The following words and phrases, whenever used in this article, shall be construed as defined in this section, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
"Mobile food facility"
means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.
"Mobile food facility permit"
means the authorization granted by the city to a property owner or person with a possessory interest in a specific property to allow the temporary use of a mobile food facility on their respective property subject to the requirements of the article.
"Operator"
means the person who owns, manages, or vends from a mobile food facility.
"Responsible person"
means a property owner, a tenant, a person occupying or having control or possession of any real property, any person with a legal interest in real property and any person who directly manages a business or property or who demonstrates responsibility for the placement or operation of a mobile food facility on a specific property, or any agents thereof.
(Ord. No. 2013-02, § 1, 4-10-13)
(a) 
It is unlawful for an operator to operate a mobile food facility without a separate business license for each vehicle.
(b) 
It is unlawful for an operator or a responsible person to allow, authorize, operate, or use a mobile food facility without a mobile food facility permit unless otherwise permitted by city, state or federal law.
(c) 
A mobile food facility permit is nontransferable and is valid only for the person and location of permit issued, unless it is suspended or revoked for cause, for the period indicated. If a permittee changes the location of his or her business, that permittee must obtain a new permit prior to acting as a retailer at the new location. If a business licensed is sold or transferred, the new owner must obtain business license for that location pursuant to section 16-406(a) before acting as a retailer.
(Ord. No. 2020-07, § 6, 5-6-20)
(a) 
It shall be unlawful for any person to act as a mobile food facility retailer without first obtaining and maintaining a valid mobile food facility permit pursuant to this chapter for each location at which that activity is to occur, unless otherwise exempted by section 16-407(d) and section 16-407(e). The director of community development, or the director's designees, shall administer mobile food facility permits issued pursuant to this article.
(b) 
An application for a mobile food facility permit shall be submitted on an application form obtained from the Planning Division and shall be accompanied by a nonrefundable fee. The application shall provide information necessary for review of the application by appropriate city departments.
(1) 
No such license or permit shall be issued for mobile food facilities, uses, or purposes where the same would be in conflict with the provisions of this article. The operating requirements of section 16-409 shall be regarded and applied as the minimum requirements.
(2) 
When the review of a mobility facility permit application provides for discretion on the part of the director or designee, that discretion may be exercised to impose more stringent requirements than identified in section 16-409, as may be necessary to promote the purposes of this article.
(c) 
Location requirements. The director may issue a mobile food facility permit to a responsible person, only for properties in the following zoning districts and locations:
(1) 
Residential agricultural or industrial zones, as an accessory use to a beer or wine manufacturing business;
(2) 
Commercial or industrial zones, as an accessory and incidental use to a swap meet; or
(3) 
Designated districts of specific planning areas (SP zones), pursuant to specific plan use authorization.
(d) 
The following events shall exempt an operator or a responsible person from the mobile food facility permit required in section 16-406(b) and may exempt the operator or responsible person from the operating requirements in section 16-409.
(1) 
An approved special event permit or facility use permit from the city, specifically authorizing a mobile food facility at the event or facility.
(2) 
An approved temporary use permit from the city, pursuant to section 33-1534(c)(7) of the Escondido Zoning Code.
(e) 
A mobile food facility that stops for not more than 20 minutes on a scheduled route to provide service directly at a construction site or other business and does not vend to the general public during the scheduled stop will exempt any operator or responsible person from the requirements identified in sections 16-406(b) and 16-409.
(Ord. No. 2020-07, § 6, 5-6-20)
(a) 
Nothing in this article shall be construed to grant any person obtaining and maintaining a mobile food facility permit any status or right other than the right to act as a retailer at the location in the city identified on the face of the permit.
(b) 
The director of community development may issue administrative citations or take any other enforcement action authorized by this code, including permit revocation or suspension, upon finding a violation of this article.
(Ord. No. 2020-07, § 6, 5-6-20)
It is unlawful for an operator or a responsible person to violate any of the following regulations:
(a) 
Parking of a mobile food facility at any location (inclusive of set-up and clean-up times) shall be limited to four hours daily for five days within any seven day period. The hours of operation shall be stated on the use permit application and may only be modified by the director's approval of a new application setting forth the proposed operating hours.
(b) 
Each mobile food facility operator shall have the following supporting provisions visibly available and accessible, for the duration of the approved hours of operation:
(1) 
Adequate number of trash and recycling receptacles, but in no case less than two, to contain the amount of anticipated trash during the authorized operational period. The receptacles shall be set up and removed by the operator, at the beginning and closing of each such period. In-truck hatch receptacles are not sufficient. The operator shall not dispose of any refuse or waste in any public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such operator.
(2) 
Restroom facilities in clean working order available for operator, employee and customer use, including operational toilets and hand-washing facilities with hot water, soap, and paper towels. Such restroom shall be located no further than 200 feet travel distance from the parked mobile food facility, and shall be available during the mobile food facility hours of operation. If such restroom facilities are not owned, operated, or otherwise provided by the operator, a written agreement by the owner of such facilities, stating the terms of availability of the facilities, shall be identified prior to approval by the city.
(c) 
Placement of the mobile food facility on private property shall not reduce the number of parking spaces below that which is required for the existing on-site uses during business hours of the on-site uses unless specifically approved by the city.
(d) 
The mobile food facility shall be entirely self-sufficient in regards to gas, electricity, water, and telecommunications.
(e) 
Neither the mobile food facility nor any of the required support items shall obstruct or interfere with the free flow of pedestrian or vehicular traffic, including to or from any business, public building or residence, nor restrict sight distance at driveways and intersections.
(f) 
No mobile food facility shall use, play or employ any sound, outcry, amplifier, loudspeaker or any other instrument or device for the production of sound where said sound exceeds the exterior sound standards specified in Chapter 17, Article 12, of this code.
(g) 
No televisions, radios, or other device intended for amusement or entertainment purposes shall be operated in conjunction with a mobile food facility.
(h) 
No tables, chairs, furniture or other devices to provide patron seating shall be allowed unless expressly authorized by the city.
(i) 
Signs for a mobile food facility shall be limited to that on the vehicle only.
(Ord. No. 2013-02, § 1, 4-10-13)