HomeMy WebLinkAboutORD 676ORDINANCE NO. 676 1
L'
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 Councal of the City of Palm Desert,
California, DOES HEREBY ORDAIN as follows:
Section 1: Chapter 5.97 Is hereby added to the Palm
Desert lfunzcapal Code to read as follows:
Chanter 5.97: Food Vendina Vehicles:
5.97.010 Purpose and intent.
5.97.020 Definitions.
5. 97. 030 Permi t required.
5. 97. 040 Permit term and renewal.
5.97.050 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.
5.97.120 Insurance provzsions..
5.97.130 Inspection of food vending trucks.
5.97.140 Required signs and lettering.
5.97.150 Applicability of regulations to existing business.
5.97.160 Conducting as a nuisance.
Section 5.97.010: Purpose and intent:
The city council expressly finds that vehicles in which
produce, ice cream, confections and other frozen dessert or food
products are carried for purposes of retail sale on the public
streets pone special dangers to the public health, safety and
welfare of children and residents in the City of Palm Desert. It
is the purpose and intent of the city council, In enacting this,
to provide responsible companies and individuals vho engage In
the operation of food vending trucks vith clear and concise
regulations to prevent safety, traffic and health hazards, as
veil as to preserve the peace.
ORDINANCE NO. 676
REGULATING FOOD VENDING VEHICLES
Section S. 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,
pops1cles, frozen yogurt, confections and chilled desserts of any
kind.
(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.
lf1 "Food vendor" means any person, as defined in this
ch apt er, 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 drives, operates or
vends Prow 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.
Section 5. 97. 030: Permit required:
No person shall operate or cause the operation of a food
vending truck in the City 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.
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ORDINANCE NO. 676
REGULA TING FOOD VENDING VEHICLES
Section 5. 97. 040: Permit* - term and Renewal:
The term of the vendor permit, •.unless sooner suspended or
revoked, shall be annual. Upon the expiration of such term, the
permittee may renew the permit by paying the renewal fee as is
established by resolution of 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 of the city council, shall be paid to
the code compliance department 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 investigation 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 following information:
(1) The present or proposed address from which the business
is to be conducted;
l21 The full true name under which the business vill be
conducted;
(3) The full true name and any other names used by the
applicant;
(4) The present_ residence and business address and
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
ven s c1 e ;
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ORDINANCE NO. 676
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 dri ver 's 1 i cense, social security
number or other identification number;
(b) Date of birth;
(c) Acceptable written proof that each driver operator
is at least eighteen 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 cf the corporation itself, if different than the
applicant's place of business.
If the applicant is a partnership, the application
shall `how 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;
(12) 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 nat-ure 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.
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ORDINANCE NO. 676
REGULATING FOOD VENDING VEHICLES
(12) Such other identification and/or information as the
director code compliance may require in order to discover the
truth of the matters required to be set forth in the application;
and
(14) When any change occurs regarding the written
information required by this subsection of this section, prior to
or after issuance of a permit, the applicant shall give written
notification of such change to the director of code compliance
within two weeks of such 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.
Secti on 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;
(d) 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
of 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 hair not been convicted or pleaded nolo contendere 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
sale of a controlled substance specified in California Health
Safety Code Sections 11.054 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 authorized to obtain
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ORDINANCE NO. 676
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 1av shall
cause the application to be considered pending until adjudication
of the complaint.
Sect! on 5. 97. 060: Denial of oermi t :
(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 uermi t :
(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
l4) Violation by the permittee, or any employee,
subcontractor or independent contractor, of the permittee, of any
state law or municipal ordinance vhile in the course of
conducting vending operations from food truck pursuant to the
perm! 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
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ORDINANCE NO. 676
REGULATING FOOD VENDING VEHICLES
permi t. If a timely a ppea; is
revocation for a permit. If a timel
suspension or revocation shall be
effective only upon decision of the
suspension or revocation shall become
appeal period has expired.
filed, the suspension or
y appeal is filed, the
stayed and shall become
city council. Otherwise the
effective after the timely
(c) No person whose permit is revoked shall be eligible to
apply for a new permit for a period of one year following such
revocation.
Section 5. 97.100: Food vendino 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 his 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
facility;
(2J 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 in violation of
any other provision of this code, or, the California Vehicle Code;
(4) When any part of the food vending truck is open to
prospective customers other than on the side of the vehicle next
to the ripkt side of the street, alley or highway;
(5) When the Toad vending truck is not stopped, parked or -
standing on the right side of the street, alley or highway;
(6) When the prospective customer is standing or sitting in
another vehicle;
(7) When the prospective customer is located in that
portion of the street, alley or highway which is open to
vehicular traffic;
(8) Within seven hundred fifty feet of any eating and
drinking establishment;
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ORDINANCE NO. G 76
REGULATING FOOD VENDING VEHICLES
(a: No person shall operate, or cause to be operated any
z*-od vending =ruc:; with sound amplifying equipment in operation
per Sect_- or. 5. 7=. 020 of the municipal code; or
rbl Ne vehicle shall be parked for a period of time
emceedang te- (10) minutes at the request of a bona -fide
purchaser.
!c: No person shall back up a food vending truck to make or -
attempt a sale.
t'd.! No .manor shall ride in or on a food vending truck.
e.� No .more than two individuals shall be in or on a food
vending truck.
rf. Sucn venacies shall not operate on sundays or holidays
and shall only operate monday through saturday as follows:
(1) October, 1st - April 30th -- 9:00 a.m. to 5:00 p.m;
(2) May 1st - September 30th -- 9:00 a. m. to 7:00 p.m.
Section 5.97.120: Insurance provisions:
(ai It is unlawful for any person to own, lease, drive
operate or cause or permit to be driven or Ioperated 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 California,
anich 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 with the
consent, expressed or implied, of such owner, driver or person,
against loss from the liability imposed upon such owner, driver
or person by law for injury to, or death or, any person, or
damage to property growing out of the maintenance, operation or
ownership of any food vending truck in an amount of one million
dollars combined single limit, no aggregate.
ec) Cancellation, termination, or reduction in coverage of
any insurance policy filed with the City pursuant to this chapter
shall be Just cause for the city council to revoke the license.
(d) 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 f: om any and all liability, claims, loss, damages, or
e:, penses, including at torney's fees and court costs, arising by
reason os the death or injury of any person, including the
=acansee cr any person who is an employee or agent of the
1�censee, or bz =eascn of property damage to or destruction of
-ar, y p: per-:: , including property owned by the licensee or any
erscn wr ;s ar, amployee or agent of the licensee.
:nsurarce policy and every certificate of motor,
zn=urance filed within the city pursuant to the
C-napzcr snail contain the following
ORDINANCE NO. 676
REGULATING FOOD VENDING VEHICLES
(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 injury, or to the heirs, personal representatives,
administrators, executors or assigns of any such person vho may
be so damaged or injured or su_f fer 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;
(2) 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 ci t y 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 1av, each
food vending truck shall be equipped vi th 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 feet.
Sectl on 5.97.140: Required signs and lettering:
(a) ~:There shall be displayed in a conspicuous place on both
the Fronk: "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
placed.
lbl There shall be displayed in a conspicuous place on both
the right and left side of the food -vending truck lettering
permanently affixed showing the nature of the company or operator
of the food vending truck and the business address and telephone
number of the owner or operator. The lettering shall not be less
than Your inches in height, ana Shall be in contrast to the color
of the background upon which :hew art placed.
ORDINANCE NO. 676
REGULATING FOOD VENDING VEHICLES
(c) No other lettering, qumbering , price lists, signs or
insignia shall be displayed on the right and left side of the
food vending truck so as to interfere ,With the visibility of the
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
eff, ectivf, 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: Conducting as a nuisance:
Any food vending truck operated contrary to the provisions
o.f this chapter shall be and the same is hereby declared to be
unlavful and a public nuisance and the city attorney may, in
addition to or in lieu of prosecuting a criminal action
hereunder, commence an action or actions, proceeding or
proceedings, for the abatement, removal or enjoinment thereof, in
the manner provided by law, and may take such other steps and may
apply to such court or courts as may have jurisdiction to grant
such relief as vi11 abate or remove such establishment and
restrain and enjoin any person from operating a food vending
truck contrary to the provisions of this chapter.
Section 5.97.170: Exceptions:
The provisions of Section 5.97.110 shall not apply to rood
vending trucks servicing construction sites.
Section 2: The Ci t y Council does hereby determine this
ordinance to be an urgency ordinance and the same shall take
effect axwediately upon its passage because of the exposure of
school children being attracted to the vehicles and carts in and
around school areas and students being subjected to potential
hazardous conditions. In the interests of protecting the public
health, safety and velfare of its citizens, the City Council
determines that this ordinance shall be effective immediately.
ORDINANCE NO. 676
REGULATING FOOD VENDING VEHICLES
SECTION 3: The City Clerk shall certify to the passage
ana acopt;cn of this ordinance and shall cause the same to be
pub-'isned once in the Palm Desert Post, a newspaper of general
c.: culat=or., printed, published and circulated vithin the City of
Palen Desert, and the same shall be in full force and effect 30
aayE aster its adoption.
PASSED, APPROVED, and ADOPTED this 12th day of March
199" by the City Council of the City of Palm Desert, California
by the folloving vote, to wit:
A YE= : BENSON, CRI TES, SNYDER, WILSON, KELL Y
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
c
SHE" LA R. GILLIGAN,
C; TY OF PALJ DESERT
t y C1 erk
RICHARD S. KELL Y, MA Y