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. 1268 § 1, 2014)
As used in this chapter:
means items intended primarily for consumption by human beings.
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.
means any person, as defined in this chapter, who:
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.
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.
means offering food products of any kind for preparation
or sale from a food vending truck as defined in this section 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.
means a permit issued by the city authorizing the holder
thereof to engage in the business of food vending.
(Ord. 1268 § 1, 2014)
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 chapter and 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. 1268 § 1, 2014)
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. 1268 § 1, 2014)
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 or she 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;
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:
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:
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. 1268 § 1, 2014)
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. 1268 § 1, 2014)
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 or she finds that all of the following requirements
have been met:
A.
The
required fees have been paid;
B.
The
application conforms in all respects to the provisions of this chapter;
C.
The
applicant has not knowingly made a material misrepresentation of fact
in the application;
D.
The
applicant has fully cooperated in the investigation of the application;
E.
The
applicant if an individual; or any of the directors, officers or stockholders
holding more than ten percent of the stock of the corporation; or
any of the partners, including limited partners, or profit interest
holder, manager or other person principally in charge of the operation
of the existing or proposed business of vending from a food vending
truck or a natural person employed or contracted with to be a driver
has not been convicted or pleaded nolo contendere or guilty within
five years prior to his or her 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. 1268 § 1, 2014)
A.
If the city manager or designee finds that the requirements set forth in Section 5.97.070 have not been met, he or she 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 days of such denial. The city council
may refer the appeal to a hearing officer.
(Ord. 1268 § 1, 2014)
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;
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 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. 1268 § 1, 2014)
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 or her person a current, valid California driver's
license, which he or she shall make available for inspection by law
enforcement officials or code compliance officers upon request.
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.
Any
food vending truck parked out of the public right-of-way to conduct
business must have the written consent of the property owner to do
so. If such a food vending truck has written permission from the property
owner, up to four tall stand-up cocktail-type tables but, no chairs,
no fences or other site furniture (permanent or otherwise) shall be
permitted.
D.
Litter
Control.
1.
Any
food vending truck licensed by the county of Riverside as a Category
4 or Category 5 mobile food facility shall provide a minimum of two
thirty-two-gallon litter receptacles within fifteen 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 feet
of the vending site.
3.
All
refuse shall be removed from the vending site and properly disposed
of within thirty 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 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. 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 two hundred feet travel distance of a legally
approved and permitted toilet and handwashing facility, or as otherwise
approved by the city, to ensure that restroom facilities are available
to food vending truck employees. The food vending truck operator must
have permission of the property owner to use the toilet and handwashing
facility.
G.
Food
vending trucks operating as part of a special event permitted by the
city shall comport with the permissions and restrictions of the approved
permit.
(Ord. 1268 § 1, 2014)
A.
No person
shall vend from a food vending truck on any public street, alley or
highway under any circumstances.
B.
No person
shall operate or park a food vending truck in violation of any provision
of this code, or the California Vehicle Code.
C.
No person
shall vend from a food vending truck when any part of the vehicle
is open to prospective customers other than on the side of the vehicle
next to the right side of the street, alley or highway.
D.
No person
shall vend from a food vending truck when the food vending truck is
not stopped, parked or standing on the right side of the street, alley
or highway.
E.
No person
shall vend from a food vending truck when the prospective customer
is standing or sitting in another vehicle.
F.
No person
shall vend from a food vending truck when the prospective customer
is located in that portion of the street, alley or highway which is
open to vehicular traffic.
G.
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.
H.
No person
shall back up a food vending truck to make or attempt a sale.
I.
No minor
shall ride in or on a food vending truck.
J.
No person
shall vend from a food vending truck in any public parking lot 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 eighteen years of age; and
2.
When
the food vending truck is parked within seven hundred fifty feet of
any eating and drinking establishment, or any concession stand that
is open for business at a public park, unless the food vending truck
is associated with a certified farmers' market that is open at the
time that the food vending truck is conducting business.
(Ord. 1268 § 1, 2014; Ord. 1290 § 1, 2015; Ord. 1299 § 2, 2015)
Food vending trucks, while operating and vending within four designated areas (described in more detail, below), shall be exempt from Section 5.97.110(A), (J) and (K), for a temporary period ending December 31, 2016. The hours of operation for food vending trucks in the four designated areas are from seven a.m. to nine p.m. daily. Food vending trucks operating and vending within the four designated areas must comply with all other provisions of this chapter. Food vending vehicles while operating and vending in all areas of the city outside of the four designated areas must continue to comply with all sections in this chapter.
The four designated areas are described as follows:
1.
Civic
Center Park. The designated area is adjacent to San Pablo Avenue within
an existing grassy area just south of the Civic Center Skateboard
Park.
2.
Cook
Street Industrial Business Park. The designated area is along the
east and west side of Cook Street between Sheryl Avenue and Hovley
Lane East. Food vending trucks shall not stop, park, or stand on Cook
Street.
3.
Dinah
Shore Industrial Business Park. The designated area, which is triangular
in shape, is north of Dick Kelly Drive and between Gateway Drive and
Dinah Shore Drive. Food vending trucks shall not stop, park, or stand
on Dinah Shore Drive.
4.
California
State University, San Bernardino Palm Desert Campus/University of
California, Riverside, Palm Desert Center.
(Ord. 1299 § 3, 2015)
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 or her 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 one
million dollars combined single limit for each accident, no aggregate.
Automobile insurance shall be at least as broad as Insurance Service
Office Form CA 00 01 covering bodily injury and property damage for
all activities of the food vending truck.
C.
The
licensee shall maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Office Form CG 00
01, in an amount not less than one million dollars per occurrence,
two million dollars 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.
The
licensee shall maintain workers' compensation insurance (statutory
limits) and employer's liability insurance (with limits of at least
one million dollars). The 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.
The
licensee may opt to utilize umbrella or excess liability insurance
in meeting insurance requirements. In such circumstances, the licensee
shall obtain and maintain an umbrella or excess liability insurance
policy with limits of not less than four million dollars 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:
1.
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;
2.
Pay
on behalf of wording as opposed to reimbursement;
3.
Concurrency
of effective dates with primary policies;
4.
Policies
shall "follow form" to the underlying primary policies; and
5.
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
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;
4.
All
such policies shall provide, or be endorsed to provide, that the city
of Palm Desert and its officers, officials, employees, and agents
shall be additional insureds with regard to liability and defense
of suits or claims arising out of the performance under this permit.
This provision shall also apply to any excess liability policies;
5.
All
insurance coverage maintained or procured pursuant to this permit
shall be endorsed to waive subrogation against the city of Palm Desert,
its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow the 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.
I.
The
licensee shall give city prompt and timely notice of claims made or
suits instituted that arise out of or result from the licensee's performance
under this permit, and that involve or may involve coverage under
any of the required liability policies.
J.
The
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.
The
licensee acknowledges and agrees that any actual or alleged failure
on the part of the city to inform the licensee of noncompliance with
any requirement imposes no additional obligations on the city of Palm
Desert nor does it waive any rights hereunder.
(Ord. 1268 § 1, 2014)
A.
In addition
to other equipment required by law, each food vending truck shall
be equipped with the following:
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.
(Ord. 1268 § 1, 2014)
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.
(Ord. 1268 § 1, 2014)
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. 1268 § 1, 2014)
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. 1268 § 1, 2014)
The provisions of Section 5.97.110 shall not apply to food vending trucks servicing construction sites.
(Ord. 1268 § 1, 2014)
