Mountain View Municipal Code Div. 3 Operational Requirements

The following regulations shall be followed by all persons conducting business as a mobile vendor in the city on private and public property:

a. Locational requirements.

1. Parks and playgrounds. Mobile vendors shall not vend in any public park or playground except:

(a) As provided in Chapter 38 of the City Code;

(b) Sidewalk vendors may vend in a city-owned or operated park in accordance with the requirements of this article, during park or playground hours, except vending is prohibited in the following locations:

(i) In reserved, city-sponsored event or special event areas (including barbecue areas and athletic fields) within the reserved event area and fifty (50) feet of the reserved or event area; except when located on a public sidewalk or pathway;

(ii) Fifty (50) feet, except when located on a public sidewalk; from an entry or exit to a public facility, including, but not limited to, the community center, library, Cuesta Tennis Center, or a public swimming pool; or

(iii) From public park benches or tables.

(c) Sidewalk vendors vending from any device other than from one's person shall stay on the sidewalk or paved pathway and shall not block or impede access to the sidewalk or pathway, including Americans with Disabilities Act (ADA) accessibility.

2. Obstruction of traffic. Mobile vendors shall not impair the free flow of traffic on the sidewalk or street. At least one-half (½) of the sidewalk width, but no less than four (4) feet, shall be kept unobstructed at all times. No lines, banners, ties or any part of a vending cart, vehicle or structure shall be connected to a public or private structure. Adequate street or public parking shall be available for customers and the vendor. Any vendor selling from a street shall occupy no more than one (1) designated vehicle parking space, shall comply with the designated parking regulations and shall vend only to customers on the sidewalk.

3. Restroom facilities. If parked in excess of one (1) hour, a mobile food vendor must have access to a restroom facility within two hundred (200) feet pursuant to Health and Safety Code Section 114315.

4. Size. Except when otherwise provided for by state or federal law, the total area occupied by any cart, vehicle or structure used for vending purposes by a mobile vendor shall not exceed forty (40) square feet, with a height not to exceed eight (8) feet, a length not to exceed ten (10) feet and a depth not to exceed four (4) feet.

b. Identification. Each mobile vendor vending from a vehicle or other mobile unit shall be conspicuously identified by placing the business name and operating address on each side of the vehicle in permanent letters at least four (4) inches high.

c. Condition of vending area/disposal of trash. Each mobile vendor shall maintain a clean selling area and shall properly dispose of all trash generated by his/her operation. Each vending area must be cleared of all merchandise, stands, carts, vehicles or other items which belong to or are used by the vendor when not in use by the vendor.

d. Hours of operation. Sidewalk vendors vending in nonresidential areas shall only operate from 7:00 a.m. to 10:00 p.m. unless other businesses located on the same street are allowed to operate beyond these designated hours, in which case, a sidewalk vendor may operate during the same hours as any business allowed to operate earlier or later than these designated hours. With the exception of mobile vendors operating in a park pursuant to subsection a.1., mobile vendors (including vendors vending in residential areas) shall only be allowed to operate between 7:00 a.m. and 10:00 p.m. Mobile vendors may operate outside these hours pursuant to a temporary use permit issued under Sec. 36.46 of the City Code.

e. Compliance with all applicable local, state and/or federal laws.

f. Mobile food vendor requirements.

1. Compliance with health requirements. All mobile food vendors shall comply with all applicable health requirements. All vehicles, mobile units and all persons operating said vehicles or other mobile units, as defined in this chapter, shall comply with all local, county and state health regulations as enforced by the county health officer.

2. Itinerary of proposed route, etc. Every mobile food vendor shall furnish the county health department with an itinerary of their proposed route and a schedule of timing. The itinerary shall be renewed from time to time as the route and the time may vary. This requirement is for the express purpose of facilitating inspectional procedures.

3. Waste materials; containers. Adequate provision shall be made for the storage of waste material in the vehicle or other mobile unit and for proper ultimate disposal. Additional containers shall be placed adjacent to the serving area and customers shall be encouraged to use them. The vehicle operator shall clean up any material left by the customer before leaving the point of sale. While in transit, the waste containers shall be stored in a compartment physically separated from all foods. Mobile food vendors shall comply with Article V of Chapter 16 of the Mountain View City Code related to use of polystyrene foam food service ware.

4. Dining area. Mobile food vendors shall be considered a "dining area" for purposes of Chapter 21 of the City Code.

(Ord. No. 7.13, 6/11/13; Ord. No. 2.15, § 4, 2/10/15; Ord. No. 7.19, § 1, 6/11/19.)

a. Operation shall be limited to:

1. Up to three (3) vendors operating on any individual property at the same time;

2. Total duration of mobile vending operations on any individual property of up to four (4) hours within a twenty-four (24) hour period.

The total number of hours is not calculated per vendor. If four (4) or more vendors operate on any individual property at the same time or mobile vending operations exceed four (4) hours on any individual property within a twenty-four (24) hour period, they shall be considered a special event and shall obtain approval of a temporary use permit pursuant to Sec. 15.28, Division 4 of this article.

b. Upon request, mobile vendors operating on private property shall produce written proof of property owner's consent to the mobile vendor to locate on his or her property.

c. A mobile vendor located on private property shall be considered an ancillary use if operated in conformance with this article.

d. Mobile vendors shall not operate on vacant lots, except for special events pursuant to Sec. 15.27, Division 4 of this article. A vacant lot shall mean a lot without a structure or with a structure which is not occupied by a tenant, excluding active construction sites.

e. Mobile vendors shall not consume more than twenty-five (25) percent of the available parking spaces on any property or ten (10) parking spaces, whichever is greater, unless operating as part of a special event permit pursuant to Division 4 of this chapter.

f. Mobile vendors shall not operate upon or immediately adjacent to a property used for a single-family home or duplex unless operating as part of a special event permit pursuant to Division 4 of this chapter.

g. Mobile vendors shall not operate in city-owned parking lots or structures unless the city manager or his/her designee has provided written consent or is operating as part of a special event permit pursuant to Division 4 of this chapter.

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

a. The city may adopt special regulations to govern mobile vendors in the downtown area or other particular areas or districts of the city.

b. Mobile vendors shall not operate on or along any public streets or sidewalks on Castro Street, between California Street and Evelyn Avenue; on Dana Street, between Bryant Street and Hope Street; and on Villa Street, between Bryant Street and Hope Street.

c. Mobile vendors shall be at least fifteen (15) feet away from any driveway or fire hydrant, at least one hundred (100) feet away from any bus stop, and at least one hundred (100) feet away from any school facility, including playgrounds.

d. Mobile vendors shall vend at least one hundred (100) feet from any intersection.

e. Mobile vendors conducting business within one hundred (100) feet of a park may vend only on the same side of the street as the park.

(Ord. No. 7.13, 6/11/13; Ord. No. 2.15, § 4, 2/10/15; Ord. No. 7.19, § 1, 6/11/19.)

The mobile vendor(s) and his/her agents or employees shall defend, indemnify, and hold harmless the city, it officers, employees and agents from and against all actions, losses, damages, liability, cost and expenses of every type and description, including, but not limited to, attorney fees, to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the mobile vendor permittee or the permittee's agents, officers or employees, directly or indirectly, arising from the operation of the mobile vendor.

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