Fontana Municipal Code Art. XIX Food Truck Event Permits

The purpose of this article is to provide regulations for the establishment, operation, removal, and cleanup of food truck events within the city and which do not constitute a "land use" of sufficient magnitude or longevity to require permanent land use approval.

(Ord. No. 1678, § 1, 8-13-13)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Applicant means a person or entity submitting a food truck event application. Persons or entities who may be applicants include but are not limited to: property owner, vendor, truck owner, and promoter. Applicant must demonstrate the ability to meet all requirements of the permit.

Chief of police means the Chief of Police of the Fontana Police Department or designee.

Department shall mean the Community Development Department of the City of Fontana.

Director shall mean the director of the community development department and/or designee.

Food truck event, major means an event where one or more mobile food facilities operates at a designated single location, to sell or provide food to an individual, with an anticipated attendance of over 500 persons. A major event will be limited to six events per single location (defined as one or more parcels operating as a single site or venue) per calendar year. A major event which does not exceed one day, or which takes place on both a Saturday and Sunday on one weekend, will be considered one event, for the purposes of calculating the number of events per single location.

Food truck event, minor means an event where one or more mobile food facilities operates at a designated single location in either a single one-day event, or a recurring event on more than one day, not to exceed 12 consecutive months, to sell or provide food to an individual, with an anticipated attendance of 500 persons or less.

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. Mobile food facility does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.

(Ord. No. 1678, § 1, 8-13-13)

(a) Permit required. Except as otherwise provided by the City Code or state or federal law, no person or entity shall advertise, conduct, maintain, operate, or provide admission for any food truck event within the city without possessing an unexpired, unsuspended, and unrevoked food truck event permit from the department for each food truck event.

(b) Closure if no permit. A food truck event conducted without the required permit is subject to closure at any time during the event. It shall be the responsibility of the applicant to have the permit approval letter on-site during the event. The applicant, promoter of the event, business owner, and/or landowner may be liable for the costs of the agencies participating in the closure of the event.

(c) Exemption. Any food truck event that has received another and superseding land use approval to allow food trucks shall be exempt from the requirements of this article.

(d) Food truck events. A food truck event shall be classified by the department as a food truck event, major or a food truck event, minor, as defined in City Code section 15-927.

(Ord. No. 1678, § 1, 8-13-13)

An application for a food truck event permit must be submitted in a complete form at least 60 calendar days in advance of the anticipated commencement of the food truck event.

(Ord. No. 1678, § 1, 8-13-13)

The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed food truck event. The applicant must show or provide, at a minimum, the following information:

(a) Food truck staging areas(s);

(b) Trash receptacles;

(c) Restrooms;

(d) Temporary structures or tents;

(e) Notation of land uses on adjacent properties;

(f) Site lighting;

(g) Fire protection, including location of fire hydrants and supplemental water sources;

(h) Food concessions;

(i) Inclement weather contingencies;

(j) Medical/first aid facilities;

(k) News releases required;

(l) Noise impact(s) (An applicant's request to play or broadcast music, especially between the hours of 10:00 p.m. and 7:00 a.m., shall be evaluated by the police chief and determined based on all relevant information including the following: the proximity to the nearest residence, business, or other occupied land use; the topography of the site and relevant surrounding area; previous experience of with the permit applicant, if any; and, the time limits the music is proposed to be played);

(m) Restoration of site/landscape if determined necessary by the department;

(n) Sanitary facilities (not including restrooms);

(o) Provisions for adequate ingress/egress and adequate parking including provisions for special traffic control measures, including the use of traffic enforcement officers, barricades, cones, signs, maps and any other traffic control devices of any type;

(p) Topographical and ecological considerations and consideration of alternative sites; and

(q) Water facilities.

(r) All fees.

If the city issues a food truck event permit, the contents of the permit application shall become permit conditions, which exist in addition to any other permit conditions and/or restrictions imposed by the city. Prior to issuance of the FTE permit the applicant shall demonstrate that bonding and insurance requirements have been met to the satisfaction of the director and chief of police.

(Ord. No. 1678, § 1, 8-13-13)

(a) Fees. All estimated total fees and charges shall be deposited by the applicant with the department at least 30 calendar days before the scheduled occurrence of the food truck event.

(b) Bonding and insurance. The applicant may be required to provide sufficient liability insurance naming the city as an additional named insured. The insurance shall be sufficient to protect, defend, and indemnify the city, its agents, employees, officers, servants, and volunteers from and against any claim, damage, injury, liability, and loss of any nature arising out of, or in any way connected to, the food truck event. The amount, quality, and type of the insurance shall be determined by the city manager, or designee. The city may require a bond to be posted before the food truck event to ensure that all conditions are met, including the cleanup and restoration of landscape.

(Ord. No. 1678, § 1, 8-13-13)

(a) An applicant may request law enforcement services to preserve the peace at a food truck event.

(b) The application shall be made to the police department and shall be in writing, stating the name and address of the applicant, the place where the food truck event is to be held and the estimated number of persons to be present.

(c) Upon receipt of the application, the chief of police shall determine whether law enforcement services are necessary to preserve the peace, and if the chief of police so determines, and if the services will not reduce the normal and regular on- going service that the city would otherwise provide, the chief of police shall contract with the applicant to provide the services at an amount to cover all related costs to the city.

(Ord. No. 1678, § 1, 8-13-13)

(a) Upon receipt of a completed food truck event (FTE) application, site plan, and all related application fees, the department shall consult with all applicable city departments, including but not limited to community services, public works, engineering, police, and code compliance.

(b) The food truck event shall comply with the California Environmental Quality Act (CEQA). A review will determine whether the categorical exemptions in Sections 15301 and 15304 of the CEQA Guidelines are applicable. If the food truck event has the potential to cause adverse environmental impacts, an environmental review of the proposed event shall be conducted in compliance with the City Code and CEQA, and an additional environmental review fee will be required.

(c) After an environmental determination has been made, or if one is not required, the director:

(1) May approve or deny the application.

(2) May elevate the application for a minor food truck event to an application for a major food truck event because of the scope or other circumstances of the event (if applicable).

(3) May refer the application directly to the planning commission for consideration and action. Such action may be taken by the planning commission without a public hearing.

(4) May require another form of appropriate land use authority and approval where due to the magnitude or longevity of the use the FTE permit is considered inadequate. Such other land use authority may be granted as part of a larger specific plan, an overlay or some other similar action by the city.

In the event of a denial under (c)(1) above, the director shall notify the applicant of the police department's determination if the police department has determined in compliance with section 15-934, below, that no permit should be issued or should only be issued upon compliance with certain requirements or conditions.

(Ord. No. 1678, § 1, 8-13-13)

(a) If the director refers an application to the police department, the chief of police or designee shall make a recommendation for the approval, disapproval, and/or necessary conditions for the approval of an application for a food truck event permit, based on the criteria in section 15-930 (Contents of application/permit conditions) above, and the following:

(1) Applicants' previous relevant experience and background;

(2) Control of alcoholic beverages and dangerous substances;

(3) Crowd control measures;

(4) Emergency evacuation procedures;

(5) News releases;

(6) Police protection; and

(7) Provisions for special access way(s) for emergency vehicles.

(b) If the chief of police determines, for any of the following reasons, that the event will endanger the public health, peace, safety, or welfare, no permit shall be issued. The grounds for disapproval by the chief of police are any one of the following:

(1) Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail;

(2) Another food truck event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the chief of police is unable to meet the needs for law enforcement services for both events;

(3) The route, size, or time of the food truck event will substantially interrupt the safe and orderly movement of traffic contiguous to the event route or site, or disrupt the use of a street at a time when it is usually subject to significant traffic congestion as determined by the chief of police;

(4) The concentration of animals, persons, and vehicles at the site of the food truck event, or the assembly and disbanding areas around the food truck event, will prevent proper ambulance, fire, law enforcement, or paramedic services to areas contiguous to the event;

(5) The size of the food truck event will require diversion of a significant number of law enforcement officers to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the city. Nothing within this section authorizes disapproval of a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of law enforcement officers available to police the event;

(6) The location of the food truck event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets, or a previously-granted encroachment permit; or

(7) The food truck event would occur at a time when a school is in session at a location or route adjacent to the school or one of its classes, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or one of its classes.

(c) When the grounds for disapproval of a permit specified in subdivisions (1) through (7) above can be corrected by altering the date, duration, location, route, or time of the food truck event, the chief of police may , instead of disapproving the application, conditionally recommend approval of the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only the modification of the applicant's proposed event as may be necessary to achieve compliance with subdivisions (1) through (7) above.

(d) If the chief of police determines that the food truck event will not endanger the public health, peace, safety, or welfare, the director shall be advised of the chief of police's determinations and recommendations. Additionally, where the chief of police has recommended conditions and/or modifications to the permit pursuant to subsection (c) above, such conditions and/or modifications shall be provided to the director for inclusion in the permit approval.

(e) If the chief of police determines that the food truck event will endanger the public health, peace, safety, or welfare, unless the applicant obtains extra police protection, the director shall be advised of the chief of police's requirements for extra police protection as a mandatory condition for the issuance of a permit.

(f) Where the chief of police specifies the employment of off-duty peace officers, and/or reserve peace officers, to meet the requirements of this article, the peace officers shall be under the complete direction of the chief of police. The chief of police shall require that the requisite number of peace officers be provided at all times of operation, plus any specified time before and following the food truck event, before the chief of police recommends approval of the permit.

(g) The employment of the specified number of law enforcement officers shall be at the expense of the applicant and shall be paid in full at least 30 calendar days in advance of the food truck event.

(h) The chief of police shall determine whether regular or reserve officers are to be utilized based on availability, the nature of the assignment, and the number of officers needed to ensure the safety and welfare of the public during the food truck event.

(Ord. No. 1678, § 1, 8-13-13)

The decision to approve, to approve upon the compliance with certain additional requirements or conditions, or to deny an application, shall be based on the criteria set forth in City Code sections 15-930, 15-933, and 15-934. The department shall render a decision no less than 21 calendar days from the event taking place.

(Ord. No. 1678, § 1, 8-13-13)

A food truck event permit shall expire in compliance with the terms of the permit. A food truck event permit shall not be transferable to any other date, organization, person, place, or time.

(Ord. No. 1678, § 1, 8-13-13)

Any person may file a complaint with the department or the police department regarding a food truck event or may petition for a suspension or revocation of any food truck event permit.

(Ord. No. 1678, § 1, 8-13-13)

(a) Grounds for suspension or revocation. The director and chief of police may suspend, and the director and/or the chief of police may revoke, any food truck event permit issued in compliance with this article based upon reasonable causes, which may include any one of the following:

(1) Nonpayment of required fees to the city;

(2) Violation of any permit condition;

(3) Violation of any law involving the operation of the food truck event;

(4) Any disorderly conduct or use of dangerous substances caused by the operation of the food truck event; or

(5) Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail.

(b) Suspension.

(1) The director and/or the chief of police may summarily suspend any food truck event permit if the director or chief of police finds or reasonably suspects that operation of the event may constitute an immediate public health or safety hazard.

(2) At the time of suspension, the director and/or chief of police shall issue a written notice to the permit holder stating the grounds for the suspension and notifying the permit holder of the right to a hearing on the suspension.

(3) If a written request for hearing is filed with the director within 15 calendar days after the receipt of the notice, the director shall provide a hearing within ten calendar days of receipt of the written request for a hearing.

(4) If the suspension notice is given on or within 25 calendar days of the start date of the food truck event, the director shall take reasonable steps to expedite the hearing process.

(5) The hearing may be continued from time to time.

(6) At the conclusion of the hearing, the director shall render a decision.

(7) The director may continue the suspension in effect until the director determines the grounds for suspension no longer exist. In making such a determination the director shall confer with the chief of police as appropriate.

(8) If an urgent situation is determined by the director to exist relative to the public health, safety, or welfare for a specific food truck event, an emergency suspension may be executed by the director to be effective immediately. In making such a determination the director shall confer with the chief of police as appropriate.

(c) Revocation.

(1) The director may commence revocation proceedings by mailing a notice not less than ten calendar days before the date set for hearing, informing the permit holder of the causes for revocation and the time and place at which the revocation matter will be heard.

(2) If the revocation notice is given on or within 25 calendar days of the start date of the event, the director shall take reasonable steps to expedite the hearing process.

(3) The hearing may be continued from time to time.

(4) A revocation hearing may be held concurrently with a suspension hearing.

(5) At the conclusion of the hearing, the director shall render a decision. In rendering such a decision the director shall confer with the chief of police as appropriate.

(6) If an urgent situation exists relative to the public health, safety, or welfare for a specific food truck event, an emergency revocation may be executed by the director and/or chief of police to be effective immediately.

(Ord. No. 1678, § 1, 8-13-13)

(a) Any person aggrieved by the action of the director and/or chief of police in approving or denying an application for issuance of a permit under this article, or by one or more conditions imposed on the permit approval pursuant to section 15-934(c) above, or in revoking or suspending or refusing to revoke or suspend any permit may, within ten calendar days after such action, appeal to the city manager by filing written notice with the director of community development on forms provided by the community development department.

(b) All appeals shall be in writing and shall contain the following information: (a) name(s) of the person filing the appeal (appellants); (b) a brief statement in ordinary and concise language of the grounds for the appeal; and (c) the signatures of all parties named as appellants and their mailing addresses.

(c) A uniform fee, as established by the city council, shall be paid to the city upon the filing of each appeal.

(d) Any appeal filed that fails to provide all of the information required by this section and the appropriate filing fee shall be deemed incomplete.

(e) After receiving a complete written appeal, the director shall schedule a hearing before the city manager. The city manager may then review the determination or decision of the director and/or chief of police in the matter appealed from and may approve, disapprove or modify such determination or decision. In the alternative, the city manager may refer the matter to a hearing officer. The city manager may decide the matter based on the recommendations and findings of the hearing officer, if he/she so chooses.

(f) The city manager's determination shall be the final administrative decision of the city.

(Ord. No. 1678, § 1, 8-13-13; Ord. No. 1757, § 8, 2-14-17)

(a) Each site occupied by a food truck event shall be cleaned of debris, litter, or other evidence of the event on completion of the event, and shall thereafter be used in compliance with the provisions of this Code.

(b) Performance security may be required before initiation of a food truck event to ensure cleanup after the activity is finished.

(1) Deposit of security.

(A) As a condition of approval of a food truck event permit, or upon a finding that the city's health, safety, and welfare warrant, the review authority may require the execution of a covenant to deposit security, and the deposit of security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the food truck event permit in the event that the obligor fails to perform.

(B) The applicant may elect to provide adequate security for the faithful performance of a condition(s) of approval imposed as part of the approval process if the director determines that the condition(s) may be implemented at a later specified date (e.g., inability to install required landscaping due to poor weather conditions).

(C) The security shall, as required by law or otherwise at the option of the city, be in the form of cash, a certified or cashier's check, letter of credit, a performance bond or other form of surety executed by the applicant and a corporate surety authorized to do business in California and approved by the city.

(D) The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the director and/or chief of police.

(E) Any security required in compliance with this section shall be payable to the city.

(2) Release of security. Upon satisfactory compliance with all applicable provisions of this section, the security deposit shall be released. Satisfactory compliance shall be determined by the director and/or chief of police.

(3) Failure to comply.

(A) Upon failure to perform any secured condition, the city may perform the condition, or cause it to be done, and may collect from the obligor, and surety in case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs.

(B) Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.

(C) To the extent that the director and/or chief of police can demonstrate that the obligor willfully breached an obligation in a manner that the obligor knew, or should have known, would create irreparable harm to the city, the entire amount of the bond or deposit may be withheld.

(D) The determination of the director and/or chief of police may be appealed to the city manager by the obligor by filing an appeal with the community development department within ten calendar days after the decision to withhold the bond, in compliance with section 15-939 (Appeals).

(Ord. No. 1678, § 1, 8-13-13)

It shall be unlawful for any person to do any of the activities described below, in conjunction with a food truck event.

(a) Advertise, conduct, or operate a food truck event without first possessing an unexpired, unsuspended, unrevoked food truck event permit for each event.

(b) Distribute, give, or sell admission passes or tickets to any food truck event without first possessing an unexpired, unsuspended, unrevoked food truck event permit for each event.

(c) Operate any food truck event in a manner that would create a public or private nuisance.

(d) Conduct, exhibit, or show within the place of the food truck event any activity that violates California State Law or any section of this Code.

(e) Knowingly allow any person on the site of the food truck event to cause or create a disturbance in, around, or near any place of the food truck event by offensive or disorderly conduct.

(f) Knowingly allow any person to consume, distribute, possess, or sell any alcoholic beverage on the site of the food truck event, except as expressly allowed as a condition of the permit and in compliance with the laws and regulations enforced by the State Department of Alcoholic Beverage Control.

(g) Knowingly allow any person to consume, distribute, possess, or sell any controlled drug or dangerous substance in, around, or near any place of the food truck event.

(h) Knowingly broadcast or play any live, recorded, or synthesized music after 10:00 p.m. or before 7:00 a.m. at the site of a food truck event, except as expressly authorized as a condition of a food truck event permit.

(Ord. No. 1678, § 1, 8-13-13)

All violations on any portion of this chapter are declared to be a public nuisance and may be abated by the city in such manner as provided by law. All violations of any portion of this chapter are declared to be a misdemeanor, pursuant to City Code section 1-7, and may be punished as provided therein. The remedies set forth in this article are non-exclusive and the city may seek any and all legal and equitable relief permitted by law in addition to those remedies set forth in this chapter.

(Ord. No. 1678, § 1, 8-13-13)