Lancaster Municipal Code Ch. 12.32 Food Distribution

Footnotes:

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Editor's note— Ord. No. 1115, § 2, adopted May 7, 2024, enacted provisions designated as Ch. 12.28. Inasmuch as there were already provisions so designated, said chapter has been codified herein as Ch. 12.32 at the discretion of the editor.

This chapter shall be known as the city of Lancaster's Food Distribution ordinance.

(Ord. No. 1115, § 2, 5-7-2024)

The city council finds and declares as follows:

A. It is in the public interest that persons wishing to provide meals to food insecure individuals and families link such meal service to other social services, thus aiding in providing a continuum of care intended to help food insecure individuals and families.

B. Improperly managed food distribution events on sidewalks and other property may obstruct the free flow of pedestrian and vehicle traffic which poses a safety hazard, and result in garbage and trash left behind following the event which causes a health hazard and visual blight.

C. Improperly managed food distribution events often fail to comply with statewide standards concerning preparing and serving food to the public, and further conduct these events in locations that do not have adequate access to clean water, waste disposal and bathroom facilities, which poses significant health and safety hazards to the persons being served as well as the public at large.

D. It is the intent and purpose of the city council, through the adoption of this ordinance, to encourage individuals, nonprofit charitable organizations and other agencies who wish to distribute free meals to needy people to participate in programs which provide meals in conjunction with other services. The city council finds and declares that doing so will protect the health, safety and general welfare of the persons being provided meals as well as the public at large.

(Ord. No. 1115, § 2, 5-7-2024)

As used in this chapter, the following words and phrases have the meanings set forth below:

"City manager" means the city manager of the city of Lancaster, or his or her designee. "Code" means the Lancaster Municipal Code.

"Facilitated public location" means the locations identified by the city manager in writing from time to time. the list of facilitated public locations shall be posted on the city's website.

"Food distribution guidelines" means the guidelines promulgated by the city manager from time to time to implement this chapter. The food distribution guidelines shall be posted on the city's website.

"Food distribution event" means a meal distribution event and/or grocery distribution event.

"Person in good standing" means a person who has not previously failed to (i) dispose of all trash and debris generated by a food distribution event; and (ii) comply with the provisions of this chapter, within the twelve (12) months preceding the submission of an application to conduct a food distribution event.

"Grocery distribution event" means the distribution of grocery items to ten (10) or more members of the public, without charge.

"Meal distribution event" means the distribution, preparation, serving, and/or dispensing of prepared meals to ten (10) or more members of the public, without charge.

"Person" means and includes an individual, corporation, limited liability company, partnership, nonprofit charitable organization and/or other entity.

(Ord. No. 1115, § 2, 5-7-2024)

A. Excluding only facilitated public locations, no person shall conduct a food distribution event on a public street, sidewalk, parking lot or other public property.

B. Notwithstanding subsection A of this section, a person who desires use space in a public park (that is not a facilitated public location) for the primary purpose of conducting a food distribution event may do so, provided, however, that such person must comply with the following:

1. Submit a facility rental application and the applicable fee, and comply with all requirements set forth in the facility rental contract; the portion of the park requested to be used must be able to accommodate the water and sanitation requirements established in applicable food safety laws, regulations, and requirements;

2. For a meal distribution event, obtain and provide evidence of a valid permit from the Los Angeles County Department of Health (Environmental Division), and comply with all applicable state and county food safety requirements, including but not limited to the provisions set forth in Cal. Health & Safety Code Division 104, Part 7, Chapter 10.5, "Nonprofit Charitable Temporary Food Facilities;"

3. For a grocery distribution event, provide (i) a traffic circulation plan approved by the city engineer; (ii) provide staffing and traffic control devices consistent with such traffic circulation plan; and (iii) obtain an encroachment permit.

4. Such additional information, materials or plans as the city manager may determine from time to time.

5. At the conclusion of the food distribution event, dispose of all trash and debris generated by the event.

(Ord. No. 1115, § 2, 5-7-2024)

A. A person who desires to use a facilitated public location for the primary purpose of conducting a food distribution event may do so, provided, however, that such person must comply with the following:

1. Submit a food distribution event application and comply with all requirements set forth in the food distribution guidelines;

2. Food distribution events must comply with the Los Angeles County Department of Health (Environmental Division), and comply with all applicable state and county food safety requirements, including but not limited to the provisions set forth in Cal. Health & Safety Code Division 104, Part 7, Chapter 10.5, "Nonprofit Charitable Temporary Food Facilities;"

3. If the applicant is not a person in good standing, pay the applicable fee for use of the facilitated public location.

4. Comply with the city's traffic circulation plan for the facilitated public location and provide staffing and traffic control devices consistent with such traffic circulation plan.

5. At the conclusion of the food distribution event, dispose of all trash and debris generated by the event.

B. The use of each facilitated public location will be approved on a first-come, first-served basis and giving first priority to the city's scheduled use of such facilitated public location.

(Ord. No. 1115, § 2, 5-7-2024)

A. A person who desires to conduct a food distribution event on private property shall comply with chapter 9.40 of this code and such person must also comply with the following:

1. Submit a food distribution event application and comply with all requirements set forth in the food distribution guidelines.

2. Food distribution events must comply with the Los Angeles County Department of Health (Environmental Division), and comply with all applicable state and county food safety requirements, including but not limited to the provisions set forth in Cal. Health & Safety Code Division 104, Part 7, Chapter 10.5, "Nonprofit Charitable Temporary Food Facilities."

3. For a grocery distribution event, provide (i) a traffic circulation plan consistent with current city guidelines approved by the city engineer; (ii) provide staffing and traffic control devices consistent with such traffic circulation plan; and (iii) obtain an encroachment permit.

(Ord. No. 1115, § 2, 5-7-2024)

A. The use of any property to conduct a food distribution event that does not comport with the provisions of this chapter constitutes a public nuisance subject to abatement.

B. This chapter does not apply to food vendors or other food providers who have contracted with or are otherwise authorized by the City, Los Angeles County, or other public agency or authority to sell or provide food in conjunction with a city-sponsored event, farmer's market, county/agency/authority-sponsored event, or other similar event.

C. The city manager is hereby authorized to enforce, and to designate in writing the city employees or contractors who are authorized to assist in the enforcement of, the provisions of this chapter. The city manager shall have the authority to promulgate and/or adopt guidelines and/or regulations to implement the provisions of this chapter. The city manager shall have the authority to waive any fees and/or requirements of this chapter for any event regulated hereunder that is sponsored or co-sponsored by the city or any other public agency.

(Ord. No. 1115, § 2, 5-7-2024)

A. It is unlawful for any person to violate any provision or fail to comply with any requirement of this chapter. Each day or portion thereof that a violation occurs or is present constitutes a separate offense. Any person in violation of this chapter is subject to the penalty and enforcement provisions set forth in chapters 1.12, 1.16 and 8.28 of this code.

B. An administrative citation pursuant to this chapter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to abate an unlawful nuisance food distribution event. A civil or criminal action may be brought concurrently with any other process regarding the same violation.

(Ord. No. 1115, § 2, 5-7-2024)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, clauses or portions be declared invalid or unconstitutional.

(Ord. No. 1115, § 2, 5-7-2024)