San Bruno Municipal Code Ch. 4.20 Regulation of Vehicle Vendors

It is the purpose and intent of the city council in enacting the ordinance codified in this chapter to provide responsible companies and individuals who engage in the operation of vending vehicles with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace.

(Ord. 1714 § 2, 2006; Ord. 1878 § 4, 2020)

For the purposes of this chapter, unless the context clearly indicates otherwise, certain words and phrases used in this chapter are defined as follows:

"Permit"

means a vehicle-vending permit issued by the city pursuant to this chapter.

"Permit authority"

means the finance director of the city, his or her designated representative, or such other person who may be designated by the city manager to carry out the duties of permit authority under this chapter.

"Vehicle vendor"

means any person (natural person, firm, partnership, association, corporation, or other entity) vending from a vehicle used for the purposes of selling, or offering for sale, goods or merchandise to the public. "Vending vehicles" means and includes, but is not limited to, any catering truck, lunch wagon, eating car, van or trailer.

(Ord. 1714 § 2, 2006; Ord. 1878 § 4, 2020)

It is unlawful for any vehicle vendor to sell or offer for sale any goods or merchandise from any vehicle parked, stopped or standing upon any public property in the city except in accordance with all applicable provisions of this chapter and code.

(Ord. 1714 § 2, 2006; Ord. 1878 § 4, 2020)

A. Each operator shall possess and at all times display in conspicuous view within each vending vehicle the following:

1. A valid city of San Bruno vehicle vending permit;

2. A valid city of San Bruno business license; and

3. A county and/or state health permit, in accordance with state law.

B. Vending from any vehicle shall be limited to the posted parking time limits but not to exceed a maximum of two hours regardless of the posted parking time limits in any one location, and the vehicle must be moved a distance of not less than five hundred feet between consecutive stops at which vending occurs. Once a vehicle has moved from a vending location, that vehicle vendor and any vendor owned by the same business or business owner may not return to within five hundred feet of that location for at least three hours.

C. Vending from any vehicle shall not be permitted within one hundred feet of any intersection of two or more public streets or within two hundred feet of any schoolyard, public park, or public playground.

D. Vending from any vehicle shall not be permitted within twenty-five feet of fire hydrants.

E. Vehicles shall not be parked, stopped or left standing in any manner that blocks or impedes vehicular access or creates a visual or physical obstacle to safe entry or exit from or around any driveway, parking lot entrance/exit, loading zone, bus stop, or disabled parking spaces, or restricts the free movement of other vehicles upon any street. For purposes of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the vending vehicle creates a visual or physical obstacle to safe entry or exit from or around the zones designated herein.

F. Operators shall not conduct business in any congested traffic area where their operation might impede or inconvenience the public. For purposes of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is a congested traffic area or whether the public is impeded or inconvenienced by the operation of the vehicle vendor.

G. Each vending vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending. Each street vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrappers, litter or other refuse from the vehicle and which have been left or abandoned within ten feet of such vehicle on any public property other than in a trash receptacle provided for such purposes.

H. Vending shall not be permitted until the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner.

I. Vending vehicles shall not use any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to goods or merchandise.

J. Vending shall not be permitted directly to persons in other vehicles or from other than the curbside of the vending vehicle.

(Ord. 1714 § 2, 2006; Ord. 1740 § 2, 2007; Ord. 1878 § 4, 2020)

A. It is unlawful for any vehicle vendor to sell or offer for sale any goods or merchandise on any public property where such activities are permitted pursuant to this chapter without a permit issued in accordance with this section.

B. Any person desiring to engage in street vending within the city shall first obtain a permit from the finance department. An application for a vehicle-vending permit shall include the following information in writing:

1. Permanent address and telephone number of the applicant, who shall be the owner of the business;

2. A description of the goods or merchandise that the person intends to vend;

3. The number of vending vehicles to be owned, operated or controlled by the applicant, and the make, body, style, year, serial and engine number, state license plate number, vehicle identification number, and name and address of the registered and/or legal owners of each vehicle;

4. A description of the logos, color scheme, insignia and any other distinguishing characteristics of the applicant's vehicles;

5. A certificate of insurance or other additional proof as may be required by the city's finance director, showing evidence of insurance in an amount and terms as set by the city attorney annually and in conformance with the state vehicle code requirements;

6. A sworn statement by the applicant that all vending vehicle drivers employed by the applicant possesses a valid California driver's license and a copy of the valid California driver's licenses of all drivers employed by the applicant driving vending vehicles within San Bruno;

7. A description of any additional equipment or materials to be used in conjunction with the vending vehicle(s);

8. A copy of all required county permits including, but not limited to, applicable county and or state health permits;

9. A photograph of the applicant taken within sixty days prior to the filing of the application of a size determined by the finance director showing the head and shoulder in a clear and distinct manner;

10. A statement as to whether any permit or license previously granted by the city to applicant to engage in any business in the city has been denied or revoked, the time of denial or revocation, and the reasons therefor, and a statement as to whether any application for a permit or license from the city to engage in any business therein has been denied.

C. Those persons operating in the city as street vendors on the effective date of the ordinance codified in this chapter shall be required to obtain a permit within thirty days of the effective date of the ordinance codified in this chapter and thereafter on an annual basis at the time the applicant's business license is subject to renewal.

D. A nonrefundable fee, in an amount established by resolution of the city council, to defray the costs of reviewing the application for conformance with this chapter.

(Ord. 1714 § 2, 2006; Ord. 1878 § 4, 2020)

A. Permits must be renewed annually at the time the vendor's business license is due for annual renewal.

B. Permits issued pursuant to this chapter are subject to denial, suspension, or revocation by the finance director if he or she makes any of the following findings:

1. The applicant or permittee has failed to pay the application permit fee.

2. The applicant or permittee fails to provide proof of possession of or to maintain any license or permit which, under federal, state, or local laws or regulations, the application is required to have in order to conduct the proposed business.

3. The applicant or permittee has made one or more material misstatements in the application for a permit.

4. The applicant or permittee has conducted the business in such a manner as to constitute a breach of the peace or to cause injury to the public health, safety, or general welfare.

5. The applicant or permittee has violated one or more provisions of this chapter or of any state or federal law that reasonably and directly relates to traffic safety or indicates a potential risk to public health or safety.

C. The term of suspension of any permit shall not be for more than sixty days.

D. The finance director or other designee of the city manager shall have the power to deny, suspend, or revoke vehicle vendor permits. The procedure to appeal a denial shall be as set forth in San Bruno Municipal Code Sections 4.04.100 and 4.04.110, except that "finance director" shall be substituted for "police chief" or "chief of police." The procedure to appeal a suspension or revocation shall be as set forth in subsections C and H, inclusive of Section 4.04.090, and in Section 4.04.110, except that "finance director" shall be substituted for "police chief" or "chief of police."

(Ord. 1714 § 2, 2006; Ord. 1740 § 2, 2007; Ord. 1878 § 4, 2020)

Any person in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Chapter 1.28.

(Ord. 1714 § 2, 2006; Ord. 1878 § 4, 2020)