HomeMy WebLinkAboutMinutes - May 1, 2007 SSCITY OF LODI
INFORMAL INFORMATIONAL MEETING
"SHIRTSLEEVE" SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, MAY 1, 2007
An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday,
May 1, 2007, commencing at 7:00 a.m.
A. ROLL CALL
Present: Council Members — Hansen, Hitchcock, Katzakian, Mounce, and Mayor Johnson
Absent: Council Members — None
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
B. TOPIC(S)
B-1 "Review and Discussion of Proposed Vending Ordinance"
Community Improvement Manager Joseph Wood provided a presentation regarding a
proposed ordinance for mobile food vendors. Specific topics of discussion included the
Stockton ordinance, previous difficulties and complaints with mobile food vending
operations, land use issues regarding vending, specific Municipal Code sections affected by
vending operations, discussions between local mobile food vendors and staff, permit to
operate, process and specific conditions outlined in proposed ordinance, location, time
limitations, operations on private property versus public property, sanitation concerns,
health regulations, post and enforce no loitering, penalty standards, and available options.
In response to Council Member Hansen, Mr. Wood stated he is not aware of any lunch
truck mobile vendors operating in the residential areas.
Discussion ensued between Council Member Hansen, Mayor Pro Tempore Mounce, and
Mr. Wood regarding the impact of a 100 and 300 foot buffer on current lunch truck vendor
operations and alternatives to the buffers including hours of operation, electrical hook-ups,
traffic safety, and proximity to residential units.
In response to Mayor Pro Tempore Mounce, City Attorney Schwabauer stated the buffers
apply to the public right of ways and not to private property.
In response to Mayor Johnson, Mr. Wood stated there are no general limitations as to
hours of operation for a vendor truck, but there are some limitations in a commercial area.
In response to Council Member Hansen, Mr. Wood provided an example of an approved
permanent table and chair set-up in Modesto, which allows for multiple vendors to operate
in the planned area. Mr. Wood stated Stockton does not appear to have any buffer
regulations or other restrictions other than operations are not permitted in residential areas.
Discussion ensued between Council Member Hansen, Mayor Pro Tempore Mounce, and
City Manager King regarding the need for paved lots, current operations on Lodi Avenue and
Main Street, standards of operation for mobile food vending, and a workable solution to
address various concerns such as concentration, residential impact, food handling, site
access, and design issues.
In response to Council Member Hansen, Mr. Wood stated health regulations require
restroom facilities within 200 feet and business owner permission for food handler purposes
for any vendor that is parked in one location for an extended period of time.
In response to Mayor Johnson, the only alternative for vendors, who do not have access to
restroom facilities with hot water within 200 feet, is to go somewhere else. Community
Development Director Hatch stated the idea is to allow operations in a safe and healthy
manner so as to meet all regulations imposed upon the vendors and the City. He stated
individual review lends itself well to that.
Continued May I, 2007
In response to Mayor Pro Tempore Mounce, Mr. Wood stated the language addresses
push carts and ice cream trucks with an option to address all vending in residential areas.
In response to Mayor Pro Tempore Mounce, Mr. Hatch stated there are no buffer
restrictions currently and the hours of operation restrictions might be a good alternative to
buffers.
In response to Mayor Pro Tempore Mounce, City Attorney Schwabauer stated Stockton
does not have a specific buffer requirement for commercial operating next to residential. He
also stated a conditional use permit may address some of these concerns.
City Manager King stated the matter will likely be reagendized in June.
PUBLIC COMMENTS:
00 David LeBeouf, legal counsel for some of the vendors, spoke in opposition to a buffer
and suggested hours of operation restrictions as a good alternative. He specifically
discussed the progress of the ordinance, buffer concerns regarding restrictions on
doing business on main streets, the effectiveness of the permit process, encroachment
permits as overkill, hearing requirements for due process, and the Stockton ordinance.
City Attorney Schwabauer explained the due process rights that would be available for
permit revocation.
In response to Mayor Pro Tempore Mounce, Mr. LeBeouf agreed that vending is not
permitted in residential areas.
Discussion ensued between Council Member Hitchcock and Mr. LeBeouf regarding the
differences between indoor and outdoor business operations, trips in and out of the
business, loitering and noise concerns, and permanent seating.
oo Eileen St. Yves spoke in opposition to buffer restrictions and in favor of mobile food
vendors in general based on her previous experience with indoor businesses and her
beliefs in free enterprise and competition.
In response to Mayor Pro Tempore Mounce, Senior Traffic Engineer Paula Fernandez
stated the distance between the operation on Turner Road and Church Street and the
residential across the street is within a 100 foot radius.
Discussion ensued between Maria Lopez and Mayor Pro Tempore Mounce regarding a
specific noise incident that occurred at the Cherokee Lane and Locust Street location.
City Manager King stated it is important to avoid a case by case determination and the
preference is to treat a class of business similarly to one another.
In response to Mayor Johnson, Mr. Hatch stated the permit to operate will be the
equivalent of a conditional use permit and the Council can preclude tables and chairs
outright; although, Stockton permitted the tables and chairs in certain areas as more of
a land use decision.
In response to Mayor Pro Tempore Mounce, Mr. Wood stated a 100 foot buffer would
affect approximately nine vendors and a 400 foot buffer between vendors would affect
approximately four to five vendors.
C. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
None.
D. ADJOURNMENT
No action was taken by the City Council. The meeting was adjourned at 8:22 a.m.
ATTEST:
Randi Johl, City Clerk
2
AWKDA ITEM
CITY OF Low
qW COUNCIL COAMUNICATION
1M
AGEIA TITLE: Revietry and Discussion of Proposed Vending Ordinance
MEETWG GATE: May 1, 2007
PREPARED BY: Community Improvement Manager
6-I
RECOOIIIi EINI D ACTION: Review and comment on information presented regarding a
proposed Vending Ordinance.
BAICKOROUND iNPORMASION: The issues related to nuisance conditions and activities associated
with mobile vendor operations in general, and mobile food vendom
more specifically, has been a topic of discussion before the Lodi
City Council since 1999.
More recently, in July of 2006, Staff provided a summary of the issues being faced in the community
related -to mobile food vendors and other itinerant merchants, as well as various options for enforcement
and challenges related to each. Subsequent to the direction that was given and implemented from that
meeting, Staff brought this issue back before the Council on September 20, 2006, in response from bath
the vendors affected by the enforcement action and their customer -base in the community. Direction was
given at that time to review ordinances from other jurisdictions and to return with a model ordinance that
would address both mobile good vendors and itinerant merchants.
In this presentation to the Council, Staff presents a draft of a Vending Ordinance that addresses vending
activities on both public streets, sidewalks and alleys, and on private property. Likewise, it addresses
both mobile food vendors, be that motorized or pushcart, and the itinerant merchants of a variety of
goods and merchandise.
IssuesAo _ ress
There flave been specific incidents over the past several years to support our concerns regarding health
and satety hazards related b certain food vending operations. from traffic hazards to inadequate
sanitation or restroom facilities, to unsafe electrical and plumbing, these documented incidents have
made K clear that there is a need for certain regulations to safeguard the general public's health and
safety.
As with any land use, the issue of incompatibility between adjacent commercial and residential uses
became a source of conflict. Several of the food vendor sites located along Cherokee Lane were directly
adjacent to residential properties and complaints from residents in those areas pertaining to noise,
parking, traffic and general unsightliness were common. One method of addressing this issue was to
create defined buffers from any residential uses, regardless of zoning designation. The impact and
response to this option will be referenced later in this report.
APPROVED:
ng, City Manager
While mobile food vendors Were the most consistent source of complaints, the seasonal merchants,
setting tip either on street corners and sidewalks selling flowers, gift baskets and other themed
merchaihdise around Valentihe's Day and Mother's Day, and itinerant merchants in parking lots along
busy thoroughfares that display and sell flags, rugs, statues, paintings or other rather high profile wares
each weekend during the spring and summer. Local florists have contacted us each year to complain
about not only the impact that these itinerant flower merchants have on their holiday business, but also
the lack of business licensing and sales tax revenue that is lost by the City.
Consobation
As ide ied in the presentallIon of Juty 2006, the current regulations pertaining to vending activities are
spread throughout various chapters of the Lodi Municipal Code, making interpretation and application e#
the regations more difficult and confusing. One of the goals of this process has been to consolidate the
regulations as much as possible, thereby making interpretation and enforcement more user-friendly, for
both Staff and the public alike.
This consolidation also takesl in the regulations pertaining to motorized ice cream vendors that operate
from the street as weN as the pushcart food vendors that operate from both the streets and sidewalks,
and from private property.
Using e Moel
The attt, neer representing tho local food vendors, David LeBeouf, suggested the use of the City of
Stocktm's recently adopted ordinance as a model. After a review of ordinances from several cities and
countie.0 through California, the Stockton ordinance did stand out as the most recent version and from
Mr. Lefyiieoufs remarks, one that would face the least resistance from the vending community.
Prepariw ft *del II.Qrdinarwe
As earlo as 190, Staff had $oked at revising the current Lodi Municipal Corte Chapter 9.18 - Selling on
Street and Sidewalks, to incorporate the consolidation of the pertinent regulations currently found in
several chapters of the Municipal Code. This still remains the most likely location in which to place these
regulations. The other aspect of the model ordinance is the incorporation of regulations that pertain to
activities from private property. Many of the ordinances that were reviewed in preparing this model, have
the private property regulations incorporated into the Development Code. For the most part, the
Development Codes noted during this process are more modern than our current Zoning Ordinance, as
they have recently been updated or implemented. As we are just beginning what could be a lengthy
process of reviewing and adopting a new Development Code for Lodi, it seems most effective to
incorporate the appropriate regulations pertaining to private property into this model code and then
reference them during the adoption of any new Development Code in the future.
In our meeting with the vendors at the Lodi Improvement Committee meeting on April 3`d, 2007, we
presented a number of features that were under consideration for incorporation into the new ordinance.
In addition to the features of the City of Stockton's ordinance, there were two other key elements that
were presented.
One was to establish a set buffer between the food vendors and any residential use. Based upon the
criteria Jbr notification for land use issues, a buffer of 300' was the initial distance proposed for
discus n. That feature, dernonstrated on the map of all current food vending vehicle operations, would
restrict 12 of the 13 locations currently being used. It was noted that because of the close proximity to
residential at most of these locations, a reduction of that buffer to 100' would still have an adverse impact
on 9 of the 13 locations.
The second element, while not part of the Stockton ordinance for vendors, is still borrowed from
Stocktoti's Municipal Code. An annual Permit to Operate process would provide Staff the opportunity to
review the spec sites that the vendors intend on operating from. This site review would include much
of what is required for verification under the City of Stockton's regulations that we would propose to
implerrlient here; namely that the locations are developed appropriately for use, that the property owner
has authorized use of the property, that the required restroom facilities are provided, that all appropriate
business licensing, Peddler's license and Health Department permits have been obtained, and that they
have read and agree to abide by the regulations governing their vending operations. This element would
also provide the opportunity to review, suspend or revolve a vendor's Permit to Operate should any
nuisance conditions or code violations be noted, thereby providing a means of addressing specific issues
at each site rather than placing certain restrictions on the vendors as a whole.
The comments and concerns that were raised at that Lodi Improvement Committee meeting involved
mainly the creation of a buffer from residential properties, which would all but eliminate most all of the
current vending locations; and the fact that a permanent restaurant facility could open up at many of
these some locations without the same restrictions. It was pointed out that there is a significant
difference in the activities based at a restaurant establishment as opposed to a mobile food vendor site.
The Permit to Operate process could be crafted in such a fashion so as not to be too onerous for the
vendor. When discussed at the meeting with the vendors, it was received fairly well. While it was
originally presented as geared toward just those vendors that plan to operate from private property, it
would be just as easy to make it universal to cover all vendors and could even be adapted to include
special tent sales and other one-time events. Considering that, the Permit To Operate concept will be
proposed instead of a buffer from residential property.
Sum Pg posed Ord' nce
tie e
proceed ordma., the existing Chapter 9.18 — Vending on Streets and Sidewalks would be
repealer d and reintroduced ss Chapter 9.18 -- Vending on Streets, Sidewalks and Private Property. Match
of the Rode language comes from the City of Stockton's food vendor ordinance, with minor changes
throughout the body of the ordinance to reference "vendors" in general rather than just "mobile food
vendors."
New code language would be included in the following code sections:
• Section 9.18.010 — Declaration of Purpose; to provide findings and define the purpose and intent
of the ordinance.
• Section 9. 18.040 — hermit To Operate; to clarify the required submittals for vendors operating
from private property and to establish grounds for denial or further conditioning of the Permit to
Operate.
• Section 9. 18.060 — Exemption; in order to provide specific exemption to vending activities
conducted in association with other approved or regulated events.
• Section 9.18.090 — Condition/Appearance of Site; in order to restrict the placement of permanent
improvements on a site without the necessary building permit.
• Section 9.18.150 — F'ienalties; in order to provide for a process of suspension or revocation of the
Permit to Operate.
In addi4on, current code language from the Lodi Municipal Code is incorporated as follows:
• Section 9.18.060 — Exemptions; to include the current exemptions for the distribution of
newspapers, fliers or handbills.
• Section 9.18.470 — Eincroachment Permit; in order to incorporate LMC Section 10.44.080. The
Issue of whether this, Section is even necessary with the new Permit to Operate process is being
reviewed with Public Works and will be decided prior to the final draft of the ordinance.
• Section 9.18.150 — Penalties; to incorporate the current penalties. It is expected that language
will be added to allow for the penalties established under our Administrative Enforcement
Provisions to be incorporated or referenced.
The nce has b dlstrit l to the vacs : and *e City Atomeys OfteW
revie d oo mwrt The#xnrnanft that have been mauved at tris point are u fdilorws:
•-ILJSO Of the ptorase " caedithrns" in plate o f Iraf�c hatards";
• of"t prffic irv-SA6.040(C)( b);
• �1fM "o ntt d by � i t or stop sin• from Sec. 9.1&050(Ax2), impose IW rsatr4n
ro ' intatsed 1a eight probMsm for � Vefhc;
• idOMk �: of "*Why " In Sec. 9.1 S.t�5[ IBX 4);
• roe fes' kgee °10 rntnuW thesshold in Sec. 9.ISA 70 for td9gaft Encroad'rrneat Omit
relent.
FOCI# f T: NIA
Atlachm s
................................................
hapter 9.18 VENDING ON STREETS, SIDEWALKS ND PRIVATE PROPERTY................. ... ••' Co..m.m.ent:...Pur..pletex....t.i...
ndi.ca..tes..cur..r.ren
Lodicodelanguage.
............................................................................
9.18.010 Declaration of Purpose
Lodi. It is the purpose and intent of the City Council, in enacting this article, 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.
9.18.020 Definitions
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 F hereof.
B. "Commissary" shall mean a food establishment in which food, containers,
equipment, or supplies arestored or handled for use in motorized food wagons.
C. "Conveyance" as used in this chapter means any vehicle, 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 article, who
owns, controls, manages and/or leases a food vending vehicle, pushcart or
wagon: and/or,
contracts with a person(s) to drive, operate prepare foods and/or vend from a
food vending vehicle, pushcart or wagon.
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. For the purposes of this Division, a motorized food wagon shall
also include any trailer or wagon pulled by a vehicle.
G. "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.
H. "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 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 customer 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.
I. "Vendor"/"Operator" shall mean any person whosells and makes immediate
Comment: Underlined purple text
indicates new Lodi code language.
.................................................................
Comment: PW
Comment: Normal black text indicates
model code language taken from
Stockton Municipal Code.
delivery, or offers for sale and immediate delivery, any goods, wares, or
merchandise; ordrives, operates, vends, and/or prepares food on or from a
motorized food wagon.
9.18.030 Regulations For 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 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 vendor operation, as defined by this section,
shall submit a written applicationfor a Permit To Operate 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 established 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 yearly for such renewal application.
Vendors must have the permit in their possession when vending. There must be
at least one Vendor with a valid permitpresent whenever vending is taking place.
A. A Vendor must obtain a back round check in accordance with the
requirements ofOection 9.16.030�of this Code............................................................................................._
B. Every Vendor shall obtain a City of Lodi Business License.
C. As part of the Permit to Operate application, the Vendor or Business Owner
shall provide the following:
1) Proof of current vehicle registration and a copy of an applicable vehicle
insurance policy.
2) Four photographs (showing different exterior views) of each motorized food
wagon.
3) A copy of a current San Joaquin County Environmental Health permit.
4) A copy of their current business license and applicable0oard of Equalization
Seller's Permit.
5) For mobile food vendors, Business Owners must show proof of payment to a
commissary for the prior twelve (12) months for all cases involving the
reissuance of a Permit; and current proof of 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, raffic control and
structures and improvements related to the vending activity, will be located upon
the site .
c. 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. statina the hours that those facilities are beina made available.
or activity as proposed by the applicant does not
Comment: 9.16.030 Certificate of
Identification (aka: Peddler's Licem
Comment: As requested by City
comply with all applicable laws including, but not limited to, the applicable
building, zoning, housing, fire, safety, and health regulations;
2) The applicant is unable to obtain the required Peddler's licens due to a ..........; Comment: Doweneedtodefine?
:............................................................................:
criminal background check:
3) The applicant has, within three (3) years immediately preceding the date of
permit, which was issued within the state of California, suspended or revoked;
The applicant has knowingly made a material misstatement in the Application
for a Permit to Operate:
the twelve (12) months Drecedina the ADDlication with inadeauate response by
or business owners or operators. Involvina the comm
investigations, which are located, committed, or generated on the premises of the
vending operation.
6) Failure to get clearance from San Joaquin County Environmental Health.
E. As an alternative to a denial of a Permit to Operate for failure to meet the
requisite Housing, Building, Health, and Fire Codes, or failing to pass an
investigation conducted by the Lodi Police Department, Lodi Fire Department, or
the San Joaquin County Environmental Health. 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 or any other remedy authorized by law.
9.18.050 Location
A. A vendor may locate and operate in the public rightof-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. 16-eR+-..I'ee b y ,. tFaffie light eF ..+,.....7,...�
.......;..comment: PW
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:
i. In a Residential Use Area, avendorshall move not less than four hundred
400 feet at least eve ten 10 minutes and ma not return to a revious
. .
..............................................
.. .......................
.....
• comment: Stockton's Regs would
location or within four hundred (400) feet of a previous location on the same
allow 30 minutes in one location. Ten
i (10) minutes is in line with our current
Calendar da y
regsand I think is appropriate fora
ii. Permitted hours of operation are from 7:00 a.m. to 8:00 p.m.
I residential district. Also note that this is
iii. A vendor may not be located within four hundred (400) feet of another vendor.
i geared toward pushcart and ice cream
truck vendors, as the Lunch Wagons
b. Commercial Use Area:
i wouldn't have sufficient time under either!
i. In a Commercial Use Area, a vendor shall move not less than four hundred
the 10 or 30 minute timeframes.
............................................................................
(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, it 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 avendor 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.
4) No vendor shall be located or maintained on public property, including bicycle
pathways, inconsistent with any other City regulations.
B. A vendor may locate on private property subject to the following conditions:
1) Must be incidental to a primary use with a valid Business License; a temporary
vendor shall not be the primary use of a parcel and they shall not be permitted as
an accessory use to a stand-alone parking lot.
2) A vendor cannot utilize, or be located on, parking spaces required for the
primary use at that property.
2) A vendor cannot be located on a vacant, undeveloped parcel or lot.
3) A vendor must be located on a paved concrete or asphalt parking surface.
4) A vendor cannot interfere with access, aisles, circulation, driveways or fire
lanesond hydrants) or create an nsate condition tra# a ham)
.......": Comment: PW
5 A vendor cannot interfere with pedestrian movement or create 8 pedestrian
) P p
•••i Comment: PW
""""""""" Comment: P
hazard.
............................................................................
9.18.060 Exemption
A. Any person engaged in vending activities conducted in connection with the
operations of a state -certified open-air market or an authorized street fair or
event undera 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. Section 9.18.050 shall not apply to the sale or distribution of any newspaper,
flier or handbill.
9.18.070 Encroachment Permit (Repeals Section 10. 44.080)
A. (Notwithstanding section 9.18.050(A) of this code a person may stand or park a
conveyance upon or along a public street, right-of-way or sidewalk only in
accordance with the terms of a valid encroachment permit issued by the city
council. Said encroachment permit shall designate the specific location where
the conveyance may stand or park in addition to such other conditions and
limitations as the city council in its discretion may find necessary to the public
health, safety and general welfare.
............................................................................
......... ; comment: This iswhatailowsfor
Fugazi's Hot Dog Stand at the Post
B. In the event that the holder of any such permit is found by any court or
Officen one place)
should ncroacht what entPermtsberequire
should Encroachment Permits be required
competent jurisdiction to have violated any condition of a valid encroachment
for vendors operating in street or
ppermit issued in accordance with this section such encroachment permit shall be
p
! sidewalk? 10 minutes -residential? 3
hours -commercial? 23 hours -industrial?
immediately rendered void and said pers on shall be prohibited from seeking the
•••••••••••••••••••••••••••••••••••••••........................••••
reinstatement of said permit or the issuance of any additional encroachment
permit for a period of 180 calendar days from the date the previous permit was
rendered void.
9.18.080 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 i'
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.
9.18.090 Condition/Appearance of Site
A. The site shall be maintained in a safeand clean manner at all times.
B. No tables, chairs, fences, shade structures, or other site furniture, (permanent
or otherwise) or any free standing signs shall be permitted in conjunction with the
vendor, unless otherwise approved in accordance with subsection C.
C. Should any 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. Fxterior storage of refus , equipment, or materials associated with the vendor
...........................................................................................................
is prohibited.
9.18. 100 Condition/Appearance of Vehicle
A. The vendor shall display, in plain view and at all times, current permits and
licenses in or on their vehicle.
B. Any vehicle 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 buildingand zoninq regulations.
C. The vendor shall not discharge items from their vehicle onto the sidewalk,
gutter, storm inlets, or streets.
9.18.110 Lighting
The vendor shall install adequate lighting to ensure customer safety. Lighting
shall be directed downwards and away from public streets and adjacent
properties.
9.18.120 Sanitation
A. All food vending vehicles shall operate out of a commissary pursuant to
California Health and Safety Code section 114287.
B. All food vending vehicles shall be equipped with refuse containers large
enough to contain all refuse generated by the operation of such a vehicle, and
the vendor of thefood vending vehicle 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
Comment: Conflict noted between this
Section applying toright-of way and Sec.
9.18.120 which is geared toward private
property. Trash containers a must for
private property, but what about
placement of containers when they're
operating on streets/sidewalks? Relates
b ack to Encro ac hment Permit is sue.
9.18. 130
9.18. 140
9.18.150
private trash receptacle other than a trash receptacle owned, operated, or
otherwise provided by and under the control of such vendor.
C. � food vending vehicle shall comply with California Health and Safety Code
section 114299.5 regarding the availability of adequate toilet facilities for use by
food service personnel.)
Safety and Security
A. No vending shall be permitted except after the motorized food wagonor other
vending vehicle 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 rule.
Applicability Of Regulations To Existing Business
The provisions of this article 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 ordinance into law.
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. A person convicted of a violation of this chapter is guilty of an infraction,
punishable by a fine not exceeding one hundred dollars for the first violation;
2. A fine not exceeding two hundred and fifty dollars for a second violation of the
same provisions within one year;
3. Third and subsequent convictions for 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.
B. Suspension/Revocation of Permit To Operate
1. Any Permit to Operate issued hereunder maybe summarily and temporarily
suspended by the City Manager or designee in the event it is determined that the
holder of such Permit has committed any act, which would constitute grounds for
denial of a Permit to Operate pursuant to Section 9.18.040.(D) of this Chapter.
Any such suspension shall be accomplished by written notification of the
suspension and the reasons therefore, sent by certified mail, return receipt
requested, to the Operator's business address as approved in the Permit to
Operate.
2. Any Permit to Operate may be suspended and/or revoked by the City
Manager or designee after a review, where it is determined that:
(a) The Vendor has violated the provisions of this Chapter; or
(b) The Vendor has committed any act or engaged in action, which would
constitute grounds for denial of the Permit to Operate p ursuant to Section
9.18.040.(D) of thisChapter; or
(c) The Vendor has engaged in fraud, misrepresentation, or false statements in
conductina the vendina operation or activity: or
; or
to correct a violation within the time period ordered
Comment: Arequirement if they are
going to be remaining at one location for
more than 1 hour. One of the issues
checked during Permit to Operate
application.
(e) The Vendor has operated or continued to operate without a Permit to Operate
or after a Permit to Operate has been suspended.
9.18.160 Enforcement
The provisions of this chapter may be enforced by any peace officer, or the
director of Community Development or his/her designee.
Chapter 9.18 VENDING ON STREETS, SIDEWALKS AND PRIVATE PROPERTY
9.18.010 Declaration of Purpose
9.18.020 Definitions
9.18.030 Regulations For Sales
9.18.040 Permit To Operate
oo Applies to all vendor operations.
oo Allows for our review of pertinent licensing, health and safety issues.
oo Allows for site approval.
oo Grounds for Denial
o Provides for Conditional Approval
9.18.050 Location
oo Streets and Sidewalks
0 300' buffer from school grounds, park, playground or Cit operated Rec Center
0 100' buffer from any street intersection.
o In Residential Areas
■ Move at least 400' every 10 minutes.
■ Limited to lam — 8pm
■ 400' buffer from other vendors
o In Commercial Areas
■ If within 400' of residence, Residential rules apply.
■ Move at least 400' every 3 hours.
■ Limited to 6am — 12am.
o In Industrial Areas
■ If within 400' of residence, Residential rules apply.
■ May operate 23 hours a day.
oo Private Property
o Incidental to Primary Use
■ Cannot be primary use of lot
■ Cannot be accessory use to a stand alone parking lot
o Cannot utilize required parking for primary use.
o Cannot be on an undeveloped lot/parcel.
o Must be on a paved parking surface.
o Cannot interfere with access, aisles, circulation, driveways or fire lanes or
hydrants or create an unsafe condition.
o Cannot interfere with pedestrian movement.
9.18.060 Exemption
oo Activities conducted in connection with state -certified open air market, authorized street
fair, or other event under a special event permit.
9.18.070 Encroachment Permit
oo Needed for any vending operation from public right-of-way that operates in one place for
more than 10 minutes at a time.
9.18.080 Application of Other Laws and Regulations
9.18.090 Condition/Appearance of Site
oo No tables, chairs, fences, shade structures unless approved by permit.
oo Exterior storage prohibited.
9.18.100 Condition/Appearance of Vehicle
oo Self-sufficient
o Any utility connections must be approved by permit.
9.18.110 Lighting
9.18.120 Sanitation
oo Maintain adequate refuse containers and police site
oo Comply with health regulations for required restroom facilities for food vendors.
9.18.130 Safety and Security
oo No loitering
9.18.140 Applicability of Regulations to Existing Business
9.18.150 Penalties
oo Fines
o $100/$250/misdemeanor
oo Suspension/Revocation of Permit To Operate
9.18.160 Enforcement