Avenal Municipal Code Ch. 6 Food Establishments and Food Handlers

Sections: 6-6.01 Definitions. 6-6.02 Permit required—Conditions and term. 6-6.03 Suspension of permit. 6-6.04 Notice of violations. 6-6.05 Hearings. 6-6.06 Revocation of permit for repeated violations. 6-6.07 Suspension of permit for refusal of entry. 6-6.08 Summary suspension of permit. 6-6.09 Closing of establishment for violation—Supervision. 6-6.10 Food handler's cards. 6-6.11 Building and vehicle specifications approval. 6-6.12 Sanitation requirements. 6-6.13 Rules and regulations generally. 6-6.14 Fixed outdoor food vending operations—Where permissible. 6-6.15 Mobile outdoor food vending operations—Where permissible. 6-6.16 Outdoor food vending operations—Permit required. 6-6.17 Fixed or mobile outdoor food vending operation—Special occasions. 6-6.18 Permit issuance, findings and conclusions. 6-6.19 Denial of permit. 6-6.20 Revocation of permit.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 57 6-6.21 Notification of revocation. 6-6.22 Appeals. 6-6.23 Enforcement. 6-6.24 Trash receptacles and removal. 6-6.25 Insurance provisions. 6-6.26 Noise level. 6-6.27 Prohibited conduct. 6-6.28 Pre-existing businesses. 6-6.29 Nuisance. 6-6.30 Penalty. 6-6.01 Definitions. The following terms used in this chapter shall have the meanings indicated in this section: (a) "Health Department" or "Department" shall mean the Kings County Health Department, which acts as the health department of the incorporated cities in Kings County pursuant to resolutions made under the provisions of Sections 476 and 477 of the Health and Safety Code of the State. (b) "Health Officer" shall mean the County Health Officer or his deputy or assistant duly authorized to act in his behalf in case of his absence or incapacity. (c) "Inspector" shall mean a sanitarian, as defined in Section 540 of the Health and Safety Code of the State, employed by the Health Department, or the Health Officer or any deputy health officer authorized to inspect premises or equipment for the enforcement of this chapter. (d) "Premises" shall include land, buildings, and vehicles wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or on such premises. (e) "Outdoor food seller" shall include any individual and/or entity engaged in the handling, preparation, storage, distribution or service of food products for profit from a mobile outdoor food vending operation or fixed mobile outdoor vending operation. The term "outdoor food seller" is intended to include all individuals and/or entities engaged in the conduct described herein, whether or not the actual owner of the outdoor food vending operation. (f) "Mobile outdoor food vending operation" shall refer to the handling, preparation, storage, distribution or service of food products for profit by an outdoor food seller from a non-fixed location vehicle, hand-cart, or other mobile vending vehicle which is equipped or primarily used for retail sales of fruits, vegetables or produce, and/or prepared, pre-packaged, or unprepared, unpackaged food of any kind, on any public street, alley or highway or private street or alley within the City of Avenal. For purposes of this chapter, any ice cream truck, shall be considered a "mobile outdoor food vending operation." (g) "Fixed outdoor food vending operation" shall include the handling, preparation, storage, distribution or service of food products for profit by an outdoor food seller from any fixed-location vending vehicle which is equipped or primarily used for retail sales of fruits, vegetables or produce, and/or prepared, pre-packaged, or unprepared, unpackaged food of any kind on any public street, alley or highway or any private real property parcel, street or alley within the City of Avenal. For purposes of this chapter, a barbeque stand, which is capable of being transported by hitch or trailer, but which at the time of operation does not move from location to location,

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 58 shall be considered a "Fixed outdoor food vending operation." "Fixed outdoor food vending operation" shall not include the outdoor retail sale of fruits, vegetables, produce, and/or prepared, pre-packaged, or unprepared, unpackaged food of any kind by a licensed business establishment operating primarily from an indoor facility or restaurant, so long as; (1) such retail sale does not involve the use of a vehicle, hand-cart, mobile barbeque stand, and/or other mobile vehicle, and (2) such retail occurs on the same parcel as the indoor facility or restaurant to which it is incidental. (h) "Outdoor dinning permit" shall mean a permit, issued by the City of Avenal in accordance with the requirements set forth in this chapter, which authorizes an individual and/or entity to conduct a mobile or fixed outside food vending operation within City limits. (i) "Permit applicant" shall mean the legal owner of the outdoor food vending operation for which an outdoor dinning permit is sought and/or issued from the City. (j) "Amplified sound making devices" shall mean horns, music, whistles or other sounds broadcast through a loud speaker or other mechanical device aimed at increasing the normal volume of the broadcast. (Ord. 84-07 (part), 1984; Ord. No. 2006-01, § 1, 1-26-2006) 6-6.02 Permit required—Conditions and term. (a) It shall be unlawful for any person or other legal entity to operate within the incorporated area of the City, any business in which food is prepared, sold, or served for public consumption upon the premises or elsewhere, or any food processing or manufacturing plant, or any store, vehicle, facility for the sale, storage, or retail or wholesale distribution of foods or beverages without first applying for and receiving a food-vending permit for such operations issued by the Health Department pursuant to the provisions of this chapter. (b) The places of business for which such permits are required shall include, but shall not be limited to, any restaurant, cafe, lunch counter, cafeteria, soda fountain, ice cream parlor, soft drink stand, fruit and vegetable stand, grocery, meat market, bakery, popcorn or peanut stand, bottling plant, wholesale warehouse, food-vending vehicle, and business which service vending machines located in the City, regardless of the location of the facilities from which such vending machines are serviced. (c) This chapter shall not apply to cigar stands, or other places of business or vehicles where no food of any kind is sold, other than candy or soft drinks received and sold in sealed containers, nor to vehicles engaged in the delivery of food products to wholesale or retail establishments for resale, nor shall the provisions of this chapter apply to churches, church societies, private clubs, or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature which purchase food, food products, or beverages or which receive donations of food, food products, or beverages for service without charge to their members, or for service or sale at a reasonable charge to their members, or to the general public at occasional fundraising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products, or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full-time to care for or operate equipment used in such arrangement. (d) Every applicant for a food-vending permit shall file with the Health Department a written application which shall state the name and address of the applicant, the location of the food-handling business, the character of the business which is proposed to be conducted, and such other information as the Health Department may require. (e) No permit shall be granted, renewed, or reinstated unless the Health Department determines, upon making an investigation, that the place of business for which the application is made is equipped, operated, and maintained in a safe and sanitary, and healthful manner, and that no conditions exist

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 59 on the premises which are, or which may be, unsafe, insanitary, unwholesome, or detrimental to the health of the patrons, consumers, employees, or the general public. (f) No permit shall be granted, renewed or reinstated unless the Health Department determines that the condition of the premises is in accordance with the requirements of all applicable provisions of the Health and Safety Code of the State, of this chapter, and of all rules and regulations promulgated under Section 6-6.13 of this chapter, and that such premises are capable of being operated in accordance with such laws and regulations. (g) Permits may be granted at any time during the year and shall expire one year after the date of issuance. Each permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued. (h) The fee for the permit required by the provisions of this section shall be ten dollars ($10.00) per year for businesses employing five (5) employees or less, plus one dollar ($1.00) for each employee in excess of five (5). (Ord. 84-07 (part), 1984) 6-6.03 Suspension of permit. A permit issued pursuant to the provisions of this chapter or preceding provisions may be suspended under the procedure set forth in this section through Section 6-6.10 of this chapter for any of the following reasons: (a) Violations of State laws; (b) Violations of the provisions of this chapter; (c) Violations of the rules and regulations adopted pursuant to Section 6-6.13 of this chapter; or (d) Upon a recommendation for revocation of the permit, pending a hearing thereon. (Ord. 84-07 (part), 1984) 6-6.04 Notice of violations. When any of the aforesaid laws, the provisions of this chapter, or rules and regulations have been violated, an inspector may serve written notice thereof, entitled "Notice of Violation," specifying: (a) The acts and conditions constituting each violation; (b) The provision violated thereby; (c) The corrective stops required; (d) The date by which all such corrections shall be completed allowing a reasonable period therefor; (e) That the permittee has a right to a hearing, upon request; and (f) That if no hearing is requested, and if the Health Department does not receive notice that all such corrections have been made before 9:00 a.m. of the date named under subsection (d) of this section, the permit will be suspended from that time until such violations are corrected. (Ord. 84-07 (part), 1984) 6-6.05 Hearings. The permit holder shall have the right to a hearing on all violations listed in the notice. The permit shall, however, be suspended unless the Health Department receives from the permit holder, before 9:00

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 60 a.m. of the date specified under subsection (d) of Section 6-6.04 of this chapter, a written or oral request for a hearing or notice that all violations have been corrected as specified. The hearing shall be held by the Health Officer or his duly authorized representative who is a qualified sanitarian as defined in Section 540 of the Health and Safety Code of the State and registered as provided in Section 542 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measures taken. The person conducting the hearing shall make a written order as to each alleged violation listed on the notice and shall deliver a signed copy thereof to the permittee. As to each violation, the order shall either: (a) Suspend the permit until it is corrected; or (b) Extend the time or modify the measures to be taken for correction before the suspension; or (c) Declare that the violation has been corrected so as to comply with the applicable law; or (d) Declare that there was no violation. (Ord. 84-07 (part), 1984) 6-6.06 Revocation of permit for repeated violations. If there shall have been three (3) or more notices of violation issued within the twelve-month period immediately preceding the current violation as to the premises in question as provided in Section 6-6.04of this chapter, and not overruled upon hearing, the order of the person conducting the hearing or, if no hearing is held, of the inspector who is responsible for the third such notice, shall recommend to the Health Officer whether or not the permit shall be revoked as provided in this section. If it is so recommended, the permit may be ordered suspended forthwith by the Health Officer pending the hearing on such proposed revocation. Upon such recommendation for revocation by the person conducting the hearing, the permit in question may be revoked by the Health Officer after hearing upon his finding that such violations were serious enough and showed such lack of responsibility toward the public health as to require such revocation to protect the public health. (Ord. 84-07 (part), 1984) 6-6.07 Suspension of permit for refusal of entry. It shall be a violation of the provisions of this chapter for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the premises described in Section 6-6.02 of this chapter, or any portion thereof; and in such event the inspector may forthwith suspend the food-vending permit issued for the premises. (Ord. 84-07 (part), 1984) 6-6.08 Summary suspension of permit. Whenever an inspector finds insanitary or other conditions in the operation of any food establishment which in his judgment constitute an immediate and substantial hazard to the public health, he shall issue a written notice to the permit holder or person in charge of the premises as provided in Section 6-6.04 of this chapter, except that instead of the matter specified under subsection (f) of said section, it shall state that the permit shall be immediately suspended and shall set forth the substance of the following sentence. Any person to whom such an order is issued shall immediately comply therewith, but, upon request made to the inspector who orders the suspension, or to the Health Officer or his authorized representative, either personally or by telephone or in writing, he shall be afforded a hearing as soon as possible, and notice of its setting may be given in the same manner as the request.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 61 (Ord. 84-07 (part), 1984) 6-6.09 Closing of establishment for violation—Supervision. When any permit is first suspended pursuant to the provisions of this chapter, or when any premises governed hereby as defined in Section 6-6.02 of this chapter shall have been closed for business and left in an insanitary condition, the Health Department shall have the power to insure that the premises are closed down in a manner which will not endanger the public health. If the permittee or his employee in charge cannot be found, or is unwilling or unable to remedy to condition of the premises, the owner of the premises shall be notified of the insanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. (Ord. 84-07 (part), 1984) 6-6.10 Food handler's cards. It shall be unlawful for any person to engage in the handling, serving, preparation, or storage of food or drink in any bakery, butcher shop, restaurant, hotel, fountain, tavern, or other eating or drinking place in the City, or in the sanitizing of utensils in any of the foregoing establishments, for a period of time longer than fifteen (15) working days, or for any food establishment operator to employ or permit any person to engage in such activities therein for longer than said period of time unless such person holds a food handler's card issued by the Health Officer. All food handler's cards shall expire one year from date of issuance. A fee of one dollar ($1.00) shall be charged for each card issued. As a prerequisite to the issuance of a food handler's card, every person engaged in the aforesaid activities shall obtain and have in his possession a current and negative x-ray card which may be obtained without charge from the Health Department. In addition to the x-ray examination, the Health Officer may, as a prerequisite to the issuance of a food handler's card, impose any other requirement, including physical or other tests and examinations, which may be necessary for the protection of the public health. The Health Officer shall not give any treatment required for any condition revealed by such examination or such tests, and the Health Department shall not be responsible in any manner for the cost of such treatment. (Ord. 84-07 (part), 1984) 6-6.11 Building and vehicle specifications approval. Prior to the construction, conversion, or alteration of a building for use as a food establishment or the construction or purchase of a model of vehicle not previously under permit to any person in the City, two (2) copies of the plans and specifications therefor shall be submitted to the Health Department. The Health Officer or his authorized deputy shall thereafter issue his certificate stating what modifications, if any, he deems are required for compliance with applicable laws. (Ord. 84-07 (part), 1984) 6-6.12 Sanitation requirements. All businesses and premises for which a permit is required by this chapter shall be constructed, equipped, operated, and maintained so as to comply with the provisions of Articles 2 through 6, inclusive, of Chapter 11 of Division 21 of the Health and Safety Code of the State. (Ord. 84-07 (part), 1984)

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 62 6-6.13 Rules and regulations generally. The Health Officer may adopt and enforce rules and regulations necessary to administer the provisions of this chapter, including regulations pertaining to: (a) Forms for applications, permits, and notices; (b) Forms and procedures for hearings upon the granting; and (c) Inspections of premises and reporting thereon. (Ord. 84-07 (part), 1984) 6-6.14 Fixed outdoor food vending operations—Where permissible. (a) Traffic. Fixed outdoor food vending operations are not permitted where the speed, volume or proximity of vehicular traffic is not compatible with the safe operation of a fixed outside food vending operation. (b) Adjacent to Established Business. All fixed outdoor food vending operations must be adjacent to, and incidental to, the operation of an indoor restaurant, mini-mart, grocery store and/or other licensed business establishment within the City. No fixed outdoor food vending operation may be located on a vacant parcel within the City. (c) Pedestrian Traffic. Fixed outdoor food vending operations are permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. The outdoor food vending operation shall be located in a manner to leave not less than five (5) consecutive feet of sidewalk width at every point which is clear and unimpeded for pedestrian traffic. (d) Hours. Hours of operation for any fixed outdoor food vending operation are to coincide with those of the adjoining indoor licensed business establishment. (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.15 Mobile outdoor food vending operations—Where permissible. (a) Traffic. Mobile outdoor food vending operations are not permitted where the speed, volume or proximity of vehicular traffic is not compatible with the safe operation of a mobile outside food vending operation. (b) Public Rights-of Way. Mobile outdoor food vending operations are permitted on public rights-of-way. Except as otherwise provided within this chapter, mobile outdoor food vending operations may not be operated from private property. (c) Hours. No mobile outside food vending operation shall conduct business before 10:30 a.m. and after 6:00 p.m., November through February. In the months of March through October, mobile outside food vending operations may be operated between the hours of 10:30 a.m. and 8:00 p.m. (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.16 Outdoor food vending operations—Permit required. (a) Any permit applicant desiring to engage in the operation of a fixed or mobile outdoor food vending operation within the City, must submit an application for an outdoor food vending permit prior to the operation of such fixed or mobile outdoor food vending operation. Such application shall be accompanied by a non-refundable application fee in such amount established by resolution of the City Council. The permit shall be subject to renewal on a semi-annual basis, unless otherwise provided herein.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 63 (b) An application for a permit under this section shall furnish the following information and documentation as part of or in conjunction with such application: (1) The present or proposed address or area from which the outdoor food vending operation is going to be conducted. (2) The location where restocking and overnight parking of any vending unit whether operated as a fixed or mobile outdoor food vending operation is going to take place. (3) The full and true name under which the fixed or mobile outdoor food vending operation will be conducted. (4) Copies of all licenses and permits issued by the City, County, or State of California in relation to the fixed or mobile outdoor food vending operation. (5) The full and true name and any other names used by the permit applicant during the last ten (10) years. (6) The full and true name and any other names used by any individual expected to act as an outdoor food seller for the business. (7) The present residence address and telephone number of the permit applicant and any outdoor food seller associated with the business. (8) California Driver's License number of the permit applicant and all outdoor food sellers associated with the business. (9) Acceptable written proof that the permit applicant is at least eighteen (18) years of age. (10) The height, weight, color of eyes and hair, and date of birth of the permit applicant and any outdoor food seller associated with the business. (11) The business, occupation or employment history of the permit applicant for the three (3) year period immediately preceding the date of the application. (12) The permit history of the permit applicant, for the three (3) year period immediately preceding the date of the filing of the application, including whether such permit applicant, in previously operating in this or any other City, County, State or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation. (13) Written proof of insurance. (14) When any change occurs regarding the written information required in this chapter, prior to, or following, issuance of a permit, the permit applicant shall give written notification of such change to the City within two (2) weeks after such change. (c) In addition to the above, where a permit applicant intends to conduct the outdoor food vending operation from a fixed location within the City of Avenal, the permit applicant must submit with his/her application, a written authorization form fully completed by the individual and/or entity which owns the location from which the outdoor food vending operation will be operated. Written authorization forms shall be made available to any permit applicant at City Hall. (d) Every vehicle, hand-cart and/or other mobile vehicle from which a permit applicant wishes to operate a fixed or mobile outdoor food vending operation, shall be inspected by the City as part of the application process. The purpose of such inspection is to confirm whether or not the vehicle, hand- cart and/or other mobile vehicle meets with all applicable provisions of the Health and Safety Code of this State, of this chapter, and of all rules and regulations promulgated under the Avenal Municipal Code. It is also the purpose of such inspection that the City determine whether or not a proposed fixed or mobile outdoor food vending operation is capable of being operated in accordance with State, County and City laws and regulations. (Ord. No. 2006-01, § 2, 1-26-2006)

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 64 6-6.17 Fixed or mobile outdoor food vending operation—Special occasions. (a) Discretion to Suspend. For purposes of a City sanctioned event (i.e., Old Timer's Day), the City may in its discretion suspend the requirement herein that all fixed or mobile outdoor food vending operations obtain a Permit prior to operation within the City. The City may also in its sole discretion suspend any other requirement set forth in this chapter which the City believes is unnecessary for purposes of the City sanctioned event. Notice of such suspension shall be posted by the City at City Hall. Such notice shall clearly delineate any requirements for operation of a fixed or mobile outdoor food vending operation during the suspension period. Any operator of a fixed or mobile outdoor food vending operation during a City sanctioned event for which a suspension has been issued, is deemed to have notice of, and consented to be bound by, all posted requirements. (b) Application for Waiver. Upon request, the City may also waive the requirements herein for obtaining a Permit for the operation of a fixed or mobile outdoor food vending operation within the City. Such waiver may occur where the fixed or mobile outdoor food vending operation shall be conducted only during a City sanctioned event and/or during a private special event for which City approval has been obtained. [Hereinafter "event waiver".] Individuals wishing to obtain an event waiver must submit to the City, at least forty-five (45) days prior to the scheduled event, a written request for waiver of those requirements set forth in Section 6-6.16 and/or any other Section contained within this chapter from which the individual and/or operation wishes to be exempt. (c) Response to Application. Within fifteen (15) days after receipt of a request for an event waiver, the City shall issue to the applicant either; (1) an event waiver for operation of a fixed or mobile outdoor food vending operation, specifying any conditions and/or requirements of the same, or (2) a written rejection of the request for an event waiver. Any rejection of a request for an event waiver shall not preclude the applicant from thereafter submitting an application which satisfies the requirements of this chapter for the operation of a fixed or mobile outdoor food vending operation within City limits. (d) Term of Suspension and/or Waiver. Any suspension and/or event waiver granted by the City under this Section shall not extend beyond the date and time of the event for which it was granted. All event waivers and suspensions provided for under this Section shall be issued at the sole discretion of the City and/or its designated agent. Determinations by the City regarding the issuance and scope of such suspensions and/or event waivers are final. (e) Number of Event Waivers: Nothing contained in this section shall require that the City issue event waivers in any form and/or number. (f) Failure to Comply: Any fixed or mobile outdoor food vending operation operating within the City pursuant to a City suspension and/or event waiver which fails to operate within the restrictions and/or requirements imposed by the City in regards thereto, shall be subject to immediate closure by the City and/or its designated agents for the duration of the subject event for which the suspension and/or event waiver was granted. (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.18 Permit issuance, findings and conclusions. The City of Avenal shall issue the outdoor dinning permit within twenty (20) days after receiving a completed permit application, providing all of the following requirements have been met: (a) The required fees have been paid; (b) The application conforms in all respects to the provisions of this chapter; (c) The permit applicant has not made a material misrepresentation of fact in the application; (d) The permit applicant has not had a similar permit denied or revoked by the City within a period of one year prior to the date of such application; (e) The permit applicant does not have any outstanding debt owed to the City;

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 65 (f) The permit applicant has obtained all necessary food-vending permits and other licenses required for such operations, as issued by the Health Department and/or the State of California; and (g) The proposed vehicle, hand-cart and/or other mobile vending vehicle from which the permit applicant intends to operate his/her outdoor vending operation, has been found by the City to meet all applicable provisions of the Health and Safety Code of this State, of this chapter, and of all rules and regulations promulgated under Section 6-6.13 of the Avenal Municipal Code, and that such premises are capable of being operated in accordance with such laws andregulations. (h) The proposed vehicle, hand-cart and/or other mobile vending vehicle from which the permit application intends to operate his/her outdoor vending operation, including all equipment utilized within the proposed vehicle, is in working order, and in good physical condition. (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.19 Denial of permit. (a) All conditions of Section 6-6.16 must be met before the outside dinning permit is issued. Written notice of denial will be provided by the City of Avenal and will indicate grounds for denial. Notice of denial shall be deemed served on the date of personal service or when the notice is deposited in the United States mail, postage prepaid, and addressed to the permit applicant at his or her address as set forth in the permit application. (b) Any applicant whose application for an outside dinning permit been denied by the City may appeal such denial to the City Manager by filing a written notice of appeal with the City Manager's office no later than ten (10) days following service of this notice of the decision. Notice of appeal must be accompanied by the appeal fee and is deemed filed with the City on the date of receipt by the City. The appeal fee shall be set by resolution of the City Council. (c) No person or entity whose permit request is denied on appeal shall be eligible to re-apply for a period of six (6) months from the date of the denial of his/her permit request. (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.20 Revocation of permit. Any outdoor dinning permit may be revoked by the City upon a showing of good cause. Good cause may be found, but is not limited to, any of the following: (a) Providing false information as a basis for permit issuance. (b) Failure of the permit applicant, or any employees or subcontractors of the permit applicant, to comply with the regulations set forth in this chapter, the Avenal Municipal Count, County regulations and/or State law. (c) Conviction of a violation, or plea of guilty or nolo contendere, by the permit applicant, or any employee, subcontractor or independent contractor of the permit applicant, of any state law or municipal ordinance while in the course of conducting vending operations from a vehicle pursuant to the permit. (d) Conviction of a violation, or a plea of guilty or nolo contendere, by the permit applicant of any applicable provision or requirement of this chapter. (Ord. No. 2006-01, § 2, 1-26-2006)

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 66 6-6.21 Notification of revocation. Notification of the permit applicant shall be made either by personal delivery or by regular mail, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. Service shall be deemed made on the permit applicant on the date personally delivered or on the date of mailing. A permit applicant may appeal such revocation to the City Manager by filing a written notice of appeal with the City Manager within ten (10) days following the date of service of such decision and payment of the appeal fee as prescribed by resolution of the City Council. The date of filing of said notice of appeal shall be the date said notice and appeal fee are received by the City. If a timely appeal is filed, the revocation shall be stayed pending the decision of the City Manager. Otherwise the suspension or revocation shall become effective immediately upon expiration of said appeal period. No person or entity whose permit is revoked shall be eligible to apply for a new permit for a period of six (6) months following such revocation. (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.22 Appeals. Revocation shall not be effective until expiration of the appeal period. Upon receipt of a timely request for a hearing on appeal, the City Manager or his designated representative shall hear such appeal within twenty (20) days of the request and shall provide the appellant not less than five (5) days advance notice of the hearing. The decision of the City Manager shall be based upon those criteria as set forth in this chapter, which is applicable to the issuance or revocation of such permit. The appellant shall be notified of the decision of the City Manager by mailed, written notice. The decision of the City Manager shall be final. No revocation of a permit pursuant to this chapter shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager's decision; provided, however, no permit holder shall operate during any period of time in which the insurance coverage required by this chapter is not in full force and effect. (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.23 Enforcement. The City Manager, Police Officers, the Planning and Building Director, the Finance Director, City Code Enforcement Officers, the Fire Chief, and their designees, have the authority to enforce the provisions of this chapter. (Ord. No. 2006-01, § 2, 1-26-2006; Res. No. 2010-64, 10-28-2010) 6-6.24 Trash receptacles and removal. (a) All outdoor food vending operations shall be equipped with refuse receptacles large enough to contain all refuse generated by the operation of such vehicle; (b) All outdoor food sellers engaged in the operation of an outdoor food vending operation shall pick up all refuse generated by such operation within a fifty (50) foot radius of the vehicle before such vehicle is moved and/or closed for the night. All refuse collected by an outdoor food seller shall be disposed of at an approved solid waste facility. (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.25 Insurance provisions. All outdoor food vending operations shall have liability insurance as required by City.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 67 (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.26 Noise level. (a) Any use of amplified sound making devices, including vehicle horns, to advertise, draw attention to, or announce the presence of any such vehicle shall be prohibited within the residential areas of the City. (b) Non-amplified sound making devices shall not be used while the vehicle is stopped, parked, or otherwise in a stationary position, on any public street in an area zoned for residential use within the City. When used in a residential area, non-amplified sound shall not be audible to a person of normal sensitivity for a distance of more than five hundred (500) feet. (c) All sound equipment and/or devices utilized by any outdoor food vending operation shall be kept and maintained in good working condition. (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.27 Prohibited conduct. (a) No person shall vend from a fixed or mobile outdoor vending operation which is stopped, parked or standing on any public street, alley or highway, or any private property location, in any of the following situations: (1) No mobile outdoor vending operation shall be allowed to operate within five hundred (500) feet of any active public school property, park, playground or recreational facility; (2) No mobile outdoor vending operation shall be allowed to operate within three hundred (300) feet of any other mobile outdoor vending operation which is engaged in the operation of vending; (3) No mobile outdoor vending operation shall be allowed to operate within one hundred (100) feet of an intersection (including public alleys); (4) No mobile outdoor vending operation shall be allowed to operate when the posted speed limit on the public street, alley or highway is greater than twenty-five (25) miles per hour. (5) When the mobile outdoor vending operation vehicle or fixed outdoor vending operation is parked or located in violation of any other provision of this Code or the California Vehicle Code. (6) When the mobile outdoor vending operation vehicle is duly registered and licensed by the State of California with an unladen weight exceeding six thousand (6,000) pounds. (7) When the mobile outdoor vending operation is not legally stopped or parked adjacent to theright side of the roadway; (8) When the prospective customer is standing or sitting in another vehicle; (9) When the prospective customer is located in that portion of the street, alley or highway, which is open to vehicular traffic; or (10) When the outdoor vending operation is located within any parkway, alley, sidewalk or within a no parking area, or other public property. (b) Re-stocking of a mobile outdoor vending operation vehicle is prohibited on a public street or alley. (c) No outdoor vending operation shall attach to or receive any utilities from private or public property. (d) No additional lighting other than that required by the California Vehicle Code may be installed or operated on a mobile outdoor vending operation vehicle. (e) Mobile outdoor vending operation vehicles may, with the approval of the landowner, operate on private property (such as construction sites) for a period of not more than thirty (30) minutes in order

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 68 to provide meals/snacks for employees. Mobile vending units are not permitted on private property for any other purpose. (f) No outdoor vending operation shall be parked, stopped, left standing, or located, in any manner, which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street. (g) Operators of a outdoor vending operation may not provide tables and/or seating for their customers. (h) No vehicle shall be parked or stored when not in use in any manner other than as defined in the California Uniform Retail Food Facilities Law, Section 114287. (i) All outdoor vending operations shall be clearly identified as to business name, address and City of the person owing or operating the such. Such identification shall be easily legible, of professional quality, in letters which contrast with their background and are at least three (3) inches high with a minimum 3/8 inch wide stroke. Stick-on letters and paint which is peeling and/or otherwise illegible shall not be sufficient to satisfy the requirements of this subsection. (j) All mobile outdoor vending operation vehicles operated within the City of Avenal shall be constructed or modified in a manner which allows the sale of products to occur only from the right-side of the vehicle. Any motorized vehicle constructed in a manner which allows the sale of products to occur from both the right- and left-sides of the vehicle, shall, within ninety (90) days after the passage of this ordinance, be modified in a safe and sanitary manner to meet the requirements of this section. (k) Mobile outdoor vending operation vehicles shall include the following warning on the left-side of the vehicle: "Do Not Cross Street—Food Will Be Sold on Both Sides of Street." or "Do Not Cross Street—Ice Cream Will Be Sold on Both Sides of Street." (l) In no case should any mobile outdoor vending operation remain immobile for more than five (5) minutes. (m) In no case should any mobile outdoor vending operation be operated without a valid permit from the City, and full compliance with all City, County and State requirements for such operation. (n) In addition to those requirements set forth above, all motorized ice cream trucks shall comply with the requirements set forth in the Destiny Nicole Stout Memorial Act as it is currently written and/or may be amended in the future (California Vehicle Code Section 22456). (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.28 Pre-existing businesses. This section applies to all businesses or activities regardless of when the business or activity was established. Businesses existing prior to enactment of this section shall file a completed application for a vendor or operator permit or tax certificate within thirty (30) days of enactment of the chapter. Any permit issued under this chapter shall be non-transferable. (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.29 Nuisance. Operation of a mobile or fixed outdoor food vending operation in any manner contrary to the provisions of this chapter is unlawful and constitutes a public nuisance. In addition to or in lieu of prosecuting a criminal action the City Attorney may commence an action or proceeding for the abatement, or removal of the nuisance as provided in Title 6 of the Avenal Municipal Code. The City Attorney may also apply to a court of jurisdiction for abatement or removal of the nuisance, or to restrain or enjoin operation of an outdoor vending operation in a manner contrary to the provisions of this chapter.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 69 (Ord. No. 2006-01, § 2, 1-26-2006) 6-6.30 Penalty. Every violation of the provisions of this chapter shall be deemed to be a misdemeanor punishable by imprisonment not exceeding six (6) months or by fine not exceeding one thousand dollars ($1,000.00), or by both fine and imprisonment. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the City Attorney, may reduce the charged offense from misdemeanor to an infraction. Any person convicted of an infraction under this chapter shall be punished by: (a) A fine not exceeding one hundred dollars ($100.00) for a first violation. (b) A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one year. (c) A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense. The City Council of Avenal, California, ordains that this chapter shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. If any section, subsection, sentence, clause, word, or phrase of this chapter is held to be unconstitutional or otherwise invalid for any reason, such decision shall not effect the validity of the remainder of this chapter. The City Council of the City of Avenal hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, words, or phrases be declared invalid or unconstitutional. (Ord. No. 2006-01, § 2, 1-26-2006)