La Puente Municipal Code Ch. 5.42 Mobile Vending

Sections:

• 5.42.010 Purpose

• 5.42.020 Definitions

• 5.42.030 Permit required

• 5.42.040 Permit application

• 5.42.050 Criteria for approval or denial of permit

• 5.42.060 Permit expiration and renewal

• 5.42.070 Permit rescission

• 5.42.080 Appeals

• 5.42.090 Permits nontransferable

• 5.42.100 Operating requirements

• 5.42.110 Administrative citations

This chapter establishes requirements for the vending of food and goods in the public right-of-way and on private property to prevent traffic, safety, and health hazards.

The primary purpose of the public streets, sidewalks, parking lots, and other public ways is for use by vehicular and pedestrian traffic. Regulating mobile vending will protect the public health and safety and ensure safe pedestrian and vehicular traffic. Unregulated vending in the public right of way, from pushcarts, vehicles including food trucks, stands, or by persons contributes to traffic congestion and impedes the orderly movement of pedestrians and vehicles. And the unregulated use of congested streets and sidewalks with a high concentration of vehicular, pedestrian and commercial activity by vendors make the streets and walkways unsafe for motorists, cyclists, pedestrians, and vendors. (Ord. 959 § 2, 2019)

The following words and phrases, whenever used in this chapter, shall mean as follows:

Farmers' Market. A location operated in accordance with Chapter 10.5 of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

City Manager. The City Manager of the City of La Puente or his/her designee.

Mobile Vendor. Any person in charge of or operating any mobile vending vehicle, either as agent, employee, or otherwise under the direction of the owner.

Mobile Vending Vehicle or Mobile Vending Cart. Any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon, including food trucks, or eating cart or vehicle upon a public street, sidewalk, parkway, pedestrian path, or other public right-of-way within the city.

Person. One or more individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity.

Public Sidewalk or Public Street. All of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks and public ways.

Roaming Sidewalk Vendor. A sidewalk vendor who moves from place to place and stops only to complete a transaction.

Sidewalk Vendor. A person who sells 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, parkway, pedestrian path or other right-of-way available to pedestrians.

Stationary Sidewalk Vendor. A sidewalk vendor who sells from a fixed location.

Swap Meet. A location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

Temporary Special Permit. A permit issued by the City for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, city or privately sponsored filming, parades, or outdoor concerts.

Sell or Selling. To sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise. (Ord. 959 § 2, 2019)

5. 42.030 Permit Required.

No person, either for themselves or any other person, shall engage in, conduct or carry on the business of mobile vending without a permit and a valid business license issued pursuant to this Chapter. If any of the provisions of Chapter 5.08 of this title conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter. A permit issued pursuant to this Chapter may specify where and when mobile vending is permitted. (Ord. 959 § 2, 2019)

To apply for a mobile vending permit, a person must file an application with the City, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the City and shall contain, at a minimum, the following:

(a) The legal name and current address and telephone number of the applicant;

(b) If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;

(c) A description of the food or merchandise offered for sale;

(d) A description of the area(s) the applicant intends to operate;

(e) Whether the applicant intends to operate as a stationary sidewalk vendor and/or a roaming sidewalk vendor;

(f) A California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code;

(g) Certification by the applicant that the information contained in the application is true to his or her knowledge and belief;

(h) If a vendor of food or food products, certification of completion of a food handler course and proof of all required approvals from the Los Angeles County Department of Public Health;

(i) Proof of liability insurance; and

(j) Any other reasonable information regarding the time, place, and manner of the proposed vending. (Ord. 959 § 2, 2019)

The City Manager, or his or her designee, shall approve the issuance of a permit unless he or she determines that:

(a) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

(b) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; or

(c) The applicant has failed to demonstrate an ability to conform to the operating standards set forth in Section 5.42.100.

(d) The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter.

If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant. (Ord. 959 § 2, 2019)

A mobile vending permit shall be valid for twelve (12) months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. A person may apply for a permit renewal on a form provided by the City prior to the expiration of his or her active mobile vending permit. (Ord. 959 § 2, 2019)

The City Manager may rescind a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this Chapter. A mobile vendor whose permit is rescinded may apply for a new mobile vending permit upon the expiration of the term of the rescinded permit. (Ord. 959 § 2, 2019)

Any person aggrieved by the decision of the City Manager to issue, deny issuance, or rescind a mobile vending permit may appeal the decision to the City Council. The appeal shall be filed with the City Clerk within fourteen (14) days following the date of the City Manager's decision. (Ord. 959 § 2, 2019)

5. 42.090 Permits Nontransferable.

No permit granted pursuant to this chapter shall be transferable. (Ord. 959 § 2, 2019)

Mobile vendors shall comply with the following:

(a) No mobile vendor shall vend in the following locations:

(1) Within fifteen (15) feet of any street intersection;

(2) Within ten (10) feet of any fire hydrant, fire call box, or other emergency facility;

(3) Within ten (10) feet of any driveway or driveway apron;

(4) Upon or within any roadway, median strip, or dividing section;

(5) Upon or within any parkway or landscaped areas lacking paved pathways for travel;

(6) Within 500 feet of a permitted certified farmers' market, a swap meet, or an area designated for use by a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special permit;

(7) Within 500 feet of a public or private school site during school hours, and not within one hour before or one hour after school drop off and pick up operations;

(8) In any City parking lot;

(9) On private property without the consent of the property owner.

(b) No mobile vendor shall sell in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Mobile vendors must at all times provide a clearance of not less than three (3) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, biking, or using mobility assistance devices;

(c) Mobile vending is only permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows:

(1) In residential areas, mobile vending shall only be permitted between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and between the hours of 9:00 a.m. and 6:00 p.m. on weekends and holidays.

(2) In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

(3) In park areas, mobile vending shall be permitted only during hours open to the public.

(d) No mobile vendor shall use amplified sound, but may use bells or other devices described in the application and approved by the City Manager or his/her designee;

(e) Mobile vending may only occur when the vehicle is legally parked in a roadway. Mobile vendors shall comply with the California Vehicle Code, Title 10 (Vehicles and Traffic) and with all posted parking, stopping, and standing restrictions at all times;

(f) No part of the vehicle, furniture, or other equipment related to the vending operation may encroach onto the public sidewalk.

(g) Mobile vending vehicle shall park in a manner which ensures that customers shall be able to order and pick-up food safely without stepping into a parking space, into a street, or into landscaping;

(h) Mobile vendors shall not sell at any park where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

(i) Mobile vendors shall provide a trash receptacle for customers and ensure proper disposal of customer trash. Prior to leaving any vending location, the mobile vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the mobile vendor's customers within a fifteen (15) foot radius of the vending location.

(j) Mobile vendors of food or food products shall possess and display in plain view on the vending cart a valid Public Health Permit from the Los Angeles County Department of Public Health.

(k) Mobile vendors shall possess at all times while selling, a valid mobile vendor permit issued pursuant to this chapter, as well as any other permit or license required by the City and any other appropriate governmental agency.

(l) Mobile vendors shall possess at all times while selling, current liability insurance.

(m) Mobile vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

(n) Mobile vending vehicles shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No mobile vending vehicle shall become a permanent fixture on any site or be considered an improvement to real property. (Ord. 959 § 2, 2019)

(a) A violation of this chapter by a mobile vendor who has a valid mobile vending permit from the City is punishable only by an administrative citation pursuant to Chapter 1.12 in amounts not to exceed the following:

(1) One hundred dollars ($100) for a first violation;

(2) Two hundred dollars ($200) for a second violation within one year of the first violation; and /or

(3) Five hundred dollars ($500) for each additional violation within one year of the first violation.

(b) A person engaged in mobile vending without a valid City mobile vending permit is punishable by an administrative citation pursuant to Chapter 1.12 in amounts not to exceed the following, in lieu of the amounts set forth in subdivision (a):

(1) Two hundred fifty dollars ($250) for a first violation;

(2) Five hundred dollars ($500) for a second violation within one year of the first violation; and/or

(3) One thousand dollars ($1,000) for each additional violation within one year of the first violation; and

(4) Upon proof of a valid mobile vending permit issued by the City, the administrative citations set forth in this paragraph shall be reduced to amounts set forth in subdivision (a).

(c) A violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

(d) Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

(e) When assessing administrative citations pursuant to this section, the hearing officer shall take into consideration the person's ability to pay the fine. 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. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

(f) If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the City shall accept, in full satisfaction, twenty (20) percent of an administrative citation imposed pursuant to this chapter.

(g) The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition. (Ord. 959 § 2, 2019)