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HomeMy WebLinkAboutOrd 1268 - Inspection Fees 4 Food Vending TrcksFRANKSh elTRA DR 0 CC $.1. MERLE = C?:LIFORMIArAyE FOOD TRUCK NO -FLY ZONES Eatery Restricted Area Concession Stand Restricted Area ammo No Food Truck Streets (40mph or Greater) City Boundary CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVE ORDINANCE NO. 1268 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.97 FOOD VENDING VEHICLES, AND ADOPT RESOLUTION NO. 2014 - 14 ESTABLISHING INSPECTION FEES FOR FOOD VENDING TRUCKS SUBMITTED BY: Lauri Aylaian, Director of Community Development APPLICANT: City of Palm Desert DATE: March 13, 2014 CONTENTS: February 27, 2014, Staff Report Draft Ordinance No. 2014-14 , Redlined to Show Changes Since First Reading Map Depicting Areas in which Food Trucks are Prohibited Recommendation By Minute Motion: 1) Receive testimony and conduct public hearing on Resolution No. 2014-14 ; and 2) Adopt Resolution 2014 - 14, to establish inspection fees for said vehicles; and 3) Waive further reading and approve Ordinance No. 1268 , approving changes to Chapter 5.97 of the Palm Desert Municipal Code, Food Vending Vehicles, including such minor modifications as were made prior to second reading of the ordinance. Executive Summary Approval of the staff recommendation will change the way that food trucks are regulated in the City of Palm Desert. These changes reflect the City Council's concerns regarding protection of brick and mortar restaurants and concession stands operated in public parks. The revised ordinance will compliment recent changes to the way in which Staff Report Modifications to PDMC Chapter 5.97 Food Vending Vehicles Page 2 of 3 March 13, 2014 Riverside County inspects and licenses food trucks, 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 alloinred. Fina�ly, approval of the staff recommendation will establish a fee for inspection of the fire prevention and suppression equipment on food trucks that employ cooking equipment. Backqround On February 27, 2014, the City Council considered and passed first reading of an ordinance that would amend the way that food trucks are regulated in Palm Desert. Members of the Council expressed concerns about several issues. Chief among them were the desire to protect fund raising activities at concession stands in public parks, and the operations of brick and mortar restaurants, which typically require a far greater investment and are more closely inspected and regulated. Members also spoke in favor of clarifying that food trucks can be allowed outside of established hours and locations if they have a City-approved permit for a special event. Finally, several Council members asked for a map that clearly depicted the areas in the City in which food truck would be permitted. Staff has made several technical revisions to the language of the draft ordinance in order to address the concerns voiced at the February 27, 2014, City Council meeting, and has prepared an exhibit showing where food trucks would be allowed. The exhibit and the modified ordinance are appended to this staff report, and the modifications are described here: • 5.97.110 Prohibited Conduct, paragraph A.8 now includes a prohibition against food trucks operating within 750 feet of a concession stand when it is open in a public park. Administratively, the City will not issue permits for food trucks to operate in the parking lots of public parks during hours when the concession stands are operating. • 5.97. 100 Food Truck Vending Regulations was bolstered in two places to reinforce the concept that vendors must have the permission of the property owner to park their food truck outside of the public right-of-way, and that special events permitted by the City can allow food trucks to operate a different times and in different locations than woutd otherwise be allowed. G:\Planning\Lauri Aylaian\StaH Reports\Food Vending Truck Ordinance 3•13-74.doc Staff Report Modifications to PDMC Chapter 5.97 Food Vending Vehicles Page 3 of 3 March 13, 2014 • 5.97.110 Prohibited Conduct was revised to prohibit food trucks from operating on streets with speed limits greater than 35 miles per hour, rather than eaual to or greater than 35 miles per hour. Submitted By: CITYCOUNCILACT�ON _.----�--� -'""��� APPROVED nF�n � .._----��,,:-- � _ — /,,, � RECEIVED OTHER . i � • /:�lnQ Lauri Aylaian, Community Development Dir��ETINGDATE ����3��� AYES: �S 7! cam i ���� r val: NOFs: AI3SENT: .._ AI3STAIN: ��� VI:I2IFIED BY: � m o n M. Wohlmuth, City Manager Original on File with�City Cl 's Office \\srv-fil2k3\groups\Planning\Lauri Aylaian\Staff Reports\Food Vending Truck Ordinance 3-13-14.doc ORDINANCE NO. 1268 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.97 OF THE PALM DESERT MUNCIPAL CODE, REVISING 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 § l, 1992; Ord. 669 § l, 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 de�ned in Section 5.97.OZO.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 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 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 § l, 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 § l, 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 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 full true name under which the business will be conducted; 3. The full true name and any other names used by the applicant; g:�planning\lauri aylaian\projects\ordinances\food truck ordinance 3-13-14 redline.doc 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; I 1. 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: g:�planning\lauri aylaian�projects\ordinances\food truck ordinance 3-13-14 redline.doc Exhibit A - Page 4 Palm Desert Municipai 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 § l, 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 § 1, 1992; Ord. 669 § 1, 1992) 5.97.070 Permit—Issuance. T'he 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 g:\planning\lauri aylaian�projects\ordinances\food truck ordinance 3-13-14 redline.doc 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 § 1, 1992) 5.97.090 Permit—Revocation. A. Any vendor permit may be suspended or revoked by the city manager or designee for any of the following reasons: 1. Falsehood of any information supplied by the permittee 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 g:�planning\lauri aylaian�projects\ordinances\food truck ordinance 3-13-14 redline.doc 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 sha11 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�led 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 § 1, 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 § l, 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 refuse, equipment or materials associated with the Food Vending Truck is prohibited. 3. The Food Vending Truck shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations. 4. Anv Food Vendin�Truck�arked out of the public ri�ht-c�f-wav to conduct business must have the written consent of the propertv owner to do so. If N�e-such a Food g:�planning\lauri aylaian�projects\ordinances\food truck ordinance 3-13-14 redline.doc Exhibit A - Page 7 Palm Desert Municipal Code Chapter 5.97 Vending Truck ' has written permission from the property owner, up to four tall stand-up cocktail-type tables but, no chairs, no fences or other site furniture (permanent or otherwise) shall be permitted. D. Litter Control. 1. Any Food Vending Truck licensed by the County of Riverside as a Category 4 or Category 5 Mobile Food Facility shall provide a minimum of two thirty-two (32)-gallon litter receptacles within fifteen (I S) 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 sha11 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 1. 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. G. Food Vendin�Trucks operatinQ as part of a special event permitted bv the City shall comport with the �ermissions and restrictions of the approved �ermit. g:�planningUauri aylaian�projects\ordinances\food truck ordinance 3-13-14 redline.doc Exhibit A - Page 8 Palm Desert Municipal Code Chapter 5.97 5.97.110 Prohibited conduct. A. No person shall vend from a Food Vending Truck which is stopped, parked or standing on any public street, parking lot, alley or highway when the following apply: 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�greater than thirty-five miles per hour-���e�; 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, or anv concession Stand that is open for business at a public ap rk, 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 1 st—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 § l, 1992; Ord. 669 § 1, 1992) g:�planning\lauri aylaian�projectslordinances\food truck ordinance 3-13-14 redline.doc Exhibit A - Page 9 Palm Desert Municipal Code Chapter 5.97 5.97.120 Insurance provisions. A. It is unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any Food Vending Truck in the city unless such person has submitted with his application for a permit the required insurance policies 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 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 O1 covering bodily injury and property damage for all activities of the Food Vending Truck. C. Licensee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 O1, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or(3)contain any other exclusion contrary to the permit. D. Licensee shall maintain Workers' Compensation Insurance (Statutory Limits) and 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 utilize 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. g:�planning\lauri aylaian�projects\ordinancesUood truck ordinance 3-13-14 redline.doc Exhibit A - Page 10 Palm Desert Municipal Code Chapter 5.97 • Insureds under 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 pursuant to this chapter shall be just cause for the city manager to revoke the license. G. As a condition of being granted a license pursuant to this chapter, the licensee shall promise, on an application form provided by the city, to indemnify and hold the City of Palm Desert free and harmless from any and all liability, claims, loss, damages, or expenses, including attorney's fees and court costs, arising by reason of the death or injury of any person, including the licensee or any person who is an employee or agent of the licensee, or by reason of property damage to or destruction of any 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 sha11 in no manner be abrogated or abated by the death or dissolution of the insured; 2. There is continuing liability up to the full amount of each policy, notwithstanding any action or recovery thereon; 3. No cancellation or reduction in coverage of each policy for any reason whatsoever shall become effective until the expiration of thirty days after written notice of such cancellation or reduction in coverage shall have been given to the City Clerk of the City of Palm Desert. Said period of thirty days to commence running from the date said notice is actually received in the Office of the City Clerk; and 4. All such policies shall provide, or be endorsed to provide, that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance under this permit. This 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 of�cers, 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 g:�planning\lauri aylaian\projects\ordinancesUood truck ordinance 3-13-14 redline.doc Exhibit A - Page 11 Palm Desert Municipal Code Chapter 5.97 recovery prior to a loss. Licensee hereby waives its own right of recovery against the City of Palm Desert. 6. All insurance 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. 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 for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. L. Licensee acknowledges and agrees that any actual or alleged failure on the part of 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: 1. A convex mirror mounted so that the occupant of the driver's seat can see the area in front of the truck which is obscured by the vehicle's hood; and 2. A back-up alarm audible for a distance of at least one hundred feet. (Ord. 676 § 1, 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 g:�planning\lauri aylaian�projects\ordinances\food truck ordinance 3-13-14 redline.doc Exhibit A - Page 12 Palm Desert Municipal Code Chapter 5.97 the vendor's permit. The City Fire Marshal shall issue a certificate of inspection to Food Vending Trucks compliant with fire safety regulations. 5.97.140 Required signs and lettering. A. There shall be displayed in a conspicuous place on both the front and back of the Food Vending Truck appropriate warning signs or lettering, e.g. for Food Vending Trucks permitted by the County of Riverside as Category 3 Mobile Food Facilities (ice cream trucks) "CAUTION CHILDREN." The lettering 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 a11 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' percnits with the city manager or designee. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992) 5.97.160 Conducting as a nuisance. Any Food Vending Truck operated 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) g:\planning\lauri aylaian�projects\ordinances\food truck ordinance 3-13-14 redline.doc RESOLUTION NO. 2014-14 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 27th day of February 2014 and continued on the 13'h day of March, 2014, 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. 1268 ; 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. 2014-14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of March, 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. 2014-14 EXHIBIT "A" FEES FOR THE INSPECTION OF FOOD VENDING TRUCKS Cateqory (as defined bv Countv 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 I x'^.rorx M.'_`"•_+i2C•b"a*.�'o 8..,:+k"..wmZ a �i;:,,k�i v... . __,..�i '. .,. �4:..> ;..�.T' -�.:I;��*.`:�^, '�-�i�' � « �� J�7, �`%�� � 1.� k�`� i�A�." ?.su�. r. .::,.e-.,,r'. ..�x.-`,.w. ,.:,:,.._.,..�:,+,5v¢�re5'nle , �._.;l c S a�ly I� ��...�-� .. �(J/..7.... t y":� •'� �� .,�s.a;r��.�. � CITY OF PALM DESE�tT�!�.�`�����' ��,>� � ;� �/,� , ,���1�/ � . ....._ DEPARTMENT OF COMMUNITY D���R����-� ��� �� �����•,� .£_,��� STAFF REPORT REQUEST: APPROVE ORDINANCE NO. 17_h8 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. 2014-i4 County of Riverside Ordinance No. 580.5 Recommendation By Minute Motion: 1) Waive further reading and pass Ordinance No. 1268 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). \\srv-fil2k3\groups\Planning\Lauri Aylaian\Staff Reports\Food Vending Truck Ordinance.doc 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: �f . G2 � - Laur' laian, Com unity Develop irect� P I S. Gi on, Finance Director Ap val: ; J n M. Wohlmuth, City Manager \\srv-fil2k3\groups\Planning\Lauri Aylaian\Staff Reports\Food Vending Truck Ordinance.doc 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 27th 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. I RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Councii, held on this 27t" 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 bv 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 i 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.Q20 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: 1. Conducts or permits or causes the operation of Food Vending Trucks; 2. Owns, operates, controls, manages or leases Food Vending Trucks; or 3. Contracts with persons to drive and vend from Food Vending Trucks. F. "Operator" means any person who drives, operates or vends from a Food Vending Truck and shall include the driver and assistant on each Food Vending Truck. 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 § l, 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 § l, 1992; Ord. 669 § l, 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 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, nar 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 fitrnish 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 tnie name and any other names used by the applicant; g:\planning\lauri aylaian\food truck ordinance 2-20-14 clean.doc 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: g:\planning\lauri aylaian\food truck ordinance 2-20-14 clean.doc 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 § 1, 1992) 5.97.070 Permit—Issuance. The city manager or designee, within ten days after receiving approval from the health officer and chief of police, shall grant the vendor's permit if he finds that all of the following requirements have been met: A. The required fees have been paid; B. The application conforms in all respects to the provisions of this chapter; C. The applicant has not knowingly made a material misrepresentation of fact in the application; D. The 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 g:\planning\lauri aylaian\food truck ordinance 2-20-14 clean.doc 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 § l, 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 g:\planning\lauri aylaian\food truck ordinance 2-20-14 clean.doc 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 § 1, 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 § 1, 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 refuse, equipment or materials associated with the Food Vending Truck is prohibited. 3. The Food Vending Truck shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations. 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 g:\planning\lauri aylaian\food truck ordinance 2-20-14 clean.doc 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 1. 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: g:\planning\lauri aylaian\food truck ordinance 2-20-14 clean.doc Exhibit A - Page 8 Palm Desert Municipal Code Chapter 5.97 L When the Food Vending Truck is parked within one thousand five hundred feet of the nearest property line of any school property, unless that school is a college, university, or vocational 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: l. October lst—Apri130th—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 g:\planning\lauri aylaian\food truck ordinance 2-20-14 clean.doc Exhibit A - Page 9 Palm Desert Municipal Code Chapter 5.97 � higher) and Financial Size Category Class VII (or larger) in accardance 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 O1 covering bodily injury and property damage for all activities of the Food Vending Truck. C. Licensee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 O1, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or stiits 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 utilize 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, inchiding 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 under 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 pursuant 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 Mtmicipal 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 until the expiration of thirty days after written notice of such cancellation or reduction in coverage shall have been given to the City Clerk of the City of Palm Desert. Said period of thirty days to commence running from the date said notice is actually received in the Office of the City Clerk; and 4. All such policies shall provide, or be endorsed to provide, that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance under this permit. This provision shall also apply to any excess liability policies. 5. All insurance coverage maintained or procured pursnant 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. g:\planning\lauri aylaian\food truck ordinance 2-20-14 clean.doc Exhibit A - Page 11 Palm Desert Municipal Code Chapter 5.97 I. Licensee shall give City prompt and timely notice of claims made ar 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�ood Vending Trucks. A. In addition to other equipment required by law, each Food Vending Truck shall be equipped with the following: 1. A convex mirror mounted so that the occupant of the driver's seat can see the area in front of the triick 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) g:\planning\lauri aylaian\food truck ordinance 2-20-14 clean.doc 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 § 1, 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 § 1, 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—Construc#ion si#es. The provisions of Section 5.97.110 shall not apply to Food Vending Trucks servicing construction sites. (Ord. 676 § 1, 1992; Ord. 669 � l, 1992) g:\planning\lauri aylaian\food truck ordinance 2-20-14 clean.doc Chapter 5.97 FOOD VENDING VEHICLES 5.97.010 Purpose—Intent. The city council expressly finds that vehicles in which produce, ' ° F , onfections1 and ��'���°� ���•��food products are.��re��arecl, ct�c�kec�, anc(!«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�'�ity of Palm Desert. It is the purpose and intent of the C�ity (:'�ouncil, in enacting this, to provide responsible companies and individuals who engage in the operation of��� ' 4�t�Ejc��ac� Ve►1d111� 'I'ri�c�s with clear and concise regulations to prevent safety, traffic3 and health hazards, as well as to preserve the peace. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992) 5.97,020 De�nitions. As used in this chapter: A. "Food-���r�-Ve��clix���Tr��clz" means any �-�r��«;�r,-��;-,__ '.'�,-«�-�__�� xc, r,�._..,=.�Y�.:��,�,� �r �, r�r ��. � .��C"atc=rc7ry I :3 �-, c��° :� Mt����le. F�c)c� Facilitv as ci�;fin�d l,y, , �Ziver�i�le Cc�u��t�,- t)rclinance No. S�O.:i -that is equipped or primarily used for th�.;��r�;p��ratic��� a��ail retail sale�c>f fz��cl on any public street, alley,, a, � rkiri�> lot, or highway within the city�� . _ , . . . . . . . � . . . . � _ . .y .. .... y � . � . v . .� . .. ... . ... .. ... . ..'.. . , _ . . .>_ . . ,,���'����-,--������n� ?-��:The inventory of these vehicles need not be necessarily limited to produce, food, c�r confections;--4=���-��rt-���:-���#�f3���. B. "Food" means items intended primarily for consumption by human beings. �':----==��-}_: �i.. . '£)E�.,,,rxcc"'-;i�ac���E3f1�;-iE� � ", ��E3 ,.� • ^r-_�.. ,._ �xti3�.�,#F��; �3(.�'. "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. �L?. "Vend" or"vending" means offering food products of any kind for prep��ratic��7 c�i• sale from a+�t�����=����.��1���r�cl Ve��c�ic��'1'rti1c�<►� cic��lineci ixi S�,ctioi�i�,�7.OZQ.�on a street, alley, highway or public place within the city and includes the movement or standing of a�=����r��-3 x-4-�=x��� ���cx�z:l Ve��cii���� T�x►cl�.for the purpose of���-c:.����ri�1��fuc�c� fc.�c r�;t��i1 5s�(e, ol� searching for, obtaining or soliciting retail sales of products. �1=1. "Food vendor" means any person, as defined in this chapter, who: 1. Conducts or permits or causes the operation of � : ' �; • � �I�"�c3ci._Vei�dir�� Trl�cks; 2. Owns, operates, controls, manages or leases ��=���'���`c�c�cl Ve;x�c�ini> `Trl�c:l:s; or Forma g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc ' 3. Contracts with persons to drive and vend from � �, � -F�c�ci Ve�iclin� T�•l�cks. �F. "Operator" means any person who drives, operates or vends from a��_�� ��Fc�c��l Ve�1c�i�3�= Tr•uck and shall include the driver and assistant on each�-_��;-�� ��.4��t�c�t1 �r`eF��lin�,T`ruck. -�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�«�4��°'F•,� +..,z��i��`c7c�� �'enc�in� T7-��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. f�cldiiic��14�11v, �:� IL�1c�bile Iic7<�c1 ��icilitv I'erinit isscaed 13 � t�le, C'c���nt � c�l�Ri��cl•si�1e al�€� �;ert:i[�icates c�f�ins_ectic��1 [�r�i��� the c�1 tice c�("t�1e I��ire I4'IaiShal �rlcl tlle t�`"c���� C<��m Iia� t�ce Divisior�, a.re 1-ec�t�irecl for each and every�--�z`-���cjc�d �'etacli��n Tt��ic:k Y�e:tat�e t1�e vex�cl�r"4 ��r�x3it i�, �ssu�;d. (Ord. 676 § l, 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 § l, 1992; Ord. 669 � 1, 1992) 5.97.050 Application fior food vendor permit—Contents—Required fee. A. Any person desiring to obtain a permit to operate or cause the operation of one or more;rto�'���a��°r'° � t°�°���'�T�}c�cl �'�z��iix�� Tr��c°l:s shall obtain an application from the����= �,�7� ��r�.i��urt� t1��z��a���c�r«r���;s��nc,c. 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��� ��-�T�� u�='���x�:-�itv rn�r7.Lit7c�•or ciesi���c�e, 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�7...����o�����r�; �°�E_�� Fc>ocl Ve�ac�i���; 'I'i•r��c;k 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 g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc ' 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 `�--�h��t the�-����z=��xzx�s����Fc�orl Vc��cii��c� "I'�t�c1.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, r`�-�. ° ° � �-'tlnsurance 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; 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 � • �t�>. ' � ��� ��a��c;it z���jr�a�ei• or desi�ne�may require in order to discover the Cruth 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���-�=����=-�c�.3��--i:€�t����g�zr��ecilv intena<ri�;l'or cic:si��1�;e 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 § 1, 1992) 5.97.070 Permit—Issuance. The ' • � � � � � ' ° citv tYi�ii�<� er c�r cl�si�llee, 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#�s,�' °-�y,��';•h� '=��«c�cJ Lre����iz�� '1 ruc��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. A. If the��xr��g-�rs���:�.-�==}xa�=;�=�� - ��;�r�=i4�'�►'c�st�c�esi4�nee° 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 ' c� a�ar�a�er c>r d�si��ie�;, 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 ���,�{���._�;� , �3����ecity� tna��a:�er at•c�esi„�nee, may s«i?�nit �an appeal �in �vr�it�i�x<,� tc� t:1-�e �itv t i�rk_y��itlit��l�iE`te�zl(l�) cla �,�such denial_ [`�l�e �it____�r ct�u;i�cil Ir�<�� r�:f�r thc� �z� e��l_��.�� 4 . �� . � . _ ' - = �• � . "' tc> a l�e�.�ri�1� ��sft�icer. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992) 5,97.090 Permit—Revocation. A. Any vendor permit may be suspended or revoked by the �.�-sr-��ls. �°-�� �,-�,�,��,�;z��;�itv �na►�a�er c�r c1�si�-c�ec 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 ' � • � . ' • • �� � cit r7���r�at�;er_t�r c(esi�r�e;e 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 5.97.110 through 5.97.160 inclusive; or 4. Violation by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state 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�i�����1-�a«appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the city council c��• at tl�e «�tic�t� �>f tl�c citv �:c)t��7ci1 1��,= a liearin�c�tfiecr. �'�����x��;-� 'I'the suspension or revocation shall become effective after the timely appeal period has expired. rl,��t�a�7 �;al �l�all l�ae i�r��-ri�ir�� a���l,i'ilecl 4��itl� t11e Cit���'le��k �r-i.t��itt f'ifti�eta_�1_s�����rti s��f��([t�;ti�we ciate; €�€�sus�er�sic�r� c�r revc��atic>�a. 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 § 1, 1992) Forma ,' Forma 5.97.100 Food vending truck regulations. � Forma �'; Roman A. Each;=���rxz'�����«�c�c��l V�riciizx T��l.ick shall have a current, valid county of � Forma Riverside <�rz�c�e c��rcl I tic,c.��l health inspection sticker affixed to the lower right side of the ��,' Roman windshield and a current, valid business license decal affixed as specified in Section 5.04.200 of ;,',� Forma thls Code. ' Forma '� '; Roman B. Each individual who drives, operates or vends from a ' � '_ � :° � �c>c�cl ��, Forma '4�'e��ci����j 'I'a��.ic;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 ��'' ,' Forma I�;�;', ,: Roman upon request. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992) ; �� '� ,' Forma 4': � �� Roman C. _ .-�'t�t�clitic-�i�1.����e.4uK�l�c.c,_t�I�Sit�e _ _ _ _ _ ,; Forma � � Roman •_ I. __ ['�.r rt.-`�.ite ��1tc;r� ti► ��c>c�tl Vc,i�tli�. T����c;l� 1��arkeci �lrall �ie Ix��air�t zir�c�cl u�_a ��i(_e as�cl ��`I � Forma ' �` � Roman _... _ •--�-- . , C:�i,atl Illllilil��' 4it �i�� tlt1�GS. �� ��,' Forma ' ' �� Roman • _ _ — - _ _ _ , � 2. Extc�•iox st�r�sfc <>fret���c ccui�r��cnt csr �n4�t�;cr�r3� zrs5c�ciarec! ��itV1 tl�c F{�o�l �,� �� . Forma _ _ _ _ Roman _ _ _ � , �'�;��c�irt�,r 1'rr�t��i������ihi(.ec�, -- , ," — __ __ _ - , , Forma � ,,� , ._._ _ __. . _._ _ _ _ _ _ _ _ , ,' Roman :3� "� (�t�c�cl Ver�cipn�;_rllucl��li.�11 rr7aiz�t<dit7 �c.txic�al��i ��r�cl��;c1�.51rig�r�,c�cir�l��t�c}z� �a�ui , ' , Forma acc;s��s cn���iste.nt �uith the, �lrn��ric��►1� �i�h Dis�t���(i�ies f1c:t G�nt1 all Icz�:��l <�t�ct stat� ,� Roman r�tt�.itit�iiS� � � Ro an ._ _ � _ _ __ _ _ _ Forma g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc ' �- If tl�� �t�Utl ��enc��r�`'Trt�ck i� �arkecl v��t�ide c�[ the�ul�lic ri���t c�si�-��a�z��cl kras -- Forma Roman ��•ittci� �ei r���`�ic�i� frc�in tl�e ,�rc��ert� t�ti�-ncr ��,�tc� fc��ir t�tll �t�ind-t�� c,c��:ktatl-ty�c tahles Forma t���t nc� cha���, ilc� l���ee� c�r t�t}ler sit� [�r�ril�t�zre (,��r�Y��i�tnt or c�ther�x���) s�l��ll be Romar, __ _ - — _ _ _ _ _ _ �7L:1'�tlitt�C�. __ Forma __ _ .. __ ___ Roman •__ __ _ __ _ _ __ __ __ . ` ' Forma [�?. I..IttCl'��p11tS't?�. '' �� Roman __ _ - - . Forma ._ _ _ _ - _ _ - __ _ , '�. Roman 1. :�n - F�«cl Venclin� Truc � licci�sc� l�v tP�c C:�u�1t - {�f R��crsi��c: as 4� C�ate���i• � � c�r ��'. '�� -_ __ _. __. _ __ _ _ �.',. �, Forma C��te,�ry � M���ii1����«�7c1 Faci1�1�'s�lall��rc��,�i�le a �trir�in����n c�f tw�� thi�tv-t��t� t3`?)-���I�or� ,','. ' Roman littct� recc��l�c.(c� ��at�in fiftee« (l5) feet c�f tk�e �-c(�icl�. fl�e iccc��ta�,le5 u-��11 �.e;��vc b<�[ll ',����, , Forma C;ISl�lldl�`���, 2LIIC� c,t�51t�I11�1�. Forma - Roman , �.._ _ .._ _ -: -- _ __ , �� Forma ?. ."C'.�e._f�c�c>c� ti�r��irt�'_,� I'�uc_k���entic�r s��f311 r�lairrt�i�� tlie sut���;ct �r��peit�' an i ��cliacei�t ', , ri�C�t-c�#-t�;�a � fr�:� t�f(itt�;�°t�ta t�nc[G`�ithit� c7�ac: l�tzt�dre;ci 1()t) fect c�f tl��: vc;nc�in� sitc. _ `'` ,'., Ro an �_ - __ _ -- - _ _ `^r orma ,�� ��ll rch��,c sE1Gi(� h��^ t-������vec� f�•t}r�� �hc vcndu����,iTc a��d �at�<��aet°Iv cii.5�c�s�-d c�t«�ith�n �, Roman 3�ri�i�l�te� ��f�th�clos� ��I�ven�i�r�l�sr�he clav� �t th��t slte. - - - - - y�';�� ', Forma — � --- °� � Roman •_ _ _ _ __ _ _ _ _ __ , • Forma �; �EC;liTtl}"" � � ,�, Roman ____ _—.- _`_ _-__._ .V a ' -.> _ � , - . , 4 a � , Forma � I'ttll fc,CC �llls:� ' Roman , 1. Tl��. �et�cic�r s��:zll �r��l��ll ���1��1�� i�ic�ic,atx��� t�iat lc�,iteiin� i n� t. �. t �.w___ _ �,�� �� ` .;_.---�—W _ _ _ __ _ �-- Forma clz�tt��nca•� nlav«��lv re,tnL�in c>r�tl�c lc�t fc�t- ��� ta t(�ittv f3{}4,�n�i����tc� atter• rc,c,�,��t�ri� th�ir ' ;,, ' �: Roman �OC)t1. ���'j Forma ��� �, Forma ..._ - - ;, ��-____—�1=1��c; vet�cl��z S�rall����1�e�rce ���� r�c�-lc�r��r�l�� r�rle. _ _ _ — _ ��,� � ;',� Forma r---- , __ � ,l Forma • _ _ _ _ __ _ _ _ , --- �. ,I,t7�. sc;re�lr�� c3r c,c����,��n����r�c�t�alc,c�ll�1 �h�all lsc,_�.�•c��xibltecl at r��.r�iiir�.� si�4�s ;' ' ,, Forma .._.��..,--- � ', Forma F T�>ile�(g zir��� H�ar��.iw�3�h.iz�� F�lciliTies '� ' ��'��� Forma � � �� ,�� Forma l I�� c��cJ�r �fc7i• a Ft�ca� V�t�cli����Truck t�� 1•e�na�r� ��at•ked G�nci ct�nciuc:tin� 171:��«��..5� €i� `' ' '�,'� , �� Forma �anc, I«e.�ti���l�loil<ser than c��e lrt�up• it t�lu�t 1��.�;i�lut��e�l ��•it��in 20t)�I-ec,i tr��vtl c�ista�lce c�f a , � � � Forma legrzllv� rov�cl E�rrd �e�-�rriittec�tc�i��.t��.rld hr�i�cl�,rz���in� facili�v �r zs ot�z�zv���s,e�z���rc��ec� .� --- � Forma : ' €� �tk�e Ci1� �, tc� i.rz5u�•e tl�at���-w(�•�arza 1�a�.ilit��,�s ��-e �i�rail4�blc tc� �'«c�cl���nc�in� Tr��el._ �7����lc�ve�.ti TV�c Ft>��� Ve.�nct�n� 'I`r�ack c��c,s�at<»� �nust h�avc l�eriz�is�ic��� �.�f tl�e���rc���Lrty �� �� Forma ; ,, <��auner Ca ���e the t<>il�t a���l �ht�nct���t�i�in« f�ticili� %. ��',��� Forma , Forma 5.97.110 Prohibited Conduct. �'� Forma �� Forma A. No person shall vend from a " ' � .` � Fc�oc� Vc��cli��-� Tc•�rck which is `, Forma stopped, parked or standing on any public street, ��arkiti�* lc�t, alley or highway when the followin a 1 Forma g PP Y� Forma g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc ' l. When the��rt�-F�=�=x==E���Fc�c,�l�4Teridil�"T`�-��ck is parked within one thousand five hundred feet of the nearest property line of any school property, u��1�ss tl�at sc��c�ol is a colle;�Te i�nive�°�it� c�r ve�catioEi�:ii 5chc�c�l that ��i��aa��ilg' Sc��ve4 �;t��c�cl�t�, c�lcler t(�ac� 1� ��eaY•s c}f��47e; ,,,; r i��• �, 1�, °n, ^�,ty, 2. When the posted speed limit on the public street, alley or highway is thirty-five miles per hour or greater; 3. When the ' � ' , -. Fc-�c�d V�;i�c�in�Tr��cl� is parked in violation of any other provision of this code, or the California Vehicle Code; 4. When any part of the�r����X���:���'c�c?c! �%e►�ciiz��� Tri�i;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 ` � _ ' I��c>c�c� tierrciixt�'I`r��°k 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 �tt,.�' �,-,�����r-t�����c���ci Ve;ncliri� "I'��ciil� is parked within seven hundred fifty feet of any eating and drinking establishment, ���rlews �11e Fc�c�c�Ve��c�zr�,� 'T�ack is ��s���ciatecl c��it[� a c:�cs�t�ifit;ci fz7�r��e���'s m�irl�ut that i� c��un at th�,t�i��e tl�at t�c F�atscl Vcraclin� Tr��c:li iy � C;E)IICIiIC't4I1�� hLt�itic'9S; B. No person shall operate, or cause to be operated, any€�� �-'r�����kE�c?c>cl V'��lcii�z�,� '['r���:r�with sound-amplifying equipment in operation per Section 592.030 of this code. , . . . . . . � �CV. No person shall back up a���Y;;��a�����:�Fc�c�ci �1cr�c�ir��' T���«I�.to make or attempt a sale. �;�7. No minor shall ride in or on a�'�c�� ' , �����c�acl Vc;�7c(ii1�r 'I"ri�i:1;. (��:. ��-t �i�� , . �� ' �' tt� .� :� _ .�..��• ,;� „ ��, �.�������� ", Such vehicles shall •_ � : � ':' ' ° .' ` : ` nly operate Monday through:�-�-��=5����cla - as follows: 1. October lst—Apri130th—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 ��� � - ��:;;f= + ,���F«c�cl Vcnc�it�� T�°�►ck in the cit unless such erson has driven or operated any,�-��-:. � >.�.� { °�- Y p submitted with his application for a permit i��c -rec�tuc•�1 in�tiral�c;e �c?lici�s «��tli�ie� i�� t��is -- Forma r ' " �t�►tlx�riz�c� l�� t�r�- Iri��trar�c;� _ Forma ��c;tic�l�, r��irc��� �l�all �e r����ecl ��_y_a�� t���ar�t�c� c,t�z�l�z_� cr�r��et�11k • � - Cc�����r�is�ic����.r tc� ta�;���sz�ct ��i.a4i��e�s c�f i��s�.ira��c� in tl�e Stat�. €�� (�'alitc�nr�i�. ���ith a�� ��ssi��leci Forma �c�lic �l�c�[t�c(�s' FZatia��z c�f ,�- c�r tli�'k�er) <�nct Fi,�<�t�ei��l Size C`a�e�ary C`[�tss V[I c�r la�•�7et• i�� :�ccc�rc�a�ic� �,��i�(� the l�it`�t ec�itit>c� c�f 13est's K�; - I�atin s Cvuic�e, ��nless c�tl�e�����i�e a��re)vecl I�v clYe �'i��,s I2i5k I��(azz.���r. ����;_„_a_,.;,-�-,T;�-r#��=��„=_r��,�=����-��k�-S�zc�� policie5�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 ' _ ' � ' � '�°�c�?ci Vf,rxclii�„7 Tr��ik 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 ��3c�����g���� �=�I=s?c�cl Ve�zcii������:d� in an amount�z�t legs t���lri�1()C}t)zC)C)� c�c�rri�slxl�cl sirl;Tli: li�y_�it��oi e��ctl ac�cici�.nt �. ° � . : ° ..` •- _ _' .' �, �_ ` , no aggregate. �,�z�c>r��c>t�ile Ix�si.�r<t�ace: sl��lll l�e. �it Ictiat �:r� brt���tl �iy I��su�•�ar�ce S�t�vice {:)ffi.ce fc>i•t�� C't'1 {}() (}1 cc�verin�, (�c.��lilv ir�`��r - �t��t1. rc�3et�tv �1�it1�a��� 1���1• aI1 ttLtiG-iti�:s «f the I�'c�c�cl �erldi��� 'I'�°uck. C`. LiLe�75ee sh�►1l mail�ttti�� c;c��lln�trLial `=enc;ral liubilit - ii��l�r����c;e ���itt� c,c��,e,radj�; c�t Ic,ast�_ - Forma 4.�5 l�rc����f px� 1r��L�rance�ervice� {Jf'fic;e 1'c�r�n C'C.� ()t) {�1. i�t Et�� ��txic�tu�t 17c)t 1e�s t}iai� `�1_.Ot}0,()()() tacT_ ' After: c�cc�.�rr�:nce. E.'? ()(}f) (}f)ti c=er��ral �i=������.�at� i's�r 17<.�ciilv ir�'�rr -. �er�;cr�azzl i_�i'��z• -. �ir�c.l �rc��ert , ,� Forma clarz�ti<'� inc[��clin� ��=ith���at lirnit�ltic�tt h(���lket cc�nt�°aetua[ [ia(�iCitv. D�fct�tie; costs sl���(1 lse; �ai�l iz1 xlcl�li�ti<�n t�> th� (i��lits. "I����e c�lic�v sh.�ll c;��ntai►� ��o e�n�orse�nents c>r r4>��i.sic��ns li�ni�tin��� ct�ve,l-�����e (`c}r_.(1 cc���trac:tir�zl li�►l�ilit.y_`�;..2�._c�-cjs�li�a4�silitv c�xcl��yic�ti.�`or cl��i,zxts c�r s�cit�;_}3v c�ti� ztr5��t�;ci z��*.�i�z�t. ailot:laex�. c��� �3 ca��tain��� � othe;r cxcl�ision �:�ntr�r r t�� 1��e ��;ri��it, ,.-�- Forma L?, L:icei�sce 5��a<�11 ��IlainCt�in �'t�«rl�er�' +�'�aly��erasatic>n Insu.ca�ice (5talutt�r�� Lirrlits} �i7�c� ,-- Forma __ ___ [_r�����r's_Liat7rl�tv. (r�5urrxr�c:e (vvith lirt�it5.._��i at_Jea�t �i l..t)C)()�(}{}{)} I.,.ii:elis��e 4,�X��11_s�il�i�i�t tc�_th�: _- Forma -- ��;i,�t�alor�� �,r�ith thc ce��titicate oi an�ii.ra�acc. �� 'W��ive�� c�f S��h��c��Y�zti��x� er�cic�rscl�ac��t. ir1 1�av��r c>t -- ��Forma -- -- t17e{rtv o��'�llin L�u�crt, �it� c�F�s�,ers �i��n��, c.�nplc�ycc,s ���1�9 �c�lilnt�;c��5. - - - Forma ._ _ _ _ _. _ Forma f1.I i��.l��,�c;r�ia c�.t tc� utilir� ���ri��z�ll�t c�r e���,5� l�<z�,il�tZ,�iz���►ra��Li: Xn �r�eeti��<����ur�d�tc�c Forma _ _ _. rec�k�zeralc��t�,. In 5�ch �:ir�:��z��st��t�i�,�,. I��ca.r�se€ s}�all t�t7t����� art�cl �.a�air�taiz�� �.�n �xrnt�z•clll ���� s;xc,c�s � . Roman _ _ .. __ _ _. I�i��l��il�it�- ir�st��•�iz��e ,c�licv ��itl� lii�iit5 �f ��t�t les;� tl�a�n �.(�f)(} t)4)�) that will ��•��v�icic l�<����il - i��'i�r�� '� '� Forma ersc�i�al in'ur � t�r�d 7rc� �e;rtv ci����1a T�, liabili�v cc>ve,i��1X�; at I�,G��;t t�s brc�ad as tf�e �riiz�ac � �c�ti�ra<=es � Forma s�t �€�c�r��h._�iL�o�,r�.. i�lclt�ciir���:c�f�nt�ti�;rcial_�en�r�1 1t<xl�ilit�� �.izu1 �t�i lc�ke��'S lia}�ilitv. Suck���c}li���r ------- a«licic;s sl���ll ir�cl��cle tlac,tallc.�o��iz��7 ter�x�s G�zacl cc.���clitic���s: Forma g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc ' • _clrn�d��vi�feature rec��irin� the�olicv tc� �'es�ond i��;�u��r��riin�ry 11�sLzt���i� 1��at wo��lc� - Forma __ {>th�,r��i54 ����=c a��liecl �rc}vc�; tc� b� Li��co(Iectih{e in wl�c�l� c��• in p{�t•t ft��� a��� rea5c�n; - • Pav c3n�h�half o�l�wordi����as ap�ose�d tc�reirnbul•set��ei�t; + �:'«z�c;ui-re��c � af�,1'fc;cti���; d��t�s with ��•iT�xax� - c�licie.s: a��cl � Yt�lici�� �;hali `°:f'c�llow fc�rrr7" tc� tlZe unc(erlviz7f� �rimary _c�li�ies. � I��i���r�c1� i�nc�er rii��a� �_.,�olicies �h�ll �tl�v 1�e ii�s����ed� u�1c�e� t��e �:�r�ibrell�� c�r �xc.c.ss�,�--� Forma t}�ic:ic,;; _ __ � Roman Forma .- Before; F�.Cancellation, termination, or reduction in coverage of any insurance policy filed with '. Alignec the city pursuant to this chapter shall be just cause for the C���-������{�i�i��citv r�ia�����er to revoke ad�ust Don't a the license. , numee Forma t����. 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��t I'a(r�� �E:�;e1-t 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-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, t�e4�cl�polic��� ist4 expressly issued to cover a motor vehicle regulated by the provisions of Chapter 10 of the Palm Desert Municipal Code. �k�i��;--,E1��c��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 ar 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�:l��policy, notwithstanding any action or recovery thereon; 3. No cancellation or reduction in coverage of�aeh 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 C��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 O�ffice of the t'�ity C�'�lerk; and 4. '11�1 such �c�lic�ies sllall ��rr.�vic�� c�c l�� e��clt3rs�ti T�� �rovi�e that tl�c Cii � <�f Y��l�n ,-- _ Forma �)esc,�t az�tl it5 c�(_lz��rs���t�l�icial5,_�r�r��lc�vc��.'�{�ricl�.i�ent� �l��all_}��; ac�ciii.ic��ral ar7s�ti�ccis ��tt}t r_���ir�l .. .___ _�__ tc> l:tahilit art�l c1ef�.c�sc of sL��ts c�r cl�tir.��s �e�•isi.t:�� ��tit c�f� tl�e a:.rf'���•rr���race ��z�de;r thi� 7e.���r�it. Th�s �7r«ti��ic��� sl�all. �i��sc� �z��l� ta ��nv �xccs4 lial�ilitv��c�licie:4. Forma g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc ' ,. _ ,. , _ � ,. . . ��11 ii��r�r<lr�ce cc�ver���e rr�ai��t��ined or pro��.�rec1 ���rsu.int ��c� lhis per�7iit 4h�;i11 he�,_--� Forma -- �,. e��cic�rsec� tc� ��aiti� sial�rc� atic��� ����ix�st the C'it c�f Palr�� Des�rt its �;Icct�c� c�x� a� �7iratecl officers. � Forma �����,rlts, c>fficial5 c�n�Ic} ec5 anc� vc�l�ttltcers c>r shall s �;cif►callv allc>��° I;ii;etlsc;e c.�r c��h�.rs rt>vi�lin<I i�r:�ur�znce evic�etice il� cc�t�l Iia�lc� w•itl� th€;sc s ecifi�gttic)ris tc� t��aive their ri�l�t c7f recavei�� prior to a lc�ss. ��ic��lse� l�er�l�v����li��e� its c�u~�� ri�ht oI� recc�ver�' �z��i�1s1� I:he C'it� c�f __� Forma �__.�_ �_,- ��1�t71 T��;;Gl't, - Forma �i. 11 i���ttr����c� �;c�vei°a Tes slxall (�e .1•izna�� - 4�n� <�nv c.�t�ter ii��;�trance �lec:l�actil�le, c�l• S�lt�_ - Forma _. _ _ ___ __ __ i��s���`rnce �cr���i��C��il�e�,l����e.i��d�tr�xril�ed arti�s Sha11 i�c�� co�z�lib�ate w�ith tY�is �ri�r�aar�i_����rai�c,e_ I'cli�ae;r�, ;�l�a1l. cc��a�air� c��•l�c;cr�c(c�r.se;�l t�� cc�r�taix� s�.�cl� rc7visic�zas, I. Li�:c����� 4t�a11 �i�rc, C'it � �r��ln�_t <<n� trinel�- n«tic� E�f' clalnls Ina�e t3�� st�its �tl5tit��tt,eJ . .. Forma __ _ __ _ - __ _ - - - _ tl1�t �.�rise c�rat c��Ur resi�lt fl��rn Lic:en�c;��s �er���rrri.lnce �����er t1�Ls �ei�Zit. ancl tt���t it�volve Qr��i�� ' Roman iz�d-t�l�-s� cc�ve����c: ��z1�te1• a�� t��t��e r�;ct�i��ed li�},ilit:v �olicie;s. Forma 1. Lii;e��:��e �1-�a11 exc.ctitc anc� rl�aitltt�ii� ii�: ���c�c1, sc� as ti} avc�it� i�l'ur - t�r �a:t��;��e tc� .�rtv�- Forma __ _ _ _ _ _ . __ ___ __ _ . ��,isc��i��z�._�r�_er� �. Ii� �.bzri�vil�� o��t it�, ��r�1c,�,s liceiise�, y}i��1I ��t s:tll lilr�es be i�r c,virr�li=�r�L�_«it���° A�er: �� ''� � _�_�.r. . � .� __._r _� _ __ _r.� `;, and As all a�?�lzcah(e lc�cal state: 4�tltl tec�c��al l��u�s ttal�.4 ����ci r��7��latic��ls ancl sh��ll c;xerc��,e all n�cess;lry � \ , Asian t �recautic>�1�; i`c�r i��c, ���f�.t �����t��71c� eeti 41n�t tl��; �ubltc 41 c�� rid�te tc� the n,�ttere ial the w�c�rlt a��d , Forma k���c;�x��iitit,�r�s u�icler ���l�zic�i 1h� ��.ork�w tc�„e_b�,.._�,€,r9_t�i�n�tl. , Roman � � Forma i�. 12�;c��ii��ane�its c�f s�ecific c;c�v�;z�a<�e f�:at�rres c�r lin�rt� cc�t�tai��ec� is� thi;� ��.cti�>�l <z�_e nc�tf- - Forma -- -- - - --- - -- -- --- ------__- -- -- --- — i��tel�clec� as a li�t7lil��tic�n f�l� c��ver���e li����its r�r ��lfier ���t�.�ire�nent�, t�r a e��4iir��er <�f an}� cc7v�ra�;e � � �� Forma t�c�rr7���11���ror�iciLc�_. t���r� -�t��;��r��ticc��S�tt ��-i1�ic�_re(�erela�e tc� a �i��er� c�c�����rs���, :�e��tr�r��s�fc��� _....�_�_ ��.�r�<a��:s c�E c1G�r�1'it;�tic�z� c�r�l�� as it: �e�•tairis tc� a �i��z� i�s��e ar�c� is n�,t i_ttt�z7c3�-ci bv �r� � �a►��ri' i����.�rec1 td� 13e 4�11 incltl�;i4�e, c�r tc> khe �;�i;Iusic��� ��f t)tl�c;�•�;c��-era{7c; c�r a ��G�iver c�f a�� - t c. L. I,ie��l��e at�._��r7c���-�c,clt�t;.5�i�cl ���rees tYaat.a�r � �tc,t�aal e>z• <:ille��:el 1`��zl��r�or� 1���e����rt c),f��tr��- __ Forma C�i(:v tc� itaf��r��xaa. I...ic�r�s�:e u� �Zt�r�c��a.�� lia�acc with. at�v r-e ��it�en�c�at �rta�c�ses r�o ��c�clir.ic7��a�1 ��, Numee __ _ __ __ __ _ __ _ __, , , ... + c�l�li�3�ati��T�ti c��n th� C it �I f�f �'��1��1 I�esert nat ct�.�es �t v����ic�e, <�i�� �i�l�ts 1lcreur�cle��� ', �,. at: o.� k •____---- ---_ _ Left ._ ._ _ - _,` , �, Forma (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992) . Forma , Forma 5.97.130 Inspection of " Fo�zd Vendin T+� rucks. � Forma � �Forma �. In addition to other equipment required by law, each�,�rrx-�����������r•�-�;�Fc��3�1 Ve.ilt�i���;'�I'ru.cl� shall be equipped with the following: j41. 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) Forma g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc ' T3. I�7 • � '� �a�ditii�n t�o suc��r i���t�ectioi�c,f t�re Ft7c�cl Vendin� Tr��ek as rnc��r he re; �ii�•e�l��v e-�t�ie;r a�e��cie�;, th�. �'it � Fzre Ma���llal sl�all �erfic�rr�� �Xl i_��s�ecti�z� c�f eac;l� Foc�d �Llendin<> �"['ruclz l��eft�rc it i�, �ut int`> �c���ic� wit��in �;�it�'Ii�nits a�o�ci arinuallv tlle�r�aft�,r, c���incide��t ���it1�ren��vE� «f the vendc�r's �erinit_ '�I'he C�"it r F�"ire��larsllal ��iall iss��e a certificate o1�ii�� ectit�n tc� Foo�l Vei�clin47 T����cks t;c�r�ipli<��it with I'ire safi�et�' r���zl�tio���. 5.97.140 Required signs and (ettering. A. There shall be displayed in a conspicuous place on both the front and back of the ' � - ° f�c�oc� V�;r�cliri� '(',Y�rc�ck appropriate warning signs or lettering, e.g. fmc}r F�c�c� W'e��c��t�C7 T�•c�c�s c;z•r��ittetl b J th�, Cc��.ir�t r af Ri.vLrs�c(e ��s C��tl.�e�r J 3 t��Tc��'xle Fe�c�d F�tc;ilities ic� c:re4it�� t�°�.�c;4�s> "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 � � � �. � Fc�c�c� �'�n�lir�� Tr��cic lettering permanently affixed showing the nature of the company or operator of the��T����-��r��r��Fcx�cl Ves�cli�1�7 Ti-��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 ��-4-�����-dz°L-�F�3c�c1 �'e.r.�c:lixa � T���xcl� 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 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�� ���ctjx�°����ticity tj����l����;r tl►�c�esi�:rl�e. (Ord. 676 § 1, 1992; Ord. 669 § l, 1992) 5.97.160 Conducting as a nuisance. Any�� ��°����.=�Fc�<,<1 Ve��d����;�I'��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 � � -Fc�c7c1 t�ei�di�l�"l r�rck contrary to the provisions of this chapter. (Ord. 676 § l, 1992; Ord. 669 § 1, 1992) � 5.97.170 Exceptions—Construction sites. Forma g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc ' The provisions of Section 5.97110 shall not apply to�'�a€3��-�.��������� � I�oc�c� Verr�ir7.� 'I'�•ucks servicing construction sites. (Ord. 676 § 1, 1992; Ord. 669 § 1, 1992) � Forma g:\planning\lauri aylaian\food truck ordinance 2-20-14 redline.doc ' P�ge 7: [i],Formatted Author Font: (Default) Times New Roman, 12 pt page�: [2]'Formatked Author Font: (Default) Times New Roman, 12 pt Page 7:[3]�nrma#ked Author Font: (Default) Times New Roman, 12 pt Page 7:(4];Formatted Author Font: (Default) Times New Roman, 12 pt Page 7: [5]:Formatted Author Font: (Default) Times New Roman, 12 pt Page 7: [6]Formatted Author Font: (Default) Times New Roman, 12 pt Page 7: [7]'FormatEed Author Font: (Default) Times New Roman, 12 pt Page 7: [8]Formatted Author Font: (Default) Times New Roman, 12 pt Page 7: [9]Formatted Author Font: (Default) Times New Roman, 12 pt Page 7: [10]Formatted Author Font: (Default) Times New Roman, 12 pt P�ge 7: [11;#�ormatted A4ttsor � � � � � � � Font: (Default) Times New Roman, 12 pt Page 7: [12] Formatted Author Font: (Default) Times New Roman, 12 pt Page 7: [13] Formatted Author Font: (Default) Times New Roman, 12 pt Page 7: [14] Formatted Author Font: (Default) Times New Roman, 12 pt Page 7: [15j Formatted Author Font: (Default) Times New Roman, 12 pt 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 ordains as follows: 7 Section 1. Ordinance No. 5$0 is amended in its entirety to read as follows: 8 9 "OR�INANCE NO. 580 10 1 l AN ORDTNANCE OF THE COUNTY OF RIVERSIDE 12 RELATING TO MOBILE FOOD FACILITIES AND COMMISSARY 13 REQUIREMENTS AND INCORPORATING BY REFERENCE 14 RNERSIDE COUNTY OR.DINANCE 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 18 County. 19 Section 2. DEFINITIONS. As used in this ardinance, the following terms shall 24 have the following meanings: 21 a. Annual Permit. A yearly permit to operate as defined in Ordinance Nv. 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 z7 locations. 28 1 DEC ]7 2013 �� 1 3) Utensils are cleaned. 2 4) Liquid and solid wastes are disposed,or potable water is obtained. 3 c: CommunitY 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 of Environmental 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 Preparation. 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 Preparation Unit. A Mobile Food Facility that engages in 18 food preparation,beyond the scope of limited food preparation. 19 j. Mobile Sup�ort Unit. A vehicle used in conjunction with a commissary 20 or other permanent food facility that travels ta, and services, 21 Ivlobile Food Facilities as needed to replenish supplies, iricluding food and 22 potable water, clean the interior of the unit, or dispose of liquid or sotid 23 wastes. 24 k. Non-prenackaged 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 1. Non-prepaeka�ed Food Vehicle. A Mobile Food Facility that engages in 2 limited food preparation. 3 m. Prepackaged Food Push Cart. A Mobile Food Facility limited to the sale 4 of 100% prepackaged foods from non-motorized vehicles that are obtained 5 from an approved source. 6 n. Prepackaged Food. Any properly labeled processed food, prepackaged to 7 prevent any direct human contact with the food product upon distribution 8 from the manufacturer,food facility,or other approved souree. 9 0. Produce Vehicle. A Mobile Food Facility limited to the sale of whole, 14 uncut produce obtained from an approved source. 11 Section 3. PERMIT APPLICATION REQUIREMENTS. 12 a. No person shall operate a Mobile Food Facility without a permit issued 13 pursuant to the provisions of this ordinance. 14 b. Notliing in this ordinance shall prevent the Department from denying any �5 permit application for any Mobile Food Facility if, iri the opinion of the 16 Department, such Mobile Food Facility poses a real or potential risk to the 17 health and welfare of the public. 1 g c. A person may operate a Mobile Food Facility if such person has a valid 19 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 yeaz. 2b 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 Mobite Food 10 Facilities must meet current 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(typicatly 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 SuppoR 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 28 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 welfare 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 8 initial permit or the renewal of a permit of any Mobile Food Facility: 9 1) Commissary agreement letter; 10 2) Commissary schedule; 11 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 17 an approved commissary or Mobile Support Unit; 1 g 7) Provide a Department approved plan for waste grease and trash 19 disposal to the Department; 20 8) Provide proof that the Mobile Food Facility has been stored at I 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 � 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 current vehicle registration shall be maintained�on the Mobile Food 3 Facility or Mobile Support Unit at al! times, and shall be presented 4 at the time of inspection. 5 12) Proof of Generai 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 ptace at the commissary or by an approved 11 Mobile Support Unit(for Mobile Food Facility categories 1-4), as specified 12 and on record as approved by the Department. Extemal electrical s u p p l 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. 18 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 shall 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 minimum 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 7 indicates that the Mobile Food Facility has failed the inspection and g 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 card/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 wiridow, as selected by the Department, and shall be removed I� only by the Department. i g d. It shall be unlawful to operate a Mobile Food Facility unless the grade 19 cazd/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 inspection 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 7 - i 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 shall be allowed for 5 sales, storage, prepazation or distribution in the area a�jacent to the Mobile , 6 Food Facility except when operating at an approved community event, or � with prior 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 11 conjunction with Mobile Food Preparation Units. Mobile Support Units 12 shall require a separate permit from the supparted 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 food that is to be prepared 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 charge 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 all 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 �� 2,� on the Mobile Food Facility as placed by the Department, indicating tv 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: ', 6 1) Administrative hearing for the suspension or revocation of the � permit pursuant to Health and Safety Code section�114405, et sey., g as now adopted or hereafter amended. 9 2) Issuance of a citation. 10 3) Initiation of civil, criminal or other legal proceedings. 11 12 h. Notwithstanding the foregoing,the Department may order immediate 13 closure of a Mobile Food Facility pursuant to Health and Safety Code 14 section 114409, as now adopted or hereafter amended, whenever the 15 Department reasonably believes the Mobile Food Facility presents an 16 , immediate danger to the public health or safety unless th'e violation is 1� 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 charged 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 Deparhnent prior to operation of the Mobile Food Facility even if plans 28 are not required. 9 I 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 minimum, submitted plans shall consist of 10 � 1) Two(2) sets of identical plans,drawn to scale; l 1 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 tanlc, 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 1 g information; 19 5) A complete equipment list showing the make, model, and 20 commercial certification of all pieces of equipment, and their � 21 location on the Mobile Food Facility; and, 22 6) Identification of all 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 R.iverside County unless otherwise approved by the Department. 27 b. Each commissary is required to have facilities specific to the type of Mobile Z8 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 comm'issary. The number of Mobiie 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 all 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 thirty(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 aruival 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 Preparation 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 ortlinance 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 shall be: , 12 1) Guilty of an infraction and punished by a fine of not less than I, 13 fifty 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 17 ($200.00)for fhe second offense. 1 g 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,OU0.00), imprisonment of up to six months in the county jail, or 22 both. 23 4) Notwithstanding 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. 28 - 12 1 d. Any person found not in compliance with state law and/or this ordinance is 2 subject to citation, permit suspensian/revocation, lien, or other legat action 3 as deemed necessary by the Department. 4 Section 11. CIVIL AND ADMINISTR.ATIVE PENALTIES. In addition to the 5 criminal penalties stated above,the Department may enforce the provisions of this ordinance through the 6 � procedures provided for in Riverside County Ordinance No. 725, which is incorporated herein by 8 reference. 9 Section 12. PUBLIC NUISANCE DECLARATION. Any violation of this 10 ordinance is hereby declazed 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 resuit in the permit being 16 suspended or revoked, and/or the owner or operator shali be guilty of an infraction or misdemeanor 1� offense. The Mobile Food Facility must remain stationary and available for inspection once an official 1 g inspection has been initiated by the enforcement officer. , 19 Section 14. SEVERABTLITY. 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 declazed to be 23 severable." . 24 Section 2. This ordinance shall take effect on Apri18,2014. 25 26 BOARD OF SUPERV ORS OF THE COUNTY OF RIVE S , ST E CALIFORNIA 27 By: 2g airman JOHN J. BENOIT 13 1 ATTEST: �CIA HARPER-IHEM 2 CLERK OF THE BOARD: : � 3 , By: � 4 De uty ; � 5 ; 6 (SEAL) 7 . . 8 APPROVED AS TO FORM 9 10 By� ERIC STOP R 11 Deputy County Counsel 12 13 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 2$ l4