CHAPTER 20. MOBILE FOOD VENDORS

ARTICLE 1. GENERAL PROVISIONS

6-20-1000 APPLICATION OF GENERAL PROVISIONS:

Unless the provisions of this Chapter provide otherwise, all of the provisions of Chapter 1 of this Part are applicable to the licenses referred to in this Chapter.

(Added by Ord. No. 3401, effective 3-1-10)

6-20-1010 DEFINITIONS:

The following words and phrases, as used in this Chapter, shall have the following meanings:

(a)    "Mobile food facility" shall have the same meaning as in Health and Safety Code section 113831.

(b)    "Mobile food vendor" means a person operating a mobile food facility business.

(c)    "Vehicle" includes, but is not limited to, any vehicle moved by human, animal, mechanical, or motor power.

(Added by Ord. No. 3401, effective 3-1-10)

6-20-1020 LICENSE REQUIRED:

Any person engaging in, or vehicle used in, the business of a mobile food vendor shall have a valid license to engage in or be used in such business.

(Added by Ord. No. 3401, effective 3-1-10)

6-20-1030 EXCEPTIONS TO LICENSE REQUIREMENT:

This Chapter shall not apply to any person operating a mobile food facility at a community event as provided in Health and Safety Code section 114295.

(Added by Ord. No. 3401, effective 3-1-10)

6-20-1040 FORM OF LICENSE:

A license shall contain the information required by Chapter 1 of this Part, and in addition shall contain the following information:

(a)    A description, including license and registration numbers for motor vehicles, of each vehicle authorized by the license to be used in the mobile food vendor business.

(b)    The name, description, and current address of the licensee.

(c)    A statement that the license applies only to the person whose name appears on the face of the license.

(Added by Ord. No. 3401, effective 3-1-10)

6-20-1050 DISPLAY OF LICENSE:

The provisions of section 6-01-1120 of Chapter 1 of this Part shall not apply to a license issued pursuant to this Article.

Mobile food vendors shall display their licenses upon request to any County official or to any person with whom they transact business.

(Added by Ord. No. 3401, effective 3-1-10)

6-20-1060 DISPLAY OF NAME OF LICENSEE:

It shall be unlawful for any licensee to use, or allow to be used, any vehicle in the mobile food vending business, unless such vehicle shall bear, on both sides thereof, in contrasting letters, identifying information of the type described in Health and Safety Code section 114299, in the respective sizes required by that statute.

(Added by Ord. No. 3401, effective 3-1-10; amended by Ord. No. 3490, effective 2-25-16)

ARTICLE 2. APPLICATION; FEES

6-20-2000 APPLICATION: FORM:

In addition to the information required under Chapter 1 of this Part, an application for a license under this Chapter shall contain the following information:

(a)    A description of all vehicles that will be used in the mobile food vending business. Said description shall include the license and registration numbers of any motor vehicle, advertising or business markings on the exterior of each vehicle, and the capacity and nature of storage facilities within each vehicle.

(b)    A description of the geographic area where the business will take place. If the applicant plans to conduct business at any one location in the unincorporated area of the County for more than a one-hour period each day, as authorized elsewhere in this Chapter, the applicant shall include the written permission of the property owner and a site plan that addresses the criteria specified in Article 3 of this Chapter.

(Added by Ord. No. 3401, effective 3-1-10)

6-20-2010 INVESTIGATION OF APPLICANT:

(a)    An application under this Chapter shall include such information as may be required by the license collector in order to determine that the proposed business will comply with the criteria in this Chapter and applicable laws. This information shall include, but not be limited to, a copy of the Health Officer’s certification that the proposed business complies or will comply with the applicable food, health, safety and sanitation laws, ordinances, and regulations. If the mobile food vendor plans to stop on the public highway, the vendor shall include an indemnification agreement pursuant to section 6-20-3010. If the mobile food vendor plans to stop for longer than one hour off the public highway, the vendor shall include the permission of the property owner.

(b)    By filing an application, the applicant and all persons referred to in subdivision (e) of section 6-01-2000 shall be deemed to have waived any and all objections to, and to have thereby authorized, any and all investigations concerning their business history, past employment, and property ownership.

(c)    The provisions of section 6-01-2020 of Chapter 1 of this Part relating to fingerprinting and photographing shall not apply to applicants for licenses issued under this Chapter.

(Added by Ord. No. 3401, effective 3-1-10; amended by Ord. No. 3490, effective 2-25-16)

6-20-2020 LICENSE FEES:

The annual license fee shall be established by resolution of the Board of Supervisors. The license collector shall issue a separate license in the name of the licensee for each vehicle. An additional license fee shall be due for each vehicle, as established by resolution of the Board of Supervisors. Licenses must be renewed annually, and shall be subject to the fee in effect at the time of the renewal application.

(Added by Ord. No. 3401, effective 3-1-10)

6-20-2030 LICENSE FEES: EXCEPTIONS:

(Added by Ord. No. 3401, effective 3-1-10)

Repealed by Ord. No. 3490.

ARTICLE 3. RESTRICTIONS ON OPERATIONS

6-20-3000 HOURS OF BUSINESS:

(a)    Residential Areas.

In areas zoned for residential use:

(1)    It shall be unlawful for any mobile food vendor to operate between the hours of 9:00 p.m. of any day and 7:00 a.m. of the following day.

(2)    A mobile food vendor must move at least every 10 minutes.

(b)    Nonresidential Areas.

In areas not zoned for residential use:

(1)    A mobile food vendor may operate at any hour.

(2)    Pursuant to Health and Safety Code section 114315, a mobile food vendor may not stop to conduct business for more than a one-hour period unless restroom facilities are available to the employees of the mobile food vendor. "Available restroom facilities" means that the employees need not walk more than 200 feet travel distance to an approved and readily available toilet and handwashing facility, or as otherwise approved by the Health Officer. The Health Officer may require proof in the form of written permission from the owner of the restroom facility.

(Added by Ord. No. 3401, effective 3-1-10)

6-20-3010 LOCATION OF OPERATIONS:

(a)    On-Street Operation. Pursuant to Vehicle Code section 22455, a mobile food vendor may stop to conduct business at a location within the right-of-way of a highway in the unincorporated area of the County if all of the following conditions are met:

(1)    The mobile food facility shall not constitute an encroachment on the highway.

(2)    The mobile food facility must be safely parked:

(A)    At least one hundred (100) feet from any intersection, including intersections with public alleys;

(B)    Where the applicable speed limit is 35 mph or slower;

(C)    In such a manner that travel upon the highway, vehicular access to any driveway, the view of drivers, or lawful movement of any vehicle on the public highway is not impeded;

(D)    In such a manner that patrons are not permitted to do business with the mobile food vendor from their vehicles;

(E)    In such a manner that patrons of the mobile food facility may safely park on the same side of the road as the mobile food facility and walk to and from the mobile food facility using a sidewalk or other area away from the highway; and

(F)    In such a manner that the window for patrons is on the side of the mobile food facility away from the traffic.

(3)    At all times, at least one employee working in the mobile food facility must have a valid driver’s license.

(4)    The mobile food facility cannot be connected to any utility service.

(5)    Unless other rubbish facilities are available, a mobile food facility shall provide rubbish containers for its patrons and shall remove the rubbish when the facility leaves the location. No other business equipment may be set out while the facility is parked on the street.

(6)    The mobile food vendor must enter into an appropriate indemnification agreement with the County.

(b)    Off-Street Operation.

(1)    A mobile food facility may be parked at a location off the public highway in the unincorporated area if all of the following conditions are met:

(A)    The mobile food facility must be safely parked at least 20 feet from the paved edge of any public highway and, if operating on a corner lot, at least 20 feet from the corner edge of the property that is the closest to the intersection of the public highways;

(B)    The mobile food facility as parked must not impede the view of drivers on the road;

(C)    Patrons of the mobile food facility must not be permitted to do business with the mobile food vendor from their vehicles;

(D)    Patrons of the mobile food facility must be able to safely park on the same side of the road as the mobile food facility and walk to and from the mobile food facility using a sidewalk or other area away from the highway; and

(E)    The window for patrons must be on the side of the mobile food facility away from traffic.

(2)    Pursuant to Health and Safety Code section 114317, the exterior of a mobile food facility and the surrounding area, as relating to the operation of food service, shall be maintained in a sanitary condition. Unless other rubbish facilities are available, a mobile food facility shall provide rubbish containers for its patrons and shall remove the rubbish when the facility leaves the location.

(3)    Business equipment, including but not limited to tables, chairs, and awnings, must be removed when a mobile food facility leaves a particular location, unless the mobile food vendor has written permission from the property owner to leave these items at the location. Utility connections to a mobile food facility are prohibited, unless the mobile food vendor (A) has written permission from the property owner, and (B) the mobile food vendor has complied with all applicable laws and ordinances for utility hookups. Any permanent improvement constructed at a particular location shall comply with all applicable laws, ordinances, and building and other codes.

(Added by Ord. No. 3401, effective 3-1-10; amended by Ord. No. 3490, effective 2-25-16)