Long Beach Municipal Code Div. 1 Purpose and Definitions

The purpose of this Chapter is to establish a Mobile Food Facilities regulatory program. The provisions of this Chapter allow the City to encourage entrepreneurship and expand economic opportunities for mobile food facility operators, while protecting public health, safety, and welfare, and providing clear regulatory guidance for operators and enforcement staff.

(ORD-26-0011 § 1(Exh. A), 2026)

If a term or phrase is not defined in this Chapter, or elsewhere in this Code, the most common dictionary definition is presumed to be correct. For the purposes of this Chapter, the following terms and phrases shall have the meanings respectively ascribed to them in this Section unless, from the particular context, it clearly appears that some other meaning is intended.

A. "Above ground structure" means any structure permanently affixed to a public sidewalk or other pedestrian path, including, but not limited to, public benches, bicycle racks, fences, fire hydrants, gates, mailboxes, parking meters, sign poles, street lights, traffic signal poles, tree wells, utility boxes, and utility poles.

B. "Dispense or dispensing" means selling, peddling, hawking, displaying for sale, soliciting the sale of, offering or exposing for sale or giving away.

C. "Enforcement Officer" shall mean the Director of Financial Management or designee, Manager of Environmental Health or designee, and/or the Long Beach Police Department staff. The Enforcement Officer shall have the authority to: (a) inspect vehicles and equipment, (b) issue citations, notices of violation, and orders to comply, (c) enter into compliance agreements, and (d) refer matters to the City Prosecutor's Office for potential misdemeanor prosecution.

D. "Food" means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

E. "Ice Cream Truck" means a mobile food facility used in conjunction with a commissary, which is equipped or primarily used for retail sales of ice cream, ice milk, soft serve, shaved ice, popsicles, sherbets, frozen yogurt, frozen dessert products, prepackaged candies, prepackaged snack foods, or non-alcoholic beverages.

F. "Merchandise" means any personal property, other than food, capable of manual delivery, displayed, held, or offered for retail sale by a vendor.

G. "Mixed Use Block" means a block that is zoned to allow for structures or premises to be occupied by or used by two (2) or more principal types of use.

H. "Mobile Food Facility" means any vehicle used in conjunction with a commissary or other permanent food facility which food is sold or distributed at retail, as defined by the California Health and Safety Code. For the purpose of this ordinance and subsequent revisions, if any, Mobile Food Facilities are distinct from non-motorized sidewalk vending, which is regulated by the California Safe Sidewalk Vending Act (SB 946) and the City's Sidewalk Vending Ordinance (LBMC Chapter 5.73).

I. "Mobile Food Facility Event" means a temporary, organized gathering on private commercial property at which one or more Mobile Food Facilities operate, and which is coordinated, promoted, or managed by a property owner, tenant, or event organizer.

J. "Operating" means the on-site, retail sale or service of food to consumers from a Mobile Food Facility, including any preparation or close out procedures performed within or outside of the Mobile Food Facility. A Mobile Food Facility operator is deemed to be operating whenever any person, by use of signs, circulars, cards or any other advertising media, including, but not limited to, social and print media, represents that they are doing business in the City; these facts may be used as evidence that such person or organization is doing business in the City. For purposes of this Chapter, if the operator and/or employees are physically in the Mobile Food Facility, the Mobile Food Facility is considered to be operating.

K. "Park" or "area zoned as a park" means any publicly owned natural and open areas for active and passive public use for recreational, cultural and community service activities, including but not limited to, spaces dedicated or designated as parks in Table 35-2 or any successor table or amendments to said table as set forth in Chapter 21.35 of this Code.

L. "Private property" means any real property, parcel of land, or lot that has a separate certificate of title which is in private ownership or the subject of a lease or agreement with a person enabling its use for private purposes and includes any building or structure thereon. "Private property" includes real property owned by City that is leased to a private person.

M. "Residential" means any area zoned as a residential district in Title 21 of this Code.

N. "School" means any elementary school, middle school, junior high school, high school, senior school or continuation school, or any branch thereof.

O. "Street" means any City maintained right-of-way, owned or designated by the City, that is primarily intended for vehicular travel and open to public use. For purposes of this Chapter only, "street" includes all roadways and thoroughfares where motor vehicles operate, but excludes alleys, pedestrian only corridors, utility easements, promenades, bike paths, and similar areas not designed for regular vehicular traffic.

P. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article.

Q. "Temporary special permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or 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, filming, parades, or outdoor concerts.

(ORD-26-0011 § 1(Exh. A), 2026)