The council finds and declares as follows:
A. 
The sale of goods by mobile vendors and sidewalk vendors, as defined in Chapter 5.45, serves the general welfare, if such operation is properly regulated to minimize health, safety, and welfare concerns for the city.
B. 
California Vehicle Code Section 22455 allows local authorities to regulate the type of vending and the time, place, and manner of vending from vehicles upon the street in order to promote public safety and Article XI, Section 7 of the California Constitution extends to cities the police power to regulate in furtherance of the public health and welfare.
C. 
The city has an important and substantial public interest in providing regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.
D. 
Unregulated mobile vending creates concerns regarding the orderly and safe movement of both vehicles and pedestrians. Keeping pedestrians out of the streets and the sidewalks free from obstruction are top priorities for the city.
E. 
Locating near schools during school hours creates the potential to attract school children off campus to engage in unsupervised transactions during school hours.
F. 
The congregation of pedestrians and activity near intersections, bus stops, loading zones and driveways utilized by emergency service vehicles has the potential to reduce traffic safety as drivers' line of sight may be reduced, drivers may be distracted by the activity, and it may be more difficult for drivers to spot pedestrians ready to cross the street.
G. 
Requiring separation between mobile vendors and farmer's markets and special events serves to prevent confusion by attendees as to which vendors are part of the event and which are not part of the event. Said separation also serves to incentivize participation by mobile vendors in farmer's markets and special events, which stimulate the local economy by showcasing local businesses and attracting tourists and consumers.
H. 
Nothing in this chapter is intended to prohibit, prevent or hinder activities of political, economic, religious or sociological ideas when such activities are noncommercial.
I. 
Nothing in this chapter shall limit the regulation of the sale of fireworks, which is regulated by the Office of the State Fire Marshal, unless by local option all fireworks should, at a future date, be prohibited within the city limits.
J. 
Nothing in this chapter shall prohibit the sale of newspapers.
(Ord. 609, 1986; Ord. 817 § 2, 2020)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Food preparation"
is the mixing, manufacturing, or processing of food. It does not include cooking, assembling precooked or prepared foods, or adding condiments.
"Mobile vendor"
includes all persons or businesses that sell food, goods, crafts and other merchandise, except used merchandise, and that rent recreational equipment, from a stand that is intended to be temporary, or is capable of being moved from one location to another, specifically excluding sidewalk vendors as defined in Chapter 5.45.
"Permittee"
is any natural person, partnership, corporation, firm or association holding a valid permit under this chapter. For purposes of this chapter, the act of omission of an agent or employee of any permittee is for all civil purposes the act or omission of the permittee.
"Pushcart"
is any nonmotorized vehicle, truck, trailer, cart, wagon, dray, conveyance or structure on wheels not firmly fixed to a permanent foundation, which is utilized in connection with vending.
"Vehicle"
has the same meaning as given in California Vehicle Code Section 670, as amended from time to time.
"Vend" or "vending"
is the sale of any goods, wares, merchandise, prepared, pre-packaged, or unprepared, unpackaged food or food stuff of any kind, except used goods or merchandise, and expressly includes the renting of recreational equipment.
(Ord. 609, 1986; Ord. 817 § 2, 2020)
A. 
All mobile vendors operating in the city are required to obtain a mobile vending permit.
B. 
Mobile vending is allowed on city streets and in city parking lots without a use permit.
C. 
Mobile vending is allowed on private property without a use permit except in the R-1, R-2, and R-3 districts. Mobile vendors must provide permission in writing from the property owner to the finance director to vend on private property.
(Ord. 609, 1986; Ord. 795 § 2, 2016; Ord. 817 § 2, 2020)
Mobile vending on private property with R-1, R-2 or R-3 zoning designation may only be done with a duly issued use permit and site plan approved by the planning commission.
(Ord. 795 § 2, 2016; Ord. 817 § 2, 2020)
An application for a mobile vendor permit is made part of the business license application. No separate application or permit fee will be charged. The applicant must submit documentation sufficient to demonstrate compliance with this chapter such as certificate(s) of insurance.
(Ord. 609, 1986; Ord. 817 § 2, 2020)
Every mobile vendor operating on a city street or other city property, at his or her sole cost and expense, and during the entire term of his or her permit or any renewal thereof, is required to obtain and maintain policies of liability insurance in the amounts and form as required by duly-adopted resolution of the city council for the type of the operation being permitted.
(Ord. 609, 1986; Ord. 817 § 2, 2020)
No property owner shall allow any mobile vendor to operate on private property except in compliance with all of the following requirements:
A. 
The property owner must give written consent to the mobile vendor to operate on the property and describe the approved location and operation schedule.
B. 
Mobile vendors may only occupy parking spaces not required to meet the minimum requirements of the current permitted uses on the property per Title 17 (Zoning), or other off-site uses if those spaces are leased. This requirement does not apply if the hours of operation of the mobile vendor and the other permitted uses do not coincide.
C. 
Mobile vendors must not occupy any areas required for loading, circulation or fire access.
(Ord. 609, 1986; Ord. 795 § 2, 2016; Ord. 817 § 2, 2020)
It shall be a violation of this section for mobile vendors to engage in food preparation without:
A. 
Complying with Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code.
B. 
Maintaining sanitary conditions, including the placement of a sufficiently-sized trash receptacle with a lid to receive vendor and customer trash produced at the vending location.
C. 
Obtaining any additional licenses required from other state or local agencies to the extent required by law.
D. 
Complying with other generally applicable laws.
(Ord. 609, 1986; Ord. 817 § 2, 2020)
A. 
Mobile vendors who vend from a vehicle must bring the vehicle to a complete stop and be lawfully parked adjacent to the curb consistent with Vehicle Code Section 22500 and all posted parking, stopping and standing restrictions.
B. 
Mobile vendors who vend from a vehicle parked on a street may only vend from the sidewalk facing side of the vehicle.
C. 
Mobile vendors who vend from a vehicle parked on a street may not vend within fifty feet of an intersection, bus stop, loading zone, or driveway of a fire station, police station, or ambulance station.
D. 
Mobile vendors who vend in a city parking lot must take special care to keep customers from congregating in parking stalls or vehicular pathways. Mobile vendors must set up so that customers can purchase and view goods from pedestrian facilities such as a sidewalk. This provision does not apply if the activity is authorized as part of a temporary special permit.
(Ord. 609, 1986; Ord. 795 § 2, 2016; Ord. 817 § 2, 2020)
A. 
Mobile vendors must generally maintain sanitary conditions and remove all trash or debris accumulating by reason of any vending and deposit the trash into a trash receptacle.
B. 
Mobile vendors may not sell any merchandise to any person who is in a motor vehicle at the time of sale except to persons who have a valid disabled sign granted by a Department of Motor Vehicles and displayed in vehicle.
C. 
Every mobile vendor must at all times have a valid business license/mobile vendor permit on display.
D. 
Mobile vendor permits issued under this chapter may only be sold, assigned or transferred, along with the transfer of the business license.
E. 
No signs may be exhibited or placed by or near any mobile vending operation except that the pushcart, stand or vending vehicle may have a sign attached to it as long as it does not exceed the space available on the front or sides of the pushcart, stand or vehicle.
F. 
Mobile vendors may occupy a space no larger than four hundred square feet while on public property.
G. 
Mobile vendors may not operate between the hours of ten p.m. and seven a.m.
H. 
Mobile vendors may not operate within three hundred feet of a permitted certified farmers' market during the operating hours of that market. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. The three hundred feet will be measured from the exterior boundary of the area designated for use by the farmers' market.
I. 
Mobile vendors may not operate within three hundred feet of an area designated by a temporary special permit during the hours of the event or activity permitted. A temporary special permit is a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit. The three hundred feet will be measured from the exterior boundary of the area designated for use for the temporary special permit.
J. 
Mobile vendors may not sell any item for which the purchaser is required by law to be over the age of twenty-one years, such as tobacco, alcohol, cannabis, etc., unless such sale is authorized as part of a temporary special permit and in compliance with all state laws and regulations.
K. 
Mobile vendors may not place, tables, chairs or other seating in the public right-of-way, including sidewalks. This prohibition does not apply to parking lots.
L. 
Mobile vendors may not vend within three hundred feet of the grounds of any elementary or secondary school, measured from the parcel boundary upon which the school is located, on any school day before four p.m.
(Ord. 609, 1986; Ord. 795 § 2, 2016; Ord. 817 § 2, 2020)
Any interested party may appeal an adverse decision of the city finance director hereunder to the city manager by filing a written appeal within ten days after the mailing of notice of the city finance director's decision to the last known address of the permittee. In considering the appeal, the city manager may affirm, revoke, or modify the city finance director's decision in whole or in part, and consider any other matters the city manager deems pertinent. The city manager's decision shall be final.
(Ord. 609, 1986; Ord. 817 § 2, 2020)
A. 
The city finance director shall enforce each and all of the provisions of this chapter, and the chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the city finance director and/or city council.
B. 
The city finance director in the exercise of the duties imposed upon him or her hereunder, and acting through his or her deputies or duly authorized assistants, has the power to examine or cause to be examined all sidewalk vending operations in the city to ascertain whether the provisions of this chapter have been complied with.
C. 
The city finance director and each of his or her assistants and any police officer shall have the power and authority to approach any sidewalk vending operation place of business required to be permitted herein and demand an exhibition of its permit.
D. 
Any person having such permit in his or her possession or under his or her control who willfully fails to exhibit the same on demand, will be subject to penalty.
E. 
The city finance director shall cause a complaint to be filed against any and all persons found to be in violation of any such provisions.
(Ord. 817 § 2, 2020)
Any mobile vendor violating any provision of this chapter shall be guilty of a misdemeanor and subject to the penalty provided for by the provisions of Section 1.16.020.
(Ord. 609, 1986; Ord. 817 § 2, 2020)