Irvine Municipal Code Ch. 2-25 Pushcart Permit

A. The intent of the pushcart permit is to allow business operators to establish this use while providing standards to safeguard the welfare of the community. Pushcarts shall be permitted only in developments with defined plazas and retail centers within multi-use, commercial or industrial districts.

B. Actions taken on applications subject to this section are considered ministerial and, therefore, are not subject to the California Environmental Quality Act (CEQA), or to City CEQA procedures.

(Code 1976, § V.E-217.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 98-14, § 4, 10-27-98)

A. No person shall sell or offer for sale any food, beverage, or product from any portable box, stand, bag or similar container other than a pushcart, in any office development with a defined plaza or retail center within multi-use, commercial or industrial districts.

B. No person shall employ, direct or otherwise cause any other person to vend or offer to vend any food, beverage, or product in violation of Subsection A above.

C. No person shall operate or retain any person to operate a pushcart for the purposes of vending without first obtaining a business permit and a pushcart permit.

(Code 1976, § V.E-217.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 98-14, § 4, 10-27-98)

The application shall be submitted in a format as determined by the Director of Community Development.

(Code 1976, § V.E-217.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 98-14, § 4, 10-27-98)

The Director of Community Development shall be the approval body for a pushcart permit. No public hearing or public notice is required.

A. Each pushcart shall have affixed to it in plain view, the owner's business permit from the City of Irvine.

B. The dimensions of any pushcart shall not exceed 96 inches in length, 48 inches in width and 101 inches in height.

C. A single kiosk may be provided to provide weather protection for pushcarts. All sales from a kiosk shall be made from a pushcart(s) located within the kiosk.

D. A single vendor may have no more than three pushcarts grouped together. A group of pushcarts may be located within a single kiosk. However, kiosks may not be grouped together.

E. Two signs are allowed for a single pushcart. If a single operator groups two or three pushcarts together, then a maximum of four signs are allowed. If a pushcart or group of pushcarts is located within a kiosk, a maximum of four signs may be located on the kiosk in lieu of being located on the pushcart(s). Signs affixed to or painted upon kiosks may not exceed the eave line of the kiosk. Each sign may be a maximum of two square feet.

F. No noise making devices shall be used in conjunction with pushcart vending.

G. No pushcarts/kiosks shall be located within any parking area or on public property.

H. Pushcarts/kiosks shall not be positioned in such a way that they pose a hazard to pedestrian circulation and safety. With the exception of pushcart groups, under no circumstances shall any pushcart and/or kiosks be located closer together than 10 feet.

(Code 1976, § V.E-217.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 98-14, § 4, 10-27-98)

A pushcart permit shall become effective on the date the decision is rendered and shall remain valid as long as the business activity remains unchanged, is consistent with the standards in Section 2-25-2 above, and is operated in a manner consistent with the Code and Ordinances of the City of Irvine. In the event a licensed business ceases the operation of a pushcart and a new licensed business operates the pushcart, or other changes are made in the operation of the business, a new pushcart permit and other appropriate permits shall be required.

(Code 1976, § V.E-217.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 98-14, § 4, 10-27-98)