Chapter 5.51 — FOOD VENDING PROGRAM

Editor's note— Ord. No. 13421, §§ 2, 3, adopted March 28, 2017, repealed and reenacted chapter 5.51 in its entirety to read as herein set out. Formerly, chapter 5.51, §§ 5.51.010—5.51.210, pertained to the food vending group site pilot program, and derived from Ord. No. 13098, § 1, adopted December 20, 2011, and Ord. No. 13152, § 1, adopted February 5, 2013.

This Chapter shall be known as the Food Vending Program Regulations, and establishes a citywide food vending program in Oakland.

The purpose of this Chapter is to regulate the vending of food and food products from food vending facilities on public and private property throughout the city in such a manner as to bring convenience, economic vitality, and pedestrian activity to these areas. This includes protecting the health, safety, and general welfare of the Oakland community and customers through appropriate regulation by requiring that new and existing food vendors provide the community and customers with a minimum level of cleanliness, quality and security.

(Ord. No. 13421, § 3, 3-28-2017)

"Administrative Guidelines" means the document prepared by the City Administrator or his/her designee, used by Bureau of Planning staff to administer the Food Vending program. The document includes the "Food Vending Program Permitted Area" map, and is revised by the City Administrator or his/her designee.

"Applicant" means the responsible party who seeks a Food Vending Permit from the City of Oakland.

"Assembly area" is an indoor or outdoor place where people may gather for any permitted purpose.

"Employee" means any person hired or paid compensation by, or any person under contract to, a food vendor.

"Food vending" means the business of selling, or causing to be sold from a food vending facility, raw or cut fruit, produce, prepared foods and non-alcoholic beverages, and/or prepackaged foods and beverages, where:

Food is prepared off-site in a commercial commissary and/or prepared on-site within the food vending facility, per Alameda County Heath Regulations;

Food is ordered and served from the truck, trailer, pushcart, or other equipment or vehicle as permitted by Alameda County Environmental Health;

Fruit and produce is sold to customers without preparation or cooking by a vendor;

Food is served outdoors or under a non-permanent structure;

Food is paid for prior to consumption; and

Food and beverages are prepared and sold for on-site or off-site consumption.

"Food vending facility" means a truck, trailer, pushcart, stationary cart or other equipment or vehicle from which food vending services are provided, as permitted by the Alameda County Environmental Health Department. Food vending trucks and trailers must be less than eighteen feet, six inches (18' 6") in length, eight feet (8' 0") in width, and ten feet, six inches (10' 6") in height, measured from bottom of tire. Not included in this definition is the preparation of food and serving of food outside of a vehicle, typically under a tent, canopy, or from a booth.

"Food Vending Permit" is the City of Oakland's annual or temporary permit required to place, operate, maintain, or allow an individual food vending facility or group site within the Oakland city limits.

"Food Vending Program Permitted Area" is the map in the Administrative Guidelines which shows which areas and public right-of-ways are permitted for a Food Vending Permit. The Permitted Area map also shows specific parking spaces in the street right-of-way, designated by the City for Food vending facilities. Designated parking spaces are the only permitted areas allowed for Food vending on the street right-of- way.

"Food vendor" means a person who is engaged in "food vending" as governed by this Chapter.

"Group site" or "Group site food vending" means the stationary operation of two (2) or more food vending facilities clustered together on a single site and operating at the same time.

"Group site organizer" or "responsible party" means, for the purpose of determining liability for damage to City or public facilities as a result of a group site operation, the individual or legal entity who is directly responsible for organizing and/or conducting the group site and/or the facility manager, and his or her respective designees.

"Group site food vending facility" means a food vending facility that is operating at a "group site".

"Group Site Food Vending Permit" means a Food Vending Permit for a group site.

"Healthy foods" are defined in the Administrative Guidelines.

"Individual food vending" means a food vending facility that is not operating at a group site.

"Individual Food Vending Permit" means a Food Vending Permit for an individual food vending facility.

"Mobile café" is a motorized food vending facility that serves coffee and tea drinks and pre-made pastries, and does not have cooking equipment.

"Non-food merchandise" means goods, wares, or non-food merchandise.

"Pushcart" is a type of non-motorized food vending facility that, because of its small size and operable wheels, can be easily moved by a person during hours of operation. This definition may also include a food vending facility integrated or pulled by non-motorized, pedal-powered vehicle such as a bicycle or tricycle.

"Pushcart food vendor" is a person who owns and operates a business vending from a pushcart.

"Roaming" means the movement of a food vending facility to multiple locations during vending hours.

"School" means any public, charter, or private school serving children between kindergarten and high school. For the purposes of this Chapter, pre-schools, community colleges and universities are not included in this definition.

"Site" means the specific public or private property location, including any public right-of-way, for which an applicant or responsible party has been issued a Food Vending Permit.

"Stationary" means a food vending facility which does not move during vending hours.

"Stationary cart" means a type of non-motorized food vending facility that generally has a maximum length of eight (8) feet, maximum depth of six (6) feet, and a maximum height of eight (8) feet. Stationary food carts are typically larger than pushcarts; pulled or delivered by a vehicle into position; and stationary at a specific site during hours of operation, and then removed by a vehicle after operating hours. Umbrellas nine (9) feet in diameter or less are permitted with these carts.

"Stationary food cart vendor" is a person who owns and operates a business vending from a stationary food cart.

(Ord. No. 13421, § 3, 3-28-2017)

The City Administrator or his/her designee is hereby authorized to adopt rules and regulations consistent with this Chapter as needed to implement this Chapter, subject to the review and approval of the Office of the City Attorney, and to develop all related forms and/or other materials and take other steps as needed to implement this Chapter, and make such interpretations of this Chapter as he or she may consider necessary to achieve the purposes of this Chapter.

(Ord. No. 13421, § 3, 3-28-2017)

A.

Except as may be allowed by a previously granted Conditional Use Permit for the use under Title 17, or by any ordinance or resolution establishing and regulating a street market or farmer's market in the City; or for a limited period by a Special Event Permit issued in accordance with Chapter 9.52, it shall be unlawful for any individual, group, or legal entity to sell, offer for sale, or solicit offers to purchase food from food vending facilities in the City of Oakland without first obtaining a Food Vending Permit as specified in this Chapter. Conducting a food vending operation in the City of Oakland without such a valid form of city permission is a public nuisance, as defined in this Code.

B.

Any individual, group, or legal entity desiring to engage in food vending in the City shall first file an application with the Bureau of Planning pursuant to procedures established in this Chapter and/or in the Administrative Guidelines to this Chapter.

C.

Issuance of an Encroachment or Obstruction Permit from the City of Oakland is not required to operate an individual food vending facility or group site in the public right-of-way.

D.

The individual, group, or legal entity desiring to engage in food vending shall obtain and maintain all required permits from the Alameda County Environmental Health Department the City of Oakland, and other regulatory agencies, including, but not limited to Electrical Permits or Fire Department permits.

(Ord. No. 13421, § 3, 3-28-2017)

Where a conflict exists between the regulations or requirements in this Chapter and applicable regulations or requirements contained in other Chapters and Titles of the Oakland Municipal Code, including but not limited to the Oakland Planning Code (Title 17), the applicable regulations or requirements in this Chapter shall prevail.

(Ord. No. 13421, § 3, 3-28-2017)

Individual food vending facilities and group sites shall be subject to the following location requirements:

A.

Food vending shall only be located in the Food Vending Program Permitted Area, and may be located on private property, on publicly-owned property, or in the public right-of-way. Food vending in the street right- of-way is restricted to designed parking spots as shown on the Food Vending Program Permitted Area map. The City Administrator or his or her designee is authorized to adopt a Food Vending Program Permitted Area Map and make amendments or correct administrative errors to such map.

B.

A location for an individual food vending facility or group site shall not be permitted if it is proposed to be closer than the distances specified below.

Three hundred (300) feet from another individual food vending facility or group site, unless individual food vending facilities or group sites are permitted to operate at designated parking spaces on the street right- of-way, or separate individual vending facilities or group sites are permitted to operate on different days of the week from the same location;

Vending within three hundred (300) feet from the parcel boundary of a school serving children between kindergarten and high school between the hours of 7 a.m. and 6 p.m. Monday through Friday is restricted as per the Administrative Guidelines to this Chapter;

Three hundred (300) feet from the primary entrance of a Full Service or Limited Service Restaurant. This separation requirement shall only apply during the normal hours of operation of the Full Service or Limited Service Restaurant. As a further exception, food vending facilities may locate: (a) within three hundred (300) feet of a Full Service or Limited Service Restaurant if the restaurant owner has provided the food vendor with permission to locate on the same lot as his/her restaurant, or if all applicable restaurant owners in the buffer area provide a signed waiver to the food vendor; (b) one hundred (100) feet from a Full Service or Limited Service Restaurant located on Telegraph Avenue between West MacArthur Boulevard and Alcatraz Avenue; (c) two (200) feet from a Full Service or Limited Service Restaurant located on Leimert Boulevard between Clemens Road and Oakmore Road; and (d) on the lot at the southeast corner of the intersection of Mountain Boulevard and Werner Court; and

Any additional location requirements, as determined by the City Administrator or his/her designee, per Section 5.51.025 of this Chapter.

C.

Individual food vending facilities or group sites cannot block or impede access to:

Required parking or driveways;

Bicycle racks;

Signal crossings;

Required off street parking;

Parking meters;

Pedestrian or bicycle routes;

Emergency vehicle routes;

Building entrances and exits;

Required accessibility routes and curb cuts;

Easements;

Trash enclosure areas or access to trash bins/trash enclosures; or

Other City facilities, as determined by the City Administrator or his/her designee.

D.

Individual food vending facilities and group sites shall maintain site circulation and access consistent with the Americans with Disabilities Act (ADA).

E.

Each stationary individual food vending facility and group site shall be located within two hundred (200) feet of a restroom facility that employees can legally access.

F.

All stationary food vending facilities on public sidewalks shall be located and operated such that a minimum of five and one-half (5½) feet of unobstructed improved sidewalk or fifty percent (50%) of the overall improved sidewalk width, whichever is greater, is provided and maintained at all times from all building entrances, as well as from parking meters, traffic signs, trees, tree wells, sidewalk planter strips, and all similar sidewalk obstacles.

(Ord. No. 13421, § 3, 3-28-2017)

A Food Vending Permit cannot be transferred or conveyed from the permit applicant, or otherwise assigned to another person or entity without written permission from the Director of City Planning or his or her designee.

(Ord. No. 13421, § 3, 3-28-2017)

No City action related to issuance and/or renewal of a Food Vending Permit for an individual food vendor or a group site shall be interpreted to confer any form of permanent land use entitlement to the person, group, entity, or property associated with such permit.

(Ord. No. 13421, § 3, 3-28-2017)

The maximum number of the different types of Food Vending Permits which may be issued shall be set by the City Administrator in the Administrative Guidelines to this Chapter, and reviewed annually. At no time shall more than the maximum number of the specified types of Food Vending Permits be active.

(Ord. No. 13421, § 3, 3-28-2017)

Application for an Individual Food Vending Permit shall be made by the owner of the affected food vending facility, or his or her authorized agent, or in the case of a Group Site Food Vending Permit, by the group site organizer, or his or her authorized agent, on a form prescribed by the Bureau of Planning. Each application for an Individual or Group Site Food Vending Permit shall include:

A.

Name, contact information, and copy of a photo ID of the applicant;

B.

A non-refundable application fee in an amount set in the Master Fee Schedule;

C.

If proposed location is on private property, written consent in a form approved by the City from the property owner (if other than self) permitting the individual food vending facility or group site to locate on the property; or, if owned by applicant, proof of ownership;

D.

A map or illustration, showing:

The proposed location(s);

The address and Assessor's Parcel Number of the subject or nearest parcel, and/or specific section of the public right-of-way in a designated parking space; and

The two (2) nearest street intersections.

E.

A site plan for each proposed location, containing:

If on a parcel, the location and dimensions of all proposed food vending facility(s), any public seating or other site amenities (including chairs and tables), buildings or other structures on site, paved areas, driveways, trash receptacles, garages, parking spaces, maneuvering aisles, and pavement striping;

If in the public right-of-way in a designated parking space, location and dimensions of the proposed food vending facility(s), sidewalks, curb cuts, trash receptacles, and obstructions such as parking meters, telecommunication boxes, street trees, and light poles.

F.

Photographs of the site(s) and food vending facility(s);

G.

Sample, photo, or rendering of proposed signs;

H.

The proposed menu of items to be offered at the food vending facility(s);

I.

Proof of all required approvals from the Alameda County Department of Environmental Health for the proposed food vending facility(s) and/or group site;

J.

Proof that the food vendor(s) and, if applicable, group site organizer, has a valid City of Oakland Business Tax Certificate;

K.

The proposed schedule for the individual food vending facility or group site, including dates, and starting and ending times of the vending period;

L.

Maintenance plan, including litter pickup and cleaning in the vicinity of the individual food vending facility or group site;

M.

The address where the food vending facility(s) will be stored and serviced during non-operating hours;

N.

The following information shall be provided regarding the commercial kitchen or commissary to be used by the applicant, if any:

Proof of all required approvals from the Alameda County Department of Environmental Health;

A valid lease between the facility operator(s) and a commercial kitchen or commissary; and

For a commissary in Oakland, evidence of a valid City of Oakland Business Tax Certificate and Zoning Clearance.

O.

A signed statement from the applicant that they will abide by all local, state and federal requirements, including, but not limited to, those relating to the minimum wage and sick leave.

P.

Proof of liability insurance in the amount required by the City's Administrative Guidelines.

Q.

Any other reasonable information regarding time, place, and manner of the individual food vending facility or group site operation that the City Administrator or his/her designee requires to evaluate the proposal.

(Ord. No. 13421, § 3, 3-28-2017)

A.

The application for a Group Site Food Vending Permit shall include the items in Section 5.51.090, and the following additional information:

Legal and business name and mailing address for each food vendor; and

Designation of a manager to be responsible for the day-to-day site management of the group site.

(Ord. No. 13421, § 3, 3-28-2017)

A.

The Director of City Planning, or his or her designee, shall determine whether the proposal meets the requirements for a Food Vending Permit as set forth in this Chapter and/or in the Administrative Guidelines to this Chapter.

The Director of City Planning, or his or her designee, shall review and issue Food Vending Permits in the following order of priority:

i.

Priority Group One: Vendors with valid, unexpired Oakland Food Vending permits (i.e. 2016-2017 Food Cart "FC" or Food Vehicle "FV" permits);

ii.

Priority Group Two: Vendors with expired Oakland Food Vending permits (i.e. 2001-2015 Food Cart "FC" or Food Vehicle "FV" permits);

iii.

Priority Group Three: Vendors applying for City-designated parking spaces in the street right-of-way; and

iv.

Priority Group Four: All other vending applicants.

Applications in Priority Group One and Two shall be reviewed based on the buffer standards that applied at the time of their initial issuance of an Oakland Food Vending permit, as described in the Administrative Guidelines to this Chapter. As a result, permits may be granted for a previously permitted location that does not meet the current buffer distances in Section 5.51.050.

Applications in Priority Group Three and Four shall be reviewed according to the current requirements for a Food Vending Permit as set forth in this Chapter and/or in the Administrative Guidelines to this Chapter. However, all permits that are renewed on an annual basis shall continue to be evaluated according to the standards that applied at the time of the initial permit issuance.

B.

Notice of the Food Vending Permit application shall be given by mail or delivery to all persons shown on the last available equalized assessment roll as owning real property in the City within three hundred (300) feet of the vending site, except that the notice area shall be limited to one hundred (100) feet for vending sites located on Telegraph Avenue between West MacArthur Boulevard and Alcatraz Avenue, and two hundred (200) feet for vending sites located on Leimert Boulevard between Clemens Road and Oakmore Road and on the lot at the southeast corner of the intersection of Mountain Boulevard and Werner Court; provided, however, that failure to send notice to any such owner where his or her address is not shown in said records shall not invalidate the affected proceedings. All such notices shall be given not less than ten (10) days prior to the date set for final decision on the application.

C.

Decision by the Director of City Planning. The Director of City Planning or his/her designee shall approve, approve with conditions, or deny a Food Vending Permit application based on the standards and criteria set forth in this Chapter and/or in the Administrative Guidelines to this Chapter. The Director of City Planning or his/her designee may impose conditions of approval on a Food Vending Permit in the exercise of his or her reasonable discretion. The applicant shall be notified of any conditions of approval in writing.

D.

The Administrative Guidelines shall include such reasonable rules and regulations as are necessary to hold any lottery the city may utilize in the issuance of permits.

E.

A Food Vending Permit application may be denied upon evidence that:

Information contained in the application, or supplementary information requested from the applicant, is false in any material detail; or

The applicant has failed to ensure conformity with the operating standards and/or permitted area location requirements in this Chapter and/or in the Administrative Guidelines to this Chapter; or

The applicant has failed to provide a complete application form after having been notified of the requirement of producing additional information or documents; or

The applicant has previously been cited by the City of Oakland for causing a public nuisance, or causing an unlawful or criminal activity during the operation of a food vending activity; or

The applicant has previously had a food vending permit revoked in Oakland or in another jurisdiction, for violating food vending permit conditions or for unlawful conduct relating thereto; or

The granting of the Food Vending Permit will have an adverse impact upon the public health, safety, or order.

(Ord. No. 13421, § 3, 3-28-2017)

Upon issuance of the permit, the applicant shall not commence business activities until:

A.

An Oakland Fire Department designee has inspected all food vending facilities for safety that involve the use of gas for cooking onsite, and a liquid petroleum gas permit has been received by the applicant.

B.

Once the food vending facility or group site has passed all required inspections and can legally operate, the applicant shall affix an issued City of Oakland Food Vending Permit seal/placard/sticker at a clearly visible location on the individual food vending facility, or display such Permit seal/placard/sticker at a prominent place at a group site. The City of Oakland Food Vending Permit seal/placard/sticker shall contain the permit

number, the expiration date, and an indication that the individual food vending facility or group site is legal to operate.

(Ord. No. 13421, § 3, 3-28-2017)

A.

Unless renewed as described in Subsection B. below, each Annual Food Vending Permit shall be valid for twelve (12) months from the month of issuance, and expire and become null and void annually on the anniversary of its month of issuance. Each Temporary Food Vending Permit shall expire and become null and void after ninety (90) days, and may be renewed for one additional consecutive ninety (90)-day time period.

B.

An individual food vending facility or group site organizer may apply to the Director of City Planning, or his or her designee, for a Food Vending Permit renewal on a form provided by the City prior to the expiration of their active Food Vending Permit. All renewal applications shall be filed with the Bureau of Planning pursuant to procedures established in this Chapter and/or in the Administrative Guidelines to this Chapter. As stated in Section 5.51.110.A, all Food Vending Permits that are renewed on an annual basis shall continue to be evaluated according to the standards that applied at the time of the initial permit issuance.

(Ord. No. 13421, § 3, 3-28-2017)

Decisions regarding a Food Vending Permit application shall be effective immediately and are not appealable.

(Ord. No. 13421, § 3, 3-28-2017)

Notwithstanding any contrary provisions in this Chapter, the permitted locations of individual mobile vending facilities has been temporarily expanded as set forth in O.M.C. Section 8.62.070 to facilitate the expansion of individual mobile vending facilities into open air spaces and public rights-of-way, which allow for adequate social distancing pursuant to federal, state, and local health guidelines.

(Ord. No. 13682, § 5, 3-15-2022; Ord. No. 13653, § 5, 6-15-2021)