Oceanside Municipal Code Art. II Miscellaneous Solicitations

[For the purposes of this article, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.]

Bicycle means any vehicle defined by California Vehicle Code Section 231.

Mobile food unit means any food establishment which is readily movable, including, but not limited to, pushcarts and stands, and on or in which food is prepared, stored, displayed, served, distributed, transported, offered for sale or sold at retail or given away without charge. Mobile food unit shall not include prepared food vending vehicles, regulated by section 12.50 of this Code; mobile food preparation units, regulated by Title 17, Chapter 5, Subchapter 2, Group 1, Article 10, of the California Administrative Code; or commercial coaches regulated by Title 25, Chapter 3, Subchapter 2, Articles 3 and 3.5, of the California Administrative Code.

Mobile merchandise unit means a movable vehicle from which merchandise is displayed and sold, including a mobile food unit.

Motorized bicycle means any vehicle defined by California Vehicle Code Section 406.

Non-potentially hazardous food means food which is not potentially hazardous as defined in Section 28810 of the Health and Safety Code. It includes popcorn, peanuts, pretzels, or other food approved by the San Diego County Department of Health Services.

Potentially hazardous food means any food which is capable of supporting the growth of infectious or toxicogenic microorganisms when held at temperatures over forty-five (45) degrees Fahrenheit.

(Ord. No. 98-17, § 1, 4-22-98)

Generally, and notwithstanding the registration requirements above, solicitations are permitted at the Oceanside Small Craft Harbor if all of the following conditions are met:

(1) Merchandise is displayed or sold only from a mobile merchandise unit.

(2) The vehicle which propels the mobile merchandise unit shall be either a bicycle or a motorized bicycle, which vehicles must be licensed and/or registered pursuant to California Vehicle Code Regulations.

(3) Food or drink items must be displayed and offered for sale from a mobile food unit.

(4) Alcoholic beverages may not be displayed or offered for sale from a mobile merchandise unit.

(5) Mobile food units shall possess a valid health permit from the San Diego County Department of Health Services to operate the mobile food unit.

(6) Mobile merchandise units shall be operated only by a business licensed by the City of Oceanside to do business in a permanent location in the Oceanside Small Craft Harbor.

(7) Mobile merchandise units shall be operated only by a bona fide employee of the licensed business, and in no case by an independent contractor or by a subleases of the licensed business.

(8) Merchandise displayed and offered for sale from a mobile merchandise unit is identical to merchandise offered for sale by the licensed business at its permanent business establishment in the harbor.

(9) Mobile merchandise units are operated only from May 1 through October 31.

(10) Mobile merchandise units shall be operated only on streets, roadways, and public parking lots, and in no case on a sidewalk.

(11) No person shall stand or park any mobile merchandise unit on any portion of any street except at the request of a bona fide purchaser for a period of time not to exceed ten (10) minutes. Nothing in this section shall controvert traffic provisions contained in the California Vehicle Code or Oceanside City Code regarding the stopping, standing, or parking of vehicles on public streets, highways, or parking lots.

(12) Mobile merchandise units shall be operated only from sunrise to sunset.

(13) Every operator of a mobile merchandise unit shall agree in writing to indemnify and hold harmless the Oceanside Small Craft Harbor District and the City of Oceanside from and against all claims, suits, damages, costs, losses, and expenses in any manner resulting from, arising out of, or connected with the operation of said mobile merchandise unit.

(14) Mobile merchandise units and their operators shall comply with all additional regulations promulgated by the Oceanside Director of Harbor and Beaches to operate a mobile merchandise unit within the harbor.

(15) Written authorization to operate the mobile merchandise unit within the harbor shall be obtained from the Oceanside Director of Harbor and Beaches.

(Ord. No. 98-17, § 1, 4-22-98)

Vending units along The Strand and on the Oceanside Municipal Pier are permitted if the following conditions are met:

(1) Only food, beverages or recreational equipment or related items may be disposed, offered for sale, sold, rented or offered for rent.

(2) Units vending food or beverages shall possess a valid health permit issued by the San Diego County Department of Health Services.

(3) Every operator shall obtain an Oceanside business license.

(4) Every operator shall agree in writing to indemnify and hold harmless the City of Oceanside from and against all claims, suits, damages, costs, losses or expenses in any manner resulting from, arising out of or connected with the operation.

(5) Every operator shall provide to the City of Oceanside proof of insurance coverage in the amount of one million dollars ($1,000,000.00) listing the City of Oceanside as an additional insured.

(6) No operator shall operate any vending unit without prior authorization from the Oceanside City Council.

(Ord. No. 98-17, § 1, 4-22-98; Ord. No. 98-25, § 2, 8-5-98)

Any person who violates any of the provisions of this article as provided herein shall upon conviction be deemed guilty of a public offense as referenced under this Code and may be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. No. 98-17, § 1, 4-22-98)