Chapter 3.50
MOBILE VENDORS
Sections:
3.50.040 Revocation of permits.
3.50.060 Investigation and findings for mobile vending permit.
3.50.070 Permit not transferable.
3.50.080 Issuance of permit--Grounds for denial--Conditions.
3.50.090 Operators of mobile vending vehicles.
3.50.100 Maintenance of vehicles.
3.50.110 Duty to maintain location in sanitary condition.
3.50.120 Additional regulations.
3.50.130 Approved location permit created.
3.50.140 Insurance for approved location permits.
3.50.010 Definitions.
For the purpose of this chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.
A. “Mobile vendor” means any person in charge of or operating any mobile vending vehicle, either as agent, employee, or otherwise under the direction of the owner.
B. “Mobile vending vehicle” means any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating cart or vehicle on any portion of any street within the city.
C. “Owner” means any person, firm, association or corporation having proprietary control of or right to proprietary control of any mobile vending vehicle as defined herein.
D. “Permit officer” shall mean the city manager or the city manager’s designee. (Ord. C-12-11 §1(part), 2011).
3.50.020 Permit required.
No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in or profess to be engaged in the business or service of operating a mobile vending vehicle upon the streets, alleys, or any public way or place of the city unless such person holds a currently valid mobile vending permit, issued pursuant to this chapter. (Ord. C-12-11 §1(part), 2011).
3.50.030 Exemptions.
A. A mobile vending vehicle owned or operated by any public agency, or operated pursuant to a franchise issued in accordance with the City of Half Moon Bay Municipal Code, or for the operation of which a certificate of public convenience and necessity has been granted by the Public Utilities Commission of the state of California, shall not be subject to the provisions of this chapter.
B. This chapter shall not apply to persons delivering goods, wares, merchandise, fruits, vegetables or foodstuffs upon the order of, or by an agreement with, a customer from a store or other fixed place of business or distribution.
C. This chapter shall not apply to vendors participating in farmers’ markets, street fairs, sidewalk sales or other special events permitted by the city. (Ord. C-12-11 §1(part), 2011).
3.50.040 Revocation of permits.
A. Mobile vending permits may be revoked for any cause which would have warranted denial thereof in the first instance, or for a failure to comply with any of the provisions of this chapter or any of the conditions of the permit.
B. Mobile vending permits are subject to renewal each calendar year. (Ord. C-12-11 §1(part), 2011).
3.50.050 Applications.
A. Any person may apply to the city for a mobile vending permit by filing with the permit officer, upon forms supplied by the city, an application containing the following information:
1. The residence and business address of applicant, if a natural person. If a firm, association or partnership, the name and address thereof and the names and residences of partners or association members. If a corporation, the name and address thereof and the names and residences of officers and local manager, if any;
2. Nature of business;
3. Number, make, model and engine number and photograph of vehicles proposed to be operated, or so much of said information as is available at the time of application;
4. A list of the goods, wares, merchandise, fruits, vegetables or foodstuffs to be sold, displayed, exchanged or bartered;
5. The days of the week and hours of the day for which permission is being sought to operate the mobile vending business; and
6. Such other information as the city may require and as requested in said application form.
B. The application shall be accompanied by a permit processing fee in an amount established by resolution. (Ord. C-12-11 §1(part), 2011).
3.50.060 Investigation and findings for mobile vending
permit.
A. Completed applications for a mobile vending permit shall be filed with the permit officer who shall investigate each applicant and make a written determination whether to grant or deny the mobile vending permit within ninety days after the filing of the application, or as soon thereafter as is reasonably possible. Final approval may require Half Moon Bay city council review and vote depending upon the operation’s impact on public property, pedestrian traffic, vehicle traffic, and public safety. The permit officer may submit the application to the city council for approval, conditional approval or denial. Permit applications in all cases are to be submitted to the permit officer. The city council will not accept applications.
B. No mobile vending permit may be granted unless the permit officer makes each of the following findings:
1. The mobile vending permit business has met each of the requirements listed elsewhere in this chapter;
2. The operation of the vending vehicle, wagon or cart will not substantially result in traffic hazards;
3. The operation of the vending vehicle, wagon or cart will not substantially disrupt the neighborhoods in which it will be operated; and
4. The applicant has not been convicted during the last seven years of any felony or any crime involving driving under the influence of alcohol or other controlled substance; any crime involving the sale, use of, or transportation of narcotics; any crime involving reckless driving; any suspension of driver’s license; a criminal assault; any crime involving theft or embezzlement; or any child annoyance or sex-related crime, as determined through a background investigation conducted by the law enforcement agency. (Ord. C-12-11 §1(part), 2011).
3.50.070 Permit not transferable.
Mobile vending permits shall not be assignable or transferable, except as herein provided. If the ownership is in excess of thirty-three percent of the mobile vending business whether corporate stock, partnership interest or otherwise shall change, a new permit must be obtained; provided, however, that in the event of an involuntary transfer, by reason of the death or mental incapacity of the permittee, the personal representative or successor of such decedent or mentally incapacitated permittee may continue to operate the business under such permit, subject to all the provisions of this chapter, if such personal representative or successor would otherwise qualify for such permit pursuant to the terms of this chapter. (Ord. C-12-11 §1(part), 2011).
3.50.080 Issuance of permit--Grounds for denial--Conditions.
The permit officer shall issue the mobile vending permit upon payment of the permit fees required and proof of a valid city-issued business license and county environmental health permit required of all applicants for a permit to operate a mobile vending vehicle over the streets of the city, unless he or she finds, as a result of the investigation of the applicant, that:
A. Any vending vehicle proposed to be operated is inadequate or insufficient for the purpose intended, is insufficiently equipped with reasonable safety devices or fails the required fire district safety inspection;
B. The granting of such permit would be in violation of any ordinance of this city or would endanger the public health, peace, morals or safety, or on the basis of any reasonable cause it is determined that the proposed operation would be undesirable in the city; provided, however, that if the issuance of the permit were conditioned upon certain performance standards, the grounds upon which it would otherwise be denied might be prevented or avoided, such permit may be issued subject to reasonable conditions;
C. The applicant fails the criminal history background investigation referenced above;
D. Any of the other requirements for the approval of a permit application prescribed elsewhere in this chapter have not been met. (Ord. C-12-11 §1(part), 2011).
3.50.090 Operators of mobile vending vehicles.
No person shall operate a mobile vending vehicle if, within seven years prior to the day of such operation, that person has been convicted of any felony or any crime involving driving under the influence of alcohol or other controlled substance; any crime involving the sale, use of, or transportation of narcotics; any crime involving reckless driving; any suspension of driver’s license; any criminal assault; any crime involving theft or embezzlement; or any child annoyance or sex-related crime and unless that person has a currently valid operator’s or chauffeur’s license authorizing the operation of such vehicle, if required. All operators shall submit to a background investigation conducted by the local law enforcement agency and meet the aforesaid qualifications prior to issuance of a mobile vending permit. (Ord. C-12-11 §1(part), 2011).
3.50.100 Maintenance of vehicles.
Every mobile vending vehicle shall be kept in a clean and sanitary condition at all times in conformance with the rules and regulations promulgated by the permit officer, who may also require inspection by:
A. The fire district prior to issuance of the mobile vending permit; and
B. The law enforcement agency at such intervals as established by the permit officer to ensure the continued maintenance of safe operating conditions. (Ord. C-12-11 §1(part), 2011).
3.50.110 Duty to maintain location in sanitary condition.
While any mobile vending vehicle is in any location, the mobile vendor shall have the duty to keep such location in a neat and orderly condition, shall provide adequate refuse collection containers, and shall pick up and dispose of in a sanitary manner all paper, litter, garbage and other refuse resulting from his presence and activities. (Ord. C-12-11 §1(part), 2011).
3.50.120 Additional regulations.
All mobile vendors shall comply with the following regulations:
A. No vending within three hundred feet of any school;
B. No vending in congested areas where it may impede or inconvenience the public or create a traffic hazard;
C. No vending in areas not approved by the permit officer;
D. No vendor shall use amplified sound to attract attention, but may use bells or other devices described in the application and approved by the permit officer;
E. The vendor must have a business license and approval of its operation by the county health department, if required for food service;
F. The vendor may stop for a maximum of fifteen minutes per stop, and must move at least one block before making another stop, unless the vendor has obtained an approved location permit in accordance with Sections 3.50.130 through 3.50.140. (Ord. C-12-11 §1(part), 2011).
3.50.130 Approved location permit created.
A. An approved location permit grants the permittee the privilege of occupying a particular portion of a public street or sidewalk beyond the time limit set forth in Section 3.50.120 for the purpose of conducting an approved mobile vending operation. An approved location permit does not grant the permittee any estate or other property right or interest to operate at the location for which the permit is issued. An approved location permit may be issued or denied at the discretion of the permit officer.
B. The location of a mobile vending vehicle may be approved by the permit officer subject to the following terms and conditions:
1. The applicant shall comply with all permit and license procedures set forth by the city;
2. If more than one application is received for the same time for the same location not currently occupied by a permittee, the successful applicant shall be drawn by lot;
3. Each application shall be accompanied by a site plan which shall specifically detail how and where the applicant proposes to set up the mobile vending vehicle;
4. If issued, the permit shall specify what portion of the public right-of-way may be occupied by the mobile vending vehicle;
5. The permitting officer approves the location of the mobile vending vehicle subject to such other terms and conditions as deemed necessary to promote the public health, safety and welfare and to promote vehicular traffic safety and convenience and pedestrian safety and convenience;
6. No person shall use or have any movable or permanent stand, table, chair, ice chest or other ice container, equipment or device at any approved location other than the permitted mobile vending vehicle, one stool for his or her own use, and one trash/garbage container of no more than thirty-gallon capacity;
7. Under no circumstances shall an approved location permit authorize a mobile vending vehicle in any city park, beach, trail or city-owned or managed parking lot except in accordance with a license agreement approved under Chapter 9.75;
8. Under no circumstances shall an approved location permit allow a mobile vending vehicle in any location that blocks or otherwise interferes with the free movement of vehicles or pedestrians along the street or sidewalk;
9. An approved location permit shall not be sold, assigned or transferred and any attempt to sell, assign or transfer, or any sale, assignment or transfer of, any approved location permit shall render the permit null and void;
10. The approved location permit shall cover the permittee to whom the permit is issued and any of the permittee’s agents or employees that have obtained a valid mobile vendor permit from the permitting officer;
11. Except as otherwise specifically provided, an approved location permit shall limit the operation of the mobile vending vehicle at the approved location between the hours of seven p.m. or one-half hour after sunset, whichever comes first, and seven a.m. of the following day (“hours of operation”);
12. The mobile vending vehicle shall be removed from the approved location beyond the hours of operation permitted by the use agreement.
C. Any application for issuance or renewal of an approved location permit shall be accompanied by a permit fee in an amount approved by resolution. (Ord. C-12-11 §1(part), 2011).
3.50.140 Insurance for approved location permits.
A. Each permittee, at his or her sole cost and expense, and during the entire term of the location permit, or any renewal thereof, shall obtain and maintain in full force and effect a commercial general liability insurance policy or other such policy required by the permit officer, including:
1. Minimum policy limits to be set by the permit officer;
2. Issuance of the policy by an admitted insurer or insurers as defined by the California Insurance Code;
3. Provisions that no cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of the vendor business permit, without thirty days’ written notice to the permit officer prior to the effective date of such cancellation or reduction in coverage; and
4. The city of Half Moon Bay named as an additional insured under the policy;
B. Adequate proof of insurance shall be provided to the permit officer prior to the operation of the mobile vending vehicle at the approved location. (Ord. C-12-11 §1(part), 2011).
3.50.150 Appeals.
An aggrieved person may appeal the granting or denial of any permit issued by the permit officer to the city council by filing an appeal in accordance with Chapter 1.25. (Ord. C-12-11 §1(part), 2011).