West Covina Municipal Code § 14-162 Permit required

Footnotes:

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Editor's note— Ord. No. 1744, § 1, adopted June 22, 1987, repealed Art. VII, §§ 14-16—14-166, in its entirety. Former Art. VII which was concerned with public lodgings derived from the Code of 1960, §§ 4124—4129; and Ord. No. 1625, § 1, adopted February 13, 1984. Similar provisions may now be found in § 21—56 et seq.

For the purpose of this article, unless the context clearly requires a different meaning, the terms set forth in this section shall have the following meanings:

Approved location shall mean a private parcel of real property or contiguous private parcels of real property under common ownership on which a mobile food vendor conducts business.

License collector means the person exercising that function or any city employee designated by the license collector to perform such functions hereunder.

Mobile food vendor shall mean any person or entity operating a vehicle, trailer, cart, wagon bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation and which is required to be registered with the California Department of Motor Vehicles, that offers the sale of food or beverages for the purposes of article VII. This does not include food caterers providing services for private events and ice cream trucks selling exclusively ice cream products from a motor vehicle.

Motor vehicle shall mean any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles.

Permittee shall mean the holder of a permit issued under this Article VII.

(Ord. No. 2196, § 3(Exh. A(3)), 9-1-09)

(a) It is unlawful for any person to keep, maintain or conduct, at any time, any mobile food vendor business at any stationary place or stand within the boundaries of any street, avenue or sidewalk within the city, except ranchers or gardeners living in the city who are selling their own seasonal products.

(b) It is unlawful for any person to keep, maintain or conduct, at any time, any mobile food vendor business within the city without first obtaining a valid mobile food vendor permit as required by this article VII.

(c) The permit required by this article VII is in addition to any other business license or other permit or license required by law.

(Ord. No. 2196, § 3(Exh. A(3)), 9-1-09)

(a) Each mobile food vendor vehicle requires a separate permit.

(b) No more than six (6) mobile vendor permits shall be issued within the city.

(c) A mobile food vendor shall only conduct business on an approved location with the written permission of the property owner. The vendor shall keep a copy of the written permission in the vehicle at all times.

(d) The mobile food vendor shall store their vehicle in a commissary (storage facility) that provides electrical hookups (for refrigeration), a place to dispose of trash, and a place to dispose of used cooking oil and dirty water.

(e) No mobile food caterer shall sell or vend food or beverages from their vehicle without prominently displaying their city permit and health department certificate.

(f) Only one (1) mobile food vendor is allowed per approved location.

(g) No mobile food vendor shall operate on or within a distance of one hundred fifty (150) feet from property used or zoned for residential purposes. However, a mobile food vendor may conduct business on a property used or zoned for residential purposes during the construction or reconstruction of any structure on that property if the area actually being constructed or reconstructed consists of two thousand five hundred (2,500) square feet or greater in area.

(h) No mobile food vendor shall operate within five hundred (500) feet of any school property.

(i) No mobile food vendor shall use or have moveable or permanent stand(s), table(s), chair(s), ice chest(s) or other ice container(s), equipment or device(s) at any approved location other than the permitted mobile unit, one stool for his or her own use.

(j) All litter must be picked up after each stop. All mobile food vendors shall provide a trash/garbage container of no more than thirty (30) gallon capacity.

(k) No mobile food vendor shall block the movement of pedestrians along the sidewalk with a permitted mobile unit, stool or trash/garbage container.

(l) Permits issued under this section shall not be sold, assigned or transferred, and shall cover only the permittee to whom the permit is issued.

(m) Each permittee who is an approved mobile food vendor shall operate only between the hours of 7:00 a.m. and 11:00 p.m.

(n) A mobile food vendor who operates in one location for more than two hours shall operate only between the hours of 6:00 p.m. and 11:59 p.m. of the same day.

(o) No mobile food vendor shall use, play or employ any amplifier, loudspeaker, or any other instrument or device for the production of sound when the mobile food vendor is stationary upon any private place, or any street, sidewalk, right-of-way, park or other public place.

(Ord. No. 2196, § 3(Exh. A(3)), 9-1-09)

(a) An application for mobile food vendor permits shall be made to the license collector upon forms prescribed by the city. The application shall be declared to under penalty of perjury and filed with the license collector. The application shall be accompanied by an application fee, in an amount to be set by resolution of the city council. The application fee will not be refunded if a permit is not issued.

(b) Such application shall contain the following information and documentation:

(1) A statement that the applicant has received and read a copy of this article.

(2) The full name, mailing address, principal business or residential address and telephone number and date of birth of the applicant.

(3) The name, address, and phone number of the commissary (storage facility) where the vehicle will be stored.

(4) The California license number of each vehicle to be used as a mobile food vendor within the city.

(5) The vehicle identification number of each vehicle to be used as a mobile food vendor within the city.

(6) Proof of insurance for each vehicle satisfactory to the license collector in form and amount.

(7) Proof of a valid California drivers license for the operator of each vehicle.

(8) The address of the applicant and of the permit holder where the license collector can send notices required by this article.

(9) If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the license collector in writing thereof within twenty-four (24) hours after such change.

(Ord. No. 2196, § 3(Exh. A(3)), 9-1-09)

(a) The license collector shall issue the permit to the applicant within twenty (20) days after the date the application is filed, unless he finds that:

(1) The applicant has not provided the information required by section 14-164 and has failed to provide an amended application with the missing information after being requested to do so; or

(2) The applicant indicates on the application that the proposed mobile food vendor operation will violate any provision of section 14-163 and has failed to amend the application to indicate compliance with said sections after being requested to do so.

(b) The license collector shall have the duty to make the requests specified in subsection (a) above and shall do so by serving written notice upon the applicant within the time period for issuance of the permit. Every such request shall state the time period within which the application may be amended, and shall be served by personal service or by deposit in United States postal service, certified mail, return receipt requested.

(c) If the license collector requests an amended application pursuant to this section, he shall not act on the permit application for ten (10) days after the date the request is personally served or deposited in United States mail. If the applicant fully complies with the request on or before the tenth day, the license collector shall issue the permit within ten (10) days after the amended application is filed.

(d) If the permit is denied, the license collector shall have the duty to so notify the applicant and shall serve the notice within the time period specified in subsection (c) for issuance of the permit. Every such notice of denial shall be in writing, shall state the grounds therefor, and shall be served by personal service or by deposit in the United States postal service, certified mail, return receipt requested.

(e) Each application required by this section shall be accompanied by a nonrefundable annual permit fee to be established by resolution of the city council. If the applicant applies for a permit for a new mobile food vendor license, the permit fee shall be due and payable immediately; and the amount of the fee shall be determined by prorating the annual permit fee on the basis of the number quarters remaining in the calendar year and including the quarter in which the application is filed.

(f) Whenever any permit fee required by this part is not paid within thirty (30) days after January 1, a penalty of ten (10) percent of the amount due shall be imposed, and an additional penalty of ten (10) percent of the original fee shall be added at the close of business of the last day of each calendar month thereafter. Each penalty shall become part of the permit fee required by this article. However, in no case shall the total penalty exceed one hundred (100) percent of the original fee.

(Ord. No. 2196, § 3(Exh. A(3)), 9-1-09)

(a) The permit, if issued, shall include the following information:

(1) The name of the permit holder;

(2) The dates the permit begins and expires;

(3) A permit number; and

(b) The permit shall be valid for a period of one year, unless sooner revoked, or suspended pursuant to the provisions of this chapter.

(c) Each permit and each renewal permit shall expire on December thirty-first next following the date of its issuance. Each such permit may be renewed by making application for renewal and paying the required fee within the time specified for the renewal of business licenses.

(Ord. No. 2196, § 3(Exh. A(3)), 9-1-09)

(a) Whenever it shall be shown that any permit holder has violated any of the provisions of this article the license collector may suspend or in accordance with subsection (c) revoke the permit by serving written notice on the permit holder not less than ten (10) business days prior to the suspension or revocation. The notice shall be served by personal service or by deposit in the United States postal service, certified mail, return receipt requested, at the address specified in the permit application or any amendment thereto. The notice shall state with specificity the reasons for the suspension or revocation, how it can be cured or appealed, in the case of suspension that the permit will be revoked unless, within ten (10) days after the notice of suspension is personally served or deposited in the United States mail, the violation is either cured or appealed. It shall be the responsibility of the permit holder to provide evidence to the satisfaction of the license collector that the violation has been cured, otherwise a permit that has been suspended shall be deemed revoked without further notice.

(b) Any permit holder aggrieved by any action of the license collector to deny, suspend or revoke a permit may appeal to the city manager by filing a written notice of appeal with the city clerk. Such appeal shall state with specificity the reasons therefor and shall be filed within ten (10) days after notice of denial, suspension or revocation is personally served or deposited in the United States mail.

(c) The appeal shall be heard by the city manager or his or her designee within thirty (30) business days after the appeal is filed. At the time of the hearing, the city manager or his or her designee shall hear all relevant evidence and shall determine the merits of the appeal and he or she shall render a decision thereon within five (5) business days after the hearing. Said decision shall be in writing, shall state with specificity the reasons therefor, and shall be served upon the applicant within two (2) business days thereafter by personal service or by deposit in the United States postal service, certified mail, return receipt requested.

(d) The filing of an appeal with the city clerk shall not stay the action of the license collector. If the permit holder does not file a timely appeal, as required by subsection (c) above, the permit holder shall have waived all rights to administrative or judicial remedy.

(e) In the case of a permit, which has been revoked, neither the applicant nor the organization shall be granted a permit for a period of one (1) year from the date of revocation.

(Ord. No. 2196, § 3(Exh. A(3)), 9-1-09)