Calexico Municipal Code Ch. 5.86 Mobile Vending

For the purpose of this chapter, the following words and phrases shall have the following meanings:

"Brick-and-mortar restaurant" means a non-mobile restaurant located within a fixed building containing a commercial kitchen.

"City" means the City of Calexico.

"City-based vendor" means a mobile vendor whose primary residence is located within the jurisdictional boundaries of the City of Calexico.

"City park and public facility" means and includes all parks, recreational buildings, arts and cultural buildings, and associated restrooms, snack bars, gathering or parking areas.

"Community event" means an event that is of civic, political, public or educational nature, including city festivals, and other public gatherings approved by the City, as defined in Health and Safety Code section 113755, as now adopted or hereafter amended.

"Food" means items intended primarily for consumption by human beings.

"Food Truck Court" means an area set up with more than two vending vehicles.

"Goods or merchandise" means any item that is not food or a food product and can be sold and immediately obtained from a sidewalk vendor. Items for rent, subscription plans, and other services shall not be considered goods or merchandise.

"Mobile food facility" means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail, or as defined in California Health & Safety Code Section 113831.

"Mobile food facility permit" means a permit issued by the public health department to operate a mobile food facility.

"Mobile vendor" or "vendor" means any person who vends from a vending cart, from one's person, or from a vending vehicle, including an employee or agent of another.

"Mobile vendor permit" is the revocable permission issued by the city pursuant to this chapter granting an applicant the right to operate a mobile vending business within the city, subject to the provisions of this chapter.

"Peddler" is defined as any person, including salesperson or vendor, who goes from house to house or place to place, going in and upon private residences or residential property within the city, selling and making immediate delivery or offering for sale and immediate delivery, any goods, wares, merchandise, newspapers, magazines or services or anything of value in the possession of the peddler to persons other than manufacturers, wholesalers, jobbers, or retailers in such commodities or services.

"Public health department" means the Division of Environmental Health of the Imperial County Public Health Department.

"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

"Roaming vehicular street vendor" means a street vendor that operates a vending vehicle, such as an ice cream truck, that moves from place to place and stops only to complete a transaction.

"Selling door-to-door" means the practice of going in and upon private residences or residential property in the city by solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise, not having been requested or invited to do so by the owner or occupant of such private residence; for the purpose of soliciting funds, contracts or services, order for the sale of contracts, newspapers, magazines, services, goods, wares, merchandise, or anything of value; or for the purpose of disposing of, or peddling, or hawking the same, or any of them.

"Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-drive cart, wagon, showcase, rack, or other non-motorized conveyance, or from his/her person, upon a public sidewalk or other public path, and includes those selling for charitable purposes, and also includes "roaming sidewalk vendor" and "stationary sidewalk vendor."

"Solicit" or "solicitation" means the request, directly or indirectly, of money, contribution, credit, property, financial assistance or other thing of value. These words shall also mean and include the sale of, offer or attempt to sell, any contract, service, wares, or merchandise. A "solicitation" as defined in this chapter shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this chapter.

"Solicitor" is defined as any person, including salesperson or vendor, who engages in the business of going from house to house or place to place going in and upon private residences or residential property within the city, selling or taking orders for, or offering to sell or take orders for goods, wares, merchandise, newspapers, magazines or services, or other things of value, for future delivery or for services to be performed in the future, to commodities or services.

"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.

"Street" means that portion of the public right-of-way or public easement for the purposes of vehicle travel or parking.

"Vend" or "vending" means offering goods or food of any kind for preparation or sale.

"Vending vehicle" means any motorized vehicle, motorized device, or trailer that is propelled or drawn by a motorized vehicle and that may be legally propelled or move upon a road or highway.

"Vending cart" means any pushcart, stand, display, pedal drive cart, wagon, showcase, rack or other non-motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.

(Ord. No. 1249, § 3, 12-3-25)

A. All vendors operating mobile food facilities in the city in any capacity must obtain all required permits from the public health department.

B. Nothing in this chapter shall prevent the city from denying any permit application for any mobile food facility if, in the opinion of the public health department or city, such mobile food facility poses a real potential risk to the health and welfare of the public.

(Ord. No. 1249, § 3, 12-3-25)

All vendors shall be required to apply for and obtain a business license pursuant to Title 5 of the Municipal Code. All other vendors shall carry a business license certificate that can be readily inspected upon request by a city official or any other authorized person. Vendor sales shall be subject to sales tax in a manner required by state law.

(Ord. No. 1249, § 3, 12-3-25)

In addition to procuring a business license as set forth in Section 5.86.030, all persons vending on the public right-of-way, private property, or public property shall obtain a mobile vendor permit issued pursuant to this chapter and any other license or permit required under any other chapter of this Code.

(Ord. No. 1249, § 3, 12-3-25)

The mobile food permit application shall be processed concurrently with the business license application as a separate form and the application form shall include sufficient information as prescribed by the planning & building director in order to properly evaluate the application for compliance with this chapter, including, but not limited to: applicant information, description of goods and/or food being sold, vending vehicle information, valid copies of public health department permits (if applicable), and a site plan for stationary vending. Along with the business license application, the mobile vendor permit application form, shall be routed to all city departments for review and approval by signature.

(Ord. No. 1249, § 3, 12-3-25)

With exception to operating on city property or on street segments with metered parking, there shall be no additional fee for city-based vendors other than the business license fee for a mobile vendor permit. Non-city-based vendors shall be subject to the business license fee and a $300 mobile vendor permit fee. Mobile vendors obtaining an annual business license shall not be required to obtain a one-day business license for special events. Mobile vendors operating in a city park shall be subject to the park rental fee which shall be valid for one month. Mobile vehicular vendors operating in a metered parking space shall pay the full cost of the metered parking for the duration of the vending. The chief of police or designee shall have to authority to permit a mobile vehicular vendor to exceed posted time limits for a metered or non-metered parking space as part of the review and approval of the mobile vendor permit application. Mobile vendors operating on a non-park city property shall be subject to applicable special event or temporary use permit fees or to rental price and terms as negotiated with the city manager and authorized by the city council. Neither the filing of an application for a permit, nor the payment of an application fee, shall authorize the vending from, operation or management of a mobile vending operation until such permit has been granted or renewed. Nothing in this section precludes the city from inspecting and re-inspecting the mobile vending business if it is determined that such inspection or re-inspections are necessary to ensure the health and welfare of the public.

(Ord. No. 1249, § 3, 12-3-25)

The finance director or designee, within thirty (30) days after receiving a complete application, shall grant the business license and mobile vendor permit if the finance director or designee finds that all of the following requirements have been met:

A. The required fees have been paid;

B. The mobile vendor permit application has been approved by the planning & building director or designee with a determination that the application conforms in all respects to the provisions of this chapter and other chapters of the Code;

C. The applicant has not knowingly made a material misrepresentation of fact in the application;

D. The applicant has fully cooperated in the investigation of the application; and

E. The applicant has not failed to pay any previous administrative fines, complete any community service and/or complete any other alternative disposition associated with a previous violation of this chapter.

(Ord. No. 1249, § 3, 12-3-25)

A. If the planning & building director or designee finds that the requirements set forth in this chapter have not been met, the planning & building director or designee shall deny the application for a mobile vendor permit. In the event the application is denied by the planning & building director or designee, written notice of such denial shall be given to the applicant specifying the basis for such denial. Notice of denial shall be deemed to have been served, if, in fact, it is personally served to the applicant, via electronic transmittal to the e-mail address provided by the applicant, or mailed to the applicant at his/her mailing address as provided in the application.

B. Any applicant whose application for a mobile vendor permit has been denied by the planning & building director or designee may submit an appeal in writing to the city clerk within fifteen (15) days of such denial. Appeals will be heard by the administrative hearing officer. The decision made by the administrative hearing officer may be appealed to the city council. All appeals shall be subject to any and all applicable appeal fees as approved by resolution.

C. The mobile vendor permit shall remain valid with a corresponding business license that is active and in good standing. The mobile vendor permit shall become null and void with an expired, revoked and/or inactive business license. A new application for a business license and mobile vendor permit shall be submitted pursuant to the procedures established in this chapter if a business license and mobile vendor permit have expired or have been revoked.

(Ord. No. 1249, § 3, 12-3-25)

A. Any mobile vendor permit may be suspended or revoked by the planning & building director or designee for any of the following reasons:

1. Falsehood of any information supplied by the permittee upon which issuance of the permit was based;

2. Failure of the permittee to notify the planning & building director or designee within two (2) weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permittee was based;

3. Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the Municipal Code; or

4. Violation by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or municipal ordinance while in the course of conducting vending operations from mobile food facilities.

B. The city reserves the right to revoke the mobile vendor permit if the permittee is in violation of any federal, state or local laws.

C. No person whose mobile vendor permit is revoked shall be eligible to apply for a new mobile vendor permit for a period of one (1) year following such revocation.

(Ord. No. 1249, § 3, 12-3-25)

All mobile vendors shall comply with the following standards and conditions:

A. Vendors shall maintain at all times while vending a valid business license, mobile vendor permit, and any other permit(s) or licenses(s) required by the city or other governmental agencies. Food vendors shall in addition, maintain a valid health permit from the public health department. All required permits specified in this section shall be placed on display in plain view by the public.

B. No vendor may use sound amplifying equipment, unless it complies with the noise limits established in Chapter 8.46 of the Municipal Code.

C. No lighting may be used except localized lighting that is used by the vendor for visibility after dark.

D. Mobile vendors shall not operate in any of the following locations or under the following conditions, as specified in this section:

1. Excepting peddlers and solicitors, mobile vending shall be prohibited within residential zones. For the purposes of this chapter, residential zones shall be as prescribed in Municipal Code Chapter 17.03 and as applied to real property pursuant to the city's official zoning map. Where the zoning of a street is ambiguous, the half street, including any sidewalks therein, shall have the same zoning as the adjoining real property. No peddler or solicitor, whether selling or pretending to sell goods, wares, or merchandise of any kind or taking orders for any article, material, or substance, is allowed to ring the bell or knock on the door of any residence, dwelling, flat, or apartment that has a sign displaying "No Peddlers," "No Solicitors," or "No Peddlers or Solicitors."

2. Within 300 feet of an existing brick-and-mortar restaurant if selling food. However, mobile food vendors may operate on the same property, or frontage thereof, of a brick-and-mortar restaurant if the brick-and-mortar restaurant and mobile food vending business have common ownership and sell similar food menu items.

3. Within 200 feet of an area designated for a permitted special event or temporary use permit event. This prohibition shall be limited to the duration of the temporary event.

4. Within 300 feet of the nearest property line of any property on which a school building is located, between the hours of 7:00 a.m. and 4:00 p.m., each day that school is in session.

5. Vending is prohibited on the following streets and roads:

i. 1 st Street, between Paulin Avenue and Heber Avenue;

ii. 2 nd Street, between Paulin Avenue and Heber Avenue;

iii. Rockwood Avenue, between 1 st Street and 3 rd Street;

iv. Heffernan Avenue, between 1 st Street and 3 rd Street;

v. Adams Avenue between 4 th Street and Imperial Avenue;

vi. Highway 111 (Imperial Avenue);

vii. Highway 98 (Birch Street);

viii. Anza Road; and

ix. Meadows Avenue;

x. Andrade Avenue, between Highway 98 and Cole Blvd.

6. When the posted speed limit on the public street is greater than thirty-five (35) miles per hour.

7. When the vending vehicle is parked in violation of any other provision of this Code, or the California Vehicle Code.

8. Adjoining an intersection or on a roadway segment that the city Engineer has determined to be unsafe due to vehicular congestion with a level of service D or worse.

E. Vendor shall not discharge any liquid (e.g., grease, oil, water) onto or into city streets, storm drains, catch basins, or sewer facilities.

F. Signage shall be limited only to the vending offered and must be displayed upon the vending vehicle, vending cart or person. Banners, wind feathers or free-standing signage is prohibited.

G. No vending of alcohol, tobacco, drugs or cannabis, firearms, weapons, spray cans, or pornography.

H. No verbal solicitation of business from pedestrians or persons in vehicles, and no sales to persons in vehicles.

I. No obstruction or interference with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any parking lot, business, public building, or dwelling unit.

J. No obstruction of required visibility triangle at any driveway or intersection as established in Section 17.09.460(C) of the Municipal Code.

K. No littering or release of any liquids.

L. Vendors utilizing cooking or other heat generating equipment shall have a certified fire extinguisher or other acceptable fire suppression equipment while operating.

M. The vendor shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.

N. The vendor shall not allow loitering around their vending area.

(Ord. No. 1249, § 3, 12-3-25)

A. No sidewalk vendor shall operate in the following locations:

1. Within twenty feet (20) of any street intersection;

2. Within ten (10) feet of any driveway or driveway apron;

3. Upon or within any roadway, median strip, or dividing section;

4. Within eight (8) feet from entrance or exit of a building; or

5. Within fifty (50) feet from another sidewalk vendor, street vendor, or mobile vendor on private property.

B. Sidewalk vendors must at all times provide a clearance of not less than five (5) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices. No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles.

C. No sidewalk vendor shall block or impede access to bicycle racks, bus stops, parking meters, required accessibility routes and curb cuts, trash enclosure areas or trash bins, fire hydrants, fire call boxes, or other emergency facilities.

D. No sidewalk vendor shall distribute any item from the vending cart in a manner that causes any person to stand in the street.

E. Sidewalk vendors shall not offer, provide, rent, or sell a service that is neither defined as merchandise nor food.

F. Vending is permitted between the hours of 7:00 a.m. and 11 p.m., daily, except as follows:

1. In residential areas, peddlers and solicitors shall only vend between the hours of 8:00 a.m. and 7:00 p.m. daily.

G. A stationary sidewalk vendor may stay in one (1) location only for eight (8) hours.

H. Sidewalk vendors shall maintain and possess, at all times while vending, proof of liability insurance in the amount required by the city.

I. Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

J. No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property.

K. Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.

L. Stationary vendor may not store materials or equipment around his or her vending area.

M. Stationary sidewalk vendors shall maintain a clearly designated trash receptacle in the immediate vicinity of the vending cart, marked with a sign requesting use by patrons. Prior to leaving any vending location, the vendor shall pick up, remove, and dispose of all trash generated by the vending operations within a twenty-five (25) foot radius of the vending location. Vendors may not utilize solid waste receptacles belonging to other businesses without consent from that business. Vendors may not utilize solid waste receptacles belonging to the city, county, or other public agency without prior consent.

(Ord. No. 1249, § 3, 12-3-25)

A. Mobile vendors shall not operate on private property within a residential zone.

B. No mobile vendor operating on private property shall be stationary for a period longer than twelve (12) hours.

C. Tables and chairs shall be allowed within the mobile vendor's designated space as defined in the site plan. Tables and chairs shall not be permanently affixed and shall be moveable.

D. Food truck courts with shared seating and sanitation facilities shall be permitted on private property.

E. The site where a vendor is parked shall consist of a paved surface with adequate parking and maintained in a safe and clean manner at all times.

F. Exterior storage, equipment or materials associated with the mobile food facility is prohibited, unless expressly allowed in this chapter. All refuse shall be removed from the vending site and properly disposed of within thirty (30) minutes of the closing of vending for the day at the site. A minimum of two (2) thirty-two (32) gallon litter receptacles within fifteen (15) feet of the vehicle shall be provided. The receptacles will serve both employees and customers.

G. The vendor shall install signage indicating that loitering is not permitted and customers may only remain on the lot for up to thirty (30) minutes after receiving their food. The vendor shall enforce the no-loitering rule.

H. The serving or consumption of alcohol shall be prohibited from a mobile vendor. However, a mobile vendor may operate at a special event where alcohol is served or in conjunction with an alcohol-serving establishment, such as a brewery.

I. No lighting, except lighting that is used for the purpose of inside food preparation and menu illumination. String lighting with warm color bulbs (under 3000 Kelvin) shall be permitted for outdoor seating areas.

J. Signs placed in or on the mobile food facility are permitted. Banners, wind feathers, vehicle signs or other free standing signage is prohibited.

K. If within a parking lot, parking of mobile vendor vehicles shall be in underutilized areas of the parking lot or within a parking lot that is not in use during the operation of the mobile vending business due to a staggered use (e.g. office building) or closed business.

L. The vendor shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.

(Ord. No. 1249, § 3, 12-3-25)

A. Only vending vehicles authorized to operate on a highway, shall be allowed to operate in the public right of way.

B. In addition to any other equipment required by law, each vending vehicle shall be equipped with the following:

1. A convex mirror mounted so that the driver can see the area in front of the truck that is blocked by the truck's hood; and

2. A back-up alarm audible for a distance of at least one-hundred (100) feet.

C. Vending vehicles are allowed to park and operate on the public right-of-way for no more than twelve (12) hours, between the hours of 6:00 a.m. and 12 a.m., however, with no limitation on the hours of operation for those serving farmworkers, except when the following apply:

1. When located within fifty (50) linear feet from a corner;

2. When located within fifty (50) linear feet from another sidewalk vendor, street vendor, or mobile vendor on private property; and

3. When located within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp.

D. Vending is prohibited from the street side and food or goods shall not be distributed to parked or moving vehicles.

E. Vending vehicles shall maintain and possess at all times while vending proof of liability insurance in the amount required by the city.

F. The mobile food facility shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.

G. No lighting, except localized lighting that is used on or in the mobile food facility for the purpose of inside food preparation and menu illumination.

H. Signs placed in or on the mobile food facility are permitted. Banners, wind feathers, or other free-standing signage is prohibited on the public right-of-way.

I. Vending vehicles operations shall maintain a clearly designated trash receptacle in the immediate vicinity of the vending vehicle, marked with a sign requesting use by patrons. Prior to leaving any vending location the vendor shall pick up, remove, and dispose of all trash generated by the vending operation within 25 feet from the vending location.

J. Roaming vehicular street vendors (e.g. ice cream trucks) may operate subject to the following conditions:

1. May operate between the hours of 8:00 a.m. to 6:00 p.m. in all zones.

2. May stop only to complete a transaction and shall not remain stationary for longer than ten (10) minutes at any one (1) location.

3. Shall obey all applicable state and local traffic laws at all times while operating on public streets.

4. Shall maintain pedestrian and vehicular circulation consistent with the Americans with Disabilities Act.

(Ord. No. 1249, § 3, 12-3-25)

A. Vending shall be allowed at city parks at the discretion of the recreation manager, where, based on the determination of the recreation manager, such vending will not conflict with concessionaires, private rentals at the park and the area the vendor will conduct business is suitable and will not have a detrimental impact on park infrastructure. The recreation manager shall not authorize more than three vendors at a single park during any one month unless part of a special event or temporary use permit. Vendors shall pay the established park rental fee, which shall be valid for one month.

B. Vending shall be allowed at non-park city properties on a case-by-case basis with rental price and terms negotiated by the city manager and authorized by the city council. Food truck courts shall be similarly allowed on city property. Alternatively, the city manager may authorize the temporary use of non-park city property for mobile vending, including food truck courts, through a special event or temporary use permit.

C. The city reserves the right to prohibit mobile vending within a park with an exclusive concessionaire agreement.

D. No vendor may vend in a city park during any scheduled event, whether it is a city event or a private event for which a special event permit or temporary use permit has been obtained, unless such vendor is authorized by the special event or temporary use organizer to participate in such event.

E. In addition to the requirements of this chapter, any vendor operating in a city park is subject to the rules and regulations for activities and vending within that park.

F. No vendor may operate on a sports court or field, whether or not that facility is in use.

G. No lighting, except lighting that is used for the purpose of inside food preparation and menu illumination. String lighting with warm color bulbs (under 3000 Kelvin) shall be permitted for outdoor seating areas.

H. A vendor may vend in a park only during the hours such park is open.

(Ord. No. 1249, § 3, 12-3-25)

Vendors operating in conjunction with an outdoor market, community event, or other event permitted through a temporary use permit or special event permit shall be subject to the requirements and conditions of that permit. The temporary use permit or special event permit may allow exceptions to the operational provisions of this chapter, including, but not limited to, the number of and spacing between mobile vendors.

(Ord. No. 1249, § 3, 12-3-25)

Any violation of this chapter is hereby declared to be unlawful and a public health nuisance and may be abated by the city, irrespective of any other remedy provided in this chapter.

(Ord. No. 1249, § 3, 12-3-25)

A. A violation of the requirements of this chapter is punishable only by administrative citations, as follows: one hundred dollars ($100.00) for the first violation; two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; and five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

B. The city may revoke the vendor's business license and mobile vendor permit for the remaining term upon a fourth or subsequent violation and the vendor may be denied a subsequent business license or mobile vendor permit.

(Ord. No. 1249, § 3, 12-3-25)

A. At the time of service of an administrative citation pursuant to Municipal Code Chapter 1.27, the city shall provide the vendor with notice of the right to request a fine reduction and hardship waiver pursuant to Municipal Code Sections 1.27.040 and 1.27.080 and shall provide instructions for how to do so.

B. Notwithstanding the time frames set out in Municipal Code Chapter 1.27 regarding administrative citations, any vendor served with a citation under this chapter may request a fine reduction and hardship waiver pursuant to Municipal Code Sections 1.27.040 and 1.27.080 at any time while the citation remains unpaid.

C. The city will accept twenty (20) percent of the administrative fine as full payment when the vendor applying for a fine reduction and hardship waiver meets the criteria described in California Government Code Section 62632(a) or (b).

(Ord. No. 1249, § 3, 12-3-25)