The City Council adopts the regulations set forth in this chapter
based on the following findings:
A.
Regulating the hours and location of mobile vendors benefits the health, safety and welfare of Claremont residents because the operation of these vehicles at inappropriate hours or locations creates traffic hazards, blocks adjacent sidewalks to pedestrians, results in unwanted noise, littering and loitering at that location and/or creates hazards for children. Moreover, the locational requirements set forth in Section 8.04.050(C) are necessary for the public safety to ensure adequate sight lines for drivers and pedestrians, space for public transportation vehicles and otherwise provide safe, accessible use of the right-of-way by vehicles and pedestrians.
B.
Regulating
the manner and type of mobile vendors benefits the health, safety
and welfare of the City because the inappropriate operation and uncontrolled
proliferation of these vehicles creates traffic hazards, blocks adjacent
sidewalks to pedestrians, results in unwanted noise, littering and
loitering at that location and/or creates hazards for children.
C.
Regulating
mobile vendors on private property is consistent with the City's interests
in the aesthetics of the community, ensuring that the City complies
with applicable waste water and storm water regulations and promoting
the permanent development of property.
D.
Prohibiting
mobile vendors from operating within City parks and recreation facilities
is consistent with the City's interest in the aesthetics of the community,
fair competition and otherwise ensuring the proper use of City property.
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shall have the same meaning as set forth in Section 8.04.141 of the Los Angeles County Code, which is adopted as part of Chapter 8.02 of this Code.
shall mean a person or business that operates or assists
in the operation of a vending vehicle.
shall mean any self-propelled, motorized device or vehicle
by which any person or property may be propelled or moved upon a highway
or street or any vehicle, trailer or other device which may be drawn
or towed by a self-propelled, motorized vehicle, from which food or
food products are sold, offered for sale, displayed, bartered, exchanged
or otherwise given. However, vending vehicle shall not include a device
moved exclusively by human power.
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A.
Food Preparation and Dispensing. Any person, group, corporation or association, which prepares food for, or dispenses food to members of the public, shall comply with the provisions of the Public Health Licensing Requirements and Health Code of Los Angeles County, adopted by reference and incorporated as part of Chapter 8.02 of this Code.
B.
Enforcement. The City of Claremont, having adopted and incorporated the Public Health Licensing Requirements and Health Code of Los Angeles County as part of Chapter 8.02 of this Code, authorizes the County of Los Angeles to enforce licensing requirements and code provisions requiring licensing and inspections of food establishments and the posting of food establishment inspection grades.
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A.
No mobile
food vendor may vend in the City without first obtaining and having
in his or her possession a mobile food vendor permit issued by the
Community Development Director in accordance with this chapter.
B.
To receive
a mobile food vendor permit, a mobile food vendor must complete a
permit application on the form approved by the City and file it with
the City. The applicant must provide the following information:
1.
Applicant's
full name and address.
2.
Proof
of applicant's identity.
3.
Proof
of insurance coverage satisfactory to City.
4.
A
brief description of the type of food products to be sold. This shall
include the nature, character and quality of the product.
5.
The
location where the applicant plans to vend.
6.
If
applicant is employed by another to vend, the name and business address
of the employer.
7.
A
description of the vending vehicle, its registration number, its license
number, and the streets the applicant intends to use.
8.
A
copy of the valid Los Angeles County Department of Health permit.
9.
A
copy of the applicant's business tax certificate.
10.
A certification that he or she complies with all local, State and
Federal laws regarding food product vending, including this chapter.
C.
No application
for a new or renewed mobile food vendor permit shall be accepted unless
the application is accompanied by a fee in an amount set by City Council
resolution.
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A.
Upon
receipt of a written application for a mobile food vendor permit,
the Community Development Director shall conduct an investigation
as he or she deems appropriate to determine whether a mobile food
vendor permit should be approved. A permit shall be approved, conditionally
approved, or denied within 30 days of the filing of an application.
The mobile food vendor permit shall be approved unless one of the
following findings is made:
B.
The
City may condition the approval of any mobile food vendor permit to
ensure compliance with this chapter and other applicable laws.
C.
Any
mobile food vendor permit shall be valid for the term of one year.
Upon the expiration of the mobile food vendor permit, an application
for renewal shall be filed in a like manner as an application for
an original mobile food vendor permit, and such renewal permit shall
be approved only when the requirements for the issuance of an original
permit are met.
D.
Any
mobile food vendor permit may be suspended or revoked by the Community
Development Director for failure to comply with the terms and conditions
of this chapter. Such suspension or revocation shall be made with
written notice to the permit holder, stating the grounds for the revocation
and the procedures for appealing the same. The permit holder may appeal
this decision by filing a written request for appeal with the City
Clerk within 15 days of the date of the notice. Any revocation or
suspension shall be stayed during the pendency of the appeal unless
the immediate public health or safety requires otherwise. The hearing
on the appeal shall be held within 60 days of the appeal request unless
otherwise agreed to by the parties. The City Council may conduct the
hearing or designate a hearing officer, consistent with applicable
law, to do so. The City Council's or hearing officer's decision shall
be final.
E.
A mobile
food vendor permit shall not be assignable or transferable.
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Notwithstanding Section 10.32.190, mobile food vendors may operate within the public right-of-way subject to the following time, place, and manner requirements:
A.
The
vending vehicle shall comply with all parking and Vehicle Code provisions
which apply to the location at which it is parked.
B.
The
vending vehicle shall not obstruct pedestrian or vehicular traffic
in any manner.
C.
No mobile
food vendor may operate a vending vehicle:
1.
Within
20 feet from the outer edge of any entrance of any business during
the hours that such business is open to the public. This prohibition
may be waived with the written consent of such business. For purposes
hereof, the term "entrance" includes, but is not limited to, doors,
vestibules, driveways, outdoor dining area entries, and emergency
exits.
2.
Within
50 feet of any street intersection controlled by a traffic light,
crosswalk, or stop sign.
3.
Within
50 feet of a bus stop.
4.
Unless
permitted in writing by the applicable public school, within 300 feet
of the nearest property line of any property in which a public school
building is located, between the hours of 7:00 a.m. and 5:00 p.m.
of any school day. For purposes of this section, "public school" shall
be defined as a school governed or operated by a unified school district
or other similar public entity. Any mobile food vendor having received
written permission to operate within 300 feet of a public school shall
provide a copy of such permission upon request to any City official.
D.
The
mobile food vendor shall keep the vending area litter free. The mobile
food vendor must remove litter caused by its products from any public
and private property within a 25 foot radius of the vending vehicle's
location.
E.
The
mobile food vendor shall not discharge any liquid (e.g., water, grease,
oil, etc.) onto or into City streets, storm drains, catch basins,
or sewer facilities. All discharges shall be contained and properly
disposed of by the mobile food vendor.
F.
Vending
is prohibited on the exposed street and/or traffic side of the vending
vehicle.
G.
A vending
vehicle may not stand or park in the public right-of-way between the
hours of 12:00 a.m. and 6:00 a.m. in commercial and industrial zones,
and between 10:00 p.m. and 6:00 a.m. in residential zones.
H.
The
mobile food vendor must have a valid mobile food vendor permit and
City business tax certificate. The mobile food vendor shall also maintain
insurance, as deemed acceptable in the reasonable discretion of the
City, against liability for death or injury to any person as a result
of ownership, operation, or use of its vending vehicles.
I.
The mobile food vendor shall comply with Section 8.04.020 and be subject to all applicable requirements for food establishments. All required Los Angeles County health permits must be in the possession of the mobile food vendor at all times during which it operates within the City.
J.
Mobile
food vendors shall be located within 200 feet travel distance of a
readily available toilet and hand washing facility to ensure that
restroom facilities are available to customers whenever the mobile
food vendor is stopped to conduct business for more than a one-hour
period.
K.
The
mobile food vendor shall otherwise comply with all applicable State
and local laws.
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Mobile food vendors operating on private property or on public
property outside of the public right-of-way shall comply with the
following requirements:
A.
The
written approval of the owner of the location shall be obtained. The
vendor shall maintain proof of the owner's approval in the vending
vehicle. The person operating the vending vehicle shall present this
proof upon the demand of a peace officer or City employee authorized
to enforce this chapter.
B.
The
mobile food vendor must have a valid mobile food vendor permit and
City business tax certificate. The mobile food vendor shall also maintain
insurance, as deemed acceptable in the reasonable discretion of the
City, against liability for death or injury to any person as a result
of ownership, operation, or use of its vending vehicles.
C.
The
vending vehicle shall only be stopped, standing or parked on surfaces
paved with concrete, asphalt or another impervious surface.
D.
Mobile
food vendors shall not use or permit use of parking spaces 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(s)
of the site, as determined by the Community Development Director.
E.
The
vending vehicle and surrounding property shall be maintained in a
safe and clean manner at all times.
F.
The
mobile food vendor shall not discharge any liquid (e.g., water, grease,
oil, etc.) onto or into City streets, storm drains, catch basins,
or sewer facilities. All discharges shall be contained and properly
disposed of by the mobile food vendor.
G.
All
signs shall comply with Title 18 of this Code.
H.
No tables,
chairs or other site furniture shall be permitted.
I.
Temporary
shade structures shall be removed whenever the mobile vendor vehicle
is not operating.
J.
The
property shall be located in an area where vending is permitted under
Title 16 of this Code.
K.
Pursuant to Section 11.02.090 of this Code, no mobile food vendor shall operate within any City park and recreation facility, except as permitted in that section.
L.
The
mobile food vendor must have a valid business license issued by the
City.
M.
The mobile food vendor shall comply with Section 8.04.020 and be subject to all applicable requirements for food establishments. All required Los Angeles County health permits must be in the possession of the mobile food vendor at all times during which it operates within the City.
N.
The
mobile food vendor shall otherwise comply with all applicable State
and local laws.
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Mobile food vendors operating in compliance with this chapter shall be exempted from the provisions of Chapter 5.40 of this Code.
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Notwithstanding anything to the contrary, this chapter shall
not apply to the following:
A.
Any
publicly owned or operated vending vehicle.
B.
Any mobile food vendor conducted in connection with a private event or party in a residential zone located either on the site of the event or in the public right-of-way with no retail sale to the general public. This exemption does not excuse a vendor from obtaining and maintaining a business tax certificate as required Chapter 4.10.
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