Chapter 5.60


5.60.010    Purpose.

5.60.020    Definitions.

5.60.030    Exemptions.

5.60.040    Vehicular sales.

5.60.050    Regulation of appearance.

5.60.060    Locations – Public.

5.60.070    Locations – Private.

5.60.080    Licensing.

5.60.090    Fees.

5.60.100    Signage.

5.60.110    Connections.

5.60.120    Parking.

5.60.130    Nuisances.

5.60.140    Trash.

5.60.150    County and State regulation.

5.60.160    Repealed.

5.60.170    Transition provisions.

5.60.180    Contrary provisions repealed.

5.60.010 Purpose.

The purpose of this chapter is to regulate the appearance and operation of mobile vendors of food within the City of Mt. Shasta. (Ord. CCO-91-02, 1991)

5.60.020 Definitions.

(A) “Mobile” means capable of being moved, by self propulsion, towing, or otherwise, from an operating location within 30 minutes, and includes but is not limited to any vehicle which is licensed or licensable by the California Department of Motor Vehicles for use on public streets, and any motor home, mobile home, truck, pushcart, trailer, or bicycle. Also included are pedestrian vendors, except as provided hereinbelow.

(B) “Food” means food or beverage intended for, or susceptible to, immediate consumption, including but not limited to prepared food and beverages, and fresh fruit and vegetables.

(C) “City Manager” also includes the City Clerk, and/or the nominees of either or both of them.

(D) “Vendor” means any person engaged in sales regulated by this chapter.

(E) “Person” means any individual, corporation, or other business entity.

(F) “City” means the City of Mt. Shasta.

(G) A “fixed location vendor” is one which operates its business at a given place or limited number of places, instead of continually or frequently traveling on City streets or sidewalks from place to place.

(H) A “permanent location” is one at which a subject business is continuously operated. (Ord. CCO-91-02, 1991)

5.60.030 Exemptions.

The following shall be exempt from the provisions of this chapter:

(A) Nonprofit. Pedestrian vendors of food who are working on behalf of any organization which is officially recognized by the State of California and/or the United States Internal Revenue Service as being nonprofit. Pedestrian food vendors of any organization which are not officially so recognized may apply to the City Administrator for exemption under this section. The City Administrator shall, upon submission of adequate evidence that the activities of the organization do not inure, directly or indirectly, to the benefit of any individual, but rather to charitable, religious, or other public betterment, issue the exemption.

(B) Delivery. The delivery to any home or business, by truck or other motor vehicle, of food items intended for consumption at such home or business, and in which no door-to-door solicitation for business takes place. (Ord. CCO-91-02, 1991)

5.60.040 Vehicular sales.

Food sales conducted from vehicles which do not park at any fixed or permanent location are exempt from the provisions of MSMC 5.60.050, but shall comply in all other respects. (Ord. CCO-91-02, 1991)

5.60.050 Regulation of appearance.

Mobile food sales businesses shall not be subject to design regulation under the City’s architectural review ordinance (Chapter 18.60 MSMC), but shall instead comply with the requirements set forth herein.

(A) Vendors shall maintain their business vehicle or structure, as applicable, as well as any equipment used therein, in a clean, neat, well-maintained condition, and in good repair. Areas where food is prepared or stored shall be wholesome and free from insect infestation, decomposing food, or other unhealthful conditions.

(B) The exterior surface of the vehicle or structure, as applicable, shall be of a color and design which is subdued, with nonreflective surfaces, and shall not be distracting to motorists. (Ord. CCO-91-02, 1991)

5.60.060 Locations – Public.

No vendor may operate on a City street, parking area, sidewalk or other publicly owned property, except upon issuance of a permit by the City Administrator, after written application to the City, payment of the franchise fee, and satisfaction of other terms and conditions as shall be promulgated from time to time by the City Administrator. As a condition of using such public facilities, the City Administrator shall require the applicant to release and hold the City harmless from any liability for injuries or property damage sustained by the applicant or any other person as a result of the physical condition of the subject public facilities. In addition, the City Administrator shall require the applicant to obtain and maintain public liability insurance in the minimum amount of $300,000 and to name the City as an additional insured thereunder. Any use of City property for in excess of 30 days within any one-year period must be approved in advance by the City Council. (Ord. CCO-91-02, 1991)

5.60.070 Locations – Private.

Vendors may make sales on privately owned commercially or industrially zoned property only with the express permission of the owner or occupant thereof. (Ord. CCO-91-02, 1991)

5.60.080 Licensing.

(A) In addition to any permit or license required by law, and including any business license required pursuant to this title, every vendor shall obtain a mobile food sales license; provided, however, that a peddler, as that term is defined in Chapter 5.08 MSMC, who is primarily engaged in the business of food sales shall not be required to obtain the license, nor post the bond, required under Chapter 5.32 MSMC, but shall instead be regulated by the provisions of this chapter.

(B) Licenses may be issued for an annual, semi-annual, or daily basis, and for various categories of vendors, and an appropriate fee shall be specified and collected as a condition of the issuance of licenses to each.

(C) The City Council may, by resolution, waive the fee for certain participants at specified community events upon a finding that the event is for the general benefit of the community, the vendors’ participation is important to the success of the event, and the participants are otherwise adequately regulated. (Ord. CCO-91-02, 1991)

5.60.090 Fees.

(A) In addition to any franchise fee pursuant to MSMC 5.60.060, any business license fee pursuant to this title, and any other fee, tax, or charge levied by any entity, every vendor shall pay the fee required to obtain a license under this chapter; provided, however, that a peddler, as that term is defined in Chapter 5.08 MSMC, who is primarily engaged in the business of food sales shall not be required to pay for the permit or license required under Chapter 5.32 MSMC, but shall instead be regulated by the provisions of this chapter.

(B) Application and license fees levied hereunder shall be calculated to recover the actual, direct and indirect costs to the City of regulating the particular activity. Such fees, as well as franchise fees, shall be set from time to time by resolution of the City Council. The City Council may waive the fee for certain participants at specified community events. In specifying the fees, the City Council may, but is not required to, distinguish between small and large businesses, and those which are or are not operated in conjunction with existing, licensed businesses. (Ord. CCO-91-02, 1991)

5.60.100 Signage.

(A) Signs for vendors subject to this chapter shall not be regulated by the provisions of MSMC Title 8, but shall instead be governed by this section.

(B) All signs in existence as of June 10, 1991, which signs were not then in violation of the said sign ordinance of the City of Mt. Shasta, shall also be deemed to comply with the provisions of this section for a period of five years. Upon the repair, replacement, or reconstruction of any such sign, the sign shall immediately be brought into conformance with this section unless it is exempt under State law.

(C) No permit shall be required for any sign regulated by this section, but violations hereof shall be punishable as provided in this chapter.

(D) No vendor may erect a sign which is separate from, or which extends beyond, the vehicle or structure of the subject business, nor shall the perimeter of the text of any single sign or any combination of signs on a single side of a vehicle or structure encompass a surface area greater than 10 square feet.

(E) In no event shall there be more than three signs on any single vehicle or structure.

(F) Signs of which the total surface area is smaller than 100 square inches shall not be counted when calculating the maximum surface area of signs, or the total signs hereunder, so long as such small signs are not arranged so as to together present a larger message.

(G) Signs may contain only the name and/or nature of the business, and a menu of the food items being offered for sale.

(H) No signs may be illuminated except during hours of operation of the subject business.

(I) Vendors shall maintain their signs in a neat, well-maintained condition, and in good repair. Exterior surface of signs shall be of a color and design which is subdued, with nonreflective surfaces, and not be distracting to motorists.

(J) No sign shall be permitted to constitute a public hazard or danger. (Ord. CCO-96-07 § 43, 1996; Ord. CCO-91-02, 1991)

5.60.110 Connections.

(A) Connections to water and sanitary facilities shall be provided except in the case of self-contained vehicles.

(B) Electrical hookups shall be permitted.

(C) All plumbing, sanitary, and electrical connections are to be in compliance with State and County requirements. (Ord. CCO-91-02, 1991)

5.60.120 Parking.

Vendors with fixed locations on private property shall provide paved parking for not less than three automobiles, in addition to the parking required of other operating businesses which share the same parking area. (Ord. CCO-91-02, 1991)

5.60.130 Nuisances.

No vendor shall emit amplified noise, perceptible noxious odors or smoke, nor in any other manner constitute a nuisance to adjoining property owners or to the public in general. (Ord. CCO-91-02, 1991)

5.60.140 Trash.

(A) All vendors, whether or not at fixed locations, shall provide adequate trash receptacles.

(B) Vendors at fixed locations shall empty their trash receptacles as necessary to avoid overflowing, and in any event not less than daily. No dumpster, nor any other trash receptacle, shall be left on or about the premises of any vendor at a fixed location while the vendor is not open for business.

(C) Vendors at fixed locations shall be responsible for picking up litter from their customers and businesses within a 100-foot radius of their business location. (Ord. CCO-91-02, 1991)

5.60.150 County and State regulation.

All businesses subject to this chapter shall comply with all other County and State laws and regulations. Any provisions hereof which are preempted by County, State, or Federal law shall be null and void, but the remainder shall remain in effect. (Ord. CCO-91-02, 1991)

5.60.160 Penalties for violation.

Repealed by Ord. CCO-20-04. (Ord. CCO-11-05 § 13, 2011; Ord. CCO-91-02, 1991)

5.60.170 Transition provisions.

Persons licensed as peddlers pursuant to Chapter 5.32 MSMC as of the effective date of the ordinance codified in this chapter shall continue to be licensed under that chapter until July 1, 1992, at which time such persons shall no longer be subject to that chapter, but shall instead be required to comply with the provisions of this chapter. Any bond previously posted by such persons shall be released. (Ord. CCO-91-02, 1991)

5.60.180 Contrary provisions repealed.

MSMC 6.16.070, insofar as it prohibits retail sales from certain vehicles, is hereby repealed; provided, however, that no sales shall be permitted hereunder from any vehicle which is actually being used for human habitation. (Ord. CCO-91-02, 1991)