Redlands Municipal Code Ch. 8.27 Food Sharing Events

The purpose of this chapter is to: protect public health, safety and welfare by requiring all persons or organizations that sponsor, promote or engage in food sharing events on City-owned property to obtain a permit issued by the City prior to engaging in such activity and requiring compliance with applicable San Bernardino County regulations regarding food preparation and distribution; to accommodate competing interests and uses for the limited park space when these activities take place in City parks; and to ensure that events taking place on City-owned property are consistent with the intended primary uses of the property. (Ord. 2860, 2018)

For the purpose of this chapter, certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it shall be apparent from their content that a different meaning is intended:

CITY-OWNED PROPERTY: Includes Municipal parking lots, Municipal parking structures, public sidewalks, public rights-of- way and City parks.

CITY PARK: Means the City Hall Plaza and any public park or open space within City limits. City Hall Plaza includes the pathways, green space and rights-of-way located on the property bounded by Citrus Street to the north, Sixth Street to the east, Cajon Street to the west, and Vine Street to the south.

FOOD SHARING EVENT: Means a non-social gathering that is planned, organized, promoted or advertised where food is distributed or offered for charitable purposes at no cost, or for a nominal charge, to any member of the public. (Ord. 2860, 2018)

It is unlawful for any individual or organization to sponsor, promote or engage in a food sharing event on City-owned property in violation of the provisions of this chapter. Any enforcement officer identified in title 1, chapter 1.24 of this Code may issue an administrative citation for a violation of this chapter. Enforcement officers, in order to protect public health, safety and welfare, are authorized to order immediate discontinuance of a food sharing event if the sponsor cannot provide proof of compliance with the County of San Bernardino's regulations concerning food preparation and distribution. (Ord. 2860, 2018)

Any person or organization sponsoring, promoting or engaging in a food sharing event on City-owned property must obtain a permit issued by the City's Quality of Life Department and comply with the following requirements:

A. Submit a permit application on a form provided by the City;

B. Submit a permit fee in an amount established by resolution of the City Council;

C. Provide proof of compliance with all applicable County of San Bernardino regulations relating to food preparation and distribution;

D. Provide proof of general liability insurance with coverage limits up to one million dollars ($1,000,000.00) per occurrence with the City of Redlands named as an additional insured;

E. Agree to indemnify, hold harmless and defend the City from claims arising from negligent acts, omissions or reckless or willful conduct of the permittee or permittee's employees, agents or volunteers related to the permittee's activities pursuant to the permit;

F. Provide a refundable deposit in the amount of five hundred dollars ($500.00) for maintenance and cleaning costs and agree to reimburse the City for maintenance and cleaning costs in excess of the deposit. (Ord. 2860, 2018)

A permittee must comply with the following regulations when conducting a food sharing event:

A. Notify the City Manager's Office at least seventy two (72) hours prior to an event, providing the location, date and time of the event.

B. Permittees shall be prepared to show proof of a valid permit issued pursuant to this chapter upon request by any enforcement officer of the City.

C. Permittees shall be prepared to show proof of compliance with all applicable County of San Bernardino regulations relating to food preparation, handling and distribution upon request by any enforcement officer of the City.

D. Permittees shall not conduct an event in a manner that prevents normal use of public streets, sidewalks or rights-of- way.

E. Permittees shall not conduct food sharing events in any Municipal parking lot or parking structure.

F. Food sharing events shall not be conducted between the hours of sunset and sunrise of the following day.

G. Permittees shall hold no more than one event per month, regardless of location. No location will host more than one event per month.

H. No food sharing event shall be permitted to last more than three (3) hours in duration. (Ord. 2860, 2018)

The City Manager or City Manager's designee shall issue a permit pursuant to this chapter, unless:

A. The applicant fails or refuses to pay the required permit fee.

B. The applicant fails or refuses to sign an agreement indemnifying the City for any claims that may arise from the permittee's activities in relation to the permit.

C. The applicant fails or refuses to obtain appropriate insurance coverage for the event.

D. The applicant fails to provide proof of compliance with the County of San Bernardino's regulations applicable to food preparation, storage, transportation, and distribution.

E. The applicant fails or refuses to provide the required deposit for maintenance and cleaning costs. (Ord. 2860, 2018)

Any permit granted pursuant to the provisions of this chapter may be revoked by the City Manager or the City Manager's designee for any violation of this chapter, any applicable provision of this Code or laws and regulations of the County of San Bernardino, or State of California. Such revocation shall be made only after written notice of the City's decision to revoke has been provided to the permit holder and upon a hearing granted to the holder of the permit so revoked as specified in this chapter. A permit holder may not sponsor, promote or engage in a food sharing event once written notice of the permit revocation has been issued. (Ord. 2860, 2018)

An applicant or permit holder may appeal the denial of a permit application, revocation of a permit, or issuance of an administrative citation by completing a Request for Hearing form and returning it to the City within fifteen (15) days from the date of being notified of the denial of the application, revocation of the permit, or issuance of the administrative citation. The applicant or permit holder shall be entitled to a hearing pursuant to the provisions of this chapter. (Ord. 2860, 2018)

A. Any hearing pursuant to this chapter shall be undertaken or held by a person designated by the City Manager. The person to whom a matter is assigned shall be deemed a "Hearing Officer". The Hearing Officer shall not be a City employee. The employment, performance evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of fines upheld by the Hearing Officer or the outcome of any appeal.

B. A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) and not more than thirty (30) days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

C. In conducting such hearings the Hearing Officer shall not be bound in the conduct thereof by the common law or statutory rules of evidence and procedure, but inquiry shall be made in the matter, through oral testimony and records, which is best calculated to ascertain the substantial rights of the public and parties. The Hearing Officer shall ensure a record of the hearing is made.

D. The Hearing Officer may continue the hearing and request additional information from the parties prior to issuing a written decision.

E. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision containing findings of fact and an evaluation of the sufficiency of evidence to support the denial of an application, revocation of a permit or finding of a violation. The written decision shall be prepared and mailed to the appellant within ten (10) days of the conclusion of the hearing and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be final.

F. If the Hearing Officer determines that an administrative citation should be upheld, then the fine amount shall be paid to the City in accordance with the provisions of title 1, chapter 1.22 of this Code.

G. If the Hearing Officer determines that a denial of an application for a permit should be reversed, the Hearing Officer's written decision shall include direction to City staff to issue a permit consistent with the Hearing Officer's findings.

H. If the Hearing Officer determines that a revocation of a permit should be reversed, the Hearing Officer's written decision shall include direction to City staff to reinstate the permit consistent with the Hearing Officer's findings. (Ord. 2860, 2018)

The provisions of this chapter shall not apply to the City's Market Night, to farmer's markets or events/activities where commercial food distribution takes place. (Ord. 2860, 2018)