National City Municipal Code Ch. 9.06 Food Vending Vehicles

Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section:

A. "Prepared food vending vehicle" means a food vending vehicle from which any food or beverage product is sold, given away, displayed or offered for sale, at retail, other than an unprepared food vending vehicle.

B. "Unprepared food vending vehicle" means a food vending vehicle from which is sold, given away, displayed or offered for sale, at retail, any raw or unprepared food or food product including, but not limited to, fruits, vegetables, produce, meats, fish, poultry or seafood.

C. "Mobile food preparation unit" means any vehicle or portable food service unit upon which food is prepared for service, sale or distribution at retail. A mobile food preparation unit shall be considered a food vending vehicle for purposes of this chapter.

D. A food vending vehicle may have more than one designation pursuant to this section. A vehicle with multiple designations must comply with all applicable provisions of this chapter and state law.

(Ord. 1905 § 1 (part), 1987)

No person shall stop or park a food vending vehicle on a public street within five hundred feet of any school property boundary in the city between the hours of seven a.m. and four p.m. on regular school days.

(Ord. 1905 § 1 (part), 1987)

A. It is unlawful to stop or park a food vending vehicle on a public thoroughfare for the purpose of preparing, selling, giving away, displaying or offering for sale any food or beverage product except for a period of time sufficient to consummate an immediate sale or sales, not to exceed ten minutes at that location or at any immediately succeeding location which is within three hundred feet of the former location where the vendor completed the immediate last transaction.

B. It is unlawful to stop, park or cause any food vending vehicle to remain on any public property except pursuant to the order of a lawful authority or for the purpose of making emergency repairs to the vehicle; in no event shall any person sell or give away any food or beverage product from a food vending vehicle while on any public property.

C. It is unlawful to stop, park or cause a food vending vehicle to remain on any private property for the purpose of selling, giving away, displaying or offering for sale any food or beverage product to any person other than the owner of such property or his agents, customers or employees.

(Ord. 2168 § 4, 1999: Ord. 1905 § 1 (part), 1987)

The provisions of this chapter and of state laws and regulations relative to health and sanitation apply to food vending vehicles, including mobile food preparation units.

(Ord. 1905 § 1 (part), 1987)

No person shall operate, or cause to be operated, a food vending vehicle upon which are carried cold perishable foods unless it is furnished with mechanical refrigeration equipment, in good working order, sufficient to maintain perishable food and beverage products at a temperature not in excess of forty-five degrees Fahrenheit, except that frozen perishable foods may be refrigerated with dry ice.

(Ord. 1905 § 1 (part), 1987)

No person shall operate or cause to be operated a food vending vehicle that does not display a valid certificate of inspection, or that does not display on each exterior side of the vehicle, in letters not less than four inches high, the name of the owner or the fictitious name under which he operates, the business address and telephone number of the owner, and the distinctive identifying number or symbol assigned to the vehicle by the county department of health services. Such lettering shall be permanently affixed to the vehicle by painting, decal or other method approved by the department of health services. The name displayed on the sides of the vehicle shall correspond to the name that appears on the operator's city business license.

(Ord. 1905 § 1 (part), 1987)

Each driver, and in the case of mobile food preparation units, each cook, shall obtain a nontransferable permit from the finance department. Such permit shall be displayed in a conspicuous place in or on the food vending vehicle during business hours. Application for driver's permits shall be made upon forms to be furnished by the finance department. The applicant shall file with his application two recent photographs (two inches by two inches in size), one to be filed with the application, and one to be permanently attached to his permit. Each applicant shall pay a nonrefundable fee of thirty dollars upon applying for a permit. Such permit shall be in addition to the business license required by Title 6 of this code.

(Ord. 1905 § 1 (part), 1987)

The interior and the exterior of every food vending vehicle and all equipment therein shall have smooth, washable surfaces and shall be maintained in good repair and in a sanitary manner. Each food vending vehicle, other than mobile food preparation units, shall be inspected at least semi-annually by the health officer. Food vending vehicles shall be loaded and ready for operation at the time of inspection. A certificate of inspection, valid for six months, shall be issued to food vending vehicles conforming to the requirements of this code. The certificate of inspection shall specify the food products which may be sold.

(Ord. 1905 § 1 (part), 1987)

No person shall operate or cause to be operated an unprepared food vending vehicle without complying with all of the following regulations:

A. All tools, implements and receptacles shall be kept in a clean and sanitary condition.

B. Sufficient fly-tight containers, of metal or some other approved substance, shall be provided for the disposal of trimming and refuse and shall be emptied and washed daily.

C. No fish, poultry or other animal shall be cleaned in a food vending vehicle nor shall the entrails of any fish, poultry or other animal be there removed. No fish, poultry, meat or meat products shall be cut, processed or otherwise prepared in a food vending vehicle.

D. Scales and weighing devices shall be protected from dust, dirt, flies and other vermin and contaminants.

E. Every unprepared food vending vehicle shall be inspected at least semi-annually on dates scheduled by the health officer or more often if the health officer so requires. The vending vehicle shall be fully loaded and ready for operation at the time of such inspection. The health officer shall issue a certificate of inspection if his inspection discloses that the vehicle conforms to the requirements of this code and other applicable laws. The certificate of inspection shall expire six months from and after the date of its issue, and shall specify the particular food and beverage products authorized to be sold or otherwise distributed from the vehicle.

F. Every unprepared food vending vehicle shall be screened or otherwise enclosed in a manner approved by the health officer.

G. Every unprepared food vending vehicle shall establish a headquarters which shall be used for cleaning the vehicle, and storage of food products to be sold or distributed from the vehicle.

(Ord. 1905 § 1 (part), 1987)

No person shall operate or cause to be operated a prepared food vending vehicle without complying with all of the following requirements:

A. Such person shall establish a service room which meets all of the requirements of the health officer. The service room shall be used for the preparation and/or temporary storage of food and beverage products prior to the delivery thereof to a food vending vehicle. Prepared food vending vehicles shall be stocked only at and with food and beverages products prepared or stored at the service room. No food or beverage product shall be sold or otherwise distributed from a prepared food vending vehicle unless such product was prepared in a service room, a mobile food preparation unit complying with this chapter, a food establishment, for either of which a valid permit is held, or in some other sanitary location appropriate for such preparation which is regularly inspected by some recognized health department inspection service approved by the health officer. Food or beverage products not prepared in such service room, mobile food preparation unit, or establishment shall be stored at a service room prior to delivery to the food vending vehicle.

B. All prepared food, not including coffee or hot water, sold, given away, bartered, or distributed from a food vending vehicle, other than a mobile food preparation unit, shall be packaged at a service room or other fixed location approved by the health officer.

C. All readily perishable foods, as defined in Section 28648.5, California Health and Safety Code, shall meet the following requirements:

1. No such product shall be sold more than seventy-two hours after preparation.

2. All such products, except those prepared in a mobile food preparation unit, at the time of preparation, shall be clearly marked with the last date the food may be sold.

3. Dairy products may not be sold beyond the quality assurance date on the package. However, readily perishable foods which are frozen at the time of preparation may be sold beyond the seventy-two-hour interval, provided handling of such frozen food is approved by the health officer. The date of heating such frozen foods must be affixed to the package at the time of heating and such package may not be sold after said date.

D. Every prepared food vending vehicle shall be inspected, on dates scheduled by the health officer, as often as he deems such inspections to be necessary. The vending vehicle shall be fully loaded and ready for operation at the time of such inspection. The health officer shall issue a certificate of inspection if his inspection discloses that the vehicle conforms to the requirements of this code.

E. All foods found not to be in conformance with the provisions of this section shall be quarantined by the health officer. Foods under quarantine shall be disposed of by the permittee in a manner approved by the health officer.

(Ord. 1905 § 1 (part), 1987)

In addition to the regulations applicable to mobile food preparation units and commissaries servicing mobile food preparation units set forth in Articles 10 and 10.1 of Title 17 of the California Administrative Code, mobile food preparation facilities and commissaries servicing such units, and operation of such units shall comply with the following requirements:

A. Mechanically refrigerated display cases shall be provided for all perishable foods on display for sale in said mobile food preparation units.

B. Vehicle ambient air temperature shall be maintained in each work area to provide reasonable comfort consistent with standards of the restaurant industry for the nature of the process and the work performed. If excessive heat or humidity is created, the owner or operator of the mobile food preparation unit shall make all feasible means to reduce such excessive heat or humidity to a degree providing reasonable comfort.

C. Mobile food preparation units shall be equipped with adequate seats with backrests for all employees to be transported in such units. Said seats shall be properly secured in place. Seats shall be not less than fifteen inches or more than nineteen inches above the floor, at least ten inches deep, and at least eighteen inches wide. The backrests shall extend to a height at least thirty-six inches above the floor. All persons being transported in a mobile food preparation unit shall be seated in said seats while the unit is in motion.

D. Each mobile food preparation until shall be equipped with a fully charged fire extinguisher in good condition. Drivers shall be advised of the location of the type of extinguisher used and instructed in its operation.

E. All cutting tools or tools with sharp edges carried in a mobile food preparation unit shall be placed in covered boxes or containers while the unit is in motion, and all other tools and cooking equipment shall be secured to the body of the vehicle while the unit is in motion. Tools with cutting edges protected by scabbards or similar guards shall be considered as being in containers.

F. An alternate means of exit, other than the main exit door, shall be provided in the exterior wall and in the roof of the vehicle with unobstructed passages to the outside. Such passage shall be at least twenty-four inches by twenty- four inches. The alternative means of exit shall have an interior latching mechanism which shall be operated by hand without special tools or key. Such exits shall be labeled "Safety Exit" in contrasting colors with letters at least one-inch high.

G. All loads carried in a mobile food preparation unit shall be secured against dangerous displacement either by proper piling or securing in a manner as to prevent shifting, toppling or otherwise becoming unstable.

H. No cooking or food preparation shall be done while the mobile food preparation unit is in motion.

I. A headquarters shall be established for all mobile food preparation units, and said units shall be stored at such headquarters when not in use.

J. The storage area shall be equipped with an electrical outlet to provide auxiliary power for refrigeration units on each mobile preparation unit.

K. The headquarters parking area for mobile food preparation units shall be paved with a paving material such as concrete or asphalt. The surface of the paving shall slope to drain and shall not pond water. Such surface shall be kept in good repair. The storage area shall contain a liquid waste dump station, and there shall be installed a concrete apron surrounding the waste receptor for a distance of ten feet in each horizontal direction sloping to the drain.

L. Wastewater shall not be permitted to flow into the street from the headquarter's parking area.

M. An approved waste dump station shall be provided at each headquarters. Mobile food preparation units shall dispose of liquid waste only at the approved waste dump station.

N. Lights shall be provided for the parking area to provide at least two footcandles of illumination when measured thirty inches above the pavement.

O. Mobile food preparation units which do not properly control food temperature, which lack running water, which have a defective liquid waste collection tank or which otherwise are unable to operate in a sanitary manner so as to pose an immediate danger to the public health may be removed from operation by order of the health officer or his designated representative.

P. The health officer shall be granted access to inspect mobile food preparation units during operating hours and at the headquarters during hours of loading, food preparation, and cleaning.

Q. Operators of mobile food preparation units shall provide the health officer with the itinerary for each unit and shall notify the health officer of any changes within twenty-four hours.

R. All mobile food preparation units shall bear an insignia of approval or other proof of approval issued by the state to indicate compliance with all applicable laws and regulations of the state.

S. All mobile food preparation units shall be inspected at least four times per year by the health officer. Mobile food preparation units shall be loaded and ready for operation at the time of the inspection. A certificate of inspection, valid for three months, shall be issued to mobile food preparation units conforming to the requirements of this code. The certificate of inspection shall specify the food products which may be sold.

T. The provisions of the San Diego County Code of Regulatory Ordinances concerning permanent and mobile food facilities, at Title 6, Division 1 of the County Code, are incorporated into this Code by reference.

U. All persons and businesses required to obtain a health-related permit or related service from the County of San Diego, Department of Environmental Health (DEH) pursuant to the Code shall pay the county the fee established in the County Code for that permit or service, including delinquent payment fees.

(Ord. 1905 § 1 (part), 1987)

(Ord. No. 2012-2376, §§ 2, 3, 10-16-2012)

For purposes of this section, "ice cream truck" means any motor vehicle requiring a license from the California Department of Motor Vehicles from which is sold, given away, displayed or offered for sale, at retail, any frozen dairy or water-based food products, in addition to other prepackaged food products. In addition to the provisions of this chapter applicable to prepared food vending vehicles (as defined in Section 9.06.010(A)), ice cream trucks shall be subject to the following provisions:

A. Place of Operation—Stopping.

1. Sales from ice cream trucks shall be limited to streets that have speed limits of thirty miles per hour or less.

2. No sales shall be made while an ice cream truck is parked within seventy-five feet of any intersection with any public street or streets as measured along the traveled way.

3. No sales shall be made from an ice cream truck which is within two hundred feet of another ice cream truck which has already stopped to vend.

4. An ice cream truck's standard warning flashers shall be in operation immediately upon the truck stopping to vend and cease operation as the truck begins to move after vending.

B. Hours of Operation. Sales from ice cream trucks shall be limited to the hours of ten a.m. to seven p.m. or one-half hour after sunset, whichever occurs first.

C. Noise Restrictions.

1. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck when the ice cream truck is stationary.

2. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck after seven p.m. or one-half hour after sunset, whichever occurs first.

3. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck in such a manner as to create a violation of any of the provisions of Title 12, Noise Control.

D. Restrictions on Riders. No one other than one driver and one additional person shall be allowed to ride on an ice cream truck that is in operation. The additional person may be:

1. An employee of the ice cream truck business owner, if said employee is an individual other than the driver;

2. The ice cream truck business owner if the owner is an individual other than the driver; or

3. A trainee.

E. Vehicle Inspection—Certification.

1. All ice cream trucks shall be inspected by the city engineer or his/her designee, who shall notify the finance department of the results of the inspection.

2. Upon successful completion of the ice cream truck inspection, the ice cream truck business owner shall apply to the finance department for certification. It is unlawful for an ice cream truck business owner who does not have a current, valid certification issued by the finance director or his/her designee to operate an ice cream truck on city streets.

3. The ice cream truck business owner shall biennially present each ice cream truck for inspection by the city engineer or his/her designee, and certification by the finance director or his/her designee.

4. At or prior to the time of the inspection, the ice cream truck business operator shall present payment of the certification fees as set forth by the schedule of fees established by city council resolution.

5. The ice cream truck business operator shall maintain each ice cream truck in such condition that:

a. All doors, windows, hood and trunk shall open and close securely;

b. The inside of the ice cream truck shall be clean and free of litter and trash;

c. There is a trash receptacle that shall be made accessible to the public when sales occur in which patrons can place package wrappers and trash;

d. The exterior of the ice cream truck shall be clean and in good repair, and not have any peeling, dents, rust, scratches or missing components which are discernible at a distance of five feet or more from the truck;

e. Advertising decals and price lists shall be placed only on the vending side of ice cream trucks and shall use a maximum area of twenty-four square feet.

6. The ice cream truck business owner shall have and maintain in clean operating condition on each ice cream truck, the following safety equipment:

a. Signs painted or mounted on the front and back of each truck using black four-inch-tall letters on a yellow background with a black one-inch border around each sign. The sign on the front and back of each truck shall read "CHILDREN CROSSING" and be eight inches high by forty-eight inches wide. An additional sign or signs shall be painted or mounted on the rear of each truck above the first sign and shall read "WARNING" in English and Spanish using the same size letter and paint requirements.

b. Standard warning flashers.

c. Any other safety equipment required by the California Vehicle Code.

7. The finance director or his/her designee shall affix a suitable certificate on each certified truck, identifying the truck as having successfully passed vehicle inspection.

8. Each business owner shall maintain an identification number, provided by the finance director or his/her designee, painted on the sides and back of each ice cream truck. The number shall be of such color, size and placement so that the identification number can be easily read at a distance of ten feet.

(Ord. 2127, 1996)

Food vending vehicles shall be used for no purpose other than those purposes permitted by this chapter, unless the health officer has approved in writing some other proposed use of such vehicle.

(Ord. 1905 § 1 (part), 1987)

The health officer and any officer or employee designated by him is hereby authorized to arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is in violation of any statute, ordinance or regulation relating to the operation of mobile food preparation units which the health officer or such officer or employee has the duty to enforce, including but not limited to provisions of the State of California Health and Safety Code, provisions of the California Administrative Code, and all city ordinances relating to mobile food preparation units. In any case in which a person is arrested pursuant hereto and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Chapter 5C (commencing with Section 853.6) of the Penal Code. The provisions of said Chapter 5C shall thereafter apply with reference to any proceeding based upon the issuance of the written notice to appear. Authority to arrest is granted in accordance with Penal Code Section 836.5.

(Ord. 1905 § 1 (part), 1987)

(Ord. No. 2019-2458, § 3, 5-21-2019)

* This section shall not apply to activities permitted under Chapter 13.30, Vending on city sidewalks and pedestrian pathways.

The owners, managers or operators of any food vending vehicle are responsible for the violation of any provisions of this chapter by their servants, agents or employees.

(Ord. 1905 § 1 (part) 1987)