Chapter 4.35
MOBILE VENDING

Sections:

4.35.010    Definitions.

4.35.020    Mobile vendor permit and operator’s license required.

4.35.030    Application for mobile vendor permit.

4.35.040    Issuance or denial of mobile vendor permit.

4.35.050    Hold harmless.

4.35.060    Operation and maintenance.

4.35.070    Miscellaneous standards.

4.35.080    Suspension or revocation of permit or license and appeal.

4.35.090    Operator’s license posting required.

4.35.100    Enforcement of chapter.

4.35.010 Definitions.

For the purposes of this chapter, the following terms, phrases and words shall have the meanings hereinafter set forth:

A. “Catering operation” means a food service that is conducted by a permanent food facility approved for food preparation where food is served, or limited food preparation is conducted, at a location other than its permitted location, as part of a contracted off-site food service event.

B. “Certified farmers’ market” means a location that is certified by the state of California through the enforcement officers of the county agricultural commissioners and operated pursuant to Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter.

C. “Commissary” means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur: (a) food, containers, or supplies are stored; (b) food is prepared or prepackaged for sale or service at other locations; (c) utensils are cleaned; or (d) liquid and solid wastes are disposed, or potable water is obtained.

D. “Employee” means any person working in a food facility, including the permit holder, person in charge, person having supervisory or management duties, person on the payroll, volunteer, and any person performing work under contractual agreement.

E. “Health permit” means a valid food facility permit issued by the El Dorado County environmental management office.

F. “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Food facility” shall have the same meaning as defined in California Health and Safety Code Section 113789.

G. “Mobile vending” means conducting the business of selling a product from a mobile food facility on a temporary, intermittent or seasonal basis.

H. “Mobile vendor” means a person conducting the business of selling a product from a mobile food facility on a temporary, intermittent or seasonal basis.

I. “Mobile vendor permit” means permission issued by the chief of police or his or her designee authorizing the holder thereof to conduct a mobile food facility business in the city.

J. “Operator’s license” means permission issued by the chief of police or his or her designee authorizing the holder thereof to operate a mobile food facility.

K. “Owner” or “person” includes any natural person, partnership, corporation, firm or association engaged in the business of mobile vending. It also includes a receiver or trustees appointed by any court.

L. “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. (Ord. 1127 § 4)

4.35.020 Mobile vendor permit and operator’s license required.

It is unlawful for a person to conduct a mobile food facility business in the city without a mobile vendor permit. All persons hired or contracted to operate a mobile food facility shall be identified in the mobile vendor permit and each driver shall obtain an operator’s license. It is unlawful for a person to drive a vehicle being used as a mobile food facility without a valid operator’s license. The current mobile vendor permit and operator’s license for each operator shall be kept in the mobile food facility at all times. It is unlawful for any person to engage in mobile vending except in accordance with such terms, conditions, restrictions and limitations as may be set forth in the mobile vendor permit and operator’s license. The following activities are exempt from the requirements of this chapter:

A. Mobile food facilities and catering operations serving at private events that are not open to the public.

B. Mobile food facilities and catering operations serving at temporary activities in compliance with SLTCC 6.55.230(A), permitted special events, or certified farmers’ markets. (Ord. 1127 § 4)

4.35.030 Application for mobile vendor permit.

Any person desiring to obtain a mobile vendor permit shall make application to the chief of police or his or her designee, which application shall be verified under penalty of perjury and shall furnish the following information:

A. The name, age, business address, and residence of the applicant, if a natural person; if a corporation, its name, date and place of incorporation, address of its principal office, and the names of its principal officers together with their respective addresses; if a partnership, association or other unincorporated entity, the names of the partners or persons comprising the association or company, with the place of business and residence of each;

B. A completed background check to include Live Scan fingerprinting of the business owner;

C. The number of mobile food facilities to be operated or controlled by the applicant, and the description of each vehicle, giving the model, serial and license number, where available, and the location of proposed commissary;

D. The color scheme or insignia to be used to designate the mobile food facility or facilities of the applicant. This may include a photo of the mobile food facility(ies);

E. A statement that each mobile food facility is in a safe operating condition, evidenced by an inspection performed by a mechanic licensed by the state of California within the previous 30 days;

F. Evidence that applicant is the registered owner of each mobile food facility;

G. If the mobile food facility includes a power generator, a specifications sheet indicating that the generator is designed to operate with noise levels less than 65 dB(A) rated load as tested in accordance with ISO 9614-2;

H. Evidence of a health permit issued by the El Dorado County environmental management office;

I. Special purpose commercial coach insignia number issued by the California Department of Housing and Community Development Division of Codes and Standards for each mobile food facility. Insignias shall be affixed to the mobile food facility indicating that the mobile food facility has been constructed to California standards;

J. Copy of a business license from the city of South Lake Tahoe;

K. Copy of the indemnification agreement with the city of South Lake Tahoe;

L. List of operators (including owner) requesting an operator’s license. List shall include each operator’s name, birth date, driver’s license number, height, hair color, eye color, current residence address, and current telephone number;

M. When the applicant proposes to operate within a public right-of-way, a completed background check to include Live Scan fingerprinting, is required for each operator; and

N. A Department of Motor Vehicles driver’s record, issued within the last 30 days for each operator. (Ord. 1127 § 4)

4.35.040 Issuance or denial of mobile vendor permit.

A. If the chief of police or his or her designee finds that the proposed applicant is fit, willing and able to perform such services and to conform to all of the provisions of this chapter, then the chief of police or his or her designee shall issue a mobile vendor permit stating the name and address of the applicant, the number of mobile food facilities authorized, the date of issuance, the term thereof, and such conditions as the chief of police or his or her designee deems reasonable or necessary in order to ensure compliance with this chapter. An operator’s license shall also be issued to each approved operator.

B. Each mobile vendor permit and its associated operator’s licenses shall have a term of one year and may be renewed annually. The chief of police or his or her designee shall renew a mobile vendor permit and its associated operator’s licenses upon submission of the following prior to the expiration of the term:

1. Current business license issued by the city of South Lake Tahoe;

2. Current indemnification agreement;

3. List of all employees and operators and a DMV driver’s record, issued within the last 30 days, for each operator. When the applicant proposes to operate within a public right-of-way a completed background check to include Live Scan fingerprinting is also required for each operator;

4. Current insurance policy;

5. A statement that each mobile food facility is in a safe operating condition, evidenced by an inspection performed by a mechanic licensed by the state of California within the previous 30 days;

6. Current health permit from the El Dorado environmental management office for each mobile food facility operated; and

7. The payment of all fees established by city council ordinance or adopted master fee schedule.

C. The chief of police or his or her designee shall deny an application for mobile vendor permit or operator’s license if he or she determines that:

1. The application fails to contain all of the required information in SLTCC 4.35.030;

2. The application contains one or more false statements;

3. The applicant or operator has been convicted of any crime or otherwise found to be in violation of any law or regulation intended to protect public safety;

4. The applicant or operator has been convicted of a crime involving moral turpitude;

5. The applicant or operator has been convicted of any offense requiring registration under either Section 290 of the Penal Code or Section 11590 of the Health and Safety Code; or

6. The applicant or operator is under 18 years of age.

Any person denied a mobile vendor permit or operator’s license may file an appeal in accordance with Chapter 2.35 SLTCC. (Ord. 1127 § 4)

4.35.050 Hold harmless.

The mobile vendor permit applicant shall indemnify, defend and hold harmless the city, its elected and appointed boards, officers, employees, agents, volunteers, contractors, and invitees from any and all liability, for any and all claims, demands, actions, losses, damages, and injuries, direct or indirect (including any and all costs and expenses in connection therewith), arising from the operations conducted under the mobile vendor permit, from and against each and every claim and demand of whatsoever nature made on behalf of or by any person, persons, firm, partnership, corporation or otherwise, including the applicant’s employees. (Ord. 1127 § 4)

4.35.060 Operation and maintenance.

All mobile food facilities shall be operated as follows:

A. Other than pursuant to a valid temporary activity permit, special event permit, certified farmer’s market permit or mobile vending location permit, it shall be unlawful to vend from a parked mobile vending vehicle except as provided herein.

B. It is unlawful for a person to conduct mobile vending outside the hours between 7:00 a.m. and 2:00 am.

C. Mobile vending within a public right-of-way may occur in any zoning district within the city. The mobile food facility must be at a complete stop and parked in compliance with the California Vehicle Code and this code.

D. It is unlawful for a person to park within a public right-of-way to conduct mobile vending business for more than 15 minutes at any one location.

E. Mobile vending is prohibited on any state highway.

F. It is unlawful for a person to stand, stop, or park a mobile food facility within 500 feet of the property line of any school with students 18 years of age or younger between the hours of 8:00 a.m. and 7:00 p.m. on days when school is in session. This provision may be waived with approval of the subject school district or school operator.

G. When operating within the public right-of-way, items vended shall be dispensed from the non-traffic side of the street. It is unlawful for a person to dispense vended items on the traffic side.

H. Mobile food facilities must have current and valid vehicle registration clearly marked on their plates while vending in the public right-of-way.

I. It is unlawful for a person to vend from a mobile food facility within the public right-of-way less than 10 feet from the entrance to the front door of a business, less than four feet from a building, or less than 15 feet from any street corner curb radius.

J. Mobile food facilities operating within the public right-of-way shall comply with all local, state and TRPA regulations regarding noise levels, including the noise ordinance of the city of South Lake Tahoe. In addition, no vendor shall be so loud as to be heard inside the premises of an adjacent building or structure while the entrance door to the premises is closed.

K. It is unlawful for a person to operate a mobile food facility in a manner that blocks or obstructs the free movement of pedestrians or vehicles on any sidewalk, walkway, street, alley or other public right- of-way.

L. Vending of items other than food is prohibited.

M. All mobile food facilities shall comply with all applicable laws.

N. The conduct of the vending business shall not create a potential safety issue or obstruction to the normal flow of traffic within a public right-of-way.

O. Any mobile food facility vending within the public right-of-way shall be equipped at all times while engaged in vending with signs mounted on the front and the rear and clearly legible from a distance of 100 feet in daylight conditions incorporating the words “WARNING” and “CHILDREN CROSSING” OR “PEDESTRIANS CROSSING.” Each sign shall be 12 inches high by 48 inches wide, with letters of a dark color and at least four inches in height, a one-inch-wide solid border and sharply contrasting background.

P. The price of products available for sale shall be affixed to the exterior of the mobile food facility in full view of and legible to prospective customers.

Q. All of the above provisions shall be applicable to mobile vendor permit holders as well as operator’s license holders, and it is unlawful for any person to violate any of the provisions of this chapter. Knowing or repeated violations shall be grounds for suspension or revocation of the mobile vendor permit and operator’s license. (Ord. 1127 § 4)

4.35.070 Miscellaneous standards.

A. City’s Right to Audit. The city of South Lake Tahoe retains the right to audit the books of each mobile vendor permittee and operator’s licensee at all reasonable times, and prescribe reasonable rules and regulations concerning the method of keeping such records.

B. Administrative Policies/Procedures. The chief of police is authorized to establish and carry out such administrative policies and procedures that, in his or her reasonable discretion, may be necessary to protect the health, safety and welfare of the public in their conducting of business with mobile vendors. (Ord. 1127 § 4)

4.35.080 Suspension or revocation of permit or license and appeal.

A. Grounds for Revocation, Suspension, and Fines. The chief of police or his or her designee may permanently revoke or temporarily suspend a mobile vendor permit or operator’s license in accordance with such provisions of this chapter and rules and regulations of the chief of police upon any of the following grounds:

1. Failure to provide such mobile food facility service as are required in accordance with the permit and license issued therefor.

2. The occurrence of any act or omission which operates to deprive the holder of a permit or license of the authorization necessary for the lawful and proper conduct and operation of the service authorized, including any disqualifying act set forth in SLTCC 4.35.040. Failure or refusal of the holder of a permit or license to perform any act required to be performed by it under the provisions of this chapter; or such person’s performing, or allowing or permitting to be performed, any act which it is hereunder prohibited from doing.

3. The violation of any of the provisions, terms, conditions, restrictions, and limitations of the mobile vendor permit or operator’s license issued to the holder, or any of the agreements executed pursuant thereto.

4. The violation of any order, decision, rule, regulation, direction, demand or requirement made or established pursuant to this chapter.

5. The conviction of the holder of a permit or license of any crime determined to be detrimental to the public safety.

6. Failure to pay any fee, penalty or fine imposed on said holder under this chapter, within the time required thereby, or by the order of the chief of police or his or her designee.

7. Upon the voluntary written request of the holder of a permit to suspend such permit for a definite period of time.

8. Failure of operator to take or pass a drug-screening test upon request following an accident.

9. Failure to pay, within 30 days after it has become final, any judgment against the owner of a permit for personal injury or death or property damage arising out of the operation of such vehicle allowed to operate hereunder.

B. In addition to such revocation or suspension or as an alternative thereto the chief of police or his or her designee may impose upon the holder of such permit monetary administrative penalty for each day that the act or omission which constitutes such ground for revocation, suspension and/or fine continues.

C. Regular Hearings – Immediate Hazards. Except as otherwise required under this section, a mobile vendor permit shall be revoked or suspended only after reasonable notice and an opportunity to be heard has been given.

a. In the event of an immediate hazard to life, limb, health, safety, property or general welfare, the chief of police or his or her designee, upon good cause shown, may issue an order requiring the holder of a permit immediately to cease and desist from engaging in all or any portion of the mobile vending business which constitutes such hazard, and further ordering that such party show cause why the permit should not be suspended or revoked.

b. The order shall specify the time, date and place of hearing thereon and the period during which the order will be effective. Such period may be extended from time to time as reasonably required to carry out the purposes of this chapter.

c. Upon service of and during such time as there is in force and effect an order requiring the holder of a permit to cease and desist from all or a portion of the business described in such order, no holder of a permit shall fail or refuse to comply with the provisions of such order, or with such order as modified during the pendency of hearing thereon.

d. Conduct of hearing. Upon such hearing, the holder of a permit shall have the right to be personally present or through counsel or other representatives to introduce oral and documentary evidence, to examine and reexamine witnesses, and to be heard in support of his respective positions. Within 15 days after closing a hearing, the chief of police or his or her designee shall render a written decision thereon, specifying findings therefor.

D. Any person whose mobile vendor permit or operator’s license is revoked or suspended may file an appeal in accordance with Chapter 2.35 SLTCC. (Ord. 1127 § 4)

4.35.090 Operator’s license posting required.

Every person driving a vehicle used as a mobile food facility shall obtain from the chief of police or his or her designee an operator’s license, which shall contain the driver’s name, driver’s license number of the operator, the name of the company holding the applicable mobile vendor permit and a photograph of the operator. Such operator’s license shall be in the possession of the operator at all times when conducting business in a mobile food facility. (Ord. 1127 § 4)

4.35.100 Enforcement of chapter.

A. Any person who knowingly or intentionally misrepresents to any officer or employee of the city any material fact in applying for a mobile vendor permit or operator’s license shall be guilty of a misdemeanor. The ownership of any mobile vending business operating or allowing the operation of any mobile food facility upon the streets of this city in violation of this chapter shall be deemed to constitute a misdemeanor, and further, shall be deemed to be a public nuisance, and may be, by this city, summarily abated as such, including, without limitation, the right to confiscate and impound any such vehicle until such time as any and all such violations have been otherwise abated. Any mobile food facility which is operated by a driver without a current mobile vendor permit or operator’s license will be towed and impounded, and the following fines will be assessed:

1. First offense – $250.00;

2. Second offense within one year – $500.00; and

3. Third offense within one year – $1,000.

B. Except as otherwise set forth above, any violation of this chapter shall be an infraction, punishable as provided by law. The city attorney and district attorney are additionally authorized to pursue any and all other remedies available in law or equity for violations of this chapter. (Ord. 1127 § 4)