Ceres Municipal Code Ch. 10 Mobile Food Vendors

Footnotes:

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Editor's note— Ord. No. 2023-1080, § 1, adopted December 11, 2023, amended the Code by, in effect, repealing former ch. 10, §§ 5.10.010—5.10.080, and adding a new ch. 10. Former ch. 10 pertained to mobile food vending from motor vehicles, and derived from Ord. No. 2020-1057, § 1, adopted March 23, 2020.

The purpose of this chapter is to establish a permitting and regulatory program for mobile food vendors operating from motor vehicles, vehicles, trailers, and/or trailer coaches as defined in the California Vehicle Code. The provisions of this chapter allow the City to encourage small business activities while still permitting regulation and enforcement of unpermitted mobile food vending activities to protect the public's health, safety, and welfare.

(Ord. No. 2023-1080, § 1, 12-11-2023)

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Applicant is the owner and/or primary operator of the mobile food vendor operation.

Approving Authority is the City Manager or designee for all types of mobile food vendor permits except those issued as conditional use permits by the Ceres Planning Commission.

Hearing Officer means an impartial individual designated by the City Manager to determine appeals pursuant to and in accordance with chapters 5.10 and 19.11 of the Ceres Municipal Code.

Mobile food vendor means a person who displays, prepares, or processes food on a motor vehicle, vehicle, trailer, and/or trailer coach for the purpose of selling food to a consumer. Mobile food vendor does not include a handcart or bicycle-pulled cart, which are regulated under title 5, Business Licenses and Regulations, chapter 17 Sidewalk Vending, of the Ceres Municipal Code. For the purposes of this chapter, "mobile food vendor's vehicle or trailer" includes their motor vehicle, vehicle, trailer, and/or trailer coach.

Motor vehicle as defined in the California Vehicle Code 415, is a vehicle that is self-propelled.

Trailer as defined in the California Vehicle Code 630, is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.

Trailer coach as defined in the California Vehicle Code 635, is a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle.

Vehicle as defined in the California Vehicle Code 670, is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. No. 2023-1080, § 1, 12-11-2023)

Mobile food vendors shall obtain a mobile food vendor permit issued under the provisions of this chapter and any necessary business license as required by the Ceres Municipal Code in order to operate within the City.

(Ord. No. 2023-1080, § 1, 12-11-2023)

Unless otherwise exempt, the following general and operational standards shall apply to all mobile food vendors:

A. All mobile food vendors shall obtain any required permits from the City, County, and the State, if applicable.

B. All mobile food vendors shall comply with the California Vehicle Code and Health and Safety Code and shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, water quality, and environmental regulations and laws.

C. No more than 20 administrative use permits, as established pursuant to section 5.10.050, may be issued within the City at one time.

D. Mobile food vendors shall not impede on- or off-site vehicle circulation at the site in which the mobile food vendor operates.

E. Mobile food vendors must provide written authorization of the property owner at which the mobile food vendor operates. At any time, the property owner may revoke their authorization and in such case the City shall revoke the mobile food vendor permit at that property.

F. Mobile food vendors shall not use parking spaces on the site (e.g., for customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site as determined by the City Manager or designee.

G. Mobile food vendors shall provide adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.

H. Mobile food vendors shall not stop, stand, or park their vehicle or trailer in any clear vision triangle or no parking zone.

I. Mobile food vendors shall maintain a clear path of travel on the sidewalk pursuant to the Americans with Disabilities Act free of customer queuing, signage, and all portions of the vehicle for the clear movement of pedestrians.

J. The mobile food vendor's permit shall be attached to and prominently displayed on the mobile food vendor's vehicle or trailer.

K. Mobile food vendors shall only operate within the days and hours of operation established in the permit.

L. Mobile food vendors must have a written agreement with an existing non-residential business establishment within 200 feet of the mobile food vendor location for use of lavatory facilities by the mobile food vendor operator during operating hours.

M. No mobile food vendor operation may occur within 20 feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway. A greater distance or separation from similar uses may be required to preserve line-of-sight, or for other safety reasons. The operation shall not damage landscaped areas.

N. Mobile food vendors shall have a trash receptacle at the operation for use by customers for disposal of refuse generated from this activity and shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust-controlled condition. The trash receptacles shall comply with all applicable requirements of the Ceres Municipal Code and any regional, state, and federal regulations. Mobile food vendors must have authorization from the property owner to allow the disposal of waste in appropriate waste receptacles on site.

O. No signs, balloons, or flags may be displayed on or off the site to promote the mobile food vendor except those permanently affixed to the mobile food vendor vehicle or trailer. CUP mobile food vendors shall adhere to sign regulations as described in Ceres Municipal Code title 18, chapter 26.

(Ord. No. 2023-1080, § 1, 12-11-2023)

A. An administrative use permit (AUP) is required for individual mobile food vendors operating within the City. An AUP may be issued by the Approving Authority and shall be subject to the following additional requirements:

1. A distance buffer of at least 1,000 feet is required between AUP mobile food vendors.

2. A distance buffer of at least 350 feet is required between AUP mobile food vendors and any school or park.

3. A distance buffer of at least 350 feet is required between AUP mobile food vendors and any building-enclosed restaurant unless written permission is provided by the restaurant operator.

4. Amplified music or sound is prohibited.

5. Tables, chairs, canopies, and tents are prohibited.

6. AUP mobile food vendors shall not operate in Downtown Ceres, as defined by the Ceres Downtown Specific Plan, during the annual Ceres Street Faire unless the mobile food vendor is an authorized participant.

7. AUP mobile food vendors shall only be allowed to operate in the IP, M-1, M-2, A-P, C-1, C-2, C-3, H-1, CC, HC, RC, MX-1, MX-2, C-F and PC zones. AUP mobile food vendors shall only be allowed to operate in PC zones that have a general plan land use designation of industrial, commercial, or mixed-use.

8. AUP mobile food vendors shall only operate on private property as authorized by the property owner.

9. AUP mobile food vendors shall not operate in any public right-of-way.

10. AUP mobile food vendor vehicles and trailers shall not be parked at their approved site during non-operating hours.

11. AUP mobile food vendor permits expire two years following approval.

B. A temporary use permit (TUP) is required for mobile food vendors operating during a special event pursuant to a special use event permit as set forth in Ceres Municipal Code chapter 5.09. A TUP may be issued by the Approving Authority.

C. A conditional use permit (CUP) is required for properties where either (1) a mobile food vendor applicant seeks an exception to the requirements that apply to AUP mobile food vendors; or (2) multiple mobile food vendors seek to operate on a single property. A CUP shall be processed in accordance with the provisions set forth in chapter 30 of title 18 of the Ceres Municipal Code. Mobile food vendors operating with a CUP shall be subject to the following additional requirements:

1. A legally permitted and permanent public restroom facility is required.

2. Lighting, landscaping, parking, signage, and other development standards must adhere to title 18, Zoning, of the Ceres Municipal Code.

3. The planning commission may establish certain conditions deemed necessary to protect the public health, safety, welfare, and aesthetics of the community.

4. The permit length and expiration date, if applicable, shall be determined by the planning commission.

D. An eatery food truck permit is required for mobile food vendors that operate at breweries, pubs, and bars. An eatery food truck permit may be issued by the Approving Authority and shall be subject to the following additional requirements:

1. Amplified music or sound is prohibited.

2. Operation of an eatery food truck shall only be allowed on private property containing a brewery, pub, or bar.

3. Operation of an eatery food truck shall only be within the operating hours of the brewery, pub or bar that is on the same property as the eatery food truck.

4. Eatery food truck permits expire two years following approval.

(Ord. No. 2023-1080, § 1, 12-11-2023)

Standards for ice cream trucks shall be governed under Vehicle Code section 22456. Operation of an ice cream truck business requires a business license from the City of Ceres.

(Ord. No. 2023-1080, § 1, 12-11-2023)

An applicant for a mobile food vendor permit shall submit an application to the City Manager or designee. The application shall include the following:

A. The legal name of any person operating or managing the mobile food vendor operation.

B. The email address, phone number and mailing address of the applicant.

C. Proof of valid health permit(s) from the Stanislaus County Department of Environmental Resources, as required by applicable law or regulation.

D. A site plan showing the location at which the applicant proposes to conduct the business.

E. The proposed days and hours of operation, and a description and pictures of the front, side, and rear of the mobile food vendor trailer or vehicle which is to be operated at the location.

F. A letter from the property owner or designee authorizing the mobile food vendor operation at the proposed location, if on private property.

G. A letter from the property owner or designee of the lavatory facility within 200 feet of the mobile food vendor operation, authorizing use of the lavatory by the mobile food vendor during hours of operation.

H. A letter authorizing the mobile food vendor operation, for any AUP mobile food vendor, from any building-enclosed restaurant owner(s) or designee(s) within 350 feet of the mobile food vendor operation.

I. A nonrefundable application fee pursuant to section 5.01.140.

(Ord. No. 2023-1080, § 1, 12-11-2023)

Permits may not be sold, leased, assigned, hypothecated or transferred in any manner to another person, firm, partnership, or corporation, including new owners in a corporation or partnership, except that a mobile food vendor holding a valid permit may transfer said permit to another location where the mobile food vendor wishes to operate with the consent of the Approving Authority.

(Ord. No. 2023-1080, § 1, 12-11-2023)

A. The Approving Authority may suspend or revoke the mobile food vendor permit where any provision of this chapter, state law, or a condition of a mobile food vendor permit is violated.

B. Notification of the suspension or revocation of the mobile food vendor permit must be made in writing, must state the reason(s) for the action, and must notify the mobile food vendor of the appeal process as set forth in this section. The revocation or suspension shall become effective at the end of the appeal period and, if an appeal is requested, the action shall be stayed pending the appeal decision.

C. In the case of a conditional use permit, the Planning Commission shall hold a public hearing pursuant to the requirements set forth in chapter 30 of title 19 of the Ceres Municipal Code.

D. Any person who has been denied a mobile food vendor permit or any person whose mobile food vendor permit has been suspended or revoked may appeal the decision and request an appeal hearing pursuant to the administrative hearing procedure set forth in chapter 11 of title 19 of the Ceres Municipal Code.

(Ord. No. 2023-1080, § 1, 12-11-2023)

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor. In addition, the code enforcement officer(s) or any duly authorized representative of the City may elect to seek punishment as an infraction or issue an administrative citation as authorized by title 19 of the Ceres Municipal Code.

(Ord. No. 2023-1080, § 1, 12-11-2023)