Colton Municipal Code Ch. 5.14 Mobile Food Vehicles

The City expressly finds that mobile food vehicles have the potential to pose traffic hazards and special dangers to the public health, safety and welfare. It is the purpose and intent of the City, in enacting this section, to provide responsible companies and persons, which engage in the operation of a mobile food vehicle on public property, with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.

(Ord. No. O-03-16, § 1, 2-2-2016)

It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing sale of, or offering for sale, any hot and/or cold foods and related goods or merchandise, from any mobile food vehicle parked, stopped or standing upon any public street, alley, parkway, sidewalk or public property in the City, except in accordance with all applicable provisions of this section. Mobile food vehicles on private property associated with temporary, private events shall be permitted and licensed under Chapter 5.44 of this Title, "Special Events." All mobile food vehicles and their operators conducting business in the city shall comply with the following:

A. Shall obtain a business license for each mobile food vehicle before vending in the City. In addition, the mobile food vehicle shall possess a valid Mobile Food Facility Health Permit issued by the County of San Bernardino, Division of Environmental Health Services ("county health department").

a. Upon applying for a business license, evidence shall be submitted to the Business License Officer demonstrating that the operator or vendor has obtained a sellers permit from the State Board of Equalization;

b. The business license shall not be transferrable to a different vehicle, person, company, operator or vendor. The City shall be notified in writing if there are changes in the contact information for the person(s) responsible or company.

B. Properly licensed mobile food vehicles shall:

a. Have a decal and letter grade posted on the vehicle issued by the county health department;

b. Possess current San Bernardino County food handlers card for all employees handling food, and at least one original Managers Certificate.

c. Obtain property owner authorization in writing when temporarily or permanently vending on private property;

d. Carry evidence of property owner authorization at all times;

e. Not be stationed within a street or public way or within the clear sight triangle;

f. Not be stationed within three hundred feet from any operating commercial restaurant building in the City of Colton, unless the mobile food vehicle is operated by said vehicle or is authorized by a Special Event Permit;

g. Not be stationed in any location that blocks or otherwise interferes with the free movement of vehicles, pedestrians, or accessible (handicap) parking or path of travel.

h. Not be stationary on any site for a period exceeding sixty minutes unless a readily available toilet and handwashing facility are provided within two hundred feet of the vehicle. After the allotted time, vehicles shall not vend on the same property, or within five hundred feet of that property, for a period of two hours;

i. Not back up in a street or public way to make or attempt to make a sale;

j. Not operate between the hours of nine p.m. and eight a.m. within any residentially designated area and shall not operate within one hundred fifty from any residential designated and built property.

k. Shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such vehicle, and the operator of the food vehicle shall pick up all refuse generated by such operation within a fifty-foot radius of the vehicle before such vehicle is moved;

l. A commercial property or shopping center, which has three or more mobile food vehicles at the same time, shall be required to obtain a Special Event Permit pursuant to the provisions of Chapter 5.44.

m. Prominently display the company's name, address and phone number with two-inch minimum letters and numbers on both sides of the vehicle.

n. One portable sign, not to exceed twenty square feet and a height of four feet, may be displayed outside of a mobile food vehicle when displayed in conjunction with an operating mobile food vehicle. The sign shall be considered part of the mobile food vehicle and cannot be placed where the vehicle would otherwise be prohibited. The sign shall be removed upon the mobile food vehicle leaving the property.

o. Shall be subject to other regulations in the Colton Municipal Code, including but not limited to noise and light/glare regulations;

p. Other non-motorized mobile food vending apparatuses (e.g., push carts, bicycle carts), not classified as mobile food vehicles, shall be regulated by Chapter 5.16, Peddlers, Solicitors, Canvassers.

(Ord. No. O-03-16, § 1, 2-2-2016)

Fees for a business license to operate a mobile food vehicle shall be as prescribed in Chapter 5.02, Section 5.02.390 (Classification A) of this Title.

(Ord. No. O-03-16, § 1, 2-2-2016)

No person shall drive or operate or cause or permit to be driven any mobile food vehicle in the City unless the operator or vendor thereof shall have obtained a liability insurance policy from a responsible and solvent corporation, authorized to issue such policies under the laws of the state, insuring such operator or vendor and covering the mobile food vehicle. The City of Colton shall be named as an additional insured under the policy. The Development Services Director may waive the insurance requirement for special events with a valid Special Event Permit.

(Ord. No. O-03-16, § 1, 2-2-2016)

The Development Services Director or his/her designee may deny an application for a mobile food services business license if there is evidence on the record that the mobile food service vehicle has operated at an event, within the City, in violation of the law, and/or poses a threat to the public's health, safety and welfare.

A. License Denial—Notice. Notice of the denial of a license shall be given in writing, setting forth specifically the grounds for denial and the opportunity to appeal the denial. Such notice shall be mailed, postage prepaid, to the licensee at his last known address within five days following denial of the license application.

B. Appeals. Denial of a business license for a mobile food service vehicle may be appealed by applicant to the Code Compliance and Housing Appeals Board (CCHAB). Such appeal shall be taken by filing with the City Clerk, within fourteen days after notice of the action has been mailed to appellant's last known address, a written statement setting forth fully the grounds for the appeal. The CCHAB shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the manner as provided in Chapter 8.04, Section 8.04.090. The decision and order of the CCHAB on such appeal shall be final and conclusive.

C. Revocation of license. Licenses issued under the provisions of this chapter may be revoked by the after notice and hearing by CCHAB, for any of the following causes:

a. Fraud, misrepresentation, or false statement contained in the Application for license; and

b. Any violation of this chapter.

The decision and order of the CCHAB on such appeal shall be final and conclusive.

(Ord. No. O-03-16, § 1, 2-2-2016)