Chapter 5.12
MOBILE FOOD VENDORS
Sections:
5.12.010 Requirements for mobile food vendors.
5.12.020 Other vehicle vending prohibited.
5.12.005 Definitions.
For the purpose of this chapter, certain words and phrases shall be construed as herein set forth below:
A. “Mobile food vendor” means any person who is an owner or operator of a mobile vending vehicle.
B. “Mobile vending permit” means a permit for vending from a vehicle issued by the City Planning and Building Director, or designee.
C. “Mobile vending vehicle” means any vehicle, including food trucks, trailers, and lunch wagons, from which fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged.
D. “Owner” means any person, firm, association or corporation having proprietary control of or right to proprietary control of any mobile vending vehicle as defined herein.
E. “Operator” means any person who is operating, preparing food for sale, or engaging in the sale of food from a mobile vending vehicle.
F. “Vehicle” has the same meaning as in California Vehicle Code Section 670. (Ord. 761 § 2 (Exh. A), 2023).
5.12.010 Requirements for mobile food vendors.
Mobile food vendors must be located and operated in accordance with the following provisions:
A. Permitted Vehicles. No person shall vend from a vehicle, except for in a mobile vending vehicle licensed by DMV, and designed and equipped for preparing, cooking and selling food.
B. Permitted Products. No vending shall occur from any vehicle in the City except for the sales of food and nonalcoholic beverages for immediate consumption, from a mobile food vendor in possession of a business license and mobile vending permit for such vending activity from the City. Sale of all other products is prohibited.
C. Licenses and Permits Required. Operators of mobile food vehicles operating in the City shall obtain a business license and mobile vending permit from the City. The owners of any mobile food truck shall be deemed responsible for ensuring that any operator obtains all necessary licenses and permits required for the service of food and beverages, including all required permits from the County Environmental Health Division. The mobile vending vehicle must be in compliance with applicable motor vehicle laws, and the operator must have the appropriate license classification for operating such vehicle.
D. Mobile Vending Permit Issuance and Revocation. As a condition of issuance of a mobile vending permit, an applicant shall be required to demonstrate that they carry automotive and general liability insurance with minimum limits of $1,000,000 per occurrence, in a policy form deemed acceptable by the City Planning and Building Director. Permittees are required to maintain such insurance policies while conducting operations under such permit. As a condition of permit issuance, an applicant shall also sign an indemnity and hold harmless agreement, in a form satisfactory to the City Attorney, agreeing to indemnify, defend, and hold harmless the City, its officers, and employees from any liability, loss, or damage arising out of mobile vending operations. Fees for issuance of a mobile vending permit may be established by resolution of the City Council, and shall be paid prior to permit issuance. A mobile vending permit may be revoked by the Planning and Building Director, after notice to the permittee and an opportunity for hearing, for repeated noncompliance with the provisions of this chapter.
E. Operational Requirements. Mobile food vendors shall operate as follows:
1. Private Property. Mobile vending vehicles may conduct vending on private property in the Community Commercial (CC) and Light Industrial (I) zoning districts only.
2. Public Property. Mobile vending vehicles may conduct vending within the public right-of-way in Community Commercial (CC) and Light Industrial (I) zoning districts only. Mobile food vendors are prohibited from vending in the public right-of-way abutting a parcel with residential occupancy. Mobile food vendors are prohibited from vending on State Highway 128 and State Highway 29 within the City of Calistoga.
3. Special Events. Mobile vending may be permitted in connection with temporary special events regulated by Chapter 5.18 CMC, Special Events.
4. Duration. Vending for each mobile vending vehicle shall be limited to a maximum period of eight hours per day per location, including setup and cleanup.
5. Number. Permit issuance shall be limited to three in any calendar year.
6. Lighting. Mobile vending vehicles must comply with the lighting standards of CMC 17.36.090(D), requiring that lighting is shielded so as not to shine or create glare on any adjacent property.
7. Obstructions. Mobile vending vehicles and their operations, including their customers, seating, and equipment, must not obstruct the right-of-way, including blocking vehicular or bicycle traffic, or otherwise create hazards for vehicle or pedestrian traffic. Operations of mobile vending vehicles, including any tables, trash cans, and other seating or equipment, shall not block accessible paths of travel.
8. Trash, Recycling and Compost. Mobile food vendors shall keep the area near their vehicles free from any litter or debris and shall provide trash, recycling and compost receptacles for customer use on site. All litter generated within a minimum of a 100-foot radius of the site must be collected prior to closure of the mobile food truck operations. Any oil/grease/food debris deposited on streets, sidewalks, or private property shall be cleaned up immediately by the mobile food vendor. Any city costs incurred to remedy nuisance conditions or violations of this provision shall be chargeable to the mobile food vendor, and shall be paid within 30 days. Failure to pay shall be grounds for permit revocation or nonrenewal.
9. Safety. Mobile food vendors shall maintain compliance with all applicable provisions of the California Health and Safety Code, California Retail Food Code, and the Calistoga Municipal Code. Mobile vendors shall not refuel generators or other gas-powered equipment near combustible brush or vegetation, and shall ensure that they operate in locations where there is a minimum of 25 feet of clearance from combustible brush or vegetation in order to maintain adequate fire safety. Cooking or use of any appliance with an open flame outside of a vehicle is prohibited. All electrical appliances, cords and fixtures used by a mobile food vendor shall be in good repair and listed for exterior use. (Ord. 761 § 2 (Exh. A), 2023).
5.12.020 Other vehicle vending prohibited.
All other vending from a vehicle, whether in the public right-of-way or on private property, other than mobile food vending meeting the requirements of CMC 5.12.010, shall be prohibited. (Ord. 761 § 2 (Exh. A), 2023).