Contra Costa County Municipal Code Art. 413-3.16 Mobile Vendor Regulation

This article supplements and is in addition to the requirements otherwise provided in this chapter for retail food vehicles. All applicable provisions of this division shall apply to retail food vehicles and, in addition, to mobile, motorized mobile and nonmotorized mobile units as defined in this article. This article and this division otherwise do not authorize the operation or conducting of vending from a retail food vehicle or mobile unit where such use is not otherwise allowed or permitted by applicable zoning district or other regulations of this code or state law.

(Ord. 95-36 § 2).

It is hereby found and declared that:

(1) To protect the public health and safety, promote fair economic competition and ensure safe pedestrian and motorist traffic, the unincorporated area of the county needs more equitable, uniform retail food vehicle and mobile vending regulations.

(2) A lack of sufficient regulation of retail food vehicle and mobile vending from pushcarts, motor vehicles, stands or by persons can cause safety and sanitary hazards on public streets and property and on private property by contributing to traffic and pedestrian congestion, contributing to litter accumulation and causing planning and design problems, especially those retail food vehicle and mobile vendors that become a continual, stationary enterprise.

(Ord. 95-36 § 2).

As provided in this division, no person shall conduct, operate or engage in any retail food vehicle and mobile unit business, vending, sale or distribution without having a valid, unrevoked, unsuspended environmental health permit therefor fully complying with the provision of this division and this article. In addition, no person shall conduct, operate or engage in any business, vending or other activity pursuant to a valid environmental health permit that violates any provision or standard of this code including this division and this article.

(Ord. 95-36 § 2).

One environmental health permit may be obtained for multiple units if the health officer is satisfied that all applicable requirements will be met. For a retail food vehicle and/or mobile unit, an environmental health permit to the extent otherwise allowed by law may be issued for vending upon private property, for vending upon county streets where parking is permitted and for vending upon county sidewalks, subject to the permittee's compliance with the regulations herein and otherwise applicable. An environmental health permit shall not be issued for vending on other public property without prior approval of the board of supervisors or other public body having jurisdiction.

(Ord. 95-36 § 2).

For purposes of this division and this article:

"Certified farmers' market" has the same meaning as in Section 113742 of the Health and Safety Code.

"Community event" has the same meaning as in Section 113755 of the Health and Safety Code.

"Mobile unit" means any apparatus (e.g., truck, trailer, cart, wagon) or structure that is not permanently fixed to a permanent foundation and may be moved under its own power, pushed or pulled by hand, towed by a motor vehicle, or carried upon or in a motor vehicle or trailer. A mobile unit does not include news racks or vending machines but includes mobile food preparation units and vehicles as defined in the Health and Safety Code.

"Motorized mobile units" means a mobile unit which may be moved under its own power.

"Nonmotorized mobile units" means a mobile unit which may not be moved under its own power. An example would be push carts and stands.

"Right-of-way" means all land or interest in land that by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for road or highway purposes.

"Site" means the footprint occupied by a mobile unit and the area within one hundred feet of the occupied footprint.

"Swap meet" has the same meaning as in Section 113917 of the Health and Safety Code.

(Ord. No. 2025-03, § II, 2-4-25; Ord. 95-36 § 2).

Except as otherwise permitted by a community event permit issued by the health officer, all mobile unit vending operations shall comply with the following requirements:

(1) Vending shall not be conducted between the hours of 10:00 p.m. and 6:30 a.m. the following day.

(2) A mobile unit may vend for a maximum of three hours per day, per site. This regulation does not preclude mobile units from vending at multiple sites per day.

(3) Mobile unit vendors shall at all times be in compliance with all regulations of the California Retail Food Code, all applicable regulations of the Contra Costa County health department, and all other applicable requirements of this code and law.

(4) Vending of any alcoholic beverages or controlled substances is prohibited.

(5) Each mobile unit shall possess and at all times display in conspicuous view certified copies of its current county environmental health permit as well as any county food handling permit, as applicable.

(6) To the extent allowed by law, mobile units shall be subject to reasonable inspections by county personnel for the purpose of ensuring compliance with applicable requirements.

(7) Motorized mobile units lawfully permitted to vend within a right-of-way shall comply with all state and local parking and traffic regulations.

(8) Motorized mobile units lawfully permitted to vend within a right-of-way shall not vend to, attempt to vend to, or otherwise solicit pedestrians or vehicles in the path of street vehicular travel or in any manner that could block vehicular travel.

(9) A mobile unit may not vend within one hundred feet of a community event, certified farmers' market, or swap meet during the operating hours of that community event, certified farmers' market, or swap meet.

(10) Environmental health permits are not transferable.

(Ord. No. 2025-03, § III, 2-4-25; Ord. 95-36 § 2).

The health officer is charged with the administration of the provisions of this article. Fees for permits and the administration of this article shall be as established by the board of supervisors and required by this code.

(Ord. 95-36 § 2).

In the case or situation of any conflict between the provisions of this article and any other provision of this chapter, the stricter requirement shall prevail and be complied with.

(Ord. 95-36 § 2).