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 Desert. 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 food vending trucks with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace.
(Ord. 1268 § 1, 2014)
As used in this chapter:
"Food"
means items intended primarily for consumption by human beings.
"Food vending truck"
means any Category 1, 3, 4, or 5 mobile food facility as defined by Riverside County Ordinance No. 580.5 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.
"Food vendor"
means any person, as defined in this chapter, who:
1. 
Conducts or permits or causes the operation of food vending trucks;
2. 
Owns, operates, controls, manages or leases food vending trucks; or
3. 
Contracts with persons to drive and vend from food vending trucks.
"Operator"
means any person who drives, operates or vends from a food vending truck and shall include the driver and assistant on each food vending truck.
"Person"
means any natural person, firm, partnership, association, corporation, 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 food vending truck as defined in this section on a street, alley, highway or public place within the city and includes the movement or standing of a food vending truck for the purpose of preparing food for retail sale, or searching for, obtaining or soliciting retail sales of products.
"Vendor's permit"
means a permit issued by the city authorizing the holder thereof to engage in the business of food vending.
(Ord. 1268 § 1, 2014)
No person shall operate or cause the operation of a food vending truck in the city without a vendor's permit issued pursuant to the provision of this chapter and any other license or permit required under any other chapter 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 and the code compliance division, are required for each and every food vending truck before the vendor's permit is issued.
(Ord. 1268 § 1, 2014)
The term of the 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 5.97.050.
(Ord. 1268 § 1, 2014)
A. 
Any person desiring to obtain a permit to operate or cause the operation of one or more food vending trucks shall obtain an application from the city manager or designee. Prior to submitting such application a nonrefundable fee, as established by resolution of the city council, shall be paid to the code compliance department 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 or designee, he or she 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 food vending truck until such permit has been granted or renewed.
C. 
Each applicant for a permit to conduct business as a 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 description of the merchandise that the food vending trucks 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:
a. 
California driver's license, social security number or other identification number,
b. 
Date of birth,
c. 
Acceptable written proof that each driver operator is at least eighteen years of age;
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 or designee may require in order to discover the truth of the matters required to be set forth in the application; and
14. 
When any change occurs regarding the written information required by this subsection, prior to or after issuance of a permit, the applicant shall give written notification of such change to the city manager or designee within two weeks of such change.
(Ord. 1268 § 1, 2014)
The health officer and chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant for a vendor's permit.
(Ord. 1268 § 1, 2014)
The city manager or designee, within ten days after receiving approval from the health officer and chief of police, shall grant the vendor's permit if he or she finds that all of the following requirements have been met:
A. 
The required fees have been paid;
B. 
The application conforms in all respects to the provisions of this chapter;
C. 
The applicant has not knowingly made a material misrepresentation of fact in the application;
D. 
The applicant has fully cooperated in the investigation of the application;
E. 
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: the sale of a controlled substance specified in California Health Safety Code Sections 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; permitted gambling, pool selling or bookmaking; or in the case of applications for an operator's permit, alcohol or drug-related traffic offenses. The investigating city employee 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. 1268 § 1, 2014)
A. 
If the city manager or designee finds that the requirements set forth in Section 5.97.070 have not been met, he or she shall deny the application for a vendor's permit. In the event the application is denied by the city manager or designee, 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 food vendor permit has been denied by the city manager or designee, 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. 1268 § 1, 2014)
A. 
Any vendor permit may be suspended or revoked by the city manager or designee 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 or designee 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;
3. 
Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in Sections 5.97.110 through 5.97.160 inclusive; or
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. 1268 § 1, 2014)
A. 
Each food vending truck 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 food vending truck shall have on his or her person a current, valid California driver's license, 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 food vending truck 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 food vending truck shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.
4. 
Any food vending truck 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 food vending truck 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 food vending truck 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 food vending truck 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, to ensure that restroom facilities are available to food vending truck employees. The food vending truck operator must have permission of the property owner to use the toilet and handwashing facility.
G. 
Food vending trucks operating as part of a special event permitted by the city shall comport with the permissions and restrictions of the approved permit.
(Ord. 1268 § 1, 2014)
A. 
No person shall vend from a food vending truck on any public street, alley or highway under any circumstances.
B. 
No person shall operate or park a food vending truck in violation of any provision of this code, or the California Vehicle Code.
C. 
No person shall vend from a food vending truck when any part of the 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.
D. 
No person shall vend from a food vending truck when the food vending truck is not stopped, parked or standing on the right side of the street, alley or highway.
E. 
No person shall vend from a food vending truck when the prospective customer is standing or sitting in another vehicle.
F. 
No person shall vend from a food vending truck when the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic.
G. 
No person shall operate, or cause to be operated, any food vending truck with sound-amplifying equipment in operation per Section 5.92.030 of this code.
H. 
No person shall back up a food vending truck to make or attempt a sale.
I. 
No minor shall ride in or on a food vending truck.
J. 
No person shall vend from a food vending truck in any public parking lot when the following apply:
1. 
When the food vending truck is parked within one thousand five hundred feet of the nearest property line of any school property, unless that school is a college, university, or vocational school that primarily serves students older than eighteen years of age; and
2. 
When the food vending truck is parked within seven hundred fifty feet of any eating and drinking establishment, or any concession stand that is open for business at a public park, unless the food vending truck is associated with a certified farmers' market that is open at the time that the food vending truck is conducting business.
K. 
Food vending trucks shall only operate Monday through Sunday as follows:
1. 
October 1st through April 30th: nine a.m. to five p.m.
2. 
May 1st through September 30th: nine a.m. to seven p.m.
(Ord. 1268 § 1, 2014; Ord. 1290 § 1, 2015; Ord. 1299 § 2, 2015)
Food vending trucks, while operating and vending within four designated areas (described in more detail, below), shall be exempt from Section 5.97.110(A), (J) and (K), for a temporary period ending December 31, 2016. The hours of operation for food vending trucks in the four designated areas are from seven a.m. to nine p.m. daily. Food vending trucks operating and vending within the four designated areas must comply with all other provisions of this chapter. Food vending vehicles while operating and vending in all areas of the city outside of the four designated areas must continue to comply with all sections in this chapter.
The four designated areas are described as follows:
1. 
Civic Center Park. The designated area is adjacent to San Pablo Avenue within an existing grassy area just south of the Civic Center Skateboard Park.
2. 
Cook Street Industrial Business Park. The designated area is along the east and west side of Cook Street between Sheryl Avenue and Hovley Lane East. Food vending trucks shall not stop, park, or stand on Cook Street.
3. 
Dinah Shore Industrial Business Park. The designated area, which is triangular in shape, is north of Dick Kelly Drive and between Gateway Drive and Dinah Shore Drive. Food vending trucks shall not stop, park, or stand on Dinah Shore Drive.
4. 
California State University, San Bernardino Palm Desert Campus/University of California, Riverside, Palm Desert Center.
(Ord. 1299 § 3, 2015)
A. 
It is unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any food vending truck 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 food vending truck 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 food vending truck 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 food vending truck.
C. 
The licensee 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 licensee shall maintain workers' compensation insurance (statutory limits) and employer's liability insurance (with limits of at least one million dollars). The licensee shall submit to the city, along with the certificate of insurance, a waiver of subrogation endorsement in favor of the city of Palm Desert, its officers, agents, employees and volunteers.
E. 
The licensee may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, the licensee 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 licensee shall promise, on an application form provided by the city, to indemnify and hold the city of Palm Desert 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 licensee or any person who is an employee or agent of the licensee, or by reason of property damage to or destruction of any property, including property owned by the licensee or any person who is an employee or agent of the licensee.
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 Desert 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 Desert. 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 Desert 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 Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow the licensee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Licensee hereby waives its own right of recovery against the city of Palm Desert;
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 licensee shall give city prompt and timely notice of claims made or suits instituted that arise out of or result from the licensee's performance under this permit, and that involve or may involve coverage under any of the required liability policies.
J. 
The licensee shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its services, licensee 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 licensee acknowledges and agrees that any actual or alleged failure on the part of the city to inform the licensee of noncompliance with any requirement imposes no additional obligations on the city of Palm Desert nor does it waive any rights hereunder.
(Ord. 1268 § 1, 2014)
A. 
In addition to other equipment required by law, each food vending truck shall be equipped with the following:
1. 
A convex mirror mounted so that the occupant of the driver's seat can see the area in front of the truck which is obscured by the vehicle's hood; and
2. 
A back-up alarm audible for a distance of at least one hundred feet.
B. 
In addition to such inspection of the food vending truck as may be required by other agencies, the city fire marshal shall perform an inspection of each food vending truck before it is put into service within city limits, and annually thereafter, coincident with renewal of the vendor's permit. The city fire marshal shall issue a certificate of inspection to food vending trucks compliant with fire safety regulations.
(Ord. 1268 § 1, 2014)
A. 
There shall be displayed in a conspicuous place on both the front and back of the food vending truck appropriate warning signs or lettering, e.g., for food vending trucks 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 food vending truck lettering permanently affixed showing the nature of the company or operator of the food vending truck 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.
C. 
No other lettering, numbering, price lists, signs or insignia shall be displayed on the right and left side of the food vending truck so as to interfere with the visibility of the lettering required in subsection B of this section.
(Ord. 1268 § 1, 2014)
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 or designee.
(Ord. 1268 § 1, 2014)
Any food vending truck 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 food vending truck contrary to the provisions of this chapter.
(Ord. 1268 § 1, 2014)