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 are an important aspect of the community. That said, those vehicles can pose special dangers to the public health, safety, and welfare of children and residents in the City of Desert Hot Springs. 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 mobile food vending vehicles, as defined in this chapter, with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace.
(Ord. 690 9-3-19; Ord. 776 3-21-23)
For the purposes of this chapter, the definitions in this section are adopted and made a part thereof:
"Commissary"
means a food facility or other approved location that services mobile food facilities, mobile support units, or vending machines where any of the following occur:
1. 
Food, containers, or supplies are stored.
2. 
Food is prepared or prepackaged for sale or service at other locations.
3. 
Utensils are cleaned or stored.
4. 
Liquid and solid wastes are disposed, or potable water is obtained.
"Community event"
means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of civic, political, public or educational in nature, including State and County fairs, City festivals, circuses and other public gatherings events approved by the local enforcement agency.
"Food vendor"
means a person or entity who:
1. 
Conduct or permits or causes the operation of mobile food facility.
2. 
Owns, operators, controls, manages, or leases, mobile food facility; or
3. 
Contracts with persons to drive and vend from mobile food facility.
"Food" or "food products"
means any type of edible victuals or beverage.
"Merchandise"
means goods and wares containing a trademark associated with a person or entity operating a mobile food facility.
"Mobile food facility"
means any Category 3, 4, or 5 mobile food facility as defined by Riverside County Ordinance 580.8, as may be amended, 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.
"Mobile support unit"
means a vehicle or conveyance used in conjunction with a commissary or other permanent food facility that travels to, and services, mobile food facilities as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes.
"Prepackaged food"
means any properly labeled and processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, and prepared at an approved source.
"Special event"
means an event or activity that is held or conducted pursuant to a special event permit approved by the City per the City's Special Event Application Review Process as adopted by resolution of the City Council or a temporary use permit approved pursuant to Chapter 17.136 Temporary Use Permits.
"Temporary food facility"
means an approved food facility that may be readily disassembled for storage or for transporting, and readily assembled to its original integrity at a different location, is easily movable, and operates at a fixed location for the duration of an approved community event or special event and only as a part of that community event or special event.
"Vend" or "vending"
means to sell, offer for sale, display, barter, exchange, or otherwise give food, food products, merchandise, or prepackaged food from a mobile food facility.
(Ord. 563 2-17-15; Ord. 690 9-3-19; Ord. 776 3-21-23; Ord. 803, 6/4/2024)
A. 
No mobile food facility may vend in the City without first obtaining and having in his or her possession an annual mobile food facility permit issued by the City in accordance with this chapter.
B. 
To obtain a mobile food facility permit, a food vendor must complete a permit application on the form approved by the City and file it with the City. The application form shall require the following information:
1. 
Applicant's full name and address.
2. 
A copy of the valid California Driver's license issued to the vendor, a copy of the individual taxpayer identification number issued to the vendor or a municipal identification number. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a State law or State or Federal court order.
3. 
Proof of insurance coverage satisfactory to City.
4. 
A brief description of the type of food products and any merchandise to be sold. This shall include the nature, character and quality of the product.
5. 
The location and/or streets 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 mobile food facility, including logo and color scheme, its registration number, and its license number.
8. 
A copy of a current Riverside County Environmental Health Permit.
9. 
A copy of the applicant's City business license.
10. 
A photograph of the mobile food facility and if applicable any mobile support units used in operation.
11. 
Riverside County Environmental Health permitted commissary-approved facility information.
12. 
Commissary agreement letter.
13. 
A certification that the vendor will comply with all local, State and Federal laws regarding food product vending, including all applicable sales tax requirements and this chapter.
14. 
Any other information deemed appropriate by the City.
C. 
No application for a new or renewed mobile food facility permit shall be accepted unless the application is accompanied by a fee in an amount set by a City Council resolution.
D. 
Upon receipt of a written application for a mobile food facility permit, the Community Development Director shall conduct an investigation as he or she deems appropriate to determine whether a mobile food facility permit should be approved. A permit shall be approved, conditionally approved, or denied within 30 calendar days of the filing of an application. The mobile food facility permit shall be denied if one or more of the following findings is made:
1. 
The applicant has made a false, misleading or fraudulent statement of fact, or made a material omission of fact, to the City in the application process.
2. 
The application does not contain the information required by this chapter.
3. 
The applicant has not satisfied the requirements of this chapter.
4. 
The applicant has violated any provisions of this Code within the past year. This finding may be excused at the discretion of the Community Development Director if, after an investigation into the facts and circumstances of the prior violations, the Community Development Director determines that issuance of a mobile food facility permit would not compromise public safety.
E. 
The City may condition the approval of any mobile food facility permit to ensure compliance with this chapter and other applicable laws.
F. 
Any mobile food facility permit shall be valid for the term of one year. Upon the expiration of the mobile food facility permit, an application for renewal shall be filed in a like manner as an application for an original mobile food facility permit, and such renewal permit shall be approved or conditionally approved only when the requirements for the issuance are met.
G. 
Any mobile food facility permit may be suspended or revoked by the Community Development Director or designee for failure to comply with the terms of this chapter, or permit conditions. 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. Failure to timely file a written request for an appeal hearing constitutes a waiver of the right to an appeal hearing. Selection of a hearing officer and the hearing shall be conducted pursuant to Sections 4.36.060 through 4.36.230 of the Desert Hot Springs Municipal Code, or successor sections. The decision of the hearing officer shall be final.
H. 
A mobile food facility permit shall not be assignable or transferable.
(Ord. 563 2-17-15; Ord. 690 9-3-19; Ord. 776 3-21-23; Ord. 803, 6/4/2024)
A. 
General Regulations Pertaining to All Mobile Food Facilities. All mobile food facilities must comply with all of the following:
1. 
The vendor has a valid mobile food facility permit and business license from the City, including insurance as defined in subsection (A)(9).
2. 
All food, food products, merchandise, and prepackaged foods that are prepared, stored, cooked, or displayed must be fully enclosed and contained within the mobile food facility. No open-air preparation of food or food products is permitted.
3. 
The mobile food facility is in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked.
4. 
The mobile food facility shall remain parked and immobile while vending.
5. 
The food vendor shall not encroach onto a public sidewalk with any part of its mobile food facility or any other equipment or furniture related to the operation of its business.
6. 
The mobile food facility has a valid permit, certificate, or other required approval from Riverside County Department of Environmental Health.
7. 
All food products sold or provided from the mobile food facility shall comply with all applicable food labeling requirements established by the State of California and the food vendor must obtain all required permits, including, without limitation, health permits, to sell or provide such items.
8. 
No alcohol beverage, general merchandise or commercial sales other than food are permitted, other than company merchandise.
9. 
The food vendor shall maintain insurance, as deemed acceptable in the reasonable discretion of the City, and provide to the City written certification thereof, against liability for death or injury to any person and damage to property as a result of ownership, operation, or use of its mobile food facilities. In addition, the food vendor shall indemnify, defend and hold the City harmless from any claims arising out of or related to the vendor's ownership, operation, or use of its mobile food facilities, except as otherwise permitted by applicable law.
10. 
The food vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into any streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.
11. 
The food vendor shall comply with sound amplification regulations in Chapter 8.12 of this Code.
12. 
Vending of cannabis products of any kind is prohibited.
13. 
Food vendors and mobile food facilities shall comply with all applicable Federal, State, and local laws.
14. 
A food vendor may locate its mobile food facility on a street as long as the vendor adheres to the following standards and conditions: The mobile food facility does not obstruct pedestrian or vehicular traffic.
15. 
Food vending is prohibited on the exposed street and/or vehicular traffic side of the mobile food facility. The food vendor shall not distribute any item from the mobile food facility in a manner that causes any person to stand in that portion of the street that is between the vehicle and the center of the street. A mobile food facility is limited to two signs excluding exterior graphics. The exterior sign shall be secured at all times that the mobile food facility is moving. No sandwich board or other signs are permitted on the ground in the area or on the mobile food facility.
16. 
A mobile food facility may only stand or park in the public right-of-way within a commercial zone between the hours of 7:00 a.m. and 2:00 a.m. In all other zones, mobile food facilities may only stand or park in the public right-of-way between the hours of 9:00 a.m. and 9:00 p.m.
17. 
No food vendor shall engage in vending unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the mobile food facilities, marked with a sign requesting use by patrons. Prior to leaving the location, the food vendor shall pick up, remove and dispose of all trash generated by the food vendor's operation located within a 25-foot radius of the mobile food facility's location. This provision does not require picking up trash in the street in an unsafe manner.
a. 
The exterior storage of refuse, equipment, or materials associated with the mobile food facility is prohibited.
b. 
Any mobile food facility licensed by the County of Riverside as a Category 4 (Limited Food Preparation) or Category 5 (Full Food Preparation Unit) mobile food facility shall provide a minimum of one conspicuous trash receptacle within 20 feet of the vehicle. The trash receptacle will serve both employees and customers.
18. 
Each food vendor shall affix to the lower right side of the windshield of his or her mobile food facility a current grade card/decal issued by the County of Riverside Department of Environmental Health. Additionally, a current mobile food facility permit must be prominently displayed on the vending side of their mobile food facility.
19. 
Each person who drives, operates, or vends from a mobile food facility shall maintain a current, valid California driver's license and a current Food Handler Certificate issued by the County of Riverside. The driver's license and Food Handler Certificate shall be presented for inspection upon request by law enforcement officials or code compliance officers upon request.
20. 
Pursuant to Health and Safety Code Section 114315, mobile food facilities shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the City Manager, to ensure that restroom facilities are available to vendor employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period.
21. 
Exceptions. This section shall not apply to:
a. 
Food vending at construction sites.
b. 
Food vending on school property with the consent of school authorities.
c. 
Food vending on private property with consent of the property owner, lessee, or legal occupant, and with a valid temporary use permit.
B. 
No food vendor may engage in vending or otherwise operate a mobile food facility:
1. 
On any street within a residential zone.
a. 
Category 3 (Prepackaged Foods) mobile food facilities are exempt from this regulation.
2. 
On any street designated as part of a Safety Enhancement Zone pursuant to Chapter 12.28 of this Code.
3. 
Within 50 feet from the outer edge of any entrance of any business which serves food on private property during the hours such business is open to the public. This prohibition may be waived with the written consent of such business.
4. 
Within 30 feet of any street intersection controlled by a traffic light, crosswalk, or stop sign.
5. 
Within 30 feet of a bus stop.
6. 
Notwithstanding any other provision in this chapter, no mobile food facility may be located within 300 feet of the nearest property line of any property on which a public or private school building is located, between the hours of 7:00 a.m. and 5:00 p.m. of any school day.
7. 
Within 500 feet of the nearest property line of any school serving students 18 years of age or younger unless that school is a college, university, or vocational school that primarily serves students older than 18 years of age, unless the mobile food facility is associated with a certified farmers' market that is open at the time that the mobile food facility is conducting business.
8. 
When the posted speed limit on the public street, alley or highway is greater than 35 miles per hour.
(Ord. 563 2-17-15; Ord. 690 9-3-19; Ord. 757 6-7-22; Ord. 776 3-21-23; Ord. 803, 6/4/2024)
A. 
No mobile food facility may vend or locate on any private property or City-owned property except as permitted in this section. All permitted operations on private property or City-owned property shall otherwise comply with applicable operational standards set forth in this chapter.
B. 
Mobile food facilities may vend or park on a developed nonresidential private property, including in the adjacent right-of-way, with written permission from the property owner pursuant to an Administrative Planning Review which shall be reviewed and approved by the Community Development Department.
C. 
Food vendors wishing to obtain an Administrative Planning Review pursuant to this section shall file a written application to do so at least 14 days prior to the requested date of vending. Such requests may be made on a form prescribed by the Community Development Director or designee and shall include:
1. 
Applicant Name;
2. 
Food Vendor Name;
3. 
Food Vendor Mailing Address;
4. 
Location;
5. 
Date & Time;
6. 
Site Plan;
7. 
Parking Plan;
8. 
Notarized written permission from the property owner to vend food from the location.
9. 
A written agreement to use an approved and readily available toilet and handwashing facility within 200 feet travel distance, or as otherwise approved by the City Manager, to ensure that restroom facilities are available to vendor employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period pursuant to Health and Safety Code Section 114315.
D. 
Administrative Planning Review approvals for mobile food facilities shall be limited to a 120 calendar day period, per location. No application for an Administrative Planning Review shall be accepted unless the application is accompanied by a fee in an amount set by City Council resolution.
E. 
A mobile food facility operating on private property with an Administrative Planning Review approval shall comply with the following:
1. 
The food vendor may use up to four tables and 20 chairs on site. No other on-site furniture (permanent or otherwise) shall be permitted. The use of tables and chairs shall be subject to approval by the Community Development Director.
2. 
The food vendor shall not display any food, food products, merchandise, or prepackaged food outside the mobile food facility.
3. 
The food vendor may erect one A-frame sign outside the mobile food facility.
4. 
The food vendor may not display any flags, banners, pendants, banners, or feather signs on the property.
5. 
The food vendor must comply with noise regulations pursuant to Title 8.
F. 
Any permitted mobile food facility participating in a City-sponsored event shall not be required to obtain an Administrative Planning Review approval and may vend as a part of the City-sponsored event.
G. 
Vending from Public Parks. A Facility Use Permit and/or Special Events Permit may be granted to food vendors to vend in public parks. Notwithstanding obtaining a Facility Use Permit and/or Special Event Permit, a food vendor shall not operate at a public park if a separate organization is currently renting such park, unless the organization grants written permission to the food vendor.
1. 
A Facility Use Permit and/or Special Events Permit issued under this subsection shall be valid for a maximum of 30 calendar days.
H. 
Mobile food facilities wishing to vend on City-owned property outside of the public right-of-way must apply for a Special Event Permit or as an approved accessory use as part of a Facility Use Permit from the Recreation and Community Services Department.
I. 
Violation of any permit issued under this section shall be grounds for suspension or revocation of a mobile food facility permit. All permits issued under this chapter may be suspended or revoked in accordance with the procedures of Section 5.52.020 of this code.
J. 
The Recreation and Community Services Director shall evaluate and consider any request for a Facility Use Permit or Special Events Permit. The Recreation and Community Services Director may approve, conditionally approve, or deny the request consistent with the requirements of this chapter and the public health, safety, and welfare. The Recreation and Community Services Director's decision may be appealed in the same manner as a mobile food facility permit.
(Ord. 690 9-3-19; Ord. 776 3-21-23; Ord. 803, 6/4/2024)
Temporary food facilities are prohibited from operating within the City except for with the following exemptions:
1. 
At an approved Community Event for an event that runs four to 25 days or less in a 90-day period.
2. 
At an approved Special Event Permit for an event that runs four to 25 days or less in a 90-day period.
3. 
With a Temporary Use Permit for an event that runs three days or less in a 90-day period.
(Ord. 803, 6/4/2024)
Violations of this chapter are infractions and a public nuisance subject to all remedies available to the City, including, without limitation, all remedies provided pursuant to Title 4 of this Code.
(Ord. 563 2-17-15; Ord. 690 9-3-19; Ord. 776 3-21-23; Ord. 803, 6/4/2024)