The purpose of these regulations is to promote the health, safety, convenience, prosperity, and general welfare by requiring that new and existing motorized food wagons from which goods, wares, merchandise, fruits, vegetables or food stuffs are sold, displayed solicited, offered for sale, bartered or exchanged, or any motorized food wagon or eating car vendor, provide the community and customers with a minimum level of cleanliness, quality, safety, security and comply with all licensing and permitting requirements.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
"Approved surfacing materials"
means driveways, drive aisles, parking spaces, or similar, shall be surfaced with cement, asphalt, brick, concrete or paving blocks at least four inches thick. The surfacing design and installation used shall prevent contaminants from entering the storm drain system, and shall prevent dust, mud, gravel, debris, or dirt from being carried on vehicle tires onto adjacent public streets.
"Business owner"
means any person, firm, or corporation, who owns or controls any interest in any business engaged in vending as defined in this section.
"Commissary"
means a food facility that serves mobile food facilities, where all of the following occur: food, containers, or supplies are stored; food is prepared or prepackaged for sale or service at other locations; utensils are cleaned; liquid and solid wastes are disposed or potable water is obtained.
"Motorized food wagon"
means any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared; pre-packaged; or unprepared, unpackaged food or foodstuffs, of any kind on any public street, alley, highway, or private street, or property within the city of Lathrop. For the purposes of this chapter, a motorized food wagon shall also include any vehicle or trailer or wagon pulled by a vehicle, but does not include sidewalk vendor as defined by Senate Bill 946.
"Person or persons"
means any person, firm, partnership, association, or corporation, and includes, but is not limited to, owners, operators, drivers, lessors, and lessees of motorized food wagons.
"Temporary food vendors"
means any food vendor that sells food and beverage at events for a limited time and fall under the terms and conditions of San Joaquin County Environmental Health temporary event applications. San Joaquin County Environmental Health Department Temporary Food Vendor information can be found at https://www.sjgov.org/docs/default-source/environmental-health-documents/food-and-restaurants/temporary-event-application.pdf.
"Vend" or "vending"
means the sale of prepared; pre-packaged; or unprepared, unpackaged food, foodstuffs, goods, wares or merchandise of any kind from a motorized food wagon on private or public property.
"Vendor/operator"
means any person who drives, operates, vends, and/or prepares food or merchandise to be sold from motorized food wagons.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
Any person(s) desiring to engage in a vendor operation, as defined by this section, shall submit a written application in an acceptable form to the city to receive a mobile vendor permit. Every person who is working on or near the vending operation shall possess a vendor license. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount established by resolution of the city council. Permits shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid yearly for such renewal application. Vendors must have the permit in their possession when vending and display it at all times. Every business owner shall obtain a city business license and display it at all times. A license application requires:
A. 
Proof of current vehicle registration and a copy of an applicable vehicle insurance policy;
B. 
Vendor must supply a background check by the Lathrop police department and a California identification card to prove that he or she is the person in the background check;
C. 
Four photographs (showing different exterior views) of each motorized food wagon. If more than one wagon is owned by the same business person, each wagon shall have a number indicating them as separate vehicles;
D. 
A copy of a current San Joaquin County environmental health permit. For a city of Lathrop business license renewal application, business owners must show proof of payment to a commissary for the prior 12 months. Storing, loading, off-loading of goods, vehicle(s) or any other use of a motorized food wagon in a residential use area, other than the approved vending, is not allowed;
E. 
The Lathrop-Manteca fire protection district will require a life safety inspection of all motorized food wagons that operate within the city of Lathrop. The Lathrop-Manteca fire protection district will require an annual permit and inspection. All motorized food wagons will require a 2A10BC fire extinguisher, all cooking areas shall be inspected, and any propane tanks shall be inspected. Motorized food wagons shall not be allowed to park in any dry grass areas. All permits issued by the fire district shall be displayed;
F. 
A list of items of merchandise that will be offered for sale. Nonfood items are not allowed for sale from food vendors; and
G. 
The applicant has not had a similar permit revoked by the city of Lathrop within a period of one year to the date of such application.
A permit to operate will be issued once the license application has been approved.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
A. 
The vending operation or activity as proposed by the applicant does not comply with all applicable laws, including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations under state law and this code.
B. 
The applicant is unable to obtain the required vending permit, pursuant to Section 8.27.030.B of this code due to a criminal background check.
C. 
The applicant has, within three years immediately preceding the date of filing of the application, had a permit to operate, peddler's license, or related permit, which was issued within the state of California, suspended or revoked.
D. 
The applicant has knowingly made a material misstatement in the application for a permit to operate.
E. 
There have been excessive calls for service to the Lathrop police services or the Lathrop-Manteca fire protection district within the 12 months preceding the application with inadequate response by the vendor or business owners or operators, involving the commission of crimes, disturbances, public nuisances, fire code violations, or applicable LMC violation investigations, which are located, committed, or generated on the premises of the vending operation.
F. 
Failure to obtain clearance from San Joaquin County environmental health.
G. 
Temporary food vendors that prepare or cook "potentially hazardous foods," as defined by San Joaquin County Environmental Health Department on the Temporary Food Vendor application, available on the website provided in Section 8.27.020 under "Temporary food vendors," from anything other than a motorized food wagon will not be permitted to participate in city-hosted events.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
Any motorized food wagon vendor may locate in the public right-of-way subject to the following conditions:
A. 
It shall not operate within 300 feet of any street intersection controlled by a crosswalk, traffic light, or stop sign.
B. 
Shall not operate within 500 feet of another motorized food wagon.
C. 
Residential Use Area.
1. 
Must move not less than 500 feet at least every 30 minutes and may not return to a previous location or within 500 feet of a previous location on the same calendar day.
2. 
Permitted hours of operation are from dawn to dusk.
D. 
Commercial Use Area.
1. 
Must move not less than 500 feet at least every three hours and may not return to a previous location or within 500 feet of a previous location on the same calendar day.
2. 
Permitted hours of operation are from six a.m. to 12:00 a.m.
3. 
A motorized food wagon used for vending located in a commercial use area and within 100 feet of a residential property shall comply with the requirements for a residential use area.
E. 
Industrial Use Area.
1. 
May operate 23 hours a day.
2. 
A motorized food wagon used for vending located in an industrial use area and is also within 100 feet of a residential property shall comply with the requirements for residential use area.
F. 
No vendor shall dispense any merchandise, foods or goods, at any time, within 500 feet of the property line of a school between seven a.m. and four p.m. on days when school is in service or during a school event.
G. 
If there is no adequate parking available or if the operation of the vending business causes a hazardous condition deemed to be unsafe, at the discretion of a city official, the above operating hours may be limited.
H. 
Vending may not occur on a sidewalk or any area that may impede foot traffic unless temporary approval is obtained from the planning, public works, police and code departments and an encroachment permit is obtained.
I. 
Vending from a vehicle is prohibited on the exposed street and/or traffic side of the vehicle.
J. 
Not interfere with access, driveways, aisles, or circulation, and shall not operate in a place where the operation will create a traffic hazard.
K. 
Not interfere with pedestrian movement or create a pedestrian hazard.
L. 
Comply with the requirements of the county health department.
M. 
No vendor shall be located or maintained on public property, including bicycle or walk pathways, inconsistent with any provision of this code.
N. 
Vending within any city park, park facility, or parking lot is prohibited without prior city approval and the issuance of all required permits. Required permits include, but are not limited to, a valid Lathrop business license, applicable San Joaquin County Environmental Health permits, a Lathrop-Manteca Fire District inspection, and any additional permits mandated by state or local law. This subsection does not apply to vendors who are permitted to participate in a city-hosted event.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
A. 
Along with other requirements in this chapter, all of the items below must be met before any operation can occur on private property.
1. 
Be incidental to a primary use with a valid business license; a temporary motorized food wagon shall not be the primary use of a parcel. Motorized food wagons shall not be permitted as an accessory use to a stand-alone parking lot (auto/vehicle services—inoperable vehicle storage/parking facilities, public/vehicle storage);
2. 
Be located in an industrial and/or commercial zoning district unless area is within 100 feet of a residential use area. Vending on private property in a residential use area is prohibited;
3. 
Not be located on a vacant parcel;
4. 
Be located on approved surfacing materials for both the vendor and customers;
5. 
Not utilize, or be located on, parking spaces required for the primary use. At least two parking spaces, in addition to those required for the primary use, shall be provided for the motorized food wagon operation;
6. 
Not interfere with access, driveways, aisles, or circulation, and shall not operate in a place where the operation will create a traffic hazard;
7. 
Provide sufficient room surrounding the motorized food wagon to allow for accessibility and to meet fire codes and ADA requirements;
8. 
Not interfere with pedestrian movement or create a pedestrian hazard;
9. 
An affidavit submitted to the city of Lathrop, in a form approved by the city, from the property owner permitting the vendor to locate on the site;
10. 
Comply with the requirements of the county health department;
11. 
No vendor shall dispense any merchandise, foods or goods, at any time, within 500 feet of the property line of a school between seven a.m. and four p.m. on days when school is in service;
12. 
No more than one motorized food wagon, or vehicle can operate on the same property (parcel) at the same time unless approved by the city; and
13. 
If there is no adequate parking available or if the operation of the vending business causes a hazardous condition deemed to be unsafe, at the discretion of a city official, operating hours may be limited.
(Ord. 09-295 § 2; Ord. 10-300 § 1; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
A. 
Any person engaged in vending where such person has been authorized by the city of Lathrop to engage in such activity by a special event permit, lease, real property license, agreement, or other entitlements issued by the city of Lathrop.
B. 
Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
A. 
The provisions of this chapter prohibiting the stopping or parking of a vehicle shall apply at all times or at those times specified by this chapter, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
B. 
The provisions of this chapter imposing a time limit on stopping or parking shall not relieve any person from the duty to observe other more restrictive provisions of the California Vehicle Code, this code or any other ordinances of the city, prohibiting or limiting the stopping or parking of vehicles in specified places or at specified times.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
A. 
The site (meaning the area where the motorized food wagon is located at any given time no matter how short the time period) shall be maintained in a safe and clean manner at all times. The vendor shall not discharge items onto the sidewalk, gutter, storm inlets, or streets.
B. 
No tables, chairs, fences, shade structures, or other site furniture, (permanent or otherwise) or any free standing signs shall be permitted in conjunction with the motorized food wagon.
C. 
Exterior storage of equipment, or materials associated with vending is prohibited.
D. 
A garbage can for refuse shall be set outside the motorized food wagon for the time period in which they are allowed to remain parked in accordance with this code. Vendors are responsible for gathering refuse and proper disposal of refuse from the area in which they are parked that is a result of their vending.
E. 
The motorized food wagon, or any vehicle shall only be parked on sites covered by approved surfacing materials; this includes parking for patrons of the vendor.
F. 
If the motorized food wagon is operating at an hour where natural light is dim, where permitted, they must be in an area that is near a permanent light source to ensure the safety of customers. Temporary light fixtures are not permitted.
G. 
During the time that a motorized food wagon is parked or stationary, no music, bells, or any amplified sound device shall be played. Music, bells, or any amplified sound may resume only once the motorized food wagon leaves its parked or stationary position.
H. 
All music, bells, or any amplified sound shall not be extended or heard past 300 feet from the source of the sound.
I. 
The exterior of the motorized food wagon shall be clean and in good repair, and not have any peeling, dents, rust, scratches or missing components which are discernible at a distance of five feet or more from the vehicle.
J. 
A sign displaying the name of the business, the commissary address and the business phone number shall be displayed on the passenger side of the motorized food wagon and shall be clearly visible at a distance of 10 feet.
K. 
No vendor shall dispense any merchandise not listed on the vendors permit.
L. 
No vendor shall attach to or receive any utilities from private or public property without obtaining approval or permits from the city of Lathrop.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
A. 
The motorized food wagon shall be entirely self-sufficient in regards to gas, water, and telecommunications. Should any utility hook-ups or connections to on-site utilities be required, the vendor and property owner shall be required to apply for all appropriate permits to ensure building, public safety and consistency with applicable building codes are met.
B. 
All motorized food wagons shall operate out of a commissary pursuant to California Health and Safety Code Sections 114287 and 114295(d).
C. 
A motorized food wagon shall comply with California Health and Safety Code Sections 114299.5 and 114315 regarding the availability of adequate toilet facilities for use by food service personnel if remaining at one location for more than one hour.
D. 
Food and beverages are prepared and sold for off-site consumption.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
A. 
No vending shall be permitted except after the motorized food wagon used for vending has been brought to a complete stop and parked in a lawful manner.
B. 
The vendor shall install signage in a visible location, on the vehicle and property, indicating that loitering is not permitted and customers may only remain on the site for up to 15 minutes after receiving their food, foodstuffs, goods, wares or merchandise.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
A license or permit issued pursuant to this chapter may be revoked upon proof that the applicant has been convicted during the term of such license or permit of a crime or civil violation prosecuted in the name of the people of the state of California, provided such conviction is related to the applicant's conduct of his or her business; or has made a false material statement in the application.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this chapter into law.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
If any permit or license is denied or revoked pertaining to this chapter, an appeal may be made to the city. All appeals must be made in writing stating the grounds for the appeal and filed with the city on or before the tenth day after the permit or license was denied or revoked. If the appeal is granted, normal administrative hearing procedures will proceed as stated in Chapter 1.12 of this code.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)
A. 
Any violation of this chapter not remedied immediately shall be declared a nuisance and procedures under the administrative enforcement procedures (Chapter 1.12 of this code) shall be followed to allow for correction of the violation.
B. 
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of a misdemeanor; provided, however, that the city attorney shall have the discretion to elect to charge such violation of any provision of this code as an infraction.
1. 
Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall be punishable accordingly.
2. 
Each person shall be guilty of a separate offense for each and every day during the portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall be punishable accordingly.
3. 
Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor under the provision of this code shall be punishable by fine of not more than $1,000 or imprisonment in the San Joaquin County Jail for a period of not more than six months, or by both such fine and imprisonment, for each offense.
4. 
Any person convicted of an infraction for violation of an ordinance of the city under this code shall be punishable by a fine of not more than $500 for each offense.
C. 
Any failure to comply with the provisions of this chapter, including failure to obtain a license or permit, may be punishable by revocation of or issuance of, any license or permit to operate as a vendor.
(Ord. 09-295 § 2; Ord. 21-418 § 4; Ord. 26-480, 3/9/2026)