Elk Grove Municipal Code Art. IIId Mobile Food Vendors

No person shall operate as a mobile food vendor or as an ice cream truck vendor, as defined in EGMC Section 23.100.020, within the City for the purpose of selling food, unless under and by authority of a valid, unexpired and unrevoked special business license authorizing such activity issued pursuant to the provisions of this chapter and this article.

Licensees shall comply with the development and operational standards contained in EGMC Chapter 23.85.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 18-2012 § 3, eff. 10-12-2012)

“Mobile food vendor”

is defined in EGMC Section 23.100.020(M).

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 18-2012 § 3, eff. 10-12-2012)

“Ice cream truck”

is defined in EGMC Section 23.100.020(I).

(Ord. 18-2012 § 3, eff. 10-12-2012)

No person shall, as an employee or other person performing services for an owner or proprietor, engage in mobile food vending without possessing a valid, unexpired and unrevoked employee permit issued pursuant to the provisions of this chapter and this article.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 18-2012 § 3, eff. 10-12-2012)

In addition to the matters prescribed by EGMC Section 4.10.080, an application for an employee permit to provide services identified by EGMC Section 4.10.400 shall contain a list of each conviction of the applicant, plea of guilty or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense of which the applicant was convicted.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 18-2012 § 3, eff. 10-12-2012)

Upon receipt of an application for an employee permit to perform services as a mobile food vendor or ice cream truck, the Chief of Police shall conduct such investigation pursuant to EGMC Section 4.10.085 as is deemed necessary. The Chief of Police shall issue the permit unless he or she finds, pursuant to EGMC Section 4.10.090, any of the following:

A. That the application fails to contain information required by the Chief of Police or EGMC Section 4.10.415, or is otherwise incomplete;

B. That information contained in the application is false or otherwise inaccurate; or

C. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another; and the Chief of Police concludes that by reason of the crime or act there is a substantial risk that the applicant would not perform his or her duties in a law-abiding manner or in a manner which does not subject patrons to risk of harm or criminal, deceitful or otherwise unethical practices.

Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01, et seq., of the California Penal Code or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 482(a) of the California Penal Code.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 18-2012 § 3, eff. 10-12-2012)

An employee permit may be suspended or revoked pursuant to EGMC Section 4.10.140 upon any of the following grounds:

A. Violation of any of the duties, requirements or prohibitions contained in this article;

B. Violation of any of the duties, requirements or prohibitions set forth in any administrative regulations issued pursuant to EGMC Section 4.02.085;

C. Misrepresentation of a material fact contained in the application; or

D. That since issuance or renewal of the permit the Chief of Police has acquired information supporting a finding under EGMC Section 4.10.420(C) in relation to the holder of the permit.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)