Chapter 5.34
FOOD TRUCK VENDING
Sections:
5.34.03 Health and sanitation requirements.
5.34.04 Permit to operate on private property.
5.34.05 Operational requirements.
5.34.06 Additional rules for food truck vendors on public rights-of-way.
5.34.07 Additional rules for food truck vendors on private property.
5.34.08 Supplemental regulations.
5.34.01 Definitions.
For purposes of this chapter, the following definitions apply:
“Administrative use permit” shall reference permits issued by the City of Clovis as outlined in Chapter 62 of Title 9.
“City” means the City of Clovis.
“Code” means the Clovis Municipal Code and all codes incorporated therein by reference.
“Food” shall be as defined in Health and Safety Code Section 113781 or any successor provision.
“Food facility” shall be as defined in Health and Safety Code Section 113789 or any successor provision.
“Food truck” means a mobile food facility as defined in Health and Safety Code Section 113831 or any successor provision and any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared food or foodstuffs of any kind that parks at one or more locations within the City. A food truck shall also include any trailer or wagon equipped and used as described in this definition and pulled by a vehicle.
“Food truck permit” or “permit” means the administrative use permit or temporary use permit issued to a property owner or lessee with authority allowing food trucks to operate on private property pursuant to this chapter.
“Food truck vendor” or “vendor” means an individual or business responsible for or utilizing a food truck to sell, offer for sale, or distribute food.
“Hand washing facility” means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap, and single-use towels, as further defined in Health and Safety Code Section 114359.
“Health Officer” shall be as defined in Health and Safety Code Section 111015.
“Old Town special event” shall be as defined in Section 5.20.03.
“Special event” means any outdoor event designated for the exclusive use of the event organizer utilizing public areas, including streets and parking lots temporarily closed by the City Council or Clovis Police Department, and including those events approved pursuant to Section 10.2.04.
“Temporary use permit” shall reference permits issued by the City of Clovis as outlined in Chapter 60 of Title 9.
“Toilet facility” means a fixture maintained with a toilet room for the purpose of defecation or urination or both, as further defined in Health and Safety Code Section 114359.
“Vend” or “vending” means to offer for sale or distribution. (§ 1, Ord. 19-16, eff. January 1, 2020)
5.34.02 Taxes.
(a) Business tax certificate. All food trucks operating in the City shall obtain a business tax certificate pursuant to Chapter 1 of Title 3. No business tax certificate shall be issued without evidence that the vendor has obtained all permits required by this chapter. The original of the City business tax certificate, health permit, and any permit required by this chapter shall be displayed conspicuously at all times on the food truck.
(b) Old Town Clovis taxes and assessments. Food trucks operating in Old Town Clovis shall be subject to the same taxes and assessments as permanent businesses located in Old Town Clovis. The boundaries of Old Town Clovis shall be considered the outside maximum boundaries set forth in Section 5.20.03(a). (§ 1, Ord. 19-16, eff. January 1, 2020)
5.34.03 Health and sanitation requirements.
Vendors shall obtain a health permit from the Fresno County Health Officer. The health permit shall be displayed conspicuously at all times on the vendor’s vehicle. Evidence of a health permit shall be made available to the Finance Department as part of the business tax certificate application or renewal. (§ 1, Ord. 19-16, eff. January 1, 2020)
5.34.04 Permit to operate on private property.
(a) Permit required. No food truck shall operate on private property without a food truck permit issued to the property owner or a lessee. A food truck permit shall be either a temporary use permit for events less than thirty (30) continuous days or an administrative use permit for all other situations.
(b) Single event permits. The City may issue a temporary use permit for events less than thirty (30) continuous days, for a single event. A single event permit may only be issued for exclusively residentially zoned districts once per year. Other zoned areas may have a maximum of four (4) single event permits issued per year.
(c) Private events. Food truck permits are not required for food trucks operating for a one-day private event or party located either on the site of the event or in the public right-of-way with no retail sale to the general public and no admission charge to the event. (§ 1, Ord. 19-16, eff. January 1, 2020)
5.34.05 Operational requirements.
All food truck vendors are subject to the following conditions:
(a) No food truck shall locate within fifty feet (50') of any street or roadway intersection, crosswalk, fire hydrant, signal crossing, or bus stop.
(b) No food truck shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property.
(c) No vendor shall sell food and beverage items not regulated under the California Retail Food Code (California Health and Safety Code Division 104, Part 7, Section 113700 et seq., as it currently exists or may be amended).
(d) No vendor shall locate their operation in such a way that would restrict accessibility routes and curb cuts.
(e) No vehicle shall roll up onto the sidewalk or cause traffic to block and be delayed.
(f) No driveways, parking lots, or private property can be occupied by a vendor without written permission from the property owner or lessee.
(g) No vendor shall locate their operation in such a way that would restrict trash enclosures.
(h) No vendor shall locate their operation in such a way that would restrict required off street parking and parking meters.
(i) No vendor shall conduct business with customers in moving cars.
(j) Vendors must provide a visible trash receptacle for use by customers.
(k) The vendor shall regularly pick up, remove and dispose of all trash or refuse from their operation that remains within two hundred feet (200') of the vendor’s position. Regularly means not less than every one hour. For vendors that operate less than one hour at a location, the vendor shall pick up, remove and dispose of all trash or refuse prior to leaving the location.
(l) No vending shall occur between the hours of 10:00 p.m. and 7:00 a.m. and no overnight parking shall be permitted. Through the administrative use permit or temporary use permit process, the Director may require shorter hours of operation or allow longer hours of operation depending on the type of vending and location.
(m) No vendor shall operate more than two hundred feet (200') travel distance of an approved and readily available toilet and hand washing facility to ensure that restroom facilities are available to the food truck permit holder and any of its employees whenever operating for more than a one-hour period.
(n) No vendor shall vend within three hundred feet (300') of an Old Town special event or other designated special event for one hour before or after the reserved event time, unless the vendor is approved by the event’s sponsor to participate in the event.
(o) Vendors shall not vend at Centennial Plaza.
(p) Vendors shall not use City utility connections, including water and electric, without prior written approval from the City.
(q) Vendors shall not leave items unattended or stored on public property.
(r) All vendors shall comply with the California Vehicle Code and California Health and Safety Code.
(s) Food trucks may not operate in an exclusively residentially zoned district in the City, except for private events as provided for in Section 5.34.04(c) or as exempt under Section 5.34.04(b).
(t) Vendors shall not operate in an unsafe manner, including, but not limited to, impeding on- or off-site vehicle circulation and obstructing the view of pedestrians by motorists.
(u) Vendors may not sell non-food accessory retail items that exceed ten percent (10%) of the average annual gross receipts of sales from the food truck. Non-food accessory retail items may not occupy more than ten percent (10%) of the food truck space devoted to preparation and sales. If the business is a new business, the gross receipts shall be calculated by considering the vendor’s estimated annual gross receipts for the first year of operation. “Gross receipts” shall mean the total amount of revenue derived from activities conducted on or within the food truck.
(v) No vendor shall locate within three hundred feet (300') of any other vendor operating during the applicable vending hours specified in this chapter, except that the food truck permit may allow for smaller groupings of food trucks on a single parcel of property. (§ 1, Ord. 19-16, eff. January 1, 2020)
5.34.06 Additional rules for food truck vendors on public rights-of-way.
(a) No food truck shall vend in any one location on a public street for more than ten (10) minutes in any two (2) hour period. “Location” for purposes of this section shall mean a radius of five hundred feet (500') from the original position of the food truck.
(b) No food truck shall locate within five hundred feet (500') of a freeway entrance or exit.
(c) No food truck shall locate within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone.
(d) The vehicle shall be legally parked and shall not stop, stand, or park in any clear vision triangle or no parking zone.
(e) Vehicles shall not occupy more than two on-street parking spaces in the public right-of-way in commercial zones.
(f) Vendors shall limit food and beverage service to that side of the food truck facing away from the street.
(g) No vendor shall locate within three hundred feet (300') of the grounds of any elementary or secondary school on any school day while school is in session; this restriction does not apply to an event at a school facility if the vendor is in partnership with the organization conducting the event and is located on the site of the event.
(h) Vendors shall indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with operation of the food truck on City right-of-way, regardless of fault, unless the injuries or damages are the result of City’s sole negligence or willful misconduct.
(i) Vendors shall maintain, at their sole cost and expense, liability insurance in the amount of not less than two million and 00/100ths dollars ($2,000,000.00) per occurrence, four million and 00/100ths dollars ($4,000,000) aggregate, covering liability associated with operation of the food truck. Vendors shall also maintain, at their sole cost and expense, automobile insurance in the amount of not less than one million and 00/100ths dollars ($1,000,000.00) commercial auto liability coverage. The insurance shall be in full force and effect at any time the vendor is operating in the City. Prior to operations, the vendor shall deliver or have on file with the City a certificate of insurance which includes all required coverages, endorsements, and names the City of Clovis as additionally insured and as the certificate holder. The City’s Risk Manager shall verify coverages. (§ 1, Ord. 19-16, eff. January 1, 2020)
5.34.07 Additional rules for food truck vendors on private property.
(a) Vendors shall obtain written authorization to operate the food truck from the property owner, or a lessee with authority.
(b) Food trucks shall operate as follows:
(1) Within a level parking area, where it can be demonstrated that any off-street parking spaces located in that area are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of a business or activity that is operating at the same time as the food truck.
(2) Operations shall not impede pedestrian or vehicular ingress or egress through the remainder of the parking area or adjacent public right-of-way.
(3) Vendors shall not use or permit use of parking spaces on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the Director of Planning and Development Services.
(4) Vendors shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours. (§ 1, Ord. 19-16, eff. January 1, 2020)
5.34.08 Supplemental regulations.
The City Manager and approved designees are hereby authorized to adopt supplemental rules and regulations, and to develop all related forms and/or other materials, reasonably necessary to implement this chapter, and to make such interpretations of this chapter as they may consider necessary to achieve the purposes of this chapter. Violations of supplemental rules and regulations shall be considered violations of this chapter. (§ 1, Ord. 19-16, eff. January 1, 2020)
5.34.09 Violations.
(a) Fines and penalties. Violations of this chapter or the conditions in a food truck permit shall be subject to the penalty and enforcement provisions of the municipal code, including, but not limited to, Chapters 2 and 7 of Title 1 and Chapters 27, 28, and 29 of Title 5.
(b) Revocation and suspension. In addition to the grounds for suspending or revoking a food truck permit, the City may suspend for up to thirty (30) days or revoke any food truck permit issued under this chapter when any one or more of the following grounds are found to exist:
(1) Violation of this chapter or provisions of a food truck permit.
(2) Violation of local, State, or Federal law in connection with vendor activity.
(3) When a vendor’s permit was issued under fraudulent circumstances or mistake.
(4) When necessary to protect the public health, safety, or welfare.
(c) Confiscation. In connection with suspension or revocation of a food truck permit or violations of this chapter, the City may confiscate property used in connection with vending upon a determination that confiscation of the property is necessary to protect the public health, safety, or welfare.
(d) Procedures. The following procedures shall apply for suspensions, revocation, and confiscation:
(1) Prior to revocation or suspension of a permit and/or confiscation of property, the City shall provide written notice to the vendor stating the reasons for the action by personal notice or certified mail.
(2) The notice shall provide information on the appeal process and explain that a suspension may lead to a permanent revocation of the permit.
(3) Unless immediate suspension and/or confiscation is necessary to protect the public health, safety, and welfare, prior to taking final action the City shall afford the vendor, and vehicle owner when applicable, an opportunity for an appeal hearing pursuant to the procedures set forth in Article 2 of Chapter 28 of Title 5. For immediate suspensions and/or confiscations, the appeal hearing, if requested, shall be held within ten (10) business days after the filing of the appeal.
(4) If an appeal is filed, the hearing officer may permanently revoke the permit, reinstate the permit, conditionally reinstate the permit, or modify the suspension, based upon findings related to circumstances described in this section. The hearing officer shall also make appropriate findings regarding any confiscation. (§ 1, Ord. 19-16, eff. January 1, 2020)
5.34.10 Severability.
If any article, section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (§ 1, Ord. 19-16, eff. January 1, 2020)