Chapter 5.17 — FOOD TRUCKS

The purpose of this chapter is to regulate mobile food truck activities in order to protect public safety while accommodating commercial uses that generally promote an active and social pedestrian environment within appropriate areas of the City of Perris. The requirements provided by this chapter are in addition to any other requirement under any applicable law, including but not limited to Chapter 5.04 of Title 5 of the Perris Municipal Code.

(Ord. No. 1388, § 10, 2-11-2020)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Food truck shall mean any motorized device or vehicle by which any person or property may be propelled or moved upon a highway, or which may be drawn or towed by a motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged or otherwise given. This definition shall exclude sidewalk vendors, roaming sidewalk vendors, and stationary sidewalk vendors as defined in

Food truck event shall mean an organized gathering of food truck vendors which is open to the general public.

Food truck license shall mean a business license issued for the purpose of mobile vending pursuant to this chapter.

Property owner shall mean the holder of fee title to a property, whether a person, partnership, corporation or other entity recognized by law, and his/her/its lessees, permittees, assignees or successors in interest.

Public property shall mean any real property owned, leased, operated, or controlled by the City of Perris other than a street, alley, parkway, sidewalk or other area dedicated, identified or used as a public right-of- way.

Public right-of-way shall mean any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the city or other public entity, or subject to an easement owned by or dedicated or granted to the city.

Temporary activity and use shall mean a temporary outdoor activity or temporary use as defined by chapter 19.60.

Undeveloped lot shall mean a parcel of property as shown on a delineated parcel of land with a separate and distinct number or other delineation on a plat recorded in the office of the County Recorder of Riverside County, which is undeveloped and without any improvements necessary to provide utilities to the parcel, fire hydrants within proximity to serve the parcel, adequate street lighting adjacent to the parcel,

curb cuts adjacent to the parcel, paved driveways to serve the parcel, or any other similar type of improvements.

(Ord. No. 1388, § 10, 2-11-2020)

(a)

No person shall conduct a food truck operation within the City of Perris, without first obtaining a food truck license pursuant to this chapter from the city, except in the following situations:

(1)

No food truck license shall be required when the food truck activity is associated with the operation of a city-permitted temporary activity and use, subject to the conditions thereof.

(2)

No food truck license shall be required when the food truck activity is limited to a single food truck on private property operating solely for private catering purposes and when all of the following provisions are met:

(i)

The food truck is situated entirely on private property.

(ii)

Service is limited to the guests of the catered event only.

(iii)

No payment transactions shall occur for individual orders taken by the food truck operator.

(Ord. No. 1388, § 10, 2-11-2020)

(a)

The application for a food truck license shall be signed by the applicant and, in addition to the applicable information required under chapter 5.04, shall include all of the following information:

(1)

A description of the type of food, beverage, or merchandise to be sold, as well as hours of operation;

(2)

A description of the food truck, and any additional information that will explain the proposed use;

(3)

A description and photograph (including colors and any signs) of any food trucks to be used in the operation of the business;

(4)

Valid permit, certificate, or other authorization as required by the County of Riverside Department of Environmental Health;

(5)

Payment for any fees established pursuant to this chapter.

(6)

Ownership type (e.g., sole proprietorship, partnership, or corporation);

(7)

A declaration under penalty of perjury that the forgoing and the applicable information required to be provided under chapter 5.04 is, to the best of applicant's knowledge and belief, true and correct, and that applicant has read the application and understands all the conditions as stated therein.

(b)

Information provided in the application will become a matter of public record and will be subject to disclosures, with the exception of Social Security or federal employer identification numbers and any other exceptions permitted by law.

(c)

Not later than ten days after the filing of a completed application for a food truck license, the applicant shall be notified of the decision on the issuance or denial of the license, provided that the city may extend this time period upon notice to the applicant. Fees shall be paid prior to issuance of a permit.

(Ord. No. 1388, § 10, 2-11-2020)

It is unlawful for any person to engage in the activity of operating a food truck in the City of Perris without a valid permit, certificate, or other authorization as required by the County of Riverside Department of Environmental Health. A copy of said permit shall be kept in the food truck and shall be visible at all times. All food products sold or provided from a food truck shall comply with all applicable food labeling requirements established by the State of California.

(Ord. No. 1388, § 10, 2-11-2020)

(a)

No food truck shall operate before 7:00 a.m. or after 2:00 a.m., including setup and clean-up, except for private catering functions or special events as described in Section 5.17.030.

(b)

No food truck shall operate within 250 feet of any off-street food truck event or city-permitted temporary activity and use. Exceptions to this prohibition are allowed when consent is provided within the temporary activity and use permit or permits. in this case, all standards and conditions required by section 5.17.080 of this chapter shall apply.

(c)

Food trucks shall not idle vehicle engines more than five minutes during any one hour time period.

(d)

Food truck operators shall be responsible for controlling smoke and odors caused by food preparation so as to avoid a public nuisance.

(e)

The operation shall at all times comply with the provisions of the city's noise control ordinance, Chapter

Food trucks may operate on private properties pursuant to the following additional minimum standards and conditions:

(1)

A minimum of two off-street parking spaces shall be provided for each food truck. The parking required herein shall not be reserved, encumbered, or designated to satisfy the off-street parking of another business or activity that is operating on the site at the same time as the food truck.

(2)

Additional separate refuse and recycling containers shall be provided on-site during all hours of food truck operations. All litter generated within a minimum of a 100 foot radius of the site shall be collected prior to closure of the food truck operations.

(3)

No overnight parking of food trucks shall be allowed on the permitted vending site located on the private property.

(4)

A maximum 200 square foot, uncovered seating area may be provided to serve patrons of the food truck. All seating areas shall be removed prior to close of business for the day. The seating shall be located in an area of the site that is not landscaped, reserved, encumbered, or designated to satisfy the off street parking of a business or activity that is operating at the same time as the food truck, and shall not obstruct any pedestrian or vehicular traffic.

(5)

Permission from a private property owner to operate on the private property. The food truck shall bear the burden of showing compliance with this requirement.

(6)

The food truck operator shall properly dispose of solids or liquids consistent with applicable law, and shall not dispose of solids or liquids by discharging such solids or liquids into the public right-of-way and storm drains.

(Ord. No. 1388, § 10, 2-11-2020)

Food trucks may operate in any legal parking space, provided they comply with all of the following minimum standards and conditions:

(1)

Food trucks shall be parked directly adjacent to a paved sidewalk, free and clear for pedestrian passage.

(2)

Food service shall be limited solely to that side of the food truck facing the adjacent sidewalk.

(3)

The food truck shall be in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked, including the maximum allowed parking time limit for the parking space(s) occupied.

(4)

The food truck operations shall not obstruct pedestrian or vehicular traffic.

(5)

The food truck operator shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for required refuse and recycling receptacles, provided they maintain a clear four foot pedestrian walkway.

(6)

No food truck operator shall conduct business unless he or she maintains clearly designated refuse and recycling receptacle(s) in the immediate vicinity of the vehicle. Such receptacles shall be marked with a sign requesting use by patrons. Prior to leaving a location or moving the more than 50 feet, the food truck operator shall pick up, remove and dispose of all trash generated by the food truck operations within 100 feet of the food truck.

(7)

No food truck shall operate in such a way so as to cause an unacceptable reduction in sight distance, as provided in the latest edition of the California Department of Transportation's Highway Design Manual, for any cross street, crosswalk, driveway or any other similar location where traffic, be it vehicular, pedestrian or bicycle, can be expected to enter the street.

(8)

Food trucks shall not operate upon any public street within 1,000 feet of the nearest property line of any property on which a school is located during the school hours between the hours of 6:30 a.m. and 5:30 p.m., as may be amended by such schools, of any school day. This prohibition will not apply if the school principal gives the food truck written permission to park on school property. The food truck shall provide a copy of that authorization to the city within five days of its receipt prior to operation.

(9)

The food truck operator shall not discharge solids or liquids to the street or a storm drain.

(Ord. No. 1388, § 10, 2-11-2020)

An application fee set by resolution of the city council shall be required for formal processing of every application made under this chapter. The city council is authorized to pass resolutions to recover any and all fees and costs incurred by the administration and implementation of this chapter through an appropriate fee recovery mechanism.

(Ord. No. 1388, § 10, 2-11-2020)

All permits are valid for one year unless revoked or suspended prior to expiration. An application to renew a permit shall be made not later than 90 days before the expiration of the current permit.

(Ord. No. 1388, § 10, 2-11-2020)

(a)

Any decision regarding approval, conditional approval, denial, suspension or revocation of a food truck license may be appealed to the city manager, or his or her designee, by an applicant, a permit holder or interested party as follows:

(1)

If the appellant wishes to appeal a decision to the city manager, or his or her designee, the appellant must file a written appeal with the Perris City Clerk within ten calendar days of the decision. The written appeal shall specify the person making the appeal, the decision appealed from, shall state the reasons for the appeal, and shall include any evidence in support of the appeal which the applicant seeks to be considered

by the city manager, or his or her designee. The written appeal shall also include an appeal fee as set by resolution of the city council.

(2)

Notice of the time and place of an appeal hearing shall be providing to the appellant within 30 days of receipt by the Perris City Clerk of the written appeal.

(3)

The appeal hearing shall be held within 60 days of the filing of the written appeal with the Perris City Clerk, unless the 60 day time limit is waived by the appellant, or unless the city manager, or his or her designee, continues the appeal hearing date for a good cause and upon written notification to the appellant.

(4)

The city manager, or his or her designee, shall review the facts of the matter, written documents submitted for review, the basis for making the decision which is under appeal, and then determines whether the appealed decision should be reversed or affirmed. The determination made shall be in writing, shall set forth the reasons for the determination, and shall be final unless appealed as provided for below.

(5)

If the appellant wishes to appeal the determination of the city manager, or his or her designee, then the procedures provided in this section shall be followed for an appeal to the city council, with the exception of the city council may determine to simply affirm by minute order or resolution the determination of the city manager, or his or her designee, without review, within 60 days of receipt by the Perris City Clerk of the written appeal. Any determination of the city council shall be final.

(6)

The provisions of Section 1094.6 of the Code of Civil Procedure sets forth the procedure for judicial review of any final determination. Parties seeking such judicial review shall file such action within 90 days of a determination being made final.

(Ord. No. 1388, § 10, 2-11-2020)

All notices required by this chapter are deemed issued and served upon the date they are either deposited in the United States mail, postage pre-paid, addressed (if to an applicant, a food truck operation, or an appellant) to the applicant or food truck at the mailing address identified in its application, the last updated address on file with the director's office, or the mailing address on the appeal form; or, the date upon which personal service of the notice is provided to a responsible party.

(Ord. No. 1388, § 10, 2-11-2020)

(a)

Any violation of the provisions of this chapter, at the discretion of the city prosecutor, is punishable as a misdemeanor or an infraction pursuant to Chapter 1.16 of the Perris City Code, except for as preempted by state law; and, any violation of the provisions of this chapter is subject to administrative citation, at the discretion of the city, pursuant to Chapter 1.18 of the Perris City Code.

(b)

Public nuisance. Any food truck that is conducted in violation of any provisions of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in accordance with the procedures set forth in Chapter 7.06 of the Perris City Code. All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance, including the food truck permittee and the property owner where the nuisance is occurring.

(c)

The remedies described in this section are not mutually exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.

(d)

Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

(Ord. No. 1388, § 10, 2-11-2020)