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HomeMy WebLinkAboutORD 669ORDINANCE NO. 669 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING FOOD VENDING VEHICLES AND DELETING SECTION 10. 48.120 OF THE MUNICIPAL CODE. WHEREAS, The City Council of the City of Palm Desert, Calliornza. DOES HEREBY ORDAIN as follows: Section 1: Chapter 5.97 is hereby added to the Palm Desert ;9unzczpal Coae to read as follows: Chapter 5.97: Food Vendino Vehicles: 5. 97. 010 Purpose and intent. 5. 97. 0I0 Defz nz t a ons. 5. 97. 020 Permit required. 5. 97. 040 Permit term and renewal. 5.:?7.050 Application for food vendor permit; contents; required fee. 5. 97. 060 Investigation of applications. 5. 97.070 Issuance of permit. 5.97.080 Denial of permit and appeal. 5. 97.090 Revocation of permit. 5. 97. 100 Food vending truck regulations. 5, 97. 110 Prohibited conduct. 5.97.1�0 Insurance provisions.. 5. 97, 1JO Inspection of food vending trucks. 5. 97. 140 Required signs and lettering. 5. y7. 150 Applicability of regulations to existing business. 5. 97, 160 Conducting as a nuisance. Section 5.97.010: Purpose and intent: The city council expressly rinds that vehicles in wnzcn produce, ice cream, confections and other frozen dessert or -food products are carried for purposes of retail sale on the public streets pose special dangers to the public health, safety ano welfare of children and residents in the City of Palm Desert. It as the purpose and intent of the city council, in enacting this, to provide responsible companies and individuals who engage in the operation of rood vending trucks with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace. t ORDINANCE NO. 669 REGULATING FOOD VENDING VEHICLES Section 5. 97.020: Definitions: As used in this chapter; (a) "Food vending truck" means any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales on any public street, alley or highway within the City of Palm Desert of produce, food, ice milk, popsicles, sherbets, frozen yogurt, frozen dessert products and confections or food of any kind. The inventory of these vehicles need not be necessarily limited to produce, food, confections, frozen dessert products or food. (b) "Food" means items intended primarily for consumption by human beings. (c) "Frozen dessert product" includes food, ice milk, popsicles, frozen yogurt, confections and chilled desserts of any ki n d. (d) "Person" means any natural person, firm, partnership, association, corporation, stockholder and includes, but is not limited to, owners, operators,, drivers, lessors and lessees of food trucks. (e) "Vend" or "vending" means offering food products of any kind for sale from a motor vehicle on a street, alley, highway or public place within the City of Palm Desert and includes the movement or standing of a food vending truck for the purpose of searching for, obtaining or, soliciting retail, sales of products. (f) "Food vendor" means any person, as defined in this chapter, who: (1) Conducts or permits or causes the operation of food vending trucks; (2) Owns, operates, controls, manages or leases food vending trucks; or (2) Contracts with persons to drive and vend from food vending trucks. (g) "Operator" means any person who dri ves, operates or vends from a food vending truck and shall include the driver and assistant on each food vending truck. (h) "Vendor's permit" means a permit issued by the City of Palm Desert authorizing the holder thereof to engage in thee business of food vending. Sect i on S. 97. 030 : Permit re aui red : No person shall operate or cause the operation of a food vending truck in the Ci t y of Palm Desert without a vendor's permit issued pursuant to the provision of this chapter and any other license or permit required under any other chapter of this code for each and every food vending truck. ORDINANCE NO. 669 REGULATING FOOD VENDING VEHICLES Section 5. 97.040: Permit. term and Renewal: The term of the vendor permit, unless sooner suspended or revoxed, snail be annua.i. Upon the expiration of such term, the permit tee may renew the permit: by paying the renewal fee as is established by resolution oz the city council. If there is substantial changes in the original application, a new application shall be required in conformance with Section 5.97.050. Section 5.97.050: Application for food vendor permit; contents; required fee: (a) Any person desiring to obtain a permit to operate or cause the operation of one or more food vending trucks shall obtain an application from the director of code compliance. Prior to submitting such application a nonrefundable fee, as established by resolution or the city council, shall be paid to the code compliance departmenz: to defray, in part, the cost of the investigation and report required by this chapter. After an application permit has been filed With the director of code compliance, he shall cause an in vests gation to be made by the health officer and chief -of -police. Permit issuance fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code. (b) Neither the filing of an application for a permit, nor the payment of an application fee, shall authorize the vending from, operation or management of a food vending truck until such permit has been granted or renewed. (c) Each applicant for a permit to conduct business as a food vendor shall furnish the iollowino information: (1) The present or proposed address from which the business as to be conducted; (2) The full true name under which the business wail be conducted; (.3) The full true name and any other names used by t::e applicant; (4) The present resiaence and business address anv telephone numbers of the applicant; (5) A description of the merchandise which the food vending trucks will vend; (6) The number of vehicles to be owned, operated or controlled by the applicant and the makes, body styles, years, serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehi cl e; ORDINANCE NO. 669 REGULATING FOOD VENDING VEHICLES (7) A description of the. logo, color scheme, insignia, and any other distinguishing characteristics of applicant's vehicles; (8) A policy of insurance in the, manner and form required by this chapter from a responsible, solvent insurance carrier authorized to issue public liability, and property damage insurance in the state of California; (9) The full and true names, addresses and telephone numbers of all persons employed or intended to be employed, or With whom the applicant has contracted, leased or intends to contract with as driver operator of the applicants vending vehicles, and in addition, their: (a) California driver's license, social security number or other identification number; (b) Date of birth; (c) Acceptable written proof that each driver operator - is at least ei gh t een years of age. (10) If the applicant is a corporation, the name shall be stated exactly as set forth in its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors, and each stockholder, owning not less than ten (10X) percent of the stock of the corporation, and the address of the corporation itself, if different than the applicant's place of business. If the applicant is a partnership, the application shall show the name and residence address of each of the partners including limited partners, and the address of the partnership itself, if different than the applicant's place of business; (11 ) All criminal convictions of the principals, operators, drivers excluding minor, traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature and sentence of each such conviction; 112) The applicant, if other than an individual, shall also furnish the following information: (a) Each business address of the applicant for the three-year period immediately preceding the date of the application and the inclusive dates of each such business; (b) The nature of the business or firm for the three- year period immediately preceding the date of the application; and (c) The permit history of the applicant for the three- year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation. 4 ORDINANCE NO. 669 REGULATING FOOD VENDING VEHICLES (1C) =uch other iaenriszcat-ion ana:or information as the directo code compliance ,may require in order to discover the trut,� oz the matters required to be set forth in the application; and c1:4/ When any change occurs regarding the writ_en ins2r.maticn required by this subsection of this section, prior to or after issuance of a permit, the applicant shall give written notificat-zon o- such change to the director of code compliance within two weeks of aucn change. Section 5. 97.060: Investigation of application: The health officer and chief -of -police shall have a reasonable period of time in which to investigate the application and background of the applicant for a vendor's permit. Section 5. 97. 070: Issuance of permit: The director of code compliance within ten days after receiving approval from the health officer, and chief -of -police, shall grant the vendor's permit if he finds that all of the .following requirements have been met: (a) The required fees have been paid; (b) The application conforms- in all respects to the provisions of this chapter; (c) The applicant has not knowingly made a material misrepresentation of fact in the application; ai The applicant has fully cooperated in the investigation of the application; (e) The applicant if an individual; or any of the directors, officers or stockholders holding more than ten percent oI the stock of the corporation; or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from a food vending truck or a natural person employed or contracted with to be a driver has not been convicted or pleaded polo contender& or guilty within five years prior to his application for a permit to a misdemeanor or felony crime of moral turpitude or drug -related misdemeanor or felony crime, including but not limited to: the sa".e of a controlled substance specified in California Health Eafety code Sections 11.05q through 11058: the sale, distribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; permitting gambling, pool selling or bookmaking; or in the case of applications for an operator's permit, alcohol or drug -related traffic offenses. The investigating city employee is specifically authorscea to oDtain ORDINANCE NO. 669 REGULATING FOOD VENDING VEHICLES state summary criminal history record information as provided for in Section 11105 of the California Penal Code. Any complaint for the above -listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint. Section 5. 97. 080 : Denial of permit: (a) If the director, of code compliance finds that the requirements set forth in Section 5. 97.070 have not been met, he shall deny the application for a vendor's permit. In the event the application is denied, by the director of code compliance, written notice of such denial shall be given to the applicant specifying the basis for such denial. Notice of denial shall be deemed to have been served if, in fact, it is personally served to the applicant or when deposited in the United States mail with prepaid postage and addressed to the applicant at his or her residence address as set forth in the application. (b) Any applicant whose application for a food vendor permit has been denied, by the director of code compliance, may appeal such denial to the city council. Section 5. 97. 090 : Revocation of permit: (a) Any vendor permit may be suspended or revoked by the director of code compliance for any of the following reasons: (1) Falsehood of any information supplied by the permittee upon which issuance of the permit was based; (2) Failure of the permittee to notify the director of code compliance within two -weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based; (3) Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in Section 5. 97.110 through 5. 97.160 inclusive; or (4) Violation by the permittee, or any employee, subcontractor or independent contractor, of the permittee, of any state 1av or municipal ordinance while in the course of conducting vending operations from food truck pursuant to the permi t . (b) No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder, at such permit holder's residence address as set forth on the application for a R ORDINANCE NO. 669 REGULATING FOOD VENDING VEHICLES permit. If a timely appeal is filed, the suspension or revocation for a permit. If a tamely appeal is filed, the suspension or revocation shall be stayed ana shall become eifecta ve only upon decision of the city council. Otherwise the suspension or revocation shall become effective after, the tamely appeal period has expired. (c) No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such re voca t a on. Section 5.97.100: Food vending truck regulations: ( a ) Each food vending truck shall have a current, valid county of Riverside health inspection sticker affixed to the lower right side of the windshield and a current, valid business license decal affixed as specified in Section 5.04.200 of the Palm Desert Municipal Code. (b ) Each individual who drives, operates or vends from a food vending truck shall have on has person a current, valid California driver's license, which he shall make available for inspection by law enforcement officials or code compliance officers upon request. Section 5. 97. 110 Prohibited conduct: (a) No person shall vend from a food vending truck which is stopped, parked or standing on any public street, alley or highway when the following apply: (1) Within fifteen hundred feet of the nearest property line of any school property, park, playground or recreational Yacslaty; (f) When the posted speed limited on the public street, alley or highway is thirty-five miles per hour or greater; (3) When the food vending truck is parked an violation oY any other provision of this code, or the California Vehicle Code; (4) When any part of the food vending truck is open to prospect customers other than on the side of the vehicle ne t to the t side of the street, alley or highway; (5) =»- on the Toad vending truck as not stopped, parked or standing on the right side of the street, alley or highway; (6) When the prospective customer is standing or sitting an another vehicle; ("7) When the prospective customer is located an that portion of the street, alley or highway which is open to vehicular traffic; sd) Within seven hundred fifty feet of any eating and drinking establishment; ORDINANCE NO. 669 REGULATING FOOD VENDING VEHICLES (a) NC person shall operate, or cause to ce operated any 2=0C �'� QinQ trL',ti With sound ampl-zSyang equipment in operation per �ecti on 5. 9=. 0- 0 of the municipal code; or ibNo vehac.-:e shall be parked for a period of tame exceeding ten '10) minutes at the request of a bons -=:.ae purchaser. �c) No person shall back up a food vending track tc •-,7ake or attempt a sale. d) No minor shall ride in or on a food vending truck. (e) No more t. an two indi viduals shall be in or, : n a fooc vending truck. cfi Such vehicles shall not operate on sundays or holidays and snal1 only operate monday through Saturday as follows: (I; October 1st - April 30th -- 9: 00 a.m. to 5: 00 p.m, !.l May 1st - September 30th -- 9:00 a.m. to 7:00 p.m. Section 5.97.120: Insurance provisions: (a) It is unlawful for any person to own, lease, drive operate or cause or permit to be driven or operated any food vendingtruck in the City of Palm Desert unless such person has submitted with his application for a permit a motor vehicle policy issued by a solvent corporation holding a certificate of authority to do insurance business in the state of Cali;ornia, which policy shall conform in all respoects to the requirements of this chapter. (b) The required motor vehicle liability policy shall insure the owner, driver, and any other person using or responsible for the use of any food vending truck w=th the consent, expressed or implied, of such owner, driver or person, against loss from the liability imposed upon such owner, dr. er or person by law for 1n,7ury to, or death or, any per= gin, 0r damage to property growing out of the maintenance, operation or ownership of any food vending truck in an amount of one -7il_ion dollars combined single limit, no aggregate. (c) Cancellation, termination, or reduction in coverage of any insurance policy filed with the City pursuant to this chapter shall be just cause fop- the city council to revoke the license. id) As a condition of being granted a license pursuant to this chapter, the licensee shall promise, on an application form provided by the city, to indemnify and hold the city free and harmless from any and all liability, claims, loss, damages, or expenses, including attorney's fees and court costs, ar;sir.g by reason cf the death or in3ury of any person, including the licensee or any person who is an employee or agent of the licensee, or by reason of property damage to or of any property, including property owned by the license= :. ay ter -gin wno :c7 3.'1 or acenc JS the licensee. ORDINANCE NO. 669 REGULATING FOOD VENDING VEHICLES e) Every insurance policy and every certificate of motor Vehicle liability insurance filed within the city pursuant to the provisions of this chapter shall contain the followsr.a endorsements: (1) It is hereby understood and agreed that, notwithstanding expressions consistent with or contrary, thereto in this policy is expressly issued to cover a motor vehicle regulated by the provisions of Chapter 10 of the Palm Desert Municipal Code. This policy shall inure to , and be for the benefit and protection of, anyone who shall sustain any damages or in,7ury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or sufffer death, by reason of the operation of the motor vehcile or from the defectie condition thereof. Liability under this policy shall in no manner be abrogated or abated by the death or dissolution of the insured; (: ) There is continuing liability up to the full amount of the policy, notwithstanding any action or recovery thereon; (3) No cancellation or reduction in coverage of this policy for any reason whatsoever shall become effective until the expiration of thirty days after written notice of such cancellation or reductio in coverage shall have been given to the city clerk ofthe City of Palm Desert. Said period of thirty days to commence running from the date said notice is actually received in the office of the city clerk; and (4) All such policies shall contain a provision naming the city as an additional insured. Section 5. 97, 130: Inspection of food vending trucks: (a) In addition to other equipment required by law, each food vending truck shall be equipped with the following: (1) A convex mirror mounted so that the occupant of the driver's seat can see the area in front of the truck which is obscured by the vehicle's hood; and (2) A back-up alarm audible for a distance of at least one hundred twet. Section S.97.140.- Reauired signs and lettering: (a) There shall be displayed in a conspicuous place on both the front and back of the food vending truck appropriate warning signs or lettering, e.g. "CAUTION CHILDREN. " The lettering shall not be less than six inches in height and lettering shall be in contrast to the color of the background upon which they are p1 a ced. ORDINANCE NO. 669 REGULATING FOOD VENDING VEHICLES b� There wall be dist•layed in a conspicuous place on both the right and 1eYt side oY the food -vending truck lettering permanently affz::ed showing the nature of the company or operator az" t ;e vending --ruck and the business address and telephone number oY the owner or operator. The lettering shall not ce less than Lour inches in .:sight, and shall be in contrast to the color oY the Dac„ground upon which they are placed. ;c) No other lettering, numbering , price lists, signer jr insignia shall be displaced on the right and left side oY :e faoa amending truck so as to interfere with the visibility oY t.^e lettering required in subsection (b) of this section. Section 5.97.150: Applicability of regulations to existing business: The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this chapter into law. All such persons and businesses shall have thirty days from said effective date to file a completed application for vendors' permits with the director of code compliance. Section 5.97.160: Conductiny as a nuisance: , Any food vending truck operated contrary to the provision - of this chapter, shall be and the same is hereby declared to 5e unlawful and a public nuisance and the city attorney may, zn adaition to or, in lieu of prosecuting a criminal ac=zon hereunder, commence an action or actions, proceeding_. proceedings, for the abatement, removal or en joinmen t ther= oz , _n the manner provided by law, and may take such other steps ano -ay apply to such court or courts as may have ,jurisdiction to grant such, relief as will abate or remove such establishment a na restrain and enjoin any person from operating a food venaz;g truck contrary to the provisions of this chapter. Section 5.97.170; Exceptions: The provisions of Section 5. 37. 110 shall not apply to food vending trucks servicing construction sites. ORDINANCE NO. 669 REGULATING FOOD VENDING VEHICLES SECTION 2: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published and circulated within the City o� Palm Desert, and the same shall be in full force and effect 20 days after its adoption. PASSED, APPROVED, and ADOPTED this 1 th day of Mar=h 199-2, by the City Council of the City of Palm Desert, California by the following vote, to Wit: AYES: BENSON, CRITES, SNYDER, WILSON, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE ed'4' di4 RICHARD S. KELLY, M 'OR ATTEST: SHEILA R. GI�LIGAN,/ ity Clerk CITY OF PALM DESER