A. 
The Hanford city council finds that mobile food and sidewalk vending creates the potential for safety hazards, including:
1. 
Interfering with motorist and pedestrian visibility when parked, due to their height and bulk.
2. 
Creating pedestrian conflicts on already congested sidewalks, forcing pedestrians into the street, due to the queuing of customers on sidewalks.
3. 
Preventing normal turnover of the city's limited on-street parking spaces, resulting in motorists becoming distracted and slowing traffic while looking for parking spaces.
4. 
Encouraging pedestrians to cross mid-block to purchase food.
5. 
Placing equipment and furniture on public sidewalks, creating pedestrian trip and other hazards.
B. 
The purpose of this chapter is to tailor the city's regulations to address mobile food vending vehicles and sidewalk vendors that operate in the city, in order to advance the city's substantial public interest in protecting public safety.
(Ord. 20-12 § 5, 2020)
"Beverages"
means and refers to a liquid for drinking that does not contain alcohol.
"Block"
means and refers to the segment of a street between adjacent intersections or between an intersection and the terminus of the street or the city boundary.
"Brick and mortar restaurant"
means a permanent restaurant business. The term "restaurant" includes the various types of restaurants defined in Section 17.96.020, which definitions are incorporated herein by reference. This definition shall not include limited service drive-thru restaurants (fast food) or businesses primarily engaged in the preparation and sale of beverages.
"City"
means the city of Hanford.
"Food" or "foodstuff"
means and refers to any substance as defined by Section 113781 of the California Health and Safety Code, defined as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
"Mobile food vendor"
means a person who engages in the sale, display, solicitation or offer for sale, barter, exchange, gift or otherwise, of food or beverages from any vending vehicle or non-motorized cart on a public street or private property.
"Mobile vending vehicle" or "vending vehicle"
means and refers to any self-propelled, motorized device by which any person or property may be propelled or moved upon a public street, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle, from which foodstuffs are sold, displayed, solicited or offered for sale, bartered, exchanged, given or otherwise.
"Peddler"
includes every person who carries from place to place, in either a pack, vehicle, basket, or other contrivance, and offers or sells, barters, or exchanges any goods, wares or merchandise (except religious publications, newspapers or periodicals); provided, however, such term shall not apply to commercial travelers selling their goods to merchants and other business establishments, whether for present or future delivery.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and only stops for a brief time to complete a transaction.
"Sidewalk vendor" and "stationary sidewalk vendor"
means a person who sells food, beverages or merchandise from a pushcart, stand, display, pedal driven cart, wagon, showcase, rack, or other non-motorized conveyance or from one's person in a public park, upon a public sidewalk or other pedestrian path.
"Toilet facility"
means a fixture maintained with a toilet room for the purpose of defecation or urination or both, as further defined in Health and Safety Code Section 114359.
"Vendor"
means any person who operates a vending vehicle, stand or cart, pursuant to this chapter.
(Ord. 20-12 § 5, 2020)
All vendors governed by this chapter shall obtain a business license and pay business license taxes pursuant to Chapters 5.04 and 5.08 of this title. No business license shall be issued without evidence that the vendor has obtained all permits required by this chapter. The original of the city business license, health permit, and any permit required by this chapter shall be displayed conspicuously at all times on the vehicle, stand, or cart, as applicable.
(Ord. 20-12 § 5, 2020)
A. 
Vendors shall not display, sell, dispense, or exchange any item other than food and/or beverages within the city limits, unless authorized by a mobile food vendor permit, obtained from the city.
B. 
Vendors shall maintain a valid California Department of Tax and Fee Administration seller's permit, as required.
C. 
Vendors shall maintain a copy of a valid food vending permit, issued by the Kings County department of public health, as required.
D. 
Mobile vending vehicles shall not operate in any city-owned parking lot, park, or garage, with the exception of Civic Park.
E. 
Vendors shall not operate in yellow commercial loading/unloading zones or white passenger loading zones.
F. 
Vendors shall not stop within 25 feet of an intersection when making a sale or attempting to make a sale.
G. 
Vendors shall not park within 10 feet of a structure or another food vending vehicle.
H. 
Signage on the mobile food truck is permitted. A-frame signage and/or similar signs shall be prohibited.
I. 
The vendor shall completely remove all equipment and other materials, including, without limitation, waste materials, from the site upon the conclusion of the vending activities, excepting such interior storage of equipment or materials, as may be allowed on the site with the permission of the owner or operator of the site.
J. 
Vendors shall pick up, remove, and dispose of all garbage, and/or materials dispensed from the vending vehicle/cart and any residue deposited on the ground from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a 25 foot radius of the location where mobile food vending is occurring.
K. 
Vendors shall not sell or attempt to sell by means of any outcry, sound, speaker or amplifier, or any instrument that violates the city of Hanford noise standard in Chapter 9.10.
L. 
Vending shall not be permitted directly to persons in other vehicles or from other than the curbside of the vending vehicle when the vehicle is parked in the right-of-way.
M. 
Vendors shall not use city utility connections, including water and electric, without prior written approval from the city.
N. 
Vendors shall control smoke and odors caused by food preparation to avoid a public nuisance.
(Ord. 20-12 § 5, 2020)
Mobile vending vehicles operating in the city shall be compliant with the California Fire Code (CFC), California Code of Regulations, Title 19 (CCR), California Mechanical Code (CMC), and the California Health and Safety Code (H&S).
A. 
Required Inspections. An inspection of the mobile vending vehicle is required by the fire department, prior to issuance of a mobile vending permit.
1. 
Frequency.
a. 
Mobile vending vehicles with a hood system require an inspection every six months.
b. 
Mobile vending vehicles with a generator require an inspection annually.
2. 
Requirements. Mobile vending vehicles with a hood system require an extinguishing system and a separate fire extinguisher.
B. 
Short-Term Operation on Public Streets. In addition to the requirements in Section 5.64.040, a mobile food vending vehicle on a public street, that remains in the same location on a short-term basis, shall comply with Section 10.16.140 of this code, in addition to the following:
1. 
Shall not conduct business or operate on the same block for longer than 10 minutes, and shall not, within a period of four hours, again operate such vehicle within 500 feet of a prior operating location. Each instance of vending beyond the period authorized for parking per site shall constitute a separate and distinct offense.
2. 
Shall not be located within 250 feet of a brick and mortar restaurant business.
3. 
Shall not conduct business or operate, between the hours of eight a.m. and five p.m., within one block of any public or private school grounds on days that school is open to students.
4. 
Shall not conduct business within one block of any city park at which a city-approved and permitted special event is taking place without having obtained a special event permit.
5. 
Shall only conduct business from a licensed vehicle or licensed trailer on a public street while parked in a designated parking area.
6. 
Shall, at all times, operate in compliance with the California Vehicle Code, the Hanford Vehicles and Traffic Code, Title 10, and all posted parking, stopping and standing restrictions.
7. 
Shall not encroach onto a public sidewalk with any part of a vehicle, wagon, trailer or truck or any other equipment or furniture related to the operation of the business without a minimum four foot clearance, including customer queuing areas.
8. 
Shall provide garbage and recycling receptacles for immediate use by customers.
9. 
Shall maintain, at all times during which the vending vehicle is in operation, a policy of general comprehensive liability insurance with limits as approved by the city and insuring against injury or death of a person and for claims of property damage resulting from the applicant's use of the public right-of-way. The city and its officials, officers, employees and agents shall be named as additional insured under such insurance policy, and the applicant shall cause its insurer to waive the right of subrogation with respect to the city and its officials, officers, employees, and agent. The applicant will deliver to the city endorsements to the applicant's insurance policy as evidence of the satisfaction of these insurance requirements.
C. 
Long-Term Operation on Public Streets. A mobile vending vehicle that remains in the same location on a public street for a period exceeding the maximum time allowed under subsection A is prohibited.
D. 
Operation on Private Property. In addition to the requirements of Section 5.64.040, a mobile vending vehicle on private property shall be subject to the following requirements and limitations:
1. 
Have written documentation of the property owner's authorization to operate on the property in their possession.
2. 
Be located on a fully developed parcel. Locations shall have curb, gutter, sidewalk and be paved with a solid material, to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, for parking of the mobile food vending vehicle and guests.
3. 
Be located outside of the required setback area, established by the zone district, in accordance with Title 17.
4. 
Vendors shall only occupy parking spaces not required to meet the minimum requirements of the current primary use(s) on the property, as required in Section 17.54.040. Use of the primary business(es)' required parking spaces by a vendor is prohibited. The vending facility shall not be placed on landscaped areas, nor shall the vending facility adversely impact any landscaping or landscaped areas.
5. 
Cannot be located within 250 feet of a brick and mortar restaurant business, except as follows:
a. 
The restaurant and vendor are operated by the same entity; or
b. 
The vendor has prior written permission of the brick and mortar restaurant business owner to operate on the property of that existing business; or
c. 
The vendor is authorized to locate in Civic Park as part of a certified farmers' market, special event, or specified permit, as allowed in subsection E of this section.
6. 
If a mobile vending vehicle will be parked at a location for more than one hour, the site must contain toilet facilities for employees on site or within 200 feet of the vending vehicle. Applicants will be required to submit a letter signed by the party owning or controlling the toilet facilities indicating that the facilities used to fulfill this obligation can be used by the mobile vending vehicle employees.
7. 
Only be established on sites which have an active business open during the hours of the mobile food vendor's operations. Mobile food vending shall be an ancillary use to the primary business on site.
8. 
Hours of operation shall be limited to those hours the primary business on the site is open, excepting that where a business is located within 150 feet of the R-L, R-M, R-H, or O-R zone district, vending shall be prohibited during the hours of ten p.m. to seven a.m.
9. 
Confine the entire operation on the private property, including queuing of patrons.
10. 
A temporary use permit may be issued for a time period not to exceed six months for a single location. Rotating vendors are acceptable in the location identified on the temporary use permit. A vendor's permit is required for each mobile vending vehicle. A new permit for the same or a different vending vehicle may not be issued at the location for a minimum of six months.
11. 
A vending vehicle may remain on private property for more than six months, upon approval of a conditional use permit, in zones as provided in Section 17.08.030 of this code. Rotating vendors are acceptable in the location identified on the temporary use permit. A vendor's permit is required for each mobile vending vehicle.
12. 
Provide garbage and recycling receptacles for immediate use by customers.
13. 
Mobile vendor permits are not required for mobile vendors to cater a one-day private event or party located on private property with no retail sale to the general public and no admission charge to the event, with the exception that the mobile vendors must have a food vending permit from Kings County and a business license.
E. 
Operation on City Property and Parks. In addition to the requirements in Section 5.64.040, a mobile food vending vehicle on city property is prohibited, with the following exceptions:
1. 
As part of a special event, with the appropriate city permits that include food vending operations in city parks.
2. 
By a special permit issued by the parks and community services department in designated spaces in Civic Park.
(Ord. 20-12 § 5, 2020)
In addition to the requirements in Section 5.64.040, a sidewalk vendor on a public street, any city right-of-way, or public park, shall comply with Section 10.16.140 of this code and the following:
A. 
Ensure that no obstruction is placed on the sidewalk or public right-of-way that would reduce the width of the sidewalk available to pedestrian travel to less than 48 inches, exclusive of the top of the curb, in order to maintain Americans with Disabilities Act (ADA) accessibility standards. No obstruction shall be located on a sidewalk or public right-of-way less than six feet in width when the sidewalk is adjacent to the curb.
B. 
To prevent food-borne illness and protect the health and safety of the city's residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves.
C. 
Stationary sidewalk vendors shall be prohibited from selling in residentially zoned neighborhoods.
D. 
Roaming sidewalk vendors are permitted to sell in residentially zoned neighborhoods from seven a.m. to sunset.
E. 
Sidewalk vending stands and carts shall not exceed eight feet in height, eight feet in length, and four feet in width; shall not impede access to the entrance of any adjacent building or driveway; shall not impede pedestrian right-of-way or vehicle right-of-way (including bike lanes); shall not be located on sidewalks where there is not on-street parking immediately adjacent; and must comply with Americans with Disabilities Act (ADA) and other accessibility standards.
F. 
Sidewalk vending stands and carts shall not be located within 20 feet of a fire hydrant, fire escape, bus stop, loading zone, ADA-accessible parking space, access ramp, or driveway.
G. 
Sidewalk vendors shall supply a way to dispose of trash if an existing trash container does not exist within 25 feet of the stand or cart. Additionally, sidewalk vendors must maintain the cleanliness of their site and area within 25 feet.
H. 
All sidewalk vending stands, carts, signs, refuse containers and other material set up or provided by the vendor must be removed from the vending site during non-vending hours. Any equipment or objects left in public spaces or in any portion of the public right-of-way may be impounded.
I. 
To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way or on public property.
J. 
To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other non-motorized conveyance on a public right-of-way with a slope greater than 5%.
K. 
A sidewalk vendor is prohibited from operating within 500 feet of a permitted, certified farmers' market, a permitted swap meet, or any area subject to a temporary use permit for the duration of the permit.
L. 
Sidewalk vendors vending in a city park may only vend during hours the park is open. Sidewalk vendors may not, however, vend within a city park during a city-approved event when there is an exclusive agreement with one or more concessionaires.
M. 
Sidewalk vendors are prohibited from having tables and chairs for customer use.
N. 
Excepting those vendors who have demonstrated an inability to pay, as set forth in Section 5.64.120, all sidewalk vendors shall maintain, at all times during operation, a policy of general comprehensive liability insurance with limits as approved by the city and insuring against injury or death of a person and for claims of property damage resulting from the applicant's use of the public right-of-way. The city and its officials, officers, employees and agents shall be named as additional insured under such insurance policy, and the applicant shall cause its insurer to waive the right of subrogation with respect to the city and its officials, officers, employees, and agent. The applicant will deliver to the city endorsements to the applicant's insurance policy as evidence of the satisfaction of these insurance requirements.
(Ord. 20-12 § 5, 2020)
Application for a vendor permit required pursuant to this chapter shall be made upon a form provided by the city's community development department. A vendor permit shall be required in addition to other permits and licenses that may be required, including, without limitation, a city-issued business license, temporary use permit, and/or a conditional use permit, and California Department of Tax and Fee Administration seller's permit. The application shall state in full the following information:
A. 
Name and address of present place of residence and length of residence at such address, also business address if different than present address.
B. 
A copy of a California driver's license or identification number, an individual taxpayer identification number, or a social security number. Such information is not public record and will remain confidential as required by Government Code Section 51038(c)(4) or any other statute.
C. 
A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.
D. 
A copy of a valid food vending permit issued by the Kings County department of public health, as required.
E. 
Name and address of the person, firm or corporation or association whom the applicant is employed by or represents and the length of time of such employment or representation.
F. 
Description of type of commodity or commodities to be vended.
G. 
Period of time for which the permit is applied.
H. 
Proposed method, hours, and locations of operation.
I. 
Signature of applicant.
J. 
Fingerprints and a background check shall be completed for vendors selling commodities appealing to children, such as ice cream, snow cones, candy and toys. No permit shall be issued to applicants selling these commodities if they are a registered sex offender or are required to be a registered sex offender.
Inaccurate or incomplete information in a vendor permit application shall be a basis for revocation of a permit by the city's community development director or designee.
(Ord. 20-12 § 5, 2020)
It is unlawful for any person to: (1) sell or attempt to sell any commodity by means of vending such commodity upon on any street or private or public property in the city without first securing a permit and paying the fee therefor; and (2) violate the conditions applicable to the vendor's permit or business license.
(Ord. 20-12 § 5, 2020)
The city shall, by resolution, establish fees for the issuance and renewal of permits sufficient to offset the city's cost of regulation of vendors. These fees are supplemental to any business license fees and taxes charged to vendors. Vendor permit and business license fees shall be payable upon application. The fees charged are non-refundable.
(Ord. 20-12 § 5, 2020)
A. 
Violation of any condition or restriction contained in this chapter and violation of any condition contained in business license or vendor permit shall be a misdemeanor.
B. 
Violation of any provisions of this chapter shall constitute a public nuisance. The city may, as a result of violation of this chapter commence a civil action to enjoining a continuing violation and/or the city may pursue the administrative remedies identified in Section 5.64.110.
C. 
The remedy provisions of this chapter are nonexclusive and supplement any existing rights and remedies available to the city. The provisions of this chapter may be enforced by any remedies provided for in this municipal code or otherwise available in law or equity. Violations of this chapter may be prosecuted criminally, civilly, or administratively, either undertaken separately or in conjunction with other remedies, at the sole discretion of the city. Nothing in this chapter shall be deemed to prevent the city from commencing any administrative, legal, equitable, or criminal proceeding to enforce this chapter, the city's municipal code, or any law.
D. 
Where any provision of this chapter or state law is violated, the community development director or designee has the authority to suspend or revoke the vendor permit. Notification of the suspension or revocation of the vendor permit must be made in writing, must state the reason(s) for the action, and must notify the vendor of the appeal process as set forth in subsection F of this section. The revocation or suspension shall become effective at the end of the appeal period and, if an appeal is requested, the action shall be stayed pending the decision of the city council or its designated hearing officer.
E. 
The community development director may suspend a vendor permit for violation of this chapter, and the permit shall remain suspended until the violation is cured to the community development director's reasonable satisfaction. The community development director may revoke a vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter or if a vendor operates while its permit is suspended.
F. 
Any person who has been denied a mobile food vendor permit or any person whose vendor permit has been suspended or revoked may appeal the decision to the city council or its designated hearing officer. The appeal and associated fee, which will be established by resolution of the city council, must be filed with the city's community development director within 10 calendar days from the date of the vendor's receipt of the city's decision to deny, suspend, or revoke the permit. The request for appeal shall set forth in detail all facts supporting the appeal. Failure to file a request for appeal by such deadline shall constitute a failure to exhaust administrative remedies. Upon receiving a written request for appeal, the community development director shall set a hearing date before the city council or designated hearing officer, which shall occur no later than 45 days from the date of the city's receipt of the written request for appeal. The community development director shall set forth in writing and send to the applicant or permittee, by means of registered mail, certified mail, overnight delivery service, or personal service, notice of the date, time, and place of the hearing at least 10 calendar days before the hearing. The city council or its designated hearing officer shall, at the appeal hearing, consider any written and oral evidence presented to determine whether the suspension, revocation, or denial was in accordance with applicable laws. Formal rules of evidence shall not apply; any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The decision of the city council or its designated hearing officer shall be final.
(Ord. 20-12 § 5, 2020)
A. 
Every person that engages in vending activities without obtaining the required vendor permit shall be subject to administrative fines not to exceed:
1. 
Two hundred fifty dollars for a first violation; or
2. 
Five hundred dollars for a second violation within one year of the first violation; or
3. 
One thousand dollars for each additional violation within one year of the first violation.
B. 
Every person violating any other provision of this chapter shall be subject to an administrative fine not to exceed:
1. 
One hundred dollars for a first violation; or
2. 
Two hundred dollars for a second violation within one year of the first violation; or
3. 
Five hundred dollars for each additional violation within one year of the first violation.
C. 
Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the city may levy a lien on the violator's real or personal property, including the vehicle used for vending purposes.
D. 
An administrative violation constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter.
E. 
Appeals of administration citations shall be subject to the procedures set forth in Section 5.64.100(F). When submitting a written request for appeal, the appealing party shall pay the appeal fee, which shall be established by resolution of the city council, plus the amount of the administrative fine to which the appealing party is subject; provided, however, the appeal fee and fine shall be subject to adjustment or waiver in accordance with Section 5.64.120.
(Ord. 20-12 § 5, 2020)
A. 
Any administrative fine issued to a sidewalk vendor under Section 5.64.110 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.
B. 
If the requestor is receiving public benefits under Government Code Section 68632, subdivision (a), or has a monthly income which is 125% or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the community development director will, upon documentary evidence confirming the requestor's financial hardship, limit the total amount of the requestor's appeal fee and administrative fine to 20% of the total and may:
1. 
Allow the person to complete community service in lieu of paying the total administrative fine; or
2. 
Waive the appeal fee and/or administrative fine; or
3. 
Offer an alternative disposition.
(Ord. 20-12 § 5, 2020)