Victorville Municipal Code Art. 13 Specially Regulated Business—Mobile Vehicle Vendors

The City finds that the vending of produce, prepared or prepackaged foods, goods, and/or wares from motor vehicles temporarily parked on public streets or alleys and on private property may pose unsafe conditions and special dangers to the public health, safety and welfare of the residents of the City. It is the purpose of this Article to provide clear and concise regulations governing these types of motor vehicular mobile vending operations to prevent safety, traffic, and health hazards, and to preserve the peace, safety and welfare of the City and its residents.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

No Mobile Vehicle Vendor may vend or operate anywhere within the City without first obtaining a Mobile Vehicle Vendor License from the City. Mobile Vehicle Vendors must comply with the terms and conditions set forth in the Mobile Vehicle Vendor License and within this Article.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

(a) All business license applications must be completed online through the City's designated business license application system ("License System"). To receive a Mobile Vehicle Vendor License, each prospective Mobile Vehicle Vendor must provide the following items to the City through the License System:

(1) All applicable documents described in Chapter 7, Article 3 of this Title;

(2) A list of all applicable employees and/or Mobile Vending Vehicle licensed drivers;

(3) A description of the food and/or merchandise to be sold;

(4) Intended locations, days, and hours of operation;

(5) A description of all Mobile Vending Vehicles to be used when vending, to include color photos of the sides, front and rear of the vehicles, and license plate numbers;

(6) If the applicant will Vend Food, copies of applicable permits issued by the Health Department and certification that the Mobile Vehicle Vendor will comply with all applicable laws regarding Food Vending;

(7) Proof of general liability, automobile liability, and such other insurance coverages in the amounts and types specified by the City's Risk Manager;

(8) Proof that each Mobile Vending Vehicle is properly registered with California Department of Motor Vehicles;

(9) A copy of the Mobile Vehicle Vendor's current and valid Seller's Permit;

(10) A declaration that the information provided to the City in connection with the Mobile Vehicle Vendor License application is true and correct;

(11) Full payment of the applicable Mobile Vehicle Vendor License fees, as set by Resolution of the City Council.

(b) Mobile Vehicle Vendors intending to operate on private property must also provide the following:

(1) A copy of the property owner's written authorization to vend in the specified location and approval of land use entitlements as prescribed in Chapter 3 of this Title;

(2) A site plan, drawn to scale and with dimensions, indicating the location of all existing buildings, structures, driveways, parking spaces, traffic controls, and improvements and the location where the proposed vending activity will be located on site, and demonstrating that there will be adequate ingress and egress to the site and that the mobile vending activity will have adequate parking and not utilize parking otherwise required for any business located at the site;

(c) In addition, prior to the issuance of a Mobile Vehicle Vendor License, the applicant and each of applicant's employees and/or operators of Mobile Vending Vehicles shall cause to be filed with the Business License Division, a live scan background check conducted by the California Department of Justice within the previous six months of the application date. The Business License Division shall furnish each applicant with a live scan request form for use at any live scan vendor location. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the City's Business License Custodian of Records or the Police Department to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-7.13.040.

(d) The above information and the Mobile Vehicle Vendor License renewal fee (as established by resolution of the City Council) must thereafter be provided annually to the City prior to the date the Mobile Vehicle Vendor's current Mobile Vehicle Vendor License expires.

(Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25)

(a) The Building Official or the Code Enforcement Official, may deny the application for issuance of a Mobile Vehicle Vendor License if he/she determines that:

(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;

(3) The applicant has failed to demonstrate an ability to conform to the operating conditions and standards applicable to the particular type of Mobile Vehicle Vendor License for which vendor has applied, as set forth in Sections 16-7.13.050 through 16-7.13.080 of this Article;

(4) The applicant has previously violated any provisions of this Article or this Chapter;

(5) The City's Business License Custodian of Records or the Police Department, after conducting a preliminary investigation to determine compliance with this Chapter, has found any of the following as a result of the live scan background check performed on the applicant or its employees:

(A) A conviction in a court of competent jurisdiction or a plea of nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058 within three (3) years of the date of application; or

(B) Active probation or parole status for any offenses set forth in this Section that was committed within three (3) years of the date of application; or

(C) A conviction of a felony or misdemeanor involving crime of moral turpitude within three (3) years of the date of the application; or

(D) If the application is for a driver/operator of a Mobile Vending Vehicle, conviction of alcohol or drug related traffic offenses;

(E) Registration under the provisions of California Penal Code section 290 (or an equivalent section in any other State) is required.

(b) If an application is denied, the basis for the denial shall be mailed to or delivered in writing to the applicant setting forth the reasons for the denial. If the denial is not appealed within ten (10) days as provided in Section 16-02.02.050 of this Title, the determination of denial shall become final and conclusive.

(Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25)

(a) No Mobile Vehicle Vendor shall:

(1) Vend when the Mobile Vending Vehicle is in motion. Vending can only take place when the vehicle is lawfully parked or stopped.

(2) Vend from the side of the Mobile Vending Vehicle towards moving traffic. Vending can only take place from the side of the vehicle away from moving traffic and as near as possible to the curb or edge of the right-of-way.

(3) Vend to a person standing in the street or roadway.

(4) Vend on a street or roadway unless there is a clear view from the Mobile Vending Vehicle for a distance of at least 200 feet in each direction.

(5) Stop on the left side of a one-way street to vend.

(6) Back up the Mobile Vending Vehicle on a public street or roadway to make or attempt a sale.

(7) Vend from any street parking space other than a space parallel to the curb.

(8) Operate from any vehicle not licensed by the Department of Motor Vehicles.

(b) Unauthorized riders on Mobile Vending Vehicles prohibited:

(1) The Mobile Vehicle Vendor must not permit any unauthorized person to ride in or on the Mobile Vending Vehicle.

(2) No person shall ride in or on a Mobile Vending Vehicle unless such person:

(A) Is employed by the owner of the Mobile Vending Vehicle business,

(B) Is authorized in writing to do so by the owner of the Mobile Vending Vehicle business; or

(C) Has received permission through the application process in this Article.

(D) All persons licensed by the City to operate a Mobile Vending Vehicle must be at least 18 years of age and possess a valid, unexpired California Driver's License.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

All Mobile Vehicle Vendors shall comply with the following standards, conditions and requirements:

(a) Location:

(1) No Vending shall occur within ten (10) feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, or driveway. A greater distance or separation from other uses may be required under the conditions imposed on a Mobile Vehicle Vendor License, in order to preserve line-of-sight, or for other safety reasons;

(2) No vending shall occur within three hundred (300) feet of the grounds of any elementary or junior high school;

(3) No vending shall occur within five hundred (500) feet of a freeway entrance or exit;

(4) Vendors shall not stop in any single location for more than one and one-half hours in any twenty-four-hour period;

(5) Vending at any City park, recreational facility, or sports complex is permitted only upon the prior written authorization from the City's Director of Community Services or pursuant to a Temporary Special Permit in accordance with Victorville Municipal Code Section 14.04.040(n).

(b) Design and Operating Standards, condition/appearance of site and Mobile Vending Vehicle:

(1) The Mobile Vehicle Vendor shall maintain the area within which vending activities occur in a clean, safe and sanitary condition;

(2) No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vending operation;

(3) Should any site improvements be needed for ongoing vending operations, the Mobile Vehicle Vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations;

(4) The Mobile Vehicle Vendor shall not attach or use any water lines, electrical lines or gas lines during vending operations;

(5) Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the Mobile Vending Vehicle is prohibited;

(6) Mobile Vehicle Vendors shall display, in plain view and at all times, current permits and licenses in or on their Mobile Vending Vehicles;

(7) All Mobile Vending Vehicles shall be clean and in good repair;

(8) Mobile Vehicle Vendors shall not discharge items from any Mobile Vending Vehicle onto the sidewalk, gutter, storm inlets or drains, or streets; and

(9) The width, length, and height of all Mobile Vending Vehicles and devices shall be subject to review as part of consideration of the Mobile Vehicle Vendor License.

(c) Hours of operation: Mobile Vehicle Vending shall be conducted between the hours of 7:00 a.m. and 10:00 p.m. All Vending operations shall comply with the City's noise ordinance.

(d) Lighting: The Mobile Vehicle Vendor shall provide adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.

(e) Obstructions, hazards: No Mobile Vehicle Vendor shall obstruct vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to a curb, and shall not create public health or safety hazards.

(f) Parking: Prior to issuance of the Mobile Vehicle Vendor License, the City shall confirm that an acceptable area for customer parking exists or shall specifically exempt the Mobile Vehicle Vendor from this requirement due to the nature and/or location of the use. If the Vending will occur on private property, the City shall determine that there will be adequate ingress and egress to the site, and that the vending operation will have adequate parking and not utilize parking otherwise required for any business located on the site. Parking for the Mobile Vehicle Vendor shall be specified in compliance with the Mobile Vehicle Vendor License. The vendor shall not indicate exclusive roadway parking or reserve any public parking area for the vendor's customer parking.

(g) Exceptions: Exceptions to increase length of time for Vending in a single location or daytime hours for special events are to be filed with the Zoning Administrator as part of the business's Temporary Use Permit and considered on an individual basis.

(h) Other applicable regulations: Each Mobile Vehicle Vendor shall comply at all times with all applicable federal, state, county, City, and other local laws and regulations.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

(a) All Ice Cream Trucks must be equipped at all times with signs mounted on both the front and the rear and clearly legible from a distance of 100 feet under daylight conditions, incorporating the words "WARNING" and "CHILDREN CROSSING." Each sign shall be at least 12 inches high by 48 inches wide, with letters of a dark color and at least four inches in height, a one-inch solid border and a sharply contrasting background.

(b) No person shall vend any item other than prepackaged food from an Ice Cream Truck unless applicable health permits have been obtained.

(c) Ice Cream Trucks shall stop and vend only at the request of a customer. Absent an actual customer, Ice Cream Trucks shall not stop and vend.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Provided a Mobile Vehicle Vendor License has been obtained in accordance with the provisions of this Article, Food Trucks may operate within the City with an approved Temporary Use Permit, issued pursuant to Article 4 of Chapter 3 of this Title and subject to the restrictions on such temporary uses in Section 16-3.07.050.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

A Mobile Vehicle Vendor License is not required for the following activities:

(1) The sale of agricultural products on the site where the product is grown;

(2) Catering for private parties held exclusively on private property and not open to the general public;

(3) Permitted community events such as, but not limited to, Certified Farmers' Markets, crafts fairs, street fairs, and other special events approved and designated by the City (provided a Temporary Use Permit is obtained pursuant to Title 16, Chapter 3, Article 4 of this Code); and

(4) Delivery activities of any establishment with a fixed place of business, which has a valid City business license for such fixed place of business, and only delivers its products, services, or goods to a specified address in response to a customer request, order, or invoice previously placed through that fixed place of business.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

As a condition of issuance of a Mobile Vehicle Vendor License, the applicant shall agree to indemnify, hold harmless, and defend the city and its officials, employees, and agents from and against all liability, damage and/or loss arising from the conduct of Mobile Vehicle vending activities by the vendor, its employees, and agents.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Any person violating any of the provisions of this Article or knowingly or intentionally misrepresenting to any authorized officer of the City any material fact in procuring the License herein provided for shall be subject to the penalties set forth in Section 16-7.01.160 of Chapter 7.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)