Chapter 5.92 — MOBILE VENDING

Section 5.92.010 Purpose and findings. 5.92.020 Definitions. 5.92.030 Permit required. 5.92.040 Vendor’s permit required. 5.92.050 Operator’s permit required.— Application for operator’s permit; contracts; required fee. 5.92.060 Issuance of permit. 5.92.070 Denial of permit. 5.92.080 Revocation of permit. 5.92.090 Notice of revocation. 5.92.100 Appeals. 5.92.110 Enforcement. 5.92.120 Temporary special events permit. 5.92.130 Trash receptacles and removal. 5.92.140 Hours of operation. 5.92.150 Insurance provisions. 5.92.160 Noise level. 5.92.170 Prohibited conduct. 5.92.180 Pre-existing businesses. 5.92.190 Nuisance. 5.92.200 Penalty. 5.92.210 Exemptions. 5.92.220 Severability.

The City Council of the City of Tulare finds that mobile vending vehicles pose traffic hazards, public health hazards and impact the safety of residents within the City of Tulare. The intent of the ordinance is to provide clear and concise regulations to insure public safety and prevent traffic and health hazards. This chapter is also intended to preserve the peace, and welfare of the residents of Tulare. (1995 Code, § 5.92.010) (Ord. 02-1908, passed 11-19-2002)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CHIEF OF POLICE. The Police Chief or his or her designee. CITY ATTORNEY. The City Attorney or his or her designee. FINANCE DIRECTOR/TREASURER. The City Finance Director/Treasurer or his or her designee. GOODS or MERCHANDISE. Includes items and products of every kind and description, including all foods, produce and beverage items. HUMAN POWERED DEVICE. Any device moved by human power including but not necessarily limited to any pushcart, wagon, bicycle, tricycle, grocery cart or other wheeled container or conveyance. ICE CREAM TRUCK(S) BB. A motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods or soft drinks. MOBILE VENDING VEHICLE. Any vehicle, as defined below, which is equipped or primarily used for retail sales of fruits, vegetables or produce, and/or prepared, pre-packaged or unprepared, unpackaged food of any kind on any public street, alley or highway or private street or alley within the City of Tulare. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries. A human powered device is not a MOBILE VENDING VEHICLE.

MOBILE VENDOR. Any person, as defined in this section, who: (1) Owns, controls, manages and/or leases a vending vehicle; and/or (2) Contracts with a person(s) to drive, operate, prepare foods and/or vend from a food-vending vehicle. OPERATOR. Any and all person(s) who drive, operate, prepare foods and/or vend from a food-vending vehicle. PERMIT. A permit issued by the Police Department, the Fire Department or a tax certificate issued by the Finance Department. PERSON. Any natural person, firm, partnership, association, corporation or other entity of any kind or nature. PLANNING AND BUILDING DIRECTOR. The Director of the Planning and Building Departments or his or her designee. PUBLIC PROPERTY. Any real property, or interest therein, owned, leased, operated or otherwise controlled by the City of Tulare other than a street, alley, parkway or sidewalk. RESTOCKING. Any transfer of goods or merchandise to a mobile vending vehicle from any other person or vehicle and includes, but is not limited to loading and delivery. RISK MANAGER. The city’s Risk Manager or his or her designee. VEHICLE. Pursuant to Cal. Vehicle Code § 670, vehicle shall mean a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. VEND or VENDING. Soliciting, displaying or offering produce, fruits, vegetables, prepared food, pre-packaged food or non- food sundries of any kind for sale or barter or exchange from a vehicle on a public or private street, alley, highway or public place within the City of Tulare and includes the movement or standing of a vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of produce, fruits, vegetables, prepared food, pre-packaged food or non-food sundries, including but not limited to goods, wares or merchandise. VENDOR. Any person who engages in the act of vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom. (1995 Code, § 5.92.020) (Ord. 02-1908, passed 11-19-2002)

No person shall own, control, manage, lease or contract with other persons for the operation of a vending vehicle in the City of Tulare without the appropriate valid permit issued pursuant to the provisions of this chapter in addition to any other license or permit required by the City of Tulare, the County of Tulare and the State of California. (1995 Code, § 5.92.030) (Ord. 02-1908, passed 11-19-2002)

(A) Any person desiring to obtain a vendor’s permit to engage in the vending of goods or merchandise from a vehicle, or driving of such vehicle shall, pursuant to this section, submit an application to the city’s Finance Department. Such application shall be accompanied by a non-refundable application fee in such amount established by resolution of the City Council. The permit shall be subject to renewal on a semi-annual basis. (B) An application for a permit under this section shall furnish the following information and documentation as part of or in conjunction with such application: (1) The present or proposed address from which the business is or is to be conducted, including the location for, restocking and overnight parking of the mobile vending unit; (2) The full and true name under which the business will be conducted; (3) The full and true name and any other names used by the applicant; (4) The present residence address and telephone number of the applicant; (5) California driver’s license number of the applicant; (6) Acceptable written proof that the applicant is at least 18 years of age; (7) The applicant’s height, weight, color of eyes and hair and date of birth; (8) The business, occupation or employment history of the applicant for the three-year period immediately preceding the date of the application; (9) The permit history of the applicant, for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension

or revocation; (10) Written proof of insurance pursuant to requirements of § 5.92.150 of this chapter shall be provided to the City Attorney or Risk Manager; (11) When any change occurs regarding the written information required in this chapter, prior to issuance of a permit, the applicant shall give written notification of the change to the city’s Finance Department within two weeks after the change; and (12) Where the applicant intends to or owns, operates and drives his or her own vehicle, an operator’s permit application and permit fee must be submitted. However an owner-operator need not remit a separate vender’s fee. (1995 Code, § 5.92.040) (Ord. 02-1908, passed 11-19-2002)

Any person desiring to obtain an operator’s permit to conduct or otherwise operate the business of vending goods or merchandise from a vehicle pursuant to this section shall make application to the City Finance Director/Treasurer or his or her designated representative. The application shall be accompanied by a non-refundable application fee in an amount as established by resolution of the City Council. Application fees shall be paid and applications for permit renewal shall be made on a semi-annual basis. Application fees are non-refundable. Each applicant for an operator’ s permit shall furnish the following information and documentation as part of or in conjunction with the application: (A) The present or proposed address from which the business is to be conducted; (B) The full and true name under which the business will be conducted; (C) The full and true name and any other names used by the applicant; (D) The present residence and business addresses and telephone numbers of the applicant; (E) A description of the goods or merchandise, which the business will vend; (F) The number of vehicles to be owned, operated or controlled by the applicant and 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; and (G) A description of the logo, color scheme, insignia and any other distinguishing characteristics of the applicant’s vehicles. (1995 Code, § 5.92.050) (Ord. 02-1908, passed 11-19-2002)

The City of Tulare Finance Department shall issue the vendor’s permit within 14 days after receiving the completed application, providing all of the following requirements have been met: (A) The required fees have been paid; (B) The application conforms in all respects to the provisions of this section; (C) The applicant has not made a material misrepresentation of fact in the application; (D) The applicant has not had a similar permit denied or revoked by the City of Tulare within a period of one year prior to the date of such application; and (E) The applicant does not have any outstanding debt owed to the City of Tulare. (1995 Code, § 5.92.060) (Ord. 02-1908, passed 11-19-2002)

(A) All conditions of § 9.52.060 must be met before the vender or operator permit is issued. Written notice of denial will be provided by the City of Tulare and will indicate grounds for denial. Notice of denial shall be deemed served on the date of personal service or when the notice is deposited in the United States mail, postage prepaid, and addressed to the applicant at his or her address as set forth in the permit application. (B) Any applicant whose application for a vendor’s or operator’s permit has been denied by the City of Tulare may appeal the denial to the City Manager by filing a written notice of appeal with the City Manager’s office no later than ten days following service of this notice of the decision. Notice of appeal must be accompanied by the appeal fee and is deemed filed with the city on the date of receipt by the City of Tulare. The appeal fee shall be set by resolution of the City Council. (C) No person or entity whose permit request is denied on appeal shall be eligible to re-apply for a period of one year from the date of the denial of his or her permit request.

(1995 Code, § 5.92.070) (Ord. 02-1908, passed 11-19-2002)

Any vendor’s or operator’s permit may be revoked by the City of Tulare upon a showing of good cause. Good cause may be found, but is not limited to, any of the following: (A) Providing false information as a basis for permit issuance; (B) Failure of the permittee, or any employees or subcontractors of the permittee, to comply with the regulations set forth in this chapter; (C) Conviction of a violation, or plea of guilty or nolo contendere, by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or municipal ordinance while in the course of conducting vending operations from a vehicle pursuant to the permit; and (D) Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee of any applicable provision or requirement of this chapter. (1995 Code, § 5.92.080) (Ord. 02-1908, passed 11-19-2002)

(A) Notification of the permit holder shall be made either by personal delivery or by regular mail, addressed to the permit holder at the permit holder’s residence address as set forth on the application for a permit. Service shall be deemed made on the permit holder on the date personally delivered or on the date of mailing. A permit holder may appeal the revocation to the City Manager by filing a written notice of appeal with the City Manager within ten days following the date of service of the decision and payment of the appeal fee as prescribed by resolution of the City Council. The date of filing of the notice of appeal shall be the date the notice and appeal fee are received by the City of Tulare. If a timely appeal is filed, the revocation shall be stayed pending the decision of the City Manager. Otherwise the suspension or revocation shall become effective immediately upon expiration of the appeal period. (B) No person or entity whose permit is revoked shall be eligible to apply for a new permit for a period of one year following the revocation. (1995 Code, § 5.92.080.1) (Ord. 02-1908, passed 11-19-2002)

Revocation shall not be effective until expiration of the appeal period. Upon receipt of a timely request for a hearing on appeal, the City Manager or his or her designated representative shall hear the appeal within 20 days of the request and shall provide the appellant not less than five-days’ advance notice of the hearing. The decision of the City Manager shall be based upon those criteria as set forth in this chapter, which is applicable to the issuance or revocation of the permit. The appellant shall be notified of the decision of the City Manager by mailed, written notice. The decision of the City Manager shall be final. No revocation of a permit pursuant to this chapter shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager’s decision; provided, however, no permit holder shall operate during any period of time in which the insurance coverage required by this chapter is not in full force and effect. (1995 Code, § 5.92.090) (Ord. 02-1908, passed 11-19-2002)

The Planning and Building Director, the Finance Director, the Fire Chief and the Chief of Police and their designees have the authority to enforce the provisions of this chapter. (1995 Code, § 5.92.100) (Ord. 02-1908, passed 11-19-2002)

Peddlers and vendors wishing to conduct business at any special event shall apply to the city for a temporary vending license. Application for such a license must be made at least 30 days prior to the beginning of the event. Applicants must meet the same application requirements as other peddlers and vendors. The license is valid only for the duration of the special event. Peddlers and vendors granted a temporary license are subject to the same operating regulations as other vendors, except where otherwise specified. (1995 Code, § 5.92.110) (Ord. 02-1908, passed 11-19-2002)

(A) All mobile vending vehicles shall be equipped with refuse receptacles large enough to contain all refuse generated by the operation of such vehicle.

(B) The operator of the mobile vending vehicle shall pick up all refuse generated by the operation within a 50-foot radius of the vehicle before the vehicle is moved, all refuse shall be disposed of at an approved solid waste facility. (1995 Code, § 5.92.120) (Ord. 02-1908, passed 11-19-2002)

(A) No vehicle or stand used for vending shall remain on public property during non-operating hours. Overnight parking of mobile vending vehicle on a public street or alley is prohibited. (B) No vending shall be permitted by any operator or conducted by a vendor except between the hours of 6:00 a.m. and 6:00 p.m. (1995 Code, § 5.92.130) (Ord. 02-1908, passed 11-19-2002)

All operations shall have liability insurance in accordance with the laws of the State of California. (1995 Code, § 5.92.140) (Ord. 02-1908, passed 11-19-2002)

(A) Any use of amplified sound making devices, including vehicle horns, to advertise, draw attention to, or announce the presence of any such vehicle shall comply with the limitations and provisions set forth in the Tulare Municipal Code. (B) Non-amplified sound making devices shall not be used while the vehicle is stopped, parked or otherwise in a stationary position, on any public street in an area zoned for residential use within the city. When used in a residential area, non-amplified sound shall not be audible to a person of normal sensitivity for a distance of more than 500 feet. (1995 Code, § 5.92.150) (Ord. 02-1908, passed 11-19-2002)

(A) No person shall vend from a mobile vending unit, except an ice cream truck, which is stopped, parked or standing on any public street, alley or highway in any of the following situations: (1) Within 500 feet of any active public school property, park, playground or recreational facility; (2) Within 300 feet of any other mobile vending vehicle which is engaged in the operation of vending; (3) Within 100 feet of an intersection (including public alleys); (4) When the posted speed limit on the public street, alley or highway is greater than 35 mph; (5) When the mobile vending vehicle is parked in violation of any other provision of this code or the California Vehicle Code; (6) When the mobile vending vehicle is duly registered and licensed by the State of California with an unladed weight exceeding 6,000 pounds; (7) When service is provided on the mobile vending unit exposed to the street and/or traffic; (8) When the mobile vending unit is not stopped or parked adjacent to the right side of the roadway; (9) When the prospective customer is standing or sitting in another vehicle; (10) When the prospective customer is located in that portion of the street, alley or highway, which is open to vehicular traffic; or (11) When the mobile vending vehicle is within any parkway, alley, sidewalk or within a no parking area as defined by Tulare Municipal Code Chapter 9.48, or other public property. (B) Re-stocking of a mobile vending vehicle is prohibited on a public street or alley. (C) No mobile vending vehicle shall attach to or receive any utilities from private or public property. (D) No additional lighting other than that required by the California Vehicle Code may be installed or operated on a mobile vending vehicle. (E) Mobile vending units may operate on private property (such as construction sites) for a period of not more than 30 minutes in order to provide meals/snacks for employees. Mobile vending units are not permitted on private property for any other purpose. (F) No vehicle shall be parked, stopped or left standing in any manner, which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.

(G) Mobile vending unit operators may not provide tables and/or seating for their customers. (H) No vehicle shall be parked or stored when not in use in any manner other than as defined in the California Uniform Retail Food Facilities Law, § 114287. (1995 Code, § 5.92.160) (Ord. 02-1908, passed 11-19-2002)

This section applies to all businesses or activities regardless of when the business or activity was established. Businesses existing prior to enactment of this section shall file a completed application for a vendor or operator permit or tax certificate within 30 days of enactment of the chapter. (1995 Code, § 5.92.170) (Ord. 02-1908, passed 11-19-2002)

Operators of a mobile vending units in any manner contrary to the provisions of this chapter is unlawful and constitutes a public nuisance. In addition to or in lieu of prosecuting a criminal action, the City Attorney may commence an action or proceeding for the abatement, or removal of the nuisance as provided in Title 7 of the Tulare City Code. The City Attorney may also apply to a court of jurisdiction for abatement or removal of the nuisance, or to restrain or enjoin operation of a mobile vending unit in a manner contrary to the provisions of this chapter. (1995 Code, § 5.92.180) (Ord. 02-1908, passed 11-19-2002)

(A) Every violation of the provisions of this chapter shall be deemed to be a misdemeanor punishable by imprisonment not exceeding six months or by fine not exceeding $1,000, or by both fine and imprisonment. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the City Attorney, may reduce the charged offense from misdemeanor to an infraction. Any person convicted of an infraction under this chapter shall be punished by: (1) A fine not exceeding $100 for a first violation; (2) A fine not exceeding $200 for the second violation of this chapter within one year; and (3) A fine not exceeding $500 for each additional violation of this chapter within one year. (B) Each day a violation continues shall be regarded as a new and separate offense. (1995 Code, § 5.92.190) (Ord. 02-1908, passed 11-19-2002)

The requirements of this section shall not apply to: (A) Any person delivering goods or merchandise by vehicle pursuant to an advance order by a business located at a permanent location, regardless of the intended point of sale. (B) Any person engaged in vending of goods or merchandise on public property pursuant to authorization by the City of Tulare. The authorization shall be premised upon a permit, lease, real property license, agreement or other entitlements issued by the city for such a purpose. (1995 Code, § 5.92.200) (Ord. 02-1908, passed 11-19-2002)

If any section, division, paragraph, sentence, clause or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, the decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, division, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more divisions, paragraphs, sentences, clauses or phases be declared unconstitutional, invalid or ineffective. (1995 Code, § 5.92.210) (Ord. 02-1908, passed 11-19-2002)