McFarland Municipal Code Ch. 5.44 Vending from Vehicles

Footnotes:

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Editor's note— Ord. No. 310-2006, § 1, adopted May 11, 2006, repealed the former Chapter 5.44, §§ 5.44.010—5.44.030, and enacted a new Chapter 5.44 as set out herein. The former Chapter 5.44 pertained to businesses conducted from vehicles and derived from Ord. No. 247, 1992 and Ord. No. 250, 1992.

The following words and terms shall have the following meanings:

"Goods" means items and products of every kind and description including, without limitation, all food, produce and beverage items.

"Vehicle" shall have the same meaning as in the Vehicle Code of the state of California.

"Vendor" means any person who engages in the act of selling or offering for sale any goods from a vehicle or who drives or otherwise uses any such vehicle for the purpose of selling or offering for sale any goods therefrom.

(Ord. No. 310-2006, § 1, 5-11-06)

Any person wishing to be a vendor in the city must comply with the same conditions as peddlers and solicitors more particularly described in Chapter 5.32 of this code and each of the provisions in Chapter 5.32 are hereby made applicable to vendors. No person may be a vendor in the city without first complying with each and every requirement under Chapter 5.32. Notwithstanding the foregoing, no more than twenty vendors may be licensed in any calendar year. Permits shall be issued first to those vendors with existing permits requesting renewals of same provided the request for renewal is made on or before July 15 following expiration of the permit and, thereafter, on a first - come - first - serve basis for remaining permits, if any; provided, however, that the city may choose not to issue a permit to any applicant who has violated city regulations or the conditions of its license or failed to follow any other regulations of any other governmental jurisdiction.

A. Mobile Non-Food Vending.

1. Ten vendor permits are available for sales of non-edible good and services.

B. Mobile Food Vending.

1. Twelve vendor permits are available for the mobile sales of any type of edible goods or beverages.

2. No more than five mobile vending permits may be for ice cream vendors and no more than four mobile vending permits may be taco trucks.

C. Holders of non-food or food vendor permits may use such permits for a maximum of two vehicles and/or self-propelled, or motorized devices.

D. Owner/vendor shall not obtain more than one permit within the city to conduct sales of similar goods.

E. Owner/vendor shall provide a certificate of vehicle insurance, liability insurance and workers compensation insurance, where applicable.

(Ord. No. 310-2006, § 1, 5-11-06; Ord. No. 324-2008, § 1, 10-15-08; Ord. No. 013-2011, § 1, 9-8-11; Ord. No. 0004-2021, § 4, 6-10-21; Ord. No. 8-2024, §§ 2, 3, 3-28-24)

A. No vendor shall sell or offer for sale any goods within three hundred feet from the exterior boundary of property used or occupied by any of the following:

1. A public or private school during the hours that school is in session;

2. A business establishment which is opened for business and is offering for sale the same or similar product as offered for sale by the vendor;

3. A restaurant, cafe, or eating establishment which is opened for business;

4. A public park at such times as a concession stand authorized by the public agency with jurisdiction over the park is operating;

5. Any city property where a city authorized concession stand is operating;

6. A church or other place for religious gathering during the hours of church services or church-related activities; and

7. Any permitted location where the vendor has sold goods or offered same for sale within a period of less than four hours.

B. No vendor shall sell goods or offer same for sale at any permitted location for a longer consecutive period of time than one hour.

C. No vendor shall sell goods or offer same for sale in violation of any of the provisions of this code or of the laws of any other jurisdiction.

D. No vendor shall obstruct or cause to be obstructed the passage of a sidewalk, street, or any other public place by causing people to congregate at or near the place where goods are being sold or offered for sale.

E. No vendor shall serve customers on the street side of the vehicle and the right wheels of the vehicle shall be parallel to and within twelve inches of the right hand curb or the right hand edge of the roadway.

F. No vendor shall sell or offer to sell goods in such a manner as to cause a traffic hazard.

G. No music which can be heard outside of the vehicle nor any sound amplification systems shall be used whenever the vehicle is stopped or parked.

H. Vendors shall maintain on the vehicle leak-proof, plastic or galvanized refuse receptacles with tight fitting lids. The vendor shall clean all public property surrounding the vehicle of all refuse generated by the vendor's activity. All wastewater must be retained in a spill-proof, leak-proof container maintained on the vehicle with a larger capacity than the water supply available on the vehicle.

I. No vendor shall set portable tables or chairs for customer use or promote a sit down dining environment at any location.

J. No vendor shall conduct business between the hours of ten p.m. and nine a.m.

K. All vendors preparing food in the vehicle by cooking, frying, or other similar means shall be equipped with at least one 2A-40-BC fire extinguisher.

(Ord. No. 310-2006, § 1, 5-11-06)

The provisions of this chapter shall be applicable to all persons and businesses described herein whether established before or after the effective date of the ordinance enacting this chapter into law.

(Ord. No. 310-2006, § 1, 5-11-06)

Every person violating or failing or neglecting or refusing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and, upon violation thereof, shall be punishable as provided for in Chapter 1.20 of this code. Each day any violation of any provision of this chapter shall continue shall constitute a separate offense.

(Ord. No. 310-2006, § 1, 5-11-06)

A mobile vendor may locate its vehicle and/or self-propelled, or motorized devices on private property as the mobile vendor adheres to the following standards and conditions:

A. A land use permit has been obtained from the city of McFarland Planning Department;

B. To provide edible or non-edible goods and/or services for persons employed at the private property for a period of thirty minutes or less; or

C. A lease agreement between property owner of land and vendor is provided to the city of McFarland and the property subject to the lease agreement is zoned such that operation of the mobile business is lawful.

(Ord. No. 0004-2021, § 3, 6-10-21)