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DEPARTMENT OF COMMUNITY D�i��@P��#��-� ��# Y� �� .�`:.�`��_,���'
STAFF REPORT
REQUEST: APPROVE ORDINANCE NO. l�hs AMENDING PALM
DESERT MUNICIPAL CODE CHAPTER 5.97 FOOD VENDING
VEHICLES, AND ADOPT RESOLUTION NO. ?�14-14
ESTABLISHING INSPECTION FEES FOR FOOD VENDING
TRUCKS
SUBMITTED BY: Lauri Aylaian, Director of Community Development
APPLICANT: City of Palm Desert
DATE: February 27, 2014
CONTENTS: Draft Ordinance No. 1�68 , redline and clean versions
Resolution No. ?�14-14
County of Riverside Ordinance No. 580.5
Recommendation
By Minute Motion:
1) Waive further reading and pass Ordinance No. 126s to second
reading, approving changes to Chapter 5.97 of the Palm Desert
Municipal Code, Food Vending Vehicles; and
2) Adopt Resolution . ?014-14 , to establish inspection fees for said
vehicles.
Executive Summary
Approval of the staff recommendation will initiate changes to the way that food trucks
are regulated in the City of Palm Desert. These changes will compliment recent
changes to the way in which Riverside County inspects and licenses these vehicles,
and will expand the places in which the trucks are allowed to do business in Palm
Desert. It will increase the range of inenu offerings such that foods can be prepared on-
the-spot, rather than simply being sold as pre-packaged items, as is currently allowed.
Staff Report
Modifications to PDMC Chapter 5.97 Food Vending Vehicles
Page 2 of 3
February 27, 2014
Backqround
Until now, food trucks in Palm Desert have been limited to selling prepackaged foods, hot
dogs, popcorn, shaved ice, and hot beverages during daytime hours six days a week.
They have not been permitted to operate near parks, schools, recreation facilities, and
dining and drinking establishments. Some of these restrictions were due to regulations
imposed by Riverside County, who inspects and licenses the vehicles themselves, and
some of the restrictions were imposed by the City of Palm Desert, who governs the time,
place, and manner in which the food trucks operate.
Riverside County has recently eased restrictions on food trucks, allowing them to prepare
food on-the-spot. The County will continue to inspect, grade, and permit all types of
"mobile food facilities," from produce trucks (termed "Category 1 Mobile Facility Facilities"
by the County) to push carts (Category 2) to full-fledge kitchens in trucks (Category 5).
Their new regulations will take effect in April 2014. The County's actions will provide
protection of the health and safety of the public, while recognizing the increased
popularity of gourmet food trucks across the country.
Staff has reviewed the new County ordinance to determine what modifications are
needed to the Palm Desert Municipal Code (PDMC) in order to make the two codes
compatible. As part of this review, staff identified several changes that could be made to
the PDMC that would increase the viability of food trucks in Palm Desert without
materially detracting from the success of established restaurants in the City. These
changes, which are detailed in the attached ordinance, are summarized here:
• Vending would be allowed seven days a week, including on holidays, but limited
to hours between 9 a.m. and 5 p.m. (until 7 p.m. in the summer months).
• Food trucks would be allowed to set up near parks, recreation facilities, and in
parking lots. Permission of the property owner would be needed if the food trucks
park on private property.
• The prohibition of vending within 1,500 feet of schools and 750 feet from eating
or drinking establishments would remain in place.
• Food trucks would be allowed at a farmer's market, regardless of the proximity of
brick-and-mortar restaurants.
• The City Manager (or his designee) would retain the capability of revoking a
license, but the City Council could appoint a hearing officer to handle appeals,
rather than serving as the appeals body themselves.
• In addition to the health-related inspections and licensing performed by the
County, the City's Fire Marshal would annually inspect the fire safety equipment
of trucks that cook (Category 5 Mobile Food Facilities).
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Staff Report
Modifications to PDMC Chapter 5.97 Food Vending Vehicles
Page 3 of 3
February 27, 2014
• Vendors that are parked outside of the public right-of-way would be able to place
up to four tables for their customers near their vehicle, provided that they have
permission of the property owner.
• Push carts (Category 2 Mobile Food Facilities) will continue to be regulated by
PDMC Chapter 5.99 Food Sale from Push Carts.
Environmental Review
The Director of Community Development has reviewed the proposed modifications to
the Palm Desert Municipal Code and determined that it can be seen with certainty that
there is no possibility that they may have a significant adverse effect on the
environment. Therefore, this activity is not subject to the California Environmental
Quality Act (CEQA), and no further study is needed. (Refer to 15061(b)(3) of the CEQA
Guidelines.)
Fiscal Analvsis
No significant change to City revenue or expenditures is expected as a result of
adopting these modifications to the Palm Desert Municipal Code. Any increased sales
tax revenue from the food vending trucks is likely to be offset from decreased sales tax
from restaurants. The cost of vehicle inspections performed by Code Compliance
Officers and the Fire Marshal will be borne by the vendors, who will pay a fee for the
inspections.
Submitted By:
�--'—.
� �
Laur' laian, Com unity Develop irector
P I S. Gi on, Finance Director
Ap val: ;
J n M. Wohlmuth, City Manager
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING THE CITY OF PALM DESERT FEE
SCHEDULE TO INCLUDE INSPECTION FEES FOR FOOD VENDING
TRUCKS
WHEREAS, the City Council of the City of Palm Desert, California, did on the
27tn day of February, 2014, did consider a request by the CITY OF PALM DESERT for
approval to establish inspection fees, as identified on Exhibit "A" for Food Vending
Trucks, as defined in draft Ordinance No. ; and
WHEREAS, said City Council did find the following facts and reasons to exist to
approve said request:
1. The City experiences real direct and indirect costs for the staff time required
for an inspection of a Food Vending Truck by a Code Compliance Officer and
by the Fire Marshal or his/her designee.
2. The inspections of said vehicles are necessary for the safety of the
employees of the Food Vending Truck vendor, and the vendor and his/her
employees are the primary beneficiaries of the inspections.
3. The cost of City services that benefit a particular individual or business, rather
than the City's residents as a whole, is appropriately borne by the beneficiary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That the City Council does hereby establish fees as identified on Exhibit "A" of
this resolution.
RESOLUTION NO.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Paim Desert
City Council, held on this 27th day of February, 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
RESOLUTION NO.
EXHIBIT "A"
FEES FOR THE INSPECTION OF FOOD VENDING TRUCKS�
Cateqory (as defined by County of Riverside Ordinance 580.5) Fee
Category 1 — Produce Vehicle (typically produce trucks) -0-
Category 2— Prepackaged Food Push Cart(typically ice cream push carts) -0-
Category 3— Prepackaged Food Vehicle (typically catering trucks and ice cream vans) -0-
Category 4— Non-prepackaged Food Vehicle and Mobile Support Unit(typically hot dog carts) -0-
Category 5— Mobile Food Preparation Unit (typically food trucks) $84.75
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING CHAPTER 5.97 OF THE PALM
DESERT MUNCIPAL CODE, REVISING REGUALTIONS GOVERNING
THE OPERATION 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 entirety 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 Ordinance 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 thirty (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 day of , 2014, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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 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 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 § 1, 1992)
5.97.020 Definitions.
As used in this chapter:
A. "Food Vending Truck" means any Category 1, 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 necessarily limited 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 r2'tail sales
of products.
E. "Food vendor" means any person, as defined in this chapter, who:
l. 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.
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 vending. (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 Truck 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 office of the Fire
Marshal and the Code Compliance Division, are required for each and every Food Vending
Truck before the vendor's permit is issued. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992)
5.97.040 Permit—Ternn—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 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 Food 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 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 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 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;
2. The fiill true name under which the business will be conducted;
3. The full true name and any other names used by the applicant;
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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;
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 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 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 applicant's 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 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 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;
12. The applicant, if other than an individual, shall also furnish the following
information:
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Exhibit A - Page 4
Palm 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 § 1, 1992)
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. (Ord. 676 § 1,
1992; Ord. 669 § l, 1992)
5.97.070 Permit—Tssuance.
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 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
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Exhibit A - Page 5
Palm Desert Municipal Code Chapter 5.97
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 lottery 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 before a court of law shall cause the application
to be considered pending until adjudication of the complaint. (Ord. 676 § 1, 1992; Ord. 669 § 1,
1992)
5.97.080 Permit—Denial.
A. If the city manager or designee 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 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 the
city manager or designee, may submit an appeal in writing to the city clerk within fifteen(15)
days of such denial. The city council may refer the appeal to a hearing officer. (Ord. 676 § 1,
1992; Ord. 669 § l, 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 upon 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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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 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 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 council, by a hearing officer. The suspension or
revocation shall become 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 eligible to apply for a new permit for
a period of one year following such revocation. (Ord. 676 § l, 1992; Ord. 669 § l, 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 § l,
1992; Ord. 669 § 1, 1992)
C. Condition/Appearance of Site.
1. 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 refiise, 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.
4. If the Food Vending Truck is parked outside of the public right-of-way and has
written permission from the property owner, up to four tall stand-up cocktail-type tables
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Exhibit A - Page 7
Palm Desert Municipal Code Chapter 5.97
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
employees 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 200 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.
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:
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Exhibit A - Page 8
Palm Desert Municipal Code Chapter 5.97
1. 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 school that primarily serves students older than 18 years of age;
2. When the posted speed limit 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 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 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. When the Food Vending Truck is parked within seven hundred fifty feet of any
eating and drinking establishment, 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 Truck.
E. Such vehicles shall only operate Monday through Sunday as follows:
1. October lst—April 30th—9:00 a.m. to 5:00 p.m.
2. May lst—September 30th—9:00 a.m. to 7:00 p.m. (Ord. 676 § 1, 1992; Ord.
669 § 1, 1992)
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 outlined 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
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Exhibit A - Page 9
Palm Desert Municipal Code Chapter 5.97
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
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 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 Ol
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
Employer's Liability Insurance (with limits of at least $1,000,000). Licensee shall submit to the
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 uCilize umbrella or excess liability insurance in meeting insurance
requirements. In such 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 policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds Lmder primary policies shall also be insureds under the umbrella or excess
policies
F. Cancellation, termination, or reduction in coverage of any insurance policy filed with
the city pL►rsuant to this chapter shall be just cause for the city manager to revoke the license.
g:\planning\lauri aylaian\food truck ordinance 2-20-14 clean.doc
Exhibit A - Page 10
Palm Desert Municipal Code Chapter 5.97
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 property, 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 shall contain the following
endorsements:
1. 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 Palm 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
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 tmtil 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
provision shall also apply to any excess liability policies.
5. All insurance coverage maintained or procured pursuant to this permit shall be
endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers,
agents, officials, employees and volunteers or shall specifically allow Licensee or others
providing insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Licensee hereby waives its own right of recovery against the City of
Palm Desert.
6. All insurance coverages 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.
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Exhibit A - Page 11
Palm Desert Municipal Code Chapter 5.97
I. Licensee shall give City prompt and timely notice of claims made or suits instituted
that arise out of or result 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 far
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 the
City to inform Licensee of noncompliance with any requirement imposes no additional
obligations on the City of Palm Desert nor does it waive any rights hereunder
(Ord. 676 § 1, 1992; Ord. 669 § 1, 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:
l. 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. (Ord. 676 § l,
1992; Ord. 669 § 1, 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
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)
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Exhibit A - Page 12
Palm Desert Municipal Code Chapter 5.97
"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.
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 be 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 § l, 1992; Ord. 669 § 1, 1992)
5.97.150 Applicability of regulations to existing businesses.
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 § l, 1992)
5.97.160 Conducting as a nuisance.
Any Food Vending Truck operated contrary 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 § 1,
1992; Ord. 669 § 1, 1992)
5.97.170 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 § 1, 1992)
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Chapter 5.97 FOOD VENDING VEHICLES
5.97.010 Purpase—Intent.
The city council expressly finds that vehicles in which produce, i��-��=,tionfectionss
and����c�-�r���e�E-���food products are ��re��arecl, �:c�«I:Lci, anc(t<�r carried for purposes of
retail sale on the public streets pose special dangers to the public health, safety,and welfare of
children and residents in the C�ity of Palm Desert. It is the purpose and intent of the C�ity
C'�ouncil, in enacting this, to provide responsible companies and individuals who engage in the
operation of�������1����t��Fc3cx� U�:nclii��7 "I'r«cl�s 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 § 1, 1992)
5.97.020 Definitions.
As used in this chapter:
A. "Food�1-�-Vei�clixi��t�Tr�zclz" means any <<-��=-�n-t��,,*�'�u�r==��x-�
��Y;, `'�---�n«���-��,'.,���C�ate�c7ry 1 3 -1-, c�r°� Mal7ile Fc�c�ci Fac:ilit�' a:; c�e;f'izaed (�v
I�iv�,rsi�le C"c���lt� C)rcli�lailce No. 5��.5 -ihat is equipped or primarily used for Che�re����t�titit�n
;�i���cl_retail sale�_ol f'oc�cl on any public street, alley .arkir�� lot, or highway within the city��
. _ . - . . . . . . , >_ . . .
. . , � . .y .._ ... � _ ..i . . i.q � . . . � . .. ..� . ... _. . ..i . . �. :. .. . . . , .>_ . .
;;� �„�����e-;--<=r���e;t�� e.;���:_��:The inventory of these vehicles need not be necessarily limited
to produce, food, ar confections;4��:���e��e-�=t--�����:��ca���{>���.
B. "Food" means items intended primarily for consumption by human beings.
, . „ . . . .
�. "�-�e�.: �.� =���}��}��..-..��� . ,� f��-t� � ��e�:�,���-i��+��;
�3t�'. "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 prepL�ratic�il c?I•
sale from a������t3���r�c:��el���oc�cl �'cc�di�����I"r�1ck��:, clel�itiec�in Sec;t�c�r��.�7.020.r�on a street, alley,
highway or public place within the city and includes the movement or standing of a I=�r�-a�.�l'��
TY'CTi�[CFUc��I �c:t�ci�i�7«T��:��k for the purpose of�����ce��ar�.�a.�� f�x�d fr�� retai.l sa,:(e, oi• searching for,
obtaining or soliciting retail sales of products.
�E. "Food vendor" means any person, as defined in this chapter, who:
1. Conducts or permits or causes the operation of'' 4,' Y �•,�,';•,�. ,�•.,��'�i:c�c�� Vet�clii��
���-�,�-��e�._ _
T�°i�cics;
2. Owns, operates, controls, manages or leases ' " _, :�Fc�oct Ve��ciiN�«
Trl�cl�s; or
Forma
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3. Contracts with persons to drive and vend from � , � �Fc���cl �'����li�l�
Tcl�c�Cs.
�F. "Operator" means any person who drives, operates or vends from a���=�x-A��
��kFc�c�ct S�ct�c�i�3�� Tt1�c(� and shall include the driver and assistant on each���^��te�
��r-�.��c�c��l ���;n�in�'I"ri�cl�.
�CT. "Vendor's permit" means a permit issued by the city authorizing the holder
thereof to engage in the business of food vending. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992)
5.97.030 Permit—Required.
No person shall operate or cause the operation of a�`��:�=a ..�,�';,Y� '��;��."c>r>ct �'�r�ciitl�
Tr��cl� in the city without a vendor's permit issued pursuant to the provision of this chapter—�
a��c� any other license or permit required under any other chapter of this code. �clditicmally, ��
M«17i1e I�t�c�c1 ��itcilit I'erinit issued b - t�rc. C'c�i�nt �t�f`kiv�rsi�le al�c� �;ertil'icate�; c>I�ins_ectic7i�
lic>��t th� c�(`(�ice of'tlze C�ire Marsh.�l atrcl the C��e C:cfr���liai�ce L7ivisit7n, <�re ret���irecl for eaeh and
every��",�n������-t-�-�x�a�Fc�c>d �'e��cliT��T�°�.�ck be;fc�st�� tl�e ve;r�dor'� �erxn�t �� is��l�;cl. (Ord. 676 §
1, 1992; Ord. 669 § 1, 1992)
5,97.040 Permit—Term—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 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 fiood vendor permit—Contents—Required fee.
A. Any person desiring to obtain a permit to operate or cause the operation of one or
more ���°��Fc3c,c1 Ve;��ci�x�� Trtac�:s shall obtain an application from the�_�
�+�c-�-t��I����iC�n�ai�a�cr �>���c�c5i�r�e�;. 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 �� •.- � � � ° �� � citv rr���n�i=>c,z• c��-
ctesi��7ee, 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
reqLiired 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�x �,�=�-���a f��€SFc�ocl
Ver�c�i�a�"T'l�rck 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:
Forma
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1. The present or proposed address from which the business is to be conducted;
2. �The full true name under which the business will 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 `=k�-t�iat the����-�°�.��,'�'-,��,��'c�t�� Ve��di��a�
"I'ri��:1:s 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 vehicle;
7. A description of the logo, color scheme, insignia, and any other distinguishing
characteristics of applicant's vehicles;
8. �`� ' q �lnsurance 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 applicant's 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 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 percent of the stock of the
corparation, 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 applicanYs place of business;
Forma
g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc '
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 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 ��� °' � '����e
��=r}���e�:it�� rn�ir�a�c,r or cie�i�nee 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 ��t���ca�=�c�f=-�c-.}%#�-�F3t���-��r�c�tv rr�tir�ac7er t�r d�:si<=���;� within two weeks of
such change. (Ord. 676 § 1, 1992; Ord. 669 § l, 1992)
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. (Ord. 676 § l,
1992; Ord. 669 § 1, 1992)
5.97.070 Permit—Issuance.
The � ' �•�citv,L;ri;��z�� er o,r��es��i�ee, 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;
Forma
g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc '
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 f�c�--°��.,�';.�� '°.,,�:'rFaca�J
"�'e���li���,`I`r��ck 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 lottery 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
before a court of law shall cause the application to be considered pending until adjudication of
the complaint. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992)
5.97.080 Permit—Denial.
f�. If t�1L' i�� `;�e`r'rr"s—c-Pi i;��`c.s�,`�,`c;+�'-z`-�''-r'g��r�i'ziii:.;�C;l� ' Il1i1T1A'�?f'[`C�(' C�CS1�7l1GG f1I1CIS t�lc'lt tlle
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 ? °n�°��-�������x-cT�������a��avLL�
�na�x��er c>r d�si�tl�c, 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
+�������������<3f�� '° � cit4' ta���t�4<<�,er cat ciesi�:n�;e, may si�bmit an appeal in ivritin,� ta i�Ye citv
cicrk��,itlilt� I�i�`te�rl(15} cla �s c�l"such denial. "I'I��. c°it�c���r�cil i���ay refer tYre a�.7�e:ll,.e����,=i�
� ��� m . tc��Iac�ri��� �ffl�ice��. (Ord. 676 § 1, 1992; Ord. 669 §
1, 1992)
5.97.090 Permit—Revocation.
A. Any vendor permit may be suspended or revoked by the�� - " ~�x-€�
���1�citx�na�3a�cr or clesi�iiee: 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 �'� ��� � ��;cilv x��ar�a�er c��-
desi�r�ce 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; Forma
g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc '
3. Failure of the permittee, or of any employees or subcontractors of the permittee,
to comply with the regulations set forth in Sections 5.97110 through 5.97.160 inclusive; or
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 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 permit. If� ' ���€� appeal
is filed, the suspension or revocation shall be stayed and shall become effective only upon
decision of the city council �31• at tl�c���tit»� �.�f tl�c cit��:c����cil, ���� G� tlearin{�f�ffieei•. ��'�=-'�'i::�
`l`�he suspension or revocation shall become effective after the timely appeal period has expired.
el��t �t���e��l���t�ll l�c; i��Nl�rriti��� a��cl lileci rn��itl� tllc; C'it �_ � C.1��_.1����i.t�riri f'i�t�e�i (15} clav� c�f�i:lf��cti�-.e
c���t� €�#`si�s�er��ic�r� oz•re;����catit���.
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. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992) Forma
;' Forma
5.97.100 Food vending truck regulations.
�; Forma
�'; Roman
A. Each�-�� '����'�Fc�c�cl �J4��c1ir�� Tx��.�ck shall have a current, valid county of ; Forma
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Riverside �r�.rc�� c�Yrc� f cl�:,c,��l health inspection sticker affixed to the lower right side of the ; Rorr,an
windshield and a current, valid business license decal affixed as specified in Section 5.04.200 of ;��;; Forma
this code. ; Forma
Roman
B. Each individual who drives, operates or vends from a � � ��_� �; :• � ����o�l �`�;���;� Forma
�e��c�i�a�� 'I��•Lic-k shall have on his person a current, valid California driver's license, which he ,�;;;; Roman
shall make available for inspection by law enforcement officials or code compliance officers i'�;��; , Forma
upon request. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992) ��;�-,� ,� Roman
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l I�e� ��i��er k��z• a Foc�c1 Vencli�l� I`e��ck t�� 1•e��na�n ��a�x•kec� G���ci ci�iac���ctin�l�L�;,u�a5� ��i� �� � ,'���
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c��un�r to u�se the toilet al��ci h�►ncl.��tt�I�ii��r facilit �. ��'a Forma
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5.97.110 Prohibited conduct. ' Forma
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A. No person shall vend from a � ' � .� � �c�ocl V ez�cliz� T���.ick which is , Forma
stopped, parked or standing on any public street, ��a��kitl�* lc3t, alley or highway when the
followin a 1 Forma
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1. When the � ' �, � yFc�acl �'eiiclin�Tr�xLk is parked within one thousand
five hundred feet of the nearest property line of any school property. l���lc;ss tl�at sc}�c�ol is a
Lc�lleac t�nive��•sit�r c�r ti«c,�i��c►�t���i[ �c�t���l that��a�i�ma��l� �c1-��e� �t�ident� c�lder tl�a�� lh �-c�az�s t�f a<��e;
��,�t. . ,< ,� „r�a�Yci-�at-'t��.
> '���'� �
2. When the posted speed limit on the public street, alley or highway is thirty-five
miles per hour or greater;
3. When the��m��-x�,��=���Fc��c� Ve;�a�ii���Tr��cl: is parked in violation of any
other provision of this code, or the California Vehicle Code;
4. When any part of the�rk`=t��-�-�-f�x�&F�����)c�d Ve►�ciii��� TI•cci:k 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 '` � •�'y�y;�,'8`a�I°��c�c� V�:rrciirr�'lr��ck 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. When the ���-�����:,��t�.�c�c>c� VecYclir�� 'I'r���:1� is parked within seven hundred
fifty feet of any eating and drinking establishment, ����less t-he_£�'t�c�e� �rei�c�zl�� Tru�k i;� a��t���i�tt.�c�
w�itl� a c:e��°�if'ieci f�i•r�7e�•'s �z�arlc�;t� that i;� c7 �,n �t the kir�a� tl�at �(�e��«��c�V�►�c�iz��� 'Tr��cic is
cc�c�clucti��<,�bt�s'rt��s�;
B. No person shall operate, or cause to be operated, any�-�•��� Y �"�,'e��-�.�-kE�c���cl
i�'�_�i��i�����'rt��;k with sound-amplifying equipment in operation per Section 5.92.030 of this code.
"' '��4c `���i4ic i—fscri``c'i'sii'ii"i. �
�-3C.'. No person shall back up a���F�a-�°°���Fc�c�ci Vcndi���� 'Tt•ti�;� to make or
attempt a sale.
�;�ll. No minor shall ride in or on a ��� � -i��-�� � �f�'c�ocl Ve;l�clind7'I"ri�c1..
���;. ���--��f��x� ����1-�-i-��t��:� -�e-�t�� � � f�=P��gzz������,=1�-
-'. Such vehicles shall �r - ' � : � ° .' ' : ` nly operate
Monday through���=5����cla � as follows:
1. October lst—April 30th—9:00 a.m. to 5:00 p.m.
Forma
g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc '
2. May lst—September 30th—9:00 a.m. to 7:00 p.m. (Ord. 676 § 1, 1992; Ord.
669 § 1, 1992)
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 r��--Y �:a:� ¢------µ:��Fc>c�cl Vc��cii(�� I'�•�.cck in the city unless such person has
submitted with his applieation for a permit t�..._.:�ie_;rec�ti�recl;�iii�ttracic,e �c�lici�s c���rliile� in t�iis _.- Forma
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»c,ti���, wl�aic��l —�all b� r�s�recl � ��,_sir���zr�tice c�»�Z�i� cltrre�ltl�� ����t�ior���cl 1�}� tkr� I�i��irar�cc� -_ Forma
, �;
t'c��T�t�i�s�ic�r��r tc} tt°t�t�sG�c:t l�rtc`i�ae�s c�f irta��.irat�c�: ir� t:t�� St��t.e; t�t� (�'aliforrii�. ����ith at� �.��si�necl Forma
�c�lic �1���1c�e��s' Rati�1�3� �f ._�- ���r �lit��her) �zt�cl Financi��1 �ize C`atc���ry C:'las� V�[[ 'or la�l•���c�• ii�
<�cci�i•c�ance e��ic�i tlle l�it�st e;ciiti�al� c��'Besk's Ke - I�atin<T ��►ic�e, ��nle;ss c�t���;����-ise: a>>rc�ve�l 1�v t�ae
��Il �� �tS� 1�'�`u��tl.'1�?tT`.
. r . � ` t1 ,r�� 4"r��°,�,�-n�,t��. ���-Suc�z polici�s�shall conform in all respects
��x�x;s�x�s��s���x��rt.�. _ - _ �,-�-�,��
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 ' _ ° L � ,�Foc�cl Veirclii�g T�-�iLk 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 of, any person, or
damage to property growing out of the maintenance, operation or ownership of any �<�F>�-�e-���-r��
d�=�.-�'c�c>cl �`c;zzcl�zl�`W[`r��ck in an amount zic3t le��;Wt�t�iri `�1 zC)�}��UQ()..cc�rn�sir�etl si�ic,:�J�� lit�iit i�c�r�ac�i
ac;cicient � ` � .,. ,- �� . ' �, � ` , no aggregate. ,�u�c»��c31�i.1e I1as�.rx•a�ICL sl��lll
ki�:. ��t lcast ��s l�rf>��<� 4��; [nsi�i°at�ce Se�•vic� {:)ffice fc�z���� (:'�� {}(} ()1 �:€�ti•erin�l�t�clilv in`�ir • �:l��cl
rc> ��:t�tv �14►m<��;c Ci�r ali aLtivitie� of the I�c�c��J �'er�ciin�;'I'r�zc;�.
C. Lice��5e.e shall rr14i1rY[tlit� Lc>tnn�er�ial cTcilc;ral li���ilit i►�sLrraslc� ���ith c,c��e;ra=T�, at Ic,ti�t-- __ Forma
_ .
�is lirc����i z�5 Ins��rs�lr�ce �ervic�s (J�f'(�ic;e lt�r���i C,C�_�(� C)�1� i��� an ����it���1�1 n��C�le�s tl�at� �1�0E�0 0�{).��� �' atter:
c�cc�.�rraracc. �"? Ot)0 00O �e�1�r��t1 a��x�e�alc; for l�c�f�ilv irr'��s- ;, 3er�ur�al i�����• �. ��2c1 �ro�crt�- �� Forma
c��i�n�r���e incl�►din� w�ith���t li��tation }�Ial�ket �;c�ntr;��tua�� lial7il�it�efens� cc�sts slia(l l�e �ai� i�i�
acl�iti��n t�> the li�nits. '�l�l�e t�1��c� s��all c�7n��lil� 17c� �n�«�s��ne��ts c�r rc�visic�ns li3�itin�T c<�v�;t-atre
l�or {l�cc���tract�rX�t l��il7r.lit ; Z� crc��;� l,ial-�il�tv e�c,l�:a��orr lc�r c:1����xrs_<sr s��its_1��� c�tic,_irYy��rG�i,a�.�,:litl�t
a��c�t.11e�: c�� 3 cc�rlt�.iz� a�� � c�th�,r e;xc,lusic�r� cc3rttz•a� - t� t1�G �r:ri��it. _ ---- Forma
�, Li�e��see �1�.�11 �i�aintaii� �'l�<�rlters' C"t.�in�_en�satic}r� I�nsur,�t��e (Statutc�r� Li�r�its _a�zcl_ Forma
_ _ —
[:r��7lc� cr's Lia�7_�Iriv I175��rance witli I�r��it�.��f'�at._l��j�t �._l.C)()�),�0(�(}}. Lic;en�,�e 5t,�_X��11_�i►brx3it to 1��e . _ Forma
-
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the t itv c�f�'Gtlt�t D�.�e��t tt� c�tt��,c.r� �t�„�:�at�, e«��lc� _��; t�►�t9 a-saltz�3t�:cr5. Forma
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1:._L�__i+eils_e;tii_ty c»�t ic3 u(zliJ� ���rl�,z�ll�i c�r �x��,5� la���,�l�t�i��s�rra��c,�_zr� tric;�t�i�<�r�s��ra�iL� —
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r�.crl��ex��.e�1ts. In 5���:h c:irc��xr�st��t�i�,s. I,ic�:risee s��all tat�t��ixa t��1�1 ta�airltZi�a ar� ��rraLia��lla c»� cxc.�,�� . Roman
lizib�il�it�� i��st��r�i��ce c.>i�icv ��i�I� lin�its of �a��t (e�s t���n �,OOt�}�(3OO that will rt}v�idc (����Jil i���'t�r�� ,
Forma
�rs��lal i�7'ur�� �rn� 7rt��c:��tv t���i��a Tc, Ii��bili�t cc�vcl•t��� at lea�t ��s br{�ad �s �t�e ��iinai• � �ov�ra<=es ' Forma
set f�cs���t� ��l�o��e, incl���irr�c�rni�lercial �en�,d•�l. �lX��l?ilit r az'icl �tzi lr� e,r'S 11�Abztitv S��c�t�oli�c�r _�
����1.i�:ic;5 sla��tl iz�c,l���l� �l�e tall€���r�z��� t�r�x�s <�t�cl ct��cliti�zis:
Forma
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+.__� clr�� dc�c�za i�eatu�e rec�,t�irin� t�e [�c�lic�v tc� res�or�cl if �i�1�'��rirnary in5�ira��c� t�ra#� wo��lcl �--� Forma
c�th�,rcti ise h�ive a����laecl �rc�vcs kc� be tmct�(lectihlc in w(�ale c�� �t� ��ax•t ft}�� a��� re�isc?n;
• 4'av an behalf�c�l`��c>rc�i�i�as c���osed tc7 reilnbursel�l�;1�i:
• Cc�z�s;iaz-rc��e - of e;tfective ��at�s ti�°ith. }�•ia:��a.�• •r c�(����s: `zr��
� Y'�>1ic�ies 5hall "fc�llow fc�rm" tc� the ul�tlerlvin�; prizr�ary��t�licies.
� I��s��r�els t�neler �rirr����y' ,�c��-1�c�ies �:hall ��Ist� 1�e il�sured� u��c3er t�re �.�Frrbrella �r �:;�c.�wr;�,.-- Forma
� . _ . _ _ _ __ _
_ __ _ _ . __.._ ..
Roman
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Forma
.� Before:
F�=.Cancellation, termination, or reduction in coverage of any insurance policy filed with ,ai�9nec
the city pursuant to this chapter shall be just cause for the�"��t�€���citv rr�a�l����to revoke \� adjust
the license. �on�t a
numbe
Forma
(�,Tfl. As a condition of being granted a license pursuant to this chapter, the licensee o.�s��,
shall promise, on an application form provided by the city, to indemnify and hold the C'�ity�3f
�'alr�� L�esert 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 property, including property owned by the licensee or
any person who is an employee or agent of the licensee.
I-[�. 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 following
endorsements:
1. It is hereby understood and agreed that, notwithstanding expressions consistent
with or contrary thereto, �1-ri��<��;1�policy;� i��expressly issued to cover a motor vehicle regulated
by the provisions of Chapter 10 of the Palm Desert Municipal Code. `�`���-�-,[:?�ic:�r polic�� 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 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 ea�1��policy,
notwithstanding any action or recovery thereon;
3. No cancellation or reduction in coverage of�c:ac.h 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 Cr�;ity C�lerk of the City of
Palm Desert. Said period of thirty days to commence running from the date said notice is
actually received in the C�effice of the C,'�ity t���lerk; and
4. ��11 such 7«lieies s(�a(1 �rc>vielL c�r l-�� ��Ytl«��secl t« �rt�ti�i�le th.�t tl�c C:it r of ���1��1 -�- � Forma
_ __ __ ____
I)��c,it <izat�_�t� c3�[zcers, «t`l`icial�,, er���7lc�vc;��;, aticl �►�el�ts �;��all be cit�cilt:ir�r�al ir�s��r�:cis r�it�t tc:f��►��cl
__.__.___.�._____
to liahilitv ��nc� cicf'�.r�s�. c>1' si.�Xts c�r c(�ii�a�s �c��isi.r:�� c�i�t c�f� t:l�e �Lr�c��•n�c�nce ���acle�� this �c:�•ax�it. T`kaRs
�acE>���i�>�7 �1�a91 �il�o ���7���1y tc+ ��r�v e�xce5s li�:�bilitv���<�1ic;ies.
Forma
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_ ,. _ , ,. . � ,. . .
7. t�,11 irz�;��r��r�c;� cc��rer.r�e r�iaintaiiied ��r proc:��retl �t�rsua�it t�7 ihis ��er�nit �hall h�:�.,_,.-- Forma
e��c�c�t�sec� tc� r�aiv�: Sul�rc� atic�xi ���air�5t the Ci.t c�f Pallri I�cs�rt its ciccted ox� n� caintecl o�ficcrs. � Forma
ti�ze;�ats, c�fficial� can�lc�vc;es a�ld vr�tir�iteers {�r sl���ll s ucificall � allc�z�� L,ice��se;e c�r cjthers
rc>viclin=T i��sur�t��ce evic�e;��ce in cca�71 fia�lce u��th th�,�� s�et�i�icati<)ns tt� ��aive tl�eir ri�lit <7f
r�cc��,�er�� t�ric�r to a lc�s5. L.ic��l,e�e here��� wai�•�s its r��n-r� ri�r�c�I� �ecE���er � �z��irist�l:}�e,Cit� - �7�' ,, � Forma
�'G11.171 ��',S�t't, __ _ . Forma
�. �`�I1 in���r����c� c;t���;r<�T�ti sh�ll �(�e rit�la� - ��ncl anv ��th�r ii�st�ra�xc;� cl�cl��cti�lc., ��i• �e�l'- ,� - Forma
i�is�az��rt�e r7��i�zatair��� bv t:t�e ir�c�ei�irril`iecl��rti�� s�tall ��t�t cc���t:ribt�te ���ith tr�i.; �ri��7;�r�� in��rratic,c,,_
F'c�li�i�.s sl�ali ca�atair� c��•be; cr.�cic�rse:cl t:c> �;�i�tai�a s�x�,l� rc��•i�icaz�s,
I, LlictisLc, �hall 7iv� C'it - rt�in�.t E��n�i ����e1�- n��t�ce «f clainl4 ir�adc c��• �G�its i�i�tit��tc�l. ,- Forma
__ . _ ..
tl�at_a�zse�l�t ��f'c�r i�s�tlt f1•�n�Licen�ee's �er�'urrr�a��ce ��nc��r�I�is �ermit, ari�l t��at invol��e ar i�i� ' Roman
i��vc�lve �.c�i er;� e ���Zcter a�a o�'the; re;c i.��z•ed lia�,ilitv olities. ' Forma
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(Ord. 676 § l, 1992; Ord. 669 § 1, 1992) � , Forma
, Forma
5.97.130 Inspection of Fot�d Verltlitt TruCks. ', Forma
Forma
+'d>f�t ��a, , 1 • �--__
,��. In addition to other equipment required by law, each���..���,����� G�G�4I~'aoc.l —
V�;i�cli�z�'�Frucl: 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 far a distance of at least one hundred feet. (Ord. 676 § 1,
1992; Ord. 669 § 1, 1992)
Forma
g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc �
l3. In °: ° a�ditit�il tc� s�ie�t i�ts��sectivn c��'th� F����scl Veixli�l� "T'ri�ck Li� r�tay' be
rec tcii•ed 1n� e�the;r a�e��cies, th�: C'it -Fire I�1a�•sl�ai sha11 �e�•forz�a a.�� i.z�s�ectic�rz c�i`e��cl� Focacl
ti'en�ir��7 T��uck befc)ce it is .�zt intc> ;;e��vice `�-�itt�in cit���i���its az�d az�n�.��iil the[•eaft�:r, cc�incicient
with rei�e��%��1 c)�t�le c�enc�c��•'� �er�nit. '�I`he C�'it � ���"ir�1��larsllal shall is:�;i�e a certificat�of it��, ecti«�3
tfl Fc�t�ci Ver�cizl��T���rcks cal��pli����t i��ith�[�ir� s�f��t�� re���latioz�s.
5.97.140 Required signs and lettering.
A. There shall be displayed in a conspicuous place on both the front and back of the
� : '_ � - ° T�c�c�Ver�c�irr T�-�ic;k appropriate warning signs or lettering, e.g. #`c>r Foc�c�
Vc;��d���� Trucks ez•rt�ittc;cl h J the: C.'c��ir�.t r of Riv�rs�cle �7s C`��t�:.�c?x• � 3 ��1o�7�1c Fe�t�d Facilities i�.t
c.:re4it�� t����c;ks "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.
B. There shall be displayed in a conspicuous place on both the right and left side of
the an��°� �•a��°�'F��� +a.a,n'�Ft���d �'�n�lir�� Trt�clz lettering permanently affixed showing the nature of
4
the company or operator of the�--��-��� �,����Fc)€�c[ Vetzcli���Tr�:�c;k and the business address
and telephone number of the owner or operator. The lettering shall not be 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 ''r��.r' g-"t,�'y��� �°��-�,�Fc�c�cl Ver�c[ir� T�•��ck 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 ta existing businesses.
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 ' � cit �aa��a����;�•c��•cicsi�3��e;e. (Ord. 676 § 1, 1992; Ord.
669 § 1, 1992)
5.97.160 Conducting as a nuisance.
Any r'���7��4������;��-�e;�Fc�c>c:! Ve�������;�I`z�uck operated contrary 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 �_ �� �I��c�c�cl Vel�icliii�'I'r�t�k contrary to the
provisions of this chapter. (Ord. 676 § 1, 1992; Ord. 669 § l, 1992)
5.97.170 Exceptions—Construction sites.
Forma
g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc �
The provisions of Section 5.97.110 shall not apply to ` - ' , � ° I�oc�cl V�n�ir��
'I,z•i.�cks servicing construction sites. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992)
Forma
g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc �
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1 OR.DINANCE NO. 580.5
2
3 AN ORDINANCE OF THE COUNTY OF RIVERSIDE
4 AMENDING ORDINANCE NO. 580 RELATING
5 TO MOBILE FOOD FACILITIES
6 The Board of Supervisors of the County of Riverside orclains as follows:
7 Section 1. Ordinance No. 580 is amended in its entirety to read as follows:
8
9 "OR�INANCE NO._580
10
i l AN ORDINANCE OF THE COUNTY OF RIVERSIDE
12 RELATING TO MOBILE FOOD FACILITIES AND COMMISSA.RY
13 REQUIREMENTS AND INCORPORATING BY REFERENCE
14 RNERSIDE COUNTY ORDINANCE NO. 725
15
16 Section 1. PURPOSE AND INTENT. It is the purpose and intent of this ordinance
1� to ensure the safe and sanitary operation of mobile food facilities and commissaries in Riverside
1 g County.
19 Section 2. DEFINITIONS. As used in this ordinance, the following terms shall
20 have the following meanings:
21 a. Annual Permit. A yearly permit to operate as defined in Ordinance No.
22 640.
23 b. ' Commissarv. A food facility that services mobile food facilities, mobile
24 support units,or vending machines where any of the following occur:
25 1) Food,containers,or supplies are stored.
26 2) Food is prepared or prepackaged for sale or service at other
27 locations.
28
1 DEC 17 2013 ��
1 3) Utensils are cleaned.
2 . 4) Liquid and solid wastes are disposed,or potable water is obtained.
3 c: Communit�Event. An event that, is of civic, political, public or
4 educational in nature, including state and county fairs, city festivals,
5 circuses and other public gatherings events approved by the local
6 enforcement agency,and which occurs 25 days or less in a 90-day period.
7 d. Department. The Riverside County Department of Environmental Health.
8 e. Enforcement Officer. The Director of the Riverside County Department
9 ofEnvironmental Health or his/her designee.
10 f. Food Preparation. As defined in Health and Safety Code Section
11 113790, as now adopted or hereafter amended.
12 g. Limited Food Prepazation. As defined in Health and Safety Code Section
13 � 113818,as now adopted or hereafter amended.
14 h. Mobile Food 'Facilitv. Any vehicle used in conjunction with a
15 commissary or other permanent food facility upon which food is sold or
16 distributed at retail.
17 i. Mobile Food Prenaration Unit. A Mobile Food Facility that engages in
18 food preparation,beyond the scope of limited food preparation.
19 j. Mobile Su�port Unit. A vehicle used in conjunction with a commissary
20 or other permanent food facility that travels to, and services,
21 1Vlobile Food Facilities as needed to replenish supplies, including faod and
22 potable water, clean the interior of the unit, or dispose of liquid or solid
23 wastes.
24 k. Non prepackaged Food. Any food which is removed from its original
25 packaging material for the purpose of preparation or service to the customer.
26 ,
27
28
2
1 l. Non-prepacka�ed Food Vehicle. A Mobile Food Facility that engages in
2 limited food preparation.
3 m. Prepacka�ed Food Push Cart. A Mobile Food Facility limited to the sale
4 of 100% prepackaged foods from non-motorized vehieles that are obtained
5 from an approved source.
6 n. Prepacka�ed Food. Any properly labeled processed food, prepackaged to
� prevent any direct human contact with the food product upon distribution
g from the manufacturer,food facility, or other approved source.
9 0. Produce Vehicle. A Mobile Food Facility limited to the sale of whole,
1� uncut produce obtained from an approved source.
11 Section 3. PERMIT APPLICATION REQUIREMENTS.
12 a. No person sha11 operate a Mobile Food Facility without a permit issued
13 pursuant to the provisions of this ordinance.
14 b. Nothing in this ordinance shall prevent the Department from denying any
15 permit application for any Mobile Food Facility if, in the opinion of the
16 Department, such Mobile Food Facility poses a real or potential risk tb the
1� health and welfare of the publia
1 g c. A persan may operate a Mobile Food Facility if such person has a valid
i 9 permif issued by the Department. Application for a permit shall be
20 made to the Department on a form supplied by the Department and shall-
21 be accompanied by a fee(s) as required by Ordinance No. 640. A permit
22 shall only be issued by the Department if the proposed Mobile Food
23 Facility meets the requirements of the Federal and State laws and regulations
24 and provisions of this ordinance and other County ordinances. A permit
25 shall be valid for not more than one year.
26 d. All Mobile Food Facilities proposing to operate in the County of Riverside
27 in any capacity must obtain an annual mobile food facility permit pursuant
28 to this section. There shall be a one year phase-in period from the effective
3
1 date of this ordinance, for Mobile Food Facility categories 3, 4, and 5, as
2 identified in Section 4.a of this ordinance, ta come into compliance
3 through the plan check process to meet all Health and Safety Code
4 requirements for annual permitting. During this phase-in period Mobile
5 Food Facilities not compliant with current construction standazds, but still
6 meeting the requirements for temporary food facilities pursuant to Health
7 and Safety Code sections 114335 through 114363, as now adopted or
8 hereafter amended, will be allowed to operate at approved community
9 events, with proper permits. After the phase-in period all Mobile Food
10� Facilities must meet cunent Health and Safety Code standards and obtain
1 l annual permits to operate as Mobile Food Facilities.
12 Section 4. MOBILE FOOD FACILITY OPERATIONS.
13 a. Mobile Food Facility Categories: There are five categories of Mobile Food
14 Facilities that may be permitted within Riverside County by the
15 Department:
16 1) Produce Vehicle(typically produce trucks}
17 2) Prepackaged Food Push Cart(typically ice cream pushcarts)
� 18 3) Prepackaged Food Vehicle (typically catering trucks and ice cream
19 vans)
20 4) Non-prepackaged Food Vehicle and Mobile Support Unit
21 (typically hot dog carts)
22 5) Mobile Food Preparation Unit(typically food trucks)
23 b. The sale of food from an aircraft, watercraft, bicycle or golf cart is not
24 allowed.
25 c. Mobile Food Facility categories 1-3 shall be inspected one time per year.
26 Mobile Food Facility categories 4 and 5 shall be inspected two times per
27 year. Nothing in this section precludes the Department from inspecting
2g and re-inspecting the Mobile Food Facilities with greater frequency if it is
� 4
1 determined by the Director that such inspections or re-inspections are
2 necessary to ensure the health and welfaze of the public.
3 d. Proper labeling of all foods per California Department of Public Health
4 (CDPH) and Food and Drug Administration (FDA) standards shall apply
5 to all Mobile Food Facilities.
6 e. The following information shall be provided by the Mobile Food Facility
7 � operator, on forms supplied by the Department, prior to the issuance of an
g initial permit or the renewal of a permit of any Mobile Food Facility:
9 1) Commissary agreement letter;
10 2) Commissary schedule;
L 1 3) Written operational procedures;
12 4) Current route sheets for Mobile Food Facilities that operate in
13 multiple locations or other reporting/tracking method as approved
14 by the Deparhnent;
15 5) Provide proof of annual water tank testing;
16 6) Provide documentation that all water has been supplied solely from
1� an approved commissary or Mobile Support Unit;
1 g 7) Provide a Department approved plan for waste gease and trash
19 disposal to the Department;
20 8) Provide proof that the Mobile Food Facility has been stored at !
21 approved commissaries on a daily basis;
22 9) Provide proof of issuance of Food Manager and Food Handler
23 • Certifications, pursuant to Ordinance No. 567 and Health and i
24 Safety Code sections 113947 through 113947.6, as now adopted or
25 hereafter amended.
26 10) Category 4 and Category 5 Mobile Food Facilities shall provide the
27 Department a statement as to the list of general food items to be
28 sold from the Mobile Food Facility; and,
5
1 11) Proof of valid driver's licenses for all proposed drivers along with
2 cunent vehicle registration shall be maintained'vn the Mobile Food
3 Facility or Mobile Support Unit at all times, and shall be presented
4 at the time of inspection.
5 12) Proof of General Liability Insurance naming the County as an
6 "Additional Insured". (Category 5 only—typically food trucks.)
7 f. Mobile Food Facilities shall not have external access to sewer and water
8 lines,except at approved community events. Mobile Food Facility must be
9 fully self-contained and able to operate as such; servicing of water and
10 wastewater tanks shall take place at the commissary or by an approved
I 1 Mobile Support Unit(for Mobile Food Facility categories 1-4), as specified
12 and on record as approved by the Department. External electrical s u p p 1 y
13 i s a 11 o w e d v i a a power supply cord as long as there is no permanent
14 wiring.
15 g. Al1 Mobile Food Facilities from categories 4-5 must ensure availability of
16 one conspicuous trash receptacle within 20 feet of the place of operation.
17 Section 5. GRADING.
ig a. Only Mobile.Food Preparation Units shall be graded. Each Mobile Food
19 Preparation Units shall be inspected and graded uniformly using an official
20 inspection form. The grade of each Mobile Food Preparation Units sha11 be
21 evidenced by the posting of a grade cazd/decal bearing the letter "A", "B",
22 or«C„
23 1) The letter"A" shall indicate a score of ninety percent or higher, and
24 indicates that the Mobile Food Facility passed the inspection by
25 meeting minimurn health standards as set forth by the California
26 Health and Safety Code. Grade "A" cards/decals shall be printed in
27 blue on a white background.
28
6
1 2) The letter "B" shall indicate a score of less than ninety percent but
2 not less than eighty percent, and indicates the Mobile Food Facility
3 has not passed the inspection and does not meet minimum health
4 standards. Grade "B" cards/decals shall be printed in green on a
5 white background.
6 3) The letter"C" shall indicate a score of less than eighty percent and
� indicates that the Mobile Food Facility has failed the inspection and
8 has conditions existing which may pose a potential or actual threat '
9 to public health and safety. The Mobile Food Facility may also be
10 ordered closed with its permit being suspended or revoked by the
11 Department. Grade "C" cards✓decals shall be printed in red on a
12 white background.
�3 b. The grade cazd/decal shall be provided by the Department and shall be 5
14 inches by 7 inches in size.�
15 c. The grade card/decal shall be posted in a conspicuous place. riear the
16 ordering window, as selected by the Department, and shall be removed
1� only by the Department.
�g d. It shall be unlawfiul to operate a Mobile Food Facility unless the grade
19 card/decal is in place as posted by the Department.
20 e. Mobile Food Facilities shall post a notice provided by the Department,
21 advising consumers that a copy of the most recent routine inspection report
22 is available for review by any interested party. The most recent inspecrion
23 report must be kept with the Mobile Food Facility at all times.
24 Section 6. MOBILE FOOD FACILITY INSPECTIONS.
25 a. The Department shall inspect each Mobile Food Facility at random
26 intervals within the specified time frames listed in Section 4 of this
Z� ordinance. All Mobile Food Facilities shall comply with the requirements
28
� .
1 set forth in Health and Safety Code sections 114294 through 114327, as
2 now adopted and hereafter amended.
3 b. No food shall be displayed or sold from any place other than the permitted
4 Mobile Food Facility at any time. No additional tables sha(t be allowed for
5 sales, storage, prepazation or distribution in the area adjacent to the Mobile
,
6 Food Facility except when operating at an approved community event, or
� with priar Department approval.
g c. Mobile Support Units shall only be used to service Produce Vehicles,
9 Prepackaged Food Carts, Prepackaged Food Vehicles,and Non-
10 prepackaged Food Vehicles. Mobile Support Units shall not be used in
1� conjunction with Mobile Food Preparation Units. Mobile Support Units
12 shall require a separate permit from the supported Mobile Food Facility, as
13 defined in Ordinance No. 640.
14
d. Food preparation and storage equipment and sanitation requirements for
15
each Mobile Food Facility shall be inspected and based on the food service
16
activity to be conducted,the type of foad that is to be prepazed or served,
17
� and the extent of food prepazation that is to be conducted at the Mobile
18
Food Facility.
19 '
e. A copy of the Official Inspection Form shall be provided to the owner,
20
operator, or person in chazge of the Mobile Food Facility.
21
22 f. Any Mobile Food Preparation Unit that has received a non-passing grade
23 ("B"or"C")and a11 Mobile Food Facilities that do not meet the minimum
24 health and safety requirements shall be re-inspected within five(5)
25 business days of the initial inspection,or as otherwise arranged,to assure
that the violations have been corrected. The grade card shall remain posted
26
27 on the Mobile Food Facility as placed by the Department,indicating to the
28
8
1 public that the particular Mobile Food Facility failed to maintain minimum
2 health standards during its most recent routine inspection.
3 g. If, after a re-inspection, the Mobile Food Facility does not meet minimum
4 health and safety standards or attain a score a 90%or higher,any or all of
5 the following legal actions may ensue: I,
6 1) Administrative hearing for the suspension or revocation of the
� permit pursuant to Heaith and Sa.fety Code section�114405, et seq.,
8 as now adopted or hereafter amended.
9
2) Issuance of a citation.
l0 '
3) Initiation of civil, criminal or other legal proceedings.
11
12 h. Notwithstanding the foregoing,the Deparlment may order immediate
13 closure of a Mobile Food Facility puFsuant to Health and Safety Code
14 section 114409, as now adopted or hereafter amended, whenever the
I5 Department reasonably believes the Mobile Food Facility presents an
16 immediate danger to the public health or safety unless th'e violation is
17 immediately corrected.
_
1 g i. Any re-inspections following an Administrative H��ring pursuant to
19 section 6.g.i., may result in the operator being chazged an hourly on-site fee
20 as set by Ordinance No. 640.
21 Section 7. CONSTRUCTION AND PLAN REVIEW REQUIREMENTS FOR NEW
22 MOBILE FOOD FACILITES.
23 a. Prior to issuing permits for Mobile Food Facility categories.3, 4, and 5, as
24 referenced in section 4.a., plans are required to be submitted and reviewed
25 by the Department.
26 b. A physical inspection of the Mobile Food Faeility shall be conducted by
27 the Department prior to operation of the Mobile Food Facility even if plans
28 are not required.
9
1 c. All Mobile Food Facilities permitted in Riverside County must meet the
2 minimum requirements set forth in the California Health and Safety Code
3 sections 114294 throughl 14327,as now adopted or hereafter amended.
4 d. Mobile Food Facilities permitted prior to the effective date of this
5 ordinance that undergo a change of ownership or a change in menu and/or
6
7 equipment shall be required to obtain approval from the Department prior
8 to making the modifications, and plan submittal shall be required.
9 e. At a minimurn, submitted plans shall consist of:
10 � 1) Two(2) sets of identical plans,drawn to scale;
11 2) Full views of the Mobile Food Facility, from each viewpoint, drawn
12 to scale(top down, front,back,employee and customer views);
13 3) A full plumbing diagram showing the flow of water from fresh I
14 water tank through sinks and/or equipment to waste tank. Plans
15 shall include and identify all sinks, water heaters, water pumps, and
16 any other water using piece of equipment;
17 4) A complete finish schedule detailing construction material
18 information;
19 5) A complete equipment list showing the make, model, and
20 commercial certification of all pieces of eyuipment, and their
� 21 location on the Mobile Food Facility; and,
22 6) Identification of atl gas and electric lines.
23 Section 8: REQUIREMENT FOR COMMISSARIES.
24 a. All Mobile Food Facilities must operate from a permitted commissary, or
25 � other Department approved facility. All approved facilities must be located
26 within Riverside County unless otherwise approved by the Department.
27 b. Each commissary is required to have facilities specific to the type of Mobile
28 Food Facility to be serviced and stored.
10
1 c. Commissaries are limited as to the number of Mobile Food Facilities that
2 may be serviced and stored at the facility by the available space at the
3 commissary. The number of Mobile Food Facilities allowed will be
4 ' determined by the Department for each commissary.
5 d. The commissary and Mobile Food Facility hours of operation must match
6 for accessibility purposes. .
� e. All commissaries must be built per construction standards set forth in the
g Health and Safety Code.
9 f. Commissaries must obtain a permit to operate,as per Ordinance No. 640.
10 g. Evaluation of commissary locations may require onsite inspection,and/or
11 plan submittal to the Department, per the fee schedule set forth in
12 Ordinance No. 640.
13 h. Commissary operators must maintain current sign in sheets for a11 Mobile
14 Food Facilities indicating the date,time, DBA and operator name,each time
15 the Mobile Food Facility leaves and returns to the commissary.
16 i. Commissary operators must notify the Department within thiriy(30)days if
1� a Mobile Food Facility discontinues using the commissary as described in
1 g this ordinance.
19 Section 9. REQUIRED FEES. The fees listed in this section shall be valid until such
20 time as Ordinance No. 640 is revised to incorporate these new fees therein: Any annual permit or
21 registration shall be valid for no more than one year from the month of issue.
22 a. Annual permit fees. ,
23 1) Category 1 (Produce Vehicle) $199.00
24 2) Category 2(Prepackaged Food Push Cart) $128.00
25 3) Category 3 (Prepackaged Food Vehicle) $329.00
26 4) Category 4(Non-prepackaged Food Vehicle and Mobile Support
27 Unit) $464.00
28 5) Category 5 (Mobile Food Prepazation Unit) $653.00
11
1 b. Plan review fees.
2 1) Category 3 (Prepackaged Food Vehicle) $247.00
3 2) Category 4(Non-prepackaged Food Vehicle and Mobile Support
4 Unit) $493.00
5 3) Category 5 (Mobile Food Preparation Unit) $580.00
6 Section 10. CRIMINAL PENALTIES.
� a. Any person violating any provision of this ordinance shall be guilty of an
8 infraction or misdemeanor as hereinafter specified. Such individual shall
9 be deemed guilty of a separate offense for each day during which any
10 violation of this ordinance is committed or allowed to exist.
11 b. Any individual convicted of a violation of this ordinance sha11 be: ,
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12 1) Guilty of an infraction and punished by a fine of not less than '
13 fifly dollars ($50.00), but not exceeding one hundred dollars
14 ($100.00)for the first offense.
15 2) Guilty of an infraction and punished by a fine of not less than one
16 hundred dollars ($100.00), but not exceeding two hundred dollars
1� ($200.00)for the second offense.
ig 3) The third and subsequent offenses shall constitute misdemeanor
19 and shall be punishable by a fine of not less than five hundred
20 dollars ($500.00) but not to exceed one thousand dollazs
' 21 {$1,QU0.00), imprisonment of up to six months in the county jail, or
22 both.
23 4) Natwithstanding subsections a. and b. above, the first or second
24 offense may be charged and prosecuted as misdemeanor
25 c. Payment of any penalty herein shall not relieve any individual
26 from the responsibility of correcting the violations as found by the
27 enforcement offcer.
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1 d. Any person found not in compliance with state law and/or this ordinance is
2 subject to citation, permit suspension/revocation,lien, or other legat action
3 as deemed necessary by the Department.
4 Section 11. CIVIL AND ADMINISTRATIVE PENALTIES. In addition to the
5 criminal penalties stated above,the Department may enforce the�rovisions of this ordinance through the
6 ,.
'1 procedures provided for in Riverside County Ordinance No. 725, which is incorporated herein by
g reference.
9 Section 12. PUBLIC NUISANCE DECLARATION. Any violation of this
10 ordinance is hereby declared to be unlawful and a public health nuisance and may be abated by the
t 1 Department, irrespective of any other remedy provided in this chapter.
12 Section 13. RIGHT OF INSPECTION. Pursuant to the Health and Safety Code, the
13 Department shall have the right to inspect any Mobile Food Fa�ility,or commissary, or any facility ,
14 suspected of being a Mobile Food Facility or commis�sary, at any reasonable time. Unless the �
;
15 Department fails to provide proper identification, refusing an inspection may result in the permit being
16 suspended or revoked, and/or the owner or operator shall be guilty of an infraction or misdemeanor
1� offense. The Mobile Food Facility must remain stationary and available for inspection once an official
18 inspection has been initiated by the enforcement officer.
19 Section 14. SEVERABILITY. If any provision, clause, sentence or paragraph of
20 this ordinance or the application thereof to any person or circumstances shall be held invalid, such
21 invalidity shall not affect the other provisions of this ordinance which can be given effect without the
22 invalid provision or application and, to this end, the provisions of this ordinance are hereby declared to be
23 severable." ,
24 Section 2. This ordinance sha11 take effect on April 8, 2014.
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26 BOARD OF SUPERV ORS OF THE COUNTY
OF RIVE S , ST E CALIFORNIA
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By:
28 airman JOHN J. BENOIT
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1 ATTEST: �CW HARPER-IHEM
2 CLERK OF THE BOARD:
: �
3
,
By:
4 De uty ;
5 �,
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(SEAL)
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8 APPROVED AS TO FORM
9 .
10 BY�
ERIC STOP R
11 Deputy County Counsel
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