Weed Municipal Code Ch. 5.20 Mobile Food Vendors

The purpose of this chapter is to regulate the operation of mobile vendors of food within the City of Weed.

(Ord. No. 459-2020, § 2, 3-12-2020)

The following definitions apply to terms used in this chapter:

"Cannabis", also sometimes commonly referred to as "marijuana", means any and all parts of the plants Cannabis sativa Linnaeus, Cannabis indica, Cannabis ruderalis, and any other strain or varietal of the genus Cannabis that may exist of hereafter be discovered or developed that has psychoactive or medicinal purposes, whether growing or not, including the seeds thereof. "Cannabis" also means marijuana as defined by Section 11018 of the California Health & Safety Code. For the purposes of this chapter, "Cannabis" does not mean or include industrial hemp as defined by Section 81000 of the California Food and Agriculture Code or Section 11018.5 of the California Health & Safety Code.

"City" means the City of Weed.

"City council" means the city council of the City of Weed.

"City manager" means the city manager of the City of Weed and also includes the city's city administrator, if any, and any assistant or designee of either.

"Food" means food or beverage intended for immediate consumption, including but not limited to prepared food and beverages, and fresh fruit and vegetables, but not including vendors of frozen foods which must be thawed and/or heated before consumption.

"Mobile" means capable of being moved, by self-propulsion, towing, or otherwise, from an operating location within thirty minutes, and includes but is not limited to any vehicle which is licensed or licensable by the California Department of Motor Vehicles for use on public streets, and any motor home, truck, pushcart, trailer, or bicycle. Also included are pedestrian vendors, except as provided hereinbelow.

"Person" means any individual, corporation, association, or other entity.

"Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path, as defined in Government Code section 51036(a).

"Vendor" means any person engaged in sales regulated by this chapter.

(Ord. No. 459-2020, § 2, 3-12-2020)

(A) Non-Profit. Pedestrian vendors of food who are doing so on behalf of any organization which is recognized by the state or federal taxing authorities as being non-profit, or any local community organization which primarily benefits youth, and provides the city manager with adequate evidence of such status upon request.

(B) Delivery. The delivery to any home or business, by truck or other motor vehicle, of food intended for consumption at such home or business, or by the occupants thereof, and for which no door-to-door sales solicitation takes place.

(C) Public Festivals. This chapter shall not apply to vendors at any city festival sponsored, authorized, or organized by the city, the Weed Chamber of Commerce, Weed Recreation and Park District, Weed Elementary School or District, Weed High School, Siskiyou Union High School District, or College of the Siskiyous, where the vendor operates solely on property owned or controlled by one or more of those entities with the owner's permission.

(Ord. No. 459-2020, § 2, 3-12-2020)

Vendors shall maintain their business vehicle, as well as any other equipment, and the surrounding area, in a clean, neat, and well-maintained condition. Areas where food is prepared or stored shall be wholesome and free from insect infestation, decomposing food, and other unhealthy conditions. Neither the vendor nor its vehicle shall disturb neighboring public or private properties or distract motorists, nor interfere with the free passage of persons or vehicles.

(Ord. No. 459-2020, § 2, 3-12-2020)

Vendors shall properly refrigerate all food which is ordinarily required to be kept in such manner.

(Ord. No. 459-2020, § 2, 3-12-2020)

The vendor shall not cause or allow excessive noise, noxious odors, smoke, or light from its operations, or do anything else to disturb, cause a nuisance, or interfere with occupants of, or activities on, neighboring public or private properties.

(Ord. No. 459-2020, § 2, 3-12-2020)

The vendor shall not allow wastewater from its operations to be discharged onto any public or private property.

(Ord. No. 459-2020, § 2, 3-12-2020)

The vendor provide suitable trash collection receptacles for use by it and its customers and shall not allow trash or debris from its operations, or its customers, to be left on any public or private property. Such trash as the vendor collects shall be disposed of lawfully. Trash receptacles shall not be left outside when the mobile food vendor operation is not open for business.

(Ord. No. 459-2020, § 2, 3-12-2020)

A mobile food vendor may not park and operate at any location on a publicly-owned or publicly-maintained street (including any city street, or state highway) for in excess of two hours in any twenty-four hour period, upon the expiration of which period the vendor must relocate its operation at least a distance of at least two-tenths of a mile so as to avoid imposing an unreasonable burden on the same nearby properties or occupants. This section shall not prohibit a mobile food vendor which is not then offering food for sale from lawfully parking on a public street in compliance with all city parking restrictions.

(Ord. No. 459-2020, § 2, 3-12-2020)

A mobile food vendor conveyance which is not self-propelled, is less than three feet wide and six feet in length, and which will not interfere with pedestrian passage on the sidewalk, or entry into any structure, may park and operate on a public sidewalk, but not at the same location for in excess of two hours in any twenty-four hour period, and upon the expiration of such two-hour period the vendor must relocate its operation a distance of at least two hundred feet so as to avoid imposing an unreasonable burden on pedestrian traffic upon nearby properties or their occupants.

(Ord. No. 459-2020, § 2, 3-12-2020)

A mobile food vendor may not park and operate on any other publicly owned property except with the written consent of the owner or lessee of the property.

(Ord. No. 459-2020, § 2, 3-12-2020)

A mobile food vendor may not park and operate on any privately-owned property except with the express written consent of the record owner thereof.

(Ord. No. 459-2020, § 2, 3-12-2020)

A mobile food vendor shall not park and operate on the same parcel of privately-owned property on more than five days in any thirty-day period unless the property owner shall have first obtained a conditional use permit pursuant to this Municipal Code. As a condition of issuance of a conditional use permit, the city may, along with any other conditions, require that the vendor make a restroom and other facilities available for the use of its customers during its operating hours.

(Ord. No. 459-2020, § 2, 3-12-2020)

In addition to any other business license or permit required by law or ordinance, every mobile food vendor which is not exempt hereunder shall apply for and be issued a mobile food sales permit. Permits may be issued on an annual, semi-annual, daily, or other periodic basis, and on such conditions. The city council may, by resolution, specify the fee, if any, to be paid by the vendor for such permit, which shall be in an amount which is reasonably estimated to not exceed the city's cost to enforce this chapter. Permits to operate on city property other than streets or highways shall be issued only upon approval of the city council on such conditions as it deems appropriate. The city may require vendors to submit to inspections as a condition of the issuance or renewal of any permit. The city may require an applicant to provide such information and documentation as it may deem to be necessary or convenient for the identification of the vendor, consistent with Government Code section 51038(c).

A. A permit may be immediately suspended by the city manager for a period of up to thirty calendar days upon issuance of written notice to the vendor of the city manager's determination that mobile food vendor has violated any provision of this chapter, of any other part of the Weed Municipal Code, or of state law. The notice shall specify the specific violations committed by the vendor and that the suspension will be lifted upon proof of correction of the violation.

B. During a period of suspension, as provided above, a permit may be revoked by the city manager upon issuance of written notice to the vendor of a determination that any of the following have occurred:

1. Good cause exists to believe that a criminal violation of state law has been committed by a vendor while operating the permitted business;

2. The existence of any violation which has not been corrected after notice from the city manager;

3. Repeated violations, of this chapter have been committed by the vendor or its personnel; or

4. Other good cause which, in the reasonable opinion of the city manager, endangers the public health or safety.

C. If a permit revocation notice is given, suspension of the vendor's permit shall remain in effect until the city council rules upon any appeals.

D. Notices given above shall inform the permittee of its right to appeal the suspension/revocation to the city council, the decision of which shall be final.

E. Consistent with Government Code section 51039(a)(2), a sidewalk vendor's permit may be revoked for the remaining term of the permit upon the fourth or subsequent violation of this chapter.

(Ord. No. 459-2020, § 2, 3-12-2020)

The city manager, in consultation with the city attorney, may adopt additional regulations and procedures which are not inconsistent with this chapter, regarding the application, review, issuance, regulation, suspension, and revocation of permits, and regarding the interpretation and application of this chapter, and make the same readily available to the public on the city's website and upon request. Such regulations and procedures shall go into effect immediately upon issuance but shall at all times be subject to review by the city council, in its discretion, at the request of the city manager or any interested person.

(Ord. No. 459-2020, § 2, 3-12-2020)

A mobile food service vendor shall also comply with all applicable state and county laws, ordinances, and regulations, including vehicle registration and any other obligations to obtain any licenses and permits required by state law or regulation, or local ordinance.

(Ord. No. 459-2020, § 2, 3-12-2020)

Nothing herein shall be deemed to allow the sale or distribution of any food containing cannabis or its derivatives which has not been authorized by this Code and the State of California, but this chapter shall apply to any vendors of such food which have been so authorized.

(Ord. No. 459-2020, § 2, 3-12-2020)

Penalties for violations of this chapter shall be those specified by this Code, but any to be imposed upon sidewalk vendors shall not exceed those specified by Government Code section 51039.

(Ord. No. 459-2020, § 2, 3-12-2020)