Bishop Municipal Code Ch. 5.34 Mobile Businesses

The purpose of this section is to establish regulations governing the time, place, and manner of mobile vending operations on private property and within the public right-of-way, in order to preserve the peace, safety, and welfare of the city and its residents and visitors by:

A. Preventing safety, traffic, and health hazards;

B. Preventing the unregulated proliferation of too many vendors near one location, thus negatively impacting traffic and pedestrian safety; and

C. Establishing standards to ensure that mobile vendors are compatible with their surroundings and the aesthetics of the city.

D. Mobile vending operations means any vehicle used in conjunction with a commissary or other permanent food facility upon which food or merchandise is sold or distributed at retail.

E. Mobile vending operations do not include a "compact mobile food operation" as defined in Cal. Health and Safety Code sec. 113831 as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

(Ord. No. 600, § 2, 1-12-2026)

A. Mobile vending operations shall be in full compliance with all applicable public parking regulations and time limits unless the mobile vendor has been issued an encroachment permit for extended parking periods of time by the director of public works.

B. Each mobile vendor causing the sale of or offering for sale any produce or other food item for which a health permit is required by law, shall possess and at all times display such required permit in conspicuous view upon each such vehicle.

C. Each mobile vendor shall possess and at all times display in conspicuous view upon each such vehicle a City of Bishop Business License.

(Ord. No. 600, § 2, 1-12-2026)

The following time, place, and manner regulations apply to all mobile vending operations:

A. Mobile vending operations shall be in full compliance with all applicable local and state regulations and requirements, including, but not limited to, applicable parking restrictions unless an encroachment permit is issued, the Vehicle Code, Health and Safety Code, and Retail Food Code.

B. The mobile vendor shall not obstruct pedestrian or vehicular traffic in any manner. This includes queuing customers. Adjacent sidewalks or paths must be at least six feet in width, with at least four feet clear for pedestrian movement. The public works director may require additional minimum access width for high-use pedestrian areas.

C. Mobile vending shall only occur between the hours of 7:00 a.m. and 10:00 p.m.

D. No mobile vendor may operate a vending vehicle:

1. On any state highway, including any portion of State Highways 395 and 168.

2. Within 50 feet of any fire hydrant.

3. Within 25 feet of any crosswalk or street intersection

4. Within 25 feet of a bus stop.

5. In a manner that blocks, obstructs, or interferes with access to any public entrance of a business during the hours that such business is open to the public, unless the mobile vendor is operating with the permission of the business owner or property owner.

6. Within ten feet of any entrance to a parking lot or garage.

7. Within 200 feet of any certified farmer's market.

8. Within 200 feet of any temporary special event permit location.

9. Within 100 feet of any public picnic area, playground, or athletic field.

10. Within any public right-of-way, including sidewalks, that directly borders or is immediately adjacent to the property line of any public or private school. This prohibition may be waived for special events for which the city issues a permit, or by written permission of the Bishop Unified School District or any other entity which operates the applicable school.

11. Within a city park without prior written request and approval from the community services department.

12. Other areas where mobile vending is prohibited.

E. Vending is prohibited on the exposed street or traffic side of the vending vehicle.

F. The mobile vendor shall keep the vending area litter free and must remove litter caused by their products within a 25-foot radius of the vending location. Mobile vendor vehicles shall carry a refuse receptacle on board at all times.

G. All discharges and waste shall be contained and properly disposed of by the mobile vendor in accordance with state and local regulations.

H. All merchandise shall be completely contained within the vending vehicle, cart, or stand (i.e., the exterior of the vehicle shall not be used to display merchandise; merchandise displays may not be set up adjacent to a parked vehicle).

I. The mobile vendor shall have adequate lighting to ensure customer safety either on the vehicle or at the vendor location during business hours.

J. The mobile vendor shall be subject to the sign provisions set forth in chapter 17.85.

K. Ice cream trucks shall also adhere to the regulations established by Vehicle Code § 22456.

L. Mobile vendors operating on private property shall comply with the following requirements:

1. The mobile vendor shall not use or permit use of parking spaces on private property if doing so will adversely affect the on-site parking available for the primary use of the site as determined by the planning director.

2. The mobile vendor shall not impede the normal use of circulation aisles, sidewalks, or driveways, or be located in such a manner as to encourage customers to stop in the circulation aisle, sidewalk, driveway, or street to obtain vendor service.

3. The mobile vendor shall maintain a copy of the property owner's permission at the vending location. The mobile vendor shall present this proof upon the demand of a peace officer or city employee authorized to enforce this section.

M. No chairs or other site furniture shall be permitted to be placed within the public right-of-way unless an encroachment permit has been issued by the public works director for such use. Such site furniture may be permitted on private property with permission of the property owner and must comply with the restrictions set forth for the operation of the mobile vendor in this section.

N. Mobile vending vehicles may utilize ice cream truck-type musical chimes or tones and sound amplification for verbal order call-outs, including within residentially zoned areas. Sound generated by a mobile vending vehicle shall be incidental to vending operations and shall not constitute a public nuisance. All sound shall remain subject to the city's generally applicable noise and nuisance regulations.

O. At no time shall minors under the age of 16 be on or in a vending vehicle without the presence of a person authorized by law to drive such vehicle and such person shall have in his possession a valid California Driver's License.

P. No vending vehicle shall attach to or receive any utilities from public property without express written permission from the director of public works.

(Ord. No. 600, § 2, 1-12-2026)

A. The provisions of this chapter shall not apply to vending vehicles that provide meals or snacks for employees of businesses located on private property and stopped for periods of 60 minutes or less.

B. This chapter shall not apply to any city sponsored event where the operator of the vending vehicle is subject to a contract with the city.

(Ord. No. 600, § 2, 1-12-2026)

The provisions of this chapter shall apply to all persons and businesses described herein, whether the described activities were established or operating before or after the effective date of the ordinance enacting this chapter into law.

(Ord. No. 600, § 2, 1-12-2026)

Any vending vehicle operated contrary to the provisions of this chapter is hereby declared to be a public nuisance. The city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement or removal of the vehicle in the manner provided in chapter 8.06 of this Code. The city attorney may also apply to any court of competent jurisdiction to restrain and enjoin any person from operating a food vending vehicle contrary to the provisions of this chapter.

(Ord. No. 600, § 2, 1-12-2026)

Any violation of the provisions of this chapter shall be punished pursuant to the provisions of chapters 1.14 and/or 1.16 of this Code. A criminal complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. No remedy to correct violations of this chapter shall be exclusive of each other, and the city may enforce this chapter's provisions through any legal or equitable remedy, including but not limited to injunctive relief. Each day a violation of any provision of this chapter shall continue shall be a new and separate violation.

(Ord. No. 600, § 2, 1-12-2026)