Mountain View Municipal Code Div. 2 Permits

a. Each mobile vendor shall acquire a mobile vendor permit from the finance director and shall pay to the city an annual mobile vendor fee in the amount established by resolution of the city council before conducting business in the city. Permits shall be issued on a calendar-year basis, valid for one (1) year, and in the name of the principal mobile vendor. In cases in which the duration of the permit will be less than one (1) year, the finance director may prorate the amount of the fee based on the period of time during which the permit will remain valid. If the principal mobile vendor chooses to designate agents or employees, he/she must provide all of the information requested in Sec. 15.17 in his/her application for a mobile vendor permit. Except as set forth in Sec. 15.22, a proposed agent or employee is ineligible to vend in the city due to a revocation or suspension of a prior permit, and he/she will not be permitted to vend as an agent or employee of the principal mobile vendor. The city may charge an additional fee in the amount established by resolution of council for each agent or employee designated by the principal mobile vendor or business entity and approved by the city.

b. A mobile vendor must obtain all required local, state and/or federal permits to operate, in addition to any required city permits.

c. Exceptions. Mobile vendors vending any of the following are exempt from obtaining a mobile vending permit:

1. Leaflets, newspapers, pamphlets, bumper stickers or buttons; and

2. Items that have been created, written, composed or otherwise produced by the vendor which include books, cassettes, tapes, CDs, paintings, photographs, sculptures or other items that are inherently communicative and have nominal utility apart from its communication.

Business license requirements pursuant to City Code Chapter 18, Article I, Sec. 18.2 are applicable, however.

(Ord. No. 7.13, 6/11/13; Ord. No. 5.17, § 3, 10/24/17; Ord. No. 7.19, § 1, 6/11/19.)

a. No person shall vend, peddle, sell or hold for sale any food intended for human consumption from their person, a vehicle or other mobile unit in the city unless such person has applied for and received a permit from the health officer to do so (a permit is required for each vehicle or mobile unit so used).

b. Application shall be made in writing to the health officer. The health officer shall, upon receipt of such application, make or cause to be made an examination of the vehicle or other mobile unit for which such permit is requested.

c. If, upon examination, the health officer shall find such vehicles or other mobile units and the equipment thereon to be in accordance with the laws of the state, the requirements of this article and the rules and regulations of the health officer, the health officer shall issue a permit for each vehicle or mobile unit. Such permit shall be issued annually for the calendar year.

d. The county health officer is authorized to impose a permit fee.

e. The health officer shall have authority and shall be permitted in the course of his/her duty to enter into and upon and to inspect any and all vehicles or other mobile units and to inspect the foods, goods and merchandise sold or offered for sale as may be necessary in the enforcement of this article. Refusal of such inspection shall constitute a violation of this article and serve as grounds for permit revocation.

f. Permits for any vehicle or other mobile unit within the city shall not be transferable. Every person who shall sell, exchange, give away, abandon or discontinue any such vehicle or other mobile unit within the city and every person who shall purchase or otherwise acquire any such vehicle or other mobile unit within the city shall immediately notify the health officer as to the fact thereof.

g. The health officer may suspend or revoke any permit authorized by this article whenever he/she finds that the holder of such permit fails or refuses to comply with the laws of the state, this article or any rules and regulations of the health officer promulgated in accordance with the provisions of this article. If any such permit shall be suspended or revoked by the health officer, it shall be unlawful during the period of such revocation or suspension for any person to sell or traffic in any food or drink products in the city in such vehicle or other mobile unit.

h. The permit shall be posted in a conspicuous place upon the vehicle or other mobile unit at all times.

i. No permit shall be required of growers or producers who offer for sale only fruits or vegetables produced on their own or leased premises within the confines of the county. Facilities and food handling methods must in all other particulars comply with the requirements of this article.

j. The health officer may make such additional rules and regulations which, in his/her opinion, will best suit the public interest.

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

Permits for mobile vendors shall be issued according to the following procedures:

a. Submission of applications. Each application for a mobile vendor permit must contain the following information:

1. The name of the applicant (who will serve as the principal mobile vendor and is the primary contact and responsible party for the vending operation and in whose name the permit is sought to be issued); the responsible party named on the application must be available for the duration of the vending operation, meaning either on site of the operation or available by phone;

2. The name of any business by which the applicant is employed as a mobile vendor;

3. The address and phone number of the applicant and of any business by which the applicant is employed as a mobile vendor;

4. The applicant's city business license number;

5. The applicant's resale license number issued by the state board of equalization;

6. Whether applicant has ever previously been issued a vendor's permit by the City of Mountain View, except as applied to sidewalk vendors;

7. The principal mobile vendor may designate an employee/agent as the party to be contacted in the event the city needs to contact someone. By designating an employee/agent, the applicant agrees this party can accept and respond to notices of violations and that the applicant will be responsible for any failure to respond by the designated employee/agent. This includes the city's inability to reach the designated employee/agent. If an employee/agent is designated, the applicant must provide the name, address, phone number and social security number, driver's license number, identification number, individual taxpayer identification number or a municipal identification number of each proposed employee/agent and, except as applied to sidewalk vendors, indicate whether the proposed employee/agent has ever been issued a mobile vending permit in the city. If no employee/agent is designated, the principal mobile vendor shall be the only contact and will similarly be responsible for any violations unaddressed;

8. Storage/location of any vehicle or other mobile unit when not in use (for mobile food vendors, the storage/location address must be the same location identified and permitted by the health officer);

9. A description of the goods, wares, merchandise or products which will be the subject of the mobile vendor business or activity; and

10. Other information required by the city as necessary to evaluate the application for a mobile vendor permit.

b. Application fee. The city may require each applicant for a mobile vendor permit to pay an application fee at the time of filing his/her application with the finance and administrative services department. The amount of the application fee shall be established by resolution of the city council.

c. Eligibility. Applicants who have had a vending permit suspended or revoked by the City of Mountain View pursuant to Sec. 15.22 shall be ineligible for a mobile vending permit for a period of one (1) year following the suspension or revocation of the previously issued permit, except as applied to sidewalk vendors who shall only be ineligible for a mobile vending permit for the remaining duration of the period for which the permit was issued.

d. Permits issued to individuals. Permits are issued to individuals. If a corporation or other business entity wishes to obtain a permit, a responsible party must be named on the application. The named applicant is the principal mobile vendor and will be the responsible party for any violations. The city shall issue vendor permits in the name of the principal mobile vendor as an individual; not to corporations or other business entities by which the principal mobile vendor is employed.

e. Designation of new vendor agents or employees. If, during the term of a mobile vendor permit, either the principal mobile vendor or designated employee or agent wishes to terminate the agency or employment relationship, the principal mobile vendor may apply to the finance and administrative services director for approval of another person as a designated agent or employee for the remainder of the permit term.

f. Compliance with city regulations and applicable state and federal law. Prior to acquiring a mobile vendor's permit from the city, each mobile vendor shall read and sign a statement agreeing to comply with the regulations set forth in this code and all applicable state and federal laws.

g. Resale license/agreement to collect and remit state sales tax. Prior to obtaining a mobile vendor permit, each mobile vendor must have acquired a resale license from the state board of equalization and must sign a statement that he/she agrees to collect and remit state sales tax as required by law on all sales conducted in the City of Mountain View.

h. Requirement for county health permit. Prior to obtaining a mobile vendor permit, all mobile food vendors shall acquire and maintain a valid county health permit.

i. Other permit requirements. Prior to obtaining a mobile vendor permit, every mobile vendor shall obtain all other applicable permits as may be required by local, state or federal law.

j. Insurance requirements.

1. Prior to acquiring a mobile vendor's permit from the city, each principal mobile vendor must submit a certificate of insurance for commercial general liability and automobile liability insurance each as approved by the city manager or designee; insurance shall include an endorsement for each naming the City of Mountain View, its council, boards, commissions, officers, employees, volunteers and agents as additional insureds; and a copy of the declarations or information page(s) for the policies. The commercial general liability policy shall cover the property on which the mobile vendor will conduct vending operations.

2. If the principal mobile vendor is required by law to have workers' compensation insurance, he/she shall also submit to the risk manager for approval a certificate of insurance which shows coverage in the required amount, along with a copy of the declarations or information page(s) for the policy prior to obtaining a mobile vendor permit. If workers' compensation insurance is not required by law, the principal mobile vendor shall attest to this and agree to notify the city should employees be hired and/or the principal mobile vendor becomes subject to workers' compensation requirements under state law.

3. The certificate of insurance, the endorsement naming the city as an additional insured and the coverage must be approved by the city manager or designee before the issuance of a mobile vendor permit.

k. Administrative rules and practices. The finance and administrative services director shall have the authority to adopt and follow administrative rules and practices as necessary to implement the ordinance codified in this section.

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

Mobile vendor permits shall be issued on a calendar-year basis and valid for one (1) year. Renewal of permits shall be applied for and acted upon in the same manner as specified in this division.

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

All permits required by this article shall be prominently displayed at all times on each cart, vehicle or other structure from which vending is conducted, or shall be kept on the person of the mobile vendor at all times during which he/she is vending. Vendors must produce for examination all required permits upon a request by a peace officer or any officer or employee of the city who is acting in his/her official capacity.

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

No permit issued by the city under the provisions of this article may be transferred or assigned to another person.

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

a. A mobile vending permit issued to a sidewalk vendor shall only be subject to revocation. All other mobile vending permits shall be subject to suspension and revocation.

b. Any violation of the applicable provisions of this article by a vendor shall be grounds for suspension of the mobile vendor permit by the police chief. Violation of four (4) or more provisions of this article during the same year is grounds for revocation of the permit by the police chief.

c. The police chief may also suspend or revoke a mobile vendor permit, except for permits issued to sidewalk vendors, if a vendor commits any act which indicates that continued business operations by the vendor in the city would present a substantial danger to the public health, safety or welfare.

d. A permit may be suspended for a period not exceeding thirty (30) days. An application for a new mobile vendor's permit shall not be accepted during the period in which the suspension is in effect. A permit may be revoked for the duration of the period for which it was issued. Excepting a mobile vending permit issued to a sidewalk vendor, if a mobile vendor permit is revoked due to violations of this article or an act of the vendor, and the vendor wishes to obtain a new permit, the vendor is not eligible to apply for a mobile vendor permit for one (1) year after the date of the revocation.

e. The police chief shall utilize the following procedures in suspending or revoking a mobile vendor permit:

1. Notice of proposed suspension or revocation/summary suspension or revocation of permit in circumstances involving danger to public health and safety.

(a) If the police chief believes that there are grounds for the suspension or revocation of any mobile vendor permit, he/she shall send a notice of the proposed suspension or revocation, which states the alleged grounds for this action and the maximum penalty which could be imposed by the city by certified mail to the mobile vendor at his/her last address on file with the vendor's permit application. This notice shall also inform the application of his/her right to request a hearing before the police chief to contest the proposed action.

(b) In circumstances in which the police chief is of the opinion that the continued business activity by the vendor would pose an imminent substantial danger to the public health or safety, or to the health and safety of the vendor, he/she may state in the notice that the suspension or revocation of the permit is effective immediately, pending the outcome of any hearing.

2. Hearing before the police chief.

(a) The vendor may request a hearing before the police chief by filing a written request with the police department within seven (7) days of the police chief's issuance of the notice of the proposed suspension of revocation.

(b) Upon receipt of a timely written request from the vendor for a hearing, the police department shall set the matter for a hearing before the police chief on a date which is at least one (1) week from the date of receipt of the vendor's request for a hearing by the police department. At the hearing, the vendor may be represented by counsel and may present relevant evidence regarding the alleged grounds for suspension or revocation of the permit.

3. Decision by police chief. The police chief shall notify the vendor of his/her decision on the proposed revocation or suspension in writing by certified mail by no later than two (2) weeks after the hearing. The decision of the police chief shall be final.

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