Fresno Municipal Code Art. 11 Mobile Vendor Ordinance

Editor's note— Ord. 2015-39, § 7, effective January 9, 2016, amended the Code by repealing § 9-1101 in its entirety. Former § 9-1101 was the title section of article 11, and derived from Ord. 2003-67, effective August 31, 2003.

"Mobile Vendor" shall mean any person that sells, or causes or allows another, whether as an employee or as an independent contractor leasing or renting equipment, to sell any food, drinks, or merchandise by means of a vehicle subject to licensing by the DMV, such as a trailer or food truck. Where one person employs another person to sell food, drinks or merchandise or one person leases or rents equipment or a vehicle to another person to allow them to sell food, drinks or merchandise, both individuals shall be considered Mobile Vendors. Mobile Vendor shall not mean any person operating under a concession agreement or other agreement with the city as a party to the agreement.

(Added Ord. 2003-67, § 29, eff. 8-31-03; Am. Ord. 2015-39, § 7, eff. 1-9-16; Am. Ord. 2018-24, § 1, eff. 6-11-18).

No person shall operate as a mobile vendor in the city without holding a valid and subsisting mobile vendor permit and without complying with all provisions of this article and chapter and the Code, including obtaining any and/or all necessary business license(s) under Chapter 5. No person shall hire or allow others to use his or her equipment or vehicles, or products, for mobile vending in the city, unless that other person, whether as an employee, licensee, or independent contractor, holds a valid and subsisting mobile vendor permit and complies with all provisions of this article and chapter and the Code.

(Added Ord. 2003-67, § 29, eff. 8-31-03).

Any person that wishes to operate as a mobile vendor within the city shall obtain a mobile vendor permit issued by the City Manager or his or her designee, comply with the provisions of Section 15-2741 of this code, sign an indemnification and hold harmless agreement as approved by the City's Risk Manager and City Attorney, and pay the mobile vendor permit fee established in the Master Fee Schedule. No mobile vendor that intends to sell food or beverages in the city may be issued a mobile vendor permit without showing proof of obtaining all necessary County Health permits or certificates.

(Added Ord. 2003-67, § 29, eff. 8-31-03; Am. Ord. 2018-24, § 1, eff. 6-11-18).

Upon providing a complete application which includes proof of zone clearance, County Health permit or certificate, signed indemnification and hold harmless agreement, and payment of business license tax, the City Manager, or his or her designee, shall issue a permit to the applicant or provide a written statement of denial, within five business days. Applications shall be processed in order of receipt. A decision to deny a permit shall be issued in writing with the basis for the denial. An applicant may appeal the decision to deny him or her a permit to the City Hearing Officer under Chapter 1, Article 4. If no appeal is filed in a timely manner, the decision of the City Manager shall be final.

(Added Ord. 2003-67, § 29, eff. 8-31-03; Am. Ord. 2018-24, § 1, eff. 6-11-18).

The City Manager may make rules and regulations which are not inconsistent with the provisions of this article and which may be necessary or desirable to aid in the administration or enforcement of the provisions of this article, including all necessary policies and procedures for the issuance of the mobile vendor permits, collection of the mobile vendor permit fees, or proof(s) of insurance.

(Added Ord. 2003-67, § 29, eff. 8-31-03; Am. Ord. 2018-24, § 1, eff. 6-11-18).

See Chapter 15-2741 for requirements.

(Added Ord. 2003-67, § 29, eff. 8-31-03; Am. Ord. 2007-95, § 1, eff. 1-20-08; Am. Ord. 2015-39, § 7, eff. 1-9-16; Am. Ord. 2018-24, § 1, eff. 6-11-18).

For purpose of this article, the term "ice cream truck" means a motor vehicle engaged in the curbside vending or sale of prepackaged frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under twelve years of age. In addition to the other rules and conditions set forth in this Article, applications for a mobile vendor permit for an ice cream truck shall be subject to the following:

(a) Compliance with Vehicle Code Section 22456.

(b) Completion of an application for a background check, including but not limited to, a criminal background check, including submission of fingerprints for a state and federal criminal background check. A permit shall not be issued if the City Manager, or his or her designee, finds that an applicant has been convicted of or pleaded nolo contendere or guilty within five years prior to the application to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime.

(Added Ord. 2018-24, § 2, eff. 6-11-18).

Editor's note— Ord. 2018-24, § 2, effective June 11, 2018, amended the Code by repealing former § 9-1108 and adding a new § 9-1108. Former § 9-1108 pertained to vehicle impoundment, and derived from Ord. 2003-67, effective August 31, 2003.

(a) The city may issue an administrative citation for any violation of this article pursuant to Section 1-308 of this code. The penalty for violation shall be set forth in the Master Fee Schedule.

(b) In addition, the City Attorney may institute a civil action to ensure compliance with this article, including an action for injunctive relief and/or to recover damages and attorney's fees incurred as a result of any violation.

(Added Ord. 2018-24, § 2, eff. 6-11-18).

Editor's note— Ord. 2018-24, § 3, effective June 11, 2018, amended the Code by repealing former § 9-1109 and adding a new § 9-1109. Former § 9-1109 pertained to impound procedures, and derived from Ord. 2003-67, effective August 31, 2003.

Editor's note— Ord. 2018-24, § 4, effective June 11, 2018, amended the Code by repealing former § 9-1110. Former § 9-1110 pertained to disposition of vehicles, and derived from Ord. 2003-67, effective August 31, 2003.