Fremont Municipal Code Art. III Motorized Vendors and Solicitors

(a) Any owner who will use a motorized vehicle to sell or solicit must apply for a vending permit under this chapter with the finance department, revenue division, using a written application form to be furnished by the city, which shall set forth the following information:

(1) Name, birth date, and driver’s license of the owner and operator of the mobile vending vehicle;

(2) Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the owner and operator of the mobile vending vehicle;

(3) A brief description of the nature of the owner’s business and of the food, goods, wares, merchandise, publications, or other personal property or services that are the subject of the application;

(4) If the owner will employ other individuals to work on the mobile vending vehicle, the name and address of the owner’s employees and the exact relationship between the applicant and the other individuals. If the employees change, the owner must notify the director within five business days;

(5) The intended location, days and hours of the vending or soliciting activities and if the location is on private property written consent in a form approved by the city from the property owner, if different from the owner, authorizing the vending facility or group site to locate on the property; or, if owned by the applicant, proof of ownership;

(6) Number of motorized vehicles intended to be used for vending or soliciting, along with a copy of the current registration of each vehicle;

(7) Whether the applicant intends to operate an open-air barbecue at such locations;

(8) Location of the restroom facility required by this article and if the restroom facility required by this article is on private property, a copy of an enforceable contact between the private property owner and the owner allowing the owner and the employees to utilize such facilities on the day(s) and hours of operation;

(9) Location of any utility hook-ups or connections to be used by the mobile vending vehicle;

(10) A statement as to whether or not the owner or operator has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud, misrepresentation, sex crime, or moral turpitude within 10 years preceding the application date or a lifetime registration requirement;

(11) A statement whether or not the owner or operator has failed to pay any judgment arising from or connected with the activities to be authorized by the permit;

(12) A statement whether or not the owner or operator has suffered revocation of any required permit;

(13) Agreement by the owner to indemnify and hold harmless the city, its officers, employees, and elected officials from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the owner’s vending location;

(14) If the owner or an employee working on behalf of the owner is a minor under the age of 16 years old and employed, transported or supervised by another, the owner must provide proof of registration with the State Labor Commission, pursuant to the California Code of Regulations Title 8, Section 13670 et seq., including amendments thereto;

(15) If the application involves the sale of food, produce, or any other item intended for human consumption, the owner must provide valid health or other permit(s), issued by the appropriate agency, as required by applicable local, state or federal law;

(16) Proof of compliance with Chapter 5.05;

(17) Evidence of general liability and automobile insurance in a form and at levels of coverage acceptable to the city;

(18) Such other information as may be reasonably required by the director in order for him or her to determine the kind and character of the proposed vending or solicitation and whether such vending or solicitation is in the interest of, and not inimical to, the public welfare.

(b) All applications shall be submitted with payment of a nonrefundable fee established by resolution of the city council. Any application submitted without the application fee shall be deemed incomplete. (Ord. 06-2021 § 1, 6-15-21.)

A person may apply for a group site vending permit on behalf of the participating owners of mobile vending vehicles so that a group site vending permit authorizes two or more mobile vending vehicles to operate at the same time at the same location without requiring a vending permit for each mobile vending vehicle. The application for a group site vending permit shall include the items in Section 5.35.160, and the following additional information:

(a) Legal and business name, employee names, and mailing address for each vendor that will sell or solicit at the group site. If the vendors selling or soliciting at the group site change from those listed on the application, the permittee shall notify the city of any vendor or solicitor changes one week prior to the vendor or solicitor selling or soliciting at the group site.

(b) Designation of a manager(s) to be responsible for the day-to-day site management of the group site.

(c) A map or illustration, showing:

(1) The proposed location(s);

(2) The address and Assessor’s Parcel Number of the location(s) for the group site or nearest parcel, and/or specific section of the public right-of-way in a designated parking space;

(3) The two nearest street intersections.

(d) A site plan for each proposed location, containing:

(1) If on a parcel, the location and dimensions of all proposed mobile vending vehicle(s), any public seating or other site amenities (including chairs and tables), buildings or other structures on site, paved areas, driveways, trash and recycling receptacles, garages, restroom facilities, utility hook-ups or connections, parking spaces, maneuvering aisles, and pavement striping;

(2) If in the public right-of-way, location and dimensions of the proposed mobile vending vehicle(s), sidewalks, curb cuts, trash and recycling receptacles, and obstructions such as parking meters, telecommunication boxes, street trees, and light poles.

(e) The proposed schedule for the individual mobile vending vehicle or group site, including dates, and starting and ending times of the vending period;

(f) Maintenance plan, including litter pickup and cleaning in the vicinity of the individual mobile vending vehicle or group site;

(g) The address where the mobile vending vehicle(s) will be stored and serviced during nonoperating hours. (Ord. 06-2021 § 1, 6-15-21.)

(a) Application for Background Check. Each owner and operator of a mobile vending vehicle or the group site organizer and manager(s) designated in the application for a vending permit under this article shall submit a Livescan fingerprint certificate and application fee in the amount established by resolution of the city council.

(b) Background Clearance. The city may issue a background clearance if:

(1) The owner’s or operator’s information is complete;

(2) The owner or operator has not made a material false statement;

(3) The owner or operator has not committed a violation of any law related to theft, possession of stolen property, the sale of narcotics, sex crimes, or a crime involving moral turpitude;

(4) The background check does not reveal any information or findings relevant to vending or soliciting that indicate unsuitability due to public safety interests or concerns. (Ord. 06-2021 § 1, 6-15-21.)

(a) All mobile vending vehicles and group sites shall clearly display a current city business tax certificate, Alameda County environmental health permit (and decal), if applicable, and vending permit in plain view and at all times on the exterior of the mobile vending vehicle or at the group site.

(b) Utilities. Individual vending facilities and group sites shall either be entirely self-sufficient in regards to gas, electricity, water, and telecommunications, or the mobile vending vehicle shall be required to apply for appropriate building permits for any utility hook-ups or connections to on-site utilities to ensure building and public safety and consistency with applicable building codes.

(c) Refuse, Trash and Litter Maintenance.

(1) The mobile vending vehicle owner or operator or group site organizer shall not throw, deposit, discharge, leave, or permit to be thrown, deposited, discharged, or left, any fat, oil, grease, refuse, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, gutter, storm drain, inlet, catch basin, conduit or other drainage structure, or upon any public or private lot of land in the city, so that the same might be or become a pollutant.

(2) A minimum of three adequately sized receptacles, one for trash, one for recycling, and one for compostable materials, shall be within 15 feet of each individual mobile vending vehicle for customers and employees.

(3) Individual mobile vending vehicle and group site organizers shall maintain the subject site and adjacent public right-of-way free of litter on and within 50 feet of the mobile vending vehicle or group site.

(4) At a minimum, all refuse shall be removed from the individual mobile vending vehicle location or group site, and properly disposed of after each vending period.

(5) Failure to adequately clean up after a vending operation date shall be grounds for denying an applicant’s request for permit renewal as set forth in Section 5.35.050.

(d) Seating, Chairs and Tables. Depending on site size, configuration and location, a plan for site amenities, including but not limited to tables and chairs, restroom facilities, and/or temporary shade structures, may be permitted in conjunction with the operation of a vending site. A site plan depicting the proposed location of any site amenities shall be submitted for review and approval in conjunction with a vending permit application.

(e) Performance Standards.

(1) An owner of a mobile vending vehicle must designate or employ an operator to be in charge of the mobile vending vehicle at all times when the owner is not personally conducting business at the mobile vending vehicle.

(2) Noise and odors from a mobile vending vehicle shall be contained within the immediate area of the permitted vending location.

(3) The owner or operator or group site organizer shall maintain site circulation for pedestrians and access consistent with the Americans with Disabilities Act.

(4) Mobile vending vehicles, including group sites, that vend in one location for more than an hour shall provide access to accessible restroom facilities for their customers.

(f) Security.

(1) The site shall be maintained in a safe and clean manner at all times.

(2) A mobile vending vehicle and group sites shall have adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.

(3) If vending alcohol, security may be required by the director or chief of police.

(g) Other Requirements.

(1) A mobile vending vehicle shall be maintained in good, proper, and legal operating condition at all times, and shall be movable at all times.

(2) All mobile vending vehicles must be removed from their operating site every night. No mobile vending vehicle shall become a permanent fixture on the site and shall not be considered an improvement to real property.

(3) If applicable, the vendor shall maintain a valid Alameda County environmental health (ACEH) permit at all times. If the ACEH permit expires, or is suspended or revoked, then all food sales shall cease until the permit is reinstated.

(4) The organizer of a group site or their manager shall be personally present at all times during group site operations.

(5) The owner or the operator of a mobile vending vehicle shall be personally present at all times during vending.

(6) Proof of liability insurance in the amount required by the city shall be maintained by the individual food vendor or group site organizer.

(7) The posting of the vending permit at the group site is required at all times.

(8) A mobile vending vehicle owner or operator or group site organizer or manager shall have a working telephone where he/she can be reached directly at all times during vending and that telephone number shall be listed on the application. Any change in that telephone number shall be provided to the director before vending operations commence.

(9) The vending site shall be paved.

(10) Only persons including the owner, operator, employee, or volunteer listed in the application shall work on the mobile vending vehicle. (Ord. 06-2021 § 1, 6-15-21.)

In addition to the restrictions and qualifications contained in this chapter, mobile vending vehicles vending on a public street must at all times be parked in a legal manner. Vending operations shall be conducted only to pedestrians on sidewalks. No service to the public shall be made from the street side of the vehicle(s). No vending may occur when the mobile vending vehicle is parked in a diagonal parking spot. (Ord. 06-2021 § 1, 6-15-21.)

The regular permitted hours of operation for all individual mobile vending vehicles and group sites are 5:00 a.m. to 3:00 a.m. (Ord. 06-2021 § 1, 6-15-21.)