Del Mar Municipal Code Ch. 6.50 Mobile Vending

A. It is unlawful for any person to conduct the act of mobile food vending, as defined by DMMC Section 9.26.020, without first having obtained an Operations Permit: Mobile Vending pursuant to the provisions of this Title, together with any other licenses or permits required by the provisions of DMMC Chapter 9.26.

(Ord. No. 882)

The City Manager or his/her designee shall be the issuing authority for the Operations Permit required by this Chapter. The City Council shall, by Resolution, establish a fee for the Operations Permit and a fee to cover the administrative costs of processing such applications.

A. Each applicant for a permit required by this Chapter shall submit an application to the City of Del Mar's Planning and Community Development Department a minimum of 30 days prior to the desired date of commencement of operations.

B. The applicant for a permit to conduct mobile food vending on private property shall be the owner of said property.

C. The applicant for a permit to conduct mobile food vending upon the public right-of-way or public property shall be the mobile vendor or owner of a Mobile Food Truck.

Any person desiring to obtain a permit to engage in mobile food vending shall make application to the Director, or his or her designee. Any such application shall be renewed annually.

A. Each applicant for a permit to conduct mobile food vending on a private property for purposes other than catering, shall furnish the following information and documentation as part of the required application:

1. The name, mailing address and phone number of the applicant, and the name mailing address and phone number of the Mobile Food Truck owner, if other than the applicant;

2. The address and Zoning designation of the private property to be used for mobile food vending or a Mobile Food Truck event;

3. The proposed number of mobile vendors/Mobile Food Trucks to be operated on the property;

4. The proposed day and hours of operation;

5. The business hours of primary uses on the property;

6. A site plan depicting the following information:

a. Property boundaries of the event site;

b. Demarcation of the required 1,500 square feet of paved, level parking area for each proposed mobile vendor/Mobile Food Truck;

c. The location of required customer vehicle parking;

d. The location of required fixed-location bicycle parking;

e. The location of accessible restroom on-site.

f. The location of uncovered seating area (200 square feet maximum); and

g. The location of required refuse and recycling containers.

B. Each applicant for a permit to conduct mobile food vending within the Public Right-of-Way shall furnish the following information and documentation as part of the required application:

1. The name, mailing address and phone number of the applicant, and the name mailing address and phone number of the Mobile Food Truck owner, if other than the applicant;

2. A specific description of the Mobile Food Truck including the type of food, beverages or merchandise to the sold;

3. The proposed hours of operation;

4. A description of the proposed area of operation (street and block);

5. A specific description of the refuse and recycling containers to be used and their locations;

6. A letter of agreement that grants access to sanitary facilities for Mobile Food Truck employees and customers. The facilities shall be located within 200 feet of the applicant's proposed area of operations; and

7. Proof of commercial general and automobile liability insurance, as required by the City of Del Mar.

C. Each applicant for a permit to conduct a non-profit fundraising Mobile Food Truck Event shall furnish the following information and documentation as part of the required application:

1. The name of the non-profit organization benefitting from the Mobile Food Truck Event and documentation/evidence of its 501(c)3 tax exempt status;

2. The name, mailing address and phone number of the applicant or representative of the non-profit organization;

3. The proposed location of the event and business hours of the site's primary uses;

4. Copies of agreements or contracts with each proposed Mobile Food Truck indicating that a minimum of a ten percent donation of all event sales will be donated to the non-profit organization;

5. A site plan depicting the following information:

a. The property boundaries of the event site;

b. A demarcation of the required 1,500 square feet of paved, level parking area for each proposed mobile vendor/Mobile Food Truck;

c. The location of required customer vehicle parking;

d. The location of required fixed-location bicycle parking;

e. The location of accessible restroom on-site;

f. The location of uncovered seating area (200 square feet maximum); and

g. The location of required refuse and recycling containers.

D. Each applicant for a permit to conduct mobile food vending on a private property for catering purposes with more than one Mobile Food Truck, shall furnish the information and documentation as required in Subsection 6.50.040.A of this Chapter.

A. Permits for mobile food vending shall be subject to all regulatory provisions, standards and conditions of DMMC Chapter 9.26 applicable to the proposed type and location of said mobile food vending.

B. A permittee desiring to conduct mobile food vending operations on public property or public right-of-way shall agree to hold the City of Del Mar harmless and indemnify the City of Del Mar from and against all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out of or related to the use of the public property by the permittee or permittee's agents, employees, contractors, or guests.