Chapter 5.10
VENDING ON STREETS, SIDEWALKS AND PRIVATE PROPERTY*
Sections:
5.10.015 Declaration of purpose.
5.10.060 Licenses and identification badges.
5.10.070 Instructions applicable to street, sidewalk and itinerant vendors.
5.10.075 Instructions applicable to ice cream vendors.
5.10.080 Suspension or revocation of license.
5.10.120 Violation—Responsibility.
* Prior ordinance history: Ord. 438.
5.10.010 License required.
It is unlawful for any vendor to sell, display or offer for sale any food, beverage, goods or merchandise without first obtaining a license from the city. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.015 Declaration of purpose.
The city expressly finds that the vending of produce, prepared or prepackaged foods, goods, wares, and/or services, under certain circumstances, on public streets, sidewalks, or alleys and on private property may pose, unsafe conditions and special dangers to the public health, safety and welfare of the residents of the city of Patterson. It is the purpose of the city, in enacting this chapter, to provide those persons who engage in those types of vending operations with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.020 Definitions.
As used in this chapter:
“Commissary” means a food establishment in which food, containers, equipment, or supplies are stored or handled for use in motorized food wagons.
“Conveyance,” as used in this chapter, means any vehicle, trailers, cart, wagon or stand, with or without wheels, which may be moved from one place to another under its own power or by other means.
“Ice cream vending vehicle” means every vehicle in which ice cream, popsicles, ice sherbets, or frozen desserts of any kind are carried for the, purpose of selling at retail sale on the city streets.
“Mobile food preparation unit” means any vehicle or portable food service unit upon which food is prepared for service, sale and distribution at retail, other than an unprepared food vending vehicle, catering truck, bakery truck or ice cream product truck.
“Motorized food wagon” means any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared; prepackaged; or unprepared; unpackaged food or foodstuffs of any kind on any public street, alley, highway, or private street, alley or property within the city of Patterson. For the purposes of this chapter, a motorized food wagon shall also include any trailer or wagon pulled by a vehicle.
“Operator” means and includes any person, firm or corporation who owns, leases, contracts or in any other fashion permits a person to operate upon the city streets any ice cream vending vehicle for the purpose of vending, or the person driving or operating any such vehicle.
“Public street or sidewalk” means and includes all areas legally open to public use as public streets, sidewalks, roadways, highways, parkways, alleys and any other public way.
“Stand” means any newsstand, table, bench, booth, racks, handcart, pushcart or any other fixture or device which is now required to be licensed and registered by the Department of Motor Vehicles, used for the display, storage or transportation of articles offered for sale by a vendor.
“Vend” or “vending” means the sale of any goods, wares, merchandise, prepared, pre-packaged; or unprepared, unpackaged food or foodstuff of any kind from a motorized food wagon on private or public property. Vending from a motorized food wagon generally has the following characteristics:
1. Food is ordered and served from a take-out counter that is integral to the motorized food wagon;
2. Food is paid for prior to consumption;
3. Motorized food wagons from which the food is sold typically have a take-out counter and space for counter queuing;
4. Food and beverages are served in disposable wrappers, plates, or containers; and
5. Food and beverages are prepared and sold for off- site consumption.
Vending from an ice cream vending vehicle shall mean offering ice cream, popsicles, ice sherbets, or frozen desserts for sale from a motor vehicle on the city streets.
“Vendor” means any person, including an employee or agent of another, who sells or offers to sell, food, beverages, goods or merchandise on any public street or sidewalk from a stand, motor vehicle or from his or her person, or one who travels by foot, wagon, motor vehicle, pushcart or any other method of transportation from house to house or street selling or offering to sell food, beverages, goods or merchandise. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.025 Regulation for sale.
It shall be unlawful for any person to vend, or attempt to engage in vending or operate any vehicle or conduct any business for the purpose of vending from any vehicle or conveyance parked, stopped, or standing upon any public street, alley, highway, or property, or private street, alley, or property within the city of Patterson except in accordance with all applicable provisions of this code. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.030 Permit approval.
A person desiring to engage in a vendor operation, as defined in this section, shall submit a written application for a permit to operate in a form acceptable to and with all supporting information required by the city of Patterson. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as established by resolution of the city council. Vendors must display the permit in their possession when vending.
A. Prior to issuance of a business license, every vendor shall meet the following conditions:
1. Obtain conditional use permit approval from the city. Application forms shall be obtained from the city of Patterson’s planning department public counter. Submittal requirements include the following:
a. Proof of current vehicle registration and a copy of an applicable vehicle insurance policy,
b. Four photographs (showing different exterior views) of each motorized food wagon,
c. A copy of a current Stanislaus County environmental health permit,
d. For mobile food vendors, business owners must provide proof of commissary usage in accordance with Sections 114295 and 114297 of the California Retail Food Code for the prior twelve months. For all cases involving the reissuance of a permit; and current proof of commissary usage for new vendors,
e. If the vendor is operating on private property, the business owner shall provide the following:
i. Proof demonstrating acknowledgement and consent of the property owner to permit the vendor to operate on the site, signed by the property owner as required by the Stanislaus County department of environmental resources,
ii. A site plan, drawn to scale and with dimensions, indicating the location of all existing buildings, structures, driveways, parking spaces, and improvements, and the location or areas where the proposed vending activity, structures and improvements related to the vending activity, will be located upon the site,
iii. In the case of mobile food vendors from private property, an affidavit from the business or location providing the required restroom facilities for food service workers, stating the hours that those facilities are being made available as required by the Stanislaus County department of environmental resources;
B. A description of the proposed location of the vending business and the length of time during which it is proposed that the business shall be conducted;
C. A brief description of the nature, character and quantity of the food, beverages, goods or merchandise to be sold;
D. If employed by another, the name and business address of the employing person, firm, association, organization, company or corporation;
E. The following may constitute grounds for denial of a permit to operate:
1. The vending operation or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations,
2. Failure to obtain clearance from Stanislaus County environmental health. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.040 Fees.
Applicants for license under this chapter shall pay annual and per unit fees as established by city council resolution, in addition to business license fees as required by Chapter 5.04 of this code. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.050 Insurance.
No license shall be issued to an applicant unless the applicant furnishes proof to the city of a public liability bond or a current policy in an amount not less than five hundred thousand dollars for property damage and injuries, including injury resulting in death, caused by the operation of the vending business. General liability endorsement forms to meet the insurance requirements of the city may be obtained from the city finance office. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.060 Licenses and identification badges.
A. The license issued to a vendor shall be visibly displayed at all times by the vendor while he or she is engaged in the business of vending.
B. In addition to the license, the city shall issue, at applicant’s cost, a photo identification badge to every vendor. Vendors shall wear their badges in such a way that the badges may be easily read while during business. If the badge becomes damaged or obscured, the vendor shall return it to the city and receive another badge.
C. Temporary or replacement workers who meet the requirements of Chapter 3 of the California Retail Food Code may work as an employee of a vendor for a period not to exceed two weeks in a calendar year.
D. Licenses and identification badges shall be used only by the person to whom they were issued and may not be transferred to any other person. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.070 Instructions applicable to street, sidewalk and itinerant vendors.
A. Stands. Vendor stands shall not:
1. Impede access to the entrance of any adjacent building or driveway;
2. Occupy any public sidewalk;
3. Locate within fifteen feet of a fire hydrant, fire escape, bus stop, loading zone, driveway or driveway of a fire station, police station, hospital or ambulance station;
4. Vendors selling food, beverages, goods or merchandise on behalf of service clubs, lodges, societies, organizations or corporations or other local groups of a beneficial purpose may apply for a permit as provided herein, and upon investigation and confirmation by the city manager may be exempt from the fees herein provided.
B. Mobile Food Preparation Units.
1. No person shall stop, park or cause any mobile food preparation unit or motor vehicle from which is offered food, beverages, goods or merchandise to remain on any public property except pursuant to the order of a lawful authority for the purpose of making emergency repairs to the vehicle. In no event shall any person sell or give away any food or beverage product from a mobile food preparation unit vehicle while on any public property.
2. No person shall stop, park or cause a mobile food preparation unit to remain on any private property for the purpose of selling, giving away, displaying or offering for sale any food or beverage product to any person other than the owner of such property, whose permission has been previously given, or his agents, customers or employees. This permission must be in writing and shall be carried by the vendor and/or exhibited in the unit.
3. All mobile food preparation units shall comply with all applicable regulations set forth in Articles 10 and 10.1 of Title 17 of the California Administrative Code.
4. Each mobile food preparation unit shall be equipped with a fully charged fire extinguisher in good operating condition, the driver shall be advised of the location of the type of extinguisher used and instructed in its operation.
5. No cooking or food preparation shall be done while the mobile food preparation unit is in motion.
6. Waste water shall not be permitted to flow into the street from a mobile food preparation unit.
7. Mobile food preparation units which do not properly control food temperature, which lack running water, which have a defective liquid waste collection tank or which otherwise are unable to operate in a sanitary manner so as to pose an immediate danger to the public health, may be removed from operation by order of the health officer or his designated representatives.
8. All mobile food preparation units shall be inspected at least four times per year by the health officer.
9. All mobile food preparation units shall clearly exhibit the name and business address of the person, firm, association, organization, company or corporation of the owner of the unit in accordance with Section 114299 of the California Retail Food Code.
C. Removal of Trash. All trash or debris accumulating by reason of any vending stand shall be collected by the vendor and deposited in a trash container.
D. The following criteria shall apply to all mobile vendors (on private property):
1. The area proposed for the use, shall be developed to current city development standards including but not limited to adequate paved parking, paved access routes, fencing, and landscaping standards.
2. The site on which the unit will be located must be paved with a hard impervious surface; runoff requirement may apply by the public works department.
3. A minimum of three standard on-site parking spaces in conformance with city standards and ADA requirements shall be required in conjunction with the location of a unit on private property. The use shall not utilize, or be located, on, parking spaces required for the primary use.
4. Adequate setbacks shall be provided as required by the zoning district where the mobile vendor proposes to locate.
5. The operator of the moveable structure business shall be responsible for maintaining the site where it is located in accordance with Section 114317 of the California Retail Food Code.
6. Trash receptacles shall be provided on the site for the use of customers in accordance with Section 114291 of the California Uniform Food Facilities Law. Trash removal shall either be arranged with the city or the mobile vendor shall obtain written permission from the property owner to utilize trash receptacle(s) related to any other business on same site.
7. Hours of operation will be limited to the following: Sunday through Thursday eight a.m. to Midnight; Friday and Saturday eight a.m. to one a.m.
8. Permanent restroom facilities shall be provided, at minimum, for employees within two hundred feet of mobile vendor location and written agreement for these facilities submitted with permit to operate application in accordance with Section 114315 of the California Retail Food Code.
9. Wastewater generated on-site shall not be released on-site or into the storm drainage system.
10. A permanently mounted, weather and damage protected GFCI outlet shall be installed so every individual vehicle has a point to connect to an electrical source. The electrical system shall be installed to code and be inspected by the local jurisdiction to verify compliance with all code requirements. The installation of the electrical system shall meet the requirements as referenced in the Electrical Code that was adopted by the city of Patterson. The standard for the electrical system installation shall meet or exceed the requirements as referenced for “Recreational Vehicle Parks,” Article 551 of the 2007 California Electrical Code, Title 24, Part 3.
11. When not in use, the mobile vendor shall provide legal storage for the vehicle and specify storage location at time of permit to operate application. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.075 Instructions applicable to ice cream vendors.
A. Inspections. Every ice cream vending vehicle shall be inspected by the code enforcement officer once each year prior to its use in the city for the purpose of determining whether it complies with this chapter and other state and local laws. In addition, said vehicle shall be inspected by the county health department to determine compliance with any law relating to the sale of food products.
B. An operator shall vend only when the ice cream vending vehicle is lawfully stopped.
C. Permitted Sales Location. Sales from mobile ice cream vendors shall occur only on public rights-of-way with a speed limit of twenty-five miles per hour or less.
D. An operator shall not vend in a single location for a period to exceed fifteen minutes. For purposes of this subsection, a single location shall be deemed to be a place five hundred feet or more from the last sale.
E. Traffic Laws. Mobile ice cream vendors shall obey all traffic laws. When stopping for the purpose of making a sale, mobile ice cream vendors shall pull as far as practicable to the side of the right-of-way. Mobile ice cream vendors shall not stop for the purpose of making sales when doing so prevents the passage of other vehicles on the right-of-way.
F. Each mobile ice cream vendor shall provide a receptacle for the use of its customers. Prior to leaving each stop, the operator of the vendor shall remove any litter left at the stop by customers.
G. Hours of Operation. Mobile ice cream vendors may stop for the purpose of making sales only between the hours of eleven a.m. and eight p.m.
H. All mobile food preparation units shall comply with all applicable regulations set forth in the California Retail Food Code and Article 11 of the California Uniform Food Facilities Law.
I. An operator shall not vend on a street within or immediately adjacent to any park or public facility maintained by the department of parks and recreation, nor in the downtown core district or other commercially zoned districts.
J. Equipment. In addition to other equipment required by law, every ice cream vending motor vehicle shall be equipped with the following:
1. Signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be five to seven inches in diameter and shall display two alternately flashing yellow lights on the front of the vehicle, both lights visible at five hundred feet in normal sunlight upon a straight level street;
2. A convex mirror mounted on the front so the operator in his normal seating position can see the area in front of the vehicle obscured by the hood;
3. An audible alarm which is activated when the vehicle is in motion backwards. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.080 Suspension or revocation of license.
A. Any license issued under this chapter may be suspended or revoked for any of the following reasons:
1. Fraud or misrepresentation of the application for the license;
2. Fraud or misrepresentation of the course of conducting the business or vending;
3. Conducting the business of vending, contrary to the conditions of the license;
4. Conducting the business of vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety and welfare.
B. On suspension or revocation, the city shall deliver written notice to the license holder stating the action taken and the reason supporting such action. The written notice shall be delivered to the license holder’s place of business or mailed to the license holder’s last known address. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.090 Appeals.
Persons who are denied licenses or whose licenses have been suspended or revoked may appeal by filing a written notice of appeal with the city council. The appeal must be filed within ten work days after receipt of the notice of denial, or suspension or revocation. The city council shall hear and determine the final appeal and the decision of the council shall be final. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.100 Renewals.
The city shall review each application for renewal to determine that:
A. The applicant is in full compliance with the provisions of this chapter.
B. The applicant has a currently effective insurance policy in the minimum amount provided for herein. If the city finds that the application meets the above requirements, the city shall issue a new permit. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.110 Violation—Penalty.
Any person who violates any provisions of this chapter shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both fine and imprisonment. (Ord. 700 § 1 Exh. A (part), 2008).
5.10.120 Violation—Responsibility.
The owners, managers or operators of any food vending vehicle are responsible for the violation of any provision of this chapter by their agents or employees. (Ord. 700 § 1 Exh. A (part), 2008).