Compton Municipal Code § 9-25 Vending from Commercial Vehicles

[Ord. #2243, § 6]

The City Council finds that vending from vehicles and other street mechanisms pose inherent safety concerns to the general public when vendors operate in violation of state, federal, or local laws. In order to protect the public and promote public safety, the declared purpose of this section is to adopt additional requirements, consistent with existing state law, for persons who vend food and non-food products from vending vehicles on public streets and to regulate vending from other devices which pose additional safety hazards on City streets and sidewalks.

[Ord. #2243, § 6]

For purposes of this section, the following terms have the following meanings:

ICE CREAM TRUCK

Shall mean any vehicle, as that term is defined in the California Vehicle Code, which is engaged in the curbside vending or sale or offering to sell frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under 12 years of age. The inventory of these vehicles is not necessarily limited to ice cream, confections or frozen dessert product.

MOTOR VEHICLE

Shall mean a vehicle that is self-propelled as defined in California Vehicle Code § 415.

OPERATE A FOOD VENDING VEHICLE

Shall mean to drive, occupy or otherwise use a vehicle to sell, offer to sell, or display for sale any type of food, beverage or non-food product.

PERSON

Shall mean any natural person, business, firm, partnership, association, corporation, stockholder, nonprofit entity, personal representative, receiver, trustee, assignee, franchisee, or any other legal entity, including but not limited to owners, operators, drivers, lessors and lessees of food vending vehicles and ice cream trucks.

VEHICLE

As defined in 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.

VEND OR VENDING

Shall mean selling, or offering to sell, any food, beverage or non-food products of any kind from any vehicle, motor vehicle, transporting mechanism (motorized or non-motorized), stationary mechanism (e.g., stand or booth), portable box, bag or similar container.

VENDING VEHICLE

Shall mean any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for the selling or offering to sell any type of food, beverage or non-food products directly to any consumer. Vending vehicle includes, but is not limited to, catering trucks, ice cream trucks, and mobile vendors of stationary dining establishments, but shall not include a vehicle that only delivers food, beverage or non-food products ordered by home delivery customers.

[Ord. #2243, § 6]

Notwithstanding the provisions provided for in Subsection 9-25.4, it shall be unlawful for any person to vend, assist, or engage in the act of vending food products of any kind from a vending vehicle without first obtaining a health certificate and/or other food handling permit as required by law, from the Los Angeles County Department of Health. Such health certificate shall be openly displayed at all times while conducting business and presented upon demand to any peace officer or City employee authorized to enforce this Code.

[Ord. #2243, § 6]

It shall be unlawful for any person to vend, assist, or engage in the act of vending from a vending vehicle without first obtaining a City business license from the City of Compton, in accordance with the provisions provided for in § 9-1 of the Compton Municipal Code. The business license must be carried at all times and shall be presented upon demand to any peace officer or City employee authorized to enforce this Code.

[Ord. #2243, § 6]

a. Vendor's Permit. No person shall own, control, manage, lease or contract with other persons for the operation of a food vending vehicle or ice cream truck in the City without a valid vendor's permit for each and every food vending vehicle, including ice cream trucks, issued pursuant to the provisions of this section, in addition to any other license or permit required under any other chapter of this Code.

b. Operator's Permit. No person shall drive, operate, vend and/or prepare food from or on any vehicle defined as a food vending vehicle or ice cream truck in the City without a valid operator's permit issued pursuant to the provisions of this section. Such operator's permit shall be presented upon demand to any peace officer or City employee authorized to enforce this Code.

[Ord. #2243, § 6]

a. Any person desiring to obtain a vendor's and/or an operator's permit shall submit an application to the City's Business License Division. Applications for either a vendor's or an operator's permit shall be submitted in the form prescribed by the Business License Division. Prior to submitting such application, a nonrefundable fee, as established by resolution or ordinance of the City Council, shall be paid to the Business License Division to defray, in part, the cost of the investigation and report required by this section. The Business License Division shall issue a receipt showing that such application fee has been paid. Permit issuance fees required under this section shall be in addition to any license, permit or fee required under any other chapter of this Code. No permit application shall be processed unless and until the applicant has provided all the information requested on the application and has submitted the appropriate fee(s). If an applicant for a vendor's permit also requires an operator's permit then it is not necessary for said applicant to pay a separate fee for the operator's permit application.

b. Neither the filing of any application for a permit, nor the payment of an application fee, shall authorize the vending from or the operation or management of a food vending vehicle until such permit has been granted or renewed.

c. Each applicant for a permit to conduct business within the City of Compton as a mobile food vendor or an ice cream vendor shall furnish the following information:

1. The present or proposed address from which the business is to be conducted;

2. The full true name under which the business will be conducted;

3. The full true name and any other names used by the applicant;

4. The present residence and business addresses and telephone numbers of the applicant;

5. A description of the merchandise or product which the vending vehicle or ice cream trucks will vend;

6. The number of vehicles to be operated within the City of Compton that are owned, operated or controlled by the applicant and the make, model, year, serial and engine number, state license plate number, vehicle identification number for each vehicle, as well as the name and address of the registered and/or legal owner(s) of each vehicle;

7. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of applicant's vehicles;

8. A policy of insurance in the manner and form required by this section from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the State of California;

9. The full true names and residence addresses of all persons employed or intended to be employed or with whom the applicant has contracted or intends to contract as drivers, operators or attendants operating within the City;

10. Certification, from the Business License Division, evidencing that the vending vehicle or ice cream truck to be owned, operated or controlled by the applicant within the City has been physically inspected to ensure compliance with this section and the Vehicle Code equipment requirements;

11. The applicant, if an individual, shall also furnish the following information:

(i) California driver's license or identification number of the above-described natural persons;

(ii) Date of birth of the above-described natural persons;

(iii) The permit history of the above-described natural persons for the three-year period immediately preceding the date of the filing of the application, including whether such person, in previously operating in this City or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation; and

(iv) All criminal convictions suffered by the above-described natural persons, including ordinance violations, but excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature and sentence of each such conviction.

12. The applicant, if other than an individual (i.e., corporation, firm, partnership, etc.), shall also furnish the following information:

(i) Each business address of the applicant for the three-year period immediately preceding the date of the application and the inclusive dates of each such business;

(ii) The nature of the business or firm for the three-year period immediately preceding the date of the application; and

(iii) The permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this City or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation.

13. Such other identification and/or information that the Business License Division may need to determine the truth of the matters required in the application.

d. The applicant, if a natural person, or if the applicant is a partnership or corporation, the designated responsible managing officer, shall personally appear at the office of the City's Business License Division and produce proof that the required application fee has been paid and shall present the application containing the information and supporting documentation required by Paragraph c of this subsection.

e. When any change occurs regarding the written information required by Paragraph c of this section prior to or after issuance of a permit, the applicant shall give written notification of such change to the Business License Division within two weeks after such change first occurred.

[Ord. #2243, § 6]

The Business License Division shall have a reasonable period of time in which to investigate the application and background of the applicant for a vendor's permit and/or an operator's permit.

[Ord. #2243, § 6]

The Business License Division, within 10 days after concluding its investigation of the application and background of the applicant for a vendor's permit or an operator's permit, shall issue the vendor's permit and/or operator's permit only if it finds that all of the following requirements have been met:

a. The required fees have been paid;

b. The application conforms in all respect to the provisions of this Chapter;

c. The applicant has not knowingly made a material misrepresentation of fact in this application;

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

e. The applicant, if an individual, or any of the directors, officers or stockholders holding more than 5% of the stock of the corporation, or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from a vending vehicle, or a natural person employed or contracted with to be a driver, has not been convicted or pleaded nolo contendere or guilty within five years prior to his application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including but not limited to:

(i) The sale of a controlled substance specified in Sections 11054 through 11058 of the California Health Safety Code;

(ii) The sale, distribution or display of harmful or obscene matter;

(iii) Indecent exposure;

(iv) Selling or disposing of lottery tickets;

(v) Permitting gambling, pool selling or bookmaking; or

(vi) In the case of applications for an operator's permit, alcohol or drug-related traffic offenses.

[Ord. #2243, § 6]

The term of vendor and operator permits, unless sooner suspended or revoked, shall be for a period of one year. Upon the expiration of such term, the permittee may renew the permit for additional one-year terms by submitting new applications in conformance with Subsection 9-25.6 herein together with such permit renewal fees as may be established by resolution or ordinance of the City Council.

[Ord. #2243, § 6]

If the Business License Division finds that all of the requirements set forth in Subsection 9-25.6 have not been met and a permit cannot be issued pursuant to Subsection 9-25.8, the City shall deny the application for a vendor's and/or operator's permit. In the event the application for either permit is denied by the Business License Division, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for either permit.

[Ord. #2243, § 6]

a. Any vendor's and/or operator's permit may be suspended or revoked by the Business License Division or the City Manager or his or her designated representative 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 Business License Division within two weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based;

3. Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the standards set forth in subsections 9-25.12 through 9-25.19 inclusive; 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 a food vending vehicle or ice cream truck pursuant to the permit.

b. No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation pursuant to the provisions of Chapter 9 of this Code. Notification to the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. If a timely appeal is filed the suspension or revocation shall be stayed and shall become effective only upon decision of the City Council. Otherwise the suspension or revocation shall become effective after the timely appeal period has expired.

c. No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.

[Ord. #2243, § 6]

a. Each vending vehicle shall have a current, valid City of Compton Business License Division inspection sticker affixed to the left side of the rear of the vending vehicle.

b. Each operator shall be issued an identification card which will also serve as the operator's permit. The operator shall wear or carry such card in a visible position upon his or her person at all times while engaged in the operation of and/or the actual vending from a vending vehicle, and shall produce the same for inspection upon request. Each operator permit holder shall immediately surrender to the Business License Division any operator's permit issued by the City upon the suspension, revocation or expiration of such permit or upon leaving employment as an operator.

c. In addition to the operator's permit required in Paragraph b above, each person who drives a vending vehicle shall have on his/her person a current, valid state driver's license, which he/she shall make available for inspection upon demand by any peace officer or City employee authorized to enforce this Code.

[Ord. #2243, § 6]

a. Each vending vehicle or ice cream truck for which a permit or renewal is sought shall be inspected by the Business License Division to insure compliance with this section and the Vehicle Code equipment requirements.

b. Unless otherwise waived by the City Manager and, in addition to other equipment required by law, each vending vehicle or ice cream truck shall be equipped with the following:

1. A convex mirror mounted so that the occupant of the driver's seat can see the area in front of the truck which is obscured by the vehicle's hood;

2. A back-up alarm audible for a distance of at least 100 feet;

3. Advertising decals and price lists shall be placed only on the vending side of the vending vehicle or ice cream truck; and

4. Safety signs or safety decals must be placed on both sides of the vending vehicle or ice cream truck.

c. The exterior of any vending vehicle or ice cream truck shall be clean, in good repair and not contain any excessive peeling, dents, rust, scratches or missing vehicular components which are discernible at a distance of 10 feet or more from the vehicle.

[Ord. #2243, § 6]

a. There shall be displayed in a conspicuous place on both the front and back of the ice cream truck, clearly legible from a distance of at least 100 feet under daylight conditions, appropriate warning signs or lettering incorporating the words "WARNING" and "CHILDREN CROSSING." Each sign shall be at least 12 inches high by 48 inches wide, with letters of a dark color and at least four inches in height, one-inch wide solid border, and sharply contrasting background.

b. There shall be displayed in a conspicuous place on both the right and left side of the ice cream truck lettering permanently affixed showing the name of the company or operator of the ice cream truck and the business address and telephone number of the owner or operator. The lettering shall not be less than four inches in height, and shall be in contrast to the color of the background upon which they are placed.

c. No other lettering, numbering, price lists, signs or insignia shall be displayed on the right and left side of the ice cream truck so as to interfere with the visibility of the lettering required in Paragraph b.

d. Vending from an ice cream truck, whether of a frozen dessert product or of any other good or product, shall only occur between 9:00 a.m. to sunset during the months of April, May, June, July, August, September and October and between 9:00 a.m. to 6:00 p.m. daily during the months of November, December, January, February and March.

e. A person may not vend from an ice cream truck that is stopped, parked or standing on any public street, alley or highway under any of the following conditions:

1. On a street, alley or highway with a posted speed limit greater than 25 miles per hour.

2. If the street, alley or highway is within 100 feet of an intersection with an opposing highway that has a posted speed limit greater than 25 miles per hour.

3. If the vendor does not have an unobstructed view for 200 feet in both directions along the highway and of any traffic on the highway.

4. At one location for longer than 15 minutes and must move a minimum of 500 feet before vending again.

[Ord. #2243, § 6]

a. No person shall vend from a vending vehicle while stopped, parked or standing on any public street, alley or highway:

1. Between the hours of 8:00 p.m. of one day and 5:00 a.m. of the following day during the months of April, May, June, July, August, September and October in residential areas;

2. Between the hours of 6:00 p.m. of one day and 5:00 a.m. of the following day during the months of November, December, January, February and March in residential areas;

3. 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 5:00 p.m. of any school day. This prohibition will not apply if the school principal gives the vending vehicle vendor written authorization to park on school property. The vendor shall provide a copy of the authorization upon demand by any peace officer or City employee authorized to enforce this Code;

4. Within 50 feet of any other vending vehicle which is engaged in the operation of vending;

5. Within 25 feet of an intersection controlled by a traffic light;

6. Within 50 feet of an intersection controlled by a stop sign or a marked cross-walk;

7. When the speed limit on a public street or highway, posted or otherwise, is greater than 40 miles per hour;

8. When the speed limit on an alley, posted or otherwise, is greater than 15 miles per hour;

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

10. When any part of the vending vehicle is open to prospective customers other than on the side of the vehicle next to the right side of the street, alley or highway;

11. When the vending vehicle is not stopped, parked or standing on the right side of the street, alley or highway;

12. When the prospective customer is standing or sitting in another vehicle; or

13. When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic.

b. No person shall back-up a vending vehicle to make or attempt to make a sale.

c. No vending vehicle shall be operated in any one location for longer than the parking time limit posted or indicated by the markings on the adjacent curb.

d. No minor under the age of 16 shall ride in or on a vending vehicle or ice cream truck while such vending vehicle or ice cream truck is engaged or about to be engaged in the operation of vending.

e. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a vending vehicle or ice cream truck.

f. No person may place any freestanding signs, tables, chairs, fences, shade structures, or other furniture on or near the site of the operation of the vending vehicle or ice cream truck.

g. No person shall engage in vending from a vending vehicle or ice cream truck unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the vending vehicle or ice cream truck, marked with a sign requesting use by patrons. Prior to leaving the location, the vendor shall pick up, remove and lawfully dispose of all trash generated by the vendor's operation located within a twenty-five-foot radius of the vendor's location.

[Ord. #2243, § 6]

a. Horns shall be permitted to be used only when reasonably necessary to insure the safe operation of the vending vehicle while being operated on any public or private street, alley or highway or on public property.

b. Music, noise or bells used in any vending vehicle or ice cream truck shall not exceed five decibels above the ambient noise level when measured from the property line of any property located on the street on which the vendor is located. All such music, noise or bells shall be turned off when the vehicle stops to sell merchandise or product or is passing in front of either a public or private school.

[Ord. #2243, § 6]

a. In General. All vending vehicles, including ice cream trucks, are prohibited from operating on private property under any of the following circumstances:

1. The property is a vacant lot, which for the purpose of § 9-25, means a piece of unimproved and/or unpaved real property; or

2. Where the primary use of the private property is being used for the operation of the vending vehicle or ice cream truck. The operation of a vending vehicle or ice cream truck must be incidental to the primary use that complies with the City's Zoning Code; or

3. When the vending vehicle or ice cream truck is stopped, standing or parked in a manner that interferes with access, driveways, aisles or movements of vehicles or pedestrians.

b. Owner's Consent. Notwithstanding Paragraph a above, all vending vehicles and ice cream trucks are prohibited from operating on private property without the express written consent of the property owner. No person may vend on private property unless the following requirements have been met:

1. The written consent of the property owner must be obtained and shall be provided to the Business License Division in a form prescribed by the Business License Division;

2. A copy of the written consent of the property owner shall be maintained with the vending vehicle or ice cream truck at all times during operation on private property; and

3. Upon demand of any peace officer or City employee authorized to enforce this section, a vendor or operator of a vending vehicle or ice cream truck shall present a copy of the written consent of the property owner.

All produce regulated by the California Department of Food and Agriculture shall be handled, transported, displayed or disposed of in accordance with all California Department of Food and Agriculture regulations as they now exist or as amended from time to time, including, but not limited to the following:

a. All produce or commodities under quarantine by the California Department of Food and Agriculture will be protected or safeguarded in an approved manner by being bagged, covered or screened to prevent infestation; any open display is prohibited.

b. All produce, commodities, or their husks, cores, rinds, or pits shall be sealed in plastic bags before disposing of same.

c. Every food vending vehicle or ice cream truck shall have a receipt, invoice, bill of laden or other acceptable proof of origin of all produce or commodities under quarantine.

d. All produce or commodities under quarantine that are sold, offered for sale, or transported within the quarantine area must be of commercial origin.

e. Any violation of this section may result in the seizure of the produce or commodities in violation; all seized items will be destroyed.

[Ord. #2243, § 6]

a. It shall be unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any vending vehicle or ice cream truck in the City for vending purposes unless such person has submitted with his application for permit, a motor vehicle liability insurance policy, covering each vending vehicle or ice cream truck, issued by a solvent corporation holding a certificate of authority to do insurance business in the state, which policy shall conform in all respects to the requirements of this Chapter.

b. The required motor vehicle liability policy shall insure the owner, driver, the City of Compton (as an additional insured) and any other person using or responsible for the use of any vending vehicle or ice cream truck with the consent, expressed or implied, of such owner, driver or person, against loss from the liability imposed upon such owner, driver or person by law for injury to, or death of, any person, or damage to property arising out of the maintenance, operation or ownership of any vending vehicle or ice cream truck, with the types and amounts of coverage as follows:

1. Bodily Injury and Property Damage Liability Insurance: $1,000,000 per occurrence;

2. Personal Injury Liability: $1,000,000 per occurrence; Workers' Compensation and Employer's Liability: $1,000,000 each accident.

c. Every insurance policy and every certificate of motor vehicle liability insurance filed within the City pursuant to the provisions of this section shall contain the following endorsements:

1. It is hereby understood and agreed that, notwithstanding expressions consistent with or contrary thereto in this policy contained, the policy is expressly issued to cover a motor vehicle regulated by the provisions of Chapter 9 of this Code. This policy shall insure to, and be for the benefit and protection of, anyone who shall sustain any damages or injury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or suffer death, by reason of the operation of the motor vehicle or from the defective condition thereof. Liability under this policy shall in no manner be abrogated or abated by the death or dissolution of the tortfeasor or the insured.

2. There is continuing liability up to the full amount of the policy, notwithstanding any action or recovery thereon.

3. No cancellation, termination or reduction in coverage of this policy for any reason whatsoever shall become effective until the expiration of 30 days after written notice of such cancellation or reduction in coverage shall have been given to the City of Compton. Said period of 30 days to commence running from the date said notice is actually received in the Risk Management Division of the City Attorney's Office.

[Ord. #2243, § 6]

The provisions of this section shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this section into law. All such persons and businesses shall have 30 days from said effective date to file a completed application for a vendor's and/or operator's permit with the City's Business License Division.

[1]

Editor's Note: Ordinance No. 2243, codified herein was adopted October 8, 2013.

[Ord. #2243, § 6]

Any vending vehicle or ice cream truck operated contrary to the provisions of this section shall be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided in this Code, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating a food vending vehicle or ice cream truck contrary to the provisions of this section.

[Ord. #2243, § 6]

The provisions of § 9-25 et seq. shall not apply to:

a. Any person delivering any goods or merchandise by motor vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location and which goods or merchandise are being delivered from such location to the customer.

b. Any person engaged in the vending of goods or merchandise on public property where such person has been authorized by the City to engage in such activity by permit, lease, license, agreement, or other entitlements issued by the City for such purpose.

[Ord. #2243, § 6]

a. Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment not to exceed six months, or both such fine and imprisonment. In addition, the City may also impose administrative penalties pursuant to § 1-7 of the Compton Municipal Code and seek injunctive relief and civil penalties in the Superior Court for violations of this Chapter. The remedies provided to the City in this Chapter shall be cumulative and not exclusive of any other remedies available under any other federal, state or local laws.

b. Any person or vendor who violates the provisions of this Chapter may have his or her goods or merchandise confiscated by the enforcement agency. Perishable items such as food and beverage items that are confiscated shall be disposed of immediately. Nonperishable items that are confiscated shall be inventoried and stored pending the outcome of any court proceedings.

c. Each day any violation of any said provision of this section shall continue shall constitute a separate offense.