Article 7

Sale of Food, Food Products, Ice Cream, Goods or Merchandise from a Motor Vehicle

• (a) Findings. The City Council finds and declares as follows:

  • (1) Section 22455 of the California Vehicle Code authorizes municipalities to regulate the type of vending from motor vehicles and the time, place and manner of vending from vehicles upon any street in order to promote public safety and Article XI, Section 7 of the California Constitution extends to municipalities the police power authority to regulate in furtherance of the public health and welfare.

  • (2) Vending from motor vehicles creates the potential for safety hazards, such as, but not limited to, encouraging pedestrians to cross mid-block to purchase food.

  • (3) The act of looking for prospective customers while operating a motor vehicle makes vendors less attentive to pedestrian and vehicular traffic. When done on public roadways, this poses obvious traffic and safety risks to the public.

  • (4) Vendors who fail to park their motor vehicles correctly during a transaction attract prospective customers onto public roadways, creating a further traffic and public safety hazard.

  • (5) Unregulated vending from motor vehicles impairs traffic safety, the safety of pedestrians, contributes to traffic congestion and therefore impedes the orderly movement of pedestrian and motorist traffic.

• (b) Purpose and Intent. The purpose and intent of this article is to regulate the sale of food, food products, ice cream, goods or merchandise from motor vehicles on public and private property. This article is not intended to repeal or amend the provisions of the Code that provide for licensing or permit procedures for the conduct of certain business activities. Further, this article is not intended to prohibit, prevent or hinder activities of political, economic, religious or sociological ideas when such activities are noncommercial.

• (Ord. 13-789, § 1)

For purposes of this article, the following terms shall have the following meanings unless it is apparent from their context that a different meaning is intended:

"Food or food products" shall mean any type of human edible substance or beverage.

"Goods or merchandise" shall mean any items that are not food or a food product.

"Ice cream truck" shall mean any self-propelled vehicle used primarily to vend ice cream, candy, or other confectionary items and in which the predominant product for sale is ice cream, candy and other confectionary items.

"Motor vehicle" shall mean any self-propelled vehicle used to vend, including ice cream trucks.

"Person" shall mean any individual, firm, business, partnership, corporation, cooperative, company, association, or organization.

"Vend or vending" shall mean to sell, offer for sale, expose for sale, solicit offers to purchase, or to barter food, food products, ice cream, goods or merchandise from a motor vehicle while parked, stopped, or standing upon any private property, public street, alley, parkway, sidewalk or other public property in the City.

"Vendor" shall mean a person who vends, including an employee or agent of another. (Ord. 13-789, § 1)

All vendors that operate or conduct any business from a motor vehicle in the City shall obtain and maintain a valid business license issued by the City in accordance with Chapter 1 of this title.

(Ord. 13-789, § 1)

In addition to procuring a business license, as set forth in Section 3-2.703 of this article, all persons desiring to vend from a motor vehicle in the City shall first obtain a permit to operate or conduct the business in the City. The permit shall be known as a motor vehicle vending permit. The permit application shall be filed with the City Manager or designee, and shall set forth the following:

• (a) The applicant's name and permanent home address;

• (b) The name and permanent address of each owner and operator of the motor vehicle(s) or to be used to vend;

• (c) If the applicant is employed by another to vend, the name and address of the employer or the person for whom the applicant is conducting commercial business;

• (d) A description of the type of vehicle to be used to vend, its registration number and its license number;

• (e) If the applicant will vend food, food products or ice cream, a valid Los Angeles County Department of Health permit, certification or other required approval that he or she complies with all local, State and Federal laws regarding food or food product vending;

• (f) A photograph of the motor vehicle;

• (g) A valid California driver's license number of the applicant and vendor;

• (h) Proof of business automobile liability insurance, with minimum combined single limits coverage of one million ($1,000,000) dollars;

• (i) A description of the type of food, food products, ice cream, goods or merchandise to be sold; and

• (j) A description of the streets the applicant intends to use.

• (Ord. 13-789, § 1)

The fee for filing an application for a permit required by the provisions of this article shall be set forth in a resolution adopted by the City Council. The application fee shall be nonrefundable.

The license tax set forth in Article 6 of Chapter 1 of this title and the permit application fee shall accompany the permit application. (Ord. 13-789, § 1)

• (a) Investigation. Upon receipt of a completed application, the City Manager shall cause to have the information in the application investigated and verified.

• (b) Review Period. The City Manager, after investigation, shall have the power to approve, conditionally approve or deny the permit within 30 days of the filing of the application.

• (c) Denial—Standards. The City Manager shall have the right to refuse to grant a permit required by the provisions of this article if he or she makes one of the following findings:

  • (1) The applicant has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process.

  • (2) The application does not contain the information required by this article.

  • (3) The applicant has not satisfied the requirements of this article.

  • (4) The granting of the permit or the conduct of the business will be contrary to the preservation of the public health, safety or welfare of the City or its inhabitants.

• (d) Denial—Refund of License Fees. If a permit is denied, the license tax paid shall be refunded, but the permit fee shall not be refundable.

• (e) Granting—Conditions. In granting a permit, the City Manager, in the application of the standards and principals set forth in Subsection (c) and in order to protect the public health, safety and welfare, may impose reasonable conditions or regulations, not in conflict with any law, pertaining to the conduct of the business or the occupancy or use of any land in connection therewith in addition to, but not limited by, those regulations set forth in this article. These conditions may include, but are not limited to, the streets and locations where the applicant is permitted to vend.

• (Ord. 13-789, § 1)

Any applicant conditionally approved or denied a permit by the City Manager pursuant to the provisions of this article shall have the right to appeal the conditional approval or denial to the City Council. An appeal shall be filed in writing with the City Clerk accompanied by an appeal fee, the amount as determined by resolution of the City Council, and then shall be set for hearing before the City Council within 30 days. The appellant shall be notified of the appeal hearing at least 10 days prior to the hearing.

(Ord. 13-789, § 1)

Any permit issued pursuant to the provisions of this article may be suspended or revoked for the following reasons:

(a) Where the Council has found and determined that the preservation of the public peace, health, safety or welfare demand the revocation of such license or permit;

• (b) Where the permittee has violated any provision of this article, or any other provision of this Code, or any other provision of law;

• (c) Where a permit has been granted on false, misleading or fraudulent evidence, testimony, or application; or

• (d) Where the permittee has violated the terms, provisions or conditions of the permit. (Ord. 13-789, § 1)

No permit issued pursuant to the provisions of this article shall be suspended or revoked until the permittee has had a public hearing before the Council and has had an opportunity, either personally or by counsel, or by both, to defend him or herself and present evidence on his or her behalf. The public hearing shall be preceded by reasonable notice as provided in the rules and regulations of the Council.

(Ord. 13-789, § 1)

The City Manager or designee may suspend, pending the hearing required by Section 3-2.709 of this article, any permit issued pursuant to the provisions of this article where it has been determined, upon the recommendation of a law enforcement agency, that an immediate suspension of the permit is necessary for the protection of the public health, safety, and welfare.

In the event of a suspension by the City Manager, the City Manager or designee, within 12 hours after the suspension, shall cause to be served upon the permittee a written statement containing the grounds for the suspension and a notice of hearing to show cause before the Council why the permit should not be permanently revoked. The hearing shall be held not later than five days following the service of the notice.

(Ord. 13-789, § 1)

• (a) No permit issued pursuant to the provisions of this article shall be transferable.

• (b) Each permittee under this article shall possess and at all times display in conspicuous view upon his or her motor vehicle, a City of Artesia business license issued pursuant to Chapter 1 of this title.

• (c) Each permittee under this article shall possess and at all times display in conspicuous view upon his or her motor vehicle an unexpired and unrevoked permit issued pursuant to this article.

• (Ord. 13-789, § 1)

All vendors operating or conducting any business from a motor vehicle in the public right-ofway in accordance with the provisions of this article shall:

• (a) Operate or conduct the business only between the hours of 7:00 a.m. and 10:00 p.m. each day;

• (b) Not vend within 35 feet of any other vendor;

• (c) Not vend within 25 feet of any street intersection controlled by a crosswalk, traffic light or stop sign;

• (d) Not vend upon any public street within 300 feet of the nearest property line of any property on which a school building is located between the hours of 7:00 a.m. and 5:00 p.m. of any school day;

• (e) Not place tables, chairs or other seating on the public right-of-way, including any sidewalk;

• (f) Not vend from a motor vehicle parked on any public street, alley or highway when:

  • (1) The motor vehicle is not in full compliance with all parking and Vehicle Code provisions that apply to the location at which the motor vehicle is parked,

  • (2) Any part of the motor vehicle or any other equipment or furniture related to the operation of the business encroaches onto a public sidewalk,

  • (3) Any part of the motor vehicle is open to prospective customers other than from the rear of the motor vehicle or from the side of the motor vehicle facing away from the street, or

  • (4) The food, food products, goods or merchandise provided are sold to persons within other vehicles or standing in the portion of the roadway open to other vehicles;

• (g) Not vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles;

• (h) Charge, collect and transmit sales tax for all sales in the City;

• (i) Upon request by a buyer, give a receipt to the buyer that shall list the following:

  • (1) The vendor's name,

  • (2) The vendor's City permit number,

  • (3) The vendor's address and telephone number,

  • (4) The items sold,

  • (5) The price of each item sold, and

  • (6) The total price of all items sold;

• (j) Possess at all times while vending an unexpired and unrevoked permit issued pursuant to this article;

• (k) Possess at all times while vending an unexpired and unrevoked health permit issued by the Department of Health Services of the County of Los Angeles, or any other permit as required by any other appropriate governmental agency;

• (l) Comply with all applicable State and local laws, including, without limitation, State food labeling requirements; and

• (m) Maintain a clearly designated waste receptacle in the immediate vicinity of the motor vehicle and vending that is marked with a sign requesting use by customers. Prior to leaving the vending location, the vendor shall pick up, remove and dispose of all trash generated by the vendor's operation located within a 25 foot radius of the vending location.

• (Ord. 13-789, § 1)

• (a) Prohibition. Except as provided in Subsection (b) of this section, all vending in public parks is prohibited. No vendor permit shall be issued to any person for the vending of food, food products, goods or merchandise in public parks in the City.

• (b) Exception. Nothing in this section shall prohibit vending in public parks provided the vending is a part of a City sponsored or co-sponsored event or an event approved by the City.

• (Ord. 13-789, § 1)

In addition to the requirements of this article and this Code, the owner or operator of an ice cream truck, shall permanently maintain on the ice cream truck at least one of each of the two signs as are described below. A violation of this section, shall be deemed to be a violation of Chapter 2 of Title 1 of this Code and shall be cause for revocation of a permit issued pursuant to the provisions of this article.

• (a) Sign No. 1.

(Image not reproduced in this text.)

Minimum Sign Dimensions. Eighteen inches by 12 inches.

The sign shall be a high density reflectorized sheeting placed on aluminum. Black lettering on yellow backing.

• (b) Sign No. 2.

ICE CREAM TRUCK

Letter height between three to five inches. Lettering to be placed on rear of vehicle.

• (Ord. 13-789, § 1)

The provisions of this article, excluding Section 3-2.703, shall not apply to:

• (a) Any approved participant in a community event authorized by the City;

• (b) Any individual vending newspapers, leaflets, or pamphlets; and

• (c) Any individual or organization that vends the following items which are inherently communicative, have nominal utility apart from their communication, and have been created, written or composed by the vendor: books, recorded music, poetry, prose, sculptures, paintings, prints or photographs.

• (Ord. 13-789, § 1)