Chapter 5.36
FOOD VENDORS
Sections:
5.36.040 Application for permit.
5.36.050 Revocation of permit.
5.36.060 Food vending vehicles.
Prior legislation: Prior code §§ 8-1.6014, 10-5.506 and 10-5.507; Ord. 97-03.
5.36.010 Purpose.
The city recognizes the right of its citizenry to be relatively free from noise and obstruction when traversing the city streets. The city also recognizes the right of its citizenry to purchase reliable products from responsible vendors without a fixed place of businesses. The city by this regulatory chapter seeks to balance those competing interests. The city finds that the cost of this regulation should be borne by those individuals, companies and groups which seek to benefit financially from street vending or mobile food vending, since it should be their burden to ensure to the Winters citizens that their sales of goods shall be done in a manner least obstructive to their right to travel. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.501)
5.36.020 Definitions.
As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
“City” means city of Winters.
“Food vending vehicle” includes any motor vehicle from which food or beverages are sold directly to a customer; does not include vehicles that involve the delivery of food or beverages ordered by home delivery customers.
“Mobile food vendor” means any person, including an agent or employee of another, who sells or offers to sell food or beverages from a motor vehicle on any public street.
“Public street or sidewalk” includes all areas legally open to public use as public streets, sidewalks, roadways, highways, parkways, alleys, and any other public way.
“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only for a brief time to complete a transaction.
“Sidewalk vendor” means a person who sells food, beverages or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, in a public park, upon a public sidewalk or other pedestrian path.
“Stationary food vendor” means any person, including an agent or employee of another, who sells or offers to sell food or beverages from a motor vehicle located on private property for more than four hours in a single day.
“Stationary sidewalk vendor” means any person who sells food, beverages or merchandise from a fixed location from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
“Vendor” means any person who operates a food vending vehicle, stand or cart. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.502)
5.36.030 Permit.
It is unlawful for any person to sell or attempt to sell any commodity by means of vending such commodity upon any street or on private property in the city without first securing a permit and paying the fee therefor. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.503)
5.36.040 Application for permit.
Application for a permit shall be made upon a form provided by the city. The applicant shall truthfully state in full the information requested on the application:
A. Name and address of present place of residence and length of residence at such address; also business address if other than present address;
B. Address of place of residence during the past three years if other than present address;
C. Age of applicant;
D. Physical description of applicant;
E. Name and address of the person, firm or corporation or association whom the applicant is employed by or represents, and the length of time of such employment or representation;
F. Name and address of employer during the past three years if other than the present employer;
G. Description sufficient for identification of the type of commodity or commodities to be vended;
H. Period of time for which the permit is applied;
I. The date, or approximate date, of the last previous application for permit under this chapter, if any;
J. If a permit is issued to the applicant under this chapter has ever been revoked;
K. Names of the three most recent communities where the applicant has engaged in street vending;
L. Proposed method of operation;
M. Signature of applicant;
N. Social Security number of applicant.
All statements made by the applicant upon the application or in connection therewith shall be under oath.
The applicant shall submit to fingerprinting by the police department of the city in connection with the application for the permit.
The city clerk shall cause to be kept in his or her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all permits issued under the provisions of this chapter, and of the denial of applications.
Applications for permits shall be numbered in consecutive order as filed, and every permit issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued.
No permit shall be issued to any person who has been convicted of a violation of any of the provisions of this chapter; nor to any person whose permit issued hereunder has previously been revoked as herein provided. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.504)
5.36.050 Revocation of permit.
Any permit issued hereunder shall be revoked by the chief of police if the holder of the permit is convicted of a violation of any of the provisions of this chapter, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a permit under the terms of this chapter. Immediately upon such revocation, written notice thereof shall be given by the chief of police to the holder of the permit in person or by certified United States mail addressed to his or her residence address set forth in the application.
Immediately upon the giving of such notice the permit shall become null and void.
The permit shall state the expiration date thereof. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.505)
5.36.060 Food vending vehicles.
The following rules and regulations shall be complied with by each person operating a food vending vehicle:
A. Food Vendors. It shall be unlawful for any food vendor to:
1. Sell or attempt to by means of any outcry, sound, speaker or amplifier, or any instrument which violates the city of Winters noise ordinance contained in Chapter 8.20.
2. A use permit shall not be required for fundraising activities/special sales/events which are sponsored by the school district or approved by the city.
B. Mobile Food Vendors. It shall be unlawful for any mobile food vendor to:
1. Exceed a speed of twelve (12) miles an hour when driving through neighborhoods seeking sales or when attempting to make a sale;
2. Make more than two stops in any one block to make any sale;
3. Stop anywhere within twenty-five (25) feet of an intersection when making a sale or attempting to make a sale;
4. Double park, or park in any manner contrary to any ordinance relating to parking when making a sale or attempting to make a sale;
5. Make a U-turn on any block;
6. Drive a vehicle backwards when making a sale or attempting to make a sale;
7. Sell to any person who is standing in the street;
8. Permit any person to hang on the vehicle or permit any person to ride in or on the vehicle except a bona fide assistant or assistants;
9. Remain standing or stopped at any place for a period of time exceeding ten (10) minutes;
10. Conduct business within twenty (20) feet of any disabled parking space or access ramp;
11. Sell or attempt to sell along any particular route more than two times during a twenty-four (24) hour period.
C. Stationary Food Vendor. Stationary food vendors shall comply with the following:
1. A use permit shall be obtained from the planning commission to allow a stationary food vendor except as allowed by subsection (C)(2) of this section. The permit shall be processed in accordance with and subject to the use permit requirements contained in Chapter 17.20.
2. A special permit shall be obtained from the city to allow a stationary food vendor to participate in an event approved by the city.
3. Locate on privately owned land not within enclosed buildings on permanent foundations or in a public right-of-way.
4. Stationary food vending vehicles shall be designed so they add aesthetic value to the vicinity. Design elements should include the use of umbrellas, overhangs, or other attractive shading devices, and temporary landscaping.
5. Hours of operation may be limited as determined by the planning commission. Minor modifications to the hours of operation may be approved by the zoning administrator.
6. Provide a trash container immediately adjacent to the food vending vehicle. Trash container must be removed from the site during non-vending hours. Additionally, vendors must maintain the cleanliness of their site within twenty-five (25) feet surrounding their site.
7. Be limited to one freestanding, nonilluminated sign, not exceeding four feet in any dimension, to be placed within ten (10) feet of the stationary food vendor. These regulations do not include any graphics or signs painted directly onto the vehicle. No sign shall impede vehicle traffic, pedestrian right-of-way, or pedestrian personal vehicle traffic (bike lanes). No stationary food vendor signs shall be located within the Caltrans right-of-way.
8. Have a certificate of compliance from the county health department, as appropriate. Additionally, vendors must complete the reciprocity checklist of Yolo County.
9. Stationary food vending vehicles are permitted in the vicinity of Grant Avenue and Railroad Avenue along three corridors from the intersection: Grant Avenue east to Dutton Street on the north side of the street and to East Street on the south side of Grant; both sides of Railroad Avenue south to Baker Street; west on Grant Avenue three hundred (300) feet.
10. Stationary food vendors shall be prohibited from having chairs and tables for customer use unless approved by the planning commission. Any chairs and tables must be stored off site unless previously stated approval of the property owner is declared during the application process.
11. Stationary food vendors must comply with the Americans with Disabilities Act and other accessibility access standards.
12. Stationary food vendor permits may be revoked upon there being just cause.
13. Stationary food vendors operating in parking lots must minimize the amount of parking spaces they are utilizing and cannot impede traffic flow entering, leaving, or within the parking lot.
14. Stationary food vendors operating adjacent to, or within close proximity to, a traffic intersection cannot visually impair drivers utilizing said intersection. (Ord. 2018-06 § 3(a) (part))
5.36.070 Sidewalk vendors.
The following provisions shall regulate sidewalk vending stands and carts or other operations deemed similar by the zoning administrator, which operate on publicly owned land or parks not within enclosed buildings. Nothing in this section shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food.
A. A business license shall be obtained from the city to allow a sidewalk vendor. The permit shall be processed in accordance with the requirements contained in Chapter 5.04.
B. Stationary sidewalk vendors shall be prohibited from selling in residentially zoned neighborhoods.
C. Roaming sidewalk vendors are permitted to sell in residentially zoned neighborhoods; hours of operation shall be between nine a.m. and five p.m. Hours of operation in nonresidential areas shall be consistent with the hours of other businesses operating in the nonresidential area as determined by the zoning administrator.
D. All sidewalk vending stands, carts, signs, refuse containers and other material set up or provided by the vendor must be removed from the vending site during non-vending hours.
E. Sidewalk vending stands and carts shall not exceed eight feet in height, eight feet in length and four feet in width; not impede access to the entrance of any adjacent building or driveway; not impede pedestrian right-of-way or pedestrian personal vehicle traffic (bike lanes); not be located on sidewalks where there is not on-street parking immediately adjacent; and must comply with the Americans with Disabilities Act and other accessibility access standards.
F. Sidewalk vending stands and carts shall not be located within twenty (20) feet of a fire hydrant, fire escape, bus stop, loading zone, disabled parking space, access ramp, fire station or police department driveway.
G. Sidewalk vendors shall supply a way to dispose of trash if an existing trash container does not exist within twenty-five (25) feet of the stand or cart. Additionally, sidewalk vendors must maintain the cleanliness of their site and within twenty-five (25) feet surrounding their site.
H. Sidewalk vending stands and carts shall be designed so they add aesthetic value to the vicinity. Design elements should include the use of umbrellas, awnings, or other attractive shading devices.
I. Sidewalk vending stands and carts shall be prohibited from having signs except those that are limited to one freestanding, nonilluminated sign not exceeding four feet in any dimension, to be attached to or placed within ten (10) feet of the stand or cart. These regulations do not include any graphics or signs painted directly onto the vending stand or cart. No sign shall impede vehicle traffic, pedestrian right-of-way, or pedestrian personal vehicle traffic (bike lanes). No sidewalk vendor signs shall be located within the Caltrans right-of-way.
J. Sidewalk vendors shall obtain a certificate of compliance from the county health department, as appropriate. Additionally, vendors must complete the reciprocity checklist of Yolo County.
K. Sidewalk vendors locating near an intersection shall not create a sight distance problem.
L. Sidewalk vendors wanting to vend within a city park may vend only during those hours the park is open. Sidewalk vendors may not vend within a city park during a city-approved event when there is an exclusive agreement with one or more concessionaires.
M. Sidewalk vendors shall be prohibited from having tables and chairs for customer use unless the vendor is located in a given area that has adequate sidewalk width or is specifically designed for such purpose such as a plaza, park or other public open space area with adequate restroom facilities.
N. Sidewalk vendor permits may be revoked upon there being just cause.
O. Sidewalk vendor permit shall expire in one year and may be extended upon zoning administrator approval. (Ord. 2018-06 § 3(a) (part))
5.36.080 Violation—Nuisance.
It is declared to be unlawful and shall constitute a nuisance for any person to violate the terms of this chapter. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.508. Formerly 5.36.090)
5.36.090 Insurance.
No permit shall be issued to an applicant unless the applicant furnishes proof to the city of a public liability bond or insurance policy in an amount not less than three hundred thousand dollars ($300,000.00) for property damage and bodily injury liability, including injury resulting in death, caused by the applicant. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.509. Formerly 5.36.100)
5.36.100 Fees.
The city shall by resolution establish fees for the issuance of permits sufficient to offset the city’s cost of regulation of street vendors. These fees shall be supplemental to any business license fees charged to street vendors. Both fees shall be payable upon application. The fees charged under this chapter shall be nonrefundable. Permits shall be valid for one year from the date of issuance, unless sooner revoked as provided herein. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.510. Formerly 5.36.110)
5.36.110 Renewals.
Renewals shall be done on an annual basis. Application for renewals of permits shall be received no later than thirty (30) days prior to the expiration of the applicant’s permit, or shall be processed as new applications. The city may review applications 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 in this chapter, or as amended by subsequent resolution of the Winters city council.
If the city finds that the applicant meets the above requirements, the city shall issue a new permit. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.511. Formerly 5.36.120)
5.36.120 Enforcement.
Enforcement shall be implemented by the city manager or through a city staff person designated by him or her. In addition, any Winters police officer is authorized to enforce the provisions of this chapter. Such person shall have authority to issue citations based upon reasonable cause in a manner most suitable to the particular incident. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.513. Formerly 5.36.130)
5.36.130 No preemption.
This chapter shall not be interpreted to permit soliciting, or the procedures thereof or redress therefrom, where restricted by state law. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.513. Formerly 5.36.140)
5.36.140 Violation—Penalty.
Any person, firm, corporation, or organization which violates any provision of this chapter shall, upon conviction thereof, be subject to the maximum allowable fine pursuant to the requirements set forth in state law.
Upon conviction thereof, punishment shall be a fine subject to the maximum allowable pursuant to the requirements set forth in state law, or imprisonment for a term not exceeding six months, or by both a fine and imprisonment. (Ord. 2018-06 § 3(a) (part): Ord. 2003-04 § 10: Ord. 91-10 § 2 (part): prior code § 10-5.515. Formerly 5.36.150)
5.36.150 Nuisance—Injunction.
Any violation of this chapter is declared to be a nuisance. In addition to any other relief provided by this chapter, the city attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction. (Ord. 2018-06 § 3(a) (part): Ord. 91-10 § 2 (part): prior code § 10-5.516. Formerly 5.36.160)
5.36.160 Temporary permits.
Temporary permits provided to vendors are strictly regulated and shall provide guidelines which vendors must abide by. These permits will range in costs and shall be adjusted based on the length of time in which the food vendor is serving within the city limits and shall go into effect upon approval from the city and shall expire upon the designated time noted on the approved permit. (Ord. 2018-06 § 3(a) (part))