Mountain View Municipal Code Div. 1 Generally

Mobile vendors create a potential for safety hazards, including interfering with motorists and pedestrians and visibility when parked, due to their height and bulk; creating pedestrian conflicts on already congested sidewalks, particularly in the downtown area; preventing normal turnover of the city's very limited on-street parking spaces, resulting in motorists becoming distracted and slowing traffic while looking for parking spaces; encouraging pedestrian crossings midblock to make purchases from mobile vendors; placing equipment and furniture on public sidewalks, creating potential hazards and obstructing sidewalks used by pedestrians.

The city's downtown area has high levels of pedestrian and motor vehicle traffic and, according to the 2011 Parking Study, the downtown area is underparked, further contributing to driver distractions in a highly trafficked area.

Ensuring that mobile vendors are operated safely benefits the health, safety and welfare of all residents, patrons and businesses of the City of Mountain View.

Regulating the location and hours of operation of mobile vendors also benefits the health, safety and welfare of city residents, patrons and businesses because the operation of mobile vendors at inappropriate hours, or at inappropriate locations, creates traffic hazards, obstruction of adjacent sidewalks to pedestrians, and unwanted noise, littering and loitering at a particular location.

The regulation of mobile vendors on private property is also consistent with the city's interest in the aesthetics of the community and promoting economic development on private property.

The purpose of these regulations is to advance the city's interest in public safety and protecting the public.

(Ord. No. 7.13, 6/11/13; Ord. No. 7.19, § 1, 6/11/19.)

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

a. Ancillary use. "Ancillary use" shall mean the use of a portion of the property which is used for a purpose that is subordinate to the main use of the property. A mobile vendor who is temporarily vending on private property shall be considered an ancillary use to the main use of the property and is not a separate use that must comply with the zoning code, Chapter 36 of the City Code.

b. Downtown area. "Downtown area" shall mean the commercial districts of the downtown precise plan area of the city.

c. Finance director. "Finance director" shall mean the finance and administrative services director of the City of Mountain View or his/her designee.

d. Food. "Food" shall include all articles used for food, drink, confectionery, or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.

e. Health officer. "Health officer" shall mean the county health officer, his/her assistants, or authorized deputies acting as health officers of the city.

f. Mobile food vendor. "Mobile food vendor" shall mean any mobile vendor who sells or offers for sale food, and includes any person who engages in such operations as an agent or employee of a food vendor.

g. Mobile vendor. "Mobile vendor" shall mean any person who, on or along any street or sidewalk, or operating any vehicle or other mobile unit on private property, sells or offers for sale any goods, wares, merchandise, services, food, or other things of value from a cart, stand or other structure, from his/her person, or from a vehicle or other mobile unit, and includes the person who engages in such vending operations as an agent or employee. Mobile vendor shall include a "sidewalk vendor" as defined in subsection n. Catering services that do not meet this definition of a mobile vendor are subject to Article I of this chapter. Mobile vendors do not include outdoor retail sales of adjacent businesses or on-demand mobile fueling operators subject to Chapter 14 of the City Code.

h. Other mobile units. "Other mobile units" shall mean any vehicle, truck, trailer, cart, wagon, dray, conveyance or structure not firmly fixed to a permanent foundation which does not specifically require a license to operate by the department of motor vehicles of the state.

i. Person. "Person" shall mean all domestic and foreign companies, corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, or common-law trusts, societies and individuals.

j. Police chief. "Police chief" shall mean the police chief of the City of Mountain View or his/her designee.

k. Principal mobile vendor. "Principal mobile vendor" shall mean the mobile vendor in charge of a particular vending operation and the named applicant, rather than a vendor who is working as an agent or employee of another vendor.

l. Processed meats. The term "processed meats" shall mean any meat or meat food product that has been canned, potted, cased, cooked, cured or otherwise prepared for human consumption under the inspection, and carrying the brand, of an official meat inspection service approved by the bureau of meat inspection of the state department of agriculture. This definition does not include fresh meat, cased fresh ground meat, fish or poultry of any kind.

m. Processing. "Processing" shall include cooking, mixing, blending, compounding or the preparation of foods for human consumption.

n. Sidewalk vendor. "Sidewalk vendor" shall mean the same as it is defined in Government Code Sec. 51036, as it may be amended from time to time.

o. Special event. "Special event" shall mean any event or location, other than on a street or sidewalk, on any individual property at which four (4) or more mobile vendors are operating at the same time, or total mobile vending operations on any individual property exceeds four (4) hours within any twenty-four (24) hour period.

p. Vehicle. "Vehicle" shall mean any automobile, truck, trailer or other conveyance requiring a license from the department of motor vehicles of the state.

(Ord. No. 7.13, 6/11/13; Ord. No. 2.15, § 2, 2/10/15; Ord. No. 1.17, § 9, 3/28/17; Ord. No. 7.19, § 1, 6/11/19.)

Every mobile vendor shall acquire a city business license in accordance with Chapter 18 of this Code for each cart, vehicle or other mobile unit from which vending is to be conducted as a condition of doing business in the city.

(Ord. No. 7.13, 6/11/13; Ord. No. 7.19, § 1, 6/11/19.)

The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity, including, but not limited to, Chapter 1 of this Code.

a. Violation of any of the provisions of this article, except for violations by a sidewalk vendor, shall constitute a misdemeanor and shall be criminally punishable as follows:

1. By a fine not exceeding one hundred dollars ($100) for a first offense;

2. By a fine not exceeding two hundred fifty dollars ($250) for a second violation of the same regulation within one (1) year;

3. By a fine not exceeding five hundred dollars ($500) for a third or subsequent violation of the same regulations within one (1) year.

b. Violation of any of the provisions of this article shall be punishable by an administrative fine in conformance with Government Code Section 51039 as follows:

1. Vending without a mobile vending permit shall be punishable by an administrative fine of an amount not to exceed:

(a) Two hundred fifty dollars ($250) for a first violation;

(b) Five hundred dollars ($500) for a second violation within one (1) year of the first violation; and

(c) One thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

2. Upon proof of issuance of a valid mobile vending permit prior to the date of violation, fines shall be reduced to the administrative fine amounts set forth in subsection 3.

3. Violations other than vending without a permit shall be punishable by an administrative fine not to exceed:

(a) One hundred dollars ($100) for a first violation;

(b) Two hundred dollars ($200) for a second violation within one (1) year of the first violation;

(c) Five hundred dollars ($500) for each additional violation within one (1) year of the first violation.

4. Additional fines, including, but not limited to, fees or assessments beyond those authorized in subsections 1. and 3. shall not be assessed, including, but not limited to, late penalties.

5. When imposing an administrative fine, the city shall provide notice of a person's right to request an ability-to-pay determination, and instructions and other materials for requesting an ability-to-pay determination will be made available. A person who meets the criteria set forth in Government Code Subdivision (a) or (b) of Section 68632 shall only be required to pay twenty (20) percent of the fine amount imposed, in full satisfaction thereof.

c. Each day on which a violation continues shall be deemed a separate punishable offense.

(Ord. No. 7.13, 6/11/13; Ord. No. 7.19, § 1, 6/11/19.)