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HomeMy WebLinkAboutAgenda Report - November 18, 2009 J-01AGENDA ITEM A% CITY OF LODI • ,. ' COUNCIL COMMUNICATION Im AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 9 — Public Peace, Morals and Welfare — by Repealing and Reenacting Chapter 9.18 'Vending on Streets, Sidewalks and Private Property" in its Entirety. MEETING DATE: November 18,2009 PREPARED BY: City Attorney RECOMMENDEDACTION: Introduce Ordinance Amending Lodi Municipal Code Title 9 — Public Peace, Morals and Welfare — by Repealing and Reenacting Chapter 9.18 "Vending on Streets, Sidewalks and Private Property" in its Entirety. BACKGROUND INFORMATION: Council requested an opportunity to consider an ordinance capping the number of mobile food vendors that actually prepare food within the unit at its meeting on October 7, 2009 based on concerns that the units were rapidly approaching the number of lots available for their use under the ordinance. The attached proposed ordinance implements the caps at 22 Mobile Food Production Units and three Seafood/Produce Trucks. The ordinance does not propose caps for push carts or hot dog stands because no push carts and only one hot dog cart are currently licensed. The permits would be transferable in the event the truck is sold. The ordinance also makes several non -substantive changes to reflect Code Enforcement's move to the Police Department. Staff contacted David LeBeouf, counsel for the affected business owners who indicated he would not be available on November 18th. Mr. LeBeouf requests that Council delay action on this item until he can attend; however he expressed that he does not oppose the concept of transferable permit caps. Staff and Mr. LeBeouf are scheduled to meet next week to consider any changes he might propose and if any are made they will be presented in redline on a blue sheet at the meeting of the Council. FISCAL IMPACT: Not applicable. APPROVED: J:\CA\C!'MCounCom\OrdinancesWlobileVendors#11#18#08.doc Blair King, City (�iaager ORDINANCE NO. t Formatted: Left: 1.25", Right: 1.25", Top: 1", Bottom: 1" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 9 — PUBLIC PEACE, MORALS, AND WELFARE j3Y REPEALING AND REENACTING CHAPTER 9.18, "VENDING ON STREETS, SIDEWALKS,AND PRIVATE PROPERTY" IN ITS ENTIRETY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code (LMC) Title 9 Welfare — Chapter 9.18, "Vending on Streets and Sid reenacted in its entirety to read as follows: 0 Chapter 9.18 VENDING ON STREETS, SI 9.18.010 Declaration of Purpose The City Council expressly c prepackaged foods, goods, wares, and on private property pose unsaf safety, and welfare of the residents o City Council, in enacting Chapter, types of vending oper clear and health hazard well to r community. 9.18.020 Defi L OF THE CITY OF Peace, Morals, and hereby repealed and AND PRIVA' that thg of produce and prepared or >ervicie:s lic streets, sidewalks, or alleys p dangers to the public health, i. It I purpose and intent of the e ns who engage in those e ns to prevent safety, traffic, peace, safety, and welfare of the Deleted: - CHAPTER 9.18, "VENDING ON STREETS AND SIDEWALKS," Deleted: , Deleted: , shall mean any person, firm, or corporation, which ny interest in any business engaged in vending as Ji 1 hereof. Deletes: H "Commiss shall mean a food establishment in which food, containers, quipment supplies are stored or handled for use in Motorized Food 11110monsigWrivevance. C. "Co nce," as used in this Chapter, means any vehicle (except Motorized Food Wagons, as defined below), trailer, 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. D. "Linear Frontage" is the method used to determine distances as used in this Chapter. E. "Mobile Food Vendor" shall mean any person as defined in this Chapter, who owns, controls, manages, and/or leases a Motorized Food Wagon ,Conveyance or Produce/Seafood Truck; and/or contracts with a person( Deleted: or to drive, operate, prepare foods, and/or vend from a Motorized Food Wagon, Conveyance or Produce/Seafood Truck. Deleted: o� F. "Motorized Food Wagon" shall mean any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, pre-packaged, 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 Lodi, including a Produce/Seafood Truck (as defined below) and a Motorized Food Production Unit (as defined below). For the purposes of this Chapter, a Motorized Food Wagon shall also include anytr ' r or wagon pulled by a vehicle. products. FL "Persons" shall mean any on, firm artnership, ciation, or Deleted:6 corporation, and includes, but i limit owners , oper rs, drivers, Formatted: Strikethrough lessors, and lessees of Motorize ons and Conveyances. I. "Produce/Seafood ns an a as defined by Section 670 of the California Vehicle sells ra duce or seafood "Vend" o ding" I a of an __goods, wares, Deleted: H merch ared, aged, nprepared, unpackaged food or fo ffs of a ind fro rivate or public property. Food Wagon generally has the- - is ordered and served from a take-out counter that is-, in to the Motorized Food Wagon and there is typically a sp a for customer queuing; b. ood is paid for prior to consumption, food and beverages are served in disposable wrappers, plates, or containers; and d. Food and beverages are prepared and sold for off -site - consumption. 2. _Vending_ from a Conveyance generally has the following - characteristics: a. Food is paid for rior to consumption; 2 Formatted: Tabs: 0.5", Left + 1", Left + 1.5", Left + 2", Left + 2.5", Left Deleted: Deleted: 1. Formatted: Indent: Left: 0", Hanging: 2", Tabs: 0.5, Left + 1", Left Deleted: 2. Formatted: Indent: Left: 0", Hanging: 2", Tabs: 0.5", Left + 1", Left Deleted: 3. Formatted: Indent: Left: 0", Hanging: 2", Tabs: 0.5", Left + 1", Left Deleted: 4. Formatted: Indent: Left: 0", Hanging: 1.5 Deleted: Deleted: 1. b. Food and beverages are served in disposable wrappers,— Deleted: 2. plates, or containers; and Formatted: Indent: Left: 0", Hanging: 1.5" c. Food and beverages are prepared and sold for off-site-- Deleted: 3. consumption. Formatted: Indent: Left: 0", Hanging: 2" r3. Vending from a Produce/Seafood Truck generally has the- Formatted: Indent: Left: folliowing characteristics: Hanging: 1.5" Deleted: a. Food is paid for prior to consumption: and b. Food is sold for off-site consu and/or preparation. �. "Vendor"/"Operator" shall mean any7purpose o o sells and makes-\ Deleted: ¶ immediate delivery, or offers for salee elivery, any goods, i wares, or merchandise, or drives, ends, or prepares food Formatted: Indent: Left: 0", on or from a Motorized Food W ryance. Hanging: 1" 9.18.030 Regulation of Sales It shall be unlawful for any erson to Ve pt to engage in Vending or operate any vehicle or conduct siness for of Vending from any vehicle, Motorized Food Wagon or e�arked, or standing upon an r� Deleted: , public street, alley, highway, or pro o te stye ley, or property within the City of Lodi except in accordance with pplic isio of this Code. 9.18.040 Perm A person 1Wng to en,"e in a ve operation, as defined by this Chapter, shall submit a wri gn Pe t to Operate to the City Manager or designee i ac pporting information required by the City of Lodi. tioccomp ied by a non-refundable, non -transferable appli fee in be established from time to time by Resolution of the Council. An shall be required to be renewed annually and a separ on-refundablrable application fee shall be paid annually for such renewal ication. Ven must have the permit in their possession when vending. There mu at least Vendor with a valid permit present whenever Vending is taking place. A. A r must obtain a background check in accordance with the requir ments of Section 9.16.030 of this Code. B. Every Vendor shall obtain a City of Lodi Business Tax Certification. C. As part of the Permit to Operate application, the Vendor or Business Owner shallprovide the following: Deleted: or Deleted: 1. Proof of current vehicle registration and a copy of an applicable vehiclejnsurance policy for anT vehicles used in the vending Deleted: activity. 3 2. Four photographs (showing different exterior views) of each The fl Permit grounds for denial of an Application for atFormatted: Indent: Left: 0", Hanging: 1" 1. The nding operation or activity as proposed by the applicant do of comply with all applicable laws including, but not limited t applicable building, zoning, housing, fire, safety, and health lations under State law and this Code; 2. "The applicant is unable to obtain the required Peddler's license, pursuant to LMC Section 9.16.030 due to a criminal background check; 3. The applicant has, within three (3) years immediately preceding the date of filing of the Application, had a Permit to Operate, Peddler's License, or related permit, which was issued within the State of California, suspended or revoked; 4 Deleted: Motorized Food Wagon or Conveyance. 3. A copy of a current San Joaquin County Environmental Health permit for any Motorized Food Wagon_ Deleted: food service vending operation 4. A copy of the Vendor or Business Owner's current Business Tax Deleted: . Certification and applicable Board of Equalization Seller's Permit. 5. Vendor o�rBusiness Owner, must show,Agroof of payment to a� Deleted: For Mobile Food Commissary for the prior twelve onths for all cases Deleted: s jnvolving the reissuance of a Permifi goof of current payment for,pew Vendors. Deleted: , Formatted: Indent: Left: 0", 6. If the Vendor is operating o ate prope a Business Owner \ Hanging: 1.5" shall provide the followin Deleted: s Deleted: a. an affidavit in a f pproved jjy the City f e property Deleted: (ifpther tha erm' he Vendor to ate on the _owner site; Deleted: Deleted: b. a Site PI wn to seal with dimensions, indicating the I(o buildin tructures, driveways, parking spaces, tra co d im ments, and the location or areas wher a pr en activity, structures, and ements o ding activity will be located po site; a c. fan a it from a business or location providing the Deleted: in the case of Mobile Food req om ties for food service workers, stating the Vendors, sties are being made available to the ile Food Ve The fl Permit grounds for denial of an Application for atFormatted: Indent: Left: 0", Hanging: 1" 1. The nding operation or activity as proposed by the applicant do of comply with all applicable laws including, but not limited t applicable building, zoning, housing, fire, safety, and health lations under State law and this Code; 2. "The applicant is unable to obtain the required Peddler's license, pursuant to LMC Section 9.16.030 due to a criminal background check; 3. The applicant has, within three (3) years immediately preceding the date of filing of the Application, had a Permit to Operate, Peddler's License, or related permit, which was issued within the State of California, suspended or revoked; 4 Deleted: 4. The applicant has knowingly made a material misstatement in the Application for a Permit to Operate; 5. There have been excessive calls for service to the Lodi Police Department within the twelve (12) months preceding the Application with inadequate response by the Vendor or Business Owners or operators, involving the commission of crimes, disturbances, public nuisances, or applicable LMC violation investigations, which are located, committed, or generated on the premises of the Vending operation. 6. Failure to obtain clearance froAtcrized n Joaquin County Environmental Health for operation of Food Wa on or Conveyance. E. As an alternative to a denial of nA II ion fo ermit to Operate for failure to meet the requirements is Chapter, City Manager or designee may issue a Conditio ermit to Operat id Conditional Permit to Operate shall b ed with conditions sed on the operation of the premises. Al itions s e complied in order to maintain the Conditional Permi p In a valid status. Failure to comply with the impo ed conditio bject the Conditional Permit to Operate to suspen /or revoc procedures under this Chapter or any other remedy by law. Deleted: a t Formatted: Indent: Left: 0" ----------------- t Formatted: Bullets and Numbering Chapter. In the event of a sale, the seller's vendor permit shall immediately become null and void and the seller shall no longer conduct business pursuant to this Chapter. Within five business days of any sale or transfer, the seller shall notify the City of such sale and shall provide any proof of sale as may be required by the City. 5 1 9.18.050 Location A. A Vendor may locate and operate in the public right-of-way subject to the following conditions: 1. A Vendor shall not operate within three hundred (300) feet of any school grounds, park, playground, or City operated recreation center. 2. A Vendor shall not operate within one hundred (100) feet of any street intersection. 3. In addition to the above, a Vendor m ply with the following regulations, depending upon the typ se in which it is located: a. Residential Use Area: i. In aReside less than (10) s location wi previous I se Area, a r shall move not undred (400) fee east every ten and m not retur a previous thin hundred (4 feet of a n e same calendar day. operation are from 7:00 a.m. to within four hundred In a CoMuercial Use Area, a Vendor shall move t`h four hundred (400) feet at least every threuWnours and may not return to a previous location or within four hundred (400) feet of a previous location on the same calendar day. Permitted hours of operation are from 6:00 a.m. to 12:00 a.m. If a Vendor is located in a Commercial Use Area and is within four hundred (400) feet of a residence, Vendor shall comply with the requirements listed above for Residential Use Area. C. Industrial Use Area: i. In an Industrial Use Area, a Vendor may operate twenty-three (23) hours a day. ii. If a Vendor is located in an Industrial Use Area and - is also within four hundred feet_(400Lfeet of a residence, it shall poly with the requirements listed above for Residential Pse Area. 0 Deleted: ¶ Formatted: Indent: Left: 0", Hanging: 2.5" Deleted: Deleted: Deleted: 4. No Vendor shall be located or maintained on public property, including bicycle pathways, inconsistent with any provision of this Code. B. A Vendor may locate on private property subject to the following conditions: 1. Incidental to a primary use with the primary use having a valid City -Formatted: Indent: Left: 0", of Lodij3usiness Tax Certification; Hanging: 1.5" Deleted: 2. A Vendor shall not be the primary us a parcel unless the parcel is developed in accordance wit standards of the City's Deleted: at Development Code for that use an oning designation for the Deleted: at parcel. 3. A Vendor shall not be perm' s an ac ry use to a stand- alone parking lot. 4. A Vendor cannot utili be locate on, parking es required- Formatted: Indent: Left: 0", for the primary use n arcel. Hanging: 1.5" Deleted: at that property 5. A Vendor cannot be locat vacant, undeveloped parcel or - lot. Formatted: Indent: Left: 0", Hanging: 1.5" 6. A Vendor mus n a p concrete or asphalt parking surface. 7. cann ere access, aisles, circulation, eway fire la nd hydrants. 8. Vend o nnot inte with pedestrian movement or create a on privaMwproperty within two -hundred feet of a zone is permitted only through the provisions of a ermit to Operate. Conditions will not be imposed in a r th nreasonably prevents Mobile Food Vendors from ng so ely because they are within two -hundred feet of a itial zone. 9.18.060 A. Any 'rson engaged in Vending conducted in connection with the operations of a state -certified open-air market or an authorized street fair or event under a special event permit, lease, real property license, agreement, or other entitlements issued by the City of Lodi. B. Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale. C. ,This Chapter shall not apply to the sale or distribution of any newspaper, Deleted: Section 9.18.050 flier, or handbill. 7 9.18.070 Application of Other Laws and Regulations A. The provisions of this Chapter prohibiting the stopping or parking of a vehicle shall apply at all times or at those times specified by this Chapter, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. B. The provisions of this Chapter imposing a time limit on stopping or parking shall not relieve any person from the dut to observe other more restrictive provisions of the California Vehicle e, this Code or any other ordinances of the City, prohibiting or li the stopping or parking of vehicles in specified places or at specifi s. 9.18.080 �W Condition/Appearance of Vendinq The Vending site shall be m times. No tables, chairs, fences, s (permanent or otherwise) or any conjunction with theAWndor, exce Permit to Operate p of Sec Should any other sitdJ operationsJ& Vendor`s to ensuldiplow and buildi d zo requl manner at all -Formatted: Indent: Left: 0", Hanging: 1" Fs, or other furniture, ig signs shall be permitted in rmitted under the Conditional .040(E). for on-going Vending for appropriate permits stency with applicable , equipment, materials, goods, wares, Vendor is prohibited. Food Wagoner Conveyance splay, in plain view and at all times, current permits kheir vehicle. Food Wagon or Conveyance used in the course of be entirely self-sufficient in regards to gas, water, and ShoBWny utility hook-ups or connections to on-site utilities be required, the Vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations. C. The Vendor shall not discharge items from any Motorized Food Wagon or Conveyance vehicle onto the sidewalk, gutter, storm inlets, or streets. 9.18.100 Lighting The Vendor shall install adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties. 0 Deleted: and 9.18.110 A. B 9.18.120 A. 9.18.1 Sanitation All Motorized Food Wagons or Conveyances shall operate out of a Commissary pursuant to California Health and Safety Code Section 114287. All Motorized Food Wagons or Conveyances shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such a vehicle, and the Vendor of the Motorized Food Wagon or Conveyance shall pick up all refuse generated by such operation within atwenty-five (25) foot radius vehicle before such vehicle is moved. No Vendor shall dispose trash or refuse in any such public or private trash receptacle than a trash receptacle owned, operated, or otherwise provide n der the control of such Vendor. A Motorized Food Wagon or anee shall co with California Health and Safety Code Se 14299.5 regarding vailability of adequate toilet facilities for u food serAW personnel. Safety and Security No Vending shall bE Conveyance has be manner. The VemINDW 9.18.140 nali Any pers mandatory require A. Fines 1. 2. the Motorized Food Wagon or stop and parked in a lawful al inible location indicating that I a stomers may only remain on the lot for up fter Aftiving their food. %he n itering provisions of this Code. ins xisting Business shall be applicable to all persons and businesses ascribed activities were established before or after cting this Chapter into law. King any provisions or failing to comply with any of the of this Chapter is subject to the following penalties: Violations are subject to the Administrative Enforcement Provisions of this Code and the fines established in LMC Section 1.10.260; Three or more violations of this Chapter during any one-year period shall be deemed misdemeanors, punishable as specified in Section 1.08.010(B) of this Code. 0 B. Suspension/Revocation of Permit to Operate/Conditional Permit tot Formatted: Indent: Left: 0", Operate Hanging: 1" 1. Procedure In the event of a violation of the regulations of this Chapter, the City Manager or designee shall issue a Notice of Intent to Deleted: his/her Suspend or Revoke the Permit to Operate. The Vendor shall have the right to request a hearing, as provided in LMC Chapter 1.10, within ten (10) days of service of the Notice of Intent. If no hearing is requested, the Per to Operate shall be revoked or suspended upon the expiration of the al period set forth in LMC Chapter 1.10. 2. Basis for Suspension/Revocatio to Operate_ a. Any Permit to Opera y be sus ed and/or revoked by the City Mana designee afte view, where it is Deleted: his/her determined that - Formatted: Indent: Left: 0", j. The V has ed the prov s of this Hanging: 2.5" Chapter; o Deleted: ii. Vendor h mmitted any act or engaged in ich wo nstitute grounds for denial of Pe O pursuant to Section �. 040( Ch r; or The dor s engaged in fraud, misre sentation, or false statements in condu the vending operation or activity; or 9.18.150 Enforcement jjhjknlphas failed to correct a violation under thi er within the time period ordered by the Deleted: City; or The Vendor has operated or continued to operate without a Permit to Operate or after a Permit to Operate has been suspended orrevoked. Deleted: Suspension/Revocation of a Conditional Permit to ny Conditional Permit to Operate may be suspended or revoked for: i. Any of the basis to suspend or revoke a Permit to Operate set forth herein; or ii. Any violation of the terms of the Conditional Permit to Operate. 10 The provisions of this Chapter may be enforced by any peace officer. or the Deleted: or the Director of Code Enforcement Division of the Lodi Police Department. community Development or his/her designee SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 4. Severability. If any provision of this ordinan he application thereof to any person or circumstances is held invalid, such ' shall not affect other provisions or applications of the ordinance which can ive ct without the invalid provision or application. To this end, the provision this ordina re severable. The City Council hereby declares that it would hay pted this ordi irrespective of the invalidity of any particular portion thereof. SECTION 5. This ordinance shall be publish a ti he "Lodi New entinel," a daily newspaper of general circulation printed a d in the City of Lodi, and shall take effect thirty (30) days from an,r its passa d approval. CJ� Deleted: 1s` Deleted: August Deleted: 7 Deleted: BOB JOHNSON Attest: I, Randi JoTlWy Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduce at a regular meeting of the City Council of the City of Lodi held November 18, 2009, and was thereafter Rassed, adopted, and ordered to print at a regular meeting of said Council held _ by the followingvote-. _ AYES: COUNCIL MEMBERS NOES; COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 11 Deleted: July 18, 2007 Deleted: August 1, 2007 Deleted: Hansen, Hitchcock, Katzakian, Mounce, and Mayor Johnson Deleted: None Deleted: None ABSTAIN: COUNCIL MEMBERS —, Deleted: None I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: P. Cit) RAND JOHL, City Clerk 12 Deleted: ¶ Deleted: ¶ By _4 JANICE D. MAGDICH¶ Deputy City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 9 — PUBLIC PEACE, MORALS, AND WELFARE BY REPEALING AND REENACTING CHAPTER 9.18, "VENDING ON STREETS, SIDEWALKS AND PRIVATE PROPERTY" IN ITS ENTIRETY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code (LMC) Title 9 — Public Peace, Morals, and Welfare — Chapter 9.18, "Vending on Streets and Sidewalks," is hereby repealed and reenacted in its entirety to read as follows: Chapter 9.18 VENDING ON STREETS, SIDEWALKS AND PRIVATE PROPERTY 9.18.010 Declaration of Purpose The City Council expressly finds that the vending of produce and prepared or prepackaged foods, goods, wares, and/or services on public streets, sidewalks, or alleys and on private property pose unsafe conditions and special dangers to the public health, safety, and welfare of the residents of the City of Lodi. It is the purpose and intent of the City Council, 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. ti1�iE:iEiYZi��Z il;tfif 1� A. "Business Owner" shall mean any person, firm, or corporation, which owns or controls any interest in any business engaged in vending as defined in Subsection J hereof. B. "Commissary" shall mean a food establishment in which food, containers, equipment, or supplies are stored or handled for use in Motorized Food Wagons or Conveyance. C. "Conveyance," as used in this Chapter, means any vehicle (except Motorized Food Wagons, as defined below), trailer, 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. D. "Linear Frontage" is the method used to determine distances as used in this Chapter. E. "Mobile Food Vendor" shall mean any person as defined in this Chapter, who owns, controls, manages, and/or leases a Motorized Food Wagon, Conveyance or Produce/Seafood Truck; and/or contracts with a person(s) to drive, operate, prepare foods, and/or vend from a Motorized Food Wagon, Conveyance or Produce/Seafood Truck. F. "Motorized Food Wagon" shall mean any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, pre-packaged, 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 Lodi, including a Produce/Seafood Truck (as defined below) and a Motorized Food Production Unit (as defined below). For the purposes of this Chapter, a Motorized Food Wagon shall also include any trailer or wagon pulled by a vehicle. G. "Motorized Food Preparation Unit" means any vehicle or trailer and vehicle combination as defined in Section 670 of the California Vehicle Code which is equipped to 1) prepare and sell or 2) cook and sell food products. H. "Persons" shall mean any person, firm, partnership, association, or corporation, and includes, but is not limited to, owners, operators, drivers, lessors, and lessees of Motorized Food Wagons and Conveyances. "Produce/Seafood Truck" means any vehicle as defined by Section 670 of the California Vehicle Code which sells raw produce or seafood J. "Vend" or "Vending" shall mean the sale of any goods, wares, merchandise, prepared, pre-packaged, or unprepared, unpackaged food or foodstuffs of any kind from private or public property. 1. Vending from a Motorized Food Wagon generally has the following characteristics: a. Food is ordered and served from a take-out counter that is integral to the Motorized Food Wagon and there is typically a space for customer queuing; b. Food is paid for prior to consumption; C. Food and beverages are served in disposable wrappers, plates, or containers; and d. Food and beverages are prepared and sold for off-site consumption. 2. Vending from a Conveyance generally has the following characteristics: a. Food is paid for prior to consumption; 2 b. Food and beverages are served in disposable wrappers, plates, or containers; and C. Food and beverages are prepared and sold for off-site consumption. 3. Vending from a Produce/Seafood Truck generally has the following characteristics: a. Food is paid for prior to consumption; and b. Food is sold for off-site consumption and/or preparation. K. "Vendor"/"Operator" shall mean any person who sells and makes immediate delivery, or offers for sale and immediate delivery, any goods, wares, or merchandise, or drives, operates, vends, and/or prepares food on or from a Motorized Food Wagon or Conveyance. 9.18.030 Regulation of Sales 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, Motorized Food Wagon or Conveyance parked, stopped, or standing upon any public street, alley, highway, or property, or private street, alley, or property within the City of Lodi except in accordance with all applicable provisions of this Code. 9.18.040 Permit to Operate A person desiring to engage in a vending operation, as defined by this Chapter, shall submit a written application for a Permit to Operate to the City Manager or designee in a form acceptable to and with all supporting information required by the City of Lodi. Such application shall be accompanied by a non-refundable, non -transferable application fee in an amount as may be established from time to time by Resolution of the City Council. Any such permit shall be required to be renewed annually and a separate non-refundable, non -transferable application fee shall be paid annually for such renewal application. Vendors must have the permit in their possession when vending. There must be at least one Vendor with a valid permit present whenever Vending is taking place. A. A Vendor must obtain a background check in accordance with the requirements of Section 9.16.030 of this Code. B. Every Vendor shall obtain a City of Lodi Business Tax Certification. C. As part of the Permit to Operate application, the Vendor or Business Owner shall provide the following: Proof of current vehicle registration and a copy of an applicable vehicle insurance policy for any vehicles used in the vending activity. 3 2. Four photographs (showing different exterior views) of each Motorized Food Wagon or Conveyance. 3. A copy of a current San Joaquin County Environmental Health permit for any Motorized Food Wagon. 4. A copy of the Vendor or Business Owner's current Business Tax Certification and applicable Board of Equalization Seller's Permit. 5. Vendor or Business Owner must show proof of payment to a Commissary for the prior twelve (12) months for all cases involving the reissuance of a Permit; and proof of current payment for new Vendors. 6. If the Vendor is operating on private property, the Business Owner shall provide the following: a. an affidavit in a form approved by the City from the property owner (if other than self) permitting the Vendor to locate on the site; b. a Site Plan, drawn to scale and with dimensions, indicating the location of all existing buildings, structures, driveways, parking spaces, traffic controls, 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; and c. 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 to the Mobile Food Vendor. The following may constitute grounds for denial of an Application for 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 under State law and this Code; 2. The applicant is unable to obtain the required Peddler's license, pursuant to LMC Section 9.16.030 due to a criminal background check; 3. The applicant has, within three (3) years immediately preceding the date of filing of the Application, had a Permit to Operate, Peddler's License, or related permit, which was issued within the State of California, suspended or revoked; 4 4. The applicant has knowingly made a material misstatement in the Application for a Permit to Operate; 5. There have been excessive calls for service to the Lodi Police Department within the twelve (12) months preceding the Application with inadequate response by the Vendor or Business Owners or operators, involving the commission of crimes, disturbances, public nuisances, or applicable LMC violation investigations, which are located, committed, or generated on the premises of the Vending operation. 6. Failure to obtain clearance from San Joaquin County Environmental Health for operation of a Motorized Food Wagon or Conveyance. E. As an alternative to a denial of an Application for a Permit to Operate for failure to meet the requirements of this Chapter, the City Manager or designee may issue a Conditional Permit to Operate. Said Conditional Permit to Operate shall be issued with conditions imposed on the operation of the premises. All conditions shall be complied with in order to maintain the Conditional Permit to Operate in a valid status. Failure to comply with the imposed conditions will subject the Conditional Permit to Operate to suspension and/or revocation procedures under this Chapter or any other remedy authorized by law. 9.18.045 Permit Caps A. The total number of vendor permits issued pursuant to this Section shall not exceed the numbers set forth below: 1. MOTORIZED FOOD PREPARATION UNITS: 22 2. PRODUCE/SEAFOOD TRUCKS: 3 B. In the event a vendor permit issued pursuant to this Chapter is either revoked or is allowed by its holder to expire it shall immediately become null and void and shall be forfeited. Any permit forfeited under this Chapter shall be available to any other person who first complies with all other applicable provisions of this Chapter and this Code. C. In the event the holder of any vendor permit under this Chapter ceases operations in Lodi, any permits issued pursuant to this section shall be transferable provided that the transferee meets all other provisions of this Chapter. In the event of a sale, the seller's vendor permit shall immediately become null and void and the seller shall no longer conduct business pursuant to this Chapter. Within five business days of any sale or transfer, the seller shall notify the City of such sale and shall provide any proof of sale as may be required by the City. 5 9.18.050 Location A. A Vendor may locate and operate in the public right-of-way subject to the following conditions: 1. A Vendor shall not operate within three hundred (300) feet of any school grounds, park, playground, or City operated recreation center. 2. A Vendor shall not operate within one hundred (100) feet of any street intersection. 3. In addition to the above, a Vendor must comply with the following regulations, depending upon the type of use in which it is located: a. Residential Use Area: In a Residential Use Area, a Vendor shall move not less than four hundred (400) feet at least every ten (10) minutes and may not return to a previous location or within four hundred (400) feet of a previous location on the same calendar day. ii. Permitted hours of operation are from 7:00 a.m. to 8:00 p.m. iii. A Vendor may not be located within four hundred (400) feet of another Vendor. b. Commercial Use Area: In a Commercial Use Area, a Vendor shall move not less than four hundred (400) feet at least every three (3) hours and may not return to a previous location or within four hundred (400) feet of a previous location on the same calendar day. ii. Permitted hours of operation are from 6:00 a.m. to 12:00 a.m. iii. If a Vendor is located in a Commercial Use Area and is within four hundred (400) feet of a residence, Vendor shall comply with the requirements listed above for Residential Use Area. C. Industrial Use Area: In an Industrial Use Area, a Vendor may operate twenty-three (23) hours a day. ii. If a Vendor is located in an Industrial Use Area and is also within four hundred feet (400) feet of a residence, it shall comply with the requirements listed above for Residential Use Area. A 4. No Vendor shall be located or maintained on public property, including bicycle pathways, inconsistent with any provision of this Code. B. A Vendor may locate on private property subject to the following conditions: 1. Incidental to a primary use with the primary use having a valid City of Lodi Business Tax Certification; 2. A Vendor shall not be the primary use of a parcel unless the parcel is developed in accordance with the standards of the City's Development Code for that use and the zoning designation for the parcel. 3. A Vendor shall not be permitted as an accessory use to a stand- alone parking lot. 4. A Vendor cannot utilize, or be located on, parking spaces required for the primary use on the parcel. 5. A Vendor cannot be located on a vacant, undeveloped parcel or lot. 6. A Vendor must be located on a paved concrete or asphalt parking surface. 7. A Vendor cannot interfere with access, aisles, circulation, driveways, or fire lanes and hydrants. 8. A Vendor cannot interfere with pedestrian movement or create a pedestrian hazard. 9. Vending on private property within two -hundred feet of a residential zone is permitted only through the provisions of a Conditional Permit to Operate. Conditions will not be imposed in a manner that unreasonably prevents Mobile Food Vendors from operating solely because they are within two -hundred feet of a residential zone. 9.18.060 Exemption A. Any person engaged in Vending conducted in connection with the operations of a state -certified open-air market or an authorized street fair or event under a special event permit, lease, real property license, agreement, or other entitlements issued by the City of Lodi. B. Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale. C. This Chapter shall not apply to the sale or distribution of any newspaper, flier, or handbill. 7 9.18.070 Application of Other Laws and Regulations A. The provisions of this Chapter prohibiting the stopping or parking of a vehicle shall apply at all times or at those times specified by this Chapter, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. B. The provisions of this Chapter imposing a time limit on stopping or parking shall not relieve any person from the duty to observe other more restrictive provisions of the California Vehicle Code, this Code or any other ordinances of the City, prohibiting or limiting the stopping or parking of vehicles in specified places or at specified times. 9.18.080 Condition/Appearance of Vending Site A. The Vending site shall be maintained in a safe and clean manner at all times. B. No tables, chairs, fences, shade structures, or other site furniture, (permanent or otherwise) or any freestanding signs shall be permitted in conjunction with the Vendor, except as permitted under the Conditional Permit to Operate provisions of Section 9.18.040(E). C. Should any other site improvements be needed for on-going Vending operations, the Vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations. D. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the Vendor is prohibited. 9.18.090 Condition/Appearance of Motorized Food Wagon or Conveyance A. The Vendor shall display, in plain view and at all times, current permits and licenses in or on their vehicle. B. Any Motorized Food Wagon or Conveyance used in the course of Vending shall be entirely self-sufficient in regards to gas, water, and telecommunications. Should any utility hook-ups or connections to on-site utilities be required, the Vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations. C. The Vendor shall not discharge items from any Motorized Food Wagon or Conveyance vehicle onto the sidewalk, gutter, storm inlets, or streets. 9.18.100 Lighting The Vendor shall install adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties. .11 9.18.110 Sanitation A. All Motorized Food Wagons or Conveyances shall operate out of a Commissary pursuant to California Health and Safety Code Section 114287. B. All Motorized Food Wagons or Conveyances shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such a vehicle, and the Vendor of the Motorized Food Wagon or Conveyance shall pick up all refuse generated by such operation within a twenty-five (25) foot radius of the vehicle before such vehicle is moved. No Vendor shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such Vendor. C. A Motorized Food Wagon or Conveyance shall comply with California Health and Safety Code Section 114299.5 regarding the availability of adequate toilet facilities for use by food service personnel. 9.18.120 Safety and Security A. No Vending shall be permitted except after the Motorized Food Wagon or Conveyance has been brought to a complete stop and parked in a lawful manner. B. The Vendor shall install signage in a visible location indicating that loitering is not permitted and customers may only remain on the lot for up to fifteen (15) minutes after receiving their food. C. The Vendor shall enforce the no loitering provisions of this Code. 9.18.130 Applicability of Regulations to Existing Business The provisions of this Chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this Chapter into law. 9.18.140 Penalties Any person violating any provisions or failing to comply with any of the mandatory requirements of this Chapter is subject to the following penalties: A. Fines 1. Violations are subject to the Administrative Enforcement Provisions of this Code and the fines established in LMC Section 1.10.260; 2. Three or more violations of this Chapter during any one-year period shall be deemed misdemeanors, punishable as specified in Section 1.08.010(B) of this Code. 9 B. Suspension/Revocation of Permit to Operate/Conditional Permit to Operate 1. Procedure In the event of a violation of the regulations of this Chapter, the City Manager or designee shall issue a Notice of Intent to Suspend or Revoke the Permit to Operate. The Vendor shall have the right to request a hearing, as provided in LMC Chapter 1.10, within ten (10) days of service of the Notice of Intent. If no hearing is requested, the Permit to Operate shall be revoked or suspended upon the expiration of the appeal period set forth in LMC Chapter 1.10. 2. Basis for Suspension/Revocation of Permit to Operate: a. Any Permit to Operate may be suspended and/or revoked by the City Manager or designee after a review, where it is determined that: i. The Vendor has violated the provisions of this Chapter; or ii. The Vendor has committed any act or engaged in action, which would constitute grounds for denial of a Permit to Operate pursuant to Section 9.18.040(D) of this Chapter; or iii. The Vendor has engaged in fraud, misrepresentation, or false statements in conducting the vending operation or activity; or iv. The Vendor has failed to correct a violation under this Chapter within the time period ordered by the City; or V. The Vendor has operated or continued to operate without a Permit to Operate or after a Permit to Operate has been suspended or revoked. 3. Basis for Suspension/Revocation of a Conditional Permit to Operate: a. Any Conditional Permit to Operate may be suspended or revoked for: Any of the basis to suspend or revoke a Permit to Operate set forth herein; or ii. Any violation of the terms of the Conditional Permit to Operate. 10 9.18.150 Enforcement The provisions of this Chapter may be enforced by any peace officer, or the Code Enforcement Division of the Lodi Police Department. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 5. This ordinance shall be published one time in the "Lodi News -Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, and shall take effect thirty (30) days from and after its passage and approval. Approved this day of , 2009 LARRY HANSEN Mayor Attest: RANDIJOHL City Clerk ------------------------------------------------------------------- ------------------------------------------------------------------- 11 State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held November 18, 2009, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , by the following vote: AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: D. STEPHEN SCHWABAUER City Attorney RAND JOHL, City Clerk 12 RECEIVED 2009 NOURGEN / CITY CLERK CITY Of LOfJ)