Note: Prior ordinance history: Ords. 60, 169.
Any word or phrase not defined in this chapter shall be used as defined in Chapter 1.04.110 of the Moorpark Municipal Code; if the word or phrase is not defined in Chapter 1.04.110; the word shall be as defined elsewhere in the Moorpark Municipal Code; if the word is not defined in the Moorpark Municipal Code the word shall be used as defined in Webster's Unabridged Dictionary, latest edition.
"The authority"
means the community development director or his or her designee.
"Food truck"
means a vehicle or trailer that is mobile or wheeled and which is designed to vend from a parked or stopped location on a city street or other public right-of-way but does not include a vendor who engages in sidewalk vending as defined and regulated by Chapter 5.62 of this code.
"Nonprofit organizations"
means a nonprofit corporation that has obtained recognized state or federal tax exempt status.
"Street vendor"
is a generic term that includes all street vendors, including vending from food trucks, but does not include hawkers, peddlers, solicitors, transient merchants, and itinerant merchants, which are defined and regulated in Chapter 5.66 and sidewalk vendors which are defined and regulated in Chapter 5.62.
"Vehicle"
is any automobile, truck or other similar wheeled device, motorized or not, used for the purpose of assisting a street vendor in conducting his or her business.
(Ord. 366 § 1 Exh. G, 2007; Ord. 523, 7/17/2024)
Prior to engaging in street vending a person wishing to operate as a street vendor consistent with the definition in Section 5.64.010 must obtain a street vendor permit, regardless of whether or not the person maintains or is employed at an established place of business. Each person of the business must obtain a street vendor permit. Nonprofit organizations may operate under one single license regardless of the number of street vendors which the organization may have. The provisions of this chapter shall not apply to wholesale salespersons selling or soliciting to established places of business.
(Ord. 366 § 1 Exh. G, 2007)
A street vendor permit application must be submitted to the city in writing on the city's application form and must include, but not be limited to, the following:
A. 
Name and description of the applicant or organization with proper identification;
B. 
Permanent home address of the applicant and the address of the organization;
C. 
Nature of the business to be conducted;
D. 
Name and address of the employer, or individuals designated as street vendors if any;
E. 
Statement as to whether or not the applicant has been convicted of a violation of this chapter, any felony or misdemeanor involving moral turpitude or a violation of any narcotics law, exclusive of all city or county ordinance violations and violations of the Vehicle Code not constituting a felony;
F. 
Statement as to the number of vehicles to be used in conducting the business including the model, year and vehicle license number(s);
G. 
Nonprofit organizations must provide a copy of the organization's federal or state tax exemption status;
H. 
The required fee.
(Ord. 366 § 1 Exh. G, 2007)
The fee for obtaining a permit required by this chapter must be established by resolution of the city council. Nonprofit organizations must meet the requirements of the chapter except that they may be exempted from the payment of the permit fee, or any portion thereof, if the city council so provides for an exemption in the fee resolution. Fees are payable to the issuing authority upon acceptance of the application.
(Ord. 366 § 1 Exh. G, 2007)
If the authority finds that the application complies with all the requirements of this chapter and has not been convicted of convicted of a violation of this chapter, any felony or misdemeanor involving moral turpitude or a violation of any narcotics law, exclusive of all city or county ordinance violations and violations of the Vehicle Code not constituting a felony, the permit must be approved. The authority must approve or deny the application in no more than 15 calendar days from the time the application is received.
(Ord. 366 § 1 Exh. G, 2007)
The permit must include, but not be limited to, the following:
A. 
Nature of the business to be conducted;
B. 
Name of the permit;
C. 
Place for which the permit is issued;
D. 
Amount paid for the permit;
E. 
Date of permit issuance;
F. 
Date of permit expiration;
G. 
Name of each person or company for whom the permittee will act or work.
(Ord. 366 § 1 Exh. G, 2007)
A. 
Every person who is required to be permitted pursuant to this chapter must obtain a permit for each business if more than one business is being conducted.
B. 
A permittee shall not engage in any business not designated on the permit or engage in any business for an employer not designated on the permit.
(Ord. 366 § 1 Exh. G, 2007)
Every person required to have a street vendor permit pursuant to this chapter must wear an identification card (hereafter called "card") issued by the authority, while engaged in the business for which he or she is licensed. The card must be worn on the upper left hand portion of the torso, clipped or attached to the outer garment, and shall remain visible at all times. The card shall exhibit a front-faced photograph of the person taken by city staff and pertinent permit information deemed appropriate by the authority.
(Ord. 366 § 1 Exh. G, 2007)
A. 
Vendors must operate only between the hours of seven (7:00) a.m. to nine (9:00) p.m. Monday through Sunday, except as further restricted by subsection B.
B. 
A vendor must not conduct the business for which he or she is permitted within one-quarter (1/4) mile of any elementary or secondary public or private school or any public park between the hours of eight (8:00) a.m. and four (4:00) p.m. on days school is in session. The authority may approve a temporary use permit to allow the conduct of the business for which a street vendor is permitted for special events or occasions sponsored by the city.
C. 
The prohibition of this section does not apply to any person invited in writing to call upon any elementary or secondary public or private school by the principal of the school or other authorized person thereof. The written invitation shall be presented to any city official or law enforcement officer upon demand.
D. 
It is unlawful for any street vendor to solicit business on private property that has a "No Solicitors" sign prominently displayed.
E. 
Vendors are prohibited from operating within 500 feet of a special event or farmer's market, unless otherwise posing a health, safety or welfare concern as described in Government Code Sections 51038 and 51039.
F. 
No amplified music may be allowed when stopped on a public street or public right-of-way.
(Ord. 366 § 1 Exh. G, 2007; Ord. 515 § 10, 2023)
A. 
Every person requiring a permit by this chapter shall obtain a vehicle tag for each vehicle used in the business pursuant to Section 5.64.030(F). When the permit is issued, the authority must also issue tags. All vehicles for which tags are issued shall display the tag on the exterior lower rear right hand portion of the vehicle.
B. 
The fee for each such tag shall be established by resolution of the city council.
C. 
While engaged in selling or delivering products from a vehicle used in his or her trade, including, but not limited to, the sale of foods, the permittee shall not stop such vehicle for more than 60 minutes in any one location on any public street or public right-of-way, or any private property within the city, unless other parking restrictions are enforced. The street vendor must move a minimum of one-quarter (1/4) mile from last location. The authority may approve a temporary use permit to allow a street vendor vehicle to stop for longer periods of time than specified for special events or occasions.
(Ord. 366 § 1 Exh. G, 2007; Ord. 515 § 10, 2023)
In order to revoke the permit of any street vendor, the authority shall provide written notice to the permittee of the purpose, time and location of the office hearing. The notice shall be given by deposit in the United States mail or by personal delivery at least 10 calendar days prior to the hearing. At the office hearing, which may be continued from time to time, the authority shall hear and consider all relevant evidence, including, but not limited to, any written or oral testimony. After conducting an office hearing, the authority may revoke the permit of any street vendor that is found to have provided false application information, has been convicted of a misdemeanor violation of this chapter, or is found not to be in compliance with the requirements of this chapter. The authority's decision to either revoke or sustain the permit must be made within 10 calendar days of the hearing. A copy of the authority's revocation decision shall be served upon the permittee by United States mail or by personal delivery. The decision shall be deemed received upon the third (3rd) calendar day after deposit in the United States mail or upon personal delivery.
(Ord. 366 § 1 Exh. G, 2007)
A. 
The decision of the authority to revoke the permit of any street vendor may be appealed to the city manager. The appeal shall be made in writing and filed with the city clerk, along with the applicable fee as set by city council resolution, within 10 calendar days following receipt of the written revocation decision from the authority.
B. 
The city manager or designee shall, upon receipt of such appeal, set the matter for a hearing not less than 10 calendar days or more than 30 calendar days following the filing of the appeal. Notice of hearing shall be given by deposit in the United States mail or by personal delivery at least 10 calendar days prior to the hearing.
C. 
At the time and place of hearing, the city manager or designee shall hear and consider all relevant evidence, including, but not limited to, the report of the authority and any written or oral testimony. The hearing may be continued from time to time.
D. 
Upon the conclusion of the public hearing, the city manager or designee shall, on the basis of the evidence presented at the hearing, determine whether the street vendor's license shall be revoked. A copy of said decision shall be served upon the permittee by United States mail or by personal delivery. The determination of the city manager or designee is final.
(Ord. 366 § 1 Exh. G, 2007)