Chapter 5.18 — MOBILE FOOD VENDING

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(1)

"Food" means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption and chewing gum pursuant to Health and Safety Code 113781.

(2)

"Food truck" means a motorized vehicle specifically equipped for the sale of food or beverages used for vending purposes as defined in Section 5.16.010.

(3)

"Food truck vendor" means a person who vends food or beverages using a food truck as defined in Section 5.16.010.

(4)

"Goods" means, items, personal property, merchandise, or any other similar items that are generally sold, including food and beverages as defined in Section 5.16.010.

(5)

"High-traffic intersections" means Washington Boulevard and Atlantic Boulevard, Washington Boulevard and Eastern Avenue, Telegraph Road and Eastern/ Washington Boulevard, Garfield Avenue and Washington Boulevard, Telegraph and Garfield, Slauson Avenue and Eastern Avenue, Slauson Avenue and Garfield Avenue, and Triggs Street and Atlantic Boulevard as defined in Section 5.16.010.

(6)

"Local authorities" means any authorized city personnel, employee, and department as well as third-party agencies which includes the Los Angeles Sheriff's Department and Los Angeles Fire Department.

(7)

"Mobile food vendor permit" shall mean the permit issued by the director to any person operating as a mobile food vendor for the purpose of vending food from a motorized conveyance. Such permit shall also include the inspection of the motorized conveyance. Such permit shall be issued in accordance with this chapter.

(8)

"Motorized conveyance" shall mean a pushcart, stand, display, pedal driven cart, wagon, showcase, rack, or other conveyance with any form of non-human assisted propulsion as defined in Section 5.16.010.

(9)

"Parkway" means that portion of a street or highway, other than the roadway or the sidewalk, and is generally identified as the space between the street and the sidewalk, or street medians as defined in Section 5.16.010.

(10)

"Pathway" means a paved path or walkway owned by the city or other public entity that is specifically designed for pedestrian travel, other than a sidewalk as defined in Section 5.16.010.

(11)

"Pedestrian path" means a pathway or walkway, other than a sidewalk, that is owned by the city and is specifically designed for pedestrian travel. Pedestrian path shall not include any private property or areas not traditionally used or designated for pedestrian travel, such as the street, driveways, and commercial parking lots as defined in Section 5.16.010.

(12)

"Public property" means all property owned or controlled by the city, including, but not limited to, buildings, parks, pathways, parkways, sidewalks, roadways, streets, and parking lot as defined in Section 5.16.010.

(13)

"Public right-of-way" means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, public alleys, parkways, public transportation paths, roadways, sidewalk, and streets that is owned, granted by easement, operated, or controlled by the city as defined in Section 5.16.010.

(14)

"Public park" means any property designated, dedicate, or developed by or on behalf of the city for park or open space use, including sidewalks and paths within the park or immediately adjacent to the park perimeter as defined in Section 5.16.010.

(15)

"Residential" means any area zoned exclusively as residential in Chapter 19.07 of this code or is designated exclusive for residential use as part of a conditional use permit, planned development permit, specific plan, residential overlay district, or equivalent as defined in Section 5.16.010.

(16)

"Roadway" means that portion of the street which is improved, designed, or ordinarily used for vehicular travel as defined in Section 5.16.010.

(17)

"School" means any elementary school, middle school, junior high school, four-year high school, continuation high school, or any branch related thereof.

(18)

"Sidewalk" means a public paved or hardscape path or walkway that is specifically designed for pedestrian travel. It excludes any area primarily designed for use by vehicles or the conveyance of storm water, any area planted with landscaping, or any area primarily consisting of dirt or sand as defined in Section 5.16.010.

(19)

"Street" means a way or place of whatever nature, publicly maintained, within city public right-of-way, and open to the use of the public for purposes of vehicular travel as defined in Section 5.16.010.

(20)

"Vehicle vendor" means a person who vends from a motorized vehicle or unhitched trailer upon a public street, roadway, or highway also known as "mobile food vendor".

(21)

"Vend" or "vending" means offering food, beverage, or product of any kind for sale from one's person or motorized conveyance, whether moving or parking.

(Ord. No. 812, § 2, 12-12-2023)

This chapter is adopted pursuant to the authority granted to the City of Commerce by Section 22455 of the California Vehicle Code, which permits local authorities to regulate the type of vending and the time, place, and manner of vending from vehicles upon the street in order to promote public safety. The driver of any commercial vehicle engaged in vending upon a street may vend products on a street in a residence district only after bringing the vehicle to a complete stop and lawfully parking adjacent to the curb, consistent with the requirements of Chapter 9 (commencing with Section 22500 of the Vehicle Code) pursuant to this chapter.

(Ord. No. 812, § 3, 12-12-2023)

Unless otherwise provided in this chapter, it is unlawful to engage in vending on any public street, highway, road, alley, sidewalk, parkway, or private property without permission of the property owner within the city. Such prohibition applies to vending engaged from a motorized vehicle subject to obtaining permits and licensing from the city.

(Ord. No. 812, § 4, 12-12-2023)

(a)

Notwithstanding Section 5.18.020, mobile food vending in motorized vehicles is permitted throughout the city, subject to the following restrictions and prohibitions:

(1)

Vending is prohibited between the hours of ten p.m. until eight a.m.

(2)

Vehicles engaged in vending may stand or park only at the request of a bona fide purchaser for a period of time subject to the parking signage restrictions posted and affixed to the sidewalk and must stand or park at a curb in a legal manner.

(3)

Vending shall be engaged in, in such a manner so as to prevent any obstruction or traffic.

(4)

Mobile food vendors are prohibited from parking in residential areas to engage in vending.

(5)

Obtain all required permits and licenses required by the city.

(b)

The following additional restrictions and prohibitions shall apply to vendors which use motorized vehicles equipped with any sound amplifying equipment as defined in Section 5.24.010 of this code:

(1)

Sound amplifying equipment shall be submitted to an annual inspection, pursuant to Section 5.20.010, to ensure that such sounds or noises emitted or created will not disturb the peace.

(2)

Sound amplifying equipment shall not emit any sound or noise louder than eighty-five decibels at any time.

(3)

All sound amplifying equipment shall be turned off while the vehicle is standing or parked at the curbside and shall remain turned off until the vehicle begins movement to another location.

(c)

The following additional requirements shall apply to vendors of ice cream, candy, and food (i.e., ice cream trucks):

(1)

Ice cream, candy, and food vending vehicles (i.e., ice cream trucks) shall have a yellow caution light installed at the rear of the vehicle to warn oncoming vehicles of the presence of pedestrians. Such yellow caution light shall be activated anytime the vehicle is parked or standing at a curbside for the purpose of selling any item.

(2)

Vendors of ice cream, candy and food shall not stand or park any motorized vehicle from which ice cream, candy, or food is sold, displayed, solicited, offered for sale, bartered, or exchanged within three-hundred feet of any schools between the hours of seven to eight a.m. and one to three p.m. to alleviate traffic and safety concerns during school drop off and pick up hours.

(d)

The provisions of this section shall not apply to persons delivering goods, wares, merchandise, or food items upon order of, or agreement with, a customer from a store or other fixed place of business or distribution or to licensed catering vehicles using public street to travel to and from properties to provide proper catering services.

(e)

Nothing in this chapter shall relieve any person engaged in vending from having to comply with any other requirements (which includes but is not limited to, permitting licensing, etc.) imposed by the municipal code or any other local, state, or federal rule, regulation, or law.

(Ord. No. 812, § 5, 12-12-2023)

No person shall engage in vending on private property in such a manner as to cause onlookers, customers, or others to obstruct the free flow, access, of vehicular traffic. Unless permission has been obtained by the property owner of the private property, no vending shall be permitted on private property.

(Ord. No. 812, § 6, 12-12-2023)

A person, firm, or corporation shall not employ any person or permit any person to work in violation of any provision of this chapter without obtaining property vending license and approved by the city after issuance of such licensing.

(Ord. No. 812, § 7, 12-12-2023)

(a)

The mobile food vendor shall comply with all applicable state and local laws. This chapter is not intended to be enforced against non-motorized pedestrian stationary or roaming food and merchandise vendors as defined in Chapter 5.16, or against mobile food vendors who operate human powered push carts and other nonmotorized conveyances.

(b)

Mobile food merchants operating a vending vehicle must provide or have garbage receptacles readily available for immediate use by customers of the vending vehicle.

(c)

Mobile food vendors operating a vending vehicle must pick up, remove, and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials at one time dispensed from the vending vehicle, and any residue deposited on the street from the operation thereof, and shall otherwise maintain in a clean and debris-free condition the entire area within a twenty-five-foot radius of the location where mobile food vending is occurring.

(d)

No mobile food merchant shall sell, display, solicit, barter, gift, and/or exchange or otherwise, any food as provided in this code from a vending vehicle within three hundred feet of the entrance to a business establishment which is open for business and is offering for sale any food; or within three-hundred feet of any restaurant, café, or eating establishment which is open for business.

(e)

Any mobile food vendor identified in an application for a special event, or any other city sponsored or approved event shall be exempt from the requirements of this chapter pertaining to mobile food vending, provided that the vending vehicle is parked for the duration of the special event to conduct its business.

(f)

The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity, including, but not limited to, Chapter 1.13 of this code.

(Ord. No. 812, § 8, 12-12-2023)