Chapter 23.85
MOBILE FOOD VENDORS
Sections:
23.85.030 Permit requirements.
23.85.050 General development and operational standards for mobile food vendors.
23.85.060 Additional operational standards for ice cream trucks.
23.85.010 Purpose.
It is the purpose of this section to preserve the peace, safety, and welfare of the City and its residents by:
A. Providing clear and concise regulations governing mobile food vendors to prevent safety, traffic, and health hazards;
B. Preventing the unregulated proliferation of too many vendors near one (1) location, thus negatively impacting traffic and pedestrian safety; and
C. Establishing standards to ensure that mobile food vendors within permitted zone districts are compatible with their surroundings and aesthetics of the City. [Ord. 18-2012 §5, eff. 10-12-2012]
23.85.020 Definitions.
Terms unique to this chapter are listed in EGMC Chapter 23.100 (General Definitions). [Ord. 18-2012 §5, eff. 10-12-2012]
23.85.030 Permit requirements.
Mobile food vendors are permitted in all zoning districts, subject to the general development and operational standards in this chapter. Mobile food vendors and ice cream trucks shall acquire any necessary business license and/or special business license as required by EGMC Title 4 (Business Regulation). [Ord. 18-2012 §5, eff. 10-12-2012]
23.85.040 Exemptions.
The following are exempt from the requirements of this chapter as specified below, but still must satisfy all other applicable permit requirements (e.g., business license, County health permit, encroachment permit, etc.).
A. Mobile food vendors conducted in connection with:
1. The operations of a State certified farmers’ market;
2. An event authorized by a street use permit, temporary use permit or other permit or entitlement issued by the City, such as an authorized street fair;
3. An event at a school facility, assembly use facility, or recreational facility if the vendor is in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way);
4. A public park with Park Manager approval; or
5. A private event or party in a residential or agricultural zone located either on the site of the event or in the public right-of-way with no retail sale to the general public. [Ord. 18-2012 §5, eff. 10-12-2012]
23.85.050 General development and operational standards for mobile food vendors.
Unless otherwise exempt, the following general and operational standards shall apply to all mobile food vendors (including ice cream trucks):
A. All mobile food vendors shall obtain all required permits from the City (e.g., general and special business licenses), Sacramento County, and the State, if applicable.
B. All mobile food vendors shall comply with the California Vehicle Code and California Health and Safety Code.
C. Mobile food vendors and ice cream trucks may not be parked or stored on any residential property or local residential street. Additionally, no trailer used for commercial purposes shall be parked or stored in any residential zone except for loading or unloading services.
D. Hours of operation shall be no earlier than 7:00 a.m. and no later than 10:00 p.m. and no overnight parking shall be permitted.
E. Food sales (not including set-up and take-down) shall be limited to three (3) hours at a single location in a thirty-six (36) hour period, unless otherwise authorized by permit or entitlement issued by the City, including but not limited to a conditional use permit, temporary use permit, street permit, or similar. For purposes of this section, “a single location” shall mean a new location within a five hundred (500' 0") foot radius of the original location.
F. Mobile food vendors shall not operate in an unsafe manner, including but not limited to impeding on- or off-site vehicle circulation and obstructing the view of pedestrians by motorists.
G. Operations on Private Property.
1. Notwithstanding any other provision of this chapter, mobile food vendors may operate on private property; provided, that prior to conducting such business operations, they have the authorization from the property owner upon which the operations are occurring; and provided further, that they have the authorization from any other building-enclosed restaurant located within a three hundred fifty (350' 0") foot radius of the operations, as measured from the primary customer entrance of the restaurant; and provided further, that neither such restaurant nor the City has articulated a public safety concern due to traffic, parking, or otherwise, arising out of such mobile food vendor’s operations. Vendor must be able to demonstrate property owner authorization as provided in this section.
2. Mobile food vendor shall not use or permit use of parking spaces on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the Development Services Director.
3. Vendor shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.
H. Operations in Public Right-of-Way.
1. Mobile food vendors shall not operate within three hundred fifty (350' 0") feet of any building-enclosed restaurant as measured from the primary customer entrance of the restaurant, except when the mobile food vendor has written authorization from all building-enclosed restaurants that are within that same three hundred fifty (350' 0") foot radius.
2. Mobile food vendors shall not stop, stand, or park in any clear vision triangle or no parking zone.
3. Mobile food vendors shall not operate within three hundred fifty (350' 0") feet of a public or private school in which children at or below the twelfth (12th) grade level are enrolled, and which is in session.
4. Mobile food vendors shall maintain a clear path of travel on the sidewalk pursuant to the Americans with Disabilities Act (ADA) free of customer queuing, signage, and/or all portions of the vehicle for the clear movement of pedestrians.
I. Residential and Agricultural Zones. Mobile food vendors shall not park longer than required in order to complete a single transaction adjacent to the premises or residences of the customer. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 18-2012 §5, eff. 10-12-2012]
23.85.060 Additional operational standards for ice cream trucks.
Standards for ice cream trucks shall be governed under California Vehicle Code Section 22456. In addition, development and operational standards in EGMC Section 23.85.050 shall apply to ice cream trucks. To the extent that EGMC Section 23.85.050 is more restrictive, it shall supersede the requirements of Section 22456 of the Vehicle Code. [Ord. 18-2012 §5, eff. 10-12-2012]