The City Council expressly finds that vehicles in which produce,
confections, and food products are prepared, cooked, and/or carried
for purposes of retail sale on the public streets pose special dangers
to the public health, safety, and welfare of children and residents
in the City of Palm Springs. It is the purpose and intent of the City
Council, in enacting this, to provide responsible companies and individuals
who engage in the operation of Mobile Food Vending Vehicles with clear
and concise regulations to prevent safety, traffic, and health hazards,
as well as to preserve the peace.
(Ord. 1877 § 2, 2015)
As used in this Chapter:
means the area generally bounded by both sides of Vista Chino
on the north, both sides of the alignment of Palm Canyon Drive, Alejo
Road, Belardo Road, North Museum Drive, E. Tahquitz Canyon Way, and
Belardo Road on the west, both sides of Ramon Road on the south, and
both sides of Palm Canyon Drive and Indian Canyon Drive on the east.
means items intended primarily for consumption by human beings.
means any Category 1, 3, 4, or 5 mobile food facility as
defined by Riverside County Ordinance No. 580.5, as may be amended
from time to time, that is equipped or primarily used for the preparation
and retail sale of food on any public street, alley, parking lot,
or highway within the City. The inventory of these vehicles need not
be necessarily limited to produce, food, or confections.
means any person who:
means a permit issued by the City Manager authorizing the
holder thereof to engage in the business of food vending.
means any person who drives, operates or vends from a Mobile
Food Vending Vehicle and shall include the driver and assistant on
each Mobile Food Vending Vehicle.
means all grounds, buildings, improvements, and areas dedicated
to use by the public for park, recreation, or open space purposes
and over which the City has acquired right of use for such purposes.
The term "Park" includes sidewalks, trails, and pathways in or around
park facilities, park strips, and other grounds of any park.
means any natural person, firm, partnership, association,
corporation, or stockholder and includes, but is not limited to, owners,
operators, drivers, lessors, and lessees of food trucks.
means offering food products of any kind for preparation
or sale from a Mobile Food Vending Vehicle as defined in this section
on a street, alley, highway or public place within the City and includes
the movement or standing of a Mobile Food Vending Vehicle for the
purpose of preparing food for retail sale, or searching for, obtaining
or soliciting retail sales of products.
(Ord. 1877 § 2, 2015)
No person shall operate or cause the operation of a Mobile Food
Vending Vehicle in the City without a Mobile Food Vendor's permit
issued pursuant to the provision of this Chapter and any other license
or permit required under any other provision of this code. Additionally,
a mobile food facility permit issued by the county of Riverside and
certificates of inspection from the Office of the Fire Marshal, are
required for each and every Mobile Food Vending Vehicle before the
Mobile Food Vendor's permit is issued.
(Ord. 1877 § 2, 2015)
The term of the Mobile Food Vendor permit, unless sooner suspended or revoked, shall be annual. Upon the expiration of such term, the permittee may renew the permit by paying the renewal fee as is established by resolution of the City Council. If there are substantial changes in the original application, a new application shall be required in conformance with Section 6.15.050.
(Ord. 1877 § 2, 2015)
A.
Any
person who desires to obtain a permit to operate or cause the operation
of one or more Mobile Food Vending Vehicles shall obtain an application
from the City Manager. Prior to submitting such application a nonrefundable
fee, as established by resolution of the City Council, shall be paid
to the City Manager to defray, in part, the cost of the investigation
and report required by this Chapter. After an application permit has
been filed with the City Manager, the City Manager shall cause an
investigation to be made by the health officer and chief of police.
Permit issuance fees required under this Chapter shall be in addition
to any license, permit or fee required under any other Chapter of
this code.
B.
Neither
the filing of an application for a permit, nor the payment of an application
fee, shall authorize the vending from, operation or management of
a Mobile Food Vending Vehicle until such permit has been granted or
renewed.
C.
Each
applicant for a permit to conduct business as a Mobile Food Vendor
shall furnish the following information:
1.
The
present or proposed address from which the business is to be conducted;
2.
The
full true name under which the business will be conducted;
3.
The
full true name and any other names used by the applicant;
4.
The
present residence and business address and telephone numbers of the
applicant;
5.
A
general description of the kinds of merchandise that the Mobile Food
Vending Vehicles will vend;
6.
The
number of vehicles to be owned, operated or controlled by the applicant
and the makes, body styles, years, serial and engine numbers, state
license plate numbers, and names and addresses of the registered and/or
legal owners of each vehicle;
7.
A
description of the logo, color scheme, insignia, and any other distinguishing
characteristics of applicant's vehicles;
8.
Insurance
in the manner and form required by this Chapter from a responsible,
solvent insurance carrier authorized to issue public liability and
property damage insurance in the state of California;
9.
The
full and true names, addresses and telephone numbers of all persons
employed or intended to be employed, or with whom the applicant has
contracted, leased or intends to contract with as driver operator
of the applicant's vending vehicles, and in addition, their:
10.
If the applicant is a corporation, the name shall be stated exactly
as set forth in its articles of incorporation. The applicant shall
show the name and residence address of each of the officers, directors,
and each stockholder, owning not less than ten percent of the stock
of the corporation, and the address of the corporation itself, if
different than the applicant's place of business. If the applicant
is a partnership, the application shall show the name and residence
address of each of the partners, including limited partners, and the
address of the partnership itself, if different than the applicant's
place of business;
11.
All criminal convictions of the principals, operators, drivers, excluding
minor traffic offenses (any traffic offense designated as a felony
shall not be construed as a minor traffic offense), stating the date,
place, nature and sentence of each such conviction;
12.
The applicant, if other than an individual, shall also furnish the
following information:
a.
Each business address of the applicant for the three-year period
immediately preceding the date of the application and the inclusive
dates of each such business,
b.
The nature of the business or firm for the three-year period immediately
preceding the date of the application, and
c.
The permit history of the applicant for the three-year period immediately
preceding the date of the filing of the application, including whether
such applicant, in previously operating in this or any other city,
county, state or territory, has ever had any similar license or permit,
or franchise revoked or suspended, and if so, the circumstances of
such suspension or revocation;
13.
Such other identification and/or information as the City Manager
may require in order to discover the truth of the matters required
to be set forth in the application.
(Ord. 1877 § 2, 2015)
The City Manager shall act to approve or deny an application
for a Mobile Food Vendor's permit under this Chapter within a reasonable
period of time and in no event shall the City Manager act to approve
or deny said permit later than ninety days from the date the application
was accepted as complete by the City Manager. Every Mobile Food Vendor
permit issued pursuant to this Chapter will terminate at the expiration
of one year from the date of its issuance unless sooner suspended
or revoked.
(Ord. 1877 § 2, 2015)
A.
The
City Manager shall grant the Mobile Food Vendor's permit if the City
Manager finds that all of the following requirements have been met:
1.
The
required fees have been paid;
2.
The
application conforms in all respects to the provisions of this Chapter;
3.
The
applicant has not knowingly made a material misrepresentation of fact
in the application;
4.
The
applicant has fully cooperated in the investigation of the application;
5.
The
applicant if an individual; or any of the directors, officers or stockholders
holding more than ten percent of the stock of the corporation; or
any of the partners, including limited partners, or profit interest
holder, manager or other person principally in charge of the operation
of the existing or proposed business of vending from a food vending
truck or a natural person employed or contracted with to be a driver
has not been convicted or pleaded nolo contendere or guilty within
five years prior to his or her application for a permit to a misdemeanor
or felony crime of moral turpitude or drug-related misdemeanor or
felony crime, including, but not limited to:
a.
the sale of a controlled substance specified in California Health
Safety Code Sections 11054 through 11058;
b.
the sale, distribution or display of harmful or obscene matter;
c.
indecent exposure;
d.
selling or disposing of lottery tickets;
e.
permitted gambling, pool selling or bookmaking; or in the case of
applications for an operator's permit, alcohol or drug-related traffic
offenses.
B.
The
City Manager is specifically authorized to obtain state summary criminal
history record information as provided for in Section 11105 of the
California Penal Code. Any complaint for the above-listed charges
pending before a court of law shall cause the application to be considered
pending until adjudication of the complaint.
(Ord. 1877 § 2, 2015)
A.
If the City Manager finds that the requirements set forth in Section 6.15.070 have not been met, the City Manager shall deny the application for a Mobile Food Vendor's permit. In the event the application is denied by the City Manager, written notice of such denial shall be given to the applicant specifying the basis for such denial. Notice of denial shall be deemed to have been served if, in fact, it is personally served to the applicant or when deposited in the United States mail with prepaid postage and addressed to the applicant at his or her residence address as set forth in the application.
B.
Any
applicant whose application for a Mobile Food Vendor permit has been
denied by the City Manager, may submit an appeal in writing to the
City Clerk within fifteen days of such denial. The City Council may
refer the appeal to a hearing officer.
(Ord. 1877 § 2, 2015)
A.
Any
vendor permit may be suspended or revoked by the City Manager for
any of the following reasons:
1.
Falsehood
of any information supplied by the permittee upon which issuance of
the permit was based;
2.
Failure
of the permittee to notify the City Manager within two weeks of any
change occurring subsequent to the issuance of the permit in the information
supplied by the permittee upon which issuance of the permit was based;
4.
Violation
by the permittee, or any employee, subcontractor or independent contractor
of the permittee, of any state law or municipal ordinance while in
the course of conducting vending operations from food trucks pursuant
to the permit.
B.
No such
suspension or revocation shall become effective until the permit holder
has been notified in writing of the right of such permit holder to
appeal the suspension or revocation. Notification of the permit holder
shall be made either by personal delivery or by certified or registered
mail, return receipt requested, addressed to the permit holder at
such permit holder's residence address as set forth on the application
for a permit. If an appeal is filed, the suspension or revocation
shall be stayed and shall become effective only upon decision of the
City Council or, at the option of the City Council, by a hearing officer.
The suspension or revocation shall become effective after the timely
appeal period has expired. The appeal shall be in writing and filed
with the City Clerk within fifteen days of effective date of suspension
or revocation.
C.
No person
whose permit is revoked shall be eligible to apply for a new permit
for a period of one year following such revocation.
(Ord. 1877 § 2, 2015)
A.
Each
Mobile Food Vending Vehicle shall have a current, valid county of
Riverside grade card/decal health inspection sticker affixed to the
lower right side of the windshield and a current, valid business license
decal affixed as specified in Section 5.04.200 of this code.
B.
Each individual who drives, operates or vends from a Mobile Food Vending Vehicle shall have on his or her person a current, valid California driver's license and a food worker certificate pursuant to Section 6.07.020 of this Code, which he or she shall make available for inspection by law enforcement officials or code compliance officers upon request.
C.
Condition/Appearance
of Site.
1.
The
site where a Mobile Food Vending Vehicle is parked shall be maintained
in a safe and clean manner at all times.
2.
Exterior
storage of refuse, equipment or materials associated with the food
vending truck is prohibited.
3.
The
Mobile Food Vending Vehicle shall maintain vehicular and pedestrian
circulation and access consistent with all local and state regulations.
4.
Any
Mobile Food Vending Vehicle parked out of the public right-of-way
to conduct business must have the written consent of the property
owner to do so. If such a food vending truck has written permission
from the property owner, up to four tall stand-up cocktail-type tables
but, no chairs, no fences or other site furniture (permanent or otherwise)
shall be permitted.
D.
Litter
Control.
1.
Any
Mobile Food Vending Vehicle licensed by the county of Riverside as
a Category 4 or Category 5 mobile food facility shall provide a minimum
of two thirty-two-gallon litter receptacles within fifteen feet of
the vehicle. The receptacles will serve both employees and customers.
2.
The
Mobile Food Vending Vehicle vendor shall maintain the subject property
and adjacent right-of-way free of litter on and within one hundred
feet of the vending site.
3.
All
refuse shall be removed from the vending site and properly disposed
of within thirty minutes of the close of vending for the day at that
site.
E.
Security.
1.
The
vendor shall install signage indicating that loitering is not permitted
and customers may only remain on the lot for up to thirty minutes
after receiving their food.
2.
The
vendor shall enforce the no-loitering rule.
3.
The
serving or consumption of alcohol shall be prohibited at vending sites.
F.
Toilets
and Handwashing Facilities. In order for a Mobile Food Vending Vehicle
to remain parked and conducting business in one location longer than
one hour, it must be situated within two hundred feet travel distance
of a legally approved and permitted toilet and handwashing facility,
or as otherwise approved by the City Manager, to ensure that restroom
facilities are available to Mobile Food Vending Vehicle employees.
The Mobile Food Vending Vehicle operator must have permission of the
property owner to use the toilet and handwashing facility.
G.
Mobile
Food Vending Vehicles operating as part of a special event permitted
by the City Manager shall comport with the permissions and restrictions
of the approved permit.
(Ord. 1877 § 2, 2015)
A.
No person
shall vend from a Mobile Food Vending Vehicle which is stopped, parked,
or standing on any public street or parking lot within Downtown Palm
Springs.
B.
No
person shall vend from a Mobile Food Vending Vehicle which is stopped,
parked, or standing on any public street or parking lot when the following
apply:
1.
When
the Mobile Food Vending Vehicle is parked within 500 feet of the nearest
property line of any school serving students 18 years of age or younger,
or any public park unless that school is a college, university, or
vocational school that primarily serves students older than eighteen
years of age, unless the Mobile Food Vending Vehicle is associated
with a certified farmers' market that is open at the time that the
food vending truck is conducting business;
2.
When
the posted speed limit on the public street, alley or highway is greater
than thirty-five miles per hour;
3.
When
the Mobile Food Vending Vehicle is parked in violation of any other
provision of this Code, or the California Vehicle Code;
4.
When
any part of the Mobile Food Vending Vehicle is open to prospective
customers other than on the side of the vehicle next to the right
side of the street, alley or highway;
5.
When
the Mobile Food Vending Vehicle is not stopped, parked or standing
on the right side of the street, alley or highway;
6.
When
the prospective customer is standing or sitting in another vehicle;
7.
When
the prospective customer is located in that portion of the street,
alley or highway which is open to vehicular traffic.
C.
No
person shall operate, or cause to be operated, any Mobile Food Vending
Vehicle with sound-amplifying equipment in operation per Section 5.92.030
of this code.
D.
No
person shall back up a Mobile Food Vending Vehicle to make or attempt
a sale.
E.
No
minor shall ride in or on a Mobile Food Vending Vehicle.
(Ord. 1877 § 2, 2015)
A.
It is
unlawful for any person to own, lease, drive, operate or cause or
permit to be driven or operated any Mobile Food Vending Vehicle in
the City unless such person has submitted with his or her application
for a permit the required insurance policies outlined in this section,
which shall be issued by an insurance company currently authorized
by the insurance commissioner to transact business of insurance in
the state of California, with an assigned policyholders' rating of
A- (or higher) and financial size category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager. Such policies shall
conform in all respects to the requirements of this Chapter.
B.
The
required motor vehicle liability policy shall insure the owner, driver,
and any other person using or responsible for the use of any Mobile
Food Vending Vehicle with the consent, expressed or implied, of such
owner, driver or person, against loss from the liability imposed upon
such owner, driver or person by law for injury to, or death of, any
person, or damage to property growing out of the maintenance, operation
or ownership of any Mobile Food Vending Vehicle in an amount not less
than one million dollars combined single limit for each accident,
no aggregate. Automobile insurance shall be at least as broad as Insurance
Service Office Form CA 00 01 covering bodily injury and property damage
for all activities of the Mobile Food Vending Vehicle.
C.
The
permittee shall maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Office Form CG 00
01, in an amount not less than one million dollars per occurrence,
two million dollars general aggregate, for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability. Defense costs shall be paid in addition to
the limits. The policy shall contain no endorsements or provisions
limiting coverage for: (1) contractual liability; (2) cross liability
exclusion for claims or suits by one insured against another; or (3)
contain any other exclusion contrary to the permit.
D.
The
permittee shall maintain workers' compensation insurance (statutory
limits) and employer's liability insurance (with limits of at least
one million dollars). The permittee shall submit to the City Manager,
along with the certificate of insurance, a waiver of subrogation endorsement
in favor of the City of Palm Springs, its officers, agents, employees
and volunteers.
E.
The
permittee may opt to utilize umbrella or excess liability insurance
in meeting insurance requirements. In such circumstances, the permittee
shall obtain and maintain an umbrella or excess liability insurance
policy with limits of not less than four million dollars that will
provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above,
including commercial general liability and employer's liability. Such
policy or policies shall include the following terms and conditions:
1.
A
drop down feature requiring the policy to respond if any primary insurance
that would otherwise have applied proves to be uncollectible in whole
or in part for any reason;
2.
Pay
on behalf of wording as opposed to reimbursement;
3.
Concurrency
of effective dates with primary policies;
4.
Policies
shall "follow form" to the underlying primary policies; and
5.
Insureds
under primary policies shall also be insureds under the umbrella or
excess policies.
F.
Cancellation,
termination, or reduction in coverage of any insurance policy filed
with the City pursuant to this Chapter shall be just cause for the
City Manager to revoke the license.
G.
As a
condition of being granted a license pursuant to this Chapter, the
permittee shall promise, on an application form provided by the City
Manager, to indemnify and hold the City of Palm Springs free and harmless
from any and all liability, claims, loss, damages, or expenses, including
attorney's fees and court costs, arising by reason of the death or
injury of any person, including the permittee or any person who is
an employee or agent of the permittee, or by reason of property damage
to or destruction of any property, including property owned by the
permittee or any person who is an employee or agent of the permittee.
H.
Every
insurance policy and every certificate of motor vehicle liability
insurance filed within the City pursuant to the provisions of this
Chapter shall contain the following endorsements:
1.
It
is hereby understood and agreed that, notwithstanding expressions
consistent with or contrary thereto, each policy is expressly issued
to cover a motor vehicle regulated by the provisions of Chapter 10
of the Palm Springs Municipal Code. Each policy shall inure to, and
be for the benefit and protection of, anyone who shall sustain any
damages or injury, or to the heirs, personal representatives, administrators,
executors or assigns of any such person who may be so damaged or injured
or suffer death, by reason of the operation of the motor vehicle or
from the defective condition thereof. Liability under this policy
shall in no manner be abrogated or abated by the death or dissolution
of the insured;
2.
There
is continuing liability up to the full amount of each policy, notwithstanding
any action or recovery thereon;
3.
No
cancellation or reduction in coverage of each policy for any reason
whatsoever shall become effective until the expiration of thirty days
after written notice of such cancellation or reduction in coverage
shall have been given to the City Clerk of the City of Palm Springs.
Said period of thirty days to commence running from the date said
notice is actually received in the office of the City Clerk;
4.
All
such policies shall provide, or be endorsed to provide, that the City
of Palm Springs and its officers, officials, employees, and agents
shall be additional insureds with regard to liability and defense
of suits or claims arising out of the performance under this permit.
This provision shall also apply to any excess liability policies;
5.
All
insurance coverage maintained or procured pursuant to this permit
shall be endorsed to waive subrogation against the City of Palm Springs,
its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow the permittee or others providing
insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Permittee shall waive its
own right of recovery against the City of Palm Springs;
6.
All
insurance coverages shall be primary and any other insurance, deductible,
or self-insurance maintained by the indemnified parties shall not
contribute with this primary insurance. Policies shall contain or
be endorsed to contain such provisions.
I.
The
permittee shall give City Manager prompt and timely notice of claims
made or suits instituted that arise out of or result from the permittee's
performance under this permit, and that involve or may involve coverage
under any of the required liability policies.
J.
The
permittee shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its services,
permittee shall at all times be in compliance with all applicable
local, state and federal laws, rules and regulations, and shall exercise
all necessary precautions for the safety of employees and the public
appropriate to the nature of the work and the conditions under which
the work is to be performed.
K.
Requirements
of specific coverage features or limits contained in this section
are not intended as a limitation on coverage, limits or other requirements,
or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
L.
The
permittee acknowledges and agrees that any actual or alleged failure
on the part of the City Manager to inform the permittee of noncompliance
with any requirement imposes no additional obligations on the City
of Palm Springs nor does it waive any rights hereunder.
(Ord. 1877 § 2, 2015)
A.
In addition
to other equipment required by law, each Mobile Food Vending Vehicle
shall be equipped with the following:
B.
In addition
to such inspection of the Mobile Food Vending Vehicle as may be required
by other agencies, the City's Fire Marshal shall perform an inspection
of each Mobile Food Vending Vehicle before it is put into service
within city limits, and annually thereafter, coincident with renewal
of the Mobile Food Vendor's permit. The City's Fire Marshal shall
issue a certificate of inspection to Mobile Food Vending Vehicles
compliant with fire safety regulations.
(Ord. 1877 § 2, 2015)
A.
There
shall be displayed in a conspicuous place on both the front and back
of the Mobile Food Vending Vehicle appropriate warning signs or lettering,
e.g., for Mobile Food Vending Vehicles permitted by the county of
Riverside as Category 3 mobile food facilities (ice cream trucks)
"CAUTION CHILDREN." The lettering shall not be less than six inches
in height and lettering shall be in contrast to the color of the background
upon which they are placed.
B.
There
shall be displayed in a conspicuous place on both the right and left
side of the Mobile Food Vending Vehicle lettering permanently affixed
showing the nature of the company or operator of the Mobile Food Vending
Vehicle and the business address and telephone number of the owner
or operator. The lettering shall not be less than four inches in height,
and shall be in contrast to the color of the background upon which
they are placed.
(Ord. 1877 § 2, 2015)
The provisions of this Chapter shall be applicable to all persons
and businesses described in this Chapter whether the activities described
in this Chapter were established before or after the effective date
of the ordinance enacting this Chapter into law. All such persons
and businesses shall have thirty days from said effective date to
file a completed application for vendors' permits with the City Manager.
(Ord. 1877 § 2, 2015)
A.
Any
Mobile Food Vending Vehicle operated contrary to the provisions of
this Chapter is declared to be unlawful and a public nuisance and
the City Attorney may, in addition to or in lieu of prosecuting a
criminal action hereunder, commence an action or actions, proceeding
or proceedings, for the abatement, removal or enjoinment thereof,
in the manner provided by law, and may take such other steps and may
apply to such court or courts as may have jurisdiction to grant such
relief as will abate or remove such establishment and restrain and
enjoin any person from operating a Mobile Food Vending Vehicle contrary
to the provisions of this Chapter.
B.
Every person, whether acting as an individual owner, employee of the owner, operator, or employee of the operator, or whether acting as an agent or independent contractor for the owner, employee, or operator, or acting as a participant or worker in any way directly or indirectly sells or distributes food or beverage from a Mobile Food Vending Vehicle as defined in this Chapter without first obtaining a Mobile Food Vending Vehicle permit from the City Manager, or that otherwise violates any provision of this Chapter, shall be punishable as specified in Sections 1.01.140 and 1.01.150 of this Code.
(Ord. 1877 § 2, 2015)
The provisions of Section 6.15.110 shall not apply to:
A.
Mobile
Food Vending Vehicles servicing construction sites.
B.
The
delivery or sale of pre-ordered goods or services to a private residence
or business with the prior consent of the owner, occupant, lessee,
or the designee of such persons, including without limitation employees.
C.
Food
vending on school property with the consent of school authorities.
D.
Food
vending on private property with the consent of the owner, lessee,
or legal occupant of the property and with a valid land use permit,
if applicable.
(Ord. 1877 § 2, 2015)
