This chapter shall be known as the "Motorized Food Wagon Ordinance."
(Prior code § 7-049; Ord. 2022-10-18-1203 C.S. § 1)
The general purpose of these regulations is to promote the health,
safety, comfort, convenience, prosperity, and general welfare by requiring
that new and existing motorized food wagon vendors provide the community
and customers with a minimum level of cleanliness, quality, safety,
and security.
(Prior code § 7-049.1; Ord. 2022-10-18-1203 C.S. § 1)
"Business owner"
means any person, firm, or corporation, which owns or controls
any interest in any business engaged in vending as defined in this
section.
"Commissary"
means a food establishment in which food, containers, equipment,
or supplies are stored or handled for use in motorized food wagons.
"Motorized food wagon"
means any vehicle as defined in Section 670 of the California
Vehicle Code, which is equipped and used for retail sales of prepared;
pre-packaged; or unprepared, unpackaged food or foodstuffs of any
kind on any public street, alley, highway, or private street, alley,
or property within the City. For the purposes of this chapter, a motorized
food wagon shall also include any trailer or wagon pulled by a vehicle.
"Persons"
means any person, firm, partnership, association, or corporation,
and includes, but is not limited to, owners, operators, drivers, lessors,
and lessees of motorized food wagons.
"Vend" or "vending"
means the sale of prepared; pre-packaged; or unprepared,
unpackaged food or foodstuffs of any kind from a motorized food wagon
on private or public property. Vending from a motorized food wagon
generally has the following characteristics:
1.
Food is ordered and served from a take-out counter that is integral
to the motorized food wagon;
2.
Food is paid for prior to consumption;
3.
Motorized food wagons from which the food is sold typically
have a take-out counter and space for customer queuing;
4.
Food and beverages are served in disposable wrappers, plates,
or containers; and
5.
Food and beverages are prepared and sold for off-site consumption.
"Vendor/operator"
means any person who drives, operates, vends, and/or prepares
food on or from a motorized food wagon.
(Prior code § 7-049.2; Ord. 2022-10-18-1203 C.S. § 1)
A. A person
desiring to engage in a vendor operation, as defined by this chapter,
shall submit a written application in a form acceptable to and with
all supporting information required by the City. Such application
shall be accompanied by a nonrefundable, nontransferable application
fee in an amount as established by resolution of the City Council.
Any such permit shall be required to be renewed annually and a separate
nonrefundable, nontransferable application fee shall be paid yearly
for such renewal application. Vendors must have the permit in their
possession when vending. There must be at least one vendor with a
valid permit on a motorized food wagon whenever vending is taking
place.
B. A vendor must obtain a background check in accordance with the requirements of Section
5.08.260 of this code.
C. Every
business owner shall obtain a City business license. As part of the
business license application, business owner shall provide the following:
1. Proof
of current vehicle registration and a copy of an applicable vehicle
insurance policy.
2. Four
photographs (showing different exterior views) of each motorized food
wagon.
3. A
copy of a current San Joaquin County Environmental Health permit.
For a City business license renewal application, business owners must
show proof of payment to a commissary for the prior 12 months.
4. If
the motorized food wagon is located on private property, the business
owner shall provide an affidavit in a form approved by the City from
the property owner (if other than self) permitting the vendor to locate
on the site.
(Prior code § 7-049.3; Ord. 2022-10-18-1203 C.S. § 1)
It is unlawful for any person to vend, or attempt to engage
in vending, or operate any vehicle, or conduct any business for the
purpose of vending from any vehicle parked, stopped, or standing upon
any public street, alley, highway, or property, or private street,
alley, or property within the City except in accordance with all applicable
provisions of this code.
(Prior code § 7-049.4; Ord. 2022-10-18-1203 C.S. § 1)
A. A motorized
food wagon may locate in the public right-of-way subject to the following
conditions:
1. A
motorized food wagon shall not operate within 300 feet of any school
grounds, park, playground, or City-operated recreation center.
2. A
motorized food wagon shall not operate within 100 feet of any street
intersection controlled by a traffic light or stop sign.
3. In
addition to the above, a motorized food wagon must comply with the
following regulations, depending upon the type of use in which it
is located:
a. Residential Use Area.
i. In a residential use area, a motorized food wagon shall move not
less than 400 feet at least every 30 minutes and may not return to
a previous location or within 400 feet of a previous location on the
same calendar day.
ii. Permitted hours of operation are from 7:00 a.m. to 8:00 p.m.
iii. A motorized food wagon may not be located within 400 feet of another
motorized food wagon.
b. Commercial Use Area.
i. In a commercial use area, a motorized food wagon shall move not less
than 400 feet at least every three hours and may not return to a previous
location or within 400 feet of a previous location on the same calendar
day.
ii. Notwithstanding any other provision of this chapter, motorized food
wagons may operate on private property without moving, provided that
prior to conducting such business operations, they have the authorization
from the property owner upon which the operations are occurring.
iii. Permitted hours of operation are from 6:00 a.m. to 12:00 a.m.
iv. If a motorized food wagon is located in a commercial use area and
is within 400 feet of a residence, it shall comply with the requirements
listed above for residential use area.
c. Industrial Use Area.
i. In an industrial use area, a motorized food wagon may operate 23
hours a day.
ii. If a motorized food wagon is located in an industrial use area and
is also within 400 feet of a residence, it shall comply with the requirements
listed above for residential use area.
4. No
motorized food wagons shall be located or maintained on public property,
including bicycle pathways, inconsistent with any other City regulations.
B. A motorized food wagon may locate on private property subject to the conditions listed in Section
16.80.020(B)(4) of this code.
(Prior code § 7-049.5; Ord. 2022-10-18-1203 C.S. § 1)
Unless otherwise exempt, the following general and operational
standards shall apply to all motorized food wagons:
A. Motorized
food wagons shall not park, operate, or be placed on a vacant lot.
B. All
motorized food wagons must be parked on asphalt, concrete, or other
hard weather surface.
C. Motorized food wagons shall not operate in the public right-of-way or on private property, within 250 feet of any building-enclosed restaurant as measured from the primary customer entrance of the restaurant, except when the motorized food wagon has written authorization from all building-enclosed restaurants that are within that same 250-foot radius and neither the City nor any restaurants within the 250-foot radius have articulated a public safety concern due to traffic, parking, or otherwise, arising out of the motorized food wagon operations. Further, motorized food wagons shall not use or permit use of parking on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking required under Chapter
16.64, which is otherwise available for the primary use(s) of the site during peak periods as determined by the Community Development Director.
D. Motorized
food wagons shall not use or permit use of parking on the site (e.g.,
customer queuing, tables, chairs, portable restrooms, signs, and any
other ancillary equipment) if doing so will adversely affect the required
off-street parking available for the primary use.
E. Motorized
food wagons shall maintain a clear path of travel on the sidewalk
pursuant to the Americans with Disabilities Act (ADA) free of customer
queuing, signage, and/or all portions of the vehicle for the clear
movement of pedestrians.
F. The
sale of alcohol products is prohibited.
G. Motorized
food wagons are permitted in all zoning districts, subject to the
general development and operational standards in this chapter.
(Ord. 2022-10-18-1203 C.S. § 1)
A. The
following are exempt from the requirements of this chapter as specified
below, but still must satisfy all other applicable permit requirements
(e.g., business license, County health permit, encroachment permit,
building permit, etc.):
1. Operations
of a State certified farmers' market.
2. An
event authorized by a use permit, temporary use permit, special event
permit, or other permit or entitlement issued by the City.
3. An
event at a school facility, assembly use facility, or recreational
facility if the vendor is in partnership with the organization conducting
the event and is located on the site of the event (i.e., not in the
public-right-of-way).
6. Lease
space within an approved food truck park.
B. Any
person delivering any goods by vehicle where such goods have been
ordered in advance for such delivery from any business located at
a permanent location and which goods are being delivered from such
location to the customer by vehicle, regardless of the point of sale.
(Prior code § 7-049.6; Ord. 2022-10-18-1203 C.S. § 1)
A. Motorized
food wagons must comply with all City, State, and Federal laws. While
operating in the public right-of-way, motorized food wagons shall
follow all applicable traffic laws and parking regulations, including
time limits, and no-parking zones.
B. The
provisions of this chapter imposing a time limit on stopping or parking
shall not relieve any person from the duty to observe other more restrictive
provisions of the California
Vehicle Code, this code or any other
ordinances of the City, prohibiting or limiting the stopping or parking
of vehicles in specified places or at specified times.
(Prior code § 7-049.7; Ord. 2022-10-18-1203 C.S. § 1)
A. The
motorized food wagon shall display, in plain view and at all times,
current permits and licenses.
B. The
motorized food wagon shall be entirely self-sufficient in regards
to gas, water, and telecommunications. Should any utility hook-ups
or connections to on-site utilities be required, the vendor shall
be required to apply for appropriate permits to ensure building and
public safety and consistency with applicable building codes.
C. The
vendor shall not discharge items onto the sidewalk, gutter, storm
inlets, or streets.
(Prior code § 7-049.8; Ord. 2022-10-18-1203 C.S. § 1)
A. The
site shall be maintained in a safe and clean manner at all times.
B. No tables,
chairs, fences, shade structures, or other site furniture (permanent
or otherwise) or any free-standing signs shall be permitted in conjunction
with the motorized food wagon.
C. Exterior
storage of refuse, equipment, or materials associated with the motorized
food wagon is prohibited.
(Prior code § 7-049.9; Ord. 2022-10-18-1203 C.S. § 1)
The vendor shall provide adequate lighting to ensure customer
safety. Lighting shall be directed downwards and away from public
streets and adjacent properties.
(Prior code § 7-049.10; Ord. 2022-10-18-1203 C.S. § 1)
A. All
motorized food wagons shall operate out of a commissary pursuant to
California
Health and Safety Code Section 114287.
B. All
motorized food wagons shall be equipped with refuse containers large
enough to contain all refuse generated by the operation of such a
vehicle, and the vendor of the motorized food wagon shall pick up
all refuse generated by such operation within a 25-foot radius of
the vehicle before such vehicle is moved. No vendor shall dispose
of any trash or refuse in any such public or private trash receptacle
other than a trash receptacle owned, operated, or otherwise provided
by and under the control of such vendor.
C. A motorized
food wagon shall comply with California
Health and Safety Code Section
114299.5 regarding the availability of adequate toilet facilities
for use by food service personnel.
(Prior code § 7-049.11; Ord. 2022-10-18-1203 C.S. § 1)
A. No vending
shall be permitted except after the motorized food wagon has been
brought to a complete stop and parked in a lawful manner.
B. The
vendor shall install signage in a visible location indicating that
loitering is not permitted and customers may only remain on the lot
for up to 15 minutes after receiving their food.
C. The
vendor shall enforce the no loitering rule.
(Prior code § 7-049.12; Ord. 2022-10-18-1203 C.S. § 1)
The provisions of this chapter shall be applicable to all persons
and businesses described herein whether the herein-described activities
were established before or after the effective date of the ordinance
codified in this chapter.
(Prior code § 7-049.13; Ord. 2022-10-18-1203 C.S. § 1)
A violation of this chapter shall constitute a misdemeanor.
Notwithstanding the foregoing, a violation of this chapter is an infraction
when the prosecutor files a complaint charging the offense as an infraction.
(Prior code § 7-049.14; Ord. 2022-10-18-1203 C.S. § 1)