Chapter 7.28
MOBILE FOOD FACILITIES

Sections:

7.28.010    Purpose.

7.28.020    Definitions.

7.28.030    Adoption of State of California Health and Safety Code, Sections 114250 through 114282 and 114285 through 114299.5, et seq.

7.28.040    Permits to engage in the distribution and sale of food and beverages from mobile food facilities.

7.28.010 Purpose.

The intent of this chapter is to protect the health of the residents of the community through the regulation of mobile food facilities consistent with applicable sections of the State of California Health and Safety Code and the zoning ordinance of the city of Dinuba. (Ord. 2005-1 § 1 (part), 2005)

7.28.020 Definitions.

“Mobile food facilities” means any mobile or portable vehicle or device used for the preparation or distribution of food and beverages covered under the State of California Health and Safety Code, Sections 114250 through 114282 and 114285 though 114299.5, et seq.

“Zoning ordinance” means the City of Dinuba Municipal Code, Title 17. (Ord. 2005-1 § 1 (part), 2005)

7.28.030 Adoption of State of California Health and Safety Code, Sections 114250 through 114282 and 114285 through 114299.5, et seq.

The city of Dinuba hereby adopts the State of California Health and Safety Code, Sections 114250 through 114282 and 114285 through 114299.5, et seq., and empowers city inspectors and officers to enforce the applicable sections of this code. (Ord. 2005-1 § 1 (part), 2005)

7.28.040 Permits to engage in the distribution and sale of food and beverages from mobile food facilities.

A.    All mobile food facilities shall be permitted by the city of Dinuba. Operation of mobile food facilities shall be required to obtain a city of Dinuba business license prior to operation. The application process is as follows:

1.    Application is made at the development services department office by the applicant.

2.    The application will be circulated among the reviewing city departments to ensure that all applicable municipal code provisions will be adhered to.

3.    The following minimum requirements shall be met by all mobile food facilities:

a.    Facilities shall be sited in zoning districts compatible with this use, which include C-2, C-4, M-1 and M-2.

b.    No mobile food facility shall be located within one thousand feet of an established restaurant or similar mobile food facility.

c.    Mobile food facilities shall only operate on private property and only with the property owner’s expressed written permission.

d.    Mobile food facilities shall operate for a period of no more than three hours at any one site in a twenty-four-hour period.

e.    Food dispensed from a mobile food facility shall be prepared at a commissary located within the city limits of the city of Dinuba.

f.    When free-standing barbecues or other cooking devices are used, a safety zone of at least two feet shall be established and maintained between the cooking device and all combustible surfaces and to prevent public contact or access to the free-standing cooking device.

g.    Access to the site where the mobile food facility is located shall be consistent with applicable sections of the city of Dinuba zoning ordinance and approved by the building official.

h.    Adequate hard-surfaced parking shall be provided and properly marked at the rate of two parking spaces per table, but not less than four parking spaces total. Parking area construction shall conform to the city of Dinuba zoning ordinance and public improvement standards.

i.    Adequate trash receptacles shall be provided at each site.

4.    Once all reviewing agencies have reviewed and approved the application, a business license shall be issued upon payment of the appropriate annual business license fee.

B.    Failure to comply with the above requirements shall result in immediate suspension of the business license issued for the mobile food facility. Failure to correct violations of the standards within thirty calendar days shall result in revocation of the business license for the mobile food facility. No refunds of business license fees shall be granted for a permit revocation. Suspended permits will be restored to the mobile food facility upon correction of the deficiencies and payment of a re-inspection fee.

C.    The above standards shall apply to all mobile food facilities on the effective date of the ordinance codified in this chapter. (Ord. 2005-1 § 1 (part), 2005)