§ 36-29. Mobile Food Vendors.

[Added 8-2-2021 by Ord. No. 1276]

The purpose of this section is to provide a clear and streamlined permitting process for mobile food vendors and to establish proper permit and regulatory procedures to ensure the health and safety of the community while at the same time promoting business in the City for residents and visitors.

[Added 8-2-2021 by Ord. No. 1276]

As used in this section:

DIRECTOR

Is the Public Services Director.

FOOD VENDOR VEHICLE

Is a motorized vehicle or a trailer that can be pulled by motorized vehicle that is used by a mobile food vendor.

MOBILE FOOD VENDOR

Is any person that operates a vending business that sells food and beverage ready for immediate consumption directly to any consumer from a food vending vehicle or trailer. This definition does not include ice cream trucks, or other moving vendors. The vendor could be the business owner, employee, or property owner.

PUBLIC RIGHT-OF-WAY

Means and includes all areas legally open to public use as public streets, roadways, highways, parkways, alleys, and any other public right-of-way.

SIDEWALK/PUSHCART MOBILE FOOD VENDOR

Is any person that operates a vending business that sells food from a pushcart, stand, display, pedal-driven cart, or other non-motorized conveyance.

[Added 8-2-2021 by Ord. No. 1276]

• A. Regulation of Sale.

  1. It shall be unlawful for any person to vend, or attempt to engage in vending or operate any vehicle or conduct any business for the purpose of vending from any vehicle or conveyance parked, stopped, or standing upon any public street, alley, highway, or property, or private street, alley, or property within the City of Oakdale except in accordance with applicable provisions of this Code.

  2. The sale of alcohol and tobacco products is prohibited.

• B. Zoning Districts.

  1. Mobile Food Vendors shall be considered a permitted use subject to the approval of a Conditional Use Permit in the following City of Oakdale zone districts: C-C, CentralCommercial, C-1, Neighborhood Commercial; C-2, General Commercial; L-M, Limited Industrial; M-1, Light Industrial; and M-2. Heavy Industrial except as follows:

     • a. It is prohibited that any vendor park or conduct business in the public right-of-way on the following streets: Yosemite Avenue, F Street, First Avenue, Second Avenue, Third Avenue and within the L-M, Limited Industrial, M-1, Light Industrial, and M-2 Heavy Industrial districts.

  2. Residential Zone Districts. A mobile food vendor may not operate within residential districts except as follows:

     • a. Public Right-of-Way. Mobile Food Vendors such as ice cream trucks or mobile pushcart vendor may circulate and stop temporarily for sales, but shall not remain stationary for more than five minutes.

     • b. Private Property. Mobile Food Vendors on private property are prohibited unless the vendor has been hired to cater at a private residence at no cost to the guests of property owner.

• C. Authority to Operate in the City.

1. Any mobile food vendor who wishes to operate within the Oakdale City Limits shall apply for and obtain a City of Oakdale Business License and a Conditional Use Permit issued by the Public Services Director or his designee except as follows:

   • a. Public Right-Of-Way. Mobile Food Vendors such as ice cream trucks who circulate in the public right-of-way and stop temporarily for sales for no longer than five minutes, a City of Oakdale Business License is required.

   • b. Private Property. Mobile Food Vendors on private property are prohibited unless the vendor has been hired to cater at a private residence at no cost to the guests of property owner, a City of Oakdale Business License is required.

2. Any Mobile Food Vendor to locate on Private Property, a Minor Use Permit is required.

3. Any Mobile Food Vendor to locate in the Public Right-of-Way, a Major Use Permit is required.

4. Any Sidewalk/Pushcart Mobile Food Vendor, an Annual Temporary Use Permit is required.

[Added 8-2-2021 by Ord. No. 1276]

It is unlawful for any mobile food vendor to operate on Private Property unless the mobile food vendor has met the following conditions.

1. Apply for and obtain a Minor Use Permit from the City in accordance with Sections 36-20.2 through 36-20.4 of the Municipal Code. Submittal requirements shall include the following:

   • a. Completed City of Oakdale Uniform Application Form.

   • b. Proof of current vehicle registration and a copy of an applicable vehicle insurance policy.

   • c. Applicable application fees.

   • d. Four photographs (showing different exterior views) of each motorized vehicle or food trailer.

   • e. Proof demonstrating acknowledgement and consent of the property owner to permit the vendor to operate on the site, signed by the property owner as required by the Stanislaus County Department of Environmental Resources.

   • f. A site plan illustrating the location of all existing buildings, structures, driveways, parking spaces, and improvements, and the proposed location or areas where the mobile food vending will occur, parking areas, seating areas, structures and improvements related to the vending activity, will be located upon the site.

   • g. A signed affidavit from the business or location providing the required restroom facilities for food service workers, stating the hours that those facilities are being made available as required by the Stanislaus County Department of Environmental Resources.

   • h. A parking analysis showing that any elimination of parking spaces does not put the property out of compliance with City Off-Street Parking Requirements.

2. A description of the proposed location of the vending business and the length of time during which it is proposed that the business shall be conducted.

3. A brief description of the nature, character and quality of the food, beverages, goods or merchandise to be sold.

4. The following may constitute grounds for denial of a permit to operate:

   • a. The vending operation or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations.

   • b. Failure to obtain clearance from the Stanislaus County Environmental Health Departments.

   • c. All Use Permits will be subject to periodic review as determined by the Public Services Director.

[Added 8-2-2021 by Ord. No. 1276]

The following development standards shall apply to Mobile Food Vendors requesting approval of a Conditional Use Permit from the City of Oakdale:

1. Prior to the issuance of a Business License, the Mobile Food Vendor shall provide to the City Public Services Department a copy of the Stanislaus County Environmental Health Permit.

2. On-site restroom facilities shall be provided by an adjacent use to the Mobile Food Vendor location. Temporary restroom facilities such as portable restrooms shall be prohibited.

3. The Mobile Food Vendor shall not obstruct vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to the curb, and shall not create public health or safety hazards.

4. No more than one sign is permitted. The sign shall not exceed 10 square feet and be affixed to the Mobile Food Vendor vehicle.

5. The Mobile Food Vendor shall maintain the area in which vending activities occur in a clean, safe, sanitary, and dust-controlled condition. The Mobile Food Vendor shall remove any and all evidence of vending and leave the site in a clean state at the close of each business day.

6. Signage shall be provided that prohibits loitering.

7. Mobile Food Vendor permits and licenses shall be prominently displayed on the vehicle for vending.

8. Restaurant Spacing for Food Vendors.

   • a. Mobile Food Vendors shall operate within 75 feet of the main public entrance of the partnering restaurant, during the restaurant's normal business hours, with the following exceptions:

     • (1) Mobile Food Vendors operating as part of a City-approved special event.

     • (2) The mobile food vendor has written permission of the business and/or restaurant owner to operate adjacent to the existing business.

[Added 8-2-2021 by Ord. No. 1276]

It shall be unlawful to operate a mobile food vendor in public right-of-way unless a Major Use Permit has been obtained pursuant to Sections 36-20.2 through 36-20.4 of the Municipal Code. In addition to the application requirements mentioned for Mobile Food Vendors on private property a Mobile Food Vendor located on public property will be subject to the following additional development standards:

1. Liability Insurance. During the term of a mobile food vendor permit operating in the public rightof-way the applicant shall maintain in full force at no cost to the City a comprehensive auto and general liability insurance policy:

   • a. In an amount not less than $1,000,000 single limit per occurrence/$2,000,000 aggregate.

   • b. Issued by an admitted insurer or insurers as defined by the California Insurance Code .

   • c. Providing that the City, its officers, employees and agents are to be named as additional insured under the policy.

   • d. Stipulating that the policy will operate as primary insurance and that no other insurance effected by the city or other named insured will be called on to contribute to a loss covered thereunder.

   • e. Providing that no cancellation, change in coverage or expiration by the insurance company or the insured shall occur during the term of the mobile food vendor permit, without 30 days written notice to the Director prior to the effective date of such cancellation or change in coverage.

   • f. In the event of a cancellation, expiration, or change of insurance coverage resulting in noncompliance with subsection a of this section, the vendor shall notify the City of the cancellation, expiration, or change within three business days after its effective date by submitting a written notice to the Director. The giving of notice as provided herein shall not stay the automatic suspension of the permit.

   • g. It is unlawful for any person to operate a food vending vehicle without insurance coverage in effect as required by this subsection.

   • h. Indemnify and Hold Harmless. The Mobile Food Vendor and/or vehicle owner(s) receiving approval to operate in public right-of-way shall defend, indemnify and hold harmless the City, its officers, employees and agents from and against all actions, losses, damages, liability, costs 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 applicant or the applicant's agents, officers or employees, directly or indirectly arising from the food vending vehicle operation.

2. The Mobile Food Vendor must comply with all City, state, and federal laws. While operating in the public right-of-way, mobile vendors shall follow all applicable traffic laws and parking regulations, including, time limits, and no-parking zones.

[Added 8-2-2021 by Ord. No. 1276]

It is unlawful for any mobile food vendor to operate unless the mobile food vendor has met the following conditions.

1. Apply for and obtain an Annual Temporary Use Permit from the City in accordance with Sections 36-18.6 of the Municipal Code. Submittal requirements shall include the following:

   • a. Completed City of Oakdale Temporary Use Permit Application Form.

   • b. Proof of current vehicle registration and a copy of an applicable vehicle insurance policy.

   • c. Applicable application fees.

   • d. Provide the City a copy of the certification of completion of a County-approved food handler's course and copies of all required approvals from the County's Food Safety Program.

   • e. Four photographs (showing different exterior views) of each pushcart.

   • f. Provide the Director a copy of a valid Mobile Food Permit issued by the Stanislaus County Department of Environmental Health.

   • g. A site plan illustrating the location of all existing buildings, structures, driveways, parking spaces, and improvements, and the proposed location or areas where the mobile food vending will occur, parking areas, seating areas, structures and improvements related to the vending activity, will be located upon the site.

2. A description of the proposed location of the vending business and the length of time during which it is proposed that the business shall be conducted.

   • a. In areas not zoned exclusively for residential use, all sidewalk vendors are prohibited from conducting sidewalk vending activities between the hours of 10:00 p.m. and 7:00 a.m. daily.

   • b. In areas zoned exclusively for residential use, roaming sidewalk vendors are prohibited from conducting sidewalk vending activities between the hours of 6:00 p.m. and 9:00 a.m. daily.

3. A brief description of the nature, character and quality of the food, beverages or goods to be sold.

   • a. Sidewalk vendors shall not engage in any of the following activities;

     • (1) Renting merchandise to customers;

     • (2) Displaying merchandise or food that is not available for immediate sale;

     • (3) Selling of gun, adult-oriented material, cannabis, alcohol, tobacco, or electronic cigarette products;

     • (4) Offering services such as fortune-telling, massage, and tattoos

4. Sidewalk Vendors shall not exceed a total length of six feet, a total width of four feet, or a total height, including a roof, umbrella, or awning of eight feet.

5. Sidewalk Vendors shall not impede or obstruct ingress to or egress from any private property or any structure, parking space or loading facility.

6. Vending shall not cause vehicles to stop in traffic lanes or causing person to stand in traffic lanes or parking spaces.

7. Stationary sidewalk vending is prohibited in the following areas:

   • a. Any residential zone in the City.

   • b. On any private property without the express written consent of the owner or lessees of the property.

   • c. On any designated emergency vehicle access way.

• d. Within 12 inches of any curb face on all roads.

  • e. Within 15 feet of any entrance or exit to a building, structure or facility.

  • f. Within 50 feet of another sidewalk vendor;

  • g. Within 25 feet of a:

    • (1) Fire hydrant.

    • (2) Curb which has been designated as yellow or red zone, or a bus zone.

    • (3) Trash or recycling containers, bike racks, benches, bus stops, or similar public use items.

  • h. On any sidewalk where vending equipment and queuing patrons would restrict access requirements under the Americans with Disabilities Act.

  • i. Within 200 feet of a permitted farmer's market or special event during the operating hours of that farmers market or special event

8. The following may constitute grounds for denial of a permit to operate:

   • a. The vending operation or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations.

   • b. Failure to obtain clearance from the Stanislaus County Environmental Health Departments.

[Added 8-2-2021 by Ord. No. 1276]

The following are exempt from the requirements of this chapter as specified below, but must satisfy all other applicable permit requirements (e.g. business license, county health permits, etc.). Mobile food vendors are exempt from the requirements of this chapter when operated in the following manner:

1. The vendor is authorized to operate in conjunction with a City approved special event.

2. The vendor is hired to serve a private party with no retail sales to the general public.

3. The vendor is operating in connection with the operations of a permitted farmer's market.

[Added 8-2-2021 by Ord. No. 1276]

1. Any license issued under this chapter may be suspended or revoked for any of the following reasons:

   • a. Fraud or misrepresentation of the application for the license.

   • b. Fraud or misrepresentation of the course of conducting the business or vending.

   • c. Conducting the business of vending, contrary to the conditions of the license.

   • d. Conducting the business of vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety and welfare.

2. On suspension or revocation, the City shall deliver written notice to the license holder stating the action taken and the reason supporting such action. The written notice shall be delivered to the license holder's place of business or mailed to the license holder's last known address.