San Joaquin Municipal Code Ch. 116 Mobile Food Vendors

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MOBILE FOOD VENDOR and MOBILE VENDOR. Any person that sells, or causes or allows another, whether as an employee or as an independent contractor leasing or renting equipment, to sell any food or drinks by means of a motorized or non-motorized vehicle, such as a wagon, cart, hand cart, bicycle, catering truck, motorized cart, food truck, or other itinerant method. Where one person employs another person to sell food or drinks or one person leases or rents equipment or a vehicle to another person to allow them to sell food or drinks both individuals shall be considered mobile vendors. MOBILE VENDOR shall not mean any person operating under a concession agreement or other agreement with the city as a party to an agreement.

(Ord. 2017-101, passed 8-1-2017)

Except as authorized in § 116.03, a mobile vendor operating in the city must hold a valid mobile vendor permit and comply with all the provisions of this chapter, including obtaining any and/or all necessary business license(s) and County Health Department permits or certificates. No person shall hire or allow others to use his or her equipment or vehicles or products, for mobile vending in the city, unless that other person, whether as an employee, licensee, or independent contractor, holds a valid mobile vendor permit and complies with all provisions of this Code.

(Ord. 2017-101, passed 8-1-2017)

(A) New mobile vendors. Any person that wishes to operate as a mobile vendor within the city shall obtain a mobile vendor permit issued by the City Manager or designee and pay the mobile vendor permit fee established in the master fee resolution. The mobile vendor permit must be obtained prior to operating in the city.

(B) Existing authorized mobile vendors. Any mobile vendor expressly authorized by the City Manager to operate within the city prior to the effective date of this chapter shall obtain a mobile vendor permit within one year of the authorization. Notwithstanding that the existing authorized mobile vendor has one year to obtain a permit, the mobile vendor shall comply with all other conditions and requirements under this chapter.

(Ord. 2017-101, passed 8-1-2017)

The City Manager, or his or her designee, shall cause an investigation to be made of the facts stated in an application for a mobile vendor permit, and shall within 30 days issue a permit to the applicant if the City Manager, or his or her designee, finds that the applicant meets all the requirements of this chapter. Applications shall be processed in order of receipt. A decision to deny a permit shall be issued in writing with the basis for the denial, and if feasible, shall propose measures to cure any defects in the application. An applicant may appeal the decision to deny a permit to the City Hearing Officer under §§ 10.70 to 10.78 of this Code. If no appeal is filed in a timely manner, the decision of the City Manager shall be final.

(Ord. 2017-101, passed 8-1-2017)

The City Manager or his or her designee may make rules and regulations which are not inconsistent with the provisions of this chapter and which may be necessary or desirable to aid in the administration or enforcement of the provisions of this chapter, including all necessary policies and procedures for the issuance of mobile vendor permits, administration or registration of mobile vendor vehicles, and collection of the mobile vendor permit fees.

(Ord. 2017-101, passed 8-1-2017)

Mobile vendors shall comply with the following standards.

(A) General provisions.

(1) Noise and amplified music shall comply with all applicable noise standards.

(2) The mobile vendor must comply with all city, state, and federal laws. While operating in the public right-of-way, mobile vendors shall follow all applicable traffic laws and parking regulations, including time limits, and no- parking zones.

(3) The sale of alcohol and tobacco products by vendors is prohibited.

(4) The mobile vendor shall provide waste removal and shall be responsible for collecting trash/debris and recycling after each stop. Trash includes material dispensed by the vendor as well as items that may be left by customers.

(5) Mobile vendors shall have a current business license and mobile vendor permit from the city and shall have all applicable permits required by the County Health Department. Vendors shall also obtain a zone clearance.

(a) Display of permit. No mobile vendor shall operate in the city without prominently displaying on their person or vehicle the city-issued mobile vendor permit.

(b) Display of name. The mobile vendor's name, the business name, address, telephone number, city permit number, city business license, and Fresno County Department of Health number shall be visible on both sides of any vehicle (including, ice cream trucks, bakery wagons, push carts, and bicycles). If the vehicle is a truck, the display shall also be on the rear of the vehicle. The letter size for the name, telephone number and city permit number shall be at least two inches in height and shall be clearly visible at 50 feet.

(6) Restaurant and school spacing for food vendors.

(a) Mobile vendors shall not operate within 200 feet of an existing restaurant, during the restaurant's normal business hours, with the following exceptions:

1. Mobile vendors operating as part of a city-approved special event.

2. The restaurant and the mobile vendor are operated by the same entity.

3. The mobile vendor has prior written permission of a business restaurant owner to operate on the property of that existing business.

(b) Mobile vendors shall not operate within 200 feet of schools except with written approval of a school.

(B) Off-street locations and time limits. The following restrictions shall apply except for mobile vendors operating as part of a city-approved special event.

(1) Residential zone districts. A mobile vendor may not operate within residential districts except as follows:

(a) On properties for non-residential uses, such as schools and religious assembly facilities with prior written authorization from the property owner. After two hours, the vendor must move to a new location that is not less than 300 feet away; and

(b) On properties where the vendor has been hired to cater at a private residence at no cost to the guests of property owner.

(2) Non-residential zone districts. Mobile vendors may operate within non-residential districts subject to:

(a) Mobile vendors shall have prior written authorization from the property owner.

(b) A mobile vendor may stay in a single location for up to 12 hours in a 24-hour period after which the vendor must move to a new location that is no less than 300 feet away.

(3) City-owned property. Mobile vendors may not operate on city-owned property without prior written authorization from the city.

(C) On-street locations and time limits. Mobile vendors may operate on the public right- of-way subject to the following restrictions. Mobile vendors operating as part of a city-approved special event are excepted.

(1) Residential zone districts.

(a) Time limit, non-motorized vendors. Thirty minutes, after which the vendor must move to a new location that is no less than 300 feet away.

(b) Time limit, motorized vendors. Motorized vendors (including, but not limited to, ice cream trucks) may circulate and stop temporarily for sales, but shall not remain stationary for more than five minutes.

(2) Non-residential zone districts.

(a) Time limit. The posted time limit of the parking stall or one hour, whichever is less, after which the vendor must move to a new location that is no less than 300 feet away.

(b) Location. Mobile vendors shall operate from valid on-street parking stalls.

(c) Customer transaction area. Vendors shall park in such a manner that the customer transaction area is on the public sidewalk adjacent to the curb.

(Ord. 2017-101, passed 8-1-2017)