Mission Viejo Municipal Code Ch. 14.20 Vendors on Public Highways

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Driver means every person in actual charge and control of any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables, ice cream or foodstuffs are sold, displayed, solicited, offered for sale, bartered or exchanged; or any lunch wagon or eating car or vehicle.

Owner means every person owning or controlling any vehicle, wagon, or pushcart from which goods, wares, merchandise, fruits, vegetables, ice cream or foodstuffs are sold, displayed, solicited, offered for sale, bartered or exchanged; or any lunch wagon or eating car or vehicle.

Vehicle means any vehicle, wagon, or pushcart from which goods, wares, merchandise, fruits, vegetables, ice cream or foodstuffs are sold, displayed, solicited, offered for sale, bartered or exchanged; or any lunch wagon or eating car or vehicle.

Vending means the sale or offering for sale of any goods or merchandise to the public from a vehicle. However, vending conducted in connection with, or as a part of, short-term special events is exempted from the regulations of this chapter.

(Ord. No. 92-81, § 2(14.20.80), 3-9-92)

Cross reference— Definitions generally, § 1.01.170.

It shall be unlawful for any person to engage in the act of vending within the city without first obtaining from the city a vendor's permit.

(Ord. No. 92-81, § 2(14.20.10), 3-9-92)

(a) Any person desiring to vend within the city shall submit an application for a vendor's permit. A nonrefundable processing fee to be set by city council resolution shall be submitted with the application.

(b) The application shall be forwarded to the county sheriff's department for verification of the licensing of the motor vehicles listed in the application to be used for vending purposes. The vendor's permit shall be approved, conditionally approved, or denied by the city manager based on whether the following criteria have been met:

(1) Payment of all applicable processing fees and license fees.

(2) Receipt and approval by the city attorney of appropriate certificates of insurance.

(3) A finding that neither the owner nor any person who will drive, operate, or vend from a vehicle has been found guilty of a misdemeanor of felony crime of moral turpitude or drug-related or sex-related misdemeanor or felony crime, including but not limited to the sale of a controlled substance; the sale, distribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; gambling or bookmaking; alcohol- or drug-related traffic offenses.

(4) Accurate completion of the application.

(c) The decision of the city manager may be appealed pursuant to section 2.04.100 of this Code.

(Ord. No. 92-81, § 2(14.20.20), 3-9-92)

(a) The city shall, upon receipt of a fully completed application for a vendor's permit, request the county sheriff's department to review the vehicle license information and conduct a criminal background check for each owner and operator listed in the application.

(b) The appropriate fees shall be paid prior to the background checks being conducted.

(c) In addition to receiving a vendor's permit, identification cards shall be issued to each owner and operator by the city.

(d) Any person found to have misrepresented any information will not be considered eligible for application for a background check/identification card for a period of one year.

(e) The identification card shall include a photograph. The card will be valid for a period of one year.

(f) The owner shall procure and maintain for the duration of the permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the activity authorized by the permit. Insurance requirements will be established by the city manager.

(Ord. No. 92-81, § 2(14.20.30), 3-9-92)

Any person found to be in violation of the vendor regulations of this chapter may have his vendor's permit revoked by the city manager following a hearing. In the event of revocation, the permittee shall have a right of appeal to the city council pursuant to Sections 2.04.100—2.04.130 of this Code. In the event of revocation, the permittee shall not be eligible to obtain a new vendor's permit for a minimum period of one year from date of notice of revocation.

(Ord. No. 92-81, § 2(14.20.70), 3-9-92)

It shall be unlawful for any owner to drive or cause to be driven any operated vehicle as defined in Section 14.20.010 of this chapter which is in a defective, unsafe or unsanitary condition. Every vending vehicle shall at all times during its operation be subject to the inspection of any officer of the city.

(Ord. No. 92-81, § 2(14.20.40), 3-9-92)

(a) Each vehicle from which fruits, vegetables, ice cream, or foodstuffs are sold shall have a valid county health inspection sticker affixed to the lower right side of the windshield.

(b) Each individual who drives, operates, or vends from a vehicle shall have on his person a current, valid state driver's license which he shall make available for inspection by law enforcement officials upon request.

(c) Each individual who drives, operates, or vends from a vehicle shall wear or carry the identification card issued by the city in a visible position upon his person at all times while vending. No person shall be allowed to ride in the vehicle before obtaining an identification card from the city.

(d) Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrappers, litter, or other refuse of any kind which were a part of the goods or merchandise supplied from the vehicle and which have been left or abandoned within 25 feet of such vehicle on any public property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such vendor or operator.

(Ord. No. 92-81, § 2(14.20.50), 3-9-92)

(a) No person shall vend from a vehicle which is stopped, parked or standing on any public street, alley or highway:

(1) Within 500 feet of any public or private school property or park adjacent to a public or private school.

(2) When the posted speed limit on the public street, alley or highway is 35 miles per hour or greater.

(3) When the vehicle is parked in violation of any other provision of this Code or the Vehicle Code of the state.

(4) When any part of the vehicle is open to prospective customers other than the side of the vehicle next to the right side of the street, alley or highway.

(5) When the vehicle is not stopped, parked, or standing on the right side of the street, alley or highway.

(6) When the prospective customer is standing or sitting in another vehicle.

(7) When the prospective customer is located in that portion of the street, alley, or highway which is open to vehicular traffic.

(b) No driver shall back a vehicle to make or attempt a sale.

(c) No owner or driver shall activate any device causing music or any loud noise to emanate therefrom for the purpose of attracting customers to the vehicle in such a manner as to annoy, disturb, injure or endanger the comfort, health, peace or safety of others within the limits of the city or in violation of this Code.

(Ord. No. 92-81, § 2(14.20.60), 3-9-92)

Any use of facilities or property that is owned, operated, and/or maintained by the city and scheduled for city-hosted or city-cohosted uses shall be deemed a use for city purposes, and shall be exempt from obtaining a vendor's permit listed in this chapter. Such determination shall be made through a permit issued by the director of recreation and community services department or his or her designee. Such use shall comply with all other provisions of this chapter.

(Ord. No. 17-324, § 12, 9-12-17)