Oceanside Municipal Code Art. VI Food Vending Vehicles

For the purposes of this chapter, "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, bakery truck, or ice cream or ice cream product truck. "Prepared food vending vehicle" includes mobile food preparation units as defined in Section 13601(a) of Title 17 of the California Administrative Code.

(Ord. No. 83-14, § 4, 4-27-83)

For the purposes of this chapter, "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.

(Ord. No. 83-14, § 4, 4-27-83)

No person shall stop or park a food vending vehicle on a public street for the purpose of selling, giving away, displaying or offering for sale any food or beverage product except for a period of time not to exceed one (1) hour on any one (1) block on a street with a posted speed limit of twenty-five (25) mph or less provided the food vending vehicle is not stopped or parked within five hundred (500) feet of licensed restaurant establishments, schools, public park concession stands, or approved special events. No tables, chairs, or other food preparation equipment may be used outside of a food vending vehicle stopped or parked on a public street, other than allowed by a special events permit issued pursuant to Chapter 30A of this Code.

No person shall stop, park or cause any food 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 project from a food vending vehicle while such repairs are being made. No person shall 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; in no event shall any person stop, park or cause a food vending vehicle to remain on any vacant lot or undeveloped parcel of land for the purpose of selling, giving away, displaying or offering for sale any food or beverage product, other than allowed by a special events permit [issued pursuant to] Chapter 30A of this Code. Water flush toilet facilities for the use of food service personnel shall be available within one hundred (100) feet of the vehicle whenever it is stopped to conduct business on private property or allowed by a special events permit [issued pursuant to] Chapter 30A of this Code for more than a one-hour period.

(Ord. No. 83-14, § 4, 4-27-83; Ord. No. 12-OR0064-1, § 1, 1-18-2012)

The provisions of this chapter and other city, county and state laws and regulations relative to health and sanitation apply to all food vending vehicles. All food vending vehicles are required to obtain an annual business license inspection. Prepared food vehicles operating as mobile food facilities within the city are subject to the established business license fees for restaurants.

(Ord. No. 83-14, § 4, 4-27-83; Ord. No. 12-OR0064-1, § 1, 1-18-2012)

The provisions of the San Diego 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.

(Ord. No. 13-OR0118-1, § 1, 2-27-2013)

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 this Code shall pay the county the fee established in the County Code for that permit or service, including delinquent payment fees.

(Ord. No. 13-OR0118-1, § 1, 2-27-2013)

Editor's note— Ord. No. 12-OR0064-1, § 1, adopted Jan. 18, 2012, repealed § 12.56, which pertained to vehicle cleanliness and derived from Ord. No. 83-14, § 4, 4-27-83.

Editor's note— Ord. No. 12-OR0064-1, § 1, adopted Jan. 18, 2012, repealed § 12.57, which pertained to unprepared food vending vehicles and derived from Ord. No. 83-14, § 4, 4-27-83.

Editor's note— Ord. No. 12-OR0064-1, § 1, adopted Jan. 18, 2012, repealed § 12.58, which pertained to prepared food vending vehicles and derived from Ord. No. 83-14, § 4, 4-27-83.

Editor's note— Ord. No. 12-OR0064-1, § 1, adopted Jan. 18, 2012, repealed § 12.59, which pertained to restriction on vehicle use and derived from Ord. No. 83-14, § 4, 4-27-83.

Editor's note— Ord. No. 12-OR0064-1, § 1, adopted Jan. 18, 2012, repealed § 12.60, which pertained to responsibility for violations and derived from Ord. No. 83-14, § 4, 4-27-83.

Editor's note— Ord. No. 12-OR0064-1, § 1, adopted Jan. 18, 2012, repealed § 12.61, which pertained to permit application and issuance and derived from Ord. No. 83-14, § 4, 4-27-83.

Editor's note— Ord. No. 12-OR0064-1, § 1, adopted Jan. 18, 2012, repealed § 12.62, which pertained to permit display and derived from Ord. No. 83-14, § 4, 4-27-83.

Editor's note— Ord. No. 12-OR0064-1, § 1, adopted Jan. 18, 2012, repealed § 12.63, which pertained to permit revocation and derived from Ord. No. 83-14, § 4, 4-27-83.

(a) General regulations. No owner or operator shall maintain, conduct, manage or operate any vending vehicle without complying with the provisions of this section as applicable and the requirements as hereinafter established.

(b) Protection from contamination. Every vending vehicle shall be constructed in such a manner that all foods are protected from dust, dirt, flies and other injurious materials.

(Ord. No. 83-14, § 4, 4-27-83)

(a) General regulations. Vending vehicles shall comply with all provisions of this Code and other ordinances of the city regulating food-handling establishments insofar as such regulations are applicable to vending vehicles and the operation thereof.

(b) Specific regulations. No owner or operator shall maintain, conduct, manage or operate a vending vehicle without complying with the provisions of this section as applicable and the requirements as hereinafter established:

(i) Protection from contamination. Every vending vehicle shall be constructed in such a manner that all foods are protected from dust, dirt, flies and other injurious materials.

(ii) Single-service utensils. Single-service disposable wrapped cups, plates, forks and spoons shall be provided. No dishes, cups or utensils capable of being reused shall be provided for the customers.

(Ord. No. 83-14, § 4, 4-27-83)