For purposes of this chapter, the following words or phrases
shall have the following meanings:
"Mobile food facility"
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.
"Prepackaged food"
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.
"Vend" or "vending"
means to sell, offer for sale, display, barter, exchange,
or otherwise give food or food products from a mobile food facility.
"Vendor"
means a person who vends, including an employee or agent
of a vendor.
(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)
All penalties for violations of this chapter shall be as set forth in Chapter
1.16 General Penalty of the Indian Wells Municipal Code. The penalties provided in Chapter
1.16 are cumulative to any other penalty provided by law.
(Ord. 680 § 1, 2014)