CHAPTER 12E
FOOD-SHARING EVENTS ORDINANCE
12E.1 Definitions.
For the purpose of this Chapter, certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it shall be apparent from their content that a different meaning is intended:
a. “City-owned property” includes municipal parking lots, municipal parking structures, public sidewalks, public rights-of-way, and City parks.
b. “City Park” means any park or open space within City limits that is owned by the City and under the management of the Fairfield Public Works Department.
c. “Food-sharing event” means a planned, organized, or advertised gathering in which meals that were prepared off-site in such an amount that service can only be accomplished by more than one server are distributed to any member of the public at no cost or for a nominal charge. “Food-sharing event” does not include:
i. “special events” and “major special events” regulated under Chapter 12A;
ii. “temporary events” regulated under Chapter 25;
iii. family reunions, picnics, and other exclusive social gatherings; or
iv. farmers’ markets and other events or activities where commercial food distribution takes place.
d. “Permittee” shall mean any person, organization, or other affiliated group that has been issued a food-sharing event permit. (Ord. No. 2017-05, § 1.)
12E.2 Permit Required.
It is unlawful for any individual, organization, or affiliated group to organize, sponsor, or conduct a food-sharing event on City-owned property without a food-sharing event permit when one is required under this Chapter. (Ord. No. 2017-05, § 1.)
12E.3 Administrative penalties.
An administrative citation may be issued for a violation of this Chapter. Administrative penalties shall be in the amount established by resolution by the City Council, consistent with Chapter 1, section 1.12 of this Code. (Ord. No. 2017-05, § 1.)
12E.4 Application procedure.
Any person or organization that desires to organize, sponsor, or conduct a food-sharing event on City-owned property must submit an application for a food-sharing event permit and complete the following requirements:
a. File the food-sharing event permit application with the Police Department not less than ten (10) days before the date on which the food-sharing event is to occur;
b. Agree to indemnify, hold harmless, and defend the City from claims arising from negligent acts, omissions, or reckless or willful conduct of the permittee or permittee’s employees, agents, or volunteers related to the permittee’s activities pursuant to the permit;
c. Agree as a condition of the permit to collect, remove and properly dispose of all packaging, food waste, and all other materials and supplies used for the event; and
d. Provide a refundable cleaning and damage deposit and agree to reimburse the City for the costs of cleaning and repairs in excess of the deposit. The deposit shall be in the amount set for the cleaning and damage deposit for use of picnic sites by the Parks and Recreation Department fee schedule. (Ord. No. 2017-05, § 1; Ord. No. 2017-18, § 1.)
12E.5 Grounds to deny permit.
The Chief of Police or his or her designee shall issue a permit pursuant to this Chapter unless any of the following occur:
a. The applicant fails to complete the permit application, or information contained in the application is found to be false in any material detail.
b. The applicant fails or refuses to indemnify the City for any claims that may arise from the permittee’s activities in relation to the permit.
c. The applicant has failed to comply with Solano County regulations applicable to food preparation and distribution at a prior food-sharing event.
d. The applicant has been found to have violated the terms of a prior permit or this Ordinance.
e. The applicant fails or refuses to provide the required cleaning and damage deposit, or failed or refused to reimburse the City for the costs of cleaning or repairs in excess of the deposit following a prior food-sharing event.
If a permit is denied, written notice of the grounds for denial shall be sent to the applicant within fifteen (15) days of submission of the application. (Ord. No. 2017-05, § 1; Ord. No. 2017-18, § 2.)
12E.6 Event regulations.
A permittee, as a condition of their permit, must comply with the following when conducting a food-sharing event on City-owned property:
a. Permittee shall be prepared to show proof of a valid permit issued pursuant to this Chapter upon request by any police officer or code enforcement officer of the City.
b. Permittee shall comply with all applicable Solano County regulations relating to food preparation and distribution.
c. Permittee shall not conduct a food-sharing event in a manner that prevents or interferes with normal use of public streets, sidewalks, rights-of-way, or parks.
d. Permittee shall not conduct a food-sharing event in any municipal parking lot or parking structure.
e. Permittee shall not conduct a food-sharing event between the hours of sunset and sunrise of the following day.
f. No permittee shall conduct more than one (1) food-sharing event per month, regardless of location. No location shall host more than one (1) food-sharing event per month.
g. Immediately following the completion of a food-sharing event, the permittee shall use best efforts to remove or cause the removal of all trash, debris, and other waste generated by the service or distribution of food, such that the event site is cleaned and restored to the same condition as existed prior to the event. If the site is not properly cleaned or restored, the City may retain part or all of the permittee’s deposit to cover the actual costs of cleaning and repairs, including the cost of staff labor. If such costs exceed amount of the deposit, the City may bill the permittee the balance.
h. No food-sharing event shall be permitted to last more than three (3) hours in duration. (Ord. No. 2017-05, § 1; Ord. No. 2017-18, § 3.)
12E.7 Revocation of Permit.
Any permit granted pursuant to the provisions of this Chapter may be revoked by the Chief of Police for any violation of this Chapter, any applicable provision of the Fairfield City Code, or laws and regulations of Solano County or the State of California.
Such revocation shall be made only after written notice of the City’s decision to revoke has been provided and upon a hearing granted to the holder of the permit so revoked as specified in this Chapter. A permittee may not sponsor or conduct the food-sharing event once written notice of the permit revocation has been issued. (Ord. No. 2017-05, § 1.)
12E.8 Appeal Procedure.
a. A permittee may appeal the issuance of an administrative citation pursuant to the procedure set forth in Chapter 1, section 1.16 of this Code.
b. An applicant or permittee aggrieved by the denial of a permit, a permit revocation, or a bill issued pursuant to section 12E.6(g), may appeal by filing a notice of appeal with the city clerk within ten (10) days of receiving notice of such decision. The notice of appeal shall describe the reason why the decision should be reversed or modified. The applicant or permittee shall be entitled to a hearing pursuant to the provisions of this Chapter.
c. Any hearing pursuant to this Chapter shall be undertaken or held by the Chief of Police or his or her designee (“Hearing Officer”).
d. A hearing before the Hearing Officer shall be set for a date that is not more than thirty (30) days from the date that the request for hearing is filed. The person requesting the hearing shall be notified in writing of the time and place set for the hearing.
e. In conducting such hearings the Hearing Officer shall not be bound in the conduct thereof by the common law or statutory rules of evidence and procedure, but inquiry shall be made in the matter, through oral testimony and records, which is best calculated to ascertain the substantial rights of the public and parties. The Hearing Officer shall ensure an audio or video recording of the hearing is made.
f. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision containing findings of fact. The written decision shall be prepared and mailed to the appellant within ten (10) days of the conclusion of the hearing and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be final and conclusive. The decision shall inform the appellant of the right to seek judicial review of the decision.
g. If the Hearing Officer determines that a denial of an application for a permit should be reversed, the Hearing Officer’s written decision shall direct City staff to issue a permit consistent with the Hearing Officer’s findings.
h. If the Hearing Officer determines that a revocation of a permit should be reversed, the Hearing Officer’s written decision shall direct City staff to reinstate the permit consistent with the Hearing Officer’s findings.
i. An appellant may seek judicial review of the Hearing Officer’s decision in Superior Court in accordance with California Code of Civil Procedure Section 1094.5. (Ord. No. 2017-05, § 1; Ord. No. 2017-18, §§ 4, 5.)