Woodlake Municipal Code Ch. 5.33 Mobile Vendors

Footnotes:

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Editor's note— Ord. No. 622, adopted January 13, 2020, amended Ch. 5.33 in its entirety to read as set out herein. Former Ch. 5.33, §§ 5.33.010—5.33.080 pertained to similar subject matter and derived from Ord. No. 595, § 2, adopted December 14, 2015.

The general purpose of this chapter is to promote the health, safety, comfort, convenience, prosperity and general welfare of the citizens, businesses and visitors of the city by requiring that mobile vendors provide the community and customers with a minimum level of cleanliness, quality, safety and security. It is the purpose and intent of the city council in enacting this chapter, to provide mobile vendors with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.

(Ord. No. 622, § 2, 1-13-2020)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"Administrator" means the city administrator or his or her designee.

"City" means the City of Woodlake.

"Mobile vendor" shall mean any person engaged in the business of selling prepared, pre-packaged or unprepared, unpackaged food or foodstuffs of any kind, goods, wares, merchandise, or any other thing of value from a mobile vending unit on private or public property.

"Mobile vending unit" shall mean any vehicle or motorized food wagon; not affixed to a permanent foundation, which may be moved from one place to another under its own power or by other means.

"Park" means a public park owned or operated by the city.

"Person" means any natural person, firm, association, organization, partnership, joint venture, business trust, corporation, or company but is not limited to, owners, operators, drivers, lessors and lessees of a mobile vending unit.

"Vend" or "vending" shall mean the sale of prepared, pre-packaged or unprepared, unpackaged food or foodstuffs of any kind, goods, wares, merchandise, or any other thing of value from a mobile vending unit on private or public property.

(Ord. No. 622, § 2, 1-13-2020)

No person shall engage in mobile vending without first obtaining a business license pursuant to Chapter 5.04 and this chapter.

No person may vend in the city without first obtaining and having in his or her possession a vendor permit issued by the city in accordance with this chapter. No permit granted herein shall confer any vested right to any person or business for more than the permit period. All mobile vendors subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter.

(Ord. No. 622, § 2, 1-13-2020)

A. An application for a mobile vending permit shall include the following information:

1. The applicant's name, current mailing address, and telephone number;

2. A copy of a valid California's driver's license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by Government Code section 51038(c)(4);

3. Legal names of the mobile vendor and all persons operating or vending out of the mobile vending unit;

4. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;

5. Proof of current vehicle registration and proof of automobile insurance as required by the Vehicle Code;

6. A description of the merchandise to be offered for sale and any vending equipment to be used (including the dimensions or other conveyances); four photographs (showing different exterior views) of each mobile vending unit; dimensioned sample or rendering of proposed signage;

7. A copy of a valid California Department of Tax and Fee Administration seller's permit, as required;

8. If a vendor of food, proof of all required approvals from the Tulare County Department of Public Health;

9. A description, map, or drawing of the location(s) in which the applicant proposes to operate;

10. A statement of the days and hours of proposed vending operations, and whether the mobile vendor intends to operate as a stationary vendor or a roaming vendor;

11. Proof of comprehensive general liability insurance documents issued by an insurance company authorized to do business in the state of California evidencing that the operator is insured under a liability insurance policy providing minimum coverage of one million dollars ($1,000,000.00) for injury or death arising out of the operation of the mobile vending unit.

12. An agreement by the applicant to indemnify and hold harmless the city, its officers and employees, for any damage or injury caused to the city as a result of the sidewalk vending conduct or activity;

13. The applicant's certification that, to his or her knowledge and belief, the information contained in the application is true; and

14. Such other information as the administrator deems necessary for the administration or enforcement of this chapter as specified on the required application form.

B. A person desiring to engage in a mobile vendor operation shall submit a written application for a permit to operate in a form acceptable to and with all supporting information required by the city planning department. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as established by resolution of the city council.

C. The planning commission shall be the decision-making authority for any initial application of a permit to operate.

(Ord. No. 622, § 2, 1-13-2020)

A. An application may be denied or renewal on the following grounds:

1. The proposed vending operation, including the equipment to be used by the vendor, fails to comply with all applicable health, zoning, fire, building and safety laws of the State of California or of the City of Woodlake.

2. The applicant has knowingly made a false, misleading, or fraudulent statement of material fact in the application.

3. The applicant is unable to obtain a business license.

4. Failure to obtain clearance from Tulare County Environmental Health.

5. Failure to maintain or provide the city with evidence of the insurance required by this chapter.

6. Failure to provide the city with a signed indemnification agreement in favor of the city.

7. Failure to fully comply with any provision of this chapter or any applicable laws and permit conditions.

8. The applicant has had a license issued pursuant to this chapter revoked within the preceding twelve (12) months or had a permit to operate, vending license or similar permit suspended or revoked in another California jurisdiction.

9. The applicant is indebted to the city for any unpaid fee or fine.

(Ord. No. 622, § 2, 1-13-2020)

A. A mobile vending license shall be valid for one year after the date of issuance, unless it is revoked prior to that date in accordance with the provisions of this chapter.

B. Each sidewalk vendor who seeks to renew a license pursuant to this chapter shall submit a renewal application on a City-approved form and tender any applicable fees to the Administrator no later than thirty (30) calendar days prior to the expiration of the vendor's current license. Unless timely renewed, any license issued pursuant to this Chapter shall expire and become null and void at the end of its term.

C. An application to renew a license issued pursuant to this chapter may be denied by the administrator or designee upon the grounds set forth in Section 5.33.050.

(Ord. No. 622, § 2, 1-13-2020)

A sidewalk vending license shall not be transferable to any person or be valid for vending operations in any location(s) other than that location designated on the license for the term stated.

(Ord. No. 622, § 2, 1-13-2020)

A sidewalk vending license shall not be required for the following activities:

1. Events conducted in accordance with a special event permit, including but not limited to a certified farmers' market, swap meet, street fairs, outdoor concerts,

2. Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale.

(Ord. No. 622, § 2, 1-13-2020)

A. Location. Mobile vendors may only operate in city approved mobile vending locations. These vending areas will be selected and approved by the city planning commission but may be timely appealed to the city council.

1. Vendors shall not interfere with access, driveways, aisles, circulation or fire lanes and hydrants.

2. The mobile vendor shall display, in plain view and at all times, current permits and licenses.

3. While vending, drive wheels of the mobile vending unit shall be chocked in such a manner as to prevent movement.

4. Permitted hours of operation are from 7:00 p.m. to 11:00 p.m. or as specified in an agreement with the city administrator or designee.

5. Upon or within any roadway, median strip, or dividing section; or

6. On private property without the consent of the property owner and a city issued permit.

7. Within two hundred (200) feet of another vendor.

8. Mobile vendors shall not operate within residential zones between the hours of 9:00 p.m. and 9:00 a.m. and shall not operate on any city block for more than one hour in any four hour period.

B. Within the approved mobile vending locations, the mobile vendor will be subject to the following conditions:

1. Maintain and ensure compliance with all state and local permits necessary for the proposed vending operation;

2. All mobile vendors operating a mobile food facility as defined by the Health and Safety Code shall operate out of a commissary pursuant to Health and Safety Code Section 114295.

3. All mobile vendors operating a mobile food facility as defined by the Health and Safety Code shall comply with Health and Safety Code Section 114315 regarding the availability of adequate toilet and handwashing facilities for use by food service personnel.

4. Keep the information furnished to the city under Section 5.33.040(A) current;

5. Carry a license issued pursuant to this chapter at all times when operating in the city, and present the license for inspection at the request of any city staff member or law enforcement officer;

6. Maintain an unobstructed pedestrian access route at vending locations that is clear of any vending equipment or public obstructions including, but not limited to, street trees, news racks, bus benches, and curb lines.

7. Ensure that vending operations are not blocking the entrances to any buildings, driveways, or vehicle parking spaces;

8. Ensure that equipment used in connection with sidewalk vending operations are not stored or left unattended in public spaces or in any portion of the public right-of-way. (Equipment or objects left in public spaces or in the public right-of-way overnight, or outside the hours of permitted vending operations, will be considered discarded and may be seized or disposed of by the city);

C. The following sanitation and appearance of site conditions apply:

1. No tables, chairs, fences, shade structures or other site furniture, (permanent or otherwise) or any free-standing signs shall be permitted in conjunction with the mobile vendor.

2. Exterior storage of refuse, equipment or materials associated with a mobile food facility is prohibited.

3. The mobile vending unit shall be entirely self-sufficient in regards to gas, water, electric and telecommunications. Should any utility hook-ups or connections to on-site utilities be used or required, the mobile vendor shall be required to apply for appropriate permits or receive approval by the appropriate city department to ensure building and public safety and consistency with applicable building and zoning regulations.

4. The mobile vendor shall not discharge items onto the sidewalk, gutter, storm drainage inlets or streets.

5. Maintain vending operations in sanitary condition, including ensuring proper disposal of any trash produced as a result of said operations. (Vendors must operate with their own trash containers to allow the proper disposal of trash, food, or liquids generated by their operations.)

D. The following safety and security conditions apply:

1. No vending shall be permitted except after the mobile vending unit has been brought to a complete stop and parked in a lawful manner.

2. The mobile vendor shall install signage in a visible location on the mobile vending unit indicating that loitering is not permitted.

3. The mobile food vendor shall enforce the no loitering rule.

4. On-Street Operation. Pursuant to Vehicle Code Section 22455, a mobile vendor may stop to conduct business from a mobile food facility at a location within the right-of-way of a public street within the city only when all of the following conditions are satisfied:

i. The mobile food facility shall not constitute an encroachment on the highway.

ii. The mobile food facility must be safely parked:

1. At least one hundred (100) feet from any intersection, including intersections with public alleys;

2. Where the applicable speed limit is thirty-five (35) mph or slower;

3. In such a manner that travel upon the street, vehicular access to any driveway, the view of drivers, or lawful movement of any vehicle on the public right-of-way is not impeded or obstructed;

4. In such a manner that patrons are not permitted to do business with the mobile vendor from their vehicles;

5. In such a manner that patrons of the mobile food facility may safely park on the same side of the road as the mobile food facility and walk to and from the mobile food facility using a sidewalk or other area away from the vehicular right-of-way; and

6. In such a manner that the window for patrons is on the side of the mobile food facility away from traffic.

E. Off-Street Operation. A mobile food facility may be parked for conducting business at a location off the public street only when all of the following conditions are satisfied:

1. The mobile food facility must be safely parked at least twenty (20) feet from the paved edge of the nearest public vehicular right-of-way and;

2. The mobile food facility as parked must not to impede or obstruct the view of drivers on any public road;

3. Patrons of the mobile food facility must not be permitted to transact business with the mobile vendor from their vehicles;

4. Patrons of the mobile food facility must be able to safely park on the same side of the road where the mobile food facility is parked and walk to and from the mobile food facility using a sidewalk or other area which is not part of the public vehicular right-of-way; and

5. The window or other service area for patron transactions must be located on the side of the mobile food facility which faces away from vehicular traffic on the nearest public vehicular right-of-way;

6. Do not affix, lean, or touch any mobile vending equipment to, on, or against any street fixture or structure, including, but not limited to utility posts, bus shelters, public trash cans, parking meters, or street signs;

7. Ensure that mobile vending equipment does not physically alter or otherwise damage the underlying sidewalk or road.

F. All mobile vendors must abide by the following:

1. Do not solicit any individual who has expressed a desire not to be solicited;

2. Do not come into physical contact with any member of the public, without first receiving express permission;

3. Do not threaten any injury or damage to any member of the public who declines to be solicited;

4. Do not use any horns, music, lights, visual media, or any sound amplifying device unless expressly approved in the vending license;

5. Do not sell or offer for sale lottery tickets, alcohol, cannabis, adult oriented material, tobacco or electronic cigarette products, or any living animals.

(Ord. No. 622, § 2, 1-13-2020)

A sidewalk vendor license may be revoked after the licensee is afforded written notice and an opportunity to be heard respecting a citation for the licensee's fourth or subsequent violation of the requirements set forth in this chapter.

(Ord. No. 622, § 2, 1-13-2020)

A. A violation of this chapter is not punishable as an infraction or misdemeanor, a violation of this chapter is punishable only by an administrative fine. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Woodlake Municipal Code Section 1.12.070.

B. Persons cited more than three of more violations within a twelve (12) month period may also be subject to suspensions, permit modifications, permit revocation, or other forms of abatement actions by the city that are otherwise permitted by state and local law.

C. Persons cited for violating this chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Section 1.12.120.

(Ord. No. 622, § 2, 1-13-2020)