Kingsburg Municipal Code Ch. 5.38 Food Vending Vehicles

"Food vending vehicle" means any conveyance from which food or beverage is sold or offered for sale or distributed to the consumer, including, without limitation, the following:

A. Full food preparation trucks (typically referred to as taco trucks or catering trucks).

B. Full food preparation trailers (sometimes called catering wagons or concession trailers).

C. Tow-behind carts.

D. Carts on caster wheels (limited to stationary venues such as stadiums, hospitals, or indoor shopping malls that are in compliance with zoning laws for that venue).

Provided, however, a "vending vehicle" does not include a vehicle which only delivers food or beverage products ordered by home delivery customers.

E. Food vending vehicle does not include a "sidewalk vendor" regulated under Chapter 5.40 of Title 5 of the Kingsburg Municipal Code.

(Ord. No. 2019-003, § 1, 4-3-2019)

In order to operate a food vending vehicle in the city, a food vending vehicle business ("vending owner") must comply with the following requirements:

A. Except as otherwise set forth in Section 5.38.070, a food vending vehicle may operate in the city only in conjunction with and ancillary and complimentary to, and not separate from, the operation of an existing business ("local business") in the city with a permanent business address at a building located within the city ("local business location");

B. Maintain a valid mobile food permit issued by the County of Fresno through its public health services department for the operation of the food vending vehicle.

C. Maintain a valid California Department of Tax and Fee Administration Seller's Permit.

D. Every person driving the food vending vehicle must maintain a valid California driver's license.

(Ord. No. 2019-003, § 1, 4-3-2019)

A. In order for a food vending vehicle to operate at a local business location, the local business shall submit a complete application for a food vending vehicle permit on forms approved by the city.

1. The local business must attach to its application the following documents:

a. Copies of all the documents identified in Section 5.38.020 B., C. and D. of this chapter;

b. If the local business is not the owner of the local business location, a written consent signed and dated by the current owner of the local business location where the food vending vehicle will operate consenting to the operation of the food vending vehicle(s) at the local business location;

c. A certificate of insurance confirming the food vending vehicle business or the local business maintains general comprehensive liability insurance policy which includes food vendor liability insurance, of at least one million dollars ($1,000,000.00) in coverage.

d. A business license issued by the city to the local business which allows food vending vehicles to operate at the local business location.

The local business shall deliver the completed application form and the required application fee to the city's planning department.

(Ord. No. 2019-003, § 1, 4-3-2019)

A. The city's city clerk or her designee in conjunction with the city's planning department shall approve or deny the application within sixty (60) days after receipt of the application.

B. The city clerk or her designee in conjunction with the city's planning department may deny or revoke a food vending vehicle permit whenever is the city determines that:

1. Misrepresentations were made in the food vending vehicle permit application or any other documents provided to the city, the County of Fresno or any other governmental agency;

2. The owner of the food vending vehicle or any employee of the owner of the food vending vehicle has been convicted of a crime substantially related to the qualifications, functions, or duties of the food vending vehicle business for which application is made;

3. Any of the terms or conditions of the food vending vehicle permit or regulations under this chapter have been violated, or the food vending vehicle has in the past or is currently operating in violation of any city ordinance, or any provision of the city Municipal Code, any county ordinance or regulation, or any state or federal law;

4. While the food vending vehicle is operating at the local business location, the local business is interfering with the peace and quiet of the neighborhood or area where it is located;

5. The safety of persons or real or personal property requires such denial or revocation;

6. The owner of the local business location has transferred its interest in the local business location or has revoked or terminated its consent allowing the local business or the food vending vehicle to operate at the local business location.

(Ord. No. 2019-003, § 1, 4-3-2019)

Each local business shall comply with the following restrictions and requirements regarding the operation of a food vending vehicle at the local business location:

A. The food vending vehicle shall not sell food or beverages directly to persons in vehicles.

B. A food vending vehicle shall not discharge or cause to be discharged, any waste of any kind other than into lawfully permitted waste disposal locations.

C. The operation of a food vending vehicle at the local business location shall not obstruct or interfere with the free flow of pedestrian or vehicular traffic, including, but not limited to, access to or from the local business location.

D. The operation of a food vending vehicle at the local business location shall not restrict the visibility area or sight distance at any driveway or intersection.

E. A food vending vehicle shall post, in public view and without obstruction, on the back upper left side of the vehicle, the following items:

1. A valid permit certification and valid permit sticker issued by the County of Fresno Public Health Services Department;

2. A copy of the current food vending vehicle permit issued by the city to the local business;

F. Hours of operation of a food vending vehicle shall be the same as the local business;

G. Food vending vehicles shall only be a permitted to operate at local business locations in the commercial and industrial zone districts in the city;

H. Any owner of a food vending vehicle or employee of an owner of a food vending vehicle and the local business shall permit law enforcement officers, code enforcement officers or any other employee of the city or the County or Fresno to inspect the food vending vehicle to ensure compliance with all applicable laws, regulations and ordinances. Such inspections shall be as frequent as necessary.

(Ord. No. 2019-003, § 1, 4-3-2019)

If a local business does not have sufficient area to locate the food vending vehicle(s) on the local business location property, the local business may, locate a maximum of two (2) food vending vehicles in the public right-of-way or alley immediately adjacent to the local business location only in accordance with the following requirements:

A. The local business has applied for and the city has issued to the local business a special event permit which specifically identifies the location of the food vending vehicle(s) in the public right-of-way or [alley].

B. The location of the food vending vehicles in the public right-of-way or alley complies with all current city and California Vehicle Code parking requirements.

C. The food vending vehicle parks parallel to the curb while serving any customers.

D. Other than trash and recycle receptacles, no tables, chairs, furniture, umbrellas, generators, objects or structures shall be permitted outside of the food vending vehicle.

E. Other than trash and recycle receptacles, all equipment and operations of the food vending vehicle shall be conducted within the food vending vehicle.

(Ord. No. 2019-003, § 1, 4-3-2019)

The operation of a food vending vehicle for a private catering event is not limited by the zoning restrictions identified in this chapter and will not require the issuance of a food vending vehicle permit so long as the private catering event complies with the following requirements:

A. If the private catering event is conducted in a residential zone district, the food vending vehicle must be parked entirely on the residential private property. Except that the owner of the residential private property may apply to the city for an encroachment permit to allow the food vending vehicle to be parked in the street right-of-way directly in front of the private property or in an alley behind or adjacent to the residential private property.

B. If the private catering event is conducted at a school, hospital or religious facility, the food vending vehicle must be parked entirely on property owned by the school, hospital or religious organization. Except that the school, hospital or religious organization may apply to the city for an encroachment permit or special event permit, whichever is applicable, to allow the food vending vehicle to be parked in the street right-of-way directly in front of the organization's property or in an alley behind or adjacent to the organization's property.

C. If the private catering event is conducted in a city park, the food vending vehicle must be parked in the location identified in the city park rental permit issued by the city for the private catering event at the park.

D. If the private catering event is conducted by an organization and in a location in the city which requires the issuance of a special event permit, the food vending vehicle must be parked in the location identified in the special event permit.

E. Service from the food vending vehicle is limited to private guests of the catering host.

F. Payment occurs directly between the catering event host and the food vending vehicle business owner. No payment transactions shall occur with individual orders from the food vending vehicle.

(Ord. No. 2019-003, § 1, 4-3-2019)

A. Should an local business be denied a food vending vehicle permit or if a food vending vehicle permit is revoked for violation, by the local business or the food vending vehicle business, of the provisions of this chapter or any other applicable law, ordinance or regulation, the local business may, no later than ten (10) days after the date of written notice of such denial or revocation mailed to the local business at the address provided on the permit application, file a written appeal with the city manager using the appeal form provided by the city setting forth the grounds for such appeal;

B. Within ten (10) days after the city manager's receipt of the appeal form, the city manager shall schedule a hearing before the city manager to hear the local business' appeal. The city manager shall provide the local business with at least ten (10) days prior written notice of the hearing. The city manager may, upon completing such hearing, sustain, suspend or overrule the decision to deny or revoke the permit, which decision shall be final and conclusive.

C. Pending the hearing before the city manager, the denial or revocation of the permit shall remain in full force and effect and any reversal thereof by the city manager shall not be retroactive but shall take effect as of the date of the city manager's decision.

(Ord. No. 2019-003, § 1, 4-3-2019)