El Centro Municipal Code Art. VIII Mobile Vendors

Footnotes:

--- (5) ---

Editor's note— Ord. No. 25-05, § 2, adopted Oct. 21, 2025, repealed the former Art. VIII., §§ 16-274—16-285, and enacted a new Art. VIII as set out herein. The former Art. VIII pertained to similar subject matter and derived from Ord. No. 18-09 , § 2, adopted Nov. 6, 2018.

For the purpose of this article, the following words and phrases shall have the following meanings:

City means the City of El Centro.

City park and public facility means and includes all parks, recreational buildings, arts and cultural buildings, and associated restrooms, snack bars, gathering or parking areas.

Community event means an event that is of civic, political, public or educational nature, including city festivals, and other public gatherings approved by the city, as defined in Health and Safety Code section 113755, as now adopted or hereafter amended.

Food means items intended primarily for consumption by human beings.

Goods or merchandise means any item that is not food or a food product and can be sold and immediately obtained from a sidewalk vendor. Items for rent, subscription plans, and other services shall not be considered goods or merchandise.

Mobile food facility means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail, or as defined in California Health and Safety code section 113831.

Mobile food facility permit means a yearly permit issued by the public health department to operate a mobile food facility.

Mobile vendor or vendor means any person who vends from a vending cart, from one's person, or from a vending vehicle, including an employee or agent of another.

Mobile vendor's permit or vendor's permit means a permit issued by the city authorizing the holder thereof to engage in the business of mobile vending.

Public health department means the division of environmental health of the Imperial County Public Health Department.

Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

Roaming street vendor means a street vendor that operates a vending vehicle, such as an ice cream truck, that moves from place to place and stops only to complete a transaction.

Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.

Vend or vending means offering goods or food of any kind for preparation or sale.

Vending vehicle means any motorized vehicle, motorized device, or trailer that is propelled or drawn by a motorized vehicle and that may be propelled or move upon a road or highway.

Vending cart means any pushcart, stand, display, pedal drive cart, wagon, showcase, rack or other non-motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.

Sidewalk vendor means a person who sells food or merchandise from a pushcart, stand, display, pedal-drive cart, wagon, showcase, rack, or other non-motorized conveyance, or from his/her person, upon a public sidewalk or other public path, and includes those selling for charitable purposes, and also includes "roaming sidewalk vendor" and "stationary sidewalk vendor" as well as solicitor, peddler or itinerant vendor.

Street means that portion of the public right-of-way or public easement for the purposes of vehicle travel or parking.

(Ord. No. 25-05, § 2, 10-21-25)

(a) All vendors operating mobile food facilities in the city in any capacity must obtain all required permits from the public health department.

(b) Nothing in this article shall prevent the city from denying any permit application for any mobile food facility if, in the opinion of the public health department or city, such mobile food facility poses a real potential risk to the health and welfare of the public.

(Ord. No. 25-05, § 2, 10-21-25)

All vendors shall be required to apply for and obtain a business license pursuant to chapter 16 of the City Code. All other vendors shall carry a business license certificate that can be readily inspected upon request by a city official or any other authorized person. Vendor sales shall be subject to sales tax in a manner required by state law.

(Ord. No. 25-05, § 2, 10-21-25)

In addition to procuring a business license as set forth in section 11-87, all persons vending on the public right-of-way, private property, or public property shall obtain a mobile vendor's permit issued pursuant to this chapter and any other license or permit required under any other chapter of this Code.

(Ord. No. 25-05, § 2, 10-21-25)

Any person desiring to obtain a mobile vendor permit shall submit an application to the community development department. Prior to submitting such application, a nonrefundable fee, as established by resolution of the city council, shall be paid to the city to defray, in part, the cost of the city investigation and report required by this chapter. After an application permit has been filed with the community development department, there shall be an investigation made by the community development director or their respective designee. Permit issuance fees required under this chapter shall be in addition to any license, permit or fee required under any chapter of this Code. Neither the filing of an application for a permit, nor the payment of an application fee, shall authorize the vending from, operation or management of a mobile vending operation until such permit has been granted or renewed. Each applicant for a permit to conduct business as a mobile vendor shall furnish the following information:

(a) The full true name under which the business will be conducted.

(b) The full true name and any other names used by the applicant.

(c) The present residence and business address and telephone numbers of the applicant.

(d) A description of the merchandise the vendor will vend.

(e) If the vendor is operating a mobile food facility or vending food, a valid copy of their required health permit(s) issued by the public health department.

(f) The number of vehicles to be owned, operated, or controlled by the applicant and the make(s), model(s), body styles, years, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle.

(g) A photograph of the vehicle(s) showing the logo, color scheme, insignia, and any other distinguishing characteristics of the applicant's vehicles.

(h) Whether the applicant intends to operate as a stationary sidewalk vendor, a roaming sidewalk vendor, vend from private property, or operate a vending vehicle in the public right-of-way.

(i) If the applicant is a corporation, the name shall be stated exactly as set forth in its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors, and each stockholder, owning not less than ten (10) percent of the stock of the corporation, and the address of the corporation itself, if different than the applicant's place of business.

(j) If the applicant is a partnership, the application shall show the name and residence address of each of the partners, including limited partners, and the address of the partnership itself, if different than the applicant's place of business.

(k) When any change occurs regarding the written information required by this subsection, prior to or after issuance of a permit, the applicant shall give written notification of such change to the community development director or designee within two (2) weeks of such change.

(l) When there is a change in ownership, the applicant shall give written notification of such change to the community development director or designee within two (2) weeks of such change.

(m) Nothing in this section precludes the city from inspecting and re-inspecting the vending cart or vehicle if it is determined that such inspection or re-inspections are necessary to ensure the health and welfare of the public.

(Ord. No. 25-05, § 2, 10-21-25)

The community development director or designee(s), within thirty (30) days after receiving a complete application, shall grant the vendor's permit if the community development director or designee 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 and other chapters of the Code;

(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 application; and

(e) The applicant has not failed to pay any previous administrative fines, complete any community service and/or complete any other alternative disposition associated with a previous violation of this chapter.

(Ord. No. 25-05, § 2, 10-21-25)

(a) If the community development director or designee find that the requirements set forth in this article have not been met, the community development director or designee shall deny the application for a vendor's permit. In the event the application is denied by the community development director or designee, written notice of such denial shall be given to the applicant specifying the basis for such denial. Notice of denial shall be deemed to have been served, if, in fact, it is personally served to the applicant or when deposited in the United States mail with prepaid postage and addressed to the applicant at his/her residence address as set forth in the application.

(b) Any applicant whose application for a mobile vendor permit has been denied by the community development director or designee may submit an appeal in writing to the city clerk within fifteen (15) days of such denial. Appeals will be heard by the planning commission. The decision made by the planning commission may be appealed to the city council. All appeals shall be subject to any and all applicable appeal fee as approved by resolution.

(c) Vendor's permits shall expire and become null and void twelve (12) months from the date of issuance. Applicants may apply for a permit renewal prior to the expiration of their vendor permit. Request to renew vendor's permits shall be made with the application, fee, and other requirements of a new application at the time of renewal.

(d) The city reserves the right to terminate the vendor's permit if the permittee is in violation of any federal, state or local laws.

(Ord. No. 25-05, § 2, 10-21-25)

(a) Any vendor permit may be suspended or revoked by the community development director or designee 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 community development director or designee within two (2) weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permittee was based;

(3) Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the City Code; 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 mobile food facilities.

(b) No person whose permit is revoked shall be eligible to apply for a new permit for a period of one (1) year following such revocation.

(Ord. No. 25-05, § 2, 10-21-25)

All mobile vendors shall comply with the following standards and conditions:

(a) Vendors shall maintain at all times while vending a valid mobile vendor's permit, business license, and any other permit(s) or licenses(s) required by the city or other governmental agencies. Food vendors shall, in addition, maintain a valid health permit from the public health department. All required permits specified in this section shall be placed on display in plain view by the public.

(b) No vendor may use sound amplifying equipment, unless it complies with the noise limits established in section 17.1-4 of the City Code.

(c) No lighting may be used except localized lighting that is used by the vendor for visibility after dark.

(d) Mobile vendors shall not operate in any of the following locations or under the following conditions, as specified in this section:

(1) Within two hundred (200) feet of a permitted certified farmers' market, a swap meet, or an area designated for a special event permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special event.

(2) Within three hundred (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 4:00 p.m., each day that school is in session.

(3) Vending is prohibited on the following streets and roads:

a. 4th Street between Adams Avenue and the southern city limits;

b. 8th Street between Interstate 8 and State Street;

c. Adams Avenue between 4th Street and Imperial Avenue;

d. Imperial Avenue;

e. Main Street between 4th Street and the eastern city limits; and

f. Dogwood Avenue.

(4) Vending is prohibited on the following streets unless within a designated area:

a. 8th Street and Aurora Drive adjacent to Bucklin Park;

b. Waterman Avenue between Cruickshank Drive and the southernmost driveway entrance to First Responders Park; and

c. Lotus Avenue between Adams Avenue and Main Street.

(5) When the posted speed limit on the public street is greater than thirty-five (35) miles per hour;

(6) When the vending vehicle is parked in violation of any other provision of this Code, or the California Vehicle Code;

(7) When the prospective customer is located in that portion of the street or alley which is open to vehicular traffic; and

(8) When the vending vehicle is located in a portion of the right-of-way that is missing curb, gutter and sidewalks.

(e) Vendor shall not discharge any liquid (e.g., grease, oil, water) onto or into city streets, storm drains, catch basins, or sewer facilities.

(f) Signage shall be limited only to the vending offered and must be displayed upon the vending vehicle, vending cart or person. Banners, wind feathers or free-standing signage is prohibited.

(g) No vending of alcohol, tobacco, drugs or cannabis, firearms, weapons, spray cans, or pornography.

(h) No verbal solicitation of business from pedestrians or persons in vehicles, and no sales to persons in vehicles.

(i) No obstruction or interference with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any parking lot, business, public building, or dwelling unit.

(j) No obstruction of required visibility triangle at any driveway or intersection as established in section 29-143(11) of the City Code.

(k) No littering or release of any liquids.

(l) Vendors utilizing cooking or other heat generating equipment shall have a certified fire extinguisher or other acceptable fire suppression equipment while operating.

(m) The vendor shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.

(n) The vendor shall not allow loitering around their vending area.

(Ord. No. 25-05, § 2, 10-21-25)

(a) No sidewalk vendor shall operate in the following locations:

(1) Within twenty (20) feet of any street intersection;

(2) Within ten (10) feet of any driveway or driveway apron;

(3) Upon or within any roadway, median strip, or dividing section;

(4) Within eight (8) feet from entrance or exit of a building; or

(5) Within fifty (50) feet from another sidewalk vendor, street vendor, or mobile vendor on private property.

(b) Sidewalk vendors must at all times provide a clearance of not less than five (5) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices. No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles.

(c) No sidewalk vendor shall block or impede access to bicycle racks, bus stops, parking meters, required accessibility routes and curb cuts, trash enclosure areas or trash bins, fire hydrants, fire call boxes, or other emergency facilities.

(d) No sidewalk vendor shall distribute any item from the vending cart in a manner that causes any person to stand in the street.

(e) Sidewalk vendors shall not offer, provide, rent, or sell a service that is neither defined as merchandise nor food.

(f) Vending is permitted between the hours of 6:00 a.m. and 1:00 a.m., daily, except as follows:

(1) In residential areas, roaming sidewalk vendors shall only vend between the hours of 8:00 a.m. and 8:00 p.m. daily. A resident who does not wish to be contacted by such vendors, peddlers or solicitors may post a statement or notice to the effect that they are requested not to enter the premises or contact the resident.

(2) In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

(g) A stationary sidewalk vendor may stay in one (1) location only for two (2) hours and must move more than one thousand (1,000) feet in any direction.

(h) Sidewalk vendors shall maintain and possess, at all times while vending, proof of liability insurance in the amount required by the city.

(i) Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

(j) No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property.

(k) Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.

(l) Stationary vendor may not store materials or equipment around his or her vending area.

(m) Stationary sidewalk vendors shall maintain a clearly designated trash receptacle in the immediate vicinity of the vending cart, marked with a sign requesting use by patrons. Prior to leaving any vending location, the vendor shall pick up, remove, and dispose of all trash generated by the vending operations within a twenty-five (25) foot radius of the vending location. Vendors may not utilize solid waste receptacles belonging to other businesses without consent from that business. Vendors may not utilize solid waste receptacles belonging to the city, county, or other public agency.

(Ord. No. 25-05, § 2, 10-21-25)

(a) Mobile vendors operating on private property shall obtain a temporary use permit pursuant to chapter 29, article iv, division 5.

(b) Mobile Vendors shall not operate on private property with the following zoning designations: RR (Rural Residential), R1 (Single-Family Residential), R2 (Variable Family Residential), or R3 (Multiple Family Residential). With the exception of residential zoned parcels with a valid conditional use permit for a non-residential use and operating during the hours between 8:00 a.m. to 8:00 p.m.

(c) No mobile vendor operating on private property shall be stationary for a period longer than twelve (12) hours.

(d) Tables and chairs shall be allowed within the mobile vendor's designated space as defined in the site plan. Tables and chairs shall not be permanently affixed and shall be moveable. Portable restrooms, fences, or other site furniture (permanent or otherwise) shall be prohibited.

(e) The site where a vendor is parked shall consist of a paved surface with adequate parking and maintained in a safe and clean manner at all times.

(f) Exterior storage, equipment or materials associated with the mobile food facility is prohibited, unless expressly allowed in this article. All refuse shall be removed from the vending site and properly disposed of within thirty (30) minutes of the closing of vending for the day at the site. A minimum of two (2) thirty-two (32) gallon litter receptacles within fifteen (15) feet of the vehicle shall be provided. The receptacles will serve both employees and customers.

(g) The vendor shall install signage indicating that loitering is not permitted and customers may only remain on the lot for up to thirty (30) minutes after receiving their food. The vendor shall enforce the no-loitering rule. The serving or consumption of alcohol shall be prohibited at vending sites.

(h) No lighting, except lighting that is used for the purpose of inside food preparation and menu illumination.

(i) Signs placed in or on the mobile food facility are permitted. Banners, wind feathers, vehicle signs or other free standing signage is prohibited.

(j) The vendor shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.

(Ord. No. 25-05, § 2, 10-21-25)

(a) Only vending vehicles authorized to operate on a highway, shall be allowed to operate in the public right-of-way.

(b) In addition to any other equipment required by law, each vending vehicle shall be equipped with the following:

(1) A convex mirror mounted so that the driver can see the area in front of the truck that is blocked by the truck's hood; and

(2) A back-up alarm audible for a distance of at least one-hundred (100) feet.

(c) Vending vehicles are allowed to park and operate on public right-of-way for no more than twelve (12) hours, between the hours of 6:00 a.m. and 1:00 a.m. except when the following apply:

(1) When located within fifty (50) linear feet from a corner;

(2) When located within fifty (50) linear feet from another sidewalk vendor, street vendor, or mobile vendor on private property;

(3) When located within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp; and

(4) When located within public right-of-way adjacent to residentially zoned parcel.

(d) Vending is prohibited from the street side and food or goods shall not be distributed to parked or moving vehicles.

(e) Vending vehicles shall maintain and possess at all times while vending proof of liability insurance in the amount required by the city.

(f) The mobile food facility shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.

(g) No lighting, except localized lighting that is used on or in the mobile food facility for the purpose of inside food preparation and menu illumination.

(h) Signs placed in or on the mobile food facility are permitted. Banners, wind feathers, or other free-standing signage is prohibited on the public right-of-way.

(i) Vending vehicles operations shall maintain a clearly designated trash receptacle in the immediate vicinity of the vending vehicle, marked with a sign requesting use by patrons. Prior to leaving any vending location the vendor shall pick up, remove, and dispose of all trash generated by the vending operation within twenty-five (25) feet from the vending location.

(j) Roaming street vendors may operate subject to the following conditions:

(1) May operate between the hours of 8:00 a.m. to 8:00 p.m. in all zones.

(2) May stop only to complete a transaction and shall not remain stationary for longer than ten (10) minutes at any one (1) location.

(3) Shall obey all applicable state and local traffic laws at all times while operating on public streets.

(4) Shall maintain pedestrian and vehicular circulation consistent with the Americans with Disabilities Act.

(Ord. No. 25-05, § 2, 10-21-25)

(a) Vending shall be allowed on public city property only as provided in this division. Parks and city facilities identified in Table 16-286 shall be permitted to vend with a permit pursuant to subsection (e) of this section. The symbol "X" indicates that vending at that park or facility is prohibited.

(b) Vendors desiring to vend in city parks and public facilities must obtain prior written consent for such vending by obtaining a permit from the city parks and recreation division pursuant to City Code section 19-40.

(c) The city reserves the right to prohibit mobile vending within a park with an exclusive concessionaire agreement.

(d) No vendor may vend in a city park during any scheduled event, whether it is a city event or a private event for which a special event permit or park facilities use permit has been obtained.

(e) In addition to the requirements of this article, any vendor operating in a city park is subject to the rules and regulations for activities and vending within that park.

(f) No vendor may operate on a sports field property whether or not that facility is in use.

(g) A vendor may vend in a park only during the hours such park is open.

(h) No athletic league shall permit a vendor from vending on a city facility without prior approval from the community services director or their designee. Failure to comply will result in revocation of athletic field permit.

(Ord. No. 25-05, § 2, 10-21-25)

Vendors operating in conjunction to an outdoor market, community event, or other event permitted through a temporary use permit or special event permit shall be subject to the requirements and conditions of that permit.

(Ord. No. 25-05, § 2, 10-21-25)

Any violation of this article is hereby declared to be unlawful and a public health nuisance and may be abated by the city, irrespective of any other remedy provided in this chapter.

(Ord. No. 25-05, § 2, 10-21-25)

(a) A violation of the requirements of this article is punishable only by administrative citations, as follows: One hundred dollars ($100.00) for the first violation; two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; and five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

(b) The city may revoke the vendor's business license and mobile vendor's permit for the remaining term upon a fourth or subsequent violation and the vendor may be denied a subsequent business license or mobile vendor's permit.

(Ord. No. 25-05, § 2, 10-21-25)

(a) At the time of service of an administrative citation pursuant to section 16-290, the city shall provide the vendor with notice of the right to request an ability-to-pay determination and shall provide instructions for how to do so.

(b) Notwithstanding the time frames set out in chapter 18, article XI of the City Code regarding administrative citations, any vendor served with a citation under section 16-288 may request an ability-to-pay determination at any time while the citation remains unpaid.

(c) The city will accept twenty (20) percent of the administrative fine as full payment when the vendor applying for the ability-to-pay determination meets the criteria described in California Government Code section 62632(a) or (b).

(Ord. No. 25-05, § 2, 10-21-25)

The provisions of this article are hereby declared to be severable. If any provision, clause, word, sentence or paragraph of this article, or the application thereof, to any person, establishment or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this article.

(Ord. No. 25-05, § 2, 10-21-25)