Chapter 10.52 — FOOD VENDING VEHICLES

The City Council of the City of Brea expressly finds that parking of vehicles for food vending purposes poses traffic hazards and special dangers to the safety and welfare of children and other residents in the city. Furthermore, food vending vehicles often create noise and other disturbances to the peace, quiet, and enjoyment of residents and businesses in neighborhoods where public or private schools are located, during times that operators of such vehicles do business with school children. It is the purpose and intent of this chapter to establish fair, clear and concise regulations applicable to businesses and persons who engage in the operation of food vending from vehicles in the city. These regulations are intended to provide for greater public health and safety by preventing traffic-related safety hazards, especially hazards to school children buying food or other products from food vending vehicles. The regulations are also intended to more fully preserve the peace, safety and welfare of the community by minimizing unreasonable and disruptive noise. In adopting these regulations, it is the City Council’s intent to allow vending from food vending vehicles, subject to reasonable regulations designed to more fully protect the public health and safety.

(Ord. 1169, 10-1-2013)

"Food vending vehicle." Any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales of produce and/or prepared, pre-packaged, or unprepared, unpackaged food or foodstuffs of any kind, on any public street, alley or highway or private street or alley within the city. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries.

"Operator." Any person or entity that:

1. Owns, controls, manages, and/or leases a food vending vehicle; and/or

2. Contracts with any person(s) to drive, operate, prepare food in, and/or vend from, a food vending vehicle; and/or

3. Drives, operates, prepares food in, or vends from, a food vending vehicle.

"Person." Any natural person, firm, partnership, association, corporation, or other legal entity of any kind or nature.

"Permit." A business license or permit required under any other chapter of this code.

"School." Any public and/or private school in which instruction is given in any or all grades through grade twelve (12).

"Restocking." The transfer of food, goods or merchandise to a food vending vehicle from any other person or vehicle and includes, but is not limited to, loading and delivery of food, goods and merchandise.

"Vend or vending." Soliciting, displaying, or offering produce, prepared or unprepared food, pre-packaged food and/or non-food sundries of any kind for sale or barter or exchange from a food vending vehicle on a public or private street, alley, highway or public place within the city. "Vend" or "vending" includes the movement or standing of a food vending vehicle for the purpose of searching for, obtaining and/or soliciting retail sales or produce, prepared food, prepackaged food or non-food sundries, including, but not limited to, goods, wares, or merchandise. (Ord. 1169, 10-1-2013)

• A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of, a food vending vehicle in the city without a valid business license issued, in addition to any other license or permit required under any other chapter of this code, for each and every food vending vehicle.

• B. All operators shall comply with the following regulations:

  1. Each operator vending any produce or other food item for which a food handling permit or other health permit is required by law, shall possess and at all times display such permit in conspicuous view upon each such vehicle.

  2. Each operator shall possess and at all times display in conspicuous view upon each such vehicle, a City of Brea business license.

  3. No vending from a food vending vehicle shall be permitted within one hundred (100) feet of any intersection of two (2) or more public streets, nor within seven hundred (700) feet of any public or private school, or any park or playground facilities.

  4. No food vending vehicle shall be parked, stopped or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon any public or private street.

  5. All food vending vehicles shall be equipped with refuse containers large enough to contain all trash and refuse generated by the operation of such vehicle. The operator of the food vending vehicle shall pick up all trash and refuse generated by the operator’s vending during the time the vehicle is stopped, that is within not less than a twenty-five (25) foot radius of the vehicle, before such vehicle is moved.

  6. No vending shall be permitted except after the food vending vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner.

  7. Every food vending vehicle shall have the name, address, and telephone number of the holder of the business license permanently affixed on both the left and right sides of the vehicle. Such information shall be in letters and numerals not less than four (4) inches in height and shall be in contrast to the color of the background upon which the letters are placed.

  8. No operator of a food vending vehicle shall operate any sound amplification systems or other sound making devices or music systems, to advertise, draw attention to, or announce the presence of any such vehicle while such vehicle is moving, stopped, standing, or parked upon any public or private street immediately contiguous to any residentially zoned property within the city.

  9. No operator of a food vending vehicle shall use any non-amplified sounds or sound making device while the vehicle is stopped, parked, or otherwise in a stationary position upon any public or private street immediately contiguous to any residentially-zoned property within the city. Any such sounds emanating from a food vending vehicle shall not be audible to a person with normal hearing for a distance of more than two hundred (200) feet from the vehicle.

  10. Restocking of a food vending vehicle is prohibited while the vehicle is on any public or private street or alley.

  11. No food vending vehicle shall attach to or receive any electrical power or other utilities from any public or private property, while the vehicle is located on any private or public street or alley.

  12. No person shall vend from a food vending vehicle which is stopped, parked or standing on any public street, alley or highway when any prospective customer is sitting or standing in another vehicle.

  13. No food vending vehicle shall be parked, stopped or standing on any public street, alley or highway when any prospective customer is located in any portion of the street, alley or highway which is open to vehicular traffic.

14. Vending from a food vending vehicle while the vehicle is parked, stopped or standing on any public or private street, alley or highway, is permitted only when that part of the food vending vehicle open to prospective customers is on the side of the vehicle immediately next to the right side of the public or private street, alley or highway.

(Ord. 1169, 10-1-2013)

• A. The provisions of this chapter shall not apply to food vending vehicles providing food, meals or snacks to employees of businesses located on private property and stopped for a period of thirty (30) minutes or less.

• B. This chapter shall not apply to any city sponsored event where the operator of the food vending vehicle is operating pursuant to a valid contract with the city.

• (Ord. 1169, 10-1-2013)

Violation of any provision of this chapter shall be punishable as an infraction and/or by administrative citation and penalty, as set forth in Chapter 1.04 of this code. (Ord. 1169, 10-1-2013)