HomeMy WebLinkAboutURGENCY Ord 1269 - Food Vending Trucks MoratoriumKlassen, Rachelle
From: Stanley, Jane
Sent: Monday, April 07, 2014 8:22 AM
To: Tanner, Van
Cc: Klassen, Rachelle
Subject: FW: comment on food vending trucks
From: TERRYPRODCaaol.com fmailto:TERRYPROD(aol.comj
Sent: Saturday, April 05, 2014 12:44 AM
To: CityhallMail
Subject: comment on food vending trucks
Hello Mayor Tanner,
I hope that the City of Palm Desert will only allow food vending trucks in the area's of the city deemed industrial by the 10
Freeway. Los Angeles was overrun by them years ago and it doesn't create a presence like of what Palm Desert strives
to be like in appearance. It creates a eyesore and steers clear visitors from establishments when these trucks are present.
Businesses lose money and the city doesn't get what it expects from a business in revenue when they are near them.
Terry Wood
Palm Desert
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CITY OF PALM DESERT
CITY ATTORNEY
STAFF REPORT
REQUEST: CONSIDERATION OF AN URGENCY ORDINANCE N0.1269
MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON
THE OPERATION OF FOOD VENDING TRUCKS WITHIN THE
PUBLIC RIGHT-OF-WAY BY AMENDING PALM DESERT
MUNICIPAL CODE SECTION 5.97.110(A) TO PROHIBIT SUCH
OPERATION.
SUBMITTED BY: David J. Erwin, City Attorney
APPLICANT: City of Palm Desert
DATE: April 10, 2014
CONTENTS: Draft Urgency Ordinance No. �269
Ordinance No. 1268
Recommendation
That the City Council waive further reading and approve Ordinance
NO. 1269 making findings and establishing a moratorium on the operation
of food vending trucks in the public right of way by amending Palm Desert
Municipal Codes Section 5.97.110(A) to prohibit such operation
Discussion
On March 13, 2014, the City Council adopted Ordinance No. 1268 which provides a
comprehensive scheme of regulation for food vending trucks on public rights of way,
and other public and private property. Ordinance No. 1268 will become effective on April
12.
Representatives of the food truck industry have objected that the sections of Ordinance
No. 1268 regulating food trucks in the public riaht of wav are preempted by the
California Vehicle Code. Vehicle Code section 22455 states that cities may regulate the
time, place and manner of vending trucks to protect the public safetv. However, the law
is unclear regarding food trucks, and there is considerable controversy surrounding the
scope of the cities' ability to regulate food trucks in the public right of way to protect
public safety. Several California cities are currently in titigation on this exact issue.
Staff Report
Urgency Ordinance Food Vending Vehicles
Page 2 of 2
April 10, 2014
In an abundance of caution, the City Attorney recommends that the City Council adopt a
moratorium on the operation of food trucks in the public right of way pending a staff
study of the corresponding safety issues, and hopefully, clarification of state law. Staff
estimates that the study will take six (6) months.
The draft ordinance contains findings establishing the urgency of prohibiting the
operation of food trucks pending staff study of the issues. The moratorium is
implemented by amending a portion of Ordinance No. 1268, Municipal Code section
5.97.110(A), to prohibit the operation of food vending trucks in the public right of way.
The other portions of Ordinance No. 1268, which regulates food trucks on public and
private property, are left intact.
This urgency ordinance will take effect immediately and must be approved by a four-
fifths vote.
Submitted By:, CITY COUNCIL�TION
�' ,� APPROVED DENiFD
RECEIVED OTHER
�/�� ��.. �r�
r� -�D �'(1�
David . Erwi , City Attorney MI; I DAT ''
AYES: ; .r ' ' ,TC�✓'Ji �
NOES:
Ap roval: Ai3SENT:
' AI3STAIN: �
,' � VF,RIFIED BY:
�—"�.� Original on File with City�. erk's Offce
n M. Wohlmuth, City Manager
ORDINANCE NO. 1269
AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA MAKING FINDINGS AND ESTABLISHING A MORATORIUM
ON THE OPERATION OF FOOD VENDING TRUCKS WITHIN THE PUBLIC
RIGHT-OF-WAY BY AMENDING PALM DESERT MUNICIPAL CODE
SECTION 5.97.110(A) TO PROHIBIT SUCH OPERATION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Findings.
A. In the proper locations, food vending trucks provide a useful public service to
workers and others seeking refreshment and as part of special events.
B. If not regulated as to location and operation, food vending trucks have an
adverse impact on the public health, safety and welfare including, but not limited to,
exposing pedestrians and customers to vehicular traffic, locating in areas with insufficient
parking and contributing to litter and other public nuisances.
C. Food vending trucks operating the public right-of-way especially threaten the
public health, safety and welfare as they have the potential to create traffic hazards when
other vehicles stop to make purchases from such facilities disrupting traffic flow and
distracting drivers.
D. The scope of cities' ability to regulate food vending trucks operating within the
public right-of-way is currently unclear and numerous Southern Californian cities'
ordinances have been challenged. Until these challenges are decided by the courts, the
scope of permissible regulations is unclear.
E. The City Council recently adopted Ordinance No. 1268 that amends Chapter
5.97 of the Palm Desert Municipal Code regarding food vending trucks. Some have
questioned whether the regulations set forth in Ordinance No. 1268 appropriately regulate
food vending trucks operating within the public right-of-way.
F. To address community concerns regarding the establishment and operation
of food vending trucks within the public right-of-way, it is necessary for the City of Palm
Desert to study the potential impacts such facilities may have on the public health, safety
and welfare.
G. Based on the foregoing, the City Council finds that food vending trucks
operating in the public right-of-way prior to the completion of the City's study of the potential
impact of such facilities, poses a current and immediate threat to the public hea�th, safety
and welfare, and that a moratorium on such operation is necessary.
H. The Community Development Director, in conjunction with the City Manager
and City Attorney, shall immediately commence to take steps to conduct a study of the
potential impacts of food vending trucks operating in the public right-of-way on the public
ORDINANCE NO. 1269
health, safety and welfare, and of possible amendments to the Palm Desert Municipal
Code.
SECTION 2. Imposition of Moratorium.
A. In accordance with the authority granted the City of Palm Desert under
Government Code sections 36937(b), the City Council hereby prohibits food vending trucks
from operating within the public right-of-way. Specifically, Palm Desert Municipal Code
subsection 5.97.110(A) is hereby revised to read as follows:
"A. No person shall vend from a Food Vending Truck which is
stopped, parked or standing on any public street, alley or highway
under any circumstances. No person shall vend from a Food Vending
Truck which is stopped, parked or standing on any public parking lot
when the following apply:"
B. Palm Desert Municipal Code subsections 5.97.110(A)(1)-(8) are unaffected
by the amendment to Palm Desert Municipal Code subsection 5.97.110(A) above.
C. This ordinance is an urgency ordinance adopted pursuant to the authority
granted to the City of Palm Desert by Government Code sections 36937(b) and is for the
immediate preservation of the public health, safety and welfare. The facts constituting the
urgency are:
(i) If not regulated as to location and operation, mobile food facilities
operating within the public right-of-way have an adverse impact on the public health, safety
and welfare as set forth in this ordinance;
(ii) The City of Palm Desert is currently evaluating whether to amend
Palm Desert Municipal Code Chapter 5.97 relating to the operation of food vending trucks
within the public right-of-way;
(iii) Absent the adoption of this urgency ordinance, the establishment and
operation of food vending trucks in the City would result in the negative and harmful
secondary effects, as identified above; and
(iv) As a result of the negative and harmful secondary effects associated
with food vending trucks, it is necessary to establish a moratorium on the operation of food
vending trucks in the public right-of-way, pending completion of the City's study of the
potential impacts of food vending trucks and possible amendments to the Palm Desert
Municipal Code.
SECTION 3. Compliance with California Environmental Quality Act.
The City Council finds that this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
2
ORDINANCE NO. 1269
for resulting in physical change to the environment, directly or indirectly; it prevents changes
in the environment pending the completion of the contemplated Palm Desert Municipal
Code review.
SECTION 4. Severability.
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid provision or application, and
to this end the provisions of this ordinance are severable. The City Council hereby declares
that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
SECTION 5. Effective Date.
This ordinance shall become effective immediately upon adoption if adopted by at
least a four-fifths vote of the City Council.
SECTION 6. Publication.
The City Clerk shall certify to the adoption of this ordinance and cause it, or a
summary of it, to be published once in a newspaper of general circulation printed and
published within the City of Palm Desert.
PASSED, APPROVED AND ADOPTED this day of April, 2014 by the
following four-fifths vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
3
ORDlNANCE NO. 1268
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING CHAPTER 5.97 OF THE PALM
DESERT MUNCIPAL CODE, REVISING REGUALT{ONS GOVERNING
THE OPERATI�N OF FOOD VENDING VEHICLES.
The City Council of the City of Palm Desert does hereby ordain as follows:
Section 1. That Chapter 5.97 Food Vending Vehicles, Sections 5.97.010
through 5.97.170 are hereby rescinded in their entirery and replaced with new Sections
5.97.010 through 5.97.170 shown in Exhibit A, attached.
Section 2. The City Clerk shall certify the passage and adoption hereof and is
hereby directed to publish this Ordir�ance in the Desert Sun, a newspaper of general
circulation, circulated in the City of Palm Desert, California. The Ordinance shall be in
full force and effect thirry (30) days after its adoption
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert,
California at its regular meeting this 13Tx day of March , 2014, by
the following vote, to wit:
AYES: BENSON, HARNIK, WEBER, AND TAtVNER
NOES: SPIEGEL
ABSENT: NONE
ABSTAIN: NONE �-�-----
/
�/�� y --i 1,�,-�
VAN G. TANNER, MAYOR
ATTEST:
R LLE D. KLASSEN, ITY CLERK
CITY OF PALM DESCRT, CALIFORNIA
3 ��� r2��`�
ORDINANCE NO. 1268
[This page has intentionally been left btank.]
ORDINANCE NO. 1268
EXHIBIT A
Chapter 5.97 FOOD VENDING VEHICLES
5.97.010 Purpose--Intent.
The city council expressly finds that vehicles in which produce,confections, and food �
products are prepared, cooked, and/or carried for purposes of retail sale on the public streets pose
special dangers to the public health, safety, and welfare ofchildren and residents in the City of
Palm Desert. It is the purpose and intent of the City Council, in enacting this, to provide
res�onsible companies and individuals who engage in the operation of Food Vending Trucks
with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to
preserve the peace. (Ord. 676 § 1, 1992; Ord. 669 § I, 1992)
5.97.020 Definitions.
As used in this chapter:
A. "Food Vending Truck"means any Category l, 3, 4, or 5 Mobile Food Facility as
defined by Riverside County Ordinance No. 580.5 that is equipped or primarily used for the
preparation and retail sale of food on any public street, alley, parking lot,or highway within the
city. The inventory of these vehicles need not be necessariIy timited to produce, food, or
confections.
B. "Food"means items intended primarily for consumption by human beings.
C. "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.
D. "Vend"or"vending"means offering food products of any kind for preparation or
sale from a Food Vending Truck as defined in Section 5.97.020.A on a street, alley, highway or
public place within the city and includes the movement or standing of a Food Vending Truck for
the purpose of preparing food for retail sale, or searching for, obtaining or soliciting rctail salcs
of products.
E. "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
3. Contracts with persons to drive and vend from Food Vending Trucks.
F. "Operator"means any person who drives, operates or vends from a Food Vending
Truck and shall include the driver and assistant on each Food Vending Truck.
ORDINANCE NO. 1268
Exhibit A- Page 2
Palm Desert Municipal Code Chapter 5.97
G. "Vendor's permit"means a permit issued by the city authorizing the holder
thereof to engage in the business of food vendin�. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992)
5.97.030 Permit—Required.
No person shall operate or cause the operation of a Food Vending Tr�ck in the city
without a vendor's permit issued pursuant to the provision of this chapterand any other license or
permit required under any other chapter of this code. Additionally, a Mobile Food Facility
Permit issued by the County of Riverside and certificates of inspection from the affice of the Fire
Marshai and the Code Compliance Division, are required for each and every Food Vending
Truck before the vendor's permit is issued. (Ord. b76 § 1, 1992; Ord. 669 § 1, 1992)
5.97.040 Permit—Term—Renewal.
The term of the vendor permit, uniess 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 are substantial changes in the original
application, a new application shall be required in conformance with Section 5.97.050. (Ord. 676
§ 1, 1992; Ord. 669 § 1, 1992)
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�ood Vending Trucks shall obtain an application from the city manager or designee. Prior
to submitting such application a nonrefundable fee, as established by resolution of the city
council, shall be paid to the code eompiianee departrnent to defray, in part, the cost of the
investigation and report required by this chapter. After an application permit has been filed with
the city manager or designee, 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 fvr a permit, nor the payment of an application
fee, shall authorize the vending frorrt, 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;
2. The futl true name under which the business will be conducted;
3. The full true name and any other names used by the appticant; ' "
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ORDINANCE NO. 1268
Exhibit A- Page 3
Palm Desert Municipal Code Chapter 5.97
4. The present residence and business address and telephone numbers of the
applicant;
5. A description of the merchandise that the Food Vending Trucks will vend;
b. 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 Iegal owners of each vehicle;
7. A description of the logo, color scheme, insignia, and any other distinguishing
characteristics of applicant's vehicles;
8. Insurance in the manner and form required by this chapter from a responsible,
solvent insurance carz�ier authorized to issue public liability, and property damage insurancc in
the state of California;
9. The full and true names, addresses and telephone numbers of all persons
employed or intended to be emptoyed,or with whom the applicant has contracted, leased or
intends to contract with as driver operator of the applicant's vending vehicles,and in addition,
thei r:
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 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 stackholder, owning not less than ten percent of the stock of the
corporation, and the address of the corporation itself, if different than the applicant's place of
busincss.
If the applicant is a partnership,the application shall show the name and residence
address of each of the partners, including timited 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:
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ORDINANCE NO. 1268
Exhibit A- Page 4
Paim Desert Municipal Code Chapter 5.97
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;
13. Such other identification and/or information as the city manager or designee 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,prior to or after issuance of a permit, the applicant shall give written notification of
such change to the city manager or designee within two weeks of such change. (Ord. 676 § 1,
1992; Ord. 669 § l, 1992)
5.97.060 Investigation of applitation. . .,,
The health officer and chief of police shall have a reasonable period of time in which to - �,
investigate the apptication and background of thc applicant for a vendor's permit. (Ord. 676 § 1,
1992; Ord. 669 § 1, 1992)
5.97.070 Permit—Issuance.
The city manager or designee, 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 applieant 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
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ORDINANCE NO. 1268
Exhibit A- Page 5
Palm Desert Municipal Code Chapter 5.97
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 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
11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent
exposure; selling or disposing of tottery tickets; permitted 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 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 befare a court of law shall cause the application
to be considered pending until adjudication ofthe complaint. (Ord. 676 § 1, 1992; Ord. 669 � t,
1992)
5.97.08Q Permit--Denial.
A. If the city manager or designee finds that the requirements set forth in Section
5.47.070 have not been met,he shall deny the application for a vendor's permit. In the event thc
application is denied by the city manager or designee, 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 thc
city manager or designee, may submit an appeal in writing to the city clerk within fifteen(1 S)
days of such deniat. The city council may refer the appeal to a hearing officer. (Ord. 676 § I,
1992; Ord. 669 § 1, 1992)
5.97.090 Permit Revocation.
A. Any vendor permit may be suspended or revoked by the city manager or designee
for any of the following reasons:
1. Falsehood of any information supplied by the permittee upan which issuance of
the permit was based;
2. Failure of the permittee to notify the city manager or designee 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 Sections 5.97.110 through 5.97.160 inclusive; or
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ORDINANCE NO. 1268
Exhibit A- Page 6
Palm Desert Municipal Code Chapter 5.97
�
4. Violation by the permittee, or any employee, subcontractor or independent
contractor of the permittee, of any state law or municipal ordinance while in the course of
conducting vending operations from food trucks pursuant to the permit.
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 petmit 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 permit. If an appeal is filed,
the suspension or revocation shall be stayed and shall become effective only upon decision of the
city council or, at the option of the city eouncil, by a hearing officer. The suspension or
revocation shall becorne effective after the timely appeal period has expired. The appeal shall be
in writing and filed with the City Clerk within fifteen (15)days of effective date of suspension or
revocation.
C. No person whose permit is revoked shall be etigible to apply for a new permit for
a period of one year following such revocation. (Ord. 676 § 1, 1992; Ord. 669 � 1, 1992)
5.97.100 Food vending truck regulations.
A. Each Food Vending Truck shall have a current, valid county of Riverside grade �—
card/decal 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 this 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. (Ord. 676 § 1,
1992; �rd. 669 § 1, 1992)
C. Condition/Appearance of Site.
l. The site where a Food Vending Truck is parked shall be maintained in a safe and
clean manner at all times.
2. Exterior storage of refuse, equipment or materials associated with the Food
Vending Truck is prohibited.
3. The Food Vending Truck shall maintain vehicular and pedestrian circulation and
access consistent with the Americans with Disabilities Act and all local and state
regulations.
....
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ORDINANCE NO. 1268
Exhibit A - Page 7
Palm Desert Municipal Code Chapter 5.97
4. Any Food Vending Truck parked out of the public right-of-way ta conduct
business must have the written consent of the property owner to do so. If such a Food
Vending Truck has written permission from the property owner, up to four tall stand-up
cocktail-type tables but, no chairs, no fences or other site furniture(permanent or
otherwise) shall be permitted.
D. Litter Control.
1. Any Food Vending Truck licensed by the County of Riverside as a Category 4 or
Category 5 Mobile Food Facility shall provide a minimum of two thirty-two(32)-gallon
litter receptacles within fifteen(15) feet of the vehicle. The receptacles will serve both
emptoyees and customers.
2. The Food Vending Truck vendor shall maintain the subject property and adjacent
right-of-way free of litter on and within one hundred(100) feet of the vending site.
3. All refuse shall be removed from the vending site and properly disposed of within
30 minutes of the close of vending for the day at that site.
E Security.
1. The vendor shall install signage indicating that loitering is not permitted and
customers may only remain on the lot for up to thirty(30)minutes after receiving their
food.
2. The vendor shall enforce the no-loitering rule.
3. The serving or consumption of alcohol shall be prohibited at vending sites.
F. Toilets and Handwashing Facilities
l. In order for a Food Vending Truck to remain parked and conducting business in
one location longer than one hour, it must be situated within Z00 feet travel distance of a
legally approved and permitted toilet and handwashing facility, or as otherwise approved
by the City, to ensure that restroom facilities are available to Food Vending Truck
employees. The Food Vending Truck operator must have permission of the property
owner to use the toilet and handwashing facility.
G. Food Vending Trucks operating as part of a special event permitted by the City
shall comport with the permissions and restrictions of the approved permit.
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ORDINANCE NO. 1268
Exhibit A- Page 8
Palm Desert Municipal Code Chapter 5.97
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,parking lot,alley or highway when the following apply:
l. When the Food Vending Truck is parked within one thousand five hundred feet of
the nearest property line of any school property,unless that school is a college, university, or
vocational schooI that primarily serves students older than 18 years of age;
2. When the posted speed limit on the public street, alley or highway greater than
thirty-five miles per hour;
3. When the Food Vending Truck is parked in violation of any other provision of
this code, or the Califomia 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 right side of the street, alley or highway;
5. When the Food Vending Truck is not stopped, parked or standing on the right side
of the street, alley or highway;
..-�,
6. When the prospective custorner is standing or sitting in another vehicle;
7. When the prospective customer is focated in that portion of the street, a11ey or
highway which is open to vehicular traffic;
8. When the Food Vending Truck is parked within seven hundred fifty feet of any
eating and drinking establishment,or any concession stand that is open for business at a public
park,unless the Food Vending Truck is associated with a certified farmer's market that is open at
the time that the Food Vending Truck is conducting business;
B. No person shall operate, or cause to be operated, any Food Vending Truck with
sound-amplifying equipment in operation per Section 5.92.030 of this code.
C. No person shall back up a Food Vending Truck to make or attempt a sale.
D. No minor shall ride in or on a Food Vending Truek.
E. Such vehicles shall only operate Monday through Sunday as follows:
1. October 1 st—Apri130th—9:00 a.m. to 5:00 p.m.
2. May l st—September 30th—9:00 a.m. to 7:00 p.m. (Ord. 676 § 1, 1992; Ord. �
669 § 1, 1992)
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ORDINANCE NO. 1268
Exhibit A - Page 9
Palm Desert Municipal Code Chapter 5.97
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 Vending Truck in the city unless such person has submitted with his
application for a permit the required insurance policies outtined in this section, which shall be
issued by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating of A- (or
higher) and Financial Size Category Class VII (or larger} in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Such policies shall conform in all respects to the requirements of this chapter.
B. The required motor vehicle liability policy shall insure the owner, driver, and any
othcr person using or responsible for the use of any Food Vending Truck with the consent,
exgressed 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 of, any person,or damage to
property growing out of the maintenance,operation or ownership of any Food Vending Truck in
an amount not less than $1,000,000 combined single limit for each accident, no aggregate.
Automobile Insurance shall be at least as broad as Insurance Service Office form CA 00 O1
covering bodily injury and property damage for all activities of the Food Vending Truck.
C. Licensee shall maintain commercial general liability insurance with coverage at least
as broad as Insurance Services Office form CG 00 O1, in an amount not less than $1,000,000 per
occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability. Defense costs shall be paid in
addition to the limits. The policy shall contain no endorsements or provisions limiting coverage
for(1)contractual liability; (2)cross liability exclusion for claims or suits by one insured against
another; or(3) contain any other exclusion contrary to the permit.
D. Licensee shall maintain Workers' Compensation Insurance (Statutory Limits) and
Lmployer's Liability Insurance (with limits of at least $1,000,000). Licensee shall submit to thc
City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of
the City of Palm Desert, its officers, agents,employees and volunteers.
E. Licensee may opt to utilize umbrella or exeess liabiIity insurance in meeting insurance
requirements. In sueh circumstances, Licensee shall obtain and maintain an umbrella or excess
liability insurance policy with limits of not less than 4,000,000 that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as the primary coverages
set forth above, including commercial general liability and employer's liability. Such policy or
policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would
otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary polieies; and
• Policies shall "follow form"to the underlying primary policies.
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ORDINANCE NO. 1268
Exhibit A- Page 10
Palm Desert Municipal Code Chapter 5.97
...
• Insureds under primary policies shall also be insureds under the umbrella or exccss
policies � --
F. 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 manager to revoke the license.
G. 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 of
Palm Desert free and harmless from any and all liability, claims, loss, damages,or expenses,
including attorney's fees and court costs,arising by reason of the death or injury 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 destruction of any propercy, including property owned by the licensee or
any person who is an employee or agent of the licensee.
H. Every insurance policy and every certificate of motor vehicle liability insurance
filed within the city pursuant to the provisions of this chapter shali contain the following
endorsements:
l. It is hereby understood and agreed that, notwithstanding expressions consistent
with or contrary thereto, each policy is expressly issued to cover a motor vehicle regulated by the
provisions of Chapter 10 of the Paim Desert Municipal Code. Each 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 who may be so --w
damaged or injured or suffer death,by reason of the operation of the motor vehicle or from the
defective 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 each policy, notwithstanding
any action or recovery thereon;
3. No cancellation or reduction in coverage of each policy for any reason whatsoever
shall become effective until the expiration of thirty days after written notice of such cancellation
or reduction in coverage shall have been given to the City Clerk of the 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 provide, or be endorsed to provide, that the City of Palm
Desert and its officers, officials, employees, and agents shall be additional insureds with regard
to liability and defense of suits or claims arising out of the performance under this permit. This
provislan shall also apply to any excess liability policies.
5. All insurance coverage maintained or procured pursuant to this permit shall bc
endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, ,.�
agents, officials, employees and volunteers or shall specificaIly allow Licensee or others
providing insurance evidence in compliance with these specifications to waive their right of _ o
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ORDINANCE NO. 1268
Exhibit A- Page 11
Paim Desert Municipal Code Chapter 5.97
recovery prior to a loss. Licensee hereby waives its own right of recovery against the City of
Palm Desert.
6. All insurance caverages shall be primary and any other insurance, deductible, or self-
insurance maintained by the indemnified parties shall not contribute with this primary insurance.
Policies shall contain or be endorsed to contain such provisions.
I. Licensee shall give City prompt and timely notice of claims made or suits instituted
that arise out of or resutt from Licensee's performance under this permit, and that involve or may
involve coverage under any of the required liability policies.
J. Licensee shall execute and maintain its work so as to avoid injury or damage to any
person or property. In carrying out its services, licensee shall at all times be in compliance with
all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees and the public appropriate to the nature of the work and
the conditions under which the work is to be performed.
K. Requirements of specific coverage features or limits contained in this Section are not
intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage,or a waiver of any type.
L. Licensee acknowledges and agrees that any actual or alleged failure on the part of thc
City to inform Licensee of noncompliance with any requirement imposes no additional
abligations on the City of Palm Desert nor does it waive any rights hereunder
� (Ord. 676 § I, 1992; Ord. b69 § I, 1992)
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 maunted 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. (Ord. 676 § 1,
1992; Ord. 669 § t, 1992)
B. In addition to such inspection of the Food Vending Truck as may be required by
other agencies, the City Fire Marshal shall perform an inspection of each Food Vending Truck
before it is put into service within city limits, and annually thereafter,coincident with renewal of
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ORDINANCE NO. 1268
Exhibit A- Page 12
Paim Desert Municipal Code Chapter 5.97
....
the vendor's permit. The City Fire Marshal shall issue a certificate of inspection to Food
Vending Trucks compliant with fire safety regulations.
5.97.140 Required 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. for Food Vending Trucks
permitted by the County of Riverside as Category 3 Mobile Food Facilities(ice cream trucks)
"CAUTION CHILDREN."The lettering shatl 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.
B. 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 he less than four inches in height, and shall be in
contrast to the color of the background upon which they are placed.
C. No other lettering, numbering, 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. (Ord. 676 � 1, 1992; Ord. 669 § 1, 1992)
5.97.150 Applicability of regulations to existing businesses. r y
The provisions of this chapter shall be applicable to all persons and businesses described
in this chapter whether the activities described in this chapter 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 city manager or designee. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992)
5.97.160 Conducting as a nuisance.
Any Food Vending Truck operated eontrary to the provisions of this chapter is declared
to be unlawful 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 will abate or remove such establishment and restrain and enjoin any person
from operating a Food Vending Truck contrary to the provisions of this chapter. (Ord. 676 § l,
1992; Ord. 669 § 1, 1992)
5.97.17Q Exceptions—Construction sites.
The provisions of Section 5.97.110 shall not apply to Food Vending Trucks servicing '""
construction sites. (Ord. 676 § 1, 1992; Ord. 669 § l, 1992)
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