Chapter 5.50 — MOBILE VENDING VEHICLES

Editor's note— Ord. No. 708, § 1, adopted March 26, 2024, repealed the former Chapter 5.50, §§ 5.50.010 —5.50.080, and enacted a new Chapter 5.50, §§ 5.50.010—5.50.120 as set out herein. The former Chapter 5.50 pertained to similar subject matter and derived from Ord. No. 699, § 1, adopted Sept. 13, 2022.

The purpose of this section is to ensure that stationary and mobile food trucks are compatible with surrounding and adjacent uses and do not create an adverse impact on adjacent properties by reason of noise, parking, litter, and the general health and safety of the community.

(Ord. No. 708, § 1, 3-26-2024)

"City" means City of Corning

"Mobile truck" means a licensed and operable vehicle or concession trailer which is enclosed and self- contained, independent with respect to water, sewer, and power utilities, that contains equipment for the preparation and sale or service of food or beverages with or without charge which are designed for immediate consumption.

"Mobile truck site" means the location of operation of the mobile truck, which must be a commercial zoned property.

"Vendor" means the operator of the mobile truck

(Ord. No. 708, § 1, 3-26-2024)

A semi-stationary or semi-permanent mobile truck shall comply with the following requirements:

A.

Mobile truck site must have class-II road base and appropriate lighting.

B.

Mobile truck must have access to a toilet and handwashing facility within two hundred-feet of the mobile truck site (California Retail Food Code) during the mobile trucks' business hours. Portable toilets are not allowed.

C.

Mobile truck shall not use or permit use of parking spaces on the mobile truck site if doing so will adversely affect the on-site parking available for primary use as determined by the city.

D.

Hours of operation at an approved mobile truck site shall be no earlier than 7:00 AM and no later than 10:00 PM and the vehicle shall be moved each night out of public view.

E.

There shall be no more than one motorized mobile food truck within three hundred-feet of each other.

F.

Mobile truck shall be entirely self-sufficient regarding gas, water, and telecommunications.

G.

The vendor shall not discharge or allow discharge of items from any mobile truck onto the sidewalk, gutter, storm inlets, or streets. The vendor shall not dispose or allow the disposal of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor.

H.

Proof of current vehicle registration and insurance must be maintained by the vendor of the mobile truck at all times.

I.

Site plan with dimensions, indicating the location of all existing buildings, structures, driveways, parking spaces, traffic controls, and improvements, the location where the proposed vending activity and improvements will be located upon the site.

J.

No permanent signs are permitted. Vendors may use a sandwich board or one flag sign to advertise if it does not impede the path of travel by foot, bicycle, vehicle and shall not be placed in the city right of way.

K.

Mobile trucks shall only operate at the location approved by the city.

L.

Mobile vendors shall ensure that all customer queuing, waiting areas or lines do not block, hinder, interfere with pedestrian thoroughfare of a minimum of forty-eight inches of accessible path or travel on the sidewalk or vehicular traffic along, over, or across public or private property.

M.

Mobile vendors shall not use any portable cooking equipment, gas fueled appliance, wood burning ovens, or any open flame unless approved and permitted by the fire chief at the Corning volunteer fire department and the county environmental health department.

N.

During an urgent or emergency public safety event or incident, including but not limited to, a traffic accident, crime scene, medical emergency, gas leak, natural disaster, fire, on-site construction, road work or related work on a capital improvement project, the city may temporarily require the mobile truck to relocate to another location to protect the public's safety, health, or welfare.

O.

Vendors shall not sell or vend any of the following pursuant to this chapter:

Live animals.

Adult oriented material depicting, describing, or relating to anatomical areas or specified sexual activities.

Alcohol, cannabis, marijuana, or tobacco products that contain nicotine or any product used to smoke (or vape) nicotine, cannabis, or marijuana.

Weapons, including knives, guns, or explosive devices; airsoft guns, paintball guns, BB devices or imitation firearms.

Pharmaceuticals, illegal or counterfeit merchandise, or any other food or merchandise or products prohibited by local, state, and federal laws.

Mobile vendors are not allowed to use or operate or permit to be played, used, or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing of sound including horns, bells, whistles, or any other noise making device.

P.

Mobile truck shall not be allowed to park within three hundred feet of a brick-and-mortar food/drink service business.

Q.

Mobile truck shall not be allowed to park within five hundred-feet of a school, farmer's market, special event, place of worship, child day care facility, recreation facility, or city park without written consent from the property owner.

R.

Mobile truck shall not be allowed to do business in any location where the posted speed limit is greater than thirty-five mph, unless a turning lane is established.

S.

Only one mobile vendor is allowed on any one individual private property at any given time.

T.

All mobile venders are required to apply for a conditional use permit and have their case heard in front of the planning commission.

U.

No mobile vending in a residential zone.

V.

All current mobile trucks in existence prior to enactment of this ordinance will be considered permissible non-compliant uses.

W.

If a mobile vendor leaves a grandfathered location for more than thirty days the grandfathered location becomes void.

(Ord. No. 708, § 1, 3-26-2024)

A.

Mobile vendors shall only conduct vending operations in the area or route approved by the city.

B.

Any mobile vendor that is vending in the city for longer than one hour during any twenty-four-hour period must be legally parked within two hundred-feet of a readily available restroom that has been approved by the city. The mobile vendor operator must provide written evidence to the city that they have permission for the use of the restrooms.

C.

Any mobile vending vehicle in a residential zone shall move continuously except when necessary to complete a sales transaction but must not exceed a maximum of ten minutes.

D.

Vending may only occur when the mobile vending vehicle is legally parked. Mobile vendors shall comply with the California Vehicle Code along with title 10 (vehicles and traffic) and title 12 of the Corning Municipal Code (streets, sidewalks, and public places) including all posted signage related to parking, stopping, standing, loading/unloading zones, fire lanes, red curbs and or any other restrictions always.

E.

Mobile vending vehicles shall park in a manner which ensures that customers shall be able to order and pick up safely without stepping into a parking space, into a street, or into a landscaped area.

F.

Mobile vendors shall not utilize portable generators unless approved by the fire chief of the Corning volunteer fire department.

G.

Mobile vendors shall only use a minimum number of light fixtures necessary for safe operation of the mobile vending activity. The mobile vendor shall not display flashing neon or electric display signs so as not to distract drivers and draw attention to the mobile vendor.

H.

For public safety concerns, including but not limited to pedestrian, vehicular, public, and mobile vendor safety, no mobile vending vehicle shall stop, park, or stand to make a sales transaction from the following locations, or within the number of feet designated below from the nearest portion of the following locations:

Within fifty feet of any street intersection.

Within fifty feet of any traffic control device (including traffic signals and traffic signs).

Within fifty feet of a fire hydrant.

On any designated emergency vehicle access way.

Within fifty feet of any driveway or driveway apron.

Within fifty feet of a marked crosswalk.

Within fifty feet of a curb return or curb ramp.

Within fifty feet of any loading or unloading zone, parking space, or access ramp or parking space designed for individuals with disabilities.

Within fifty feet of a bus stop, taxi stand, bus bench or bus shelter.

Within fifty feet of any entrance, fire escape or emergency exit of any business during the hours that business is open to the public.

Within fifty feet of another mobile vendor or sidewalk vendor.

Within fifty feet of a parking lot.

Within fifty feet of any railroad crossing or train tracks.

Within fifty feet of any outdoor dining.

Within five hundred feet of any emergency operations center.

When the posted speed limit is greater than twenty-five mph.

I.

Mobile vending at an active construction site is allowed as long as the active construction site that has a valid city building permit in a commercial, industrial or residential zone with written consent from the person who is legally in control of the property where the lawful construction activity with a valid city building permit has been issued for the property. The sole purpose of the mobile vendor is exclusively for the vending to the construction employees. The mobile vendor may not be parked for more than one hour and must be parked on private property.

(Ord. No. 708, § 1, 3-26-2024)

A.

This chapter shall not apply to a person delivering goods, wares, merchandise, groceries, or prepared foods upon order of, or by agreement with, a customer from a fixed store, restaurant, or other fixed place of business, distribution, or warehouse.

B.

This shall not apply to mobile vendors participating in any organized community event or a sidewalk vendor licensed through the city pursuant to chapter 12.35 of the Corning Municipal Code.

C.

The city may review and approve mobile vending activities as part of a special event and/or as a concessionaire conducted by a permitted mobile vendor on city property operated under the rules and regulations of this chapter.

D.

This shall not apply to any mobile food truck currently doing business in the city at the time this ordinance goes into effect. Once a non-conforming truck moves from its location for more than thirty days its permissible non-conforming status will be extinguished for that location.

(Ord. No. 708, § 1, 3-26-2024)

Every person, prior to engaging in, conducting, operating, maintaining, advertising, or carrying on the business as a mobile vendor (semi permanent, moving, or sidewalk vending) shall file an application with the city. Such application shall be accompanied by a non-refundable permit application fee in the amount established by resolution of the city council, and shall contain, at a minimum, the following information:

A.

The legal name, date of birth, current mailing address and telephone number of the operator who will be solely responsible for the mobile vending vehicle permit regardless of that person being employed or engaged by another individual or a business or using a mobile vending vehicle owned by another individual or a business. The operator must be at least eighteen years old.

B.

If the operator is an agent of an individual, company, partnership, corporation, or other entity, the name, current telephone, email, and business address of the principal.

C.

A copy of the operator's government-issued photo identification, California driver license or identification number, which shall not be available to the public and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order.

D.

The legal name, date of birth, current mailing address and telephone number of all persons who will be employed by the operator who will work as a mobile vendor.

E.

A copy of any employee's government-issued photo identification, California driver license or identification number, which shall not be available to the public and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order.

F.

Whether the operator tends to vend food, merchandise, or both.

G.

If the mobile vendor is selling food, a description of the type of food to be sold, and whether such foods are prepared onsite or are prepackaged offsite.

H.

If selling merchandise, a description of the merchandise to be sold.

I.

The hours of operation per day and the day(s) per week which the operator proposes for vending activities.

J.

Vehicle make, model, year, body type, license plate number, VIN.

K.

If handling food, a certification of a food handler course

L.

The operator shall maintain and provide proof of insurance with a minimum policy of one million [dollars] per occurrence.

(Ord. No. 708, § 1, 3-26-2024)

A.

The city shall determine within thirty calendar days review of the submission of any mobile vending permit to determine if the application contains all the required documentation. Any application that is missing required documentation or is not accompanied by the required fee shall be deemed incomplete and will not be processed.

B.

Investigation and findings, upon receipt of a complete mobile vending permit application the city shall conduct a thorough investigation of the application and shall make a determination upon the application in thirty days. The city may request supplemental information to make a determination.

C.

The city shall approve the issuance of a mobile vending permit unless it is determined that any of the following disqualifications exist:

The operator has failed to submit any of the information, documentation, or fees required.

The operator does not possess all federal, state, and local permits, licenses, certificates, and/or approvals required to engage in the activity subject to the permit.

The operator has made one or more materially false, misleading, or fraudulent misstatements or misrepresentations in the application or supplemental information.

The conduct of the mobile vendor will unduly interfere with traffic or residents to the quiet and peaceful enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare.

The conduct of such mobile vending will require the diversion of police officers or firemen.

(Ord. No. 708, § 1, 3-26-2024)

If a mobile vending permit is denied, the operator will receive a written letter of notification along with the grounds for denial and will be mailed to the operator address listed on the application.

(Ord. No. 708, § 1, 3-26-2024)

A mobile vending permit shall automatically expire at the end of the year issued.

Any operator who has been issued a mobile vending permit and seeks to continue vending must renew it before the end of January 31. If not renewed prior to January 31 the mobile vending permit will become null and void.

(Ord. No. 708, § 1, 3-26-2024)

A.

Any person who has been denied a mobile vending permit or who has had a mobile vending permit revoked may appeal such determination to the city council, by filing a request for an appeal with the city clerk and tendering a filing and appeal fee as set by resolution of the city council, within thirty days of notice.

B.

Appeals shall be in writing addressed to the city clerk and include name, current mailing address, and telephone number of the appellant, the date of the denial or revocation letter, a statement as to all grounds for appeal in sufficient detail to enable the city council to understand the nature of the controversy and a signature of the appellant under penalty of perjury as to the contents of the request for appeal.

C.

An appeal should be scheduled for a public hearing within thirty days.

D.

The city shall give notice to the appellant of the hearing time and location of the hearing.

E.

If the city council chooses to overturn the decision, they shall state the specific reasons for the reversal.

(Ord. No. 708, § 1, 3-26-2024)

A.

Mobile vendors shall adhere to all operating conditions and requirements set forth in this chapter, and all restrictions, limitations, and operating requirements set forth in this chapter shall constitute conditions upon any mobile vending permit issued.

B.

The conditions, restrictions and operating requirements set forth in this chapter are intended to protect the health, welfare and public safety of vendors, their patrons, and the general public for reasons including but not limited to:

Reducing exposure to pedestrian versus vehicle contact

Ensuring better visibility of drivers entering or exiting driveways

Protecting access to public right-of-way by disabled persons to comply with the Americans with Disabilities Act

Ensuring safe pedestrian pathways in areas commonly utilized by pedestrians.

Preventing the appearance of "marketplace" vending which is more likely to generate crowding on public sidewalks that would impede pedestrians and accessible use of sidewalks by disabled persons.

Reducing the chance pedestrians will enter vehicular right of ways or block the entrance or exit to a business.

Reducing the danger that children will enter into traffic and be injured or killed trying to reach a vendor especially near schools, day care facilities, parks and recreational facilities.

Reducing unnecessary or unanticipated slowing of vehicles approaching on-ramps, immediately adjacent to curb and sidewalk, or exiting freeway off-ramps where drivers are merging into oncoming traffic which is likely to cause accidents.

Reducing the possibility that drivers will be distracted in their line of site by a vendor in the way of oncoming traffic.

Causing visual distraction to the driving public such as lighting.

Causing excessive noise that disturbs the peace.

Eliminating litter, refuse and food waste from the public right of way and

Reducing the likelihood of contamination deposited into the city's storm drain system.

(Ord. No. 708, § 1, 3-26-2024)

A.

Violations deemed a nuisance. It is unlawful and declared a public nuisance for any owner, operator, person to operate, conduct, or maintain a mobile vending vehicle contrary to the provisions of this chapter.

B.

Any owner, operator or person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of up to one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both; except the district attorney, in their discretion, may prosecute a violation of this chapter as an infraction subject to the penalties in this Code.

C.

Administrative citations may be issued for violations of the provisions of this chapter.

(Ord. No. 708, § 1, 3-26-2024)