Monrovia Municipal Code Ch. 5.88 Mobile Vendors

As used in this chapter, the term MOBILE VENDOR shall be as defined in § 5.04.030. BLOCK as used herein shall mean either side of the portion of any street between two consecutive intersecting streets. YOUTH SERVICES FACILITY as used herein shall mean a permanent location where services are being rendered to youths such as a Boys & Girls Club, YMCA or similar facility.

(Ord. 2010-20 § 2, 2010)

(A) A mobile vendor may park a mobile vendor vehicle or vend on a street subject to the following restrictions:

(1) The mobile vendor vehicle shall be operated and parked in full compliance with all applicable parking and Cal. Vehicle Code provisions including, without limitation, the parking, licensing and selling restrictions imposed by this Code. Mobile vendor vehicles shall be lawfully parked and shall not double park when selling merchandise. The business activity from the mobile vendor vehicle shall be conducted only from the side of the mobile vendor vehicle which is nearest to the street curb.

(2) The mobile vendor vehicle shall not obstruct pedestrian or vehicular traffic.

(3) The mobile vendor shall not distribute any item from the vending vehicle in a manner that causes any person to stand in that portion of the street that is between the vehicle and the center of the street.

(4) The mobile vendor shall not encroach onto a public sidewalk with any part of its vending vehicle or any other equipment or furniture related to the operation of its business.

(5) Music, noise or bells used in any mobile vendor vehicle shall not exceed five decibels above the ambient noise level when measured from the property line of any property located on the street on which the mobile vendor vehicle is located. All such music, noise or bells shall be turned off when the vehicle stops to sell merchandise or is passing in front of a public or private school or youth facility when in session.

(6) The mobile vendor shall not keep, maintain or operate any vending vehicle upon any public street within 300 feet of the nearest property line of any property on which a school building is located between the hours of 7:00 a.m. and 5:00 p.m. of any school day, unless authorized to do so in writing by the school principal and with a special event permit, if applicable.

(7) A mobile vendor vehicle shall not operate within 25 feet of any street intersection controlled by a crosswalk, traffic light, or stop sign.

(8) Mobile vendor vehicles shall be clearly marked with the vendor’s insignia, name, address, and telephone number on both sides of the vehicle. The name shall be depicted in letters at least three inches high and shall be of a color contrasting with the mobile vendor vehicle exterior.

(9) The mobile vendor shall obtain a valid business license from the city and shall carry a copy of the City of Monrovia business license with each mobile vendor vehicle from which sales are conducted. Vehicle stickers shall be placed conspicuously on each such vehicle.

(10) All food products sold or provided from the mobile vendor vehicle shall comply with all applicable food labeling requirements established by the State of California, and the mobile vendor must obtain all required permits, including without limitation, health permits, certificates or placards required and issued by the County of Los Angeles Health Department, to sell or provide such items.

(11) Mobile vendors may, with the written permission of the city be exempt from any of division (A)(1) through (7), inclusive, of this section when participating in an event subject and pursuant to a special events permit, or any other permit specifically authorizing such activity, issued by the city.

(12) Mobile vendors shall comply with all applicable state and local laws.

(Ord. 2010-20 § 2, 2010; Ord. 2012-08 § 2, 2012)

No person shall engage in, conduct or carry on the business of mobile vendor without first obtaining a certificate or approval from the Los Angeles County Health Department.

(Ord. 2010-20 § 2, 2010)

Any person engaged in, conducting or carrying on the business of mobile vendor shall have in force insurance in accordance with the requirements set forth below.

(A) Commercial general liability insurance shall be provided on Insurance Services Office-CGI Form No. CG 00 01 11 85 or 88. Policy limits shall be no less than $1,000,000 per occurrence for all coverage and $2,000,000 general aggregate applicable exclusively to this type of activity. There shall be no cross-liability exclusion. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance (primary or excess) available to the city, and any of its officials, employees or agents. Coverage for the additional insured shall apply to the fullest extent permitted by law excepting only the active negligence of the city as established by agreement between the parties or by the findings of a court of competent jurisdiction. The city and its officials, employees and agents shall be added as an additional insured using Insurance Services Office additional insured endorsement Form No. CG 20 10 11 85 or 88.

(B) Business auto coverage shall be written on Insurance Services Office Business Auto Coverage Form No. CA 00 01 06 92, including owned, non-owned and hired autos. Limits shall be no less than $1,000,000 per accident. This policy shall be scheduled as underlying insurance to any umbrella policy as applicable. If mobile vendor owns no autos, a non-owned auto endorsement to the general liability policy described above is acceptable.

(C) Workers’ compensation/employer’s liability shall be written on a policy form providing workers’ compensation statutory benefits as require by law. Employer’s liability limits shall be no less than $1,000,000 per accident or disease. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the city and all of its officials, employees, or agents.

(D) General conditions. Mobile vendors shall also adhere to the following provisions regarding insurance to be provided by such mobile vendor.

(1) Insurance provided pursuant to these requirements shall be written by insurers authorized to do business in the State of California and with a minimum Best’s Insurance Guide rating of A:VII. Self-insurance will not be considered to comply with these insurance specifications.

(2) The coverage required here will be renewed annually by the mobile vendor as long as the mobile vendor continues to provide any services within the city. Expiration of a policy during the license period shall automatically terminate the license.

(3) All available or applicable insurance coverage and limits provided by mobile vendor are intended to apply to the full extent of the policies. Nothing contained in any agreement relating to the city or its operations limits the application of such insurance coverage.

(4) Mobile vendor shall provide evidence of the insurance required herein, satisfactory to the city, consisting of:

(a) Certificate(s) of insurance evidencing all of the coverage required; and

(b) The mobile vendor shall, upon request by the city, provide complete, certified copies of any policies required by this section within ten days of such request. Any actual or alleged failure on the part of the city or any other additional insured under these requirements to obtain proof of insurance in no way waives any right or remedy of the city or any additional insured, in this or any regard.

(Ord. 2010-20 § 5, 2010)

This requirement shall include, but not be limited to keeping all mobile vendor vehicles free from graffiti and regularly painted, ensuring that mobile vendor vehicles do not leak fluids, and providing upon request proof of a safety check per guidelines consistent with the California Highway Patrol Standards.

(Ord. 2010-20 § 5, 2010)

No mobile vendor shall engage in vending unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the vending vehicle, marked with a sign requesting use by patrons. Prior to leaving the location, the mobile vendor shall pick up, remove and lawfully dispose of all trash generated by the mobile food vendor's operation located within a 25-foot radius of the mobile vendor’s location.

(Ord. 2010-20 § 5, 2010; Ord. 2012-08 § 3, 2012)

(A) Mobile vendors may park on private property at the request and with the consent of the person who is in legal control of the property or is performing lawful construction on the property for sale of food and drink to the employees of the person who is in legal control of the private property or is performing lawful construction on the property in commercial, manufacturing or Planned Development zones designated for commercial or manufacturing. The following restrictions apply:

(1) No sales shall be made to the general public;

(2) A mobile vendor vehicle shall not be parked for a period of more than three hours;

(3) Mobile vendors shall comply with § 5.88.020(A)(3) and further no music, noise or bells shall be used from 8:00 p.m. to 7:00 a.m.; and § 5.88.020(A)(6) through (8), and §§ 5.88.030, 5.88.040, 5.88.050, and 5.88.060; and

(4) Non-motorized vehicle or cart vendors are required to have a City of Monrovia business license with them when vending.

(B) Mobile vendor vehicles and non-motorized vehicles or carts for vending shall be allowed on private property in conjunction with a special event permit for activities such as filming for movies, a party, fair or carnival. Non-motorized vehicles shall be allowed on private property with the consent of the person who is in legal control of the property and with the approval of the Development Review Committee.

(Ord. 2010-20 § 5, 2010)

Non-motorized vehicles or carts for vending are prohibited on city streets, sidewalks, and parks. Under a special event permit, permission may be granted for mobile vendors and street vending from a non-motorized vehicle or cart in any zone. Vendors are required to have a City of Monrovia business license with them when vending. To be approved mobile vendors and street vending from a non-motorized vehicle must be in conjunction with a special event such as filming for movies, a party, block party, parade, fair or carnival.

(Ord. 2010-20 § 5, 2010)