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:
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.
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.
means the person who owns, manages, or vends from a mobile
food facility.
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.
(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)
