to (q), and (t) of Section 8.42.030 (Mobile food facility in the right-of-way).
(b)
Mobile
food facilities may vend or locate on non-residential private property
with written permission from the property owner pursuant to a site
permit issued under this section or if approved as part of a Temporary
Use Permit (TUP) for a special event as outlined in Section 21.60.060
(Temporary uses). In addition, any mobile food facility participating
in a City sponsored event shall not be required to obtain a site permit
or TUP and may vend as part of the City sponsored event.
(c)
Mobile
food facilities wishing to obtain a site permit to vend on private
property located in a non-residential zone or City property outside
of the public right-of-way shall file a written request to do so at
least ten (10) days prior to the requested date of vending. Such request
may be made on a form prescribed by the Community Development Director
and shall include, at a minimum, the location, date, and time of the
requested vending. Mobile food facilities may request, and the Community
Development Director may grant, a site permit covering multiple dates
and times and locations. No application for a site permit shall be
accepted unless the application is accompanied by a fee in an amount
set by City Council resolution.
(d)
The
Community Development Director shall evaluate and consider any request
for a site permit. The Community Development Director may approve,
conditionally approve or deny the request consistent with the requirements
of this chapter and the public health, safety, and welfare. The Community
Development Director's decision may be appealed in the same
manner as a mobile food facility permit.
(e)
Violation
of any site permit shall be grounds for suspension or revocation of
a mobile food facility permit. A site permit may be suspended or revoked
in the same manner as a mobile food facility permit.
(Ord. 680 § 1, 2014)
A vendor may locate its mobile food facility in the public right-of-way
as long as the vendor adheres to the following standards and conditions:
(a)
The vendor has a valid mobile food facility permit and business license from the City, including insurance as defined in subsection (o) of this Section.
(b)
The
mobile food facility is in full compliance with all parking and Vehicle
Code provisions which apply to the location at which it is parked.
(c)
The
mobile food facility does not obstruct pedestrian or vehicular traffic.
(d)
Vending
is prohibited on the exposed street and/or vehicular traffic side
of the mobile food facility.
(e)
The
vendor shall not distribute any item from the mobile food facility
in a manner that causes any person to stand in that portion of the
street that is between the vehicle and the center of the street.
(f)
The
vendor shall not encroach onto a public sidewalk with any part of
its mobile food facility or any other equipment or furniture related
to the operation of its business.
(g)
The
mobile food facility has a valid permit, certificate or other required
approval from the Riverside County Department of Health.
(h)
All
food products sold or provided from the mobile food facility shall
comply with all applicable food labeling requirements established
by the State of California and the vendor must obtain all required
permits, including without limitation, health permits, to sell or
provide such items.
(i)
No
alcohol beverage, general merchandise or commercial sales other than
food are permitted.
(j)
No
amplified music is permitted.
(k)
A
mobile food facility is limited to two (2) signs excluding exterior
graphics. The exterior sign shall be secured at all times that the
mobile food facility is moving. No sandwich board or other signs are
permitted on the ground in the area or on the mobile food facility.
(l)
No
vendor may engage in vending or otherwise operate a mobile food facility:
(1)
Within one hundred fifty (150′) feet from the outer edge of any entrance
of any business on private property during the hours such business
is open to the public. This prohibition may be waived with the written
consent of such business.
(2)
Within twenty-five (25′) feet of any street intersection controlled
by a traffic light, crosswalk, or stop sign.
(3)
Within twenty-five (25′) feet of a bus stop.
(4)
No mobile food facility may be located within three hundred (300′)
feet of the nearest property line of any property on which a public
or private school building is located, between the hours of 7:00 a.m.
and 5:00 p.m. of any school day.
(m)
A
mobile food facility may only stand or park in the public right-of-way
between the hours of 9:00 a.m. and dusk.
(n)
No
vendor shall engage in vending unless he or she maintains a clearly
designated litter receptacle in the immediate vicinity of the mobile
food facility, marked with a sign requesting use by patrons. Prior
to leaving the location, the vendor shall pick up, remove and dispose
of all trash generated by the vendor's operation located within
a twenty-five-foot (25′) radius of the mobile food facility's
location. This does not include picking up trash in the street in
an unsafe manor.
(o)
The
vendor shall maintain insurance, as deemed acceptable in the reasonable
discretion of the City, and provide to the City written certification
thereof, against liability for death or injury to any person and damage
to property as a result of ownership, operation, or use of its mobile
food facilities. The City Council may adopt insurance requirements
as set by resolution. In addition, the vendor shall indemnify, defend
and hold the City harmless from any claims arising out of or related
to the vendor's ownership, operation, or use of its mobile food
facilities, except as otherwise permitted by applicable law.
(p)
The
vendor shall not discharge any liquid (e.g., water, grease, oil, etc.)
onto or into City streets, storm drains, catch basins, or sewer facilities.
All discharges shall be contained and properly disposed of by the
vendor.
(q)
A
mobile food facility shall be operated within two hundred (200′) feet
travel distance of an approved and readily available toilet and handwashing
public facility to ensure that restroom facilities are available to
customers or truck employees whenever the mobile food facility is
stopped to conduct business for more than a one (1) hour period.
(r)
A
mobile food facility may not stand or park in the public right-of-way
with a street speed limit of thirty-five (35) miles per hour or less,
regardless if it is posted.
(s)
A
mobile food facility may not stand or park in one spot in the public
right-of-way for more than one (1) hour.
(t)
Mobile
food facilities shall comply with all applicable State and local laws.
(Ord. 680 § 1, 2014)
(a)
No
mobile food facility or vendor may vend in the City without first
obtaining and having in his or her possession an annual mobile food
facility permit issued by the City's Community Development Director
in accordance with this chapter.
(b)
To
receive a mobile food facility permit, a vendor must complete a permit
application on the form approved by the City and file it with the
City. The applicant must provide the following information:
(1)
Applicant's full name and address.
(2)
Proof of applicant's identity.
(3)
Proof of insurance coverage satisfactory to City.
(4)
A brief description of the type of food products to be sold. This
shall include the nature, character and quality of the product.
(5)
The location and/or streets where the applicant plans to vend.
(6)
If applicant is employed by another to vend, the name and business
address of the employer.
(7)
A description of the vending vehicle, including logo and color scheme,
its registration number, and its license number.
(8)
A copy of the valid Riverside County Department of Health permit.
(9)
A copy of the applicant's City business license.
(10)
A certification that he or she complies with all local, State and
Federal laws regarding food product vending, including all applicable
sales tax requirements and this chapter.
(c)
No
application for a new or renewed mobile food facility permit shall
be accepted unless the application is accompanied by a fee in an amount
set by City Council resolution.
(Ord. 680 § 1, 2014)
(a)
Upon
receipt of a written application for a mobile food facility permit,
the Community Development Director shall conduct such investigation
as he or she deems appropriate to determine whether a mobile food
facility permit should be approved. A permit shall be approved, conditionally
approved, or denied within thirty (30) calendar days of the filing
of an application. The mobile food facility permit shall be approved
unless one of the following findings is made:
(b)
The
City may condition the approval of any mobile food facility permit
to ensure compliance with this Chapter and other applicable laws.
(c)
Any
mobile food facility permit shall be valid for the term of one (1)
calendar year (January through December). Upon the expiration of the
mobile food facility permit, an application for renewal shall be filed
in a like manner as an application for an original mobile food facility
permit, and such renewal permit shall be approved or conditionally
approved only when the requirements for the issuance of an original
permit are met.
(d)
Any
mobile food facility permit may be suspended or revoked by the Community
Development Director for failure to comply with the terms and conditions
of this chapter. Such suspension or revocation shall be made with
written notice to the permit holder, stating the grounds for the revocation
and the procedures for appealing the same. The permit holder may appeal
this decision by filing a written request for appeal with the City
Clerk within fifteen (15) days of the date of the notice. Any revocation
or suspension shall be stayed during the pendency of the appeal unless
the immediate public health or safety requires otherwise. The hearing
on the appeal shall be held within sixty (60) calendar days of the
appeal request unless otherwise agreed to by the parties. The City
Council may conduct the hearing or designate a hearing officer, consistent
with applicable law, to do so. The City Council's or hearing
officer's decision shall be final.
(e)
A
mobile food facility permit shall not be assignable or transferable.
(Ord. 680 § 1, 2014)
