Mendota Municipal Code Ch. 5.32 Motorized Itinerant Vendors

Footnotes:

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Editor's note— Ord. No. 19-05, § 4, adopted May 28, 2019, changed the title of ch. 5.32 from "Itinerant Merchandise Vendors" to read as herein set out.

For the purposes of this chapter, the following words have the meanings set out in this section:

"California Retail Food Code" shall mean Part 7 of Division 104 of the California Health and Safety Code, as amended from time to time.

"Commissary" shall have the same meaning as the term is used in the California Retail Food Code.

"Merchandise" shall mean any item of personal property whether tangible or intangible, or any service capable of sale.

"Mobile food facility" shall mean any motorized itinerant vendor who, in conjunction with a commissary or other permanent food facility, sells or distributes food at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.

"Motorized itinerant vendor" shall mean a person, other than a sidewalk vendor, engaged in the business of selling food, goods, wares, merchandise, or any other thing of value from a motorized unit.

"Motorized unit" shall mean the motorized vehicle from which a motorized itinerant vendor conducts business.

"Nonprofit organization" shall mean an organization which is capable of being so designated under the rules and regulations of the Internal Revenue Service.

(Ord. 91-04 § 8, 1991: prior code § 6.09.001)

(Ord. No. 19-05, § 4, 5-28-2019; Ord. No. 23-03, § 18, 9-12-2023)

A. In addition to the other requirements of this title, to apply for a motorized itinerant vendor permit, a person must file an application with the city manager accompanied by a nonrefundable application processing fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the finance department and shall contain, at a minimum, the following:

1. The legal name, current address, and telephone number of the applicant;

2. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;

3. A description of the food or merchandise offered for sale;

4. A description of the area(s) and time(s) in which the applicant intends to operate, including information regarding the impact of proposed operations on site access and available parking as applicable;

5. Sufficient information to determine whether the applicant will comply with the operating requirements set forth in Section 5.32.070;

6. A California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code;

7. Certification by the applicant that the information contained in the application is true to their knowledge and belief;

8. If the applicant intends to be a mobile food facility, certification of completion of a food handler course and proof of all required approvals from the Fresno County Department of Public Health, unless exempted from this requirement by the California Retail Food Code;

9. If the applicant intends to be a mobile food facility, proof of current commissary access and usage to the extent required by the California Retail Food Code.

10. Proof of liability insurance; and

11. Any other reasonable information regarding the time, place, and manner of the proposed vending.

B. If the application requests the applicant's social security number, the applicant may, in lieu of providing a social security number, provide a California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

(Ord. No. 23-03, § 19, 9-12-2023)

A. Subject to the limitations on the amount of motorized itinerant vendor permits and order of priority of applications for motorized itinerant vendor permits contained in this chapter, the city manager, or their designee, shall approve the issuance of a motorized itinerant vendor permit unless they determine that:

1. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

2. The applicant failed to provide a complete application after having been notified of the requirement to produce additional information or documents;

3. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in Section 5.32.100;

4. The applicant has failed to pay the motorized itinerant vendor fees required pursuant to Sections 5.32.015, 5.32.020, or 5.08.230; or

5. The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter.

B. If the motorized itinerant vendor permit application is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.

(Ord. No. 19-05, § 4, 5-28-2019; Ord. No. 23-03, § 20, 9-12-2023)

Editor's note— Ord. No. 19-05, § 4, adopted May 28, 2019, repealed § 5.32.020 and enacted new provisions to read as herein set out. Former § 5.32.020 pertained to prohibition, and derived from Prior code § 6.09.002; and Ord. No. 09-09, § 1, adopted July 28, 2009.

One motorized itinerant vendor permit shall be issued for each one thousand five hundred (1,500) residents or a portion thereof, in the city, as established by an official census.

(Ord. No. 19-05, § 4, 5-28-2019; Ord. No. 23-03, § 21, 9-12-2023)

Editor's note— Ord. No. 19-05, § 4, adopted May 28, 2019, repealed § 5.32.030 and enacted new provisions to read as herein set out. Former § 5.32.030 pertained to exceptions, and derived from Prior code § 6.09.003.

No permit granted pursuant to this chapter shall be transferable.

(Ord. No. 23-03, § 22, 9-12-2023)

New motorized itinerant vendor permits shall be issued to the qualified person who has applied for a motorized itinerant vendor's permit for the longest period of time. If there is no such person or it is impossible to determine the identity of that person, the new permittee shall be chosen by lot. Permit renewals shall be issued consistent with the provisions of Sections 5.28.020 and 5.28.060.

(Ord. No. 19-05, § 4, 5-28-2019; Ord. No. 23-03, § 23, 9-12-2023)

Editor's note— Ord. No. 19-05, § 4, adopted May 28, 2019, repealed § 5.32.040 and enacted new provisions to read as herein set out. Former § 5.32.040 pertained to violation—penalty, and derived from Prior code § 6.09.004.

A. A motorized itinerant vendor permit shall be valid for twelve (12) months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance.

B. Subject to the other provisions of this chapter, a person may apply for a permit renewal on a form provided by the city prior to the expiration of their active motorized itinerant vendor permit.

1. For cases involving reissuance of a motorized itinerant vendor permit for a mobile food facility, said renewal application shall provide proof of commissary usage for the previous twelve (12) months, unless exempted from those requirements by the California Retail Food Code.

(Ord. No. 23-03, § 24, 9-12-2023)

Whenever less than the maximum number of motorized itinerant vendor permits have been issued in the city, the city shall post notice in City Hall, mail notice to any person who held a motorized itinerant vendor permit during the prior year who failed to renew that permit, and mail notice to persons who made written request for such notice and paid a fee of five dollars ($5.00) to cover processing costs. Written requests for notice more than twelve (12) months old will not be honored.

(Ord. No. 19-05, § 4, 5-28-2019; Ord. No. 23-03, § 25, 9-12-2023)

Persons holding a motorized itinerant vendor permit shall have priority on the reissuance and renewal of their motorized itinerant vendor permits subject to the following conditions:

A. The motorized itinerant vendor permittee shall have complied with all provisions of this Code with respect to the operation of the motorized unit in the preceding twelve (12) months;

B. The motorized unit shall have been approved by the local health officer, unless exempted from this requirement by law; and

C. The motorized itinerant vendor permittee shall have actively exercised the motorized itinerant vendor permit during the prior permit period by operating in the city during substantially all of the permit period.

(Ord. No. 19-05, § 4, 5-28-2019; Ord. No. 23-03, § 26, 9-12-2023)

Motorized itinerant vendors shall comply with the following operating requirements:

A. No motorized itinerant vendor shall vend in the following locations:

1. Within fifty (50) feet from a permitted restaurant;

2. Within fifteen (15) feet of any street intersection;

3. Within ten (10) feet of any fire hydrant, fire call box, or other emergency facility;

4. Within ten (10) feet of any driveway, driveway apron, or alley approach;

5. Within five hundred (500) feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special permit;

6. Within five hundred (500) feet of a public or private school site during school hours, and not within one hour before or one hour after school drop off and pick up operations;

7. In any city-owned parking lot without prior written authorization from the city manager, issued at the city manager's sole discretion; or

8. On private property without the consent of the property owner and their confirmation the proposed vending operations will not impede site access, parking, or other applicable health and safety requirements and conditions applicable to the property.

B. Disposal of grease, water, or oil shall conform to all applicable health and safety requirements, including, but not limited to, those contained in the California Retail Food Code.

C. No motorized itinerant vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles.

D. Motorized itinerant vending is only permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows:

1. In residential areas, motorized itinerant vending shall only be permitted between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and between the hours of 9:00 a.m. and 6:00 p.m. on weekends and holidays.

2. In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

3. In park areas, sidewalk vending shall be permitted only during hours when the park is open to the public.

E. Motorized itinerant vendors shall provide a trash receptacle for customers and ensure proper disposal of customer trash. Prior to leaving any vending location, the motorized itinerant vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor's customers within a fifteen (15) foot radius of the vending location.

F. Mobile food facilities shall possess and display in plain view on the motorized unit a valid public health permit from the Fresno County Department of Public Health, unless exempted from this requirement by the California Retail Food Code.

G. Motorized itinerant vendors shall possess and display a valid motorized itinerant vendor permit issued pursuant to this chapter, as well as any other permit or license required by the city and any other appropriate governmental agency, at all times while vending.

H. Motorized itinerant vendors shall possess proof of current liability insurance at all times while vending.

I. Motorized itinerant vendors shall comply with all applicable federal, state, and local laws, including, without limitation, food preparation, handling, labeling, and storage requirements contained in the California Retail Food Code; fire codes and regulations; noise standards; alcoholic beverage, tobacco product, cannabis, electronic cigarette, smoking devices, and controlled substances regulations; sanitation and health standards set forth in this Code and the California Retail Food Code; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

J. Mobile food facilities shall comply with all applicable commissary use and vending-cart storage requirements contained in the California Retail Food Code.

K. Motorized itinerant vendors shall not place any type of fencing or other dividers around the motorized unit.

L. Motorized itinerant vendors shall not place tables, chairs, shade structures, or other furniture around the motorized unit.

M. Motorized itinerant vendors advertising signage must be attached to the motorized unit. No signs or displays may be placed on public property.

N. Motorized itinerant vendors shall not use any horns, music, lights, visual media, or sound amplifying devices that disturb the public peace and welfare in connection with vending operations unless expressly approved in their motorized itinerant vendor permit.

O. Motorized itinerant vendors shall not use electrical outlets owned by the city. Motorized itinerant vendors shall not run power cords or extension cords across the sidewalk or other public right-of-way.

P. Motorized itinerant vendors shall not attach to water lines, electrical lines, or gas lines while vending.

Q. Motorized itinerant vendors shall not vend to customers in vehicles.

R. Motorized itinerant vendors shall not sell lottery tickets, alcohol, cannabis, adult-oriented material, weapons, or tobacco or electronic cigarette products.

S. Motorized units shall not physically alter or otherwise damage the underlying sidewalk.

T. Motorized itinerant vendors shall immediately clean up any food, grease, liquid, or other item related to their vending operations that falls on public property.

U. Motorized itinerant vendors who operate after daylight hours shall provide adequate lighting sufficient to ensure customer safety. Such lighting shall be directed downward and away from adjacent properties.

V. Notwithstanding the other provisions of this section, the motorized itinerant vendor permittee may, by application for an encroachment permit and payment of required fees, request the city's approval for a temporary street-side location for its motorized unit. In addition, the motorized itinerant vendor permittee may, by application for an encroachment permit, and payment of required fees, request the city's approval for the temporary placement of tables and/or chairs on the city sidewalk, within the city's street right-of-way, adjacent to the motorized unit. In considering the motorized itinerant vendor permittee's encroachment permit application, the city shall make the following findings.

1. That adequate parking exists for customers of the temporary facility.

2. That placement of tables and chairs shall provide adequate setback for pedestrian traffic on the sidewalk, as demonstrated by a written site plan, and as demonstrated by placement on the sidewalk.

3. That tables and chairs shall only be allowed during the period of June 1 to September 30 of each year.

(Ord. No. 19-05, § 4, 5-28-2019; Ord. No. 23-03, § 27, 9-12-2023)

A. Whenever a motorized itinerant vendor operating under a permit issued pursuant to this chapter is violating any provision of this chapter or any applicable provisions of the California Retail Food Code, the city shall deliver a written citation enumerating the violations to the owner or any employee of the owner.

1. Upon receipt of a citation, the motorized itinerant vendor shall immediately cease all business operations conducted under the motorized itinerant vendor permit until the enumerated violations have been corrected.

2. If the permittee does not correct the violations within the time specified in the citation, and there is no appeal pending, then the motorized itinerant vendor permit shall be automatically revoked and the permittee must cease conducting any further business thereunder.

B. Once a motorized itinerant vendor permit has been revoked, the motorized itinerant vendor must apply for a new permit and pay a new fee as provided in this chapter.

C. The motorized itinerant vendor permittee may appeal the issuance of the citation to the city manager, or their designee, by submitting a request in writing to the city clerk within fourteen (14) days from the date the citation is issued.

(Ord. No. 19-05, § 4, 5-28-2019; Ord. No. 23-03, § 28, 9-12-2023)

Any person aggrieved by the decision of the city manager to issue, deny issuance, or rescind a motorized itinerant vendor permit may appeal the decision to the city council. An appeal shall be filed with the city clerk within fourteen (14) days following the date of the city manager's decision. The appeal must be in writing and must clearly state the applicant's reason for appealing the decision.

(Ord. No. 23-03, § 29, 9-12-2023)

The request for notice shall contain the following:

A. The name of the owner of the motorized unit;

B. The address of the owner;

C. The telephone number of the owner;

D. The license number of the motorized unit;

E. It shall be accompanied by the five-dollar ($5.00) fee and shall be dated and signed by the owner of the motorized unit.

(Ord. No. 19-05, § 4, 5-28-2019)

Any motorized itinerant vendor who operates within city limits without a permit or after their permit has been revoked is guilty of a misdemeanor. The owner, manager, and/or operator shall be responsible for any violation of this chapter.

(Ord. No. 19-05, § 4, 5-28-2019; Ord. No. 23-03, § 30, 9-12-2023)