Temecula Municipal Code Ch. 8.61 Outdoor Vending on Private Property

The purpose of this chapter is to set forth the development standards for the siting of outdoor vendors within the city limits. The purpose of these standards is to ensure that the design and location of these vendors are consistent with the health, safety and aesthetic objectives of the city.

It is a desire of the city that the design of this community be of the highest quality, that new development be architecturally distinctive as well as homogeneous in design, and that accessory facilities be compatible with the overall theme of the community.

Recognizing that outdoor vendors offer the citizens of the community an alternative service, the regulations of this chapter are enacted to:

A. Promote public interest by contributing to an active pedestrian environment;

B. Set forth the conditions and requirements under which outdoor vendors may be permitted to operate on private property.

(Ord. 95-05 § 2; Ord. 19-08 § 1)

For purposes of this chapter, the following words, terms, phrases, and their derivations, shall have the meanings given herein. Then, consistent with the context, words used in the present tense singular include the plural.

"Applicant"

means any person who seeks to obtain a vending license pursuant to the procedures and requirements of this chapter.

"Developed"

means property that is fully improved.

"Outdoor vending license"

means a license obtained pursuant to the procedures and requirements of this chapter which permits a vendor to sell food or merchandise from a vending stand on private property subject to the limitations of this chapter and any other applicable laws.

"Outdoor vendor"

means any person who sells food or merchandise from a vending stand.

"Private property"

means privately owned, developed, commercial property within the city limits.

"Pushcart"

means any device designed to be moved by human power, including, but not limited to, wagons, or other wheeled containers or conveyances.

"Vending"

means the sale of food or merchandise from a vending stand operating on private property within the city limits.

"Vending stand"

means a pushcart, wagon or any other wheeled vehicle or device which may be moved without the assistance of a motor or which may be towed by motor vehicle to the outdoor vending location and is used for the displaying, storing or transporting of articles offered for sale by an outdoor vendor.

(Ord. 95-05 § 3; Ord. 19-08 § 1)

A. Licensing. It is unlawful to sell, or offer for sale, any food, beverage or merchandise from a vending stand on any private property within the city limits without first obtaining an outdoor vending license. Existing businesses which legally operate outdoor displays of merchandise prior to the adoption of the ordinance codified in this chapter, are not required to obtain an outdoor vending license for a period of one year from adoption of said ordinance.

B. Application. The application for an outdoor vending license shall be signed by the applicant and shall include the following:

1. The name, home and business address of the applicant, and the name and address of the owner (if other than the applicant) of the vending stand to be used in the operation of the vending business;

2. A description of the type of food, beverage or merchandise to be sold;

3. A description and photograph (including signage and colors) of any vending stand to be used in the operation of the business;

4. A site plan delineating the location of the vending stand;

5. A photograph or drawing of the vending stand to be used for review during the application approval process, showing materials, colors and signage;

6. An application fee as established by resolution of the city council;

7. Written consent of the property owner to make the application.

C. This chapter shall not apply to outdoor vending on public property which is regulated pursuant to Chapter 8.60 of this code."

(Ord. 95-05 § 4; Ord. 19-08 §§ 1, 2)

A. Not later than thirty days after the filing of a completed application for an outdoor vending license, the director of planning shall approve, deny or conditionally approve the application and notify the applicant of his or her decision.

B. Licenses to vend outdoor within the city limits shall be reviewed and approved by the director of planning in conjunction with the business license registration program, building and safety, and public works departments.

C. There shall be at least two hundred square feet of usable area for each allowed vending stand. The vending stand shall be free of all obstructions within a six-foot perimeter.

D. Locations for vending in the city shall be approved by the planning director. Vending locations shall be designated based on the ability of the site to safely accommodate the use by not interfering with pedestrian circulation and access or vehicle circulation or parking. The planning director may require that the vending stand be removed from the location and stored out of public view when not in use.

E. Vending locations may change only upon written request by an applicant and/or outdoor vending licensee and approval of the director of planning.

F. All vending locations shall be on private property as previously defined in this chapter.

(Ord. 95-05 § 5; Ord. 19-08 § 1)

All outdoor vending licenses are valid for one year unless revoked or suspended prior to expiration. An application to renew an outdoor vending license shall be made not later than sixty days before the expiration of the current outdoor vending license. License fees and renewal procedures shall be established in accordance with the business license registration program procedures outlined in this code.

(Ord. 95-05 § 6; Ord. 19-08 § 1)

All outdoor vending licenses shall be displayed in a visible and conspicuous location at all times during the operation of the vending business.

(Ord. 95-05 § 9; Ord. 19-08 § 1)

A. Any outdoor vending license may be denied, suspended or revoked in accordance with the procedures contained in this code for any of the following causes:

1. Fraud or misrepresentation contained in the application for the outdoor vending license;

2. Conduct of the licensed business in such a manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare or morals;

3. Conduct which is contrary to the provisions of this chapter.

B. Any person wishing to appeal any denial, suspension or revocation of an outdoor vending license may do to, pursuant to the authority and procedures of Chapter 2.36 of this code.

(Ord. 95-05 § 11; Ord. 19-08 § 1)

It shall be prohibited for any vendor to operate under any of the following conditions:

A. Operate between ten p.m. and six a.m. of the following day unless in conjunction with a special event as set forth in Riverside County Ordinance No. 348, Section 19.51 as adopted by the city;

B. Leave any vending stand unattended;

C. Store, park or leave any vending stand on any undeveloped or otherwise vacant property, or store, park or leave any vending stand within any public right-of-way unless it is done in compliance with Chapter 8.60 of this code;

D. Sell food or beverages without appropriate health department permits for immediate consumption or otherwise unless there is a litter receptacle available nearby for public use. Alcohol sales shall not be permitted unless in conjunction with a special event;

E. Leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made from the vending stand;

F. Allow any items relating to the operation of the vending business to be placed anywhere other than in, or under the vending stand;

G. Set up, maintain or permit the use of any additional table, crate, carton, rack, or other device to increase the selling or display capacity of the vending stand where such additional items have not been approved by the director of planning;

H. Solicit or conduct business with persons in motor vehicles;

I. Sell anything other than that which the outdoor vending license permits;

J. Sound or permit the sounding of any device which produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public. Have any flashing, rotating, or other similar lights or lighting to attract the attention of the public or in violation of the California Vehicle Code Section 21466.5.

(Ord. 95-05 § 7; Ord. 19-08 §§ 1, 3)

A. All vending stands in or from which food is prepared or sold shall comply with the following requirements:

1. All equipment installed in any part of the vending stand shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.

2. All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.

3. Compressors, auxiliary engines, generators, batteries, battery chargers, gas fueled water heaters, and similar equipment shall be installed so as to be hidden from view to the extent possible and be easily accessible.

B. No vending stand shall exceed four feet in width, six feet in length, and eight feet in height, inclusive of signage, umbrellas, etc.

(Ord. 95-05 § 8; Ord. 19-08 § 1)

No advertising, except the posting of prices, shall be permitted on any vending stand, except to identify the name of the product or the name of the vendor.

(Ord. 95-05 § 10; Ord. 19-08 § 1)

Any violation of any of the requirements of this chapter shall be an infraction and any violator may be punished pursuant to Section 1.20.010 et seq., of this code. Notwithstanding the foregoing, any violation of any of the requirements of this chapter may be prosecuted as an administrative civil action pursuant to Chapter 1.21 of this code.

(Ord. 95-05 § 12; Ord. 98-04 § 5; Ord. 19-08 § 1)