The city council of the City of Costa Mesa finds that commercial vending vehicles pose traffic hazards, public health hazards and impact the safety of residents within the City of Costa Mesa. The intent of this chapter is to provide clear and concise regulations to ensure public safety and prevent traffic and health hazards. This chapter is also intended to preserve the peace and welfare of the residents of the City of Costa Mesa.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
For the purposes of this chapter:
Chief of police
shall mean the police chief or their designee.
City attorney
shall mean the city attorney or their designee.
City planning commission
shall mean the planning commission.
City treasurer
shall mean the city treasurer or their designee.
Commercial vending vehicle
shall mean any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales of fruits, vegetables or produce or non-food sundries, including but not limited to goods, wares or merchandise, and/or prepared, prepackaged, unprepared, unpackaged food of any kind or any goods, wares or merchandise on any public street, alley or highway or private street or alley within the City of Costa Mesa. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries. A human powered device is not a commercial vending vehicle.
Director of development services
shall mean the director of development services or their designee.
Goods or merchandise
includes items and products of every kind and description, including all foods, produce and beverage items.
Human powered device
shall mean any device moved by human power, including but not necessarily limited to any pushcart, wagon, bicycle as defined in section 10-4(a), tricycle, grocery cart, or other wheeled container or conveyance.
Mobile vendor
shall mean any person as defined in this chapter who:
(1) 
Owns, controls, manages and/or leases a commercial vending vehicle; and/or
(2) 
Contracts with a person(s) to drive, operate, prepare foods and/or vend from a commercial vending vehicle.
Operator
as used in this chapter, shall mean any and all person(s) who drive, operate, prepare foods and/or vend from a commercial vending vehicle.
Person
shall mean any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
Public property
shall mean any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City of Costa Mesa other than a street, alley, parkway or sidewalk.
Restocking
shall mean any transfer of goods or merchandise to a commercial vending vehicle from any other person or vehicle and includes, but is not limited to loading and delivery.
Risk manager
shall mean the city's risk manager or their designee.
Vehicle
shall mean a device as defined in the California Vehicle Code and shall not include any human powered device.
Vend or vending
as used in this chapter means soliciting, displaying, or offering, moving or standing of a commercial vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of produce, fruits, vegetables, prepared or unprepared food, repackaged or unpackaged food or non-food sundries of any kind or any goods, wares, or merchandise for sale or barter or exchange from a vehicle on a public or private street, alley, highway or public place within the city.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
No person shall own, control, manage, lease or contract with other persons for the operation of a commercial vending vehicle in the city without the appropriate valid permit issued pursuant to the provisions of this chapter in addition to any other license or permit required by the city.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
(a) 
Any person desiring to obtain an operator's permit to engage in the vending of goods or merchandise from a commercial vending vehicle, or the driving of such vehicle, pursuant to this chapter shall make application to the city treasurer or their 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. Each applicant for an operator'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, including the location of restocking and overnight parking of the commercial vending vehicle;
(2) 
The full and true name under which the business will be conducted and description of items to be offered for sale;
(3) 
The full and 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. The number of vehicles to be owned, operated, or controlled by the applicant and the makes, body styles, years, serial and engine numbers, license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle;
(7) 
The applicant's height, weight, color of eyes and hair;
(8) 
A description of the logo, color scheme, insignia, and any other distinguishing characteristics of the applicant's vehicles.
(9) 
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 city, has ever had any similar license or permit revoked or suspended or has been convicted of a violation of this chapter and, if so, the circumstances of such suspension, revocation or conviction;
(10) 
Written proof in a form satisfactory to the city attorney or risk manager that the applicant is insured under the policy of insurance required for such business pursuant to section 10-371 of this chapter;
(11) 
Such other identification and/or information as the city treasurer or chief of police or their designee may require in order to discover the truth of the matters required to be set forth in the application.
(b) 
When any charge occurs regarding the written information required in this chapter, the applicant shall give written notification of such change to the city treasurer within 15 days after such change.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
Each operator shall possess and at all times display in conspicuous view upon the left corner of the front windshield of each such commercial vending vehicle a City of Costa Mesa business license, issued pursuant to Title 9 of this Code, and an operator's permit issued pursuant to this chapter.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
The city treasurer shall grant the operator's permit within 10 days after receiving the completed application only if they find that all of the following requirements have been met:
(a) 
The required fees have been paid;
(b) 
The application conforms in all respects to the provisions of this chapter;
(c) 
The applicant has not made a material misrepresentation of fact in the application;
(d) 
The applicant has not had a similar permit denied or revoked by the city within one year prior to the date of such application; and
(e) 
The applicant does not have any outstanding debt owing to the city and has obtained a valid city business license.
(f) 
Where applicable, the applicant has obtained a valid Orange County Health Department permit as required for food handlers pursuant to Title 8 of this Code and California Health and Safety Code.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
(a) 
If the city treasurer finds that not all of the requirements set forth in section 10-363 as applicable have been met, they shall deny the application for the operator's permit. In the event the application for the permit is denied by the city treasurer, written notice of such denial shall be given to the applicant specifying the ground(s) of such denial. Notice of denial of the application for the permit shall be deemed to have been served 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 their residence address as set forth in the application or permit.
(b) 
Any applicant whose application for a operator's permit has been denied by the city treasurer may appeal such denial to the planning commission by filing a written notice of appeal with the city treasurer within seven days following the date of service of the decision and payment of the appeal fee prescribed by resolution of the city council. The date of filing of said notice of appeal shall be the date said notice and appeal fee are received by the city treasurer.
(c) 
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 denial.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
(a) 
Any operator's permit may be revoked by the city treasurer 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 chapter.
(3) 
Conviction of a violation, or plea of guilty or nolo contendere, by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or municipal ordinance while in the course of conducting vending operations from a vehicle pursuant to the permit.
(4) 
Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee of any applicable provision or requirement of this chapter.
(b) 
No revocation shall become effective until expiration of the appeal period. 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. Service 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 planning commission by filing a written notice of appeal with the city treasurer within seven days following the date of service of such decision and payment of the appeal fee as prescribed by resolution of the city council. The date of filing of said notice of appeal shall be the date said notice and appeal fee are received by the city treasurer. If a timely appeal is filed, the revocation shall be stayed pending the decision of the planning commission. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period; and
(c) 
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. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
Upon receipt of a timely appeal by the planning commission, or its secretary, the commission shall hear such appeal within 30 days following the date of such appeal and shall give the appellant not fewer than five days' advance notice of the date of such hearing. The decision of the planning commission 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 planning commission by mailed, written notice. The decision of the planning commission shall be final and subject to California Code of Civil Procedure section 1094.6. No revocation of a permit pursuant to this chapter shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the planning commission decision; provided, however, that no permit holder shall operate during any period of time in which the insurance coverage required by this chapter is not in full force and effect.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
The director of development services, director of finance and the chief of police have the authority to enforce the provisions of this chapter. In addition to other remedies, vehicles found in violation of this chapter may be cited and removed in accordance with section 10-69.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
A person wishing to conduct a vending business at any special event shall apply to the city for a temporary vending permit. Application for such a permit must be made at least 30 days prior to the beginning of the event. Applicants must meet the same application requirements as other operators of commercial vending vehicles. The permit is valid only for the duration of the special event. A person granted a temporary permit is subject to the same operating regulations as other operators, except where otherwise specified.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
(a) 
All commercial vending vehicles shall be equipped with refuse receptacles large enough to contain all refuse generated by the operation of such vehicle consistent with California Health and Safety Code; and
(b) 
The operator of the commercial vending vehicle shall pick up all refuse generated by such operation within a 50-foot radius of the vehicle before such vehicle is moved. All refuse shall be disposed of at an approved solid waste facility.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
(a) 
No vehicle or stand used for vending shall remain on public property during non-operating hours. Overnight parking of commercial vending vehicles on a public street or alley is prohibited as set forth in section 10-186; and
(b) 
No vending shall be permitted by any operator or conducted by any vendor on a residential street except between the hours of 9:00 a.m. and 5:00 p.m.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 01-25, § 1, 10-01-01; Ord. No. 2024-09, 7/16/2024)
All operations conducting business pursuant to this chapter shall have liability insurance covering the vehicle in accordance with the laws of the State of California.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
(a) 
There shall be displayed in a conspicuous place on both the right and left side of the commercial vending vehicle permanently affixed lettering showing the name of the company or operator of the commercial vending vehicle and the business address and telephone number thereof. The lettering for the name of the company or the operator of the commercial vending vehicle shall not be less than four inches in height, shall be in contrast to the color of the background upon which they are placed, and shall have strokes at least three-eighths (3/8) inches wide. The lettering for the operator's business address and telephone number (as listed on the permit) shall not be less than one inch high;
(b) 
No other lettering, numbering, price lists, signs or insignia shall be displayed on the right or left side of the commercial vending vehicle so as to interfere with the visibility of the lettering required in subsection (a); and
(c) 
Each commercial vending vehicle shall also possess and display a valid Orange County Health inspection sticker affixed to the lower portion of the windshield if the operator is causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit is required.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
No bell, horn, music or other amplified or non-amplified sound-making device may be used to advertise, draw attention to, or announce the presence of any commercial vending vehicle. This section shall not prohibit use of vehicle horns required by the California Vehicle Code, provided that use of such horns shall be limited to the purposes specified in said code.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
(a) 
No person shall vend from a commercial vending vehicle which is stopped, parked or standing on any public street, alley or highway in any of the following situations:
(1) 
Within 500 feet of any active public school property, park, playground or recreational facility;
(2) 
Within 300 feet of any other commercial vending vehicle which is engaged in the operation of vending;
(3) 
Within 100 feet of an intersection, including public alleys;
(4) 
When the posted speed limit on the public street, alley or highway is greater than 35 miles per hour;
(5) 
When the commercial vending vehicle is parked in violation of any other provision of this Code or the California Vehicle Code;
(6) 
When the commercial vending vehicle is not duly registered and licensed by the State of California or exceeds an unladen weight of 6,000 pounds;
(7) 
When any part of the commercial vending vehicle is open to prospective customers other than on the side of the vehicle next to the right side of the street or highway;
(8) 
When the commercial vending vehicle is not legally stopped, parked or standing on the right side of the street or highway;
(9) 
When the prospective customer is standing or sitting in another vehicle.
(10) 
When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic; and
(11) 
When the commercial vending vehicle is on or within any parkway, alley, sidewalk, driveway, a no "parking" area as defined by this Code or other public property that is not a street or highway.
(b) 
Restocking of a commercial vending vehicle is prohibited on a public street or alley as set forth in this title;
(c) 
No commercial vending vehicle shall attach or receive any utilities from private or public property;
(d) 
Operators of commercial vending vehicles shall not conduct the business of vending in any location for a period in excess of 10 minutes and said vehicle must be moved a distance of not less than 100 feet between each successive location at which vending occurs;
(e) 
No additional lighting other than that required by the California Vehicle Code and Health and Safety Code may be installed or operated on a commercial vending vehicle; and
(f) 
All commercial vending vehicles are prohibited from operating on private property except, with the permission of the property owner or their agent, commercial vending vehicles shall be permitted to provide meals/snacks for employees at private property locations (such as construction sites) for a period of 30 minutes or less (such as construction sites).
(Ord. No. 2024-09, 7/16/2024; Ord. No. 2024-09, 7/16/2024)
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. All such persons and businesses shall have 30 days from said effective date to file a completed application for an operator's permit with the city.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
Any commercial vending vehicle operated contrary to the provisions of this chapter shall be hereby declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided in this Code, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating a commercial vending vehicle contrary to the provisions of this chapter.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
Every violation of the provisions of this chapter shall be deemed to be a misdemeanor punishable pursuant to section 1-33 of this Code. Each and every day of any violation of any provisions of this chapter shall constitute a separate and distinct offense.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)
The requirements of this chapter shall not apply to:
(a) 
Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location regardless of the point of sale thereof; and
(b) 
Any person engaged in the vending of goods or merchandise on public property where such persons have 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.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)