The purpose and intent of Chapter 13.50 is to regulate the sale of food, food products, ice cream, goods, or merchandise from motor vehicles on public and private property and to protect the health and safety of people within the city. Section 22455 of the California Vehicle Code authorizes municipalities to regulate the type of vending from motor vehicles and the time, place, and manner of vending from vehicles upon streets. Unregulated vending from mobile vending facilities on public streets impairs traffic safety, the safety of pedestrians, contributes to traffic congestion and therefore impedes the orderly movement of pedestrians and motorist traffic. This chapter is not intended to repeal or amend the provisions of this code that provide for licensing or permit procedures for the conduct of certain business activities.
This chapter shall not apply to sidewalk vending which is subject to regulations contained in Placentia Municipal Code Chapter 8.10 (Sidewalk Vending).
(Ord. O-2023-04, 11/21/2023)
For purposes of this chapter, the following words and phrases
shall have the following meanings. Whenever any words or phrases used
herein are not defined but are defined in the California Health and
Safety Code or the Vehicle Code, such definitions shall apply. If
a term or phrase is not defined in this part, or elsewhere in this
code, the most common dictionary definition is presumed to be correct.
means the health, safety, and sanitary requirements of the
California Health and Safety Code.
means the development services director or a designee selected
to make determinations pertaining to this chapter. In the event that
the development services director position is not filled, the highest
ranking official in the community development department will be responsible
for making determinations on selecting a designee.
means a licensed, motorized vehicle or mobile food unit licensed
by the California Department of Motor Vehicles, if applicable, designed
and equipped to prepare, or serve, and sell food, and temporarily
stored in a location where food items are sold to the general public.
means any item provided in Health and Safety Code Section
113781, or any successor section.
includes items and products of every kind and description,
including all foods, produce and beverage items. Services are not
included in the definition of goods or merchandise.
is the contractor hired by the city to impartially consider
appeal and requests and decide on the outcome of appeals.
means any device moved by human power, including, but not
necessarily limited to, any pushcart, wagon, bicycle, tricycle, shopping
cart, or other wheeled container or conveyance.
means a licensed, motorized vehicle or mobile unit designed
and equipped to serve, and sell ice cream, candy or snacks to children.
means both medical marijuana and non-medical marijuana. "Marijuana"
shall have the same definition as that set forth in California Health
and Safety Code Section 11018. "Marijuana" shall include: "cannabis"
as defined in California Business and Professions Code Section 19300.5
(f); "cannabis concentrate" as defined in California Business and
Professions Code Section 19300.5 (g); "edible cannabis product" as
defined in California Business and Professions Code Section 19300.5(s).
Marijuana means both medical marijuana and non-medical marijuana.
means any tangible personal property that can be sold and
immediately obtained from a food truck or mobile food truck, excluding
food. Items for rent shall not be considered merchandise. Merchandise
excludes any services.
means each and every park recreation center, sporting field,
hiking trail, walking track, garden, barbecue, picnic area, and every
other recreation facility owned, managed and/or controlled by the
city and under the jurisdiction of the director of community services
including parking lots attached thereto.
means the location where a mobile food truck is permitted
to prepare, serve, and sell food, as identified and approved by the
city.
means and includes all domestic and foreign corporations,
associations, syndicates, joint stock corporations, partnerships of
every kind, clubs, business or common law trusts, societies, and individuals
transacting and carrying on any business in the city.
means any real property, or interest, therein, owned, leased,
operated or otherwise controlled by the city, either wholly or jointly
with another public agency, other than a street, alley, parkway or
sidewalk.
means any property which, by ordinance of the city, is then
currently classified into any one of the residential zones specified
in the code in which residential dwellings are an expressly permitted
use.
means any event permitted pursuant to Section 23.81.015 (Special events) of the Placentia Municipal Code.
means any lot or parcel of property or any portion of which
is being lawfully used as a residential dwelling.
means as defined in the Vehicle Code of the state of California,
and shall not include any human-powered device.
means the sale or offering for sale of any goods or merchandise
to the public from a vehicle.
means any person who engages in the act of or owns a business
involving vending from a vehicle or who drives or otherwise operates
any such vehicle for the purpose of vending therefrom.
(Ord. O-2023-04, 11/21/2023)
It is unlawful for any person to engage in vending from a vehicle on private property unless: (1) the person is providing meals from vehicles for those living or working on such private property, and provided the period of such vending does not exceed 30 minutes; or (2) the vending is occurring at a community special event for which a community events permit has been issued pursuant to the requirements of Section 23.81.015 (Special events) of the Placentia Municipal Code.
(Ord. O-2023-04, 11/21/2023)
This chapter shall not apply to sidewalk vending which is subject to regulation contained in Title 8 (Health and Sanitation) Chapter 8.10 (Sidewalk Vending).
(Ord. O-2023-04, 11/21/2023)
It is unlawful for any person to sell or offer for sale, or
operate any vehicle or conduct any business for the purpose of causing
the sale of or offering for sale, any goods or merchandise from any
vehicle parked, stopped or standing upon any public street, alley,
parkway, sidewalk or other public property in the city except in accordance
with all applicable provisions of this code and in compliance with
each of the following requirements:
(1)
Permit/License Requirements.
(A)
Each operator of such mobile food truck shall possess and at all times display in conspicuous view upon each such vehicle a city business license issued, pursuant to Section 6.04.030 of the Placentia Municipal Code.
(B)
Each operator of such mobile food truck shall possess and at
all times display in conspicuous view upon each such vehicle an unexpired
and unrevoked vendor's permit pursuant to this chapter.
(C)
Each operator of a mobile food truck shall possess a California
seller's permit number pursuant to Section 6067 of the Revenue
and Taxation Code.
(D)
Each mobile food truck operator causing the sale of or offering
for sale any produce or other food item for which a food handler's
permit or other health permit is required by law shall possess and
at all times display such required permit(s) in conspicuous view upon
such vehicle and shall also display the letter grade issued by the
department of public health of the county of Orange. Mobile food truck
operations shall comply with the California Retail Food Code (Health
and Safety Code).
(2)
Vehicle/Equipment Restrictions/Requirements.
(A)
Such vending shall be only by means of a vehicle duly registered
and licensed by the state of California with an unladen weight of
less than 5,000 pounds.
(B)
No mobile food truck shall be equipped with amplified sound
making devices that is used to draw attention to, or announce the
presence of, such vehicle upon any public street. Nonamplified sound
making devices shall be permitted for such purposes provided: (A)
such sounds shall not be made while the vehicle is stopped, parking
or otherwise in a stationary position; and (B) such sounds shall not
be audible to a person with normal hearing for a distance of more
than two hundred feet.
(3)
Health and Safety Requirements.
(A)
All foods, beverages, utensils, and equipment offered for sale
or utilized on vending vehicles shall at all times be protected from
contamination and pollution by dust, dirt, flies, vermin, rodents,
animals, unnecessary handling, droplet infection, overhead leakage,
insecticides, rodenticide, cleaning compounds, and other poisonous
or deleterious substances, and all other forms of contamination.
(B)
Any mobile food truck operator or vendor using scales or any
other weighing or measuring devices shall have all such scales and
devices inspected and sealed by the weights and measures division
of Orange County.
(4)
Location, Hours of Operation, Time Limits and Frequency.
(A)
Mobile food trucks shall not be allowed within residential zones
or parks.
(B)
No mobile food truck shall be parked, stopped, or left standing
in any manner which blocks or impedes vehicular access to any driveway
or restricts the free movement of other vehicles upon the public street.
(C)
No mobile food truck shall be located within two hundred feet
of another mobile food vendor.
(D)
Vending from mobile food trucks shall be limited to only public streets, where the authorized speed limit is less than 35 miles per hour, and shall not be permitted upon any alley, parkway, sidewalk or other public property unless the vending is occurring at a community special event for which the food truck is under the umbrella of a community special events permit issued pursuant to the requirements of Section 23.81.015.
(E)
Vending is prohibited on public streets in any location without
an unobstructed view of 200 feet in each direction.
(F)
No vending from a mobile food truck shall be permitted within 60 feet of any intersection of two or more public streets nor within 500 feet of any public or private elementary, junior high or high school unless the vending is occurring at a community special event for which a community special events permit has been issued pursuant to the requirements of Section 23.81.015.
(G)
No vending from such vehicle shall be permitted for a period of time in excess of 30 minutes in any one location and said vehicle must be moved a distance of not less than 100 feet between consecutive stops at which vending occurs unless the vending is occurring at a community special event for which a community special events permit has been issued pursuant to the requirements of Section 23.81.015.
(H)
Each ice cream truck which sells ice cream primarily to children
and their parents shall be equipped with a sign mounted to the rear
of the vehicle warning of the presence of children. Said sign shall
be in letters in sharp contrast to the background and shall be of
such size, shape, and color as to be readily legible during daylight
hours from a distance of 50 feet. The dimensions of the sign shall
be eight inches high by 48 inches wide (8" x 48") and shall state
either, "Warning Children Present," or "Children Crossing." The ice
cream truck shall be equipped with standard warning flashers.
(I)
Mobile food trucks must not occupy any accessible parking spaces
or impede the required path of travel to any accessible parking spaces.
(J)
All mobile food trucks must be parked on asphalt, concrete,
or other hard all-weather surface.
(K)
Mobile food trucks shall not require use of more than 25% of
existing parking spaces.
(L)
Frequency. Mobile food trucks shall be permitted, on each property,
a maximum of no more than four days per calendar week. Mobile food
trucks may operate at different locations throughout the city.
(M)
Hours of Operation. Mobile food trucks may operate at any time
between the hours of 8:00 a.m. and 6:00 p.m. If the mobile food trucks
are located on private property during the property owner's business
hours, the mobile food truck may not occupy the required parking for
the principal's use. If the mobile food truck is occupying required
parking for the principal use, its operation must be during the principal
use's nonpeak hours of operation.
(N)
Mobile food trucks shall not be parked on grass or dirt areas.
(5)
Operation Requirements.
(A)
Each mobile food truck shall be equipped with a trash receptacle
of a size adequate to accommodate all trash and refuse generated by
such vending.
(B)
Each mobile food truck vendor shall pick up and deposit in the
trash receptacle on the vehicle any paper, cups, wrapper, litter,
or other refuse of any kind which were a part of the goods or merchandise
supplied from the vehicle and which have been left or abandoned within
25 feet of such vehicle on any public property other than in a trash
receptacle provided for such purposes. No operator of a mobile food
truck shall dispose of any trash or refuse in any such public or private
trash receptacle other than a trash receptacle owned, operated, or
otherwise provided by and under the control of such vendor.
(C)
No vending shall be permitted except after the vehicle has been
brought to a complete stop and parked adjacent to the curb in a lawful
manner.
(D)
Open flame cooking shall be prohibited on mobile food trucks.
(E)
No sales or service of alcohol or marijuana shall be allowed
by mobile food trucks.
(F)
The owner or operator of a mobile food truck shall not connect
the mobile food truck to a source of electricity, water, or sewer
where the mobile food truck is operated.
(G)
No minor under the age of 16 shall ride in or upon a mobile
food truck when such vehicle is engaged in or about to be engaged
in vending. The mobile food truck vendor or their designee must be
present at all times while operating, except in cases of an emergency.
(H)
Mobile food trucks are prohibited from selling to individuals
traveling within motor vehicles on a public street.
(Ord. O-2023-04, 11/21/2023)
Any person desiring to obtain a vendor's permit to engage
in the vending of goods or merchandise from a vehicle, or driving
of such vehicle, pursuant to this section shall make application to
the director of community development or designee. Such application
shall be accompanied by a nonrefundable application fee in such amount
as established by resolution of the city council. Any such permit
shall be required to be renewed annually and a separate nonrefundable
application fee paid yearly for such renewal application as established
by resolution of the city council. Each applicant for a vendor's
permit shall furnish the following information and documentation as
part of or in conjunction with such application:
(1)
The present or proposed address from which the business is to
be conducted and an address where the applicant consents to receive
service of process. An acceptable address for this purpose shall include
a post office box or private mailbox that complies with paragraph
(2) of subdivision (b) of Business and Professions Code Section 17538.5.
(2)
The full true name under which the business will be conducted.
(3)
The full true name and any other names used by the applicant.
(4)
The present residence address and telephone number of the applicant.
(5)
California driver's license number of the applicant.
(6)
Acceptable written proof that the applicant is at least 18 years
of age.
(7)
The applicant's height, weight, color of eyes and hair,
and date of birth.
(8)
A description of the goods or merchandise which the business
will vend and a schedule of the applicant's proposed hours of
operation, area/locations of operation.
(9)
The number of vehicles to be owned, operated, or controlled
by the applicant and the makes, body styles, years, serial and engine
numbers, state license plate numbers, and names and addresses of the
registered and/or legal owners of each vehicle, along with a photograph
of the vehicle(s).
(10)
A description of the logo, color scheme, insignia, and any other
distinguishing characteristics of applicant's vehicles.
(11)
The full true names and residence addresses of all persons employed
or intended to be employed or with whom the applicant has contracted
or intends to contract as drivers and/or vendors and the respective
capacities in which they will be employed, including the California
driver's license number of all persons who will be employed or
engaged as drivers of vehicles in conjunction with such business.
(12)
The business, occupation, or employment history of the applicant
from the three-year period immediately preceding the date of the application.
(13)
The permit history of the applicant, for the three-year period
immediately preceding the date of the filing of the application, including
whether such applicant, in previously operating in this or any other
city, county, state or territory, has ever had any similar license
or permit, or franchise revoked or suspended, and if so, the circumstances
of such suspension or revocation.
(14)
All criminal convictions, including pleas of guilty or nolo
contendere, suffered by the applicant, including ordinance violations,
and traffic offenses.
(15)
Such other identification and/or information as the director
of community development may require in order to discover the truth
of the matters required to be set forth in the application.
(16)
Evidence of commercial general liability insurance and an acknowledgement
that the vendor will maintain this insurance throughout the duration
of any vendor permit issued under this chapter. Such general liability
insurance shall provide or be endorsed to provide that the city and
its officers, officials, employees, agents, and volunteers shall be
additional insureds under such policies. This provision shall also
apply to any excess/umbrella liability policies. Vendor agrees to
oblige its insurance agent or broker and insurers to provide to the
city with a 30 day written notice of cancellation (except for nonpayment
for which a 10 day notice is required) or nonrenewal for each required
coverage.
(17)
An agreement by the vendor to defend, indemnity, release and
hold harmless the city, its city council, boards, commissions, officers
and employees from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind
and nature whatsoever which may arise from or in any manner relate
(directly or indirectly) to the permit or the vendor's sidewalk
vending activities. This indemnification shall include, but not be
limited to, damages awarded against the city, if any, costs of suit,
attorney's fees, and other expenses incurred in connection with
such claim, action, or proceeding whether incurred in connection with
such claim, action, or proceeding whether incurred by the permittee,
city, and/or the parties initiating or bringing such proceeding.
(18)
When any change occurs regarding the written information required
by this chapter, prior to issuance of a permit, the applicant shall
give written notification of such change to the director of community
development or designee within two weeks after such change.
(Ord. O-2023-04, 11/21/2023)
The city director of community development or designee shall refer all applications for vendor's permits made pursuant to this chapter to the police department for investigation and recommendation. The police department shall have a reasonable period of time within which to investigate the application and background of the applicant for a vendor's permit. The police department shall, within 30 days after the date of the filing of the application, render a written recommendation to the city business license department as to approval or denial of the application for the permit based upon the criteria set forth in Sections 13.50.040 and 13.50.050.
(Ord. O-2023-04, 11/21/2023)
The director of community development or designee within 10
days after receiving the aforementioned recommendation of the police
department shall grant the vendor's permit only if it finds that
all of the following requirements have been met:
(1)
The required fees have been paid.
(2)
The application conforms in all respects to the provisions of
this chapter.
(3)
The applicant has not made a material misrepresentation of fact
in the application.
(4)
The applicant has not had a similar permit denied or revoked
by the city within a period of one year prior to the date of such
application.
(5)
The applicant if an individual; or any of the directors, officers
or stockholders holding more than five percent of the stock of the
corporation; or any of the partners, including limited partners, or
profit interest holder, manager or other person principally in charge
of the operation of the existing or proposed business of vending from
a vehicle or a natural person employed or contracted with to be a
driver or vendor has not been convicted or pleaded nolo contendere
or guilty within five years prior to his or her application for a
permit to a misdemeanor or felony crime of moral turpitude or drug-related
misdemeanor or felony crime, including, but not limited to: the sale
of a controlled substance specified in California Health and Safety
Code Sections 11054 through 11058; the sale, distribution or display
of harmful or obscene matter; indecent exposure; or in the case of
applications for a vendor's permit by a person who will be a
driver of a vehicle pursuant to this section, alcohol or drug-related
traffic offenses. The investigating city employee is specifically
authorized to obtain state summary criminal history record information
as provided for in California Penal Code Section 11105. Any complaint
for the above-listed charges pending before a court of law shall cause
the application to be considered pending until adjudication of the
complaint.
(Ord. O-2023-04, 11/21/2023)
If the director of community development or designee does not find that all of the requirements set forth in Sections 13.50.050, 13.50.060 and 13.50.070, as applicable have been met, the director of community development or designee, shall deny the application for the vendor's permit. In the event the application for the permit is denied by the director of community development, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been occurred on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit.
Any applicant whose application for a vendor's permit has
been denied by the director of community development may appeal such
denial to the hearing officer by filing a written notice of appeal
within 10 days following the date of service of the decision. The
letter/notice shall be accompanied by a processing fee as established
by city council resolution. The date of filing of said notice of appeal
shall be the date said notice is received by the city clerk.
No person or entity whose permit is finally denied shall be
eligible to apply for a new permit for a period of one year following
such final denial.
(Ord. O-2023-04, 11/21/2023)
Any vendor's permit may be revoked by the director of community
development or designee for good cause shown including, but not necessarily
limited to, any of the following reasons:
(1)
Falsification of any information supplied by the permittee upon
which issuance of the permit was based.
(2)
Failure of the permittee, or any employees or subcontractors
of the permittee, to comply with the regulations set forth in this
section.
(3)
Conviction of a violation, or a plea of guilty or nolo contendere,
by the permittee, or any employee, subcontractor or independent contractor
of the permittee, of any state law, county health department regulation
or municipal ordinance while in the course of conducting vending operation
from a vehicle pursuant to the permit.
(4)
Conviction of a violation, or pleas of guilty or nolo contendere,
by the permittee of any applicable provision or requirement of this
section.
(5)
No such revocation shall become effective until expiration of the appeal period specified in Section 13.50.100. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. Services shall be deemed made on the permit holder on the date personally delivered or on the date of mailing. A permit holder may appeal such revocation to the hearing officer by filing a written notice of appeal with the director of community development within 10 days following the date of service of such decision. The date of filing of said notice of appeal shall be the date said notice is received by the director of community development. If a timely appeal is filed, the revocation shall be stayed pending the decision of the hearing officer. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.
(6)
No person or entity whose permit is revoked shall be eligible
to apply for a new permit for a period of one year following such
revocation.
(Ord. O-2023-04, 11/21/2023)
Upon receipt of a timely appeal pursuant to Sections 13.50.080 and 13.50.090, the hearing officer, or designated representative, shall hear such appeal within 20 days following the date of such appeal and shall give the appellant not less than five days' advance notice of the date of such hearing. The decision of the hearing officer shall be based upon the same criteria as set forth in this chapter which are applicable to the issuance or revocation of such permit. The appellant shall be notified of the decision of the hearing officer by mailed, written notice. The decision of the hearing officer shall be final. No revocation of a permit pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the hearing officer's decision.
(Ord. O-2023-04, 11/21/2023)
The requirements of this chapter shall not apply to:
(1)
Any person delivering any goods or merchandise by vehicle where
such goods or merchandise has been ordered in advance for such delivery
from any business located at a permanent location and which goods
or merchandise is being delivered from such location to the customer
by vehicle, regardless of the point of sale thereof.
(2)
Any person engaged in the vending of goods or merchandise on
public property where such person has been authorized by the city
to engage in such activity by a permit, lease, real property license,
agreement or other entitlements issued by the city for such purpose.
(3)
A contractual or other private arrangement between a mobile
food truck and an individual or group that wishes to have food catered
to a specific location and which is not open to the public.
(Ord. O-2023-04, 11/21/2023)
All police officers and parking control officers are authorized
and empowered to remove or cause to be removed all vehicles parked,
caused to be parked, or left parked upon any street or public parking
lot or area contrary to the provisions of this chapter, or illegally
parked, and to store the vehicle, and the owner or operator of the
vehicle shall be liable for any reasonable towing and storage charges.
(Ord. O-2023-04, 11/21/2023)
(c)
The city shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the unlicensed person or vendor arrested or cited, in order to provide such rightful owner with an opportunity to retrieve the goods within 24 hours. Such rightful owner, as set forth in the declaration described in subsection (b) of this section, must present valid identification to the director of community services or designee before the city will release any seized goods. If the unlicensed person or vendor claims to be the rightful owner of the seized perishable goods, said person or vendor shall, as a condition precedent to retrieval of any perishable goods, present valid identification to the city's director of community services or designee, and shall sign the declaration described in subsection (b) of this section declaring him or herself to be the rightful owner of the same. In such case, the city shall provide said person or vendor the opportunity to either:
(1)
Contact, with one phone call, which one phone call shall be
in addition to any other phone calls permitted by law to an arrestee,
another individual to pick up the seized perishable goods, provided
that the goods must be picked up within 24 hours; or
(2)
Sign a release allowing the city to immediately discard or donate
such seized perishable goods.
(d)
Prior to releasing, disposing, or donating any perishable goods
seized pursuant to this section, the city shall inspect and take photographs
and any necessary samples of such goods to maintain as evidence.
(e)
The owner of any goods impounded or seized may request an impoundment
hearing before a hearing officer appointed by the development services
director or designee. If perishable food items are seized, the enforcement
officer may dispose of the perishable items immediately. By the end
of the next business day following impoundment, the owner of the cart
will be contacted at the telephone number given to the enforcement
officer at the time of the citation or arrest, and the non-perishable
items will be released to the owner upon proper proof of ownership,
presentation of a business tax certificate, and the payment of all
towing and administrative costs incurred as a result of the violation.
Any unclaimed items will be considered abandoned and forfeited to
the city 90 days after the city calls the owner to retrieve the impounded
items, and the city may destroy or otherwise dispose of the impounded
items pursuant to law.
(f)
Nothing contained in this section shall limit the ability of
the city to cite the rightful owner of such seized perishable goods
of this chapter.
(g)
The director of community services, or designee, may adopt reasonable
rules and regulations, not inconsistent with this chapter, in order
to implement this chapter.
(Ord. O-2023-04, 11/21/2023)
