Selma Municipal Code Ch. 7 Special Events and Vending Regulations

(A) This chapter regulates special events as defined herein. No person shall conduct any special event without first obtaining a permit as provided in this chapter.

(B) Issuance of a permit under this chapter does not exempt the permittee from, or constitute compliance with:

1. Local, state or federal laws regulating service or consumption of food or alcoholic beverages, the erection of temporary structures, the erection of amusement rides, or obtaining additional permits prescribed by law;

2. Any other applicable local, state or federal law.

(C) This chapter does not apply to:

1. Events on city-owned property that are operated solely by the City of Selma, or;

2. Where an agreement has been approved by the City Council for events on city-owned property where the City of Selma is a participant or co-sponsor. (Ord. 2023-4, 8-7-2023)

For purposes of this chapter, the following definitions apply:

ANNUAL PERMIT: A permit to vend lasting one calendar year unless otherwise provided by this chapter.

CITY: The City of Selma.

CITY SPECIAL EVENT: Any outdoor public event utilizing public areas, including streets and parking lots temporarily closed by the City Council and which event has been declared a special event by resolution of the City Council.

CODE: Selma Municipal Code and all codes incorporated therein by reference.

DAYS: Calendar days unless otherwise specified.

FOOD: Shall be as defined in Health and Safety Code Section 113781 or any successor provision.

FOOD FACILITY: Shall be as defined in Health and Safety Code Section 113789 or any successor provision.

FOOD TRUCK or FOOD TRUCK VENDOR: A mobile food facility as defined in Health and Safety Code Section 113831 or any successor provision and any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared food or foodstuffs of any kind that parks at one or more locations within the City. A food truck shall also include any trailer or wagon equipped and used as described in this definition and pulled by a vehicle.

HAND WASHING FACILITY: A facility providing either a basin, container, or outlet with an adequate supply of potable water, soap, and single-use towels, as further defined in Health and Safety Code Section 114359.

HEALTH OFFICER: Shall be as defined in Health and Safety Code Section 111015.

LOCATION: The area within a one-hundred-foot (100') radius of the vendor's position.

MERCHANDISE: Commodities or goods that are bought and sold.

MOBILE FOOD FACILITY: Shall be as defined in Health and Safety Code Section 113831 or any successor provision.

PEDDLER: Shall mean and include every person not having a regularly established place of business in the City who travels from place to place or has a stand upon any public street, alley, or other place, doorway of any room or building, unenclosed or vacant lot, or parcel of land and who sells or offers for sale any foodstuffs, goods, wares, merchandise, or articles of personal property in his possession.

PERMITTEE: Any person or organization to whom the city has applied for or been issued a special event, vendor, or food truck permit.

POLICE CHIEF: The Police Chief for the City of Selma or his/her designee.

ROAMING SIDEWALK VENDOR: A sidewalk vendor selling, offering for sale, or distributing food or merchandise on a public sidewalk continuously moving except when making a sale.

SIDEWALK VENDOR: A person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, bicycle or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

SINGLE EVENT PERMIT: A vending permit valid for a specific amount of time not to exceed thirty (30) continuous days.

SPECIAL EVENT: Any activity on public or private property that, due to the anticipated amount of attendees or the nature of the event, is not compatible with the generally intended use of the property for which it is proposed and is characterized by any of the following:

(1) Requires city services to ensure compliance with state or local laws; for example, temporary ABC licenses, or temporary structure permits;

(2) Involves use of city-owned or managed property such as public streets, sidewalks, parking lots, plazas or other city owned or managed open spaces;

(3) Involves closure, or partial closure, of any public right-of-way, or requires traffic control;

(4) Impairs emergency vehicle access or requires the attendance of emergency personnel at the event; or

(5) Allows for attendance by the general public and is not by invitation-only; or

(6) Results in impacts to adjacent public or private property because of, for example, the use of live or amplified entertainment or the anticipated impacts on parking. Uses that are already permitted under the zoning ordinance, such as, but not limited to, nightclubs, banquet facilities, and assembly halls, are not included in the definition of special event, unless the impact of an event is greater than the impact anticipated under the permitted zoning or other approved permit or entitlement.

STATIONARY SIDEWALK VENDOR: A sidewalk vendor selling, offering for sale, or distributing food or merchandise on a public sidewalk in one location as provided by permit.

TOILET FACILITY: A fixture maintained with a toilet room for the purpose of defecation or urination or both, as further defined in Health and Safety Code Section 114359.

VEHICLE: A mobile food facility, catering truck, or other motorized conveyance upon which food or merchandise is sold, offered for sale or distributed.

VEND or VENDING: To offer for sale or distribution.

VENDOR: Shall include peddler, roaming sidewalk vendor, sidewalk vendor, stationary sidewalk vendor.

VENDOR PERMIT or VENDING PERMIT or PERMIT: The permit issued to vendors pursuant to this chapter.

(Ord. 2023-4, 8-7-2023)

(A) An application of a special event permit shall be made at least ninety (90) days prior to the special event. The City Manager or designee may authorize an application for a special event permit forty five (45) days prior to the special event if the event does not require closure of a public right-of-way, will not require the diversion of regularly assigned public safety personnel, and does not negatively impact emergency access, parking or traffic in the surrounding area.

1. If determined by the Police Chief that a road closure impacts public safety, the closure must be approved by the City Council prior to the event.

(B) A preliminary analysis of an application for a special event permit will be provided to the applicant within ten (10) working days following the submittal of a completed application for those applications submitted ninety (90) days prior to the special event.

(C) The application for a special event permit shall be made in writing on a form approved and provided by the City. To ensure that adequate arrangements may be made for proper regulation of the special event, the application shall contain the following information, as applicable:

1. The name, address and telephone number of the applicant(s). If the special event will be conducted for, on behalf of, or by an organization(s), the name, address, telephone number of the authorized head of such organization and the names and addresses of the executive officers of such organization;

2. The location of the special event that will be conducted by, for or on behalf of an applicant(s); and

3. The name, address, telephone number and signature of the property owner(s) on whose property the event will be conducted, unless the property is owned by the city;

4. The name, address and telephone number of all persons who are or will be responsible for the promotion and conduct of the special event, including a photo identification of each and effective means by which to reach them during the event, such as cell phone and pager numbers, and likely location of each responsible person during the special event;

5. A description of the special event, including its purpose and, as far as is reasonably practicable, the number of people expected to attend. These requirements are intended to allow the city to anticipate and provide for additional city services, if necessary, to protect the safety of participants and bystanders;

6. The date(s) of the event, including assembly and disassembly involving the use of public property;

7. The estimated times that the special event will start and terminate, including assembly and disassembly involving the use of public property;

8. For special events occurring in the public right-of-way, the locations or route of the assembly and dispersal areas, a description of traffic control measures to be provided at the sole cost of the permittee, the maximum length of the use of the public right-of-way at any given time, and whether the special event will occupy all or only a portion of the public rights-of-way proposed to be traveled upon;

9. The number and kind of vehicles, animals, tents, structures, stages, musical instruments, sound units, and any other equipment, including equipment that produces sound or noise during the special event and whether amplified sound is proposed to be used. In the event the applicant seeks a temporary food permit, a temporary liquor license or a temporary structure permit, the application should be accompanied by copies of the applications for such permits or licenses;

10. Maximum size of any material used for any signs or banners;

11. A site plan identifying the location of all structures and activities planned for the special event. If outdoor cooking is proposed, the location, type of appliance and type of fuel, shall also be identified;

12. The number and location of portable sanitation facilities, garbage and recycling services, and other equipment and services proposed for participants, if applicable;

13. A description of arrangements that have been made for first aid, or emergency medical services, or both, if applicable;

14. A description of arrangements that have been made for security, including the name and telephone number of the lead contact person for the security contractor;

15. Insurance information and documentation;

16. An application fee and deposit, if any, as prescribed by resolution adopted by the city council;

17. A parking plan that is designed to minimize negative impacts of the event parking on adjacent properties. Negative impacts include, but are not limited to, illegal parking, increased traffic congestion, and event parking that precludes parking for neighboring land uses. If the city finds that significant negative impacts are likely to occur due to the location, size and nature of the event and the availability of parking, an adequate parking plan may be required to include, but not be limited to, the following:

(a) Proof that adjacent property owners affected by the closure were notified of event (Good Neighbor Policy);

(b) Proof that the adjacent property owners whose property is proposed for event parking have granted permission for event attendees to park on their property;

(c) Adequate parking attendants;

(d) Adequate disabled parking;

(e) Adequate publicity and signage to direct event attendees to available parking;

(f) Other efforts to provide shuttle services to and from the event site, and/or to provide information on alternative transportation such as carpooling or public transit.

18. Such other information, in conformity with this chapter, as the City Manager may reasonably require.

(D) Any failure to submit the information required in this section and as deemed necessary by the permittee, at least fifteen (15) business days before the start of said event, will subject the applicant to a late fee, in an amount set by resolution of the City Council.

(E) Late Applications: Any application received after the deadlines established in this Chapter is a late application and is subject to a late fee, in an amount set by resolution of the City Council. The City Manager shall not accept late applications unless the City Manager finds that:

1. The proposed special event is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application; and

2. The imposition of the time limitations would place an unreasonable restriction on the free speech rights of the applicant.

3. Other unforeseen circumstances may have prevented the applicant from applying within the established timeline.

(F) When the City Manager or designee finds one or more of the above conditions to exist, the City Manager or designee may consider acceptance of the application and process it in accordance with this chapter unless it does not meet the criteria set forth in this Chapter, or there is insufficient time for the City to make the necessary preparations for public safety matters prior to the proposed date and time of the special event.

(Ord. 2023-4, 8-7-2023)

(A) The City Manager shall issue a permit for a special event unless he or she determines that one or more of the following conditions exist:

1. The application is incomplete for failure to provide the information required by this Chapter;

2. The applicant has not tendered the required application fee, deposit, or insurance certificate and endorsement(s), unless such tender has been waived as set forth in this chapter;

3. The information contained in the application, including supplemental information provided if any, is found to be false in any material respect, the purpose of the event is contrary to law, and/or the applicant has failed to meet the City requirements for a permit;

4. A special event permit has been issued and/or a prior application for a special event has been received for an event to be held at the same time and place;

5. The special event will unduly interfere with vehicular ingress to, egress from, or travel on a freeway, state designated highway, or major arterial collector street of the City;

6. The special event will unreasonably interfere with fire or police protection, including presenting a substantial traffic or safety hazard;

The special event will not exceed the maximum number of events allowed for an identified period at any City facility, as established by the City Council;

7. Event sizes or durations will require diversion of so great an amount of City safety services, it would divert an undue amount of resources from other City needs, particularly of safety services to other areas of the City;

8. The security arrangements that have been made are inadequate;

9. One or more of the applicants or persons whose name is shown on the application was also named on an application for a special event that resulted in a violation of this chapter or similar law in another jurisdiction within the twelve (12) months preceding the current application;

10. The special event is deemed to have adverse impacts to a residential area;

11. If the special event is proposed to be held on public property, the proposed special event would conflict with a previously scheduled and planned event or activity organized by the city for the same time and place as the proposed special event; however the event may be approved to allow established or recurring events that were previously held successfully in the city or to events that may have significant beneficial economic, public health, safety, or other impacts to the city;

12. The applicant, or person named in the application, or the organization on whose behalf the application is submitted has, on prior occasions, damaged city property and has not paid in full for such damages, or has other outstanding and unpaid debts to the city;

13. The applicant is legally incompetent to contract or to sue and be sued;

14. The applicant fails or refuses to comply with any permitting requirements or conditions of approval.

(B) The applicant shall be notified in writing of the action by the City Manager with respect to the application as early as possible but no less than five working days prior to the date of the proposed special event, unless the application was made late, in which case notification shall be given as soon as reasonably possible and by any reasonable means.

(C) Notwithstanding any provisions of this chapter, should the City Manager determine that prior special events organized, sponsored or conducted by the applicant or persons whose name is shown on the application have resulted in damages to property, unpaid debts or late payments, complaints from a substantial number of area residents or businesses about the impact of prior events, or unreasonable risks to public safety, the city manager may require, as a condition of approval, that the applicant engage a professional event organizer to organize the special event.

(D) Nothing herein authorizes the denial of a special event permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow adequate protection with the number of police officers available to police the special event.

(E) If the permit is denied, or approved with conditions, the written notice shall set forth reasons explaining the denial or the imposition of conditions.

(F) If a permit is denied pursuant to the criteria set forth in this chapter because the proposed time or assembly and dispersal sites are unacceptable, the denial shall contain a statement of alternative acceptable times and sites.

(Ord. 2023-4, 8-7-2023)

(A) An applicant may appeal the denial of an application or permit conditions made pursuant to this chapter by a designee of the City Manager to the City Manager within three (3) working days of receiving the notice. The City Manager shall act upon said appeal promptly but in no event later than the date and time of the proposed special event. If the decision to deny the special event permit was made by the City Manager, that decision shall be final.

(Ord. 2023-4, 8-7-2023)

(A) A permittee that wishes to apply for the same event in a subsequent year may apply for a renewal of a special event permit if there are no changes in the information provided from the previous year and no incidents were reported that would result in revocation or suspension of the special event permit under section 5-7-18.

(Ord. 2023-4, 8-7-2023)

(A) All alcohol must be sold and consumed within a venue that is physically separated by a physical barrier, such as, but limited to, barricades or fencing (ABC license type will dictate the size and type of barrier).

(B) If the alcohol area is accessible to all ages, anyone wishing to purchase or consume alcohol must present a current ID, and if that attendee is twenty one (21) years of age or older, they must be issued a non-transferrable wristband.

(C) All attendees must present their wristband to be served or consume alcohol.

(D) Servers must be twenty one (21) years of age or older.

(E) Servers may not consume alcoholic beverages while serving.

(F) Attendees may be served no more than two (2) standard drinks at a time. The City defines one standard drink size as:

• 1. Twelve (12) ounces beer;
• 2. Five (5) ounces wine;
• 3. One (1) ounce distilled spirit/hard alcohol in a mixed drink.

(G) Shots are not permitted.

(H) Alcohol cups must be paper or plastic and be distinguishable from soda cups.

(I) Service may begin at nine o'clock (9:00) A.M. and must conclude by ten o'clock (10:00) P.M. on Sunday through Thursday and may begin at nine o'clock (9:00) A.M. and must conclude by eleven o'clock (11:00) P.M. on Friday, Saturday, and the day prior to a Federal, State, or City designated holiday.

(J) Service must end a minimum of thirty (30) minutes before the scheduled event end time.

(K) Non-alcoholic beverages, water and food must be available at the event.

(L) A minimum of five (5) security officers shall be provided by an organization acceptable to the Police Chief, and an additional security officer shall be provided for every fifty (50) estimated attendees.

(Ord. 2023-4, 8-7-2023)

(A) It shall be unlawful to sell, offer for sale, or distribute any food or merchandise on any public sidewalks, pedestrian paths, or parks within the City without first obtaining a business license and paying the applicable business registration fee for each vendor, pursuant to Chapter 1 of Title 5. Vendors are subject to the same rules and penalties found in Chapter 1 of Title 5.

(B) Notwithstanding those provisions, no business license shall be issued without evidence that the vendor has obtained all permits required by this chapter. The original of the City business license, vendor permit, and health permit, as applicable, shall be displayed conspicuously at all times on the vendor's vehicle, person, or site.

(Ord. 2023-4, 8-7-2023)

(A) Vendors selling or offering food shall obtain a health permit from the Fresno County Health Officer, as applicable. The health permit shall be displayed conspicuously at all times on the vendor's vehicle, person, or site. Evidence of a health permit shall be made available to the Finance Department as part of the business license application or renewal.

(Ord. 2023-4, 8-7-2023)

(A) Permit Required: It shall be unlawful to sell, offer for sale, or distribute any food or merchandise on any public sidewalk, pedestrian path, or park within the City without first obtaining a vendor permit from the Finance Department pursuant to the provisions of this chapter. The vendor's permit shall be displayed conspicuously at all times on the vendor's vehicle, person, or site. Evidence of such permit shall accompany the Business license application or renewal application to the Finance Department.

(B) Permittee And Location Specific: Vendor permits shall be specific to the permittee, which may be a person or organization, and location.

(C) Nontransferable; No Vested Right: Vendor permits shall be nontransferable. No vendor shall acquire a vested right or property interest from the issuance of a permit, and permits shall at all times be subject to the provisions of this chapter.

(D) Application And Fees: Written application for a vendor permit shall be filed with the Police Chief and shall be accompanied by a fee as approved by the City Council. Applicants are strongly encouraged to apply for permits more than forty-five (45) days before the permit is needed in order to ensure timely processing of the application.

The vendor applicant shall provide the following information on a form approved by the Police Chief along with any required documentation:

1. Names, addresses, email addresses, and telephone numbers of the vendor applicant and of all persons financially interested in the business;

2. A statement of the type of food or merchandise to be sold;

3. The location(s) at which the applicant intends to operate;

4. Number of vehicles the vendor applicant intends to operate, along with a copy of the current registration of each vehicle;

5. Intended day(s) and hours of operation at such location(s);

6. The site of the toilet and hand washing facility required by Health and Safety Code Section 114359;

7. If the toilet and hand washing facility required by the Health and Safety Code is on private property, a copy of an enforceable contract between the private property owner and the vendor applicant allowing vendor to utilize such facilities on the day(s) and hours of operation;

8. A copy of the health permit required by this chapter;

9. Agreement by the applicant to indemnify and hold harmless the City, its officers, officials, volunteers, and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant's vending location;

10. Evidence of general liability insurance, as applicable, in a form and at levels of coverage acceptable to the City;

11. Previous vending permits issued to the applicant in other cities and the status of those permits;

12. Authority for the Police Chief to conduct the background check necessary for the investigation required by this chapter;

13. Certification that, to his or her knowledge and belief, the information provided is true and correct;

14. Fingerprints and a background check shall be completed for vendors selling commodities appealing to children as determined by the Chief of Police, such as, but limited to ice cream, snow cones, candy and toys. No permit shall be issued to applicants selling these commodities if they are a registered sex offender or are required to be a registered sex offender.

15. Such further information as the Selma Police Department may require.

(E) Investigation: The Police Chief shall conduct an investigation of the application and shall issue a vendor permit within forty-five (45) days of receipt of a complete application, upon finding all of the following:

• 1. An accurate application has been filed;
• 2. The required application fee has been paid;
• 3. All applicable provisions of this chapter have been or will be met;

4. The vending will not cause excessive traffic congestion, impede pedestrian or bicycle movement, or violate any applicable Federal or State accessibility laws;

5. The vending will not impede recreational opportunities on City parks, trails, and open spaces;

6. The vending will not change the residential character of residential neighborhoods or have an adverse effect on the safety of the community in any zone district;

7. The applicant and all the persons listed on the application have: (a) no previous convictions of felonies; (b) no crimes involving theft or fraud within the preceding ten (10) years.

(F) Conditions Of Approval: The Police Chief may impose conditions of approval on the vendor permit necessary to make the findings for approval. The Police Chief shall document the need for the conditions.

(G) Permit Term And Renewal. Except where a vendor permit is issued for a shorter duration, as set forth in subsection (H) of this section, permits shall be issued on a calendar year basis as follows:

1. Initial permits. First-year permits issued after October 1 shall be valid until December 31 of the succeeding year and automatically expire at that time unless sooner suspended or revoked. First-year permits issued prior to October 1 shall be valid until December 31 of that year and automatically expire at that time unless sooner suspended or revoked.

2. Annual Renewal: Any vendor permit pursuant to this chapter shall automatically expire, terminate, and be of no further force and effect at five o'clock (5:00) P.M. on December 31 of each year if not renewed. Permits may be renewed prior to expiration by submitting an application for renewal to the Chief of Police prior to November 1, accompanied by a renewal fee as approved by the City Council. Applicants for renewal of a first-year permit issued for a period of less than twelve (12) months shall receive pro rata credit towards the renewal fee. The application for renewal shall contain the same information required by subsection (D) of this section, updated to reflect changes in the preceding year.

(H) Single Event Vendor Permits: Single event vendor permits shall be for no longer than thirty (30) consecutive days in duration and shall name the exact dates of validity on the permit. No more than one single event vendor permit shall be issued to a vendor in a calendar year.

(I) Priority Of Applications: Vendor applications will be processed in the order of receipt of a complete application, as determined by the Police Chief, accompanied by payment of the required application fee. Specific vending locations requested by more than one vendor will be allocated based upon this order. A list of applicants shall be maintained and at the time of renewal, the next vendor on the list will have priority. For high demand areas, the Police Chief may limit the duration of permits to less than one year.

(Ord. 2023-4, 8-7-2023)

All vendors are subject to the conditions set forth below:

(A) No vendor shall locate within three hundred feet (300') of the grounds of any elementary or secondary school on any school day while school is in session;

(B) No vendor shall locate within five hundred feet (500') of a freeway entrance or exit;

(C) No vendor shall locate within fifty feet (50') of any street or roadway intersection, crosswalk, fire hydrant, signal crossing, or bus stop;

(D) No vendor shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property;

(E) No vendor shall locate on any public sidewalk or within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone;

(F) No vendor shall locate within three hundred feet (300') of any other existing business that vends similar products or any other licensed vendor operating during the applicable vending hours specified in this chapter;

(G) No vendor may obstruct the flow of pedestrian traffic by reducing the clear space to less than sixty inches (60") of usable sidewalk pursuant to California Building Code Section 1133B.7.1;

(H) No vendor shall locate their operation in such a way that would restrict accessibility routes and curb cuts;

(I) No vehicle shall roll up onto the sidewalk or cause traffic to block and be delayed;

(J) No driveways, parking lots, or private property can be occupied by a vendor without written permission;

(K) No vendor shall locate their operation in such a way that would restrict trash enclosures;

(L) No vendor shall locate their operation in such a way that would restrict required off street parking and parking meters;

(M) No sidewalk vendor is permitted in residential areas except for roaming sidewalk vendors pursuant to section 5-7-12;

(N) No vendor shall conduct business with customers in moving cars;

(O) Vendors must provide a visible trash receptacle for use by bona fide purchasers;

(P) The vendor shall not leave any location without first picking up, removing and disposing of all trash or refuse from their operation that remains within one hundred feet (100') of the vendor's position;

(Q) No vending shall occur between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. Specific types of vending may have shorter permitted hours;

(R) No vendor handling food shall operate more than two hundred feet (200') travel distance of an approved and readily available toilet and hand washing facility to ensure that restroom facilities are available to the vendor permit holder and any of its employees whenever operating for more than a one-hour period;

(S) No vendor shall vend within one hundred feet (100') of a special event for one hour before or after the reserved event time;

(T) No sidewalk vendor shall vend in the street;

(U) Vendors shall not use City utility connections, including electricity and water, without prior written approval;

(V) Vendors shall not leave items unattended or stored on public property;

(W) Vendors shall not sell or attempt to sell by means of any outcry, sound, speaker or amplifier, or any instrument that violates the Noise Ordinance of the City of Selma pursuant to Municipal Code Chapter 6-17.

(X) Shall not conduct business within one block of any city park at which a city-approved and permitted special event is taking place without having obtained a special event permit.

(Ord. 2023-4, 8-7-2023)

(A) Roaming sidewalk vendors shall not stop more than ten (10) minutes to vend in one location.

(B) Vendors are prohibited in all exclusively residential zone districts in the City except for roaming sidewalk vendors and special event vendors.

(C) Roaming sidewalk vendors are prohibited from vending in all exclusively residential zone districts between the hours of six o'clock (6:00) P.M. and eight o'clock (8:00) A.M.

(D) Sidewalk vending is prohibited along the frontage of any business that has a sidewalk permit from the City to sell food or merchandise on the sidewalk in front of the business.

(Ord. 2023-4, 8-7-2023)

(A) Vendors shall not vend in parks less than one acre in size to preserve the use and enjoyment of smaller residential and pocket parks.

(B) Vendors shall be subject to the City's park rules and regulations.

(C) Stationary sidewalk vending is not allowed at parks that have exclusive vending contracts.

(D) Vendors shall at all times adhere to the special event restrictions.

(E) Vendors shall at all times meet the two-hundred-foot (200') separation requirement from other vendors within City parks, unless otherwise authorized in writing by the Community.

(Ord. 2023-4, 8-7-2023)

All food truck vendors are subject to the following conditions:

(A) No food truck shall locate within fifty feet (50') of any street or roadway intersection, crosswalk, fire hydrant, signal crossing, or bus stop, except as authorized by an approved Special Event Permit.

(B) No food truck shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property.

(C) No vendor shall sell food and beverage items not regulated under the California Retail Food Code (California Health and Safety Code Division 104, Part 7, Section 113700 et seq., as it currently exists or may be amended).

(D) No vendor shall locate their operation in such a way that would restrict accessibility routes and curb cuts.

(E) No vehicle shall roll up onto the sidewalk or cause traffic to block and be delayed.

(F) No driveways, parking lots, or private property can be occupied by a vendor without written permission from the property owner or lessee.

(G) No vendor shall locate their operation in such a way that would restrict trash enclosures.

(H) No vendor shall locate their operation in such a way that would restrict required off street parking and parking meters.

(I) No vendor shall conduct business with customers in moving cars.

(J) Vendors must provide a visible trash receptacle for use by customers.

(K) The vendor shall regularly pick up, remove and dispose of all trash or refuse from their operation that remains within two hundred feet (200') of the vendor's position. Regularly means not less than every one hour. For vendors that operate less than one hour at a location, the vendor shall pick up, remove and dispose of all trash or refuse prior to leaving the location.

(L) No vending shall occur between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. and no overnight parking shall be permitted. Through the administrative use permit or temporary use permit process, the Director may require shorter hours of operation or allow longer hours of operation depending on the type of vending and location or as part of an approved Special Event Permit.

(M) No vendor shall operate more than two hundred feet (200') travel distance of an approved and readily available toilet and hand washing facility to ensure that restroom facilities are available to the food truck permit holder and any of its employees whenever operating for more than a one-hour period.

(N) No vendor shall vend within three hundred feet (300') of a sponsored City of Selma special event or other designated special event for one hour before or after the reserved event time, unless the vendor is approved by the event's sponsor to participate in the event.

(O) Vendors shall not vend at any City facility or property without written consent of the City of Selma.

(P) Vendors shall not use City utility connections, including water and electric, without prior written approval from the City.

(Q) Vendors shall not leave items unattended or stored on public property.

(R) All vendors shall comply with the California Vehicle Code and California Health and Safety Code.

(S) Food trucks may not operate in an exclusively residentially zoned district in the City, except for private events as provided for in Section 5.33.09(c) or as permitted under Section 5-22.

(T) Vendors shall not operate in an unsafe manner, including, but not limited to, impeding on- or off-site vehicle circulation and obstructing the view of pedestrians by motorists.

(U) Vendors may not sell non-food accessory retail items that exceed ten percent (10%) of the average annual gross receipts of sales from the food truck. Non-food accessory retail items may not occupy more than ten percent (10%) of the food truck space devoted to preparation and sales. If the business is a new business, the gross receipts shall be calculated by considering the vendor's estimated annual gross receipts for the first year of operation. "Gross receipts" shall mean the total amount of revenue derived from activities conducted on or within the food truck.

(V) No vendor shall locate within three hundred feet (300') of any other vendor operating during the applicable vending hours specified in this chapter, except that the food truck permit may allow for smaller groupings of food trucks on a single parcel of property.

(Ord. 2023-4, 8-7-2023)

Except as authorized by an approved Special Event permit:

(A) No food truck shall vend in any one location on a public street for more than ten (10) minutes in any two (2) hour period. "Location" for purposes of this section shall mean a radius of five hundred feet (500') from the original position of the food truck.

(B) No food truck shall locate within five hundred feet (500') of a freeway entrance or exit.

(C) No food truck shall locate within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone.

(D) The vehicle shall be legally parked and shall not stop, stand, or park in any clear vision triangle or no parking zone.

(E) Vehicles shall not occupy more than two on-street parking spaces in the public right-of-way in commercial zones.

(F) Vendors shall limit food and beverage service to that side of the food truck facing away from the street.

(G) No vendor shall locate within three hundred feet (300') of the grounds of any elementary or secondary school on any school day while school is in session; this restriction does not apply to an event at a school facility if the vendor is in partnership with the organization conducting the event and is located on the site of the event.

(H) Vendors shall indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with operation of the food truck on City right-of-way, regardless of fault, unless the injuries or damages are the result of City's sole negligence or willful misconduct.

(I) Vendors shall maintain, at their sole cost and expense, liability insurance in the amount of not less than two million dollars ($2,000,000.00) per occurrence, four million dollars ($4,000,000) aggregate, covering liability associated with operation of the food truck. Vendors shall also maintain, at their sole cost and expense, automobile insurance in the amount of not less than one million dollars ($1,000,000.00) commercial auto liability coverage. The insurance shall be in full force and effect at any time the vendor is operating in the City. Prior to operations, the vendor shall deliver or have on file with the City a certificate of insurance which includes all required coverages, endorsements, and names the City of Selma as additionally insured and as the certificate holder. The City's Risk Manager shall verify coverages.

(Ord. 2023-4, 8-7-2023)

(A) Vendors shall obtain written authorization to operate the food truck from the property owner, or a lessee with authority.

(B) Food trucks shall operate as follows:

1. Within a level parking area, where it can be demonstrated that any off-street parking spaces located in that area are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of a business or activity that is operating at the same time as the food truck.

2. Operations shall not impede pedestrian or vehicular ingress or egress through the remainder of the parking area or adjacent public right-of-way.

3. Vendors shall not use or permit use of parking spaces on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the Director of Planning and Development Services.

4. Vendors shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.

(Ord. 2023-4, 8-7-2023)

(A) The City Manager and Police Chief, and their designees, are hereby authorized to adopt supplemental rules and regulations, and to develop all related forms and/or other materials, reasonably necessary to implement this chapter, and to make such interpretations of this chapter as they may consider necessary to achieve the purposes of this chapter. Violations of supplemental rules and regulations shall be considered violations of this chapter.

(Ord. 2023-4, 8-7-2023)

(A) Fines And Penalties: Violations of this chapter or the conditions of an issued special event, vendor, and/or food truck permit shall be subject to the following fines:

1. Violations that occur while operating without a valid permit:

(a) An administrative fine of one hundred dollars ($100.00) for a first violation;

(b) An administrative fine of two hundred dollars ($200.00) for a second violation within one year of the first violation;

(c) An administrative fine of four hundred dollars ($400.00) for a third violation within one year of the first violation;

(d) An administrative fine of four hundred dollars ($400.00) for a fourth and each subsequent violation within one year of the first violation and confiscation of the vehicle, food and merchandise as provided for in subsections (b) and (c) of this section;

(e) The all administrative fines listed in this subsection may be reduced by fifty percent (50%) upon submission of proof of a permit to the City Manager's office.

2. Violations that occur while operating with a valid permit:

(a) An administrative fine of fifty dollars ($50.00) for a first violation;

(b) An administrative fine of one hundred dollars ($100.00) for a second violation within one year of the first violation;

(c) An administrative fine of two hundred dollars ($200.00) for a third violation within one year of the first violation; and

(d) An administrative fine of two hundred dollars ($200.00) for a fourth and each subsequent violation within one year of the first violation and revocation or suspension of permit and/or confiscation of vehicle, food and merchandise, as provided for in subsections (b) and (c) of this section.

3. Penalties for failing to have a business license are subject to the penalty provision of Chapter 2 of Title 1.

4. Fines may be issued on a form approved by the City Manager, and shall include an appeal process as provided for in Municipal Code Title 1, Chapter 20.

(B) Revocation And Suspension: The City may suspend for up to thirty (30) days or revoke any permit issued under this chapter when any one or more of the following grounds are found to exist:

1. Violation of this chapter or provisions of a permit. The City shall not revoke a permit for violations of this chapter or the permit that relate solely to the act until the fourth violation in any three hundred sixty-five (365) day period.

2. Violation of local, State, or Federal law in connection with a special event, vendor, or food truck activity.

3. When a permit was issued under fraudulent circumstances or mistake.

4. When necessary to protect the public health, safety, or welfare.

(C) Confiscation: In connection with suspension or revocation of a permit, the City may confiscate property used in connection with vending upon a determination that confiscation of the property is necessary to protect the public health, safety, or welfare.

(D) Procedures: The following procedures shall apply for suspensions, revocation, and confiscation:

1. Prior to revocation or suspension of a permit and/or confiscation of property, the City shall provide written notice to the person or organization for which a special event, vendor, or food truck permit was issued stating the reasons for the action by personal notice or certified mail.

2. The notice shall provide information on the appeal process and explain that a suspension may lead to a permanent revocation of the permit.

3. Unless immediate suspension is necessary to protect the public health, safety, and welfare, prior to taking final action the City shall afford the person or organization for which a special event, vendor, or food truck permit was issued, and vehicle owner when applicable, an opportunity for an appeal hearing pursuant to the procedures set forth in Municipal Code Section 1-20-8. For immediate suspensions, the appeal hearing, if requested, shall be held within ten (10) business days after the filing of the appeal.

4. If an appeal is filed, the hearing officer may permanently revoke the permit, reinstate the permit, conditionally reinstate the permit, or modify the suspension, based upon findings related to circumstances described in this section. The Hearing Officer shall also make appropriate findings regarding any confiscation.

(Ord. 2023-4, 8-7-2023)

(A) Purpose: The purpose of this section is to provide an equitable means for community organizations:

1. To access fee reductions or fee waivers;

2. To establish mutually beneficial partnerships between the City and the community; and

3. To effectively control the manner in which the City provides event support via fee reductions or fee waivers;

4. Identify Legacy Events that shall be budgeted by the City of Selma annually for co-sponsorship.

(B) Responsibility:

1. The number of special events the City supports with waivers or reductions will depend on the budget and operating impacts, and will vary annually. Annually, the City will allocate up to twenty-five thousand dollars ($25,000.00) to be used to waive or reduce City Service Fees required for special events. All events must occur within the year they are budgeted to occur. Unmet thresholds at the end of the year will not be carried forward to future years.

2. The City Manager may waive or reduce special event City Permit Fees up to a total of five hundred dollars ($500.00) per event after reviewing a recommendation from the Recreation Director and Finance Director, and upon a finding of eligibility pursuant to the criteria provided herein.

3. If the request exceeds five hundred dollars ($500.00) per event, or includes other City Service Fees outside of the Permit Fees mentioned above, then the request must be approved by City Council.

(C) Eligible Special Events and Activities: Fee reductions and waivers are available to a variety of events including sporting, tourism, cultural, general, and major community events.

1. The following projects and organizers are ineligible:

(a) Events organized by groups or individuals that are unincorporated;

(b) Private functions;

(c) Political parties and lobby groups;

(d) Recipients of any other financial or other type of assistance from the City within the same calendar year;

(e) Projects or organizations who have not satisfactorily fulfilled their obligations following previous fee reductions or waivers.

2. Legacy Events Defined:

(a) "Legacy events" demonstrate consistent benefit to the local community and meet one of the following criteria:

(1) Have been held for a significant number of years while providing education to visitors regarding the historical and/or cultural heritage of residents of the City of Selma.

(2) Celebrate national holidays with the residents of Selma.

(3) Promote the youth of the City and/or the region at large through collaboration with local schools.

(b) The following events have been identified by the City Council as Legacy Events:

(1) The Raisin Festival;

(2) 3rd of July Celebration;

(3) Band Festival;

(4) Christmas Parade;

(5) Sikh Parade;

(6) Portuguese Parade;

(7) Chamber of Commerce Annual Car Show and BBQ;

(8) Tejano Festival;

(9) Dia de los Muertos Celebration.

(D) Fee Reductions and Waivers: Fee reductions and waivers are for permit fees only. Direct costs including, but not limited to, staff time, and applicable overtime, are not eligible for fee waiver or reduction under this policy.

1. The following qualifications must be met to be eligible for fee reductions or waivers:

(a) The following not-for-profit organizations and non-profit entities that have a documented federal tax exempt status:

(1) 501(c)(3): Charitable, educational, religious, or scientific organizations that provide essential services or benefits to the local community.

(2) 501(c)(4): Civic leagues and social welfare organizations are typically engaged in efforts that promote the well-being of the community.

(3) 501(c)(5): Labor and agricultural organizations provide essential support to major local industries or worker populations.

(4) 501(c)(6): Business leagues and chambers of commerce can play a key role in local economic development. If supporting business growth and stability is a local priority, these groups might receive fee waivers.

(5) 501(c)(7 through 10): Social and recreational clubs, fraternal organizations, and other such societies that play a significant role in community bonding or provide essential community services.

(b) Local organization presence;

(c) Organization cannot receive more than one waiver or reduction in a fiscal year;

(d) Be open to the public;

(e) Raise the profile of Selma through prominent acknowledgement of its support and assistance in event marketing materials and at the event itself;

(f) Benefit the residents of Selma;

(g) Organization is required to provide a report to City Council post event.

2. Legacy Events shall be subject to provisions of this Chapter, but will be budgeted by the City of Selma annually and are not required to obtain fee waivers.

3. Legacy Events shall still be required to submit timely Special Event applications within the required timelines in order to be approved for operation. Nothing in this ordinance shall entitle Legacy Events to be exempt from the application process, or any other requirements in this policy.

4. Cost Recovery for fees for special events are based on the following:

(a) Tier 1 - One hundred percent (100%) cost recovery: First-time events that have not been reviewed by the City at any time prior to the current application.

(b) Tier 2 - Seventy five percent (75%) cost recovery: Recurring events that require some form of City services to conduct the event.

(c) Tier 3 - Fifty percent (50%) cost recovery: Recurring events that require no City services to conduct the event.

5. Vendors as defined by this Section that are associated with an authorized Legacy Event are exempt from obtaining a business license for the duration of the Legacy Event.

(E) Other Obligations: Any reduction in or waiver of fees allowed will not affect the obligation of a permittee or event organizer to comply with the remaining qualifications, restrictions, and criteria of City policies, or to pay other costs or to provide insurance as required by City policies or ordinances. Business license, health permit, fire permit and liquor license fees will not be waived or reduced. (Ord. 2023-4, 8-7-2023; amd. Ord. 2023-5; Ord. 2025-01, 3-18-2025)