Atherton Municipal Code Ch. 12.18 Mobile Food Vending

Sections:

• 12.18.010 Purpose and intent. 12.18.020 Definitions. 12.18.030 Permit and fee. 12.18.040 Sales from vending vehicles. 12.18.050 Locations where vending is prohibited. 12.18.060 Noise restrictions.

It is the intent of this chapter to regulate the business of mobile food vending in the public right-of-way or on public property by establishing rules and regulations governing the public health, safety, and welfare of such business in accordance with Vehicle Code Section 22455 and Health and Safety Code Section 114315. (Ord. 604 § 3, 2014)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Additional definitions set forth in the codes of the state of California shall apply additionally as if set forth fully herein.

A. “Food” or “foodstuff” means any substance as defined by California Health and Safety Code Section 113781, defined as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

B. “Food preparation” means packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not include trimming of produce, as set forth by California Health and Safety Code Section 113791.

C. “Mobile food merchant” means any individual that operates or assists in the operation of a vending vehicle in the sale, display, solicitation or offer for sale, barter, exchange, gift or otherwise of foodstuffs from a vending vehicle.

D. “Mobile food vending” means the sale, display, solicitation or offer for sale, barter, exchange, gift or otherwise, of foodstuffs from any vending vehicle.

E. “Vending operations” means the sale, display, solicitation, offer for sale, barter, exchange, gift or otherwise of foodstuffs from a vending vehicle.

F. “Vending vehicle” means any self-propelled, motorized device by which any person or property may be propelled or moved upon a highway, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle, or used exclusively upon stationary rails or tracks, from which foodstuffs are sold, displayed, solicited or offered for sale, bartered, exchanged, given or otherwise. (Ord. 604 § 3, 2014)

A. No person shall engage in mobile food vending or operate a vending vehicle within the corporate limits of the town of Atherton without first having procured an annual permit from the town for such purpose, and paying a fee as established by the city council. Such permit shall be displayed in a prominent place upon any vehicle used in vending operations.

B. State Board of Equalization (SBE) Documentation. A requirement of this permit shall be that the mobile food vendor provide a copy of their resale certificate number demonstrating registration and use tax payment (county pool) information received from the State Board of Equalization (SBE) for their mobile food vendor businesses as part of their permit application.

C. Other Permits Required. Prior to issuance of the town permit, all vending vehicles shall secure and provide a copy of a current and valid permit from the San Mateo County health department to operate a vending vehicle, and such permit shall be current and prominently displayed in the vehicle at all times when vending. Such permit shall be current and issued in the name of the town permit holder. (Ord. 604 § 3, 2014)

A. Vending vehicles must be brought to a complete stop and be lawfully parked adjacent to the curb, if any, consistent with California Vehicle Code Sections 22455 and 22500 prior to initiating vending operations. If there is no curb in the area where vending is to occur, the vehicle must be parked completely off the paved roadway during vending operations in a location that permits pedestrians and customers to pass freely by the parked vehicle without entering the paved street.

B. A vending vehicle may park in the public right-of-way in one location for a total of one hour in each twentyfour-hour period. It must be moved a minimum distance of one thousand five hundred feet before it can be parked again for vending purposes.

C. A vending vehicle must park parallel to the roadway unless totally on private property. Any window or vehicle element that serves or facilitates service to customers must be on the side of the vehicle opposite the street, and no vending is permitted from the street side of the vending vehicle.

D. A mobile food vendor shall not serve customers adjacent to a public sidewalk under circumstances where the vendor’s equipment, or his customers, obstruct passage of the public walkway for all users, including those with mobility disabilities, and no such vehicle shall park within five hundred feet of any other vending vehicle serving food to customers.

• E. No signs may be placed on any public right-of-way or public property by any mobile food merchant.

• F. Mobile food merchants operating a vending vehicle must provide or have garbage receptacles readily available for immediate use by customers of the vending vehicle.

G. Mobile food merchants operating a vending vehicle must pick up, remove and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials dispensed from the vending vehicle found discarded within one hundred feet of the vending vehicle and shall otherwise maintain the entire area where mobile food vending is occurring in a clean, sanitary, and debris-free condition.

H. A vending vehicle shall be fully self-contained, including, but not limited to: internal mechanical holding units, gas or electric cooking equipment, water tank, and hand sinks. There shall be no discharge of any solid or liquid from the vehicle onto the public right-of-way or any public or private property. (Ord. 604 § 3, 2014)

A. Sales in Vicinity of School Grounds. It is unlawful for any mobile food merchant to sell or offer for sale, display, solicit, barter, exchange, gift or otherwise, any food and/or beverages within one thousand feet of any public or private school property within the town between the hours of seven a.m. and four p.m. of any school day unless the mobile food merchant has received written authorization of the school principal or other person in charge of the school to park, stop or stand for the purpose of vending in accordance with all other provisions of this chapter. Any such written authorization shall be kept and maintained with the mobile merchant at all times for inspection.

B. Sales at Holbrook-Palmer Park. It is unlawful for every mobile food merchant to sell or offer for sale, display, solicit, barter, exchange, gift or otherwise, any food or beverages in Holbrook-Palmer Park except in conjunction with a special event in the park for which a permit has been obtained from the town and which permit specifically allows vending to occur as part of the event. Any such mobile food merchant shall possess a valid town mobile food vendor permit.

C. Sales at Train Depot, Public Parking Property. It is unlawful for every mobile food merchant to sell or offer for sale, display, solicit, barter, exchange, gift or otherwise, any food or beverages at the train depot or any nonpublic right-of-way public parking area unless vendor secures written permission from Cal-Train for use of depot property or from the town for the public parking property. (Ord. 604 § 3, 2014)

All vendors shall comply with the town’s noise control ordinance code as set forth in Chapter 8.16. Use of a horn or other amplified sound to draw attention to the vending vehicle or announce its arrival for vending is prohibited. (Ord. 604 § 3, 2014)