Montclair Municipal Code Ch. 4.72 Food Truck Events and Food Truck Vendors

The purpose of this chapter is to protect the health, safety, and welfare of the community of Montclair by providing a set of regulations related to the operation of mobile food truck vendors on public or private property within the City. Unless specifically exempted by this chapter, food trucks shall only be allowed in conjunction with an approved food truck vendor permit pursuant to the requirements set herein.

(Ord. No. 18-976, § 2, 5-21-18)

A. No person or entity shall operate, allow to operate or contract to operate, a food truck vehicle at any location within the City of Montclair without an approved food truck event permit (short term or extended term) or other entitlement as required by this chapter. Food truck operators shall further be required to obtain a valid business license and food truck vendor permit prior to commencement of operations of any food truck vehicle in the City. Upon being granted a business license and food truck vendor permit, the vendor shall comply with any and all requirements and prohibitions regarding sales, operations, locations, and restrictions contained in this chapter and all other applicable laws and regulations, including State, County, and City rules and regulations. The failure to do so may result in the revocation or suspension of the business license and mobile food vendor permit.

B. Exemptions. The food truck event requirements of this chapter shall not apply to:

1. Food Truck Events permitted pursuant to another land use entitlement (e.g., conditional use permit);

2. Any City-sponsored event where the operator(s) of each food truck are operating pursuant to a valid contract with the City; or

3. Events sponsored by the Public School District and held entirely on school property.

(Ord. No. 18-976, § 2, 5-21-18)

A. Sponsors/Applicants. All food truck events shall require written property owner approval, and must be sponsored by a business which is legally established to operate at the site. Only the property owner or a party designated as the owner's agent may submit a food truck event application. The food truck vendor, and event sponsors and/or property owner, shall be jointly responsible to ensure food trucks are in full compliance with the operational standards of this chapter.

B. Days and Hours of Food Truck Operations. Food trucks may operate in accordance with the following time frames:

1. Monday through Thursday: Between the hours of 5:00 p.m. to 10:00 p.m.

2. Friday through Sunday and National Holidays: Between Noon to 11:00 p.m.

The maximum number of hours shall not exceed five consecutive hours of operation per day, allowing 30 minutes for set up, and 30 minutes to clean up and depart the site.

C. Short-Term Food Truck Events.

1. Allowed in any commercial, industrial, or mixed use district, or within a residential district when held at an established institutional use (e.g., religious, non-profit organizations, public agencies, or other similar uses as determined by the Director).

2. A separate food truck vendor permit shall be required for each food truck at each location.

3. Maximum of three days per event.

4. Maximum of four such events per year, separated by a minimum of 30 calendar days between each event.

D. Extended Food Truck Event.

1. Allowed in any commercial, industrial, or mixed use district (except at service or gas station sites).

2. Maximum operation limited to three days per week.

3. Multiple food trucks may be allowed for larger events, if approved by the City.

4. A separate food truck vendor permit shall be required for each food truck at each location.

5. An extended term food truck event permit is valid for a maximum period of six months at a time. Permit is renewable if no confirmed violations of this chapter have been reported, or have been appropriately resolved. If substantial changes to the event as approved by the original application are proposed, a new application shall be required.

(Ord. No. 18-976, § 2, 5-21-18)

A food truck event shall comply with the following minimum site requirements:

A. The proposed site shall be appropriately developed and the surfaces on which food trucks will be parked shall be paved with concrete, asphalt or another impervious surface. Use of vacant and/or undeveloped property for a food truck event shall not be allowed;

B. The event location shall not be closer than 500 feet to any public school property or city park, unless as part of an approved event sponsored by the City or school district;

C. No food truck shall be located less than 50 feet from the property line of any adjacent residential use, as measured from the closest point of the food truck to the nearest property line of the residential parcel; and

D. A minimum distance of at least 100 feet shall be provided from the closest point of the food truck to the front door of any established brick and mortar restaurant or outdoor dining area while the restaurant is open for business.

(Ord. No. 18-976, § 2, 5-21-18)

Applications for a food truck event (FTE) permit shall be obtained from, reviewed, and approved by the Community Development Director in consultation with other City departments having jurisdiction. A complete application, including a site plan, and application fee, shall be submitted to the City for review at least 10 working days in advance of the proposed food truck event.

Upon receipt of a completed FTE application, the Community Development Director shall:

A. Consult with all applicable City departments having jurisdiction, including but not limited to Community Services, Public Works, Building, Engineering, Police, Fire, and Code Enforcement.

B. Determine compliance with the California Environmental Quality Act (CEQA) for the event. A review will determine whether the categorical exemptions of the CEQA Guidelines are applicable. If a categorical exemption for the food truck event cannot be established the event shall be subject to further environmental review.

C. Determine whether the event is generally compatible with existing uses on the site and on surrounding properties, and whether the subject property is of adequate size and properly developed to accommodate proposed food truck event so that:

1. Confirm that no part of the event or any food truck shall be located within the public right-of-way, and visibility of an intersection, traffic control signals, signs or lights, located on or off the site, shall not be blocked;

2. Confirm that an adequate number of, and access to, on-site parking spaces shall be maintained for other uses during regular business hours;

3. Confirm that adequate on-site vehicular circulation and emergency access to the site shall be maintained;

4. Confirm that access to any disabled person parking space or required path of travel to building entries shall not be impeded;

5. Confirm that the site provides adequate lighting for evening events; and

6. Confirm Restroom Availability. Food trucks operating for more than one hour at an approved event shall provide customers and employees access to restroom facilities within 200 feet of the food truck location. Restroom facilities shall include operational toilets and hand-washing facilities with potable water, soap, and paper towels. The number of provided restrooms shall meet the minimum required to support the event pursuant to the current adopted California Plumbing Code or as otherwise required by the Building Official.

D. Based on the findings from the above review, the Director may approve, request a modification of, or deny the application. In the event of a denial, the Director shall notify the applicant of the department's determination and no permit shall be issued until compliance with all requirements or conditions can be met.

E. Where unusual circumstances exist, the Director may require another form of appropriate land use approval where, due to the magnitude or longevity of the event, the food truck even permit is determined to be inadequate to address all impacts.

(Ord. No. 18-976, § 2, 5-21-18)

Food truck vendors operating on private or public property shall comply with the following requirements:

A. All food truck vendors shall obtain, maintain, and display in plain view, a current and valid City of Montclair Business License and San Bernardino County Health Department Permit. Food truck vendors shall be fully responsible for complying with County Health Department requirements for the operation of the food truck, including but not limited to the, storage, cooking, and serving of food items.

B. All food trucks shall be occupied and supervised by the permitted owner or authorized operator of said vehicle at all times.

C. Food trucks shall only stop, stand, or park on surfaces paved with concrete, asphalt or another impervious surface.

D. All food preparation, cooking and storage shall occur inside the permitted vehicle or at an approved commissary off site.

E. Only food and non-alcoholic drinks shall be sold from food trucks. Alcoholic beverages may be allowed subject to City approval and authorization from the Department of Alcoholic Beverage Control (ABC).

F. The sale of non-food items, or the performance of professional or personal services, shall not be provided from a food truck.

G. No food shall be prepared, sold, or displayed outside of the food truck vehicle.

H. Food truck vendors and food truck event organizers shall be responsible for managing customer queuing and for ensuring that safe pedestrian accessibility is maintained. While operating a food truck vehicle, vendors shall keep customers and other patrons from blocking any streets, sidewalks, paths, driveways, doorways, and other avenues of vehicular and pedestrian traffic.

I. Food trucks shall be maintained in a clean and presentable condition at all times free from graffiti, body damage, or obvious signs of deterioration (e.g., peeling paint, rust, etc.).

J. All grounds used by a food truck vendor shall be maintained at all times in a clean and presentable condition. Any trash or spills of food by-products shall be immediately cleaned up, and dumping of gray water onto the ground or public streets shall not be allowed.

K. Grease and liquid waste shall not be disposed of in or upon unapproved locations, including tree wells, storm drains, sanitary sewer systems or public streets. The food truck vendor shall collect and properly contain any new or used fat, oil, or grease substances, and shall remove from the premises said substances for disposal at an approved facility.

L. Trash and recycling containers shall be provided for use by patrons of the food truck vendor. All containers and their contents shall be removed from the site at the conclusion of business activities. No refuse or waste generated during the event shall be disposed in any public trash receptacle.

M. The sale or service of alcoholic beverages for an outdoor event associated with food trucks may occur only when specifically permitted by the City, and when appropriate permits from the California Department of Alcoholic Beverage Control (ABC) have been obtained.

N. All food trucks shall be entirely self-sufficient in regards to utilities (e.g., gas, electricity, water, etc.) necessary to operate independently and efficiently.

O. No off premise signs, including free standing signs, may be displayed. Signs on or within the truck may be exhibited.

P. Food trucks and associated events are subject to the City of Montclair Noise Ordinance. No horns, amplification systems, sound-producing devices/music systems, radios, televisions, which can be heard outside of the immediate area of any mobile food truck, may be used.

Q. Outdoor live entertainment as defined by the Montclair Municipal Code shall be subject to separate review and approval of an Entertainment Permit by the Community Development Director and Chief of Police.

R. No tables, chairs, furniture or other devices to provide customer seating shall be allowed unless expressly authorized by the City.

S. Restroom facilities shall be maintained in a clean working order for employee and customer use, including operational toilets and hand-washing facilities with potable water, soap, and paper towels.

T. No overnight parking of a food truck or trailer shall be permitted. Food trucks shall be removed from the site when not in operation and/or at the end of an approved event.

(Ord. No. 18-976, § 2, 5-21-18)

No food truck vendor, or sponsor of a food truck event, shall:

A. Operate a food truck event in a manner that would create a public or private nuisance;

B. Knowingly allow any person on the site of a food truck event, to cause or create a disturbance in, around, or near the location of the event by offensive or disorderly conduct;

C. Knowingly allow any person to consume, distribute, possess, or sell any alcoholic beverage on the site of the food truck event, except as expressly allowed as a condition of the permit and in compliance with the laws and regulations enforced by the State Department of Alcoholic Beverage Control; or

D. Knowingly allow any person to illegally consume, distribute, possess, or sell any controlled drug or dangerous substance in, around, or near any location of a food truck or food truck event.

(Ord. No. 18-976, § 2, 5-21-18)

A. A food truck event permit shall expire in compliance with the terms of the permit. A food truck event permit shall not be transferable to any other date, organization, person, place, or time.

B. A food truck vendor permit shall not be assignable in whole or part, nor any portion of the food truck sublet to another vendor.

(Ord. No. 18-976, § 2, 5-21-18)

The Director may suspend or revoke, any food truck event, or food truck vendor permit issued pursuant to this chapter based upon reasonable cause, which may include any one or more of the following reasons:

A. Nonpayment of required fees or deposits to the City;

B. Violation of any permit condition;

C. Violation of any law involving the operation of the food truck event; or

D. An emergency situation constituting an immediate threat to the public health, safety or welfare as determined by the Director and/or Chief of Police.

(Ord. No. 18-976, § 2, 5-21-18)

The Director's decision to approve, condition, deny, suspend or revoke any food truck event permit may be appealed to the City Manager by filing written notice with the City Clerk on forms provided by the City.

All appeals shall be in writing and shall contain the following information: (a) name(s) of the person filing the appeal (appellants); (b) a brief statement in ordinary and concise language of all grounds for the appeal; and (c) the signatures of all parties named as appellants and their mailing addresses. A uniform fee, as established by the city council by resolution, shall be paid to the city upon the filing of each appeal.

After receiving a complete written appeal, the Director shall schedule a hearing before the City Manager. The City Manager may then review the determination or decision of the director in the matter appealed from, and may approve, disapprove or modify such determination or decision. The action of the City Manager under this section shall be final and conclusive.

(Ord. No. 18-976, § 2, 5-21-18)

All violations of this chapter are declared to be a public nuisance and may be abated by the city in such manner as provided by law. All violations of this chapter are declared to be a misdemeanor, pursuant to City Code, and may be punished as provided therein. The remedies set forth in this chapter are non-exclusive and the city may seek any and all legal and equitable relief permitted by law in addition to those remedies set forth in this chapter.

(Ord. No. 18-976, § 2, 5-21-18)