La Mirada Municipal Code Ch. 4.60 Sales of Goods or Merchandise from Vehicles

For purposes of this chapter, the following words and terms shall have the meanings set forth below:

(a) 'Goods' or 'merchandise' means and includes items and tangible things and products of every kind and description, including any food, produce, and/or beverage items.

(b) 'Human powered device' shall mean any device moved by human power including, but not necessarily limited to, any pushcart, wagon, bicycle, tricycle, or other wheeled device or conveyance.

(c) 'Operator' shall mean any person or entity owning a ten percent or greater interest in, or operating or otherwise controlling, any business involving the vending of goods or merchandise from a vehicle. For purposes of enforcement of this chapter, any violation of law committed in connection with vending by a vendor shall be deemed to be a violation by each operator of the entity for which the vendor was vending when the violation occurred.

(d) 'Person' shall mean any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.

(e) 'Public property' shall mean any real property, or interest therein, owned, leased, operated, or otherwise controlled by the city other than a street, alley, parkway, or sidewalk.

(f) 'Residential zone' or 'zoned for residential purposes' shall mean any zone of the city in which residential dwellings are an expressly permitted use.

(g) 'Vehicle' shall mean a motor vehicle as defined in the Vehicle Code of the State of California, from which vending occurs, and shall not include any human powered device.

(h) 'Vend' or 'vending' shall mean the sale or offering for sale of any goods or merchandise to the public from a vehicle.

(i) 'Vendor' shall mean any person who engages in the act of vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom.

(Ord. 605 §1 (part), 2006).

It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of, or offering for sale, any goods or merchandise from any vehicle parked, stopped, or standing upon any public street or private street open to the public, except in accordance with all applicable provisions of this code and in compliance with each of the following requirements:

(a) Such vending shall be only by means of a vehicle duly registered and licensed by the State of California with an unladen weight of less than six thousand pounds.

(b) Each vendor shall possess and at all times display in conspicuous view upon each vehicle a city business license issued pursuant to Title 4 of this code.

(c) Each vendor shall possess an operator's permit issued pursuant to this chapter.

(Ord. 605 § 1 (part), 2006).

(a) Any person desiring to obtain an operator's permit to conduct or otherwise operate the business of vending goods or merchandise from a vehicle pursuant to this chapter shall file an application with the city finance director. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the city council. Any such permit shall be valid for one year from the date of issuance. The permit may be renewed annually, subject to filing of a new application and payment of a new application fee. Each permit applicant shall furnish the following information and documentation in the application:

(1) The street address where the office of the business is or will be located;

(2) The full, true name under which the business will be conducted;

(3) The full, true name and any other names used by the applicant;

(4) The present residence and business addresses and telephone numbers of the applicant, each ten percent or greater owner of the business, and all persons who will act as a vendor;

(5) A detailed description of the goods or merchandise which the business will vend;

(6) The make, body style, year, VIN number, state license plate number, and names and addresses of each registered and/or legal owner of each vehicle;

(7) A description of the logo, color scheme, insignia, and any other distinguishing characteristics identifying applicant's business that will appear on each vehicle;

(8) The name, residential address, and telephone number of the individual(s) primarily responsible for managing the day- to-day operation of the vending business; and

(9) Evidence of compliance with the insurance requirements of the California Vehicle Code as to each vehicle.

(b) The finance director shall be authorized to investigate the truth of the facts set forth in the application. Each application shall be approved or denied within thirty days of receipt of a complete application provided, however, that a decision may be delayed by an additional thirty days when the finance director's investigation cannot be completed within the initial thirty day period.

The permit will be granted unless any substantive fact or representation in the application is found to be absent or false, or there is substantial evidence present indicating that granting of the permit would likely present a realistic threat to the public health or safety. Any applicant denied a permit will be given written notice of the denial. Such notice shall be given in the manner specified in Section 4.60.040. Any applicant denied a permit may appeal the denial by filing a written appeal with the city manager within ten business days of the date of the notice of denial. If a timely appeal is filed, the applicant shall be given notice of a hearing to be held before the city manager, or designee, within thirty days of the date of said notice. Following such hearing, the city manager, or designee, may reverse, modify or affirm the decision of the finance director to deny the application. The decision of the city manager or designee shall be final.

(c) Each permittee shall notify the finance director, in writing, within ten business days of any change in the required application information.

(Ord. 605 §1 (part), 2006).

(a) Any operator's permit may be suspended or revoked by the finance director for any of the following reasons:

(1) Provision of false information on the permit application;

(2) Failure of the permittee to notify the finance director within ten business days of any change in the information supplied by the permittee upon which issuance of the permit was based, occurring subsequent to the issuance of the permit;

(3) There is substantial evidence of a violation by the permittee, any employee, subcontractor of the permittee, or any other person acting on the permittee's behalf, of this chapter or any other local, state, or federal law constituting a misdemeanor or felony while in the course of conducting vending operations pursuant to the permit;

(4) While in the course of vending, driving of a vehicle by a vendor not possessing a valid driver’s license, or operation of a vehicle found by police inspection to be unsafe and in violation of the California Vehicle Code;

(5) Vending in any way or manner, or of any goods or product, so as to cause an identifiable risk of harm to the public.

(b) Written notice of suspension or revocation, setting forth the grounds for suspension or revocation, shall be served on the offending permittee. The notice shall advise the operator of the right to file a written appeal and be heard at a hearing, provided such appeal is filed with the city manager within ten business days of the date of the notice. Upon receipt of a timely appeal, the permittee shall be given notice of a hearing to be held before the city manager, or designee, within thirty days of the date of said notice. The city manager, or designee, may reverse, modify or affirm the decision of the finance director. Unless immediate suspension is necessary to prevent a significant and immediate risk to the public health and safety, a suspension or revocation shall be stayed until expiration of the appeal period or the decision on the appeal. The decision of the city manager or designee shall be final.

(c) No person whose permit is revoked shall be eligible to apply for an new permit for a period of one year following such revocation.

(d) Notices required or permitted to be served pursuant to Sections 4.60.030 or 4.60.040 may be served personally, or by mailing by certified or registered mail with proof of delivery at the residential address of record, or by licensed courier or delivery service with proof of personal delivery, or in any other manner provided by law.

(Ord. 605 §1 (part), 2006).

Any use of amplified sound-making devices to advertise, draw attention to, or announce the presence of a vendor shall also comply with the regulations set forth in Chapter 4.25 of this code, except that registration pursuant to Sections 4.25.030 and 4.25.060 will not be required separately if the information contained in that registration is found in the permit application under this section.

(Ord. 605 §1 (part), 2006).

It is unlawful for any vendor or operator to sell fireworks, or any goods or products not identified in the application for an operator's permit.

(Ord. 605 § 1 (part), 2006).

Each vendor and operator causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit is required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle.

(Ord. 605 §1 (part), 2006).

(a) Vending is permitted on public streets or private streets open to the public, and is not permitted in or upon any alley, parkway, sidewalk, or other kind of public property.

(b) No vending from such vehicle shall be permitted within sixty feet of any intersection of two or more streets or within five hundred feet of any public or private elementary, junior high, or high school.

(Ord. 605 §1 (part), 2006).

(a) Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by vending therefrom.

(b) Each vendor shall pick up and deposit in the trash receptacle on the vehicle all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within twenty-five feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor or operator.

(Ord. 605 §1 (part), 2006).

(a) No vending shall be permitted for a period of time in excess of ten minutes in any one location. Such vehicle must be moved a distance of not less than one hundred feet between consecutive stops where vending occurs.

(b) No vehicle 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 the public street.

(c) No vending shall be permitted until the vehicle has been brought to a complete stop and lawfully parked adjacent to the curb.

(Ord. 605 § 1 (part), 2006).

Vending is permitted only between the hours of eight a.m. and six p.m. of any day.

(Ord. 605 §1 (part), 2006).

The requirements of this chapter shall not apply to:

(a) Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location.

(b) Any person vending where such person has been authorized to engage in such activity by a permit, lease, real property license, agreement, or other entitlement issued by the city, state or federal government for such purpose.

(c) Any person exempted from the provisions of this chapter by any local, state or federal law, regulation or statute.

(Ord. 605 §1 (part), 2006).

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this chapter or any provision of the chapter hereby adopted. Any person, firm, partnership or corporation violating any provisions of this chapter or any provision of the chapter hereby adopted, or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter or said chapters is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this chapter.

(Ord. 605 §2, 2006)