Tustin Municipal Code Part 1 Mobile Vending

No person shall operate any mobile vending business without first having obtained a mobile vending permit from the Director for each vehicle so engaged. If the owner and operator of the vehicle are different, both shall be applicants for a mobile vending permit.

(Ord. No. 1252, Sec. II, 6-3-02; Ord. No. 1274, Sec. 4, 4-21-03)

A person shall be disqualified from receiving a permit pursuant to this part if he or she has been convicted of any offense requiring registration pursuant to Section 290 of the Penal Code or Section 11590 of the Health and Safety Code, or any other offense involving a minor.

(Ord. No. 1252, Sec. II, 6-3-02; Ord. No. 1274, Sec. 4, 4-21-03)

The Director shall cause to be investigated all persons proposed to participate in the operation of the mobile vending business. Such persons shall be photographed and fingerprinted at the Police Department. All vehicles proposed to be licensed shall be inspected for safety at the Police Department.

(Ord. No. 1252, Sec. II, 6-3-02; Ord. No. 1274, Sec. 4, 4-21-03)

In addition to all information requested on the application form, the applicant shall submit the following:

(1) A certificate of liability insurance for the business operation;

(2) If applicable, evidence of compliance with the provisions of Part I of Chapter 1 of Article IV of the Tustin City Code pertaining to food and food establishments; and

(3) If applicable, evidence of compliance with applicable County and State health requirements.

(4) Evidence that the vehicle is insured in accordance with California law.

(Ord. No. 1252, Sec. II, 6-3-02; Ord. No. 1274, Sec. 4, 4-21-03)

(a) No person shall operate a mobile vending business which is stopped, parked or standing on any public street:

(1) Within five hundred (500) feet of any school property, public or Homeowner Association park, public playground or public recreational facility;

(2) Within five hundred (500) feet of any other food vending vehicle which is engaged in the operation of vending;

(3) Within 100 hundred (100) feet of an intersection;

(4) When the posted speed limit on the public street, alley or highway is greater than thirty-five (35) miles per hour;

(5) When the vending vehicle is parked in violation of any other provision of this Code or the California Vehicle Code;

(6) When any part of the vending vehicle is open to prospective customers other than on the side of the vehicle next to the right side of the street, alley or highway;

(7) When the vending vehicle is not stopped, parked or standing on the right side of the street, alley or highway;

(8) When the prospective customer is standing or sitting in another vehicle;

(9) When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic; or

(10) Between the hours of 9:00 p.m. and 7:00 a.m.

(b) No person shall back a vending vehicle to make or attempt to make a sale.

(c) No mobile vending business shall be conducted in any one (1) location for longer than thirty (30) minutes, and shall be moved a minimum of five hundred (500) feet from the previous location before vending again.

(d) No minor under the age of sixteen (16) shall ride in or on a vending vehicle while such vending vehicle is engaged or about to be engaged in the operation of vending.

(e) No additional lighting other than that required by the California Vehicle Code may be installed or operated on vending vehicle.

(f) All vending vehicles shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such vehicle, and the operator of the vending vehicle which shall pick up all refuse generated by such operation within a fifty (50) foot radius of the vehicle before such vehicle is moved.

(g) Noise-making devices for mobile vending shall be limited to musical devices. No person shall employ horns or whistles. Noise-making devices shall remain silent for a cumulative total of at least three (3) minutes during any five (5) minute time period.

(h) Mobile vendors shall carry proof of liability insurance for their vehicle at all times and shall maintain such insurance continuously in compliance with the Vehicle Code.

(i) Mobile vendors shall continuously maintain vehicles in compliance with safety provisions of the Vehicle Code.

(j) Mobile vendors shall continuously comply with all provisions of County and State law regarding the safe and healthful handling and storage of foodstuffs.

(k) No person conducting a mobile vending business shall establish a stationary display of wares on a public street, the public parkway or the public sidewalk. The stationary display of all products and services shall be contained within the vending vehicle.

(Ord. No. 1252, Sec. II, 6-3-02; Ord. No. 1274, Sec. 4, 4-21-03)

The provisions of this Part requiring a permit shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this ordinance. All such persons and businesses shall have thirty (30) days from the effective date of this ordinance to file a completed application for a mobile vending permit with the Director. All other regulations herein shall apply on the effective date of the ordinance.

(Ord. No. 1252, Sec. II, 6-3-02; Ord. No. 1274, Sec. 4, 4-21-03)

Any mobile vending business operated contrary to the provisions of this Part shall be and the same is hereby declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoyment thereof, in the manner provided by this Code, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating a mobile vending business contrary to the provisions of this Part.

(Ord. No. 1252, Sec. II, 6-3-02; Ord. No. 1274, Sec. 4, 4-21-03)