Hemet Municipal Code Art. XVII Food Truck Operators

(a) The city council hereby finds that, to promote the health, safety and welfare, restrictions on food truck activity are necessary in part to:

(1) Ensure no interference with the performance of public safety officers including, police, firefighter, lifeguard, security and emergency medical personnel services.

(2) Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

(3) Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.

(4) Provide reasonable access for food truck activities in portions of the city while preserving the use and maintenance of public rights-of-way, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

(5) Reduce exposure to the city for personal injury or property damage claims and litigation.

(6) Ensure the safe sale of food and merchandise in the public right-of-way by providing the public a simple way to ensure food truck operators prepare food safely and according to Riverside Department of Public Health requirements.

(7) Prevent unsanitary conditions and ensure trash and debris in the areas vending is taking place are removed by food truck operators.

(8) Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on sidewalks and other public-rights-of-way are protected while accommodating food truck equipment.

(9) Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

(10) Ensure reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

(11) Mitigate the impacts of food truck activity and protect the unique characteristics of the city.

(b) The city council hereby finds that the unique characteristics of the city require certain restrictions on food truck activities as follows:

(1) The city council finds that food truck operators in the city seek and do draw patrons to their food and merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in city parks and in residential areas. Food truck operators can also impact access to and egress from businesses. This chapter imposes reasonable time, place, and manner restrictions on food truck operators to the extent necessary to ensure the safety of food truck operators, their patrons, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the city;

(2) The city's parks provide passive and active recreational opportunities; restrictions on food truck activity are necessary to protect the health, safety and welfare of those persons engaged in, and the spectators of, active sports activities, the recreational opportunities, as well as protect the scenic and natural character of these parks;

(3) The city seeks to preserve the peace and quiet of the residential zones of the city, by prohibiting commercial activities such as food truck activity;

(4) Many of the sidewalks and pathways in the city are less than six feet wide, and have a high volume of pedestrians traveling in each direction. Food truck activity in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this article. Words and phrases not defined by this article have the meaning set forth elsewhere in this Code, the California Business and Professions Code, California Vehicle Code, or California Government Code. If a term or phrase is not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to be correct. For purposes of this article, the following definitions shall apply:

Building means a structure of a permanent nature located or constructed on a parcel of land, and shall include but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse and similar buildings.

Business license" means a City of Hemet business license

Certified farmers' market means a location operated in accordance with Food and Agricultural Code Chapter 10.5 (commencing with § 47000) of Division 17 and any regulations adopted pursuant to that chapter.

City means the City of Hemet.

City council means the City Council of the City of Hemet.

Employ means retain, hire or engage.

Fire station means any facility where fire engines and other equipment of the Riverside County Department are housed within the city.

Food means any item provided in Health and Safety Code § 113781, or any successor section.

Food truck or truck means any vehicle or trailer, as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of produce and/or prepared, pre-packaged or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley or highway or private street or alley within the city. The inventory of these vehicles is not necessarily limited to edible items and may include nonfood sundries.

Food truck activities or Food truck activity means actions that qualify a person as a mobile food truck operator or actions done in anticipation of becoming a food truck operator such as, but not limited to, placement, or maintenance of any food truck.

Food truck operator or operator means any entity and all person(s) that:

(1) Owns, controls, manages, and/or leases a food truck; and/or

(2) Contracts with any person(s) to drive, operate, prepare food in, and/or vend from, a food truck; and/or

(3) Drive, operate, vend and/or prepare food in or from a food truck.

Immediate vicinity means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks.

Park means a public park owned or operated by the city.

Parkway(s) means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and/or maintaining street trees.

Pathway means a paved path or walkway owned by the city or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.

Public property means any real property owned, leased, operated, or controlled by the City of Hemet other than a street alley, parkway, sidewalk or other area dedicated, identified or used as a public right-of-way.

Public right-of-way means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the city or other public entity, or subject to an easement owned by or dedicated or granted to city. For purposes of this article, public right-of-way does not include parking lots owned, operated and/or controlled by the city or other public entity.

Residential means any area zoned or used exclusively as residential in the city.

Sidewalk means any portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the city or other public entity, excluding any parkway.

Special event" means a city-sponsored or city-permitted event including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events.

Swap meet means a location operated in accordance with Business and Professions Code Article 6 (commencing with § 21660) of Chapter 9 of Division 8, and any regulations adopted pursuant to that chapter, or any successor chapter.

Vend or vending shall mean any act of soliciting, displaying, offering for sale for monetary consideration, or sale, of any goods or merchandise to the public; offering produce, prepared food, prepackaged food or nonfood sundries of any kind for sale from a food truck on a public right-of-way and/or private property and includes the movement or parking of a food truck for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared food, prepackaged food or nonfood sundries.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)

(a) No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a food truck in the city without a food truck permit. It is unlawful for any person to operate a food truck or allow food truck activities in the city without having a current and valid food truck permit obtained from the city. A copy of the food truck permit shall be displayed in conspicuous view on each food truck at all times business is conducted.

(b) Every food truck shall have the name, address, and telephone number of the holder of the food truck permit permanently affixed on both the left and right sides of the food truck. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed.

(c) A written application for a food truck permit shall be filed with the city manager, or the city manager's designee, on a form provided by the city and shall contain the following information:

(1) The name, address, and telephone number of the person applying to become a food truck operator;

(2) If the operator is an agent of an individual, company, partnership, or corporation, the name and business address, phone number, and email address of the principal of such entity; and

(3) The name, address, and telephone number of the operator who will be in charge of any food truck activity and/or be responsible for the person(s) working at any food truck;

(4) The name, address, and telephone number of all persons that will be employed as food truck operators;

(5) The number of trucks the food truck operator will operate within the city under the food truck permit;

(6) The location(s) in the city where the food truck operator intends to operate;

(7) The day(s) and hours of operation the food truck operator intends to operate at such location(s);

(8) Copies of valid driver's licenses for all individuals who will be driving the food truck(s);

(9) A description of the type of food(s) to be sold from a food truck, whether such food(s) is prepared on site, whether such food will require a heating element inside or on the food truck for food preparation, and the type of heating element if any;

(10) A copy of the county health permit for each food truck;

(11) The address of the approved commissary where the food truck is stored overnight, and a copy of the lease or other documentation establishing storage at the commissary is authorized;

(12) Proof that the food truck operator possesses a valid California Department of Tax and Fee Administration seller's permit which notes the city as a location or sublocation, which shall be maintained for the duration of the operator's food truck permit;

(13) An acknowledgement that the food truck operator will obtain and maintain throughout the duration of any permit issued under this article public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than $1,000,000.00;

(14) An acknowledgement that use of public property is at the food truck operator's own risk, and the city does not take any steps to ensure public property is safe or conducive to the food truck activities;

(15) An acknowledgment that the food truck operator will comply with all other applicable local, state, and federal laws;

(16) A certification that under penalty of perjury, to the applicant's knowledge and belief, the information contained within the application is true and correct;

(17) A list of all other cities or other jurisdictions in which the food truck operator has operated a food truck within the past 12 months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past 12 months; and

(18) Any other relevant information required by the city manager, or the city manager's designee.

(d) Such application shall be accompanied by the nonrefundable food truck permit application fee as established by resolution of the city council.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)

(a) Within 60 calendar days of receiving a complete application, the city manager, or the city manager's designee may issue a food truck permit to a food truck operator if he or she finds, based on all of the relevant information, that:

(1) The conduct of such food truck activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare or encourage loitering;

(2) The conduct of such food truck activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the food truck operator;

(3) The conduct of such food truck activity will not constitute a fire hazard;

(4) The conduct of such food truck activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the city;

(5) The food truck operator has paid any/all administrative fines associated with a previous violation of this article;

(6) The food truck operator has not had a previous permit or license for food truck activity revoked by the city within the past five years;

(7) The application for a food truck operator contains all required information and the food truck operator has not made a materially false, misleading or fraudulent statement of fact to the city in the application process;

(8) The food truck operator has satisfied all the requirement of this article;

(9) The food truck operator has paid the food truck permit fee;

(10) The food truck operator's truck and proposed activities conform to the requirements of this article;

(11) The food truck operator has provided adequate insurance to protect the city from liability associated with sidewalk vendor activities, as determined by the city manager or the city manager's designee;

(12) The food truck operator has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last five years; and

(13) The food truck operator has not been subject to an injunction for nuisance, as defined by state or local laws, within the last five years.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)

It is unlawful for any person to operate a food truck in the city without a current and valid permit, certificate, or other authorization as required by the county of Riverside Department of Environmental Health. A copy of said health permit shall be kept in the food truck at all times and displayed in conspicuous view upon each food truck.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)

All food truck permits for food truck operators issued under this article shall expire within a year from the date of issuance, unless earlier revoked in accordance with the provisions of this article. The procedures for business license renewal as set forth in article I of this chapter are applicable to licenses for food truck operators.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)

Food truck permits for food truck operators are non-transferable. Any change in ownership or operation of a food truck requires a new business license as set forth in this article.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)

No person shall conduct food truck activities within the city without first obtaining a food truck permit issued pursuant to the requirements set forth in this article VI from the city, except under the following conditions:

(a) A general business license issued pursuant to the requirements set forth in article I of this chapter shall be required when the food truck activity is associated with the operation of a city-permitted special event, subject to the conditions thereof.

(b) A general business license issued pursuant to the requirements set forth in article I of this chapter shall be required when the food truck activity is limited to a single truck on private property with the written authorization of the property owner or lawful lessee/tenant, operating solely for private purposes and when all of the following provisions are met:

(1) The truck is parked entirely on paved portions of private property.

(2) Service is limited to the guests of the property owner or lawful lessee/tenant only.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)

All operators shall comply with the following regulations:

(a) The food truck shall be in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked from time to time, including the maximum allowed parking time limit for the parking space(s) occupied.

(b) No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food truck. No food truck that is stopped, parked or standing on any public right-of-way shall display flashing neon or electronic display signs or visual displays that are intended to, or do in fact, distract drivers and draw attention to the food truck.

(c) No food truck operator shall operate any sound amplification systems or other sound making devices or music systems to advertise, draw attention to, or announce the presence of any such vehicle while such vehicle is moving, stopped, standing, or parked upon any public right-of-way or private street.

(d) No food truck shall operate before 7:00 a.m. or after 10:00 p.m., including set-up and cleanup, except for private catering functions on private property or special events.

(e) Food trucks may only operate on a public right-of-way while parked in a legal parking space.

(f) Food trucks may only operate on private property with the written authorization of the property owner or lawful lessee/tenant, and all food truck activity must be conducted entirely on paved portions of the premises.

(g) No food truck may operate on the same block for longer than four hours. The four hour time period is cumulative for all time that the food truck is operating on the same block in each 24-hour period, and does not start over by moving the food truck to another parking space on the same block or closing the sales window between sales. The four-hour limit does not include set-up or clean-up time, provided that the food truck is not vending or not ready to serve customers during set-up or clean-up.

(h) No operator shall operate within one block of a school, park, community center or public playground facility; provided, however, that operation at or near a city park is permissible when it has been approved by the city in conjunction with a special event.

(i) No operator shall permit the food truck to vend within 100 feet of a marked or unmarked crosswalk.

(j) Food trucks shall be parked directly adjacent to a paved sidewalk, free and clear for pedestrian passage. Food service shall be limited solely to that side of the food truck facing the adjacent sidewalk. No food truck may dispense food street side. Under no circumstances may vending occur from the left side of a food truck. Notwithstanding the above provisions, no person shall vend to any customer whose location creates a traffic hazard.

(k) No food truck shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon any private street or public right-of-way. Vending shall only be permitted where the food truck has been brought to a complete stop and parked adjacent to the curb in a lawful manner.

(l) All food trucks shall be equipped with conspicuous refuse containers clearly marked with a sign requesting their use by patrons. The refuse containers must be large enough to contain all trash and refuse generated by the operation of the food truck. The operator of the food truck shall pick up all trash and refuse generated by the operator's vending during the time the food truck is stopped, that is within no less than a 100-foot radius of the food truck vehicle, before such food truck is moved. The food truck shall take all bags with them when vacating an area. Trash is to include all materials originally dispensed from the food truck as well as any other items left by patrons, such as cigarette butts.

(m) Restocking of a food truck is prohibited while the food truck is on any private street or alley or public right-of-way.

(n) No food truck shall attach to or receive any electrical power or other utilities from any public or private property while the food truck is located on any private street or alley or public right-of-way.

(o) Vending is prohibited from a food truck that is parked, stopped, or standing on any public right-of-way where the posted speed limit on the public street, alley, or highway is 40 miles per hour or greater.

(p) No food truck shall operate in such a way so as to cause an unacceptable reduction in sight distance for any cross street, crosswalk, driveway or any other similar location where traffic, be it vehicular, pedestrian or bicycle, can be expected to enter the roadway.

(q) No operator of a food truck shall permit objects, including but not limited to tables, chairs, or other furniture, trash receptacles, generators or equipment, to be placed into that portion of the street, alley or highway which is open to vehicular traffic, nor shall any object, including but not limited to tables, chairs, other furniture, trash receptacles, generators or equipment, be placed within or upon the parkway or sidewalk.

(r) The food truck operations shall not obstruct pedestrian or vehicular traffic.

(s) The food truck shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for required refuse and recycling receptacles, provided they maintain a clear four-foot pedestrian walkway.

(t) The food truck shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the city manager, or the city manager's designee, to ensure that restroom facilities are available to facility employees whenever the food truck is stopped to conduct business for more than a one-hour period. (Health and Safety Code—HSC § 114315).

(u) In conformance with the California Retail Food Code, food trucks shall be stored at or within an approved commissary in order to have protection from unsanitary conditions. Food trucks shall not be stored overnight outside of an approved commissary.

(v) No food truck shall operate within 100 feet of an existing restaurant unless consent is given.

Any food truck permit may be revoked by the city manager, or the city manager's designee for good cause shown including but not necessarily limited to any of the following reasons:

(a) Citation for operator's third or subsequent violation of the requirements set forth in this article.

(b) Falsification of any information supplied by the food truck operator upon which issuance of the food truck permit was based.

(c) Failure of the food truck operator, or any employees or subcontractors of the operator, to comply with the regulations set forth in this article.

(d) Conviction of a violation, or plea of guilty or nolo contendere, by the food truck operator, or any employee, subcontractor or independent contractor of the permittee, of any federal or state law, or municipal ordinance while in the course of conducting food truck activity pursuant to the food truck permit.

(e) Conviction of a violation, or a plea of guilty or nolo contendere, by the food truck operator of any applicable provision or requirement of this section.

(f) Conviction of, or a plea of guilty or nolo contendere, by the food truck operator of any misdemeanor, or conspiracy to commit, or attempt to commit, the same, which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law.

(g) No food truck operator whose food truck permit is revoked shall be eligible to apply for a new food truck permit for a period of one year following such revocation.

(h) In the event of a food truck operator who owns more than one truck, the revocation shall apply to the food truck permit for each truck.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)

(a) Any food truck operator applicant or permittee who is aggrieved by any decision of the city manager regarding the issuance, conditioning, denial, suspension or revocation of a food truck permit may contest the decision in accordance with the procedures set forth in article I of this chapter.

(b) An appellant who is aggrieved by the hearing officer's decision may appeal to the city council following the uniform appeal procedures as outlined in Chapter 2.44. All inquiries regarding appeals shall be directed to the city clerk's office. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to further contest the decision; in this event, the hearing officer's decision is final and binding.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)

(a) Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code.

(b) Civil enforcement.

(1) Each and every violation of the provisions of this article is hereby deemed unlawful and a public nuisance.

(2) As a nuisance per se, any violation of this article shall be subject to injunctive relief, and any permit issued pursuant to this article deemed null and void.

(3) Any monies unlawfully obtained as a result of violation of this article shall be disgorged and paid to the city.

(c) Administrative citations and civil penalties.

(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this article shall be subject to administrative citation and to a fine subject to the provisions of article II of chapter 1 of this Code.

(2) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this article shall be subject to administrative civil penalty not to exceed $1,000.00.

(3) The city attorney may, in his or her sound discretion, utilize all processes or remedies legally available to collect amounts owing hereunder.

(d) Criminal enforcement.

(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this article shall be guilty of a misdemeanor, and may, in the discretion of the city attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.

(2) The city attorney, in his or her sound discretion, may prosecute a violation of this article as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this provisions of this article shall be punished by a fine not exceeding $100.00 for the first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for a third violation within one year. A fourth violation of this article within one year shall be charged as a misdemeanor and may not be reduced to an infraction.

(3) Each day a violation is committed or permitted to continue shall constitute a separate offense.

(e) Seizure and disposal.

(1) The police chief and their authorized designees shall have the authority to seize, take, and dispose of any food from any person operating in violation of section 18-604. The police chief and their authorized designees may charge any person whose food is seized a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized food.

(2) The police chief and their authorized designees shall have the authority to seize, take, and dispose of any equipment, as such term is defined at California Health and Safety Code § 113777, from any person operating in violation of section 18-604. The police chief and their authorized designees may charge any person whose equipment is seized a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized equipment. Such equipment shall be redeemable by the true owner only, within a period not exceeding 60 days, upon the payment of costs of seizure, if any, to the city. If the true owner cannot be found after reasonable inquiry, or if the owner fails to redeem such equipment, then the equipment may be confiscated and sold by the police chief and their authorized designees at the end of 60 days, after notice by registered mail to the last known address, if any, of the owner. The proceeds of the sale shall be credited to the general fund of the city.

(f) The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law. The penalties herein are in addition to any other remedies provided by law and the payment of any penalty herein shall not relieve a person of the obligation to correct the violation.

(g) Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Riverside County Department of Environmental Health Regulations with regard to the sale, use, possession, handling or manufacturing of food.

(h) The prevailing party in any judicial action, administrative proceeding, or special proceeding to enforce this article may recover its reasonable attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. A "judicial action" includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An "administrative proceeding" includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the city, or cost recovery hearing. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)

If any section, subsection, paragraph, sentence, clause or phrase of this article is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this article. The city council declares that it would have adopted this article, and each section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, clauses or portions be declared invalid or unconstitutional.

(Ord. No. 1976, § 2(Exh. B), 5-11-21)