Delano Municipal Code Ch. 6.25 Food Vending Vehicles

Footnotes:

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Editor's note— Ord. No. 2020-1313, § 4(Exh. A), adopted March 16, 2020, amended Chapter 6.25 in its entirety to read as herein set out. Former Chapter 6.25, §§ 6.25.010—6.25.250, pertained to similar subject matter, and derived from Ord. No. 2012-1251, adopted January 22, 2013.

The city council expressly finds that vehicles in which goods or merchandise are carried for purposes of retail sale on the public and private streets, and vehicles from which hot and/or cold food prepared in the vehicle and/or pre-packaged are sold or offered or sale, pose traffic hazards and special dangers to the public health, safety and welfare of children and residents in the city. It is the purpose and intent of the city council, in enacting this chapter, to provide responsible companies and persons who engage in the operation of food vending from vehicles with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community, and to comply with various sections of the California Vehicle Code (CVC) where and when applicable, when any food vending vehicle is vending ice cream or similar food items.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any vehicle parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property in the city except in accordance with all applicable requirements of this Code and in compliance with all of the provisions of this chapter.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

The following words and terms as used in this section shall have the following meanings:

"Food vending vehicle" means any vehicle in which goods or merchandise are carried for purposes of vending from the vehicle on public or private property.

"Goods" or "merchandise" means and includes items and products of every kind and description, including all food, produce and beverage items.

"Ice cream truck" means any vehicle as defined in CVC 22456(c).

"Operator" means any person or entity owning, operating or otherwise controlling any business involving the vending of goods or merchandise from a vehicle.

"Person" means any natural person, firm, partnership, association, corporation or other entity of any kind or nature.

"Public property" means any real property, or interest therein, owned, leased, operated or otherwise controlled by the city other than a street, alley, parkway or sidewalk.

"Unsafe ice cream truck" means any vehicle where sales of ice cream are conducted that has not met or maintained the minimum safety requirements as established by the"vend" or "vending" means the sale or offering for sale of any goods or merchandise to the public from a vehicle.

"Vendor" means any person who engages in the act of vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

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

B. No person shall drive, operate, vend and/or prepare food from or on any vehicle defined as a food vending vehicle in the city without a valid operator's permit issued pursuant to the provisions of this chapter.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

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 this chapter, together with such permit renewal fees as may be established by resolution of the city council.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

A. Any person desiring to obtain a vendor and/or an operator's permit shall make application to the chief of police. Applications for either a vendor or an operator's permit shall be submitted in the form prescribed by the chief of police. Prior to submitting such applications, a nonrefundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this chapter. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is filed. Permit issuance fees required under this chapter 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 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.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant for a vendor's permit or an operator's permit. The chief of police shall, within thirty days after the date of the filing of the application, render a written recommendation to the finance director, as to approval or denial of the application for the permit or renewal thereof.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

The finance director, or his designated representative, within ten days after receiving the application and aforementioned recommendation from the chief of police, shall grant the vendor's permit or operator's permit only if he finds that all of the following requirements have been met:

A. The required fees have been paid;

B. The application conforms in all respects to the provisions of this chapter;

C. The applicant has not knowingly made a material misrepresentation of fact in the 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 five percent of the stock of the corporation, or any of the partners, including limited partners, or profit interest holders, managers or other persons principally in charge of the operation of the existing or proposed business of vending from a food 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: The sale of a controlled substance specified in California Health and Safety Code Sections 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; permitting gambling, pool selling or bookmaking; or, in the case of applications for an operator's permit, alcohol or drug-related traffic offenses. The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in Section 11105 of the California Penal Code. Any complaint for the above-listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

A. If the finance director, or his designated representative, finds that all of the requirements set forth in Section 6.25.080 have not been met, he shall deny the application for a vendor or operator's permit. In the event the application for either permit is denied by the finance director, or his designated representative, 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.

B. Any applicant whose application for a vendor or operator's permit has been denied by the finance director, or his designated representative, may appeal such denial to the city council.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

A. Any vendor or operator's permit may be suspended or revoked by the finance director, or his 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 chief of police 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;

Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in Sections 6.25.040 through 6.25.190 of this chapter; and/or

3. 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 pursuant to the permit.

4. When any ice cream truck owner fails to correct any ice cream truck safety violation after being notified by the chief of police or his or her designee and continues to operate the ice cream truck within the City of Delano conducting any sales or advertising from such vehicle.

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. 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. Permit holder has five days from the date of receipt of the suspension or revocation notice to file his/her appeal.

D. 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. No. 2020-1313, § 4(Exh. A), 3-16-2020)

A. Each food vending vehicle shall have a current, valid County of Kern health inspection sticker affixed to the lower right side of the windshield in addition to the permit sticker issued by the city.

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 food vending vehicle, and shall produce the same for inspection upon request. Each operator permit holder shall immediately surrender to the chief of police 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. Failure to immediately produce the City of Delano issued identification card or current Kern County Public Health Services Department certificates shall result in the vender being ordered to cease all sales within the City of Delano. Vehicles may be seized in accordance with Section 6.25.250 of this chapter only after all procedural steps have been taken by the chief of police or his/her designee.

D. In addition to the operator's permit required in subsection B of this section, each person who drives a food vending vehicle shall have on his/her person a current, valid California driver's license, which he/she shall make available for inspection by law enforcement officials upon request.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

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

1. Within five hundred feet of any school property, park, playground or recreational facility;

2. Within five hundred feet of any other food vending vehicle which is engaged in the operation of food vending;

3. Within two hundred feet of an intersection;

4. In the case of ice cream trucks when the posted speed limit on the public street is greater than twenty-five miles per hour (CVC Section 22456(e)(1)), and for all other food vending vehicles, thirty-five miles per hour;

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

6. When any part of the food 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;

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

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

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

10. Between the hours of 9:00 p.m. and 8:00 a.m.;

11. Within one thousand feet from any enclosed commercial restaurant;

12. At any permitted location for a period of time not exceeding three hours and regardless of the length of time that vending occurred at any permitted location, shall not vend again for a period of twenty-four hours within one thousand feet of such location; or

13. Where a person or entity owns more than one food vending vehicle subject to the provisions of this section, said person or entity shall not permit an additional food vending vehicle owned by said person or entity to vend at any permitted location for a period of twenty-four hours within one thousand feet of such a location when another food vending vehicle owned by the same person or entity has already vended within that twenty-four-hour period at that permitted location.

B. No person shall back up a food vending vehicle to make or attempt to make a sale.

C. No food vending vehicle shall be operated in any one location for longer than three hours, and shall be moved a minimum of five hundred feet before vending again.

D. No minor under the age of sixteen shall ride in or on a food vending vehicle while such food vending vehicle 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 food vending vehicle.

F. All food vending vehicles shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such vehicle, and the operator of the food vending vehicle shall pick up all refuse generated by such operation within a fifty-foot radius of the vehicle before such vehicle is moved.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

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 shall have a receipt, invoice, bill of lading 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. No. 2020-1313, § 4(Exh. A), 3-16-2020)

All food vending vehicles are prohibited from operating on private property except:

A. If a land use permit has been obtained from the community development department; or

B. To provide meals for employees located at the private property for a period of three hours or less.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

A. It is unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any food vending vehicle, which shall include ice cream trucks, in the city for vending purposes unless such person has submitted with his application for permit a motor vehicle liability insurance policy, covering each food vending vehicle, issued by a solvent corporation holding a certificate of authority to do insurance business in the State of California, 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 and any other person using or responsible for the use of any food vending vehicle 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 due to the maintenance, operation or ownership of any food vending vehicle, in an amount of one million dollars, combined single limit, no aggregate.

C. Every insurance policy and every certificate of motor vehicle liability insurance filed with the city pursuant to the provisions of this chapter 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 6.25 of the Delano Municipal 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 feasor or the insured.

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

3. Such policy of insurance shall also contain an endorsement providing that the policy shall not be canceled or materially modified until notice in writing has been given to the city, addressed to the City Manager of the City of Delano, at least thirty days immediately prior to the time such cancellation or material modification becomes effective. Said period of thirty days to commence running from the date said notice is actually received in the office of the chief of police. Furthermore, such policy of insurance shall name the city, its officers, agents and employees as additional named insureds. Additionally, a vehicle owner and driver shall indemnify, defend and hold harmless the city, its officers, agents and employees from claims arising from or alleged to arise from the operation of the vehicle owner or driver.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

A. Each food vending vehicle for which a permit or renewal is sought shall be inspected by the Delano Police Department to ensure that the vehicle is mechanically fit and can be safely operated.

B. Unless otherwise waived by the Delano Police Department and, in addition to other equipment required by law, each food vending vehicle 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 one hundred feet.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

A. Each food vending vehicle, including the interior of cabinet units or compartments, shall be equipped so as to have smooth, easily accessible, and easily cleanable surfaces. Unfinished wooden surfaces are not permitted. Construction joints shall be tightly fitted and sealed so as to be readily cleanable. Equipment, including utensils, shall be constructed of nontoxic materials and shall be readily cleanable.

B. During the vending operation, no food shall be stored, displayed or served from any place other than the food vending vehicle.

C. Food condiments shall be protected from contamination and, where available for self-service, shall be prepackaged or available only from approved dispensing devices.

D. During transportation and storage, food and food contact surfaces shall be protected from contamination.

E. All food vending vehicles shall operate out of a commissary or other facility approved by the County of Kern public health services department. Food vending vehicles shall report to the commissary at least once each operating day for cleaning and servicing operations. In addition, food vending vehicles whereon nonprepackaged hot dogs are handled shall be properly stored at a commissary or other facility approved by the County of Kern Public Health Services Department so as to be protected from unclean or unsanitary conditions.

F. Food products remaining after each day's operation shall be stored only in a food facility approved by the County of Kern public health services department.

G. Utensils and equipment shall be handled and stored so as to be protected from contamination. Single-service utensils shall be contained only in sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used once only.

H. All wastewater shall be drained to a water receptor approved by the County of Kern Public Health Services Department.

I. Readily perishable foods shall be maintained at or below seven degrees Celsius (forty-five degrees Fahrenheit) or at or above sixty degrees Celsius (one hundred forty degrees Fahrenheit) at all times.

J. Vending from a food vending vehicle pursuant to a land use certificate shall be conducted within sixty meters (two hundred feet) of approved and readily available toilet and handwashing facilities or as otherwise approved by the County of Kern Public Health Services Department to ensure proper sanitary facilities are available to the mobile food vendors, operators, and their customers.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

A. There shall be displayed in a conspicuous place on both the right and left side of the food vending vehicle lettering permanently affixed showing the name of the company or operator of the food vending vehicle and the business address and telephone number thereof. The lettering for the name of the company or the operator of the food vending vehicle shall not be less than four inches in height, shall be in contrast to the color of the background upon which they are placed, and shall have strokes at least three-eighths of an inch wide. The lettering for the business address and telephone number shall not be less than one inch high.

B. No other lettering, numbering, price lists, signs or insignia shall be displayed on the right and left side of the food vending vehicle so as to interfere with the visibility of the lettering required in subsection A of this section.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

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

B. Food vending vehicles authorized under this chapter, when utilizing amplified sound as a method of advertising, may only use such amplified sound on residential streets with a prima facia speed limit, posted or otherwise, of twenty-five miles per hour, and only when in compliance with all other applicable sections of this chapter and the California Vehicle Code. Streets that have not been posted with a regulated traffic speed sign shall be deemed to have a prima facia speed limit of twenty-five miles per hour.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

The provisions of this chapter 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 chapter into law. All such persons and businesses shall have thirty days from said effective date to file a completed application for a vendor or operator's permit with the chief of police.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

Any food vending vehicle operated contrary to the provisions of this chapter is 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, proceedings or proceedings, for the abatement, removal or enjoinment thereof, 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 contrary to the provisions of this chapter.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

The requirements of this chapter shall not apply to:

A. Any person delivering any goods or merchandise by 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 by vehicle, regardless of the point of sale thereof;

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 a permit, lease, real property license, agreement or other entitlements issued by the city for such purpose.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

Every violation of the provisions of this chapter shall be deemed to be a misdemeanor and, upon violation thereof, shall be punishable as provided for in Chapter 1.16 of this Code. Each day any violation of any provision of this chapter shall continue shall constitute a separate offense.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

In addition to any other applicable inspection requirements of other food vending vehicles, the following initial and ongoing licensing and inspection requirements shall apply to food vending vehicles engaged in the vending of ice cream or similar food items:

A. Prior to the issuance of any business license by the finance director, or his or her designee, all ice cream trucks that will be used by the applicant, vehicle owner, or their agents for the purpose of sales as listed within the chapter within the City of Delano shall take part in a vehicle inspection which shall be conducted by the chief of police or his or her designee, and provide the results of said inspection to the finance director or his or her designee.

B. All ice cream trucks shall be equipped as specified in Section 22456(d) of the California Vehicle Code (CVC).

C. In the event an ice cream truck does not pass the vehicle inspection as identified in Section 6.25.240.B above, no license shall be issued by the finance director or his or her designee until such time as the applicant provides certification from the chief of police or his or her designee that all discrepancies have been corrected.

D. The chief of police, or his or her designee, may conduct a safety inspection of any licensed ice cream truck for the purposes of ensuring compliance with this chapter or CVC Section 22456(d) when a violation of this section has been observed. Ice cream trucks found to be out of compliance shall be cited, advised the vehicle is unsafe in accordance with Section 22456(d) CVC, and the operator ordered to immediately cease all sales within the City of Delano.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)

A. The chief of police or his or her designee may seize any food vending vehicle as described in this chapter that is found operating within the City of Delano in violation of this chapter, and hold such vehicle as evidence until such case is adjudicated by the courts, or until such vehicle is licensed with the City of Delano and the payment of all applicable fees associated with such permit, vehicle inspection, and all costs associated with the storage of the vehicle by the City of Delano.

B. All food vending vehicles seized as evidence for any violation of this chapter shall be stored by the City of Delano until otherwise released by court order or at the direction of the chief of police, and only after all applicable fees have been paid to the City of Delano. A daily storage charge shall be assessed by the finance director to the owner of the seized vehicle at a rate of fifty dollars per day for each day, or partial day, the vehicle is held by the city.

C. In all cases where perishable food items are stored within the vehicle to be seized, the chief of police or his designee shall allow the owner or operator a reasonable period of time not to exceed thirty minutes to have the perishable items removed by the owner or operator to further safeguard the items for spoilage, but not before such items are photographed by the officer ordering such vehicle seized as evidence.

D. The City of Delano shall not be responsible for the spoilage of any item that the owner or operator fails to remove from the ice cream truck prior to it being removed by the police department to the storage location.

(Ord. No. 2020-1313, § 4(Exh. A), 3-16-2020)