HomeMy WebLinkAboutOrdinances - No. 1827ORDINANCE NO. 1827
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LODl AS FOLLOWS:
SECTION 1. Lodi Municipal Code 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Chapter 9.18, “Vending on Streets and Sidewalks,” is hereby repealed and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
9.1 8.01 0 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.
9.1 8.020
A.
B.
C.
D.
E.
Definitions
“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.
“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.
“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.
“Linear Frontage” is the method used to determine distances as used in
this Chapter.
”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)
I
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 I) 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.
I. “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;
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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, andlor prepares food
on or from a Motorized Food Wagon or Conveyance.
9.1 8.030 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 9.1 6.030 of this Code.
9. 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:
1. Proof of current vehicle registration and a copy of an applicable
vehicle insurance policy for any vehicles used in the vending
activity.
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D.
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;
The applicant is unable to obtain the required Peddler’s license,
pursuant to LMC Section 9.16.030 due to a criminal background
check;
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;
2.
3.
4
4.
5.
The applicant has knowingly made a material misstatement in the
Application for a Permit to Operate;
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.
9.1 8.045 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.
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9.1 8.050 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.
i. In an Industrial Use Area, a Vendor may operate
twenty-three (23) hours a day.
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.
11.
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:
i. 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.
Permitted hours of operation are from 7:OO a.m. to
8:OO p.m.
A Vendor may not be located within four hundred
(400) feet of another Vendor.
ii.
... III.
b. Commercial Use Area:
1. 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:OO a.m. to
12:OO 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:
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B.
conditions:
9.1 8.060
A.
B.
C.
4. No Vendor shall be located or maintained on public property,
including bicycle pathways, inconsistent with any provision of this
Code.
A Vendor may locate on private property subject to the following
1.
2.
3.
4.
5.
6.
7.
8.
9.
Incidental to a primary use with the primary use having a valid City
of Lodi Business Tax Certification;
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.
A Vendor shall not be permitted as an accessory use to a stand-
alone parking lot.
A Vendor cannot utilize, or be located on, parking spaces required
for the primary use on the parcel.
A Vendor cannot be located on a vacant, undeveloped parcel or
lot.
A Vendor must be located on a paved concrete or asphalt parking
s u rface .
A Vendor cannot interfere with access, aisles, circulation,
driveways, or fire lanes and hydrants.
A Vendor cannot interfere with pedestrian movement or create a
pedestrian hazard.
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.
Exemption
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.
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.
This Chapter shall not apply to the sale or distribution of any newspaper,
flier, or handbill.
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9.1 8.070
A.
B.
9.1 8.080
A.
B.
C.
D.
9.18.090
A.
B.
C.
9.18.j 00
Application of Other Laws and Regulations
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.
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.
Condition/Appearance of Vending Site
The Vending site shall be maintained in a safe and clean manner at all
times.
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).
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.
Exterior storage or display of refuse, equipment, materials, goods, wares,
or merchandise associated with the Vendor is prohibited.
Condition/Appearance of Motorized Food Wagon or Conveyance
The Vendor shall display, in plain view and at all times, current permits
and licenses in or on their vehicle.
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.
The Vendor shall not discharge items from any Motorized Food Wagon or
Conveyance vehicle onto the sidewalk, gutter, storm inlets, or streets.
Lighting
The Vendor shall install adequate lighting to ensure customer safety. Lighting
shall be directed downwards and away from public streets and adjacent properties.
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9.1 8.1 10 Sanitation
A. All Motorized Food Wagons or Conveyances shall operate out of a
Commissary pursuant to California Health and Safety Code Section
1 14287.
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.
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 (1 5) minutes after receiving their food.
The Vendor shall enforce the no loitering provisions of this Code.
B.
C.
9.18.1 30
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.
Applicability of Regulations to Existing Business
9.18.140 Penalties
Any person violating any provisions or failing to comply with any of the
A. Fines
mandatory requirements of this Chapter is subject to the following penalties:
1. Violations are subject to the Administrative Enforcement
Provisions of this Code and the fines established in LMC Section
1 .I 0.260;
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.
2.
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,
B. Suspension/Revocation of Permit to OperatelConditional Permit to
Operate
I. 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 I. 10.
Basis for Suspension/Revocation of Permit to Operate:
a.
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:
1. 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
The Vendor has failed to correct a violation under
this Chapter within the time period ordered by the
City; or
The Vendor has operated or continued to operate
without a Permit to Operate or after a Permit to
Operate has been suspended or revoked.
iv.
v.
3. Basis for SuspensionlRevocation of a Conditional Permit to
Operate:
a. Any Conditional Permit to Operate may be suspended or
revoked for:
I.
ii.
Any of the basis to suspend or revoke a Permit to
Operate set forth herein; or
Any violation of the terms of the Conditional Permit
to Operate.
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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 Dutv 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 2nd day of December, 2009
Attest:
Mayor
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State of California
County of San Joaquin, ss.
I, Jennifer M. Robison, Assistant City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1827 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 December 2, 2009, by the following
vote:
AYES: COUNCIL MEMBERS - Hitchcock, Johnson, Katzakian, Mounce,
and Mayor Hansen
NOES; COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1827 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
J@NIFER Fb: ROBISON
Assistant City Clerk
Approved as to Form:
City Attorney
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