Hollister Municipal Code Ch. 10.50 Mobile Food Vending

The purpose of this chapter is to protect the health, safety, and welfare of the Hollister community by providing a set of regulations related to the operation of mobile food truck vendors, on public or developed private property within the city. Unless specifically exempted by this chapter, mobile food trucks shall only be allowed within the city of Hollister in conjunction with an approved mobile food vending permit pursuant to the requirements set herein.

This chapter is not intended to enforce and/or regulate pedestrian food vendors, those mobile food vendors who operate human powered push carts, and/or other non-self-propelled vehicles including trailers. Such vendors may be regulated by other chapters in this Code and/or by other state or local laws. A mobile food truck special event requires a temporary use permit not regulated by this chapter.

Findings:

A. Mobile food trucks have the potential to foster an active, vibrant, and social pedestrian environment in areas and communities throughout the city. Although mobile food trucks can be focal point to the community, they can also create certain dangers to public health, safety, and welfare if not adequately regulated.

B. A mobile food truck vendor is less attentive to pedestrian and vehicular traffic while driving and looking for potential customers which presents obvious traffic and safety risks. A vendor parking their vehicle improperly creating an obstruction can also increase the safety risks to pedestrians and other vehicles. The city of Hollister seeks to prevent this unneeded safety risk of the community.

C. If mobile food trucks park in highly congested areas to do business then this action might increase, and make worse, existing traffic issues as well as obstruct sidewalks and pedestrian path of travel. As such, this could create increased safety issues for pedestrians for those using the public sidewalk, as well as a safety risk to pedestrians attempting to buy from the vendor. This safety risk seems to increase around schools while children, and their parents, are coming and going from the site.

D. The city of Hollister has an important, as well as a substantial, public interest to provide the community regulations in an effort to prevent safety, traffic, and health hazards, while also trying to preserve the peace, security, and welfare of the community.

(Ord. 1235, § 1(1.2), 2023)

A. Beverage. A liquid for drinking that does not contain alcohol.

B. Block. A segment of a street between adjacent intersections or between an intersection and the terminus of the street or city boundary.

C. Food or Foodstuff. Any substance as defined by Section 113781 of the California Health and Safety Code, defined as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

D. Mobile Food Trucks (MFT):

1. Means any motorized vehicle designed primarily for dispensing food provisions. For purposes herein, the terms "mobile food truck" and "food truck" shall include any trailer designed primarily for dispensing food provisions but only if attached to a motor vehicle at all times during which the food provisions are dispensed. "Food truck" shall not include any other trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing any type of food provisions.

2. Means any vehicle or trailer as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of prepared unpackaged food or foodstuffs of any kind. Food vending vehicle as used in this title does not refer to, nor include, ice cream trucks, catering trucks selling prepackaged food, or vehicles used for delivering previously ordered food from any store or restaurant to another place of business or residence.

3. Means a licensed and operable motor vehicle used to serve, vend, or provide food or nonalcoholic beverages for human consumption from a fixed location or along a route in a public place as authorized by Health and Human Services—San Benito County.

4. Means a licensed, motorized vehicle, including any legally attached trailer, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged food is sold, offered for sale, or otherwise distributed as retail.

E. Mobile Food Truck Vendor. A mobile food truck vendor is involved in the sale of prepared, unprepared, prepackaged, or unpackaged food of any kind on private or public property including streets, sidewalks, roadways, highways, and parkways.

F. Notarized Parking Authorization. A notarized and typed or handwritten (legible) document signed by a mobile food vendor and developed private property owner or legal representative indicating the vendor may utilize parking spaces within the development.

G. Operate. To "operate" or "operation" shall mean all activities associated with the conduct of business, including but not limited to, set up, take down, and actual hours where the mobile food truck is open for business.

H. Private Property. A legal designation for the ownership of property by non-governmental legal entities.

I. Right-of-Way. A path or route that may lawfully be used. The legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.

(Ord. 1235, § 1(1.2), 2023)

Application for mobile food vending permit shall be filed with the planning division on a form prescribed by the development services director (director) and shall contain such information and reports as may be required by the application submittal package or by other applicable ordinances or by the director or designee in order to review and take action on the application. A mobile food truck vendor may apply for one or more of the allowed permits: short-term operations within public right-of-way, long-term operations within public right-of-way, and/or developed private property operations.

The community services director and/or the city engineer may from time to time create no parking zones, adjust parking space sizes, and impose parking time limits upon vending vehicles in areas that the director deems necessary for the safe passage of pedestrians and vehicles.

(Ord. 1235, § 1(1.2), 2023)

A. Short-Term Operations Within the Public Right-of-Way:

1. Permitted Zonings: All zonings. Residential zoning districts, home office zoning districts, commercial zoning districts, mixed-use zoning districts, industrial/manufacturing zones, and special purpose zones. The following restrictions apply to operations in residential zoning districts.

a. Mobile food trucks shall not park in front of a residence.

b. Mobile food trucks shall maintain 50 feet from a single-family residence, measuring from the property line to a mobile food truck.

2. Prohibited Areas:

a. 4th Street between Westside Boulevard and Monterey Street.

b. South Street.

3. Hours of Operation: Up to one hour 59 minutes at one location. Four hours must pass to be allowed to return to a previous location. When moving from one location to another, vending must occur at another location at least one block away.

a. Residential Zonings: Mobile food vendors may operate between the hours of 8:00 a.m. to 6:00 p.m.

b. All other Zonings: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.

B. Long-Term Operations Within the Public Right-of-Way:

1. Permitted Zonings: North Gateway commercial zoning district, and industrial/manufacturing zones.

2. Mobile food trucks may operate within the parking lot of a public park when the following requirements are met.

a. The location allows safe vehicle queueing within the public right-of-way.

b. Approval has been obtained to locate mobile food truck inside the park.

3. Prohibited Areas:

a. 4th Street between Westside Boulevard and Monterey Street.

b. South Street.

4. Hours of Operation: For one hour or longer. For a maximum of four hours.

a. Residential zonings: Mobile food vendors may operate between the hours of 8:00 a.m. to 6:00 p.m.

b. All other zonings: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.

C. Developed Private Property Operations:

1. Permitted Zonings: Commercial zoning districts, industrial/manufacturing zones, and mixed-use zoning districts, on a legally developed site with an established use and parking.

2. Prohibited Areas: Residential zoning districts.

3. Hours of Operation: May operate only from the developed private property location approved in the permit.

a. All other zonings, excluding residential: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.; or

b. Mobile food vendor hours of operation may run concurrently with those of the established business on which the mobile food truck will be located.; or

c. Mobile food vendors may propose alternative hours of operation schedule in which the vendor and developed private property owner or legal representative have agreed upon, not to exceed the hours of 6:00 a.m. to 12:00 a.m.

(Ord. 1235, § 1(1.2), 2023)

A. Process:

1. Upon receipt of a completed mobile food vending permit application, mobile food vending site plan, and all related documents and fees, the department shall consult with all applicable city departments, including police, fire, engineering, and code enforcement.

2. Planning division staff will review the application submittal to determine completeness.

a. If application submittal is deemed complete it will be reviewed for approval or denial.

b. If the application submittal is deemed incomplete, the applicant will be granted 30 days to submit all necessary information. If the applicant fails to submit the required information within 30 days, the application will be withdrawn without prejudice.

B. Requirements by Application Type:

1. Short-Term Operations Within Public Right-of-Way: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed food truck. The applicant must show or provide, at a minimum, the following information.

a. Completed mobile food vending permit application with site plan; and

b. Compliance with state and local laws, by submitting the following:

i. Copy of California Sales Tax Permit; and

ii. Copy of local tax allocation for temporary sales form; and

c. Business tax certificate and license from the city; and

d. Environmental health permit issued by the San Benito County Health and Human Services Department; and

e. Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the mobile food truck (MFT); and

f. Bonding, and insurance naming the city as an Additional Named Insured. The city may require a bond to be posted before the MFT to ensure that all conditions are met, including cleanup.

2. Long-Term Operations Within Public Right-of-Way: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed truck. The applicant must show or provide, at a minimum, the following information:

a. Completed mobile food vending permit application with site plan; and

b. Authorization for use of restroom facilities; and

c. Compliance with state and local laws, by submitting the following:

i. Copy of California Sales Tax Permit; and

ii. Copy of local tax allocation for temporary sales form; and

d. Business tax certificate and license from the city; and

e. Environmental health permit issued by the San Benito County Health and Human Services Department; and

f. Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the mobile food truck (MFT); and

g. Bonding, and insurance naming the city as an additional named insured. The city may require a bond to be posted before the MFT to ensure that all conditions are met, including cleanup.

3. Developed Private Property Operations: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed food truck. The applicant must show or provide, at a minimum, the following information:

a. Completed mobile food vending permit application with site plan; and

b. Authorization for use of restroom facilities form; and

c. Notarized parking authorization form; and

d. Compliance with state and local laws, by submitting the following:

i. Copy of California Sales Tax Permit; and

ii. Copy of local tax allocation for temporary sales form; and

e. Business tax certificate and license from the city; and

f. Environmental health permit issued by the San Benito County Health and Human Services Department.

(Ord. 1235, § 1(1.2), 2023)

No person or entity shall operate or be allowed to operate or contract to operate, a food truck vehicle at any location within the city of Hollister without an approved mobile food truck vehicle permit and/or other entitlement as required by the city of Hollister. Mobile food truck vendors to comply with all requirements and regulations set forth within this chapter, including any state, and county rules and regulations. Failure to do so may result in the revocation or suspension of the food truck vendor permit.

A. Exceptions:

1. All food truck vendors shall be required to obtain a separate permit, i.e. a temporary use permit, for any food truck special events.

2. Any city of Hollister-sponsored event where the vendor of each food truck is operating pursuant to a valid contract with the city; or

3. Any event sponsored by the public school district and held entirely on school property.

B. Operational Standards:

1. Mobile food vending shall only be allowed on legally established parallel parking. Vending from diagonal parking spaces is prohibited.

2. Sales from mobile food trucks parked along streets shall only occur out of the portion of the mobile food truck that faces the sidewalk, or that portion opposite moving traffic.

3. Mobile food trucks shall be removed at the end of business and/or when not in operation, this includes mobile food trucks permitted to operate on developed private property. No food truck shall be left unattended overnight or parked overnight in any public right-of-way.

4. All food preparation, cooking, and storage shall occur inside the permitted vehicle and/or at an approved commissary off site. No food shall be prepared, sold, or displayed outside of the food truck vehicle.

5. Mobile food trucks shall display in a conspicuous place a valid permit to operate a Mobile food truck issued by the San Benito County Health and Human Services Department.

6. Mobile food trucks shall, at all times, display the mobile food vending permit issued by the development services department. Permits shall be placed in an obvious location clearly visible to the public.

7. Mobile food trucks shall procure a business tax certificate and license from the city before operating within city limits. Business tax certificates and licenses shall be displayed in a visible place.

8. Mobile food trucks must be brought to a complete stop and be lawfully parked according to the provisions of this Code prior to initiating food sale operations.

9. The sale of non-food items, or the performance of professional and/or personal services, shall not be provided from a food truck.

10. Only the sale of food, foodstuff, and beverages is permitted.

11. Mobile food truck vendor shall be responsible for managing customer queuing and for ensuring that safe pedestrian accessibility is maintained.

12. Food trucks shall be maintained in a clean and presentable condition at all times, free from graffiti, body damage, or obvious signs of deterioration (e.g., peeling paint, rust, etc.).

13. All grounds used by a food truck vendor shall be maintained clean at all times. Any trash or spills of food by-products shall be immediately cleaned.

14. Grease and liquid waste shall not be disposed of in tree wells, storm drains, sanitary sewer systems, public streets, or any other unapproved location.

15. Trash and recycling containers shall be provided by the food truck vendor for use by the patrons. All containers and their contents shall be removed from the site at the conclusion of business activities. No refuse or waste generated shall be disposed of in any public trash receptacle.

16. No food truck shall be allowed to install any physical addition to the food truck unit. The truck itself should function as a large-scale sign. No signage other than what is exhibited on the truck bodywork or inside the mobile food truck may be displayed.

(Ord. 1235, § 1(1.2), 2023)

No mobile food truck shall sell or offer for sale, display, solicit, barter, exchange, gift, or otherwise, any food and/or beverages to any minor child, attending any of the public or private schools within the city, on the street or from other public places within 1,000 feet of the exterior boundaries of land which any public or private school, or pre-school building, is located within the city between the hours of 7:00 a.m. and 4:00 p.m. on any school day.

The above provision shall not apply to any mobile food truck vendor who has received written consent from the school principal, or other authorized school official, to park, stop, or stand for the purpose of selling food and/or beverages, such authorization shall not interfere with and vehicular traffic and/or pose a traffic safety hazard to school children. Any such written authorization shall be kept, maintained, and displayed by the mobile food truck vendor at all times, and available at any time for inspection.

(Ord. 1235, § 1(1.2), 2023)

Any mobile food truck vendor identified in an application for a special event submitted to the city of Hollister pursuant to the city of Hollister special event program, or any other city sponsored or approved event, shall be exempt from the requirements of this chapter pertaining to mobile food trucks, provided that the mobile food truck is parked for the duration of the special event in order to conduct business. Any mobile food truck that has not been granted a permit to operate at a special event must remain at least 500 feet away from the boundary of the special event for the duration of the event.

(Ord. 1235, § 1(1.2), 2023)

A. The development services director, or designee, shall approve and issue a mobile food vending permit if:

1. The required permit fees have been paid.

2. No violation, as that term is defined in Section 10.04.150 (Violations—Civil penalties), are pending for the food truck vendor or the subject property where the food truck intends to locate.

3. The mobile food truck vendor agrees to comply with the regulations in this chapter.

B. A permit is effective upon approval by the development services director, or designee.

C. If the city issues a mobile food vending permit, the contents of the permit application shall become permit conditions, which exist in addition to any other permit conditions and/or restrictions imposed by the city.

(Ord. 1235, § 1(1.2), 2023)

A. If the development services director, or designee, determines that there has been a violation of the permit or the mobile food truck regulations, he or she may provide the permit holder with a notice of intent to revoke the permit.

B. The notice of intent to revoke shall describe the violation, require the permit holder to immediately correct the violation or cause the violation to be corrected, and shall be provided to the permit holder by personal service, mail, or posting, to the license holder's place of business or mailed to the last known address.

C. If the permit holder fails to immediately (within 24 hours) correct the violation or cause the violation to be corrected, the development services director or designee may revoke the permit. The mobile food truck vendor shall have the right to appeal the director or designee's decision in accordance with Section 17.24.170 (Revocation of Administrative Permits).

(Ord. 1235, § 1(1.2), 2023)

Each mobile food vending permit shall expire one year from the date of issuance.

(Ord. 1235, § 1(1.2), 2023)

A. A mobile food vending permit may be renewed under the same process for issuance of new mobile food vending permits when the approval has expired after one year of issuance.

B. Renewal of a mobile food vending permit, when the permit was suspended or revoked due to violations or other noncompliance actions, will require the applicant to submit a compliance plan to the development services director or designee. The compliance plan shall detail measures taken to comply with the requirements listed in Section 10.50.060. The compliance plan will be reviewed by the development services director or designee and a written determination shall be given within 30 days of a complete application submittal.

(Ord. 1235, § 1(1.2), 2023)