Sacramento Municipal Code Art. IV Food Vending Vehicle Property Permits

A. No property owner shall allow another person to operate a food vending vehicle on their property for more than thirty (30) minutes, unless a food vending vehicle property permit issued pursuant to this chapter is in effect for that property.

B. No property owner shall allow another person to operate a food vending vehicle on their property in violation of any conditions of a property permit or conditional use permit in effect for that property, including but not limited to conditions relating to the number of vehicles allowed and hours of operation.

C. All property permits are the property of the city and each shall authorize the operation of food vending vehicles on a specified property. No person shall sell or transfer, or attempt to sell or transfer, any property permit. (Ord. 2015-0016 § 2)

A. An application for a food vending vehicle property permit shall be filed with the director and shall contain the following:

1. The name, address, and telephone number of the permit applicant;

2. Address and description of the private property upon which the applicant wishes to operate one or more food vending vehicles;

3. Written evidence that the applicant is an owner, lessee, or holder of a similar interest in the private property;

4. The name and address of all owners of the private property;

5. Such other information as may be required by the director to further the purposes of this chapter.

B. Every application for a property permit shall be accompanied by a nonproratable and nonrefundable application fee in an amount established by resolution of the city council.

C. No person shall knowingly make a false statement of fact or knowingly omit any information that is required in an application for a property permit. (Ord. 2015-0016 § 2)

A. If the applicant seeks a food vending vehicle property permit that authorizes the operation of one or two food vending vehicles on the subject property, the applicant shall comply with the following:

1. Not later than five days after filing a complete application required by Section 5.68.120, the applicant shall post in a conspicuous place on the property for which the application was submitted, a notice of intent to allow food vending vehicles. The notice shall be provided by the city, and contain:

a. A heading of "NOTICE OF INTENT TO ALLOW FOOD VENDING VEHICLES ON THIS PROPERTY";

b. The name of the applicant;

c. A description of the type of operation sought in the application, including the number of food vending vehicles, the hours of operation, and any other information requested by the director;

d. The date that the director is required to act on the application, and a request that any comments or questions concerning the application should be communicated to the director prior to that date; and

e. Notice that the director's decision to grant the application may be appealed pursuant to Article VI of this chapter.

2. No later than five days after filing a complete application required by Section 5.68.120, the applicant shall mail the notice of intent to allow food vending vehicles prescribed in subsection (A)(1) of this section to all owners of property as shown on the latest equalized assessment roll within a radius of five hundred (500) feet of the property that is the subject of the application.

B. Failure of any person to receive notice as required by subsection A of this section shall not affect the validity of any decision of the director.

C. Applications for a property permit shall be investigated by the director. The director shall take into consideration the existing uses of the surrounding properties and any public safety problems or nuisances that the issuance of the permit might create. The director shall also refer every application to the chief of police for a written report concerning any potential public safety problems, and to the planning director for a written report concerning the compatibility of the proposed use of the premises with existing zoning and neighborhood land uses. The director may also consider other sources of information. (Ord. 2015-0016 § 2)

If the applicant seeks a food vending vehicle property permit that authorizes the operation of more than two food vending vehicles on the subject property at the same time, a valid conditional use permit for an outdoor market issued pursuant to the Planning and Development Code for the subject property is required. The application for a property permit must contain a copy of the conditional use permit, including all conditions of the permit. (Ord. 2015-0016 § 2)

A. In issuing a food vending vehicle property permit, the director may impose conditions on the permit relating to public health, safety, and welfare. The conditions may include, but are not limited to, regulations on the time of operations, the sale and consumption of alcohol, security measures, sanitation, restrooms, furniture, and lighting.

B. A property permit may be denied by the director on any of the following grounds:

1. The information submitted in the application for the property permit is materially false or incomplete;

2. The operation of food vending vehicles on the subject property would be a violation of this code, including, but not limited to, the provisions of Articles VII, VIII and IX of this chapter;

3. The operation of food vending vehicles on the subject property, in the director's opinion, would likely cause a public safety problem, create a public nuisance, or would otherwise be contrary to the public interest;

4. The applicant or any owner of the private property has unpaid administrative penalties imposed pursuant to Chapter 1.28 for the violation of provisions of this chapter; or

5. Within twelve (12) months of the date of application, the applicant or any owner of the private property has had a property permit revoked. (Ord. 2015-0016 § 2)

A. The director shall decide to grant or deny an application for a food vending vehicle property permit in writing within sixty (60) days after the date of application.

B. Within five days after the director's decision, the director shall mail written notice of the decision to the applicant. The notice shall state whether the director issued or denied the property permit, and if the director issued the property permit, whether any conditions were imposed. The notice shall also contain a notification of appeal rights set forth in Article VI of this chapter.

C. The director shall also mail the written notice of the decision to all owners of property as shown on the latest equalized assessment roll within a radius of five hundred (500) feet of the property which is the subject of the application; and post the notice in a conspicuous place on the premises for which the application was submitted.

D. Failure of any person to receive notice as required by subsection B of this section shall not affect the validity of any decision made by the director. (Ord. 2015-0016 § 2)

A. All food vending vehicle property permits shall expire on April 30th of the calendar year following the date of issuance, unless sooner revoked.

B. A permittee may file an application for renewal of a valid property permit with the director between March 1st and March 31st for the permit period beginning the following May 1st. Upon the applicant's request and a showing of a delay caused by circumstances beyond the applicant's control, the director may grant an extension of the March 31st deadline, up to ninety (90) days. If a permittee files an application for renewal after March 31st but before May 1st, without an extension, the city may impose a late penalty in an amount established by resolution of the city council and the permit renewal may not be issued prior to the expiration of the current permit. Any renewal application filed after the permit has expired shall be denied, unless an extension has been granted.

C. Renewal applications shall contain information as may be required by the director to further the purpose of this chapter and shall be accompanied by a nonproratable and nonrefundable renewal application fee in an amount established by resolution of the city council.

D. Sections 5.68.130 and 5.68.140 and subsection C of Section 5.68.160 do not apply to applications for the renewal of a valid property permit.

E. Property permit renewals may be issued or denied in accordance with the provisions of Section 5.68.150.

F. No person shall knowingly make a false statement of fact or knowingly omit any information that is required in an application for the renewal of a valid property permit. (Ord. 2015-0016 § 2)

An owner of private property in a heavy commercial and industrial zoning district is exempt from the food vending vehicle property permit requirement in Section 5.68.110, as it applies to that property. (Ord. 2015-0016 § 2)

An owner of private property upon which any building or structure is being constructed, demolished, altered, or repaired is exempt from the food vending vehicle property permit requirement in Section 5.68.110, as it applies to that property, during the hours that such activity is taking place, and for the purpose of selling food and beverages to persons engaging in such activity. (Ord. 2015-0016 § 2)

A. An owner of private property shall be exempt from the food vending vehicle property permit requirement in Section 5.68.110 and Chapter 17.232, Nonconforming Uses, if the food vending vehicle permittee operating on the property has an established operation on private property, as provided in this section.

B. A food vending vehicle permittee has an established operation on private property if, based on credible evidence submitted by the permittee prior to March 31, 2008, the director finds that the permittee's food vending vehicle has operated on a private property with the continuous consent of the property owner since at least January 1, 2006.

C. The exemption in the above subsection A is subject to the following conditions:

1. The exemption applies only to the specific private property that the director determines is the location on which the food vending vehicle permittee has an established operation on private property, pursuant to subsection B of this section;

2. The exemption applies only as long as the property owner's consent is continuously maintained. If consent is revoked or is allowed to expire at any time, this exemption shall no longer apply or be available even if consent is subsequently obtained;

3. The exemption applies only as long as a food vending vehicle permit related to a vehicle operating on the property, is continuously maintained as valid. If the vehicle permit is revoked or is not renewed at any time, this exemption shall no longer apply or be available even if a vehicle permit is subsequently obtained;

4. This exemption applies only as long as the business of operating a food vending vehicle that was operating on the property on March 31, 2008 is continuously operating there. If the business is sold, the new owner may continue to operate a food vending vehicle on the property in accordance with this exemption;

5. This exemption applies to the operation of only one food vending vehicle on the property;

6. A person may only operate a food vending vehicle in accordance with this exemption between the hours of 5:00 a.m. of one day, and 2:00 a.m. of the following day; and

7. Except as set forth in subsection A of this section, the operation of the food vending vehicle shall comply with all other provisions of this code. (Ord. 2015-0016 § 2)