Signal Hill Municipal Code Ch. 5.36 Mobile Food Vending

For purposes of this chapter, the following words shall have the meaning ascribed below:

A. "City" means City of Signal Hill.

B. "Food truck" means a motorized vehicle or mobile food unit equipped and used for retail sales, mobile food vending, or offering of prepared, prepackaged, or unprepared food operating at one or more locations within the city. This definition shall include trailers or wagons pulled by a vehicle and used as described herein.

C. "Operator" means any person who owns, controls, manages, leases, drives, and/or operates a food truck or vehicle for the purpose of mobile food vending.

D. "Person" means any natural person, firm, partnership, association, corporation, stockholder, including but not limited to owners, operators, lessors, and lessees of vehicles used for mobile food vending.

E. "Mobile food vending" or "vending" means offering food, beverage, merchandise, or related product of any kind for sale or distribution from a food truck on any street, alley, highway, public place, or private property.

F. "Vendor" means any person who is engaged in mobile food vending. (Ord. 2023-11-1545 § 5 (part), 2023)

It shall be unlawful to engage in any operation of mobile food vending within the city without first obtaining a current valid business license issued by the city pursuant to this chapter and Title 5 of the municipal code. All operators shall have displayed in a conspicuous place on the food truck a current valid business license issued by the city. (Ord. 2023-11-1545 § 5 (part), 2023)

It shall be unlawful to engage in any operation of mobile food vending within the city without first obtaining a valid permit from the County of Los Angeles. All operators shall have displayed in a conspicuous place on the food truck a current valid permit issued by the county. (Ord. 2023-11-1545 § 5 (part), 2023)

A. It shall be unlawful to engage in any operation of mobile food vending within the city without a valid mobile food vendor permit issued by the community development director. All operators shall have displayed in a conspicuous place on the food truck a current valid mobile food vendor permit issued by the city.

B. A mobile food vendor permit shall be required for each food truck that will engage in mobile food vending within the city.

C. The term of a mobile food vendor permit, unless sooner suspended or revoked, shall be for a period of one year from the date of issuance.

D. Within thirty days of expiration of the mobile food vendor permit, the operator may renew the permit for an additional one-year term by submitting a new application in conformance with this chapter and Title 5 of the municipal code and paying all associated fees. Failure to timely renew is grounds for denial of renewal. (Ord. 2023-11-1545 § 5 (part), 2023)

A. Prior to obtaining a business license, the applicant must first obtain a mobile food vendor permit from the community development director. All applications shall include the following:

1. The name under which the business will be conducted;

2. The legal name and any other names used by the applicant;

3. The present residence and business address, telephone numbers, and email address of the applicant;

4. The nature of the type of business to be performed. This includes, but is not limited to, the type of vehicle(s), vending, and the general description of the type of food, beverage, merchandise, or related products to be sold;

5. The number of vehicles owned, operated, leased, controlled, or contracted by the applicant to be used in the city;

6. The makes, body styles, years, serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle;

7. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of the applicant's vehicle(s);

8. The legal names, addresses and telephone numbers of all persons employed or intended to be employed, or with whom the applicant has contracted, leased or intends to contract with as driver and operator of the applicant's vehicle(s), and in addition, a copy of their California driver's license and any other identification required to operate the applicant's vehicle(s);

9. Identification of each jurisdiction in California the applicant currently operates and has previously operated a food truck for the last three years. If the applicant has ever had any similar license or permit revoked or suspended in the last three years, the applicant must disclose the circumstances of such suspension or revocation;

10. Such other identification and/or information as the community development director or their designee may require in order to discover the truth of the matters required to be set forth in the application;

11. A certification that the application complies with all local, state and federal laws regarding food product vending, including all applicable sales tax requirements and this chapter;

12. Copies of policies of commercial general liability and automobile liability insurance, in an amount determined by the community development director, but in no event less than $1,000,000 per occurrence, naming the city and its officials, officers, employees, agents, and volunteers as an additional insured and a certification that applicant shall maintain such coverage for the term of the permit. Applicant is required to maintain such coverage for the term of the permit; and

13. When any change in the business occurs regarding the written information required by this section prior to or after issuance of a permit, the applicant shall give written notification of such change to the community development director within two weeks after such change. (Ord. 2023-11-1545 § 5 (part), 2023)

A. Except as provided in this chapter, the community development director or their designee, after investigation of the application shall approve or conditionally approve the mobile food vendor permit if the application conforms with all of the following findings:

1. Granting the application will not be detrimental or injurious to property or improvements, the public peace, health, safety, morals or welfare of the city or the inhabitants;

• 2. The application conforms in all respects to the provisions of this chapter;
• 3. All required fees have been paid in full; and
• 4. All necessary licenses and permits have been obtained.

B. If such mobile food vendor permit is granted, the community development director or designee may impose such terms, conditions, and restrictions upon the operation and conduct of such business, not in conflict with any law, as it may deem necessary or expedient to protect the public peace, safety, morals, or welfare of the city and its inhabitants. (Ord. 2023-11-1545 § 5 (part), 2023)

A. If the community development director or their designee finds that any of the requirements set forth in Section 5.36.060 have not been met, they shall deny the application for a mobile food vendor permit.

B. In the event the application is denied, written notice of such denial shall be given to the applicant specifying the basis for such denial.

C. Notice of denial shall be deemed to have been served if it is personally served to the applicant or when deposited in the United States mail with prepaid postage and addressed to the applicant at their address as set forth in the application.

D. Any person aggrieved by a decision of the community development director to deny issuance of the mobile food vendor permit may appeal to a hearing officer pursuant to Section 5.36.100. (Ord. 2023-11-1545 § 5 (part), 2023)

A. Any mobile food vendor permit may be suspended or revoked by the community development director for any of the following reasons:

1. Falsehood of any information supplied by the operator upon which issuance of the mobile food vendor permit was based;

2. Failure of the operator to notify the community development director within two weeks of any change occurring subsequent to the issuance of the mobile food vendor permit in the information supplied by the operator upon which issuance of the mobile food vendor permit was based;

3. Failure of the operator, or of any employees, subcontractors, or independent contractors of the operator, to comply with the regulations set forth in this chapter; or

4. Violation by the operator, or any employee, subcontractor, or independent contractor of the operator of any federal or state law or the municipal code while in the course of conducting mobile food vending operations pursuant to the mobile food vendor permit.

B. No such suspension or revocation shall become effective until the operator has been notified in writing of the right to appeal the suspension or revocation. Notification of the operator shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the operator's residence address as set forth on the application for a mobile food vendor permit. If an appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of a hearing officer pursuant to Section 5.36.100. If an appeal is not filed, the suspension or revocation shall become effective after the timely appeal period has expired.

C. Any operator aggrieved by a decision of the community development director to suspend or revoke the mobile food vendor permit may appeal to a hearing officer pursuant to Section 5.36.100.

D. No operator whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation. (Ord. 2023-11-1545 § 5 (part), 2023)

A. Generally. All food trucks shall be located so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and so as to maintain a clear line of sight for vehicles, bicycles and pedestrians in the public right-of-way. No food trucks shall be located so as to obstruct access to or circulation through any parking lot, or to obstruct access to any public sidewalk or alley.

B. Private property.

1. A food truck shall be parked on a paved surface outside any designated fire lane and outside any parking or loading space that is required for the principal use on the property.

2. A food truck shall not reduce the available parking on the property below the minimum number of parking spaces required to serve the existing use(s) on the lot.

3. For a property that is nonconforming with respect to parking, a food truck shall not reduce the total existing amount of parking on the lot.

C. Public right-of-way. Mobile food vending in the public right-of-way is permitted only as set forth in this section.

1. For purposes of this section, distance shall be measured in a straight line from the location where the food truck is parked.

2. A food truck in operation shall be located as follows:

i. A minimum two-hundred and fifty feet from any house of worship, school (during its hours of operation), day care facility, public park, hospital, library, or governmental office or facility.

ii. A minimum fifty feet from any other vehicle of a similar business which is engaged in the operation of mobile food vending.

iii. A minimum ten feet from any driveway, or public or private building entrance, or in any space not designed for vehicular parking.

iv. A minimum of twenty-five feet from any bus stop.

v. A minimum of twenty-five feet from any street intersection controlled by a traffic light, crosswalk, or stop sign. (Ord. 2023-11-1545 § 5 (part), 2023)

A. Upon any permit required by this chapter being denied, or suspended or revoked, as specified in this chapter, the applicant or operator may, appeal the decision to a hearing officer by completing an appeal form, stating the basis of the appeal, and returning it to the city clerk's office within seven days of the decision.

B. The city manager or his or her designee shall serve as the hearing officer for any appeal.

C. City staff shall submit a written report concerning the decision to the hearing officer, with a copy to the applicant or operator requesting the hearing, within ten business days of the city's receipt of the request for appeal. The hearing officer may request additional written or oral information from city staff or the applicant or operator prior to issuing a written decision.

D. The hearing officer shall render a written decision within thirty business days of the city's receipt of the request for appeal. The hearing officer may extend this thirty day period, in writing, in order to gather and consider additional evidence.

E. The hearing officer may affirm the denial, suspension, or revocation or order the issuance or reinstatement of any permit required by this chapter. (Ord. 2023-11-1545 § 5 (part), 2023)

It shall be unlawful to engage in mobile food vending on any public street, alley, or highway unless all of the following are met:

A. Operators shall comply with all applicable provisions of this chapter.

B. Operators shall comply with all applicable local, state, and federal laws.

C. It is unlawful to engage, or attempt to engage, in mobile food vending until the food truck has come to a complete stop and is lawfully parked.

D. Operators shall comply with all local parking and vehicle code provisions which apply to the location at which the food truck is parked.

E. The part of the food truck from which the products are vended must be open to prospective customers on the side facing toward the adjacent sidewalk only.

F. It is unlawful to vend to persons within a vehicle or standing in any portion of the right-of-way open to motor vehicles.

G. Use of sound-amplifying equipment is prohibited.

H. Operators shall be subject to the noise provisions of Title 9, Chapter 9.16 of this municipal code.

I. Food trucks may operate Monday through Sunday between the hours of 8:00 a.m. and 9:00 p.m.

J. Food trucks are strictly prohibited from obstructing emergency vehicle route, fire call boxes, fire lanes, fire hydrants, or any other fire safety equipment and facilities.

K. Operators shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.

L. The operator shall provide a trash receptacle for public use. The trash receptacle must be placed on the exterior of and within ten feet of the food truck. The operator shall keep all areas within twenty-five feet of the food truck clean and free from litter, garbage, and debris. The operator shall ensure that all trash and waste collected from its operations is lawfully and properly disposed.

M. Exterior storage of refuse, equipment, or materials associated with the food truck is prohibited.

N. No tables, chairs, furniture, or other seating provisions for customers shall be allowed.

O. It shall be unlawful to discharge any liquid (e.g., water, grease, oil, etc.) onto or into city streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the operator.

P. Signs used in conjunction with a food truck shall be affixed to or painted on the vehicle and shall comply with all sign regulations in the municipal code.

Q. The serving or consumption of alcohol shall be prohibited.

R. lt shall be unlawful for a food truck to remain parked and conducting business in one location longer than one hour, unless the food truck is situated within two-hundred feet travel distance of a legally approved and permitted toilet and handwashing facility, to ensure that restroom facilities are available to the operator and its employees and contractors. Operator must have permission of the property owner to use the toilet and handwashing facility. A food truck may not stand or park in one spot in the public right-of-way for more than two hours.

S. The operator shall maintain insurance as required by this chapter. (Ord. 2023-11-1545 § 5 (part), 2023)

Violation of any provision of this chapter is subject to enforcement pursuant to the provision of Chapter 1.16 of this municipal code. (Ord. 2023-11-1545 § 5 (part), 2023)