Chapter 5.57
SALES FROM A MOTOR VEHICLE

Sections:

5.57.100    Sales from a motor vehicle.

5.57.100 Sales from a motor vehicle.

A. Permit Required. The Municipal Code of the city of Bell Gardens provides for licensing and/or permit procedure for the conduct of certain business activities. This subsection does not repeal nor amend those provisions for the lawful conduct of business activities when properly licensed or permitted. This subsection does not intend nor is it meant to prohibit, prevent or hinder activities of political, economic, religious or sociological ideas when such activities are noncommercial. The city shall issue up to 15 permits for sales from a motor vehicle.

The city council finds and determines that the use of its public streets, sidewalks, rights-of-way and other public property is essentially for public purposes. Further, there is no vested right to do commercial business upon public streets, sidewalks, rights-of-way and other public property. The purpose and intent of this subsection is to further clarify the regulation of the sale of goods, merchandise and/or food from a motor vehicle in addition to the existing provisions of this code. It is the intent and purpose of this subsection to clearly state that the regulations shall apply to all operations involving the selling of goods, merchandise and/or food from a motor vehicle wherever and however situated in the city.

The sale of goods, merchandise and/or food from a motor vehicle is transient in nature and is not allowed at a permanent location on premises within the city. It is further found that because of the mobility of a motor vehicle from location to location, vendors selling goods, merchandise and/or food from a vehicle often avoid normal zoning and building permit regulations and thereby render such regulations unenforceable.

B. Regulations. It is unlawful for any person to sell or offer for sale, or operate any motor vehicle or conduct any business for the purpose of causing the sale of goods, merchandise and/or food from any motor vehicle parked, stopped, or standing upon any private property, public street, alley, parkway, sidewalk or other public property in the city of Bell Gardens except in accordance with all applicable provisions of this section and in compliance with each of the following requirements:

1. All vendors and operators shall keep and maintain their equipment in a neat, clean and safe condition and shall conduct all vending operations in a neat, orderly, safe and sanitary manner.

2. All sales activities shall:

a. Be conducted at a distance of more than five feet from any public or private building or the property line of any business premises and at a distance of at least 10 feet from any entrance to any public or private building or business premises;

b. Not be permitted for a period of time in excess of one hour per 12-hour period at any one location. Any such motor vehicle must be moved a distance of not less than 200 feet between consecutive stops at which sales and/or service activities occur; and

c. Not be located within 100 feet of the nearest part of the street entrance to any stationary or fixed restaurant, cafeteria, lunch counter, or other eating facility dispensing victuals; provided, however, that if said stationary or fixed facility is not directly accessible from the street, the 100-foot distance shall be measured from the nearest part of the street entrance to the building or property which is the nearest entrance to the eating facility open and available to the public.

3. No sales activity shall be conducted in a manner which disturbs, accosts, confronts, harasses, badgers or annoys any person.

4. It is unlawful for any person to sell or offer for sale any goods, merchandise and/or food from any motor vehicle pursuant to this code unless such person possesses at all times while conducting such commercial business upon his or her person an unexpired and unrevoked business permit issued pursuant to this code.

5. It is unlawful for any person to stop, stand or park a catering truck upon any street for the purpose of dispensing victuals under any circumstances in violation of stopping, standing or parking prohibitions or restrictions either shown by signs or curb markings or as otherwise provided by the State Vehicle Code or the health, safety, fire, traffic, business or other regulations set forth in this code or state law.

6. No person shall dispense victuals from any portion of a catering truck on any street in any manner which causes any person to stand in that portion of the street which is between the catering truck and the center of the street.

7. Persons who dispense victuals under the provisions of this section may not do so unless at that time they provide or have available, in a conspicuous place in the immediate vicinity of the catering truck, a litter receptacle which is clearly marked with a sign requesting its use by patrons.

8. After dispensing victuals at any location, a catering truck operator, prior to leaving the location, shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed from the catering truck, including any packages or containers, or parts of either, used with or for dispensing the victuals.

9. The city council may restrict the operation of catering trucks in any public right-of-way by resolution after a public hearing.

C. Penalty. Any person who violates any of the provisions of this section shall be deemed guilty of an infraction which shall be punishable as follows:

1. For a first offense, a fine not exceeding $100.00;

2. For a second offense within a period of 12 consecutive calendar months, a fine not exceeding $250.00;

3. For each additional violation during the same 12-month period, a fine not exceeding $500.00 for each such additional violation;

4. At the discretion of the city prosecutor, any person who violates this section more than five times may be charged and convicted of a misdemeanor and be punished by a fine not to exceed $500.00, or imprisonment for a term not to exceed six months or both.

This provision does not preclude other methods of enforcement, including, but not limited to, seeking injunctive relief or instituting nuisance abatement proceedings.

D. Exceptions.

1. The city council or designee may issue, upon application, temporary motorized street vending permits to be valid for no more than five days during special public events. Notwithstanding the provisions of this chapter, such temporary permits may authorize sale of nonfood items.

2. The provisions of this chapter shall not apply to persons delivering articles from a store or other fixed place of business or distribution, upon the order of, or by agreement with, a customer. (Ord. 914 § 6, 2021).