Marina Municipal Code Ch. 10.46 Mobile Food Vending and Sidewalk Vending

Sections: Purpose. Definitions. Required permits and licenses. Exemptions. Operating standards. License denial, suspension and revocation. Sidewalk vending. Enforcement.

The purpose of this chapter is to establish clear operating requirements for mobile food vendors and sidewalk vendors, including regulations for enforcement. Regulations are intended to: A. Increase access to goods provided by mobile food vendors and sidewalk vendors. B. Create an environment where storefronts and vendors can each thrive and contribute to the local economy. C. Limit pedestrian conflicts and protect access to public thoroughfares. D. Restrict mobile food vending in areas of the city where high traffic volumes, narrow rights-of-way, or inadequate infrastructure present public health and safety hazards. E. This chapter shall not be effective in the Coastal Zone unless and until the city’s local coastal plan is amended to include it. (Ord. 2023-15, 2023)

For purposes of this chapter: “Mobile food vending vehicle” means any self-propelled, motorized device by which any person or property may be propelled or moved upon a public street or private property, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle, from which foodstuffs are sold, displayed, solicited, or offered for sale, bartered, exchanged, given, or otherwise conveyed. “Mobile food vendor” means a person who sells, displays, solicits, or offers for sale, exchange, gift, or otherwise conveys food or beverages from any vending vehicle on a public street or private property. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction, as defined in California Government Code Section 51036. “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path, as defined in California Government Code Section 51036. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location, as defined in California Government Code Section 51036. (Ord. 2023-15, 2023)

It shall be unlawful for any person to maintain, manage or operate any mobile food vending vehicle within the city without a license and unless such activity is performed in strict compliance with the chapter, and all applicable laws, rules, and regulations. A. An application for a mobile food vendor shall include the following: 1. Health permit issued by the county of Monterey health department. A separate health permit shall be obtained for each vehicle, even when conducted under the same ownership. 2. Valid business license issued pursuant to Title 5. 3. Completed mobile vending license application form and fee. B. Issuance. 1. Separate mobile food vending licenses are required for mobile food vendors operating in the public right-of-way or on private property. Upon submission of a complete application, a mobile food vending license may be approved or denied by the city engineer (for vendors operating in the public right-of-way) or community development director (for vendors operating on private property), or their respective designees. C. Expiration and Renewal. 1. Each license is time limited and there is no guarantee of renewal. 2. A mobile food vending license shall expire on June 30th of each calendar year, regardless of the date issued. 3. No mobile food vending license shall be automatically renewed. It shall be the responsibility of the mobile food vendor to apply for renewal of a mobile food vending license on or before June 30th of each year. 4. A mobile food vending license issued pursuant to this chapter shall not be assigned, transferred, sold, or otherwise conveyed to any other person by the person to whom such license has been issued. 5. Circumstances for nonrenewal may include, but are not limited to, outstanding fees, code violations, validated complaints, or other similar infractions. (Ord. 2023-15, 2023)

The following are exempt from the requirement to obtain a mobile food vending license, but operators must comply with applicable subsections of Section 10.46.050, obtain a valid health permit from the county of Monterey health department, and may be required to pay associated event fees.

A. An event authorized by a special event permit, temporary use permit, or other permit or entitlement issued by the city, such as for an authorized street fair. B. An event at a school, assembly use facility, or recreational facility; provided, that the vendor is in partnership with the organization conducting the event and is located on the site of the event. C. An event at a public park with prior city approval for a special event. (Ord. 2023-15, 2023)

A. A mobile food vendor shall: 1. Operate in compliance with all applicable standards of the county of Monterey health department and the California Health and Safety Code. 2. A mobile food vending license issued pursuant to this chapter must be prominently displayed on the mobile food vending vehicle at any time vending occurs. 3. Not display, sell, or exchange any item other than food and/or beverages within city limits. 4. Not display, sell, or exchange any beverage containing alcohol. 5. Comply with all applicable food labeling requirements established by the state of California. 6. At all times operate in compliance with the California Vehicle Code, the Monterey Municipal Code, and all posted parking, stopping, and standing restrictions. 7. Provide garbage, recycling, and food waste receptacles for immediate use by customers. 8. Pick up, remove, and dispose of all garbage and/or materials and food waste dispensed from the vending vehicle and any residue deposited on the street from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a twenty-five-foot radius of the location where mobile food vending is occurring. 9. Operate in compliance with Chapter 8.50, prohibiting polystyrene foam containers, and Chapter 8.60, governing the use of single-use carryout bags. 10. Store all vehicles and foodstuffs at an approved commissary or commercial location approved by the county of Monterey health department. No mobile food vending vehicle shall be stored at any residential property within the city. B. Operation on Public Streets. In addition to the requirements in subsection A of this section, a mobile food vending vehicle on a public street or highway shall: 1. Comply with all operating conditions imposed in the mobile food vendor license.

Operate only from public streets with adequate curb, gutter, and sidewalk improvements. 3. Not conduct business or operate on the same block for any longer than allowed by parking restrictions on the block, but in no event for longer than three hours, and shall not within a period of two hours again operate such vehicle within the limits of such block. 4. Not conduct business or operate within one block of any public or private school grounds on days that school is open between the hours of eight a.m. and five p.m. 5. Only conduct business from a licensed vehicle, wagon, trailer, or truck on a public street while parked in a legal parking space. 6. Only conduct business from the following rights-of-way: a. All side streets within one block of Del Monte Boulevard, Imjin Parkway, and Reservation Road; provided, that the streets are not adjacent to R-1 single-family residential zoning districts; b. Healy Avenue between Marina Drive and Paul Davis Drive; c. Neeson Road; d. Paul Davis Drive; e. Other public streets adjacent to industrial, commercial, or mixed-use zoning districts; provided, that the streets are not adjacent to R-1 single-family residential zoning districts. 7. Only conduct business in rights-of-way adjacent to commercial, industrial, airport, multifamily residential, or open space zones between the hours of seven a.m. and eleven p.m. 8. Not operate in yellow commercial loading/unloading zones, white passenger zones, or red “no parking” zones. 9. Not encroach into a bicycle lane with any portion of a mobile food vending vehicle. 10. Not dispense food or beverages to persons in other vehicles or from other than the curbside of the vending vehicle when the vehicle is parked in the right-of-way. 11. Not encroach onto a public sidewalk with any part of a vehicle, wagon, trailer, or truck, or any other equipment or furniture related to the operation of the business without a minimum five-foot clearance. C. Operation on Private Property. In addition to the requirements in subsection A of this section, a mobile food vending vehicle operating on private property shall: 1. Confine the entire operation to private property, including queueing of patrons. 2. Not encroach onto a sidewalk or other on-site route of access to the private property with any part of a vehicle, wagon, trailer, or truck, or any other equipment or furniture related to the operation of the business without a minimum five-foot clearance.

Provide the city with documentation from the property owner indicating permission to operate on the premises has been granted. 4. Only operate on parcels that allow industrial, commercial, or mixed uses. 5. Operate in compliance with the parking requirements in Chapter 17.44. Use of parking areas for the mobile vending vehicle shall not reduce the number of parking spaces for the established use below the standard required in the Marina Municipal Code. (Ord. 2023-15, 2023)

A. The city manager or designee shall have the authority to suspend or revoke the mobile food vending license for any reason, including but not limited to violation of any provision of the license, this chapter, the Marina Municipal Code, the county of Monterey health department, or state law. B. Any person whose application has been denied, or whose mobile food vending license has been suspended or revoked may appeal the decision pursuant to Chapter 17.70. (Ord. 2023-15, 2023)

A. A sidewalk vendor shall not operate without a valid sidewalk vending license and business license issued by the city. B. A sidewalk vendor shall comply with all applicable food labeling requirements established by the state of California in California Government Code Chapter 6.2, Sections 51036 through 51039, as may be amended. C. A sidewalk vendor shall comply with Chapter 8.50, prohibiting the use of polystyrene foam containers, and Chapter 8.60 governing use of single-use carryout bags. D. Operation in Residential Zones. In addition to the requirements in subsections A through C of this section, the following restriction applies to sidewalk vendors operating in residential zones: 1. Roaming and stationary sidewalk vendors shall operate between the hours of nine a.m. and seven p.m. (Ord. 2023-15, 2023)

Mobile food vendors or sidewalk vendors that are not operating in compliance with this chapter are considered to be in violation of the Marina Municipal Code, and subject to enforcement under Chapters 1.08, 1.10 and 1.12. (Ord. 2023-15, 2023)

10.48.010 10.48.020 10.48.030 10.48.040 10.48.050 10.48.060