Pomona Municipal Code § 30-716 Procedures and requirements for licensing

Footnotes:

--- (12) ---

Cross reference— Traffic and vehicles, ch. 58.

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

Public right-of-way means any portion of a public street right-of-way which is set apart by curbs, barriers or markings or other delineation for pedestrian travel.

Public street means that portion of a public street designated as such, which is improved, designed or ordinarily used by the public for the primary purpose of vehicular travel.

(Code 1959, § 28-310(c); Ord. No. 3426, § 1 (part))

Cross reference— Definitions generally, § 1-2.

This article shall apply to all persons who engage in the sale or who offer the sale of any goods, wares or merchandise from vehicles.

(Code 1959, § 28-310(b); Ord. No. 3426, § 1 (part))

(a) Authority. This article shall be enforced by any duly authorized city employee or officer, including but not limited to inspectors of the municipal code enforcement division and police department officers.

(b) Confiscation of merchandise. Any merchandise offered for sale that has not been listed pursuant to section 30-716(2)b.6. or is not a normal incident to such product as listed may be confiscated by the enforcing officer.

(c) Spot inspections. For cause or as incident to a policy of ongoing inspection, duly authorized city employees may make an onstreet inspection of the vehicle. Such inspections shall be reasonable in scope and shall be limited to such duration as is reasonably required to ensure that the applicable regulations are being conformed to by the operator.

(Code 1959, § 28-313; Ord. No. 3426, § 1 (part))

(a) Fees. For the purposes of this article, fees shall be imposed as follows:

(1) Inspection and operator's permit. All fees for the vehicle inspection and the operator's permit shall be adopted by resolution of the city council.

(2) Reinspection. If a vehicle does not conform to the requirements applicable for such vehicle and the applicant wishes to correct the deficiencies specified in the initial inspection, the reinspection fee shall be one-half of the fee charged for the initial inspection.

(b) Appeals. Any appeal from the denial or revocation of a business license or vendor's permit shall be conducted in a manner as set forth in sections 50-346 through 50-348 and 50-381 through 50-389.

(Code 1959, § 28-314; Ord. No. 3426, § 1 (part))

It is the purpose of this article to protect citizens of the city from the intrusion of unsafe, unhealthful and unsightly vehicles utilized for the purpose of street vending and deem it unlawful for any person to conduct the sale of consumable and/or nonconsumable products on any public place, public street, or right-of-way within the city. As such, no person shall sell, engage in sales, or offer to sell any goods, wares or merchandise in any public place, public street, or public right-of-way within the city except for the following:

(1) Catering truck vendors;

(2) Ice cream truck vendors; or

(3) Vendors of foodstuff products directly to a consumer.

(Code 1959, § 28-310(a); Ord. No. 3426, § 1 (part))

Each firm, operator and vehicle conducting or being utilized for the purpose of street vending shall comply with the following:

(1) Principal place of business licensing. Licensing of the principal place of business shall be in accordance with the following:

a. All principal places of business of persons conducting street vending located in the city shall obtain and maintain current a city business license.

b. Each principal place of business of persons conducting street vending shall have a current and valid county health permit.

(2) Vehicle licensing. Vehicle licensing requirements shall be as follows:

a. All vehicles shall have a business license that shall be specifically and solely applicable to the vehicle for which such license is requested. The license shall not be transferable to any other vehicle. The proof of possession of a current and valid business license for the vehicle shall be a decal sticker, permanently affixed to the vehicle, that has been issued by the city.

b. As a precondition to issuance of a vehicle individual business license, the applicant shall submit to the business license division the following:

1. Proof of vehicle insurance.

2. Proof of current vehicle registration.

3. Proof of a valid county health permit for the vehicle.

4. The name and current address of an adult who may be reached in an emergency or other incident involving the vehicle.

5. The address of the site where the vehicle and the products are stored during nonbusiness hours. If applicable, the applicant shall also provide proof of a valid city home occupation permit.

6. A schedule of the products to be offered for sale in the vehicle.

c. The police department shall inspect and approve each vending vehicle. The police department shall approve a vehicle if it conforms to the following criteria:

1. The vehicle conforms to all Vehicle Code requirements.

2. The vehicle is a step-van, pickup truck, or commercially designed vehicle for the specific purpose of vending which has a minimum frame capacity of one-half ton.

3. The interior surfaces of the vehicle are smooth, washable, and impervious to penetration by liquids.

4. The vehicle points of entry are able to be locked and unlocked from the interior.

5. Commercially designed storage equipment, for the storage of consumable products, is present and in a proper working condition.

6. The vehicle has mirrors, as required by the Vehicle Code, to ensure adequate rear vision, and the vehicle shall have a functioning, automatically activated backing-up warning device. A vehicle having clear glass windows at the rear of the vehicle must also meet the rear vision requirement of the Vehicle Code.

7. The vehicle exterior identifies the business name, address, and telephone number. The required information shall be displayed on both the rear and the vending side of the vehicle and shall be communicated by block letters and numbers that are not less than three inches nor more than five inches in height and width.

8. Product advertising on the vehicle exterior shall be limited to one menu board. Such menu board shall not exceed the dimensions of 24 inches in width and 36 inches in height and shall be located on the vending side of the vehicle.

9. Vending shall be conducted either on the righthand side of vehicle or from the rear.

(3) Operator licensing. Each person who operates or conducts commercial transactions from a vending vehicle shall have a valid vehicle vendor's permit. The applicant shall be issued the vehicle vendor's permit upon submittal to and approval by the fire department, code enforcement division, of the following:

a. Proof of the current state driver's license.

b. A true printout from the department of motor vehicles that details the driving record of the applicant. The applicant shall not be denied a permit, unless the record indicates the operator will pose a substantial risk to the public health, safety or welfare.

c. Proof of valid comprehensive automobile insurance.

The vehicle vendor's permit shall be issued by the fire department and shall be in the form of a laminated plastic badge that sets forth the name and photograph of the person to whom the permit is issued. Each person to whom a permit is issued shall wear it at all times during which he is conducting business. The vendor's permit shall be placed in a manner so as to allow for convenient observation by the public.

(Code 1959, § 28-311; Ord. No. 3426, § 1 (part); Ord. No. 3932, §§ 1, 2)

It shall be unlawful to conduct vehicle vending operations in a manner that does not conform to the following:

(1) There shall be compliance with all applicable law.

(2) Sales or operation of a vehicle may be conducted only by a person licensed by the city.

(3) Sales may be conducted only from a licensed vehicle.

(4) All perishable foodstuffs must be properly stored in the commercially designed storage equipment appropriate for such consumable.

(5) The vehicle interior must be maintained in a safe, clean and sanitary condition.

(6) No purchasers shall be allowed to enter into the interior of the vehicle.

(7) Vending vehicle sales shall be permitted only between the hours of 7:00 a.m. and 8:00 p.m.

(8) No vending vehicle shall park less than:

a. Thirty feet from any street corner; or

b. Three hundred feet from any public park or any school, whether public or private.

(9) Vendors are not exempt from Vehicle Code § 22502(a) and must legally park at the curb, during the conduct of business. Vendors shall not double park or in any way impede traffic, as set forth in Vehicle Code § 22400.

(10) Vehicles shall stop and park for the purposes of conducting business only if requested to do so by a bona fide purchaser. Such business-related stopping shall be limited in duration to the time required to actually commence and conclude the transaction, but in no case shall the duration of a stop exceed ten minutes at any single location. Every change of location shall be at least 50 linear feet away from the previous location.

(11) No vendor shall operate any equipment or device that emits an audible output in a manner that violates article VII of chapter 18.

(12) No vendor shall sell any item in violation of sections 34-281 and 34-282 of the Pomona City Code.

(Code 1959, § 28-312; Ord. No. 3426, § 1 (part); Ord. No. 4071, § 1, 9-16-2006)