Oakland Municipal Code Art. II Standards and Requirements

A. The regular permitted hours of operation for all individual food vending facilities and group sites are 7:00 a.m. to 10:00 p.m., daily.

B. If an applicant is granted permission for late night vending, as described in the Administrative Guidelines to this Chapter, the City may allow an individual food vending facility or group site to operate later than the regular permitted hours, but no later than 3:00 a.m.

C. For Group Sites in the public right-of-way, the specific hours of operation shall be determined by the City, and shall not exceed more than five (5) hours of food vending operation on any day of permitted group site activity, unless specified otherwise at the discretion of the Director of City Planning or his or her designee.

(Ord. No. 13421, § 3, 3-28-2017)

A. Appearance and condition of the food vending facility.

1. All food vending facilities and group sites shall clearly display a current City of Oakland business tax certificate, Alameda County Environmental Health permit (and decal), and City of Oakland Food Vending Permit (and decal) in plain view and at all times on the exterior of the food vending facility or at the group site.

2. No more than three (3) signs shall be attached to any food vending facility, with a maximum aggregate display surface of thirty (30) square feet of signage per food vending facility.

B. Utilities.

1. Individual food vending facilities and group sites shall either be entirely self-sufficient in regards to gas, electricity, water, and telecommunications, or the food vending facility shall be required to apply for appropriate permits for any utility hook-ups or connections to on-site utilities to ensure building and public safety and consistency with applicable building codes.

C. Refuse, trash and litter maintenance.

1. The food vending facility or group site organizer shall not throw, deposit, discharge, leave, or permit to be thrown, deposited, discharged, or left, any fat, oil, grease, refuse, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, gutter, storm drain, inlet, catch basin, conduit or other drainage structure, or upon any public or private lot of land in the City, so that the same might be or become a pollutant.

2. Other than roaming food vending facilities, a minimum of one thirty-two (32)-gallon litter receptacle shall be within fifteen (15) feet of each individual food vending facility for customers and employees.

3. Individual food vending facilities and group site organizers shall maintain the subject site and adjacent public right-of-way free of litter on and within one hundred (100) feet of their site.

4. At a minimum, all refuse shall be removed from the individual food vending facility location or group site, and properly disposed of after each vending period.

5. Failure to adequately clean up after a food vending operation date shall be grounds for denying an applicant's request for permit renewal as set forth in Section 5.51.130.

D. Seating, chairs and tables.

1. Depending on site size, configuration and location, a plan for site amenities, including but not limited to tables and chairs, portable restroom facilities, and/or temporary shade structures, may be permitted in conjunction with the operation of a food vending site. A site plan depicting the proposed location of any site amenities shall be submitted for review and approval in conjunction with a food vending permit application.

E. Performance standards.

1. Noise levels from food vending facilities shall not exceed the City's noise ordinance standards. Vendors should use low-noise emission generators.

2. Noise and odors from food vending facilities shall be contained within immediate area of the permitted food vending location.

3. The food vendor shall maintain site circulation for pedestrians and access consistent with the Americans with Disabilities Act.

F. Security.

1. The site shall be maintained in a safe and clean manner at all times.

2. Food vending facilities and group sites shall have adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.

G. Other requirements.

1. Food vending facilities shall be maintained in operating condition at all times, and shall be movable at all times.

2. No food vending vehicle shall become a permanent fixture on the site and shall not be considered an improvement to real property.

3. The food vendor shall maintain a valid Alameda County Environmental Health Permit at all times. If the permit expires, or is suspended or revoked, then all food sales shall cease until the permit is reinstated.

4. The organizer of a group site or their representative shall be personally present at all times during group site operations.

5. Proof of liability insurance in the amount required by the City shall be maintained by the individual food vendor or group site organizer.

6. The posting of the food vending permit at the site is required at all times.

7. The individual food vendor or group site organizer shall have a working telephone where he/she can be reached directly at all times during food vending.

8. The vending site shall be paved.

(Ord. No. 13421, § 3, 3-28-2017)

A. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this Chapter shall not become a personal liability of any public officer or employee of the City.

B. To the maximum extent permitted by law, the permittees under this Chapter shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Oakland, the Oakland City Council, the Oakland City Planning Commission, and their respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called "City") from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings or judgment (including legal costs, attorneys' fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called "Action") against the City to attack, set aside, void or annul, any food vending- related approvals and actions or implementation of such approvals and actions, including conditions of approval, if any. The City may elect, in its sole discretion, to participate in the defense of said Action and the permittee shall reimburse the City for its reasonable legal costs and attorneys' fees.

C. Within ten (10) calendar days of the service of the pleadings upon the City of any Action as specified in Subsection B above, the permittee shall execute a Letter of Agreement with the City, acceptable to the Office of the City Attorney, which memorializes the above obligations. These obligations and the Letter of Agreement shall survive termination, extinguishment or invalidation of the food vending-related approval. Failure to timely execute the Letter of Agreement does not relieve the permittee of any of the obligations contained in this Section or any other requirements or performance or operating standards that may be imposed by the City.

(Ord. No. 13421, § 3, 3-28-2017)