McFarland Municipal Code Ch. 5.46 Mobile Food Establishments

The purpose of this chapter is to provide a clear and concise explanation of the necessary process in forming a mobile food establishment, the requirements necessary, and the standards that are applied to ensure a safe and equal opportunity for all applicants, residents, and property owners.

(Ord. No. 12-2024, § 2(Exh. A), 9-25-24)

The following words and terms shall have the following meanings:

"Mobile food establishment" shall mean a food service operation that is operating from multiple movable motor-driven vehicles or portable structures that are able to change locations. It may operate as one of two types of mobile food operations:

1. A restricted unit that offers only pre-packaged food in individual servings; beverages that are not potentially hazardous and are dispensed from covered urns or other protected vessels; and packaged frozen foods. Preparation, assembly or cooking of foods is not allowed; or

2. An unrestricted unit that may serve food as allowed in subsection (1) [above], and may cook, prepare and assemble a full menu of food items;

a. Except as provided in subsection (b) below, an unrestricted unit must be secured and completely enclosed; and

b. Foods such as hot dogs, coffee, or shaved ice, or food with prior approval from the environmental health department, may be served from vehicles with three sides and a cover.

"Food vending vehicle" includes any vehicle from which any type of food or beverage is sold or offered for sale directly to any consumer and is permitted to operate pursuant to this chapter.

"Operator" means a person who operates a mobile food establishment.

(Ord. No. 12-2024, § 2(Exh. A), 9-25-24)

A mobile food establishment is permitted in C-O, C-1, CRMU, C-2, CH, M-1, M-2, and M-3 zones. However, a mobile food establishment shall not be allowed unless the community development director finds that the proposed mobile food establishment complies with the definition and requirements.

(Ord. No. 12-2024, § 2(Exh. A), 9-25-24)

All food vending vehicle business owners shall comply with the following requirements:

A. Each food vending vehicle business at the mobile food establishment must obtain a food vending vehicle permit pursuant to this chapter.

B. Each food vending vehicle business shall maintain a valid business license from the City of McFarland.

C. Each food vending vehicle shall maintain a valid permit from the County of Kern through its public health services department.

(Ord. No. 12-2024, § 2(Exh. A), 9-25-24)

A. Applicant shall submit a complete master uniform application for a mobile food establishment on forms approved by the community development director or designee and shall be signed under penalty of perjury by the applicant.

1. Applicant intending to operate on private property as a mobile food establishment:

a. Must attach to the application a plot plan drawn to scale, showing the location of utilities, improved parking areas, location of permanent and temporary structures, curb cut and/or driveways and identifying the nearest available source of potable water, sanitary facilities and fire hydrants and the food vending vehicle has permission to use;

b. Need written authorization signed and dated by the current property owner regarding the location of the mobile food establishment business on the owner's property;

c. Each food vending vehicle intending to operate on the property will be required to apply for a food vending vehicle permit and complete the permit requirements per [Section] 5.46.040.

i. Must attach to the application a plot plan drawn to scale, showing the location of utilities, and location of permanent and temporary structures.

d. Need a copy of an approved conditional use permit if applicable.

(Ord. No. 12-2024, § 2(Exh. A), 9-25-24)

A. The community development director or designee shall approve or deny an mobile food establishment application within sixty days of receipt.

B. The community development director or designee may deny or revoke a food vending vehicle permit whenever it is determined that the applicant has done any of the following:

1. That misrepresentations were made on the application.

2. That the business owner or any manager of the food vending vehicle business has been convicted of a crime substantially related to the qualifications, functions, or duties of the food vending vehicle business for which application is made, unless he or she has obtained a certificate of rehabilitation.

3. That any of the terms or conditions of the permit or regulations under this chapter have been violated, or that the food vending vehicle business has been operating in violation of local ordinance, state, or federal law.

4. That the food vending vehicle business is interfering with the peace and quiet of the neighborhood.

5. That the safety of persons or real or personal property requires such revocation.

6. That the property owner transferred or assigned his, her or its interest in the property.

(Ord. No. 12-2024, § 2(Exh. A), 9-25-24)

A. May not operate adjacent to an existing restaurant.

B. Each mobile food vendor must be parked on a paved area.

C. A drive-in service is not permitted.

D. Exterior lighting must be hooded or shielded so that the light source is not directly visible to a residential use.

E. Electrical service may be provided only by:

1. temporary service or other connection provided by an electric utility; or

2. an onboard generator.

F. Water service may be provided by:

1. containers of commercially bottled drinking water.

2. closed portable containers.

3. an enclosed vehicular water tank.

4. an on-premises water storage tank.

5. piping, tubing, or hoses connected to an adjacent approved source.

G. A mobile food establishment shall not conduct business between the hours of ten p.m. and nine a.m.

H. Must provide at least one trash receptacle and one recycling receptacle for use by patrons within twenty feet and in a convenient location that does not impede pedestrian or vehicular traffic.

I. Upon vacating the site, must collect and remove the aforementioned trash receptacles and all litter and debris generated within a minimum fifty-foot radius of each food vending vehicle.

J. No selling or serving alcohol.

K. No selling to persons in vehicles.

L. No discharge or cause to be discharged to a public sewer, any waste which directly or indirectly connects to the city's sewerage systems.

M. No obstruction or interference with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any business, public building, or dwelling unit.

N. No restriction of visibility at any driveway or intersection.

O. Permanent or portable restrooms and handwashing facilities must be available for use during food preparation and customers.

P. Any signs connected to the individual food vending vehicles are limited to those attached to the exterior of the mobile food vehicle and must be:

1. secured and mounted flat against the mobile food establishment; and

2. may not project more than six inches from the exterior of the mobile food vehicle.

Q. Any signs for the mobile food establishment, except for those attached to the mobile food vehicles, must go through the process indicated in Chapter 17.142.

(Ord. No. 12-2024, § 2(Exh. A), 9-25-24)

A. The noise level of mechanical equipment or outside sound equipment used in association with a mobile food establishment may not exceed seventy decibels when measured at the property line that is across the street from or abutting a residential use.

B. No amplified sound or loudspeakers. Must comply with the noise limits in Chapter 12.24

(Ord. No. 12-2024, § 2(Exh. A), 9-25-24)

A. Parking standards shall comply with the provisions of Chapter 17.144.

B. On-site Parking Area. Parking areas shall be located where customers have easy and convenient access.

C. Parking shall not be located on street corners.

D. Joint Use Parking. Parking shall be developed as joint use parking areas under the provisions outlined in Chapter 17.144.070.

E. Parking area shall be paved to prevent any dirt.

(Ord. No. 12-2024, § 2(Exh. A), 9-25-24)

A. The following types of mobile food vending operations are not limited by zoning restrictions with the written consent of the property owner and an applicable permit from the city:

1. School property.

2. Hospital property.

3. Religious facility.

B. Private catering events is exempted from the mobile food establishment process, but must comply with following requirements.

1. The requirements for a private event is the following.

a. The food vending vehicle is parked entirely on private property.

b. Service is limited to private guests of the catering host.

c. Payment occurs directly between the catering event host and the food vending vehicle business owner. No payment transactions shall occur for individual orders.

(Ord. No. 12-2024, § 2(Exh. A), 9-25-24)

A. Except as provided in this chapter, any person aggrieved by the issuance, denial or revocation of application pursuant to this chapter may appeal such decision to the city council by filing a written notice of such appeal with the city clear within five business days of the decision of the community development director, city manager, city council, or designee, giving rise to said appeal. Such appeal shall set forth, with particularity, the facts upon which the appeal is being made. The city council shall, within thirty days of receiving such notice of appeal, hold a hearing. At such hearing, the aggrieved party is entitled to be heard and present evidence on his or her behalf. The city council shall determine the merits of the appeal, and the city council's determination to grant or deny the appeal shall be final. When the necessity for a timely response so requires, the city council may refer to the matter to the community development director.

1. Any applicant for a mobile food establishment who is engaging in or intends to engage in "expressive activity" as defined in this chapter and who is aggrieved by the denial or revocation of a permit pursuant to this chapter may, at his or her election, appeal to the city council in accordance with this section. However, any appeal taken pursuant to this section may, by necessity, involve the postponement or delay of the activity for which a permit is sought.

(Ord. No. 12-2024, § 2(Exh. A), 9-25-24)