"Commissary"
means a food facility that services mobile food facilities, compact mobile food operations, or vending machines where any of the following occur: (a) food, containers, or supplies are stored; (b) food is prepared or prepackaged for sale or service at other locations; (c) utensils are cleaned; (d) liquid and solid wastes are disposed, or potable water is obtained.
"Compact mobile food operation"
means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
"Director"
means the Director of the City's Community Development Department or designee.
"Mobile food facility"
means any vehicle or trailer used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.
"Mobile vending conveyance"
means any vehicle, trailer, cart, stand, wagon, or other motorized or nonmotorized conveyance used for vending food or non-food merchandise.
"Roaming mobile vendor"
means a mobile vendor who moves from place to place and stops only to complete a transaction.
"Stationary mobile vendor"
means a mobile vendor who vends from a fixed location on private property.
(Ord. 1730, 1/21/2025)
A. 
Mobile Vendor Permit. It is unlawful for any person to maintain, manage, or operate a mobile vending conveyance within the City unless such activity is maintained, managed, or operated in strict compliance with all applicable City, County, State, and Federal laws, rules, and regulations, including the possession of a Mobile Vendor Permit issued by the City.
1. 
Stationary mobile vendors on private property shall be subject to Section 17.84.250 of the City of Woodland Zoning Ordinance in addition to the provisions of this chapter.
2. 
Roaming motorized food facilities operating in the public right-of-way and other roaming mobile vendors operating on public property shall be subject to the provisions of this chapter.
3. 
Exemptions:
a. 
Temporary mobile vendors operating on a site with a permanent brewery, school, hospital, or similar site at the discretion of the Director and located on the site for greater than 30 minutes but no longer than four hours per day, as contracted with the business on site with written consent of the property owner or authorized official.
b. 
Vendors catering a private event located fully on private property that is not open to the general public.
c. 
The sale of agricultural products on the site where they are grown.
d. 
Sidewalk vendors shall be subject to separate requirements under Chapter 5.40.
e. 
Peddlers and solicitors shall be subject to separate requirements under Chapter 9.56.
f. 
Vendors operating in conjunction with a Temporary Use Permit or Special Event Permit shall be subject to separate requirements under Section 17.84.370 and Chapter 12.40.
B. 
All Mobile Vendor Permits are the property of the City and each shall authorize the operation of a single mobile vending conveyance.
(Ord. 1730, 1/21/2025)
A. 
To apply for a Mobile Vendor Permit, the vendor must file an application with Community Development Department, accompanied by a nonrefundable application fee. The application shall be in a form prescribed by the Director and shall contain, at a minimum the following:
1. 
The full legal name, business address, residential address, and telephone number of the mobile vendor.
2. 
Valid identification, such as a California driver's license, individual taxpayer identification number, Social Security number, or any other government-issued identification card.
3. 
The name and contact information of all persons that will be utilizing the conveyance for mobile vending.
4. 
The State vehicle license plate number and the vehicle identification number of the mobile vending conveyance, if applicable.
5. 
Written evidence that the applicant is an owner, lessee or holder of a similar interest in the conveyance to be used for mobile vending.
6. 
A copy of the valid Yolo County Environmental Health Department Permit for food vending, including the approved Commissary Agreement and Restroom Agreement, except when the mobile vending consists solely of 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked produce will be sold. If potentially hazardous food or cooked produce will be sold or the display area is greater than 25 square feet, the vendor must provide a copy of the Yolo County Environmental Health Department Permit issued to the vendor.
7. 
Proof of a valid City business license, or concurrent application for a City business license with the Mobile Vendor Permit application.
8. 
The name and contact information for the operator of the approved commissary as applicable to food vendors.
9. 
The address of the approved commissary as applicable for food vendors. The commissary shall be subject to Zoning Clearance if located in the City of Woodland.
10. 
A commissary service plan detailing the hours in which the mobile vendor will take their conveyance to the commissary to be serviced each day, as applicable to food vendors.
11. 
The proposed greywater disposal location.
12. 
The address where the mobile vending conveyance will be parked and stored when not in use.
13. 
A description of the vendor type. If vendors are proposing to operate as stationary vendors, the additional requirements of Section 17.84.250 apply. If a mobile vendor proposes to operate one vendor conveyance as stationary and roaming, or as a mobile vendor and a sidewalk vendor, they shall apply for a Mobile Vendor Permit with a description of all proposed methods of operation.
14. 
A business operation plan, including vending areas and hours of operation.
15. 
The type of food, goods, and/or merchandise the mobile vendor will vend.
16. 
Food vendors must provide a description of methods for ensuring adequate sanitation and waste management, such as dishwashing, handwashing, grease removal and liquid waste disposal, food storage and preparation, and potable water supply, as applicable.
17. 
A Certificate of General Liability Insurance for vendors operating in the public right-of-way or public property. Must be provided in a form acceptable to the City Attorney, to be kept in force during the term of the permit. The insurance must have a minimum of $100,000.00 coverage and include public liability and bodily insurance. The minimum coverage required may be increased if the operation includes open flame, high-risk potentially hazardous foods, or other risks at the discretion of the Director. The insurance policy must name the City of Woodland, its officials and employees, as additional insureds. The policy must be endorsed by the state that coverage may not be suspended, voided, cancelled, or reduced in coverage or limits without 30 days prior written notice to the City.
18. 
Proof of Worker's Compensation insurance, as applicable.
19. 
Proof of vehicle registration with the California Department of Motor Vehicles and proof of an automobile insurance policy, as applicable.
20. 
Proof of a California Department of Tax and Fee Administration Seller's Permit.
21. 
Any additional licenses from other State or local agencies to the extent required by law.
22. 
Any other reasonable information regarding the time, place, and manner of the proposed vending.
(Ord. 1730, 1/21/2025)
The Mobile Vendor Permit fee is hereby established and imposed. The City Council shall establish by resolution the amount of the Mobile Vendor Permit fee, and any related penalties.
(Ord. 1730, 1/21/2025)
Mobile Vendor Permits are not transferable, except as specified in Section 17.84.250. Permit holders shall notify the City within five days of sale, transfer of ownership, or closure of the mobile vending business or operation.
(Ord. 1730, 1/21/2025)
A. 
Except as provided in this section, a Mobile Vendor Permit shall be issued by the Director upon receipt of a complete application and payment of the permit fee, as specified in this chapter, and after the Director has:
1. 
Either based on the application and/or a physical inspection of the mobile vending conveyance and operation, the Director determines that the mobile vendor complies with this code and applicable State and County laws and regulations; and
2. 
Determined that the business location and vehicle storage location, if within the City, comply with applicable zoning regulations and other codes.
B. 
A Mobile Vendor Permit may be denied by the Director if the following findings are made:
1. 
The information submitted pursuant to Section 5.44.30 of this chapter is materially false or incomplete;
2. 
The application as proposed does not meet the requirements for mobile vendors, as specified in this chapter and Section 17.84.250, at the discretion of the Director;
3. 
Within 12 months of the date of application, the applicant, any registered owner of the vending conveyance, or any person with a financial interest in the business that operates the vending conveyance, has had his or her Mobile Vendor Permit revoked; or
4. 
A person with 10% or greater financial interest in the operation of the mobile vending business has been convicted of a crime, and the time for appeal has elapsed, irrespective of the entry of a subsequent order under Penal Code Section 1203.4; or has committed any act involving dishonesty, fraud, deceit, or moral turpitude with intent to substantially benefit him or herself, or another, or substantially injure another, or having the effect of substantially injuring another.
Provided, however, that the permit shall be denied upon any of the grounds specified in this subsection (B)(4) only if the Director finds that the crime or act is substantially related to the qualifications, functions or duties of a sidewalk vendor owner or owner of a business which operates vending vehicles or has substantial contact with minors. However, no person shall be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under Penal Code Section 4852.01 et seq., or that he or she has been convicted of a misdemeanor if he or she has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering a petition under Penal Code Section 4852.01 et seq.
(Ord. 1730, 1/21/2025)
A. 
All Mobile Vendor Permits shall expire one year from their date of issuance. The corresponding City business license shall coincide and expire concurrently with the Mobile Vendor Permit. Applications for renewal shall be filed between 90 days and 30 days before their date of expiration.
B. 
If a timely and complete application for renewal is filed, the permit's expiration shall be stayed until a decision on the renewal application is issued. The Director shall either approve or deny the renewal of the permit within 30 calendar days of receipt of the complete application. The Community Development Director may extend the time for consideration of the application for up to an additional 30 calendar days upon written notice to the applicant. The failure of the Community Development Director to timely act shall constitute approval of the renewal of the permit.
C. 
Upon application for Mobile Vendor Permit renewal, an inspection of the mobile vending conveyance may be required at the discretion of the Director prior to renewal.
D. 
An inspection of the approved vending location, as applicable to stationary vendors as specified in Section 17.84.250 of the City of Woodland Zoning Ordinance, may be required at the discretion of the Director prior to renewal.
E. 
Applications for Mobile Vendor Permit renewal require the following:
1. 
Completed Mobile Vendor Permit Renewal Form.
2. 
Copy of current Yolo County Environmental Health permit, if applicable.
3. 
Verification of the vending location for stationary mobile vendors, as specified in Section 17.84.250.
F. 
Should a Mobile Vendor Permit expire, the vendor who was the permit holder shall be required to submit a new application for a Mobile Vendor Permit.
1. 
Stationary mobile vendors subject to the 13-permit limit shall be placed on the permit availability list as specified in Section 17.84.250(F) of the City of Woodland Zoning Ordinance.
(Ord. 1730, 1/21/2025)
A. 
Mobile vending is prohibited on properties that are vacant, unimproved, or stand-alone parking lots. A mobile vending conveyance may only be stopped or parked on surfaces paved with concrete, asphalt, or another impervious surface.
B. 
Mobile vending conveyances shall not be located in any emergency fire lane, drive aisle, or any other location that may interfere with access by emergency services and vehicular traffic.
C. 
Mobile vending conveyances shall not obstruct walkways, sidewalks, or other pathways.
D. 
Mobile vending conveyances shall not be placed on, and mobile vendors shall not stand on, areas improved with flowers, shrubs, street trees, or other landscaping.
E. 
Mobile vendors are prohibited on sites developed as a gas station or other vehicle service station.
F. 
Vending Prohibited Near Farmers' Markets. Mobile vendors are prohibited within 600 feet of a permitted certified farmers' market during the limited operating hours of that certified farmers' market.
G. 
Vending Prohibited Near Swap Meets. Mobile vendors are prohibited within 600 feet of a permitted swap meet during the limited operating hours of that swap meet.
H. 
Vending Prohibited Near Temporary Special Events. Mobile vendors are prohibited within 600 feet of an area designed for a temporary special event for the limited duration of the Special Event Permit, as issued pursuant to Chapter 12.40 of the City of Woodland Municipal Code.
I. 
Mobile vendors must be located at least 300 feet apart.
J. 
Mobile vendors must be located at least 200 feet from existing brick-and-mortar restaurants, unless the mobile vendor is affiliated with the restaurant.
K. 
No mobile vendor shall vend in any of the following locations:
1. 
Within 100 feet of:
a. 
A police officer, firefighter, lifeguard, or emergency service personnel actively performing their duties or providing service to the public;
b. 
A freeway on-ramp or freeway off-ramp.
2. 
Within 25 feet of:
a. 
Any traffic intersection;
b. 
Any driveway, entrance to a parking lot, or alley approach;
c. 
A street corner, marked crosswalk, or curb return of any unmarked crosswalk;
d. 
A traffic signal, traffic signal controller, or emergency facility;
e. 
A fire hydrant or fire call box;
f. 
A curb painted white, yellow, green, blue, red, or signed for no parking;
g. 
A bus stop, bus shelter, or bus bench;
h. 
The entrance, exit, or emergency exit to a building, structure, or facility.
3. 
Within 15 feet of:
a. 
An automated teller machine.
L. 
Mobile Vending Conveyance Storage.
1. 
Mobile vending conveyances must be stored at the approved commissary, as applicable for food vendors. If the mobile vendor is not a food vendor or the commissary does not have parking capacity, the following storage locations may be considered, subject to approval by the Director:
a. 
Up to two compact mobile food operations or other nonmotorized vending conveyances may be stored on a residential property if stored behind a fence line, inside a garage, or otherwise not visible from the public right-of-way. No other nuisance, odor, or noise shall be caused by the storage of a vending conveyance. A clear description of the storage location and proof of inspection and approval by the Yolo County Environmental Health Department must be provided with the Mobile Vendor Permit application for each conveyance.
b. 
Mobile food facilities or other motorized vending facilities may be stored in commercial and industrial areas if screened or otherwise not visible from the public right-of-way, as approved by the Director.
(Ord. 1730, 1/21/2025)
A. 
A copy of the Mobile Vendor Permit and the required permit from the Yolo County Health Department, as applicable for food vendors, shall be always posted in a location that is clearly visible to patrons of the vendor and City staff.
B. 
Mobile vendors shall return to the approved commissary at least once daily to dispose of waste, clean, and service the facility, as applicable to food vendors. The mobile vendor may be required to keep a visit log recording the date and time of each visit may be required to be kept at the approved commissary, at the request of the Director.
C. 
Mobile vending conveyances shall park at the storage location approved by the City and Yolo County Environmental Health Department when not operating.
D. 
Mobile vendors and mobile vending conveyances shall not permanently alter the character or physical facilities of the property where they occur.
E. 
Mobile vending must be accessory to a primary use on any site.
F. 
Roaming mobile vendors shall not be stopped in one location or on one property for over 30 minutes. Motorized mobile vending conveyances operating in the public right-of-way must move continuously, stopping only to complete transactions with customers.
G. 
Roaming mobile vending conveyances must be legally parked when temporarily stopped to complete a transaction with customers.
H. 
If a mobile vendor is located in a parking lot, the minimum number of on-site parking spaces pursuant to Section 17.68.030 must be available, unless otherwise approved by the Director.
I. 
Mobile vendors shall not have any site furniture, including chairs, tables, shade structures, or other structures outside of the mobile vending conveyance, unless otherwise approved by the Director.
J. 
Mobile vendors must keep the vending area clean of litter or debris. Prior to leaving any vending location, the mobile vendor shall pick up, remove, and dispose of any trash or refuse generated by the vending operation or the vendor's customers within a 15-foot radius of the vending location.
K. 
Mobile vendors shall provide trash receptacles for customer use on the site. Trash receptacles shall be emptied and removed prior to the closure of the mobile vending conveyance.
L. 
Vendors shall immediately clean up any food, grease, or other fluid or item related to vending activities that falls outside of the vending conveyance. Any waste and wastewater must be disposed of at the approved commissary.
M. 
All food, goods, and merchandise must be stored inside or affixed to the mobile vending conveyance or carried by the vendor.
N. 
No vendor shall outcry, ring bells, play chimes, play an amplified music system, or make any other noise prohibited in Section 9.28.090.
O. 
Mobile vending conveyances must be fully self-contained, and may not attach or use water lines, electrical lines, or gas lines.
P. 
Mobile vendors may not use any electrical outlet owned by the City or any other person. Power cords or extension cords across the sidewalk, any public right-of-way, parking lot, or pathway are prohibited.
Q. 
Operations shall only be conducted from a vehicle or conveyance consistent with State law and Yolo County Health Department approvals. Mobile vendors shall not directly vend food, goods, or merchandise from a car or personal vehicle that does not have the primary purpose of vending.
R. 
Mobile vendors shall not vend to any person traveling in a motor vehicle along a public roadway.
S. 
Vendors must organize customer queuing in a manner that does not interfere with pedestrian safety or the flow of traffic.
T. 
The vendor shall not utilize any equipment or methods that constitute a fire hazard, as determined by the Fire Marshal.
U. 
Prohibited Sales. Mobile vendors shall not sell or offer any of the following:
1. 
Alcohol, cannabis, tobacco, or pharmaceutical products, products that contain nicotine, any product or device used to smoke/vape nicotine or cannabis;
2. 
Fireworks;
3. 
Adult-oriented materials;
4. 
Any weapons, including knives, guns, explosive devices, or BB devices or imitation firearms;
5. 
Live animals, wildlife, fish, fowl, or insects;
6. 
Any type of rental activity, including the rental of any goods and services; and
7. 
Automobile and vehicle services except car washing and windshield repair conducted in compliance with applicable stormwater control requirements.
(Ord. 1730, 1/21/2025)
A. 
The City hereby declares that mobile vending conveyances that are not in compliance with the provisions of this section or Section 17.84.250 are a detriment to the public health, safety, and general welfare and are a public nuisance as defined in Chapter 9.04 (Nuisances) of the City of Woodland Municipal Code. In addition to any other remedy allowed by law or penalties described in this section, any person who violate a provision of this chapter is subject to administrative citation pursuant to Chapter 9.20.
B. 
A violation of this chapter and/or Section 17.84.250 by a mobile vendor that has a valid Mobile Vendor Permit from the City is punishable by the following:
1. 
A code violation notice upon first violation.
2. 
A fine of $250.00 for a second violation or any subsequent violation.
3. 
Permit suspension or revocation subject to an administrative hearing held by the Community Development Director for the third or any subsequent violation.
C. 
A person engaged in mobile vending without a Mobile Vendor Permit is punishable by an administrative fine in the following amounts:
1. 
An administrative fine of $500.00 for the first violation and any subsequent violation.
D. 
Should a mobile vendor without a Mobile Vendor Permit be operating on private property within the City of Woodland, the property owner is punishable by an administrative fine in the following amounts:
1. 
An administrative fine of $250.00 for the first violation and any subsequent violation.
E. 
No Mobile Vendor Permit shall be suspended or revoked until a hearing is held by the Director. Written notice of the hearing shall be sent to the permitholder. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the persons to be notified, or by depositing the notice in the U.S. mail in a sealed envelope, postage prepaid, addressed to the persons to be notified at the address appearing in the Mobile Vendor Permit. An additional notice shall be sent to the permitholder following the final determination.
F. 
Upon the Director's suspension or revocation of any permit pursuant to this section, the permit shall be null and void.
(Ord. 1730, 1/21/2025)
A. 
Any applicant or permittee aggrieved by a decision of the Community Development Director in denying, suspending, modifying or revoking a permit, or imposing conditions on the issuance of a permit or permit renewal, may appeal the decision to the City Council in accordance with the procedures set forth in this section.
B. 
Any applicant or permittee who desires to appeal a decision of the Community Development Director, may appeal the decision by submitting a written appeal to the City Clerk within 10 calendar days from the date of service of the notice of denial, suspension, modification, revocation, or conditioned approval or renewal. The written appeal shall contain:
1. 
A brief statement in ordinary and concise language of the specific decision or condition protested, together with any material facts claimed to support the contentions of the appellant;
2. 
A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;
3. 
The signatures of all parties named as appellants and their official mailing addresses; and
4. 
The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
C. 
Upon receipt of a timely filed appeal, the City Clerk shall cause the matter to be sent for hearing before the City Council within 30 calendar days from the date of receipt of the notice of appeal, giving the appellant not less than 10 calendar days' notice in writing of the time and place for hearing.
D. 
Failure of any person to timely file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and decision, or any portion thereof.
E. 
Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.
F. 
The mobile vendor shall cease operations during the pendency of any appeal.
G. 
The provisions of the Administrative Procedure Act (commencing with Section 11500 of the Government Code of the State) shall not be applicable to such a hearing, nor shall formal rules of evidence in civil or criminal justice proceedings be so applicable.
H. 
The City Council shall by resolution from time to time establish a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.
(Ord. 1730, 1/21/2025)
A. 
At the time set for hearing, the City Council shall proceed to hear the testimony of the Community Development Director, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically raised by the appellant in the notice of appeal.
B. 
The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.
C. 
The City Council may, upon request of the appellant or upon request of the City, grant continuances from time to time for good cause shown, or upon his or her own motion.
D. 
Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
E. 
Oral evidence shall be taken only upon oath or affirmation.
F. 
Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.
G. 
The City Council has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
H. 
Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration.
I. 
Each party shall have these rights, among others:
1. 
To call and examine witnesses on any matter relevant to the issues of the hearing;
2. 
To introduce documentary and physical evidence;
3. 
To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
4. 
To impeach any witness regardless of which party first called the witness to testify;
5. 
To rebut the evidence presented against the party; and
6. 
To represent him, her, or itself or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.
J. 
In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this State or that may appear in any of the official records of the City or any of its departments.
(Ord. 1730, 1/21/2025)
A. 
If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the City Council shall affirm the Community Development Director's decision to deny, suspend, modify, revoke or condition the permit.
B. 
The City Council's determination of the appeal shall be final.
C. 
The final decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be delivered to the appellant personally or sent by certified mail to the address shown on the appeal within 10 business days following the conclusion of the hearing.
(Ord. 1730, 1/21/2025)