CHAPTER 5F
MOBILE FOOD VENDING AND LICENSING
5F.1 Title and purpose.
This Chapter, known as Mobile Food Vending and Licensing, establishes a citywide program regulating mobile food vendor operations on public and private property within the City of Fairfield. These regulations aim to ensure the safety, cleanliness, and convenience of mobile food vending operations while promoting a vibrant and diverse food culture.
This Chapter is also written to comply with stormwater pollution prevention requirements under the San Francisco Bay Region Municipal Regional Stormwater Permit (NPDES Permit No. CAS612008), particularly provisions regulating mobile businesses (Provision C.2.f). (Ord. No. 2025-09, § 2.)
5F.2 Definitions.
Applicant. The individual, group, company, partnership, or other recognized legal entity seeking a Mobile Food Vendor License from the City of Fairfield.
Assembly Area. An indoor or outdoor place where people may gather for any permitted purpose.
Customer. Any person with whom a Mobile Food Vendor conducts business.
Employee. Any person hired or paid compensation by, or any person under contract to, a Mobile Food Vendor.
Food Vending. The business of selling raw or cut fruit, produce, prepared foods and non-alcoholic beverages, and/or prepackaged foods and beverages, where:
1. Food is prepared off-site in a commercial commissary and/or prepared on-site within the Mobile Food Vending Vehicle, per Solano County Health Regulations.
2. Food is ordered and served from a truck, trailer, or other equipment or vehicle as permitted by Solano County Health Department.
3. Fruit and produce are sold to customers without preparation or cooking by a vendor.
4. Food is served to-go or outdoors as part of a sanctioned event.
5. Food is paid for prior to consumption.
Full-Service Restaurant. An establishment serving food and beverages prepared on-site where food orders are taken and delivered at a customer’s seating area.
Group Site or Group Site Food Vending. The stationary operation of two (2) or more Mobile Food Vendors clustered together on a single site and operating at the same time.
Group Site Organizer or Responsible Party. The individual or legal entity who is directly responsible for organizing and/or conducting the Group Site and/or the facility manager, and his or her respective designees.
Limited-Service Restaurant. An establishment serving food and beverages and prepared on-site where customers may order full meals from a walk-up counter for on- or off-site consumption.
Mobile Food Vendor License. The City’s annual or temporary permit required to, place, operate, maintain, or allow Mobile Food Vending within the City of Fairfield city limits.
Mobile Food Vendor Permitted Area. The areas and public rights-of-way that are permitted for a Mobile Food Vendor License.
Mobile Food Vendor Vehicle. Any motorized vehicle such as a truck, trailer or other equipment or vehicle from which Food Vending services are provided, as permitted by Solano County Health Department. Not included in this definition is the preparation of food and serving food outside of a vehicle, typically under a tent, canopy, or from a booth.
Mobile Food Vendor. Any person who is Food Vending from a Mobile Food Vendor Vehicle for immediate service and/or consumption.
Property Owner. The holder of the fee title to property, whether a person, partnership, corporation, or other entity recognized by the law, and lessees, permittees, assignees, or successors in interest.
Public Right-of-Way. Any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk, or other public way operated and/or controlled by the City, or subject to an easement owned by or dedicated to the City.
School. Any public, charter, or private school serving children between kindergarten and high school.
Site. The specific public or private property location, including any Public Right-of-Way, for which an Applicant or Responsible Party has been issued a Mobile Food Vendor License.
Solano County Health Department. The Solano County Department of Resource Management, Environmental Health Division or such other departments of the County of Solano are responsible for licensing of food and enforcement of food health laws.
Stationary. A Mobile Food Vendor Vehicle shall be considered stationary if it remains in a single location for the purpose of Food Vending for more than 6 consecutive hours within a 24-hour period. (Ord. No. 2025-09, § 2.)
5F.3 License Required.
A. Except as may be allowed by a previously granted or by any ordinance or resolution establishing and regulating a street market or farmer’s market in the City, or as permitted for a limited period by a Special Event Permit, it shall be unlawful for any individual, group, or legal entity to operate a Mobile Food Vendor Vehicle in the City jurisdiction without first obtaining a Mobile Food Vendor License as specified in this Chapter.
B. Any individual, group, or legal entity desiring to engage in Food Vending in the City shall first file an application for a Mobile Food Vendor License with Business Licensing pursuant to procedures established in this Chapter.
C. A separate Mobile Food Vendor License shall be required for each Mobile Food Vendor Vehicle.
D. The individual, group, or legal entity desiring to engage in Food Vending shall obtain and maintain all required permits from the City of Fairfield, Solano County Health Department, and other regulatory agencies, including, but not limited to the City’s Building Division, Planning Division, and/or Fire Department permits.
E. A violation of this Chapter may result in the suspension or revocation of a Mobile Food Vendor License and civil penalties. Refer to Section 5F.9 in this Chapter for suspension and revocation procedures. (Ord. No. 2025-09, § 2.)
5F.4 Application Requirements.
Application for a Mobile Food Vending License shall be made by the owner of the affected Mobile Food Vendor Vehicle, or his or her authorized agent, on a form prescribed by the Community Development Department.
Each application for a Mobile Food Vending License shall include:
A. Name, current address, telephone number, and copy of a photo ID of the Applicant.
B. If Applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principle.
C. A description of the food or merchandise offered for sale.
D. A non-refundable application fee.
E. If the proposed location is on private property, written consent in a form approved by the City from the Property Owner (if other than self) permitting the Mobile Food Vendor or Group Site to locate on the property.
F. If the Mobile Food Vendor is Stationary or a Group Site:
1. A map or illustration, showing:
i. The proposed location(s); and
ii. The address and Assessor’s Parcel Number of the subject or nearest parcel, and/or specific section of the Public Right-of-Way in a designated parking space; and
iii. The two (2) nearest street intersections.
2. A site plan for each proposed location, containing:
i. If on a parcel, the location and dimensions of all proposed Mobile Food Vending Vehicles, any public seating or other site amenities (including chairs and tables), buildings or other structures on site, paved areas, driveways, trash receptacles, garages, parking spaces, maneuvering aisles, and pavement striping.
ii. If in the Public Right-of-Way, location and dimensions of the proposed Mobile Food Vending Vehicle, sidewalks, curb cuts, trash receptacles, and obstructions such as parking meters, telecommunication boxes, street trees, and light poles.
3. The proposed schedule for the individual Food Vending Site or Group Site includes dates, and start and end times of the vending period.
G. Photographs of the site(s) and Mobile Food Vendor Vehicle(s); A description of the type of vehicle to be used, the vehicle’s registration and license number, and the Applicant’s California driver’s license number.
H. A copy of Applicant’s valid and current Solano County Health Department Mobile Food Permit.
I. A copy of Applicant’s valid and current City of Fairfield Business License.
J. A California seller’s permit number pursuant to Section 6067 of the Revenue and Taxation Code.
K. A description of the Mobile Food Vendor Vehicle and a copy of current Department of Motor Vehicles Registration.
L. Certification of a food handler course and proof of all required approvals from the Solano County Health Department.
M. A maintenance plan and list of Best Management Practices for cleaning, spill prevention, and waste handling. The maintenance plan must include litter pickup in the vicinity of the proposed vending location or the proposed vending route, as well as the lawful disposal of any liquid or solid waste resulting from the vending operation (including, but not limited to, fats, oil, juice, cooking material, scraps, etc.). The maintenance plan shall also include a description of how any equipment used (including, but not limited to, utensils, containers, grills, etc.) will be cleaned and sanitized.
N. The commercial address where the Mobile Food Vendor Vehicles will be stored and serviced during non-operating hours.
O. The following information shall be provided regarding the commercial kitchen or commissary to be used by the Applicant, if any:
1. Proof of all required approvals from Solano County Health Department; and
2. A valid lease between the Mobile Food Vendor and a commercial kitchen or commissary.
P. Proof of liability insurance in the amount and subject to the terms on file with the City’s risk manager. The City’s risk manager shall promulgate provisions regarding insurance requirements for Mobile Food Vendors and shall be in an amount which is determined to be sufficient to adequately protect the City, persons, and property for injuries or damages which may be caused by activity under this Chapter. Such insurance shall name as additional insured the City of Fairfield, its officers, agents, and employees, and shall further provide that the policy shall not terminate or be canceled without 30 calendar days’ advance written notice to the City of Fairfield.
Q. Any other reasonable information regarding time, place, and manner of the Mobile Food Vendor License that the director of community and economic development or designee requires to evaluate the proposal.
R. Certification by the Applicant that the information contained in the application is true to his or her knowledge and belief. (Ord. No. 2025-09, § 2.)
5F.5 Expiration and Renewal.
A. Initial licenses shall be valid until December 31 of the current year.
B. Licenses shall be renewed on an annual basis. The City of Fairfield shall send notice to the licensee. The licensee shall submit the renewal annually, prior to the license’s expiration date. A licensee may continue operations while an application for renewal is pending with the City of Fairfield. All renewal applications shall be filed with Business Licensing.
C. Applications for renewals shall include all submittal materials as required at initial application, updated as necessary, proof of continuing compliance with health and safety regulations, and payment of the non-refundable renewal fee. Renewal licenses shall be valid for a one-year period beginning January 1. (Ord. No. 2025-09, § 2.)
5F.6 Transferability.
A. A Mobile Food Vendor License cannot be transferred or conveyed from the licensee of record or otherwise assigned to another person.
B. If a Mobile Food Vendor transfers its mobile Food Vending business assets, the recipient of the assets shall, before operating, apply for and obtain a new Mobile Food Vendor License from the City of Fairfield. (Ord. No. 2025-09, § 2.)
5F.7 Operational Standards.
Mobile Food Vendors shall comply with the following standards and conditions:
A. Appearance and condition of the Mobile Food Vending Vehicle.
1. All Mobile Food Vending Vehicles shall clearly display a current City of Fairfield business license, Solano County Health Department permit (and decal), and City of Fairfield Mobile Food Vending License (and decal) in plain view and at all times.
2. Aside from the signage required by subsection (A)(1), no more than 3 signs shall be attached to any Mobile Food Vending Vehicle, with a maximum aggregate display surface of 30 square feet of signage per Mobile Food Vending Vehicle.
3. The regular permitted hours of operation for all individual Mobile Food Vending Vehicle are 7:00 a.m. to 11:00 p.m., daily.
B. Utilities.
1. Mobile Food Vending Vehicles shall either be entirely self-sufficient in regard to gas, electricity, water, and telecommunications, or shall be required to apply for appropriate permits for any utility hook-ups or connections to on-site utilities to ensure building and public safety and consistency with applicable building codes.
C. Refuse, trash, and litter maintenance.
1. The Mobile Food Vending Vehicle or Group Site Organizer shall not throw, deposit, discharge, leave, or permit to be thrown, deposited, discharged, or left, any fat, oil, grease, refuse, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, gutter, storm drain, inlet, catch basin, conduit or other drainage structure, or upon any public or private lot of land in the city.
2. A minimum of one 32-gallon litter receptacle shall be within 15 feet of each Mobile Food Vending Vehicle for customers and employees.
3. Mobile Food Vending Vehicle and Group Site organizers shall maintain the subject site and adjacent Public Right-of-Way free of litter on and within 100 feet radius of their site.
4. At a minimum, all refuse shall be removed from the Mobile Food Vending Vehicle location or Group Site and properly disposed of after each vending period.
5. Failure to adequately clean up after a mobile Food Vending operation date shall be grounds for denying an Applicant’s request for license renewal.
D. Performance standards.
1. Noise levels from Food Vending facilities shall not exceed the city’s noise ordinance standards. Vendors should use low-noise emission generators.
2. Noise and odors from Food Vending facilities shall be contained within the immediate area of the permitted mobile Food Vending location.
3. The Mobile Food Vending Vehicle shall not obstruct pedestrian or vehicular traffic.
4. The Mobile Food Vendor shall maintain site circulation for pedestrians and access consistent with the Americans with Disabilities Act (ADA).
E. Security.
1. The site shall be maintained in a safe and clean manner at all times.
2. Mobile Food Vending Vehicles and Group Sites shall have adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.
F. Seating, chairs and tables for stationary Mobile Food Vending.
1. Depending on site size, configuration and location, a plan for site amenities, including but not limited to tables and chairs, portable restroom facilities, and/or temporary shade structures, may be permitted in conjunction with the operation of a Food Vending site. A site plan depicting the proposed location of any site amenities shall be submitted for review and approval in conjunction with a Mobile Food Vending License application.
2. No part of a Mobile Food Vending Vehicle or any other equipment or furniture related to the operation of the Mobile Food Vending Vehicle shall encroach onto a public sidewalk.
G. Other requirements.
1. Mobile Food Vending Vehicles shall be maintained in operating condition at all times and shall be movable at all times.
2. No Mobile Food Vending Vehicle shall become a permanent fixture on the site or be considered an improvement to real property.
3. The Mobile Food Vendor shall always maintain a valid Solano County Health Department permit. If the permit expires, or is suspended or revoked, then all food sales shall cease until the permit is reinstated.
4. The Group Site Organizer or their representative shall be personally present at all times during group site operations.
5. Proof of liability insurance in the amount required by the City shall be maintained by the Mobile Food Vendor or Group Site Organizer.
6. The posting of the Mobile Food Vending License at the site is required at all times.
7. The Mobile Food Vendor or Group Site Organizer shall have a working telephone where they can be reached directly at all times during Food Vending.
8. The Mobile Food Vendor shall park so that its service window faces the sidewalk and serve customers through its service window.
9. The sale or soliciting the sale of any alcoholic beverages or controlled substances from any Mobile Food Vending Vehicle is strictly prohibited.
10. The Mobile Food Vendor shall comply with all applicable State and local laws, including, without limitation, all traffic and parking laws. (Ord. No. 2025-09, § 2.)
5F.8 Permitted area.
Mobile Food Vending Vehicles and Group Sites shall be subject to the following location requirements:
A. Mobile Food Vending shall only be located in the Mobile Food Vending Permitted Area, and may be located on private property, on publicly owned property, or on the Public Right-of-Way. Food Vending in the street portion of a Public Right-of-Way is restricted. The director of community and economic development or designee is authorized to adopt a Mobile Food Vending Permitted Area Map and make amendments or correct administrative errors to such maps. Any additional location requirements, as determined by the director of community and economic development or designee is also authorized to adopt any additional location requirements in addition to the requirements described in this Chapter.
B. A location for a Mobile Food Vending Vehicle or Group Site shall not be permitted:
1. 100 feet from another Mobile Food Vending Vehicle or Group Site, unless permitted to operate at designated street Public Right-of-Way, or are permitted to operate on different days of the week from the same location.
2. Within 1000 feet from the parcel boundary of a school serving children between kindergarten and high school between the hours of 7 a.m. and 6 p.m. Monday through Friday as per the Administrative Guidelines.
C. Mobile Food Vending Vehicle or Group Sites also cannot block or impede access to:
1. Required parking or driveways
2. Bicycle racks
3. Signal crossings
4. Required off-street parking
5. Parking meters
6. Pedestrian or bicycle routes
7. Emergency vehicle routes
8. Building entrances and exits
9. Required accessibility routes and curb cuts
10. Easements
11. Trash enclosure areas or access to trash bins/trash enclosures
12. Other city facilities, as determined by the director of community and economic development or designee
D. Mobile Food Vending Vehicles and Group Sites shall maintain site circulation and access consistent with the Americans with Disabilities Act (ADA).
E. In accordance with Section 114315 of the California Retail Food Code, Mobile Food Vending Vehicles stop to conduct business for more than one hour, shall operate within 200 feet of an approved, readily available and functioning restroom facility. Executive portable toilet facilities with handwashing stations may satisfy this requirement.
F. Each Mobile Food Vending Vehicle and Group Site shall be located within 200 feet of a restroom facility that employees can legally access. (Ord. No. 2025-09, § 2.)
5F.9 License Approval, Denial, Suspension, Revocation, and Appeals.
A. The director of community and economic development or designee shall approve, approve with conditions, or deny a Mobile Food Vendor License application based on the standards and criteria set forth in this Chapter and/or in the Administrative Guidelines. The director of community and economic development or designee may impose conditions of approval on a Mobile Food Vendor License in the exercise of his or her reasonable discretion. The Applicant shall be notified of any conditions of approval in writing.
B. The director of community and economic development may deny, suspend or revoke a license issued under this Chapter. A license may be denied, suspended or revoked for any of the following reasons:
1. Fraud, misrepresentation or a false statement contained in the application for a license.
2. Fraud, misrepresentation or a false statement made in connection with the selling of food.
3. The receipt of an “F” grade during an inspection or an investigation in response to a complaint from the Solano County Health Department.
4. Repeated failure to address pollutant discharge(s), including but not limited to wash water discharge, fuel, detergents, tire dressings, foams, or any other chemicals.
5. Violating any of the operating standards required under this Chapter; or
6. Violating any of the license conditions imposed by this Chapter; or
7. Causing a public nuisance or causing an unlawful or criminal activity occurring during the operation of a Mobile Food Vending activity or Group Site; or any other violation of this Chapter.
C. Any person who has been notified regarding the denial of their Mobile Food Vendor License application or the possible suspension or revocation of their Mobile Food Vendor License may appeal the decision pursuant to Chapter 1, Section 1.15 of the Fairfield Municipal Code.
D. When circumstances demonstrate that continued operation by a Mobile Food Vendor poses an imminent threat to the public’s health and safety, the City of Fairfield may immediately suspend or revoke a Mobile Food Vendor License. The Mobile Food Vendor may request a hearing pursuant to Chapter 1, Section 1.16 of the Fairfield Municipal Code. The Community Development Department shall issue findings of fact, conclusions of law and a decision.
E. It is unlawful for a Mobile Food Vendor whose license has been suspended or revoked to continue to operate. If the City of Fairfield suspends or revokes a license, the Mobile Food Vendor shall immediately cease all Food Vending operations.
F. A Mobile Food Vendor aggrieved by an order issued by the Community Development Department may appeal the order to state district court. (Ord. No. 2025-09, § 2.)
5F.10 Food Safety; Health Inspections and Certificates.
A. Food hygiene standards. Mobile Food Vendors shall comply with all Solano County Health Department regulations.
B. Food safety certification. At all times, at least one person working in a Mobile Food Vending Vehicle must hold a current food safety certification.
C. Health inspections. For the purpose of protecting public health and safety, Solano County shall ensure that Mobile Food Vending Vehicles are inspected on an ongoing, randomized basis, based on their classification and inspection grade.
D. Recordkeeping. The City of Fairfield shall establish and maintain a database to record the names of licensees, inspections, inspection reports and public complaints. The database shall also allow Mobile Food Vendors to provide documentation to Solano County as needed.
E. Inspection criteria and grading. Health inspections shall be conducted by Solano County using inspection criteria based on the state food code and a score-based grading system established by Solano County based on objective factors. The inspection criteria shall provide a letter-grade format that rates the vendor with an “A,” “B,” “C,” or “F” grade, based on the score received during the inspection. If a vendor receives two consecutive “A” grades, it shall be given a certificate of excellence. If a vendor receives an “F” grade, the City of Fairfield may suspend the vendor’s license until the vendor corrects the violations, is re-inspected and receives a grade of “A,” “B,” or “C.”
F. Health certificate. Upon completion of an inspection, the Solano County shall issue a health certificate to the Mobile Food Vendor displaying the vendor’s letter grade or achievement of excellence and record the grade in the database.
G. Mobile Food Vendor License decal. Once all required County inspections and permits are approved, and the vendor has both a valid City of Fairfield business license and an approved Mobile Food Vendor License, the Mobile Food Vending Vehicle may legally operate in the City. The operation must comply with all applicable requirements set by the County, City, and other relevant agencies. The Mobile Food Vendor must place the official City of Fairfield Mobile Food Vendor License decal in a clearly visible spot on the Mobile Food Vendor Vehicle. This decal confirms that the vehicle is fully approved and authorized to operate within the City. (Ord. No. 2025-09, § 2.)
5F.11 Enforcement.
The City of Fairfield Code Enforcement Division or designee shall be responsible for enforcing this Chapter. If periodic inspections are necessary to monitor compliance, reinspection fees shall be assessed against the party responsible.
A. Violation. Failure to comply with any of the provisions of this Chapter is declared to be prima facie evidence of an existing violation, a continuing blight and a declared public nuisance and may be abated by the City’s code enforcement division or designee, in accordance with the provisions of Chapter 27 of the Fairfield Municipal Code. Any person in violation will be subject to administrative penalties, citations, civil action and/or other legal remedies that may be available to the City.
B. Responsibility. If a Mobile Food Vending Vehicle is on a privately owned parcel, the parcel owner and the Mobile Food Vending Vehicle or Group Site Organizer have joint and several liability for compliance with this Chapter, including fees, administrative citations, civil actions, and/or legal remedies relating to a Mobile Food Vending Vehicle or Group Site. The parcel owner remains liable for any violation of duties imposed by this Chapter even if the parcel owner has, by agreement, imposed on the Mobile Food Vending Vehicle or Group Site Organizer the duty of complying with the provisions of this Chapter.
C. Revocation. The City of Fairfield reserves the right to revoke any Mobile Food Vending License at any time for any of the reasons stated in Section 5F.9 of this Chapter or if it is found that the approved activity is violating any of the provisions of the City of Fairfield Municipal Code.
Revocation shall be immediately effective upon written notice of the revocation by the City of Fairfield code enforcement division or designee. Should a Mobile Food Vendor License be revoked, the vendor shall be required to cease operation immediately.
D. Penalties.
1. Any violation of this Chapter is to be punishable by Administrative Citations in accordance with Chapter 1, Article II of the municipal code.
2. Appeals of administrative citations shall be conducted in accordance with the procedures and requirements of Chapter 1, Article II, Section 1.15 of the municipal code.
3. The City may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.
4. Notwithstanding paragraphs 1 and 2, enforcement action specifically authorized by this section may be utilized in conjunction with, or in addition to, any other statutory code, administrative or regulatory procedure applicable to this Chapter, including charges of an infraction or misdemeanor. In addition, nothing in this section shall be interpreted to preclude or limit the City from seeking injunctive or other judicial relief. (Ord. No. 2025-09, § 2.)
5F.12 Liability and Indemnification.
A. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this Chapter shall not become the personal liability of any public officer or employee of the City.
B. To the maximum extent permitted by law, the licensee under this Chapter shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Fairfield, the Fairfield City Council, the Fairfield City Planning Commission, and their respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called "City") from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings or judgment (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called "Action") against the City to attack, set aside, void or annul, any Food Vending- related approvals and actions or implementation of such approvals and actions, including conditions of approval, if any. The City may elect, in its sole discretion, to participate in the defense of said Action and the licensee shall reimburse the City for its reasonable legal costs and attorneys’ fees.
C. Within 10 calendar days of the service of the pleadings upon the City of any Action as specified in Subsection B above, the licensee shall execute a Letter of Agreement with the City, acceptable to the Office of the City Attorney, which memorializes the above obligations. These obligations and the Letter of Agreement shall survive termination, extinguishment or invalidation of the Food Vending-related approval. Failure to timely execute the Letter of Agreement does not relieve the licensee of any of the obligations contained in this Section or any other requirements or performance or operating standards that may be imposed by the City. (Ord. No. 2025-09, § 2.)