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:
"Downtown Palm Springs"
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.
"Food"
means items intended primarily for consumption by human beings.
"Mobile food vending vehicle"
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.
"Mobile food vendor"
means any person who:
1.
Conducts or permits or causes the operation of Mobile Food Vending
Vehicles;
2.
Owns, operates, controls, manages, or leases Mobile Food Vending
Vehicles; or
3.
Contracts with persons to drive and vend from Mobile Food Vending
Vehicles.
"Mobile food vendor's permit"
means a permit issued by the City Manager authorizing the
holder thereof to engage in the business of food vending.
"Operator"
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.
"Park"
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.
"Person"
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.
"Vend" or "vending"
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)
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)
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)
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)