Big Bear Lake Municipal Code Ch. 10.40 Mobile Food Vendors in the Public Right-of-Way

This chapter is adopted pursuant to the authority granted to the city by Section 22455 of the California Vehicle Code, which permits local authorities to regulate the type of vending and the time, place, and manner of vending from vehicles upon the street in order to promote public safety.

(Ord. No. 2019-465, § 1, 5-13-2019)

A. Mobile Food Vendor: A person or business that operates or assists in the operation of a vending vehicle.

B. Vending Vehicle: Any self-propelled, motorized device or vehicle by which any person or property may be propelled or moved upon a highway or street—excepting a device moved exclusively by human power—or which may be drawn or towed by a self-propelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged, or otherwise given.

C. Special Event Permit: A permit issued pursuant to Chapter 17.13 of the Big Bear Lake Municipal Code.

(Ord. No. 2019-465, § 1, 5-13-2019)

A mobile food vendor may locate its vehicle in the public right-of-way as long as the mobile food vendor adheres to the following time, place, and manner restrictions:

A. The vehicle is in full compliance with all parking and California Vehicle Code provisions which apply to the location at which it is parked.

B. The vending vehicle does not obstruct pedestrian or vehicular traffic in any manner.

C. No mobile food vendor shall operate a vending vehicle:

1. Within ten (10) feet from the outer edge of any entrance of any business during the hours that such business is open to the public. This prohibition may be waived with the written consent of such business. For purposes hereof, the term "entrance" includes but is not limited to doors, vestibules, driveways, outdoor dining area entries, and emergency exits.

2. Within twenty-five (25) feet of any street intersection controlled by a traffic light, crosswalk, or stop sign.

3. Within twenty-five (25) feet of a bus stop.

4. Within three hundred (300) feet of the nearest property line of any property in which a public building is located, between the hours of seven a.m. and five p.m. of any school day. For purposes of this chapter, "public school" shall be defined as a school governed or operated by a unified school district or other similar public entity. This prohibition may be waived for special events for which the city issues a permit, or by written permission of the Bear Valley Unified School District or any other entity which operates the applicable school.

5. Within the immediate vicinity of an event held pursuant to a special event permit.

D. The mobile food vendor must be in compliance with Health and Safety Code Section 114315(a), in that the facility shall be operated within two hundred (200) feet travel distance of an available toilet and hand washing facility when it is stopped to conduct business for more than a one hour period.

E. The mobile food vendor shall keep the vending area litter free. The mobile food vendor must remove litter caused by its products from any public and private property within a twenty-five (25) foot radius of the vending vehicle's location.

F. The mobile food vendor shall not discharge any liquid (e.g. water, grease, oil, etc.) onto or into city streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the mobile food vendor.

G. Vending is prohibited on the exposed street and/or traffic side of the vending vehicle.

H. No amplified music is permitted.

I. A vending vehicle may not stand or park in the public right-of-way between the hours of ten p.m. and eight a.m. in commercial and industrial zones, and between seven p.m. and ten a.m. in residential zones. The vending vehicle shall comply with the California Vehicle Code at all times.

J. The mobile food vendor shall have a valid business license issued by the city.

K. The mobile food vendor shall have a valid permit issued by the San Bernardino County Department of Environmental Health Services. All required county health permits must be in the possession of the mobile food vendor at all times during which it operates within the city.

L. All food products sold or provided from the vending vehicle shall comply with all applicable food labeling requirements established by the state of California.

M. All mobile food vendors' vending vehicles shall be inspected and approved by the Big Bear Fire Department prior to issuance of its initial business license and from time to time thereafter in the discretion of the Big Bear Fire Department. At a minimum, all cooking equipment producing grease laden vapors shall be protected by a UL 300 listed automatic fire extinguishing system. A class K fire extinguisher shall be provided within each vending vehicle at an accessible location. All fire protection equipment shall be properly maintained and serviced at intervals required by the California Fire Code.

N. The mobile food vendor shall maintain insurance, as deemed acceptable in the reasonable discretion of the city, and provide to the city written certification thereof, against liability for death or injury to any person and damage to property as a result of ownership, operation, or use of its mobile food facilities. The city council may adopt insurance requirements as set by resolution. In addition, the vendor shall indemnify, defend and hold the city harmless from any claims arising out of or related to the vendor's ownership, operation, or use of its mobile food facilities, except as otherwise permitted by applicable law.

O. The mobile food vendor shall comply with all applicable state, county and local laws.

(Ord. No. 2019-465, § 1, 5-13-2019)