Hesperia Municipal Code Ch. 5.26 Mobile Food Vending, Ice Cream Trucks, Sidewalk Vending

Footnotes:

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Editor's note— Ord. No. 2019-10, § 3(Exh. A), adopted August 20, 2019, amended ch. 5.26 in its entirety to read as herein set out. Former ch. 5.26, §§ 5.26.030—5.26.210, pertained to sidewalk vending, and derived from Ord. No. 2018-09, § 2(Exh. A), 2-5-19).

Any person desiring to peddle goods, wares, or services as defined by the Hesperia Municipal Code Section 1.04.050 shall obtain and maintain a valid business license.

Any person desiring to operate a mobile food vending or sidewalk vending business shall also secure a permit for mobile food vending or sidewalk vending.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Special requirements for mobile food and ice cream vending vehicle operations shall apply as follows:

A. Equipment Requirements for Mobile Food Vending and Ice Cream Vending Operations. In addition to other equipment required by law, every mobile food vending vehicle and ice cream vending vehicle shall be equipped with:

1. Signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be five to seven inches in diameter and shall display two alternately flashing amber lights visible at five hundred (500) feet to the front and rear in normal sunlight upon a straight level street. The light output of each indicator shall not be less than five candle power nor more than fifteen (15) candle power at any time;

2. A convex mirror mounted on the front so the driver in his normal seating position can see the area in front of the truck obscured by the hood;

3. An audible warning device to indicate vehicle backing automatically activated and audible at a distance of one hundred (100) feet to the direct rear of the vehicle.

B. Use of Special Lights on Mobile Food Vending and Ice Cream Vending Vehicles.

1. The driver of a mobile food vending or ice cream vending vehicle stopped on the street for the purpose of vending shall actuate the special amber flashing lights required by subsection (A)(1) of this section;

2. These lights shall not be used when the truck is in motion nor at any time the truck is stopped for a purpose other than vending.

C. Every operator of a mobile food vending vehicle or ice cream vending vehicle used for the purpose of retail sales of frozen dairy products shall provide, upon application:

1. Photos of the sides, front, and rear of the truck;

2. Copies of applicable permits issued by the Department of Environmental Health.

D. Renewal of License. Each annual renewal of the license shall require that the operator of the mobile food vending vehicle provide:

1. Copies of applicable permits issued by the San Bernardino County Department of Environmental Health.

E. Vending Restrictions.

1. A person shall vend only when the vehicle is lawfully parked or stopped.

2. A person shall vend only from the side of the vehicle away from moving traffic and as near as possible to the curb or edge of the right-of-way.

3. A person shall not vend to a person standing in the roadway.

4. A person shall not stop on the left side of a one-way street to vend.

5. A person shall not vend on a street unless there is a clear view of the mobile food vending vehicle for a distance of at least two hundred (200) feet in each direction.

F. Backing Restricted. The vendor shall not back up the vehicle on a public street to make or attempt a sale.

G. Unauthorized Riders Prohibited.

1. The driver shall not permit any unauthorized person to ride in or on the vehicle.

2. A person shall not ride in or on a mobile food vending machine unless employed by its owner or unless authorized in writing to do so by the owner or by receiving permission through the application process of this title.

3. All operators licensed to operate a mobile food truck or ice cream vending vehicle shall be at least eighteen (18) years of age.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Sidewalk vending includes selling or distributing food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other public pedestrian path or within a public park. A sidewalk vendor can be roaming or stationary. The following sidewalk vendors are not subject to the standards in this subsection:

A. A sidewalk vending pushcart owned or operated by any public agency;

B. Persons delivering goods, wares, merchandise, fruits, vegetables, or foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution;

C. Vendors participating in farmers markets or other special events as allowed by the city;

D. An event at a school facility or an assembly use facility, if the vendor is operating in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way);

E. Vendors that only sell, distribute, display, solicit, or offer sale of items that are inherently communicative and have nominal utility apart from its communication (e.g., newspapers, leaflets, pamphlets, buttons, etc.).

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

No sidewalk vendor shall operate without a sidewalk vending permit and a business license.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

The application for a sidewalk vending permit shall be signed by the applicant and shall include at least all of the following information:

A. The name and current mailing address of the applicant;

B. A description of the type of food, beverage, or merchandise to be sold, as well as hours of operation, a description of the cart, and any additional information that will explain the proposed use;

C. A description and photograph (including colors and any signs) of any stand to be used in the operation of the business;

D. A certification by the sidewalk vendor that to his or her knowledge and belief, the information contained on the application is true;

E. A copy of the vendors unexpired sellers permit;

F. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;

G. If operating in state right-of-way, the vendor shall provide evidence of the state's authorization;

H. Proof of insurance policy, issued by an insurance company licensed to do business in the state, protecting the permittee and the city from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the permit. Such insurance shall name as additional insured the city and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days advance written notice to the city.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Stationary sidewalk vending is prohibited in all residential zones of the City of Hesperia.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Not later than sixty (60) days after the filing of a completed application for a vendor's permit, the applicant shall be notified of the decision on the issuance or denial of the permit.

A. Fees shall be determined by council resolution and shall be paid prior to issuance of a permit.

B. Locations for vending shall be approved by the director.

1. In addition to any locational restrictions found in Section 5.26.060 vending locations may be further limited by the director only if the limitation is directly related to objective health, safety or welfare concerns, including but not limited to:

a. The ability of the site to safely accommodate the use;

b. Pedestrian safety.

2. Vending locations may change only upon written request by an applicant and approval by the director.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

All permits are valid for one year unless revoked or suspended prior to expiration. An application to renew a permit shall be made not later than ninety (90) days before the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the vendors permit each year.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

No vending cart shall exceed four feet in width, eight feet in height, or eight feet in length.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

All sidewalk vendors that prepare or sell food shall comply with the following requirements:

A. All equipment installed in any part of the cart shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.

B. All utensils shall be securely stored in order to prevent their being thrown from the cart or vehicle in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.

C. Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters, and similar equipment shall be installed so as to be hidden from view to the extent possible and be easily accessible.

D. All vendors must possess a valid permit issued by the San Bernardino County Health Department, if the sidewalk vendor intends to sell food or any other item requiring a county health department permit.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

All permits shall be displayed in a visible and conspicuous location at all times during the operation of the vending business.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

It shall be prohibited for any sidewalk vendor to operate under any of the following conditions:

A. Vend between 2:00 a.m. and 6:00 a.m. unless in conjunction with a special event;

B. Leave any stand unattended;

C. Store, park, or leave any stand overnight on any public street, sidewalk, or park;

D. Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use;

E. Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles;

F. Discharge solids or liquids to the street or a storm drain;

G. Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand;

H. Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her stand where such terms have not been described by his or her application;

I. Solicit or conduct business with persons in motor vehicles;

J. Sell anything other than that which he or she is permitted to vend;

K. Sound or permit the sounding of any device that produces a loud and raucous noise or any noise in violation of the city's noise ordinance, or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;

L. Vend without the insurance coverage previously specified;

M. Operate within fifty (50) feet of a fire hydrant or twenty-five (25) feet of a transit stop;

N. Vend from the exposed street or alley and/or traffic side of the vending cart;

O. Operate in a manner that does not maintain four feet of clear space on a public sidewalk;

P. Operate a stationary vending cart in exclusively residential zones;

Q. Operate a sidewalk vending cart within five hundred (500) feet of a certified farmers' market or swap meet during the operating hours of that certified farmers' market or swap meet;

R. Operate a sidewalk vending cart within five hundred (500) feet of any public sidewalk, street, right-of-way, or other public property approved for commercial filming or a temporary event or festival;

S. Operate in violation of any other generally applicable law;

T. Display off-site signs. No signs are allowed, except those approved in the application which identify the name of the product or the name of the vendor and the posting of prices on the cart. Signs with intermittent, flashing, moving, or blinking light, or varying intensity of light or color, are not permitted.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

This section regulates mobile vending other than in public sidewalks or parks. Mobile vending can promote the public interest by contributing to an active and attractive pedestrian environment. However, reasonable regulation of mobile vending is necessary to protect the public health, safety, and welfare. The purpose of this subsection is to set forth the conditions and requirements under which mobile vendors may be permitted to operate to protect the public health, safety, and welfare of the residents of and visitors to Hesperia.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Mobile vending activity may occur within a public or private open space not including a public sidewalk or park (e.g. parking lot, plaza, etc.), or from a vehicle legally parked on a street, in all commercial, mixed-use, business park and industrial zones in compliance with the standards in this subsection. Mobile vending activity may also occur from a vehicle legally parked on the street in all residential zones, in compliance with the standards in this subsection. The following mobile vendors are not subject to the standards in this subsection:

A. A mobile vending vehicle or pushcart owned or operated by any public agency;

B. Persons delivering goods, wares, merchandise, fruits, vegetables, or foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution;

C. Vendors participating in farmers markets or other special events as allowed by the city;

D. An event at a school facility or an assembly use facility, if the vendor is operating in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way);

E. Vendors that only sell, display, distribute, solicit, or offer sale of items that are inherently communicative and have nominal utility apart from its communication (e.g., newspapers, leaflets, pamphlets, buttons, etc.).

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

The application for a mobile vendor's permit shall be signed by the applicant and shall include, in addition to the requirements of Section 5.26.050, the following:

A. The state vehicle license plate number and the vehicle identification number of the mobile vendor vehicle.

B. If operating on private property or on a city-owned parking lot, plaza, or other city-owned area (other than a public sidewalk or park), the mobile vendor shall provide evidence of the property owner's written authorization.

C. If operating in state right-of-way, the mobile vendor shall provide evidence of the state's authorization.

D. For each person with a ten percent or greater financial interest in the business that operates the mobile vendor vehicle, a list, signed under penalty of perjury, of each conviction of such person and whether such conviction was by verdict, plea of guilty, or plea of no contest. The list shall, for each conviction, set forth the date of arrest, the offense charged, and the offense of which the person was convicted. A person who acquires a ten percent or greater financial interest in the business that operates the mobile vendor vehicle during the term of the permit issued pursuant to this code shall immediately so notify the director and comply with this subsection.

E. Valid permit issued by the San Bernardino County Environmental Health Department, if the sidewalk vendor intends to sell food or any other item requiring a county health department permit.

F. Evidence of compliance with Health and Safety Code § 114315(a). Such evidence may include, but is not limited to, written permission from a private business owner for use of the business's toilet and hand washing facility, a printed or electronic map showing the location of a compliant public toilet and hand washing facility, or similar documented evidence of compliance.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Mobile vending may take place within the commercial, mixed-use, business park, industrial, and/or residential zones, with individual locations approved by the director.

A. Vending locations shall be designated based on the ability of the site to safely accommodate the use.

B. Vending locations may change only upon written request by an applicant and approval by the director.

C. All locations of vending stands shall be considered in relation to right-of-way configurations and pedestrian safety.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

It shall be prohibited for any mobile vendor to operate under any of the following conditions:

A. Vend between 2:00 a.m. and 6:00 a.m. unless in conjunction with a special event;

B. Leave any stand or motor vehicle unattended;

C. Store, park, or leave any stand overnight on any public street or sidewalk, or park any motor vehicle other than in a lawful parking place;

D. Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use;

E. Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles;

F. Discharge solids or liquids to the street or a storm drain;

G. Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand or vehicle;

H. Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her stand where such terms have not been described by his or her application;

I. Solicit or conduct business with persons in motor vehicles;

J. Sell anything other than that which he or she is permitted to vend;

K. Sound or permit the sounding of any device that produces a loud and raucous noise, or any noise in violation of the city's noise ordinance or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;

L. Vend without the insurance coverage previously specified;

M. Operate within fifty (50) feet of a fire hydrant or twenty-five (25) feet of a transit stop;

N. Operate within twenty-five (25) feet of the outer edge of a driveway or vehicular entrance to public or private property in residential zones;

O. Operate within one hundred (100) feet of the outer edge of a driveway or vehicular entrance to public or private property in commercial, business park, mixed use, or industrial zones;

P. Vend from the exposed street or alley and/or traffic side of the vending cart or vehicle;

Q. Vend while parked illegally;

R. Vend from any street parking space other than a space parallel to the curb;

S. Operate in a manner that does not maintain four feet of clear space on a public sidewalk;

T. Operate in any manner or location that blocks any citizen or service entry or exit from any business or residence;

U. Operate from any motor vehicle not licensed by the department of motor vehicles.

V. Display off-site signs. No signs are allowed, except those approved in the application which identify the name of the product or the name of the vendor and the posting of prices on the cart. Signs with intermittent, flashing, moving, blinking light, or varying intensity of light or color, are not permitted.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

In addition to the operational standards in Section 5.26.130 and Section 5.26.180 the following shall also be prohibited for any sidewalk vendor operating in a public park:

A. Operate outside the hours of operation of the park;

B. Operate more than six feet from any walking or bicycling pathway in the park;

C. Operate within fifty (50) feet of any other sidewalk vendor in the park;

D. Operate on, or within twenty-five (25) feet of, any sports field or playground equipment area.

E. Utilize any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the park in any way as part of the sidewalk vending operation.

F. Operate within twenty-five (25) feet of any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the park.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Any permit may be denied, suspended, or revoked for any of the following causes:

A. Fraud or misrepresentation contained in the application for the permit.

B. Fraud or misrepresentation made in the course of carrying on the business of vending.

C. Conduct of the permitted business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, or welfare.

D. Conduct in violation of the provisions of this chapter.

E. Denial, void, or revocation of the business license shall result in revocation of the vendor permit.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A violation of these sidewalk vending requirements, other than failure to possess a valid sidewalk vending permit, is punishable by the following:

A. An administrative fine of one hundred dollars ($100.00) for a first violation.

B. An administrative fine of two hundred dollars ($200.00) for a second violation within one year of the first violation.

C. An administrative fine of five hundred dollars ($500.00) for each additional violation within one year of the first violation.

D. Rescission of a sidewalk vending permit for the term of that permit upon the fourth violation or subsequent violations.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Vending without a sidewalk vending permit issued by the City of Hesperia is punishable by the following:

A. An administrative fine of two hundred fifty dollars ($250.00) for a first violation.

B. An administrative fine of five hundred dollars ($500.00) for a second violation within one year of the first violation.

C. An administrative fine of one thousand dollars ($1,000.00) for each additional violation within one year of the first violation.

D. Upon proof of a valid permit issued by the City of Hesperia, any administrative fines imposed under this subsection for vending without possessing a copy of the permit shall be reduced to the administrative fines set forth in Section 5.26.200.

All fines imposed pursuant to Sections 5.26.200 and 5.26.210 shall be subject to an ability-to-pay determination as described in California Government Code section 51039(f). Concurrently with issuing a citation for such fines to a person, the city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)