Fremont Municipal Code Art. I General

The purpose of this chapter is to protect the health, safety, and welfare of the city of Fremont and its residents. This chapter is not intended to prohibit or hamper speech which is protected by the First Amendment, but merely to regulate specific activities that are commercial in nature. (Ord. 06-2021 § 1, 6-15-21.)

“Catering” means activity providing food or drink at a private event and is characterized by one person paying the vendor for all services and items provided rather than multiple sales at the same location.

“Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter.

“Charitable organization” means any organization exempt from taxation as provided by 26 U.S.C. § 501 and meeting all the requirements for the exemptions provided by 26 U.S.C. § 503.

“Charitable purpose” means any charitable, benevolent, humane, philanthropic, patriotic, or eleemosynary purposes of lobbying to influence legislative action or lobbying to persuade public officials or the purposes of instigating, prosecuting, or intervening in litigation.

“Charitable solicitor or vendor” means any person representing or organization exempt from taxation as provided by 26 U.S.C. § 501 and meeting all the requirements for the exemptions provided by 26 U.S.C. § 503 that conducts any of the actions of a solicitor or vendor.

“Chief of police” means the chief of police or his or her designee.

“Civic organization” means any local service club, veterans’ post, fraternal society or association, volunteer fire and rescue groups, police association, or civic league or association of 10 or more persons not organized for profit but operated exclusively for educational or charitable purposes as defined herein, including the promotion of community welfare, and the net earnings of which are devoted exclusively to charitable, educational, recreational or social welfare purposes. Civic organizations include but are not limited to Elks, Kiwanis, Lions, Boy or Girl Scouts.

“Contribution” means any gift, bequest, devise or other grant of money, credit, financial assistance or property of any kind of value, including the promise to contribute, except payments by the members of an organization for membership fees, dues, fines, or assessments, and except payments by members of an organization for services rendered to such member, and except money, credit, financial assistance or property received from any governmental authority. The term “contribution” shall not include any donation of blood or any gift made pursuant to the Uniform Anatomical Gift Act.

“Director” means the director of finance or his or her designee.

“Employee” means any person who drives or rides on an ice cream vending vehicle or a mobile vending vehicle or who works for or under the direction of, or on behalf of, or as an agent of the operator.

“Fundraising expenses” means the expenses of all activities that constitute or are an integral and inseparable part of a solicitation.

“Group site” or “group site vending” means the stationary operation of two or more mobile vending vehicles clustered together on a single site and operating at the same time.

“Group site mobile vending vehicle” means a mobile vending vehicle that is included in a group site vending permit to operate at a group site.

“Group site organizer” means the individual or legal entity who is directly responsible for organizing and/or conducting the group site and/or the facility manger, and his or her respective designees.

“Group site vending permit” means a vending permit for a group site.

“Headquarters/headquartered” means the place or building serving as the managerial and administrative center of an organization.

“Ice cream vending vehicle” means any motor vehicle requiring a license from the California Department of Motor Vehicles which is used to engage in curbside vending or sale of prepackaged frozen dairy or water-based food products, desserts, confections, or soft-serve or hand-dipped frozen dairy or water-based products, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under 12 years of age.

“Membership” means those persons to whom, for payment of fees, dues, or assessments, an organization provides services and confers a bona fide right, privilege, professional standing, honor or other direct benefit, in addition to the right to vote, elect officers, or hold offices. The term “membership” shall not include those persons who are granted a membership upon making a contribution as the result of solicitation.

“Midblock crosswalk area” means the sidewalk area which falls between the two lines 15 feet beyond each side of a marked midblock crosswalk area (identified by the crosswalk lines delineated on the street pavement) and perpendicular to the curb.

“Mobile vending cart” means a movable push or other nonmotorized cart, wagon or other similar vehicle that is operated by a vendor standing on the sidewalk.

“Mobile vending trailer” means a mobile trailer operated by a vendor standing on or within the frame of the trailer and not using a motor to move the trailer.

“Mobile vending vehicle” means a motorized vehicle operated by a vendor standing on or within the frame of the vehicle or a trailer that is attached and moved by another motor vehicle, except ice cream vending vehicles.

“Operator” means person(s) designated or employed by the owner to be in charge of the mobile vending vehicle or ice cream vending vehicle during all times that the owner is not personally managing the business.

“Owner” means and includes any of the following persons:

(1) The sole proprietor of a sole proprietorship operating a mobile vending vehicle or ice cream vending vehicle.

(2) Any general partner of a general or limited partnership that owns a mobile vending vehicle or ice cream vending vehicle.

(3) Any person who has an ownership interest in a corporation that owns a mobile vending vehicle or ice cream vending vehicle.

(4) Any person who is a member of a limited liability company that owns a mobile vending vehicle or ice cream vending vehicle.

(5) All owners of any other type of business association that owns a mobile vending vehicle or ice cream vending vehicle.

“Parent organization” means that part of a charitable organization which coordinates, supervises or exercises control over policy, fundraising, and expenditures, or assists or advises one or more chapters, branches or affiliates.

“Permittee” means any person who obtains a permit pursuant to this chapter.

“Person” means a corporation, partnership, charitable organization, a parent organization, a civil organization, or an individual, including an employee or agent of a group of individuals, partnership, or corporation.

“Professional fundraising counsel” means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of, any charitable or civic organization, but who actually solicits no contributions as a part of such services. A bona fide salaried officer or employee of a registered parent organization shall not be deemed to be a professional fundraising counsel.

“Professional solicitor” means any person who, for financial or other consideration, solicits contributions for, or on behalf of, a charitable or civic organization whether such solicitation of contributions is performed personally or through his/her agents, servants, or employees, or through agents, servants or employees specially employed by, or for a charitable or civic organization who are engaged in the solicitation of contributions under the direction of such person, or any person who, for financial or other consideration, plans, conducts, manages, carries on, advises or acts as a consultant to a charitable or civic organization in connection with the solicitation of contributions but does not qualify as a professional fundraising counsel. A bona fide salaried officer or employee of a registered or exempt charitable organization or a bona fide salaried parent organization or an employee of a government agency shall not be deemed a professional solicitor.

“Sidewalk” means that portion of the public right-of-way which is between the curb lines or the lateral lines of a roadway and the adjacent property line intended for the use of pedestrians in public places of the city of Fremont.

“Sidewalk vending” means the peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value from a mobile vending cart by a vendor to persons on the public right-of-way including sidewalks.

“Site” means the specific public or private property location, including any public right-of-way, for which an applicant or responsible party has been issued a vending permit.

“Solicitor” means a person who is taking or attempting to take orders for the sale of food, beverages, goods, merchandise or services or donations of money, food, clothing, other property or a loan of money or property.

“Special event” means all events defined in Chapter 12.25.

“Stationary” means a mobile vending cart, trailer, vehicle, or vending activity which stays in the same location for more than five minutes in a two-hour period while vending.

“Street corner area” means the sidewalk area at the intersection of two streets, circumscribed by curbs, the property lines abutting the sidewalk area, and the line including the point along the curb of the street either 15 feet from the outside line of a corner crosswalk or, where there is no marked crosswalk, 25 feet from the curb line on the mid-point of the intersecting streets.

“Street vending” means the peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value from a mobile vending trailer or vehicle situated on the public rights-of-way between the curb lines by a vendor to persons on the sidewalk.

“Vendor” means any person, including an employee or agent of a group of individuals, partnership, or corporation, who sells or offers to take orders or sell food, beverages, goods, services, or merchandise. The word “vendor” shall include the words “hauler,” “huckster” and “peddler.” (Ord. 06-2021 § 1, 6-15-21.)

(a) It shall be unlawful for any person to sell, vend, or solicit or to employ another in such business within the city without first obtaining a vending permit issued by the director or chief of police in compliance with the provisions of this chapter. All vendors or solicitors must meet all applicable city, state, and federal law and licensing requirements to be issued and continually maintain a vending permit.

(b) It shall be unlawful for any charitable or civic organization, except as otherwise provided herein, to solicit contributions, have funds solicited on its behalf, to engage in such business or act within the meaning and application of this chapter within the city without first obtaining a charitable solicitation permit issued by the director or chief of police in compliance with the provisions of this chapter. (Ord. 06-2021 § 1, 6-15-21.)

The provisions of this chapter shall not apply to:

(a) Any sales under court order;

(b) Catering activity;

(c) Vendors or solicitors who exclusively sell to, or solicit orders for future delivery from, local retailers, local businesses, local governments, local schools, or local wholesale businesses;

(d) The city of Fremont employees conducting city business;

(e) The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper;

(f) Educational institutions that are accredited by the California Board of Education;

(g) A civic organization whose headquarters is located in the city;

(h) Any political group seeking funds or membership;

(i) Garage, yard, or similar sales by individuals at their residence or place of business not exceeding two separate sales in one calendar year, not to exceed three days each, which sales shall not include business inventory or items that have been purchased for the purpose of resale at another garage sale;

(j) Any activity conducted pursuant to a special events permit or a permitted farmers’ market;

(k) Organizations which solicit solely within the membership of the organization by the members thereof;

(l) All veterans qualifying under the California Business and Professions Code. (Ord. 06-2021 § 1, 6-15-21.)

(a) Unless renewed as described below, each permit issued pursuant to this chapter shall be valid for 12 months from the month of issuance, and expire and become null and void annually on the anniversary of its month of issuance.

(b) A permit issued pursuant to this chapter may be renewed by submitting an application on a form provided by the city 60 calendar days prior to the expiration of the active permit. All renewal applications shall be filed with the department of finance, revenue division or police department pursuant to procedures established in this chapter and/or in the administrative guidelines to this chapter. All permits that are renewed on an annual basis shall continue to be evaluated according to the standards that applied at the time of the initial permit issuance, including background check and vehicle inspection, if applicable. (Ord. 06-2021 § 1, 6-15-21.)

Any permit issued under this chapter cannot be transferred or conveyed from the permit applicant or otherwise assigned to another person or entity. No city action related to issuance and/or renewal of any permit under this chapter shall be interpreted to confer any form of permanent land use entitlement to the person, group, entity, or property associated with such permit. (Ord. 06-2021 § 1, 6-15-21.)

The requirements of this chapter shall be in addition to any business tax requirements imposed pursuant to Chapter 5.05. (Ord. 06-2021 § 1, 6-15-21.)

The city manager or his/her designee is hereby authorized to adopt rules and regulations consistent with this chapter as needed to implement this chapter, subject to the review and approval of the office of the city attorney, and to develop all related forms and/or other materials and take other steps as needed to implement this chapter, and make such interpretations of this chapter as he or she may consider necessary to achieve the purposes of this chapter. (Ord. 06-2021 § 1, 6-15-21.)

All permittees under this chapter are subject to the following restrictions:

(a) No permittee hereunder shall have any exclusive right to any location in a public street or sidewalk, nor shall he/she be permitted to operate in any congested area where his/her operations might impede or inconvenience the public. This permit does not preclude the issuance of a special events permit or other permits for events in public parks or the granting of permission to sell and/or operate on private property by its owners.

(b) Every permittee, at all times while engaged in vending or soliciting, shall have in his/her immediate possession the permit issued under the provisions of this chapter and when so vending or soliciting shall display the same upon demand of any law enforcement officer and upon demand of any person to whom the vendor or solicitor is vending or soliciting. Every vehicle used for vending or soliciting shall display the permit issued pursuant to this article in a conspicuous place on said vehicle.

(c) All mobile vending carts, trailers, and vehicles, and any other items associated with vending activity must be removed from public property during nonvending hours.

(d) No stationary vendor, mobile vending cart, trailer, or vehicle or other stationary vending activity shall be located:

(1) In any residential district;

(2) Within 500 feet of any public or private K-12 school;

(3) Where clear pedestrian passage on the public sidewalk is less than four feet wide;

(4) Within 15 feet of any fire hydrant or bus stop;

(5) On the portion of a public sidewalk crossed by a public or private driveway or within 10 feet of either side of the driveway;

(6) Within any street corner area or midblock crosswalk area;

(7) In such a way that would restrict the ingress to or egress from the adjoining property;

(8) In a manner in which the movement or visibility of vehicles using the street or other public right-of-way is obstructed;

(9) Within 500 feet of a freeway entrance or exit; or

(10) Within 200 feet of a permanent food facility during that facility’s operating hours, if the permittee is selling food items.

(e) Unless otherwise provided in this chapter, mobile vending carts, trailers, or vehicles shall not be placed within 50 feet of another mobile vending cart, trailer, or vehicle.

(f) Mobile vending carts, trailers, or vehicles shall not be locked or chained to a parking meter, tree, street light or other street furniture.

(g) Mobile vending carts, trailers, and vehicles shall not be left unattended on city streets or sidewalks for more than 15 consecutive minutes.

(h) Unless otherwise provided in this chapter, utility service connections are not permitted. Electrical power supply lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. City street light facilities shall not be used in any way to supply electrical service to a vending site, unless otherwise provided in this chapter.

(i) Vendors, solicitors, and temporary merchants shall keep the area of operation free of debris. Permittees selling food or beverages must provide trash receptacles and waste removal adjacent to or as a part of their operations. All spilled food, beverages, grease, or other trash or debris accumulating within 20 feet of any mobile vending cart, trailer or vehicle shall be cleaned and collected by the permittee and deposited in the permittee’s trash receptacle. The permittee is prohibited from depositing its waste, ice, and any grey or waste water into sidewalk waste receptacles, privately owned dumpsters, city planters, gutters or the street drainage system.

(j) Mobile vending carts, trailers, or vehicles shall be maintained in such a manner that prevents the spilling or splattering of grease, water, food, or trash on any public right-of-way where the cart, trailer, or vehicle is located. The permittee or permittee’s employees shall be responsible for the cleaning and repair of any public right-of-way soiled, stained, or damaged by the placement and operation of their mobile vending operations. (Ord. 06-2021 § 1, 6-15-21.)

If applicable, all permittees shall obtain a health permit from the Alameda County department of environmental health (ACEH). The ACEH permit shall be displayed conspicuously at all times on the permittee’s mobile vending cart, trailer, or vehicle or person. Evidence of such health permit shall be made available to the city as part of the permit application or renewal process. (Ord. 06-2021 § 1, 6-15-21.)

(a) Mobile vending carts, trailers, and vehicles must be designed and built meeting normal industry standards and used in a safe manner.

(b) A mobile vending cart frame must not exceed five feet wide by six feet long by seven feet high, and must be able to be pushed or pulled by one person. The mobile vending cart must have a minimum of two functional rubber-tired wheels. The braking mechanism on the mobile vending cart shall be affixed in such a manner that it is not readily removable in order to secure the cart when parked on the sidewalk. The use of ropes and chocks as the sole braking mechanism is prohibited.

(c) Generators or BBQ grills on mobile vending carts are prohibited.

(d) Vehicle or trailer-mounted generators must be powered by propane only. No mobile vending vehicle or trailer shall carry more than two five-gallon containers of propane on a public right-of-way. Generators and propane shall not be placed on the ground.

(e) Mobile vending vehicles and trailers using a BBQ grill must enclose the grill and permanently build the grill into the structure of the vendor trailer or vehicle, and comply with all California Vehicle Code requirements.

(f) A current 2A:20BC fire extinguisher shall be readily available on all mobile vending carts, trailers or vehicles. A five-pound “K” class hand-held fire extinguisher is required if a solid fuel or deep fat frying appliance is used.

Trailers or vehicles with fixed extinguishing systems shall maintain such systems in accordance with the California Mechanical and Fire Codes. Records of inspections shall be available on the vehicle and current service tags shall be present on the equipment.

(g) Support equipment and accessories, other than the generator and the propane tanks, must not extend more than four feet from the edge of the cart, trailer, or vehicle in any direction and shall not be placed so as to impede vehicle or pedestrian traffic. Umbrellas, canopies, or other covers used on mobile vending carts, trailers, or vehicles must be securely fastened. Its open diameter may not exceed nine feet with a minimum vertical clearance of seven feet, eight inches and must not extend more than four feet from the edge of the cart, trailer, or vehicle in any direction.

(h) Unsecured menu boards or sidewalk signs are prohibited.

(i) Mobile vending carts, trailers, and vehicles shall have a clean appearance at all times. (Ord. 06-2021 § 1, 6-15-21.)

Permittees shall not be located within the immediate vicinity of a permitted certified farmers’ market, permitted swap meet, or special event during the operating hours of that event. (Ord. 06-2021 § 1, 6-15-21.)