Barstow Municipal Code Ch. 5.50 Mobile Food Facilities (mffs)

The purpose of this chapter is to provide regulations for the establishment, operation, removal, and cleanup of mobile food facilities (MFFs) in the City of Barstow, which does not constitute a "land use" of sufficient magnitude or longevity to require permanent land use approval.

This chapter is intended to establish regulations and procedures for the review of any MFFs proposed within the City of Barstow.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

Application for a MFFs permit shall be filed with the building division on a form prescribed by the city manager or designee and shall contain such information and reports as may be required by the application submittal package or by other applicable ordinances or by the city manager in order to review and take action on the application.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

(a) Administration. The city hereby incorporates by reference the provisions of the California Retail Food Code, (California Health and Safety Code, § 113700 et seq.) The city manager is authorized by the city council to administer and enforce the provisions of this chapter, unless otherwise provided in this chapter. The city manager may designate a representative to act in his/her place.

(b) Interpretation.

(1) This chapter shall be interpreted in a manner which best fulfills the intent of its provisions.

(2) Questions arising from the application of the chapter shall be interpreted by the city manager/or designee. If any inconsistency still exists in the interpretation, an appeal application shall be referred to the city council for its determination.

(c) Appeals.

(1) Any decision or determination by the city manager or designee may be appealed to the city council.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

A mobile food facility (MFF) may be a truck, trailer or other facility; used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed for public consumption. Catering trucks (from which pre-packaged food is sold) and hot food trucks (on which the food is prepared and then sold) and ice cream vehicles are MFFs. An MFF does not include a transporter used to transport packaged food from a food facility, or other approved source to the consumer (California Retail Food Code § 113831).

Ice cream truck. A fully encased food service establishment on a motor vehicle or on a trailer that a motor vehicle pulls to transport; from which a vendor, from within the frame of the vehicle, serves ice cream, or shaved ice or like desserts; that attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and that may stop to serve ice cream, shaved ice or like desserts at the signal of a patron.

Mobile food trailer. A fully encased food service establishment on a trailer, that a motor vehicle pulls to transport, and from which a food vendor, standing within the frame of the trailer, prepares, cooks, sells, or serves food and/or beverages for immediate human consumption.

Mobile food truck. A fully encased food service establishment on a motor vehicle and from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

(a) Permit required. Except as otherwise provided by the Municipal Code or state or federal law, no person or entity shall advertise, conduct, maintain, operate, or provide admission for any mobile food facilities within the incorporated areas of the city without possessing an unexpired, unsuspended, and unrevoked MFFs permit from the city manager/or designee.

(1) County health permit and city approval must be conspicuously displayed during hours of operation. A copy of the current business license and fire permit must be available in the vehicle to be show upon request; and

(2) The city permit(s) issued for the MFFs vendor's (the annual permit held by vendor and/or the permit held by the owner of the subject property) may be revoked if the city manager determines the MFFs prepared food vendor's operations are causing parking, traffic congestion, noise, or litter problems either on the subject property or on adjacent properties.

(3) The application for a mobile food vendor shall include the address of the location where the mobile food vendor is to be cleaned, restocked, and stored overnight (commissary).

(b) Closure if no permit. A MFFs conducted without the required permit is subject to closure at any time during the business operations. It shall be the responsibility of the applicant to have the permit approval letter on-site during the business hours. The applicant, business owner, and/or landowner may be liable for the costs of the agencies participating in the closure of the business.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

The applicant shall supply a site plan application and other related information to the building department identifying the location, intensity, and level of services required for each proposed MFFs. The applicant must show, provide and comply with the following criteria:

(a) Submit a site plan depicting location staging area;

(b) The MFF must operate on a commercial or industrial property.

(c) The MFF must have written approval of the property owner or designee. If sharing the parking lot or parcel with a brick and mortar business owner(s) the MFF must have the approval of the brick and mortar business owner(s). The MFF must also have approval from brick and mortar restaurants and fast food establishments within 300 feet of the property;

(d) Operate only on the property for which the permit is granted;

(e) Notation of land uses must be depicted on the site plan as well as adjacent properties;

(f) Facility shall be operated within 200 feet travel distance of an approved and readily available toilet and hand washing facility reciprocal use permission must be granted from the participating business;

(g) One MFFs truck per permit;

(h) Each permit should have a designated responsible party. This responsible party shall provide a valid driver's license number, date of birth and vehicle identification information including telephone or cellular telephone number for emergency contact.

(i) No MFF or ice cream truck shall cause light and glare onto adjacent parcels. For safety purposes, site lighting must be provided if hours extend past daylight hours. Spotlights are not permitted, and lighting must not impact adjacent property owners;

(j) MFFs shall have fire extinguishers as required by the fire department. MFFs shall not block fire hydrants and shall know the location of the nearest fire hydrant to them;

(k) Medical/first aid facilities to be provided on site;

(l) MFFs vendors shall not operate the vehicle as a drive-in window business;

(m) Only a menu board sign on the vehicle is permitted and no portable or other display signs and similar like advertising are permissible;

(n) The MFFs must have a city approved annual sticker, and county health department approval visibly displayed prominently on the vehicle;

(o) Any sale of alcohol must have approval from the California Department of Alcohol and Beverage Control (ABC). No alcohol shall be sold within 500 feet of any school, or as determined by ABC;

(p) No MFFs are permitted on a vacant unimproved lot; and

(q) The noise level from the food truck motor and generator shall not exceed 60 dBA.

(r) Any damaged landscaping shall require immediate restoration;

(s) Operation shall be limited to normal business hours 8:00 a.m.—8:00 p.m. Extended hours may be approved on a temporary basis by the city manager or designee. Upon application, the merchant must show substantial justification for why extended hours on a temporary basis are appropriate;

(t) All aspects of the business shall be temporary in nature and must be able to be removed from the premises each day. No outdoor storage of tables, chairs, or umbrellas associated with the mobile food vendor operation shall be allowed and no overnight parking of the mobile food vendor is permitted.

(u) The mobile food vendor shall return on a nightly basis to a specified location for cleaning, restocking, dumping of waste, storage, etc. The specific location shall be identified in the business license application.

(v) Vehicle must abide by California vehicle codes.

(w) Additional and reasonable criteria could also be applicable pertaining to any public health and safety issues.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

The operation of an MFF shall not cause any traffic or parking congestion and shall abide by the following criteria;

(a) No ingress/egress, nor line of sight for ingress/egress, shall be blocked or impeded;

(b) Use of onsite parking must have the permission of the business owner and shall not use active stalls closest to the business entrance(s); and

(c) At least five parking spaces adjacent to the MFF must be provided for MFF customers.

(d) No MFF shall block any public sidewalk or impede ADA access along any public sidewalk or pedestrian pathway.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

The regulations below apply to all MFFs but are specifically designed for ice cream trucks.

(a) Ice cream trucks shall only park if they are not blocking the travel lane. Ice cream trucks shall not park in a residential area without customers near the vehicle.

(b) No ice cream truck shall be parked within a street that does not have on-street parking. They shall not sell or offer to sell food or beverages on streets where the speed limit exceeds 25 miles per hour, unless they are within a parking lot. Ice cream trucks shall be limited to local streets only (arterial and collector streets shall be prohibited).

(c) Food or beverages shall only be sold or offered for sale when the ice cream truck is completely stopped and lawfully parked, and only from the rear or side of the vehicle nearest to the curb or edge of the roadway on the right side (sidewalk side) of the vehicle. The operator of the ice cream truck shall not sell to any person standing in the roadway.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

(a) MFF vendors shall provide documentation of San Bernardino County Health Department approval.

(b) Temporary connections to potable water are prohibited.

(c) Grease shall be disposed of in a grease trap or collected in a grease vat for recycling at an existing restaurant, commissary or food preparation facility (grease shall not be disposed of in any dumpster, sewer system or storm drains). Violation of this may result in immediate revocation of MFF license.

(d) All waste and wastewater shall be disposed of according to City of Barstow requirements and shall not be dumped on the ground, directly into the sewer system or in the storm water system, or upon any public street, sidewalk or premises in the city.

(e) An operator of an MFF of any kind at any location, and prior to leaving that location, shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed by that operator, including any packages or containers, or parts thereof, used with or for dispensing such food.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

MFFs are permitted to operate in the city on an annual basis at "construction sites" located in residential, commercial, office professional, and industrial districts. This also includes "ice cream truck routes" located in residential areas.

Applicant(s) must comply with provisions contained in chapter 5.50 section (f) (with the exception of conditions section (f) 4 and 5) and the applicant must show, provide and comply, with the following additional criteria for MFFs:

(a) Operate at construction sites within residential, commercial, office professional, and industrial zoning districts;

(b) Ice cream trucks are only permitted in approved routes within residential zoning districts;

(c) Obtain application permit for a mobile food facility;

(d) Operate during the hours of 8:00 a.m.—8:00 p.m. Notwithstanding the above section (f)(18) above, operation for construction sites may begin 30 minutes prior to the beginning of construction scheduling.; Other extended hours may be approved by the city manager of community development. Upon application, the merchant must show substantial justification for why extended hours on a temporary basis are appropriate;

(e) Facility must not exceed a noise level of 60 dBA;

(f) One MFF truck per permit;

(g) Medical/first aid facilities to be provide;

(h) Any damaged landscaping shall require immediate restoration;

(i) MFFs shall have fire extinguishers as required by the fire department. MFFs shall not block fire hydrants;

(j) The MFFs must have a city approved annual sticker visibly displayed prominently on the vehicle;

(k) A request to play or broadcast music from ice cream trucks must be approved as part of the permit to operate within the residential districts and has the restricted noise hours of 10:00 a.m. to 6:00 p.m.

(l) The mobile food vendor shall return on a nightly basis to a specified location for cleaning, restocking, dumping of waste, storage, etc. The specific location shall be identified in the business license application.

(m) Vehicle must abide by California vehicle codes.

(n) Additional and reasonable criteria could also be applicable pertaining to any public health and safety issues.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

(a) Fees. All estimated total fees and charges shall be deposited by the applicant with the affected department(s) at least 30 days before the scheduled occurrence of the MFFs.

(b) Bonding and insurance. The applicant may be required to provide sufficient liability insurance naming the city as an additional named insured. The insurance shall be sufficient to protect, defend, and indemnify the city, its agents, employees, officers, servants, and volunteers from and against any claim, damage, injury, liability, and loss of any nature arising out of, or in any way connected to, the MFFs, including ice cream trucks. The amount, quality, and type of the insurance shall be determined in compliance with the policy established by the risk management department. The city may require a bond to be posted before the MFFs to ensure that all conditions are met, including the cleanup and restoration of any damaged landscape, or other on-site or off-site features.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

(a) The MFF vendors shall comply with all local, county and state retail sales tax regulation, including food and beverage tax regulations;

(b) An annual mobile food vehicle and business license permits shall be obtained from the city.

(c) Permitting license can be revoked per violation of the Municipal and Development Codes and other related county health and safety Code issues.

(d) The City of Barstow shall be listed as the point of sales for any transaction located within the City of Barstow.

(e) Coordinated complaint response and enforcement of regulations for MFF truck operations is within the jurisdiction of the County of San Bernardino Division of Environmental Health Services (DEHS) would remain responsible for investigation and resolution of food safety related issues; The city is responsible for investigation and resolution of alleged violation of local safety regulations, including, but not limited to, licensing, traffic, congestion, pedestrian safety, etc.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

(a) Upon receipt of a completed application, site plan, and all related fees, the building department shall review the application for completeness and review the application for approval or denial.

(1) The building department may approve or deny the application; and/or

(2) May refer the application directly to the planning commission for consideration.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

(a) A permit may be suspended or revoked to protect the public health, safety and welfare, as well as the rights to due process of permit holders per the city manager.

(b) Any decision by the city manager to revoke the permit or to amend the permit can be appealed to the city council.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)

(a) Private individuals transporting food for personal use are exempted from the provisions of this chapter.

(b) Sidewalk vendors with valid sidewalk vending permits issued by the community development department under section 5.40.020 to vend upon the city's public sidewalk or other paved public pedestrian path are also exempted from the provisions of this chapter to allow for vending on public sidewalks or paved pedestrian paths.

(Ord. No. 971-2021, § 1(Exh. A), 3-1-2021)