For purposes of this chapter, the following words shall have the meaning ascribed below:
"Animated sign"
means any sign that uses movement or change of lighting to depict action or create a special effect or scene. Includes flashing, revolving signs, etc.
"Applicant"
means any person applying for a commercial vending vehicle permit from the City.
"City"
means City of Lake Forest.
"Commercial vending vehicle"
means a "vehicle," as defined in the California Vehicle Code equipped and used for retail sales, mobile food vending, or offering of prepared, prepackaged, or unprepared food operating at one or more locations within the City. This definition shall include trailers or wagons pulled by a Vehicle and used as described herein.
"Food truck"
means a type of commercial vending vehicle that is used for mobile food vending.
"Mobile food vending"
as used in this chapter shall mean offering and/or preparing food, beverage, merchandise, or related product of any kind for sale or distribution from a food truck on any street, alley, highway, public place, or private property.
"Operator"
means any person who owns, controls, manages, leases, drives, and/or operates a food truck or commercial vending vehicle for the purpose of mobile food vending.
"Person"
means any natural person, firm, partnership, association, corporation, stockholder, including, but not limited to, owners, operators, lessors, and lessees of commercial vending vehicles and vehicles used for mobile food vending.
"Residential street,"
as used in this chapter, shall mean a street containing residential property on one or more sides of the street.
"Vendor,"
as used in this chapter, means any person operating a food truck or commercial vending vehicle.
(Ord. 374, 2/4/2025)
It shall be unlawful to engage in any operation of mobile food vending within the City without first obtaining all applicable permits from the County of Orange. All operators shall have displayed in a conspicuous place on the food truck a current valid permit issued by the County.
(Ord. 374, 2/4/2025)
A. 
It shall be unlawful to engage in any operation of commercial vehicle vending within the City without a valid commercial vending vehicle permit issued by the City Public Works Department, subject to the following conditions:
1. 
All vendors shall have displayed in a conspicuous place on the commercial vending vehicle a current valid commercial vending vehicle permit issued by the City.
2. 
The term of a commercial vending vehicle permit, unless sooner suspended or revoked, shall be for a period of one year from the date of issuance.
3. 
A commercial vending vehicle permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.
4. 
Within 30 days of expiration of the commercial vending vehicle permit, the operator may renew the permit for an additional one-year term by submitting a new application in conformance with this chapter and Title 5 of the Municipal Code and paying all associated fees. Failure to timely renew is grounds for denial of renewal.
B. 
No commercial vending vehicle permit shall be required for a commercial vending vehicle operating in conjunction with an event authorized by a special event permit, temporary outdoor promotion permit, or other permitted event.
(Ord. 374, 2/4/2025)
A. 
All applications for a commercial vending vehicle permit shall require the following information:
1. 
The name under which the business will be conducted;
2. 
The legal name and any other names used by the applicant;
3. 
The present residence and business address, telephone numbers, and email address of the applicant;
4. 
The nature of the type of business to be performed. This includes, but is not limited to, the type of vehicle(s), vending, and the general description of the type of food, beverage, merchandise, or related products to be sold;
5. 
The makes, body styles, years, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle;
6. 
A copy of the current valid California registration for the vehicle to be used;
7. 
A photograph, copy, or description of the logo, color scheme, insignia, and any other distinguishing characteristics of the applicant's vehicle;
8. 
A copy of the applicant's California driver's license and individual taxpayer identification number issued to the applicant;
9. 
The legal names, addresses and telephone numbers of all persons employed or intended to be employed, or with whom the applicant has contracted, leased or intends to contract with as driver and operator of the applicant's vehicle(s);
10. 
A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the applicant;
11. 
A copy of the Orange County Health Department permit issued to the vendor for mobile food vending;
12. 
Identification of each jurisdiction in California the applicant currently operates and has previously operated a commercial vending vehicle for the last three years. If the applicant has ever had any similar license or permit revoked or suspended in the last three years, the applicant must disclose the circumstances of such suspension or revocation;
13. 
Copies of policies of commercial general liability and automobile liability insurance, in an amount determined by the Public Works Director, but in no event less than $1,000,000 per occurrence, naming the City and its officials, officers, employees, agents, and volunteers as an additional insured and a certification that applicant shall maintain such coverage for the term of the permit. Applicant is required to maintain such coverage for the term of the permit;
14. 
An agreement by the vendor to indemnify, defend (at the vendor's sole cost and expense), and hold the City of Lake Forest, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance or failure to issue a commercial vehicle vending permit, the City's decision to approve or its refusal to approve the commercial vehicle vending permit, the operation of the commercial vehicle vending use and activity, and the process used by the City in making its decision. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding;
15. 
An acknowledgement that use of public property is at the vendor's own risk, and the City does not take any steps to ensure public property is safe or conducive to vending operations;
16. 
Such other identification and/or information as the City Public Works Department, in coordination with the City Attorney and Sheriff, may require in order to discover the truth of the matters required to be set forth in the application; and
17. 
A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.
B. 
When any change in the business occurs regarding the written information required by this section prior to or after issuance of a permit, the applicant shall give written notification of such change to the Public Works Department within two weeks after such change.
C. 
Prior to the issuance of a commercial vending vehicle permit, the applicant may be required to file with a designee of the City a LiveScan background check conducted by the California Department of Justice within the previous six months of the application date.
(Ord. 374, 2/4/2025; Ord. 385, 2/17/2026)
A. 
Upon acceptance of a properly completed and filed commercial vending vehicle permit application and receipt of an acceptable LiveScan report issued by the Department of Justice, the Public Works Director, or his or her designee, shall conduct a preliminary investigation to determine compliance with this chapter and shall make such determination within no more than 30 days of acceptance to approve or deny the application. The Public Works Director, or his or her designee, shall provide the applicant with written notice of his or her decision to the address indicated in the application.
B. 
Except as provided in this chapter, the Public Works Director or their designee, after investigation of the application shall approve or conditionally approve the commercial vending vehicle permit if the application conforms with all of the following findings:
1. 
Granting the application will not be detrimental or injurious to property or improvements, the public peace, health, safety, morals or welfare of the City or the inhabitants;
2. 
The application conforms in all respects to the provisions of this chapter;
3. 
All required fees have been paid in full; and
4. 
All necessary licenses and permits have been obtained.
C. 
If such commercial vending vehicle permit is granted, the Public Works Director or designee may impose such terms, conditions, and restrictions upon the operation and conduct of such business, not in conflict with any law, as it may deem necessary or expedient to protect the public peace, safety, morals, or welfare of the City and its inhabitants.
(Ord. 374, 2/4/2025)
A. 
If the Public Works Director or their designee finds that any of the requirements set forth in Section 5.18.050 have not been met, they shall deny the application for a commercial vending vehicle permit.
B. 
Additionally, the Public Works Director, or his or her designee, shall deny an application for a permit if he or she makes any of the following findings:
1. 
The applicant has made one or more material misstatements in the application for a permit.
2. 
The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter.
3. 
The applicant is required to register under the provisions of California Penal Code Section 290.
4. 
Within three years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three years of the date of the application.
5. 
It is determined that the applicant does not possess all Federal, State, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.
6. 
The applicant has had a commercial vending vehicle permit, sidewalk vending permit, or similar permit revoked within the past 12 months in the City or any other jurisdiction.
C. 
In the event the application is denied, written notice of such denial shall be given to the applicant specifying the basis for such denial.
D. 
Notice of denial shall be deemed to have been served if it is personally served to the applicant or when deposited in the United States mail with prepaid postage and addressed to the applicant at their address as set forth in the application.
E. 
Any person aggrieved by a decision of the Public Works Director to deny issuance of the commercial vending vehicle permit may appeal to a hearing officer pursuant to Section 5.18.080.
(Ord. 374, 2/4/2025)
A. 
Any commercial vending vehicle permit may be suspended or revoked by the Public Works Department for any of the following reasons:
1. 
Falsehood of any information supplied by the operator upon which issuance of the commercial vending vehicle permit was based;
2. 
Failure of the operator to notify the Public Works Director within two weeks of any change occurring subsequent to the issuance of the commercial vending vehicle permit in the information supplied by the operator upon which issuance of the commercial vending vehicle permit was based;
3. 
Failure of the operator, or of any employees, subcontractors, or independent contractors of the operator, to comply with the regulations set forth in this chapter; or
4. 
Violation by the operator, or any employee, subcontractor, or independent contractor of the operator of any Federal or State law or the Municipal Code while in the course of conducting commercial vehicle vending operations pursuant to the commercial vending vehicle permit.
B. 
No such suspension or revocation shall become effective until the operator has been notified, in writing, of the right to appeal the suspension or revocation. Notification of the operator shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the operator's residence address as set forth on the application for a commercial vending vehicle permit. If an appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of a hearing officer pursuant to Section 5.18.080. If an appeal is not filed, the suspension or revocation shall become effective after the timely appeal period has expired.
C. 
Any operator aggrieved by a decision of the Public Works Director to suspend or revoke the commercial vending vehicle permit may appeal to a hearing officer pursuant to Section 5.18.080.
No operator whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
(Ord. 374, 2/4/2025)
For the purpose of this section the term "City Manager" will mean the City Manager or their designee.
In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the Public Works Director made under the provisions of this chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the City Manager within 15 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application.
A. 
An appeal shall be taken by filing with the Public Works Director a written appeal statement setting forth the grounds for the appeal, along with the City's appeal fee, which shall be established by City Council resolution. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit. The Public Works Director shall transmit the written statement to the City Manager within 10 days of its filing and payment of the appeal fee, and the City Manager shall set a time and place shall be set for the hearing.
B. 
A hearing shall be set not later than 60 days from the date of filing of the applicant's written appeal statement with the City. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five days prior to the date set for the hearing. At the hearing, the permittee and the City shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The City Manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the City Manager. The City Manager may continue the hearing as deemed necessary. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned, unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.6.
C. 
In the event a timely action or proceeding is brought pursuant to Code of Civil Procedure Section 1094.6, the City Manager's decision shall be stayed automatically pending a final decision on the merits by the trial court. As used in this section, final decision on the merits does not include rehearing or appellate procedures.
(Ord. 374, 2/4/2025)
A. 
Generally. All commercial vending vehicles shall be located so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and so as to maintain a clear line of sight for vehicles, bicycles and pedestrians in the public right-of-way. No commercial vending vehicle shall be located or operated so as to obstruct access to or circulation through any parking lot, or to obstruct access to any public sidewalk or alley.
B. 
Private Property.
1. 
The locations where commercial vehicle vending can occur on private property shall be as determined through a site development permit filed by the property owner with the Director of Community Development in accordance with the processing requirements of Chapter 9.182. The outdoor vending area shall comply with the provisions of the Zoning Code.
2. 
Commercial vehicle vending on private property in violation of this subsection is prohibited.
C. 
Public Right-of-Way. Commercial vehicle vending in the public right-of-way is permitted only as set forth in this section.
1. 
For purposes of this section, distance shall be measured in a straight line from the location where the commercial vending vehicle is parked.
2. 
A commercial vending vehicle in operation shall be located as follows:
a. 
A minimum 250 feet from any house of worship, school (during its hours of operation), day care facility, public park, hospital, library, or governmental office or facility.
b. 
A minimum 50 feet from any other vehicle of a similar business which is engaged in the operation of commercial vehicle vending.
c. 
A minimum 10 feet from any driveway, or public or private building entrance, or in any space not designed for vehicular parking.
d. 
A minimum of 25 feet from any bus stop.
e. 
A minimum of 25 feet from any street intersection controlled by a traffic light, crosswalk, or stop sign.
f. 
The marked speed limit of the roadway is not higher than 35 miles per hour.
g. 
Overnight parking of commercial vending vehicles on a public street or alley is prohibited.
(Ord. 374, 2/4/2025)
It shall be unlawful to engage in commercial vehicle vending on any public street, alley, or highway unless all of the following are met:
A. 
Operators shall comply with all applicable provisions of this chapter.
B. 
Operators shall comply with all applicable local, State, and Federal laws.
C. 
It is unlawful to engage, or attempt to engage, in commercial vehicle vending until the vehicle has come to a complete stop and is lawfully parked.
D. 
Operators shall comply with all local parking and Vehicle Code provisions which apply to the location at which the commercial vending vehicle is parked.
E. 
The name of the business, the City, State, zip code, that the vehicle is registered to shall be posted on the vehicle where it is legible and clearly visible to customers. The letters for the name of the business shall be at least three inches high and shall be of a color contrasting with the surface on which it is posted. Letters and numbers for the City, State, and zip code, may not be less than one inch in height.
F. 
The part of the commercial vending vehicle from which the products are vended must be open to prospective customers on the side facing toward the adjacent sidewalk only.
G. 
It is unlawful to vend to persons within a vehicle or standing in any portion of the right of way open to motor vehicles.
H. 
Use of sound-amplifying equipment is prohibited.
I. 
Commercial vending vehicles may operate on residential streets Monday through Sunday between the hours of 7:00 a.m. and 7:00 p.m. On all other streets, commercial vending vehicles may operate Monday through Sunday between the hours of 6:00 a.m. and 10:00 p.m.
J. 
Commercial vending vehicles are strictly prohibited from obstructing emergency vehicle routes, fire call boxes, fire lanes, fire hydrants, or any other fire safety equipment and facilities.
K. 
Operators shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and State regulations.
L. 
The operator shall provide a trash receptacle for public use. The trash receptacle must be placed on the exterior of and within 10 feet of the commercial vending vehicle. The operator shall keep all areas within 25 feet of the commercial vending vehicle clean and free from litter, garbage, and debris. The operator shall ensure that all trash and waste collected from its operations is lawfully and properly disposed of.
M. 
Exterior storage of refuse, equipment, or materials associated with the commercial vending vehicle is prohibited.
N. 
No tables, chairs, furniture, or other seating provisions for customers shall be allowed.
O. 
It shall be unlawful to discharge any liquid (e.g., water, grease, oil, etc.), or any other item creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare onto or into City streets, storm drains, catch basins, sewer facilities, or other City property. All discharges shall be contained and properly disposed of by the operator.
P. 
Signs used in conjunction with a commercial vending vehicle shall be affixed to or painted on the vehicle. Signs in the public right-of-way, feather banners, signs above the roof of the vehicle, and animated signs are prohibited.
Q. 
Except as required by the California Vehicle Code, no additional lighting is permitted to be installed on a commercial vending vehicle except for temporary non-flashing lighting for customers. Such lighting must be affixed to the vehicle, directed solely toward the sidewalk, and must not illuminate neighboring properties.
R. 
No lighting or any other objects associated with a commercial vending vehicle shall be attached to any utility pole, street sign, or other structure.
S. 
No commercial vending vehicle shall attach or receive any utilities from private or public property.
T. 
The serving or consumption of alcohol shall be prohibited.
U. 
It shall be unlawful for a food truck to remain parked and conducting business in one location longer than one hour, unless the food truck is situated within 200 feet travel distance of a legally approved and permitted toilet and handwashing facility, to ensure that restroom facilities are available to the operator and its employees and contractors. The operator must have written permission of the property owner to use the toilet and handwashing facility. A food truck may not stand or park in one spot in the public right-of-way for more than two hours.
V. 
The operator shall maintain insurance as required by this chapter.
(Ord. 374, 2/4/2025)
Violation of any provision of this chapter is subject to enforcement pursuant to the provisions of Chapter 1.01 of this Municipal Code.
(Ord. 374, 2/4/2025)