Nevada City Municipal Code Ch. 10.44 Mobile Food Vending

This Chapter 10.44 is adopted pursuant to the authority granted to the City of Nevada City by Section 22455 of the California Vehicle Code, which permits local authorities to regulate the type of vending and the time, place and manner of vending from vehicles upon the street in order to promote public safety.

The City finds the regulations adopting herein are necessary to protect the public by ensuring that mobile food vending vehicles are operated in a safe manner and do not create nuisances in City neighborhoods. The City also finds that these regulations are necessary to ensure the mobile food vending vehicles are operated according with health laws of the state; do not block or hinder vehicle or pedestrian traffic on the streets and sidewalks; do not cause public safety problems by contributing to crowding nears school and entertainment establishments; and do not disturb the quiet use and enjoyment of the residential neighborhoods.

(Ord. No. 2017-04, § 2, 1-25-2017)

For purposes of this Chapter, the following words or phrases shall have the following meanings:

"Food" or "food products" means any type of edible substance or beverage.

"Mobile food vendor" means a person that operates or assists in the operation of a vending vehicle.

"Vend" or "vending" means to sell, offer for sale, display, barter, exchange, or otherwise give food or food products from a vending vehicle.

"Vendor" means a person who vends, including an employee or agent of a vendor.

"Vending" vehicle means any self-propelled, motorized device or vehicle by which any person or property may be propelled or moved upon a highway, from which food or food products are sold, offered for sale, displayed, bartered, exchanged or otherwise given, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle. Vending vehicle does not include a vehicle that only delivers food or beverage products ordered by home delivery customers.

(Ord. No. 2017-04, § 2, 1-25-2017)

A mobile food vendor may locate its vehicle in the public right-of-way as long as the mobile food vendor adheres to the following time, place, and manner restrictions:

A. The vending is in full compliance with all parking and Vehicle Code provisions, which apply to the location at which it is parked.

B. Mobile food vendors located in the Historical District shall display at least one "no smoking" sign.

C. The mobile food vendor has a valid permit, certificate or other required approval from the Nevada County Department of Environmental Health including visible display of food grade cards (if issued); the mobile food vendor has available for review the most recent and current Nevada County Vehicle Inspection Report; and, the mobile food vendor operates in compliance with the California Retail Food Code, including California Health and Safety Code section 114315 (a) which mandates that a "food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the enforcement agency, to ensure that restroom facilities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one-hour-period."

D. The mobile food vendor has a valid business license from the City. As part of its application for a business license, the mobile food vendor shall furnish to the City evidence of insurance, as deemed acceptable in the reasonable discretion of the City, against liability for death or injury to any person as a result of ownership, operation, or use of its vending vehicles.

E. All vending vehicles shall be inspected by the Nevada City Fire Department prior to issuance or renewal of a business license involving use of the vending vehicle. All vending trucks shall comply with National Fire Protection Association (NFPA) 96. Business license must be renewed at City Hall; applications are subject to Nevada City Fire Department inspection per NFPA 96.

F. No Mobile Food Vendor may operate a vehicle:

1. Within 25 feet from the outer edge of any driveway or vehicular entrance to public or private property. The 25 feet is to be measured from the front or back of the mobile vending vehicle (whichever is closer to the driveway or vehicular entrance) to the outer edge of the driveway or vehicular entrance.

2. Within 25 feet of any street intersection as defined by Vehicle Code Section 365 (and as amended).

3. Within 25 feet of a bus stop during the hours when buses are operating.

4. Between the hours of 7:00 a.m. and 5:00 p.m. of any school day session, while located within 300 feet of the nearest property line of any property in which a school grades K to 12 building is located.

5. Within 25 feet of a marked crosswalk or a stop bar.

6. Between peak traffic hours of 5:00 p.m. and 7:00 p.m. on a two-way street that does not have a minimum street width of forty-two (42) feet (measured from curb face to curb face), and on a one-way street that does not have a minimum width of 21-feet. At no time shall a food vendor operate on a two-way street that does not have a minimum width of thirty-eight (38) feet, or on a one-way street that does not have a minimum width of nineteen (19) feet. In the event that a curb face does not exist, the City Engineer shall determine the street width.

7. Within 400 feet of another mobile food vendor.

G. The mobile food vendor shall not encroach onto a public sidewalk or parkway with any part of its vending vehicle or any other equipment or furniture related to the operation of its business.

H. The vending vehicle or patrons do not obstruct pedestrian or vehicular traffic. Vendors must provide a minimum pedestrian clearance of four feet on sidewalks at all times.

I. Vending is prohibited on the exposed street and/or vehicular traffic side of the vending vehicle.

J. The mobile food vendor shall maintain clearly designated noncombustible waste receptacles on board the vending vehicle which will reasonably accommodate the immediate waste needs, of the mobile food vendor's patrons generated by the mobile food vendor's sales. All mobile food vendors shall maintain the area surrounding their vehicles free of trash and other debris and shall not dispose of trash from their operation in city owned trash receptacles.

K. No hookups to electricity, water, or sewer.

L. The mobile food vendor shall not discharge any liquid (e.g. grease, oil, water, etc.) onto or into City streets, storm drains, catch basins, sewer facilities.

M. The mobile food vendor shall be subject to the noise provisions set forth in Chapter 8.20 of the Nevada City Municipal Code.

N. All food products sold or provided from the vending vehicle shall comply with all applicable food labeling requirements established by the State of California and the mobile food vendor must obtain all required permits, including without limitation, health permits, to sell or provide such items.

O. Mobile food vendors operating on public rights-of-way may not use portable or a-frame signs.

(Ord. No. 2017-04, § 2, 1-25-2017)

A. Mobile food vendors may not operate on private property within residential zones. However, they are permitted to operate on public rights-of-way as authorized by California Vehicle Code section 22455 and as authorized by section 10.44.030 of this Chapter.

B. All mobile food vendors operating on private property must have written consent of the property owner to operate on that site.

C. If mobile food vendors are operating on private property where a business is also located, their operation shall not obstruct the use of the parking lot by employees of the business.

D. Mobile food vendors operating within parking lots shall obtain written permission of the property owner that designates the hours the vendor may operate within the parking lot and the appropriate location for the vending operation. No property owner shall allow a mobile food vendor to operate within his or her parking lot if doing so shall prevent the owner from meeting City parking standards for the business.

E. All mobile food vehicles shall be located on a properly paved or graveled surface. No mobile food vendor shall be located within a landscaped or dirt area.

F. Vending vehicles, including those operated at events on public school property, shall maintain a valid Nevada County Department of Environmental Health permit and a valid City business license.

G. The mobile food vendor shall maintain clearly designated noncombustible waste receptacles which will reasonably accommodate the immediate waste needs, of the mobile food vendor's patrons are generated by the mobile food vendor's sales. All mobile food vendors shall maintain the area surrounding their vehicles free of trash and other debris and shall not dispose of trash from their operation in city owned trash receptacles.

H. If a mobile food vendor operates and/or parks for more than one hour at the location, the mobile food vendor must have written documentation that their employees and customers have permission to use a readily available toilet and hand washing facility that is located within two hundred feet travel distance from the location where the vending vehicle is engaged in operations and/or is parked. Mobile food vendors operating on private property shall be situated on locations within the private property that ensure safe pedestrian and vehicular ingress and egress to and from the property where they are located, including, but not limited to, compliance with the following requirements:

1. Mobile food vendors may not operate within 25 feet from the outer edge of any driveway or vehicular entrance to the public or private property.

(Ord. No. 2017-04, § 2, 1-25-2017)

Mobile food vendors shall comply with all applicable state and local laws.

(Ord. No. 2017-04, § 2, 1-25-2017)