Chapter 9.38


9.38.010    Purpose.

9.38.020    Definitions.

9.38.030    Limitations.

9.38.040    Permit to operate mobile food vending vehicle.

9.38.050    Permit revocation.

9.38.060    Permit expiration.

9.38.010 Purpose.

The purpose of this chapter is to provide minimum standards to safeguard the life, health, property, and public welfare, in keeping with the character of the city, by regulating and controlling mobile vendors as to location and time of operation at any one location. (Ord. 02-12 § 1, 2002)

9.38.020 Definitions.

A. A “mobile vending vehicle” means a vehicle (including any vehicle as defined in the California Vehicle Code, any wagon, or any pushcart or similar vehicle) from which food products (including beverages) are sold directly to the public. Mobile food vending vehicles do not include vehicles used for pick-up and delivery of food products to commercial businesses or food processing plants.

B. “Food vending operations” mean selling, being open for sale of, or attempting to sell food products. (Ord. 02-12 § 1, 2002)

9.38.030 Limitations.

A. Except as provided herein, no person shall stop, stand, or park any mobile food vending vehicle for the purpose of food vending operations at any single location within the city for more than 15 minutes in any 24-hour period. For purposes of this section, location includes any site within 300 feet of any previous location.

B. Mobile food vending vehicles may engage in food vending operations for more than 15 minutes per day on the premises of operating businesses, including construction and public agency sites, provided: (1) there are at least two hours between the end of a food vending operation and the commencement of another food vending operation, and (2) food vending operations do not exceed 30 minutes at any one time. This provision shall not be construed to allow food vending vehicles to engage in food vending operations on vacant lots.

C. Closure or stoppage of operations of a mobile vending vehicle, when any food vending operation is less than 15 minutes, shall be deemed to be the equivalent of a 15-minute food vending operation.

D. Nothing in this section shall be deemed to mean that food vending vehicles are authorized to conduct operations on any property (other than a public right-of-way) without the permission of the property owner or in a manner inconsistent with land use ordinances of the city.

E. No person shall operate a mobile food vending vehicle without a permit to operate such vehicle and without a valid business license.

F. Mobile food vending vehicles shall not conduct operations at the following locations: (1) within 20 feet of any driveway; (2) within 20 feet of any crosswalk; (3) within 20 feet of the intersection of property lines at a street corner; (4) within 20 feet of an alley approach; (5) within 20 feet of any residential building; and (6) within 150 feet of any public or private school.

G. The operators of mobile vending vehicles shall clean the area within a 50-foot radius of any spot at which they conduct food vending operations and shall pick up and remove trash within such area before moving to a new location.

H. Mobile food vending vehicles shall be operated in accordance with all Stanislaus County and state laws and regulations applicable to such operations, including, but not limited to, laws relating to health and safety concerns.

I. The city manager, upon consultation with city staff, may adopt additional conditions upon the operations of mobile food vending vehicles in order to protect the public health, safety, and welfare of the citizens of Hughson. If such conditions are adopted, those conditions shall be deemed part of the permit. (Ord. 02-12 § 1, 2002)

9.38.040 Permit to operate mobile food vending vehicle.

A. To obtain a permit, the applicant shall provide the city at least 10 days before the desired date to start operations with the following: (1) proof that the applicant has a current and valid business license or, for new applicants, a completed business license application, and that the applicant has paid the business license fees; (2) evidence that the applicant and the mobile food vending vehicle are properly licensed to sell food products in Stanislaus County in accordance with all county and state requirements; (3) evidence the vehicle has been inspected by Stanislaus County and the Hughson police department; (4) proof of insurance coverage in accordance with city and state requirements; (5) a list of all locations (operating business premises) at which the operator seeks to conduct mobile food vending operations for more than 15 minutes per day, and/or evidence the applicant has permission of the operating business at which he/she seeks to conduct mobile food vending operations for more than 15 minutes per day. The permit shall specifically describe all locations at which the mobile vending vehicle is permitted to conduct operations more than 15 minutes per day.

B. Accompanying the application shall be a fee in the amount set by resolution of the city council for processing and ensuring compliance with the permit and this section.

C. The city manager, or his or her designee, may issue the permit if the city manager, or his or her designee, determines that the food vending operation complies with this chapter and all other requirements of the Hughson Municipal Code, and will not significantly contribute to traffic or safety hazards. A permit is not transferable. A permit may be cancelled if food vending operations are not commenced within 60 days of the issuance of the permit. (Ord. 02-12 § 1, 2002)

9.38.050 Permit revocation.

A. Whenever there is reasonable cause to believe that any of the following conditions have occurred, the city manager or his or her designee may initiate proceedings to consider revoking the permit in the manner prescribed herein.

1. Violations. A food vending operation shall not be conducted in violation of any provision of the Hughson Municipal Code, or county, state, or federal law.

2. Use of Untrue Information to Secure a Permit. A permit application at time of submission shall not contain information known by the applicant to be false.

3. Unpaid Fees or Taxes. A permittee shall not fail to completely pay any fee or tax associated with food vending operation business license or permit within 31 days of the due and payable date.

B. Proceedings to consider revoking a permit shall be initiated by the city manager or his or her designee by delivering a written notice to the permittee at the address on the permit application to inform the permittee of the date and time of a revocation hearing to be conducted by the city manager or his or her designee and shall state the reason(s) for the proposed revocation.

C. A determination may be made to either revoke or to continue the permit. In either case, a written determination shall be mailed to the permittee, at the address given in the permit application, within six days of the close of the hearing.

D. Any permittee whose permit is revoked under this section shall have the right, after receiving notice in writing of the revocation, to file a written appeal to the city council within 15 days of receiving the notice. The city council shall hear the appeal at the next regular council meeting. The decision of the council shall be final. (Ord. 02-12 § 1, 2002)

9.38.060 Permit expiration.

The permit shall automatically expire on the thirty-first of each December following the date of granting of the permit unless renewed by the applicant prior to that time. Renewal should be in accordance with the procedures for initially obtaining the permit. (Ord. 02-12 § 1, 2002)