AGENDA
ITEM
16 OF CA
AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
16 CITY COUNCIL
AGENDA STAFF REPORT
DATE: November 19, 2025
TO: Mayor and City Council
APPROVED BY: Benjamin A. Martinez, City Manager
PREPARED BY: Michael Coyne, Planning & Building Director AL SUBJECT: Introduction and First Reading by Title Only of an Ordinance of the City Council of the City of Calexico, California, Repealing Chapters 5.84 and 5.88, and Adding Chapter 5.86 to the City of Calexico Municipal Code Regarding Mobile Vending Regulations
Recommendation:
Introduce and Waive First Reading by Title Only of an Ordinance of the City Council of the City of Calexico, California, Repealing Chapters 5.84 and 5.88, and Adding Chapter 5.86 to the City of Calexico Municipal Code Regarding Mobile Vending Regulations.
Background:
On June 18, 2025 the City Council held a workshop to provide direction on the regulatory framework for mobile vendors in the City, with a focus on mobile food vendors (Attachment No. 1). The City Council indicated a strong preference for regulations that support City-based entrepreneurs and protect established brick-and-mortar restaurants. Based on this feedback, Staff has crafted the attached Ordinance (Attachment No. 2), which sets forth objective standards that support local businesses while complying with State law on mobile vending, including Senate Bill 946, the Safe Sidewalk Vending Act, and Senate Bill 972, Sidewalk Food Vending.
Discussion and Analysis:
The Calexico Municipal Code currently provides only limited regulations on the operation of mobile vendors on sidewalks, private property, and public spaces, with Chapter 5.84 primarily providing regulations on vending vehicles and stands in residential areas and Downtown Calexico, and Chapter
5.88 primarily providing regulations on door-to-door peddlers and solicitors. The proposed Ordinance would repeal these chapters and reintegrate any pertinent regulations into a new chapter (Chapter 5.86) that comprehensively regulates all types of mobile vendors, including mobile food and sidewalk vendors.
The proposed Ordinance aims to support lawful mobile vending in accordance with State law, while establishing objective standards that safeguard the health, safety, and welfare of the community.
The following provides an overview of the proposed Ordinance:
Permitting Process
All mobile food vendors operating within the city will be required to obtain necessary permits from the Public Health Department to ensure public safety. The city will retain the authority to deny any permit application if the mobile food facility is deemed a potential risk to public health or welfare. In addition to health permits, vendors will need to secure a business license as required by Title 5 of the Municipal Code. This license will need to be readily available for inspection by city officials or authorized personnel.
Vendor sales will be subject to applicable state sales tax regulations. Furthermore, any mobile vendor operating on City streets, private property, or public property will be required to obtain a Mobile Vendor Permit. This permit will be required alongside the business license and any other relevant licenses or permits.
The application process for a Mobile Vendor Permit will be conducted concurrently with the business license application. Applicants will need to submit detailed information, including personal details, descriptions of goods or food sold, vehicle information, valid health permits, and a site plan for stationary vending. The application will be reviewed by all relevant City departments.
Regarding fees, city-based vendors will only be required to pay the business license fee unless operating on city property or metered parking spaces. Non-city-based vendors will be subject to both the business license fee and a $300 Mobile Vendor Permit fee. Vendors participating in special events with an annual license will be exempt from one-day licenses. Additional fees will apply for vending in parks or metered spaces, and the Chief of Police will have the authority to authorize extended time limits for metered parking. Vending on non-park city property will be subject to negotiated rental terms approved by the City Council.
Permits will be issued by the Finance Director or designee within 30 days of receiving a complete application, provided all requirements have been met, including fee payment, departmental approvals, and resolution of any prior violations. If an application is denied, the applicant will receive written notice detailing the reasons. Denied applicants may appeal to the Administrative Hearing Officer within 15 days, with further appeal rights to the City Council. The city will reserve the right to revoke a permit if the vendor violates the Ordinance and any applicable laws. Revoked permit holders will be barred from reapplying for one year.
Regulations Applicable to All Mobile Vendors
All mobile vendors operating within the city will be required to comply with a comprehensive set of standards and conditions to ensure public safety, neighborhood harmony, and regulatory compliance.
Vendors will need to maintain valid permits at all times, including a Mobile Vendor Permit, a business license, and any other applicable permits from the City or other governmental agencies. Food vendors, specifically, will be required to hold a valid health permit from the Public Health Department. All permits will be required to be displayed in plain view for public inspection.
Mobile vending will be prohibited in residential zones, except for peddlers and solicitors who may not enter onto property with signage indicating "No Peddlers" or "No Solicitors." Vendors selling food will not be able to operate within 300 feet of existing brick-and-mortar restaurants unless both businesses share common ownership. Additionally, vending will be restricted within 200 feet of permitted special events during their duration, and within 300 feet of school property between 7:00 a.m. and 4:00 p.m. on school days. Vendors will not be allowed to use sound amplifying equipment unless it complies with the noise
limits established in the Municipal Code. Lighting will be restricted to localized illumination for visibility after dark.
Vending will be prohibited on specific streets and roads, including segments of 1st Street, 2nd Street, Rockwood Avenue, Heffernan Avenue, Adams Avenue, Highway 111, Highway 98, Anza Road Meadows Avenue, and Andrade Avenue. Vendors will also be restricted from operating on streets with speed limits exceeding 35 mph, in violation of traffic codes, or in areas deemed unsafe due to congestion.
Environmental and safety standards will require vendors to avoid discharging liquids such as grease or water into city infrastructure. Signage will be limited to what is displayed directly on the vending unit, with freestanding signs and banners being prohibited. Vendors will not be permitted to sell alcohol, tobacco, drugs, cannabis, weapons, spray cans, or pornography.
Verbal solicitation and sales to individuals in vehicles will be prohibited, and vendors will be expected to avoid obstructing pedestrian or vehicular traffic, visibility triangles at intersections, and access to buildings. Littering and liquid discharge will be strictly forbidden. Vendors using cooking or heat- generating equipment will be required to carry certified fire extinguishers or approved fire suppression tools. They will also need to maintain compliance with the Americans with Disabilities Act and other relevant regulations to ensure safe circulation and access. Lastly, vendors will be responsible for preventing loitering around their vending areas.
Regulations Applicable to Sidewalk Vendors
Sidewalk vendors operating within the city will be required to follow strict location and operational guidelines to ensure public safety and accessibility. Vendors will not be permitted to operate within 20 feet of street intersections, 10 feet of driveways or driveway aprons, on roadways or median strips, within 8 feet of building entrances or exits, or within 50 feet of another vendor on private property.
To maintain pedestrian access, sidewalk vendors will be required to provide a minimum clearance of 5 feet on sidewalks and pedestrian areas, ensuring unobstructed movement for individuals walking, running, or using mobility aids. Vendors will not be allowed to block bicycle racks, bus stops, parking meters, accessibility routes, trash bins, fire hydrants, or other emergency facilities. Sidewalk vendors will not be permitted to offer services that are not classified as merchandise or food. Additionally, vendors will be prohibited from distributing items in a way that causes people to stand in the street.
Vending will be allowed daily between 7:00 a.m. and 11:00 p.m., with peddlers and solicitors in residential areas restricted to operating between 8:00 a.m. and 7:00 p.m. Stationary sidewalk vendors will be allowed to remain in one location for a maximum of eight hours. Vendors will be required to maintain liability insurance at all times and will need to comply with all applicable state and local laws, including food safety, fire codes, noise regulations, and disability access standards.
Vending carts will not be allowed to become permanent fixtures or be considered property improvements.
Stationary vendors will be prohibited from operating in areas zoned exclusively for residential use and will not be allowed to store materials or equipment around their vending area. To maintain cleanliness, vendors will be required to provide a clearly marked trash receptacle near their cart and must clean up all trash within a 25-foot radius before leaving. Vendors will not be permitted to use trash bins belonging to other businesses or public agencies without prior consent.
Regulations Applicable to Vendors on Private Property
Mobile vendors will not be permitted to operate on private property located within residential zones. When operating on private property, vendors will be allowed to remain stationary for no longer than twelve
hours. Within their designated vending space, vendors will be allowed to use tables and chairs, provided they are movable and not permanently affixed.
Food truck courts featuring shared seating and sanitation facilities will be permitted on private property. lhe vending site will be required to have a paved surtace, sufficient parking, and will need to be maintained in a sate and clean condition at all times. If operating within a parking lot, mobile vendor vehicles will be required to park in underutilized areas or in lots not in use during vending hours due to staggered business operations. Vendors will be expected to maintain vehicular and pedestrian circulation in accordance with the Americans with Disabilities Act and all applicable local and state regulations.
Vendors will not be allowed to store exterior equipment or materials. All refuse will need to be removed within thirty minutes of closing, and vendors will be required to provide at least two 32-gallon litter receptacles within fifteen feet of the vehicle for use by both employees and customers.
To discourage loitering, vendors will be required to install signage indicating that customers may only remain on-site for up to thirty minutes after receiving their food. Vendors will be responsible for enforcing this rule. The serving or consumption of alcohol will be prohibited, except when the vendor is participating in a special event where alcohol is served or operating in conjunction with an alcohol-serving establishment such as a brewery.
Lighting will be limited to what is necessary for food preparation and menu visibility. String lights with warm-colored bulbs under 3000 Kelvin will be permitted for outdoor seating areas. Signage will be restricted to signs placed directly on the mobile food facility, while banners, wind feathers, and freestanding signs will be prohibited
Regulations Applicable to Vendors on Streets
Vendor vehicles will be permitted to operate on public streets only if they are authorized for highway use.
In addition to standard legal equipment, each vending vehicle will be required to have a convex mirror for visibility in front of the hood and a backup alarm audible from at least 100 feet away. Vending vehicles will be allowed to park and operate on public rights-of-way for up to twelve hours between 6:00 a.m. and fire hydrants, bus stops, loading zones, or accessibility features. This hour of operation limitation shall not apply to vending vehicles that serve farmworkers. Vendors will be prohibited from vending from the street side and will not be allowed to serve food or goods to parked or moving vehicles.
At all times during operation, vendors will be required to carry proof of liability insurance in the amount specified by the City. They will also need to maintain compliance with the Americans with Disabilities Act and all relevant local and state regulations to ensure safe circulation for both vehicles and pedestrians.
Lighting will be restricted to localized illumination for food preparation and menu visibility. Signage will be limited to what is placed directly on the vehicle, with freestanding signs such as banners and wind feathers being prohibited on public rights-of-way.
Vendors will be responsible for maintaining a clearly marked trash receptacle near their vehicle and must clean up all waste within a 25-foot radius before leaving the location. Roaming vendors, such as ice cream trucks, will be allowed to operate between 8:00 a.m. and 6:00 p.m. in all zones, may stop only to complete a transaction, and must not remain stationary for more than ten minutes at any one location.
These vendors will be expected to obey all traffic laws and maintain circulation consistent with ADA standards.
Regulations Applicable to Vendors on City Property
Vending on City property may be permitted under specific conditions and subject to approval by designated City officials. In City parks, vending will be allowed at the discretion of the Recreation Manager, who will determine whether the vending activity conflicts with existing concessionaires, private rentals, or may have a negative impact on park infrastructure. No more than three vendors will be authorized at a single park during any one month unless part of a special or temporary event. Vendors will be required to pay the established park rental fee, which will be valid for one month.
Vending on non-park City properties will be considered on a case-by-case basis, with rental terms and pricing to be negotiated by the City Manager and authorized by the City Council. Food Truck Courts will also be permitted on City property under similar agreements. The City will reserve the right to prohibit vending in parks that have exclusive concessionaire agreements. Vendors will not be allowed to operate in City parks during scheduled events, whether City-sponsored or private, unless they are authorized to participate by the event organizer.
In addition to general vending regulations, vendors operating in City parks will be subject to all park- specific rules and regulations. Vendors will be prohibited from operating on sports courts or fields, regardless of whether those facilities are in use. Lighting will be restricted to internal food preparation and menu illumination. String lighting with warm-colored bulbs under 3000 Kelvin may be permitted for outdoor seating areas. Lastly, vendors will only be allowed to operate during the hours the park is officially open.
Summary
The proposed Mobile Vending Ordinance will serve as a strong first step toward establishing clear and consistent regulations for the mobile vending industry within the City. By outlining operational standards, permit requirements, location restrictions, and public safety measures, including hours of operation, the Ordinance will help guide Staff in the processing and enforcement of mobile vending permits. As with any Ordinance, as mobile vending continues to evolve, the Council maintains the authority to adjust the Ordinance at any time as needed to address unforeseen issues, improve enforcement, and better serve the community's needs.
Staff recommends that the City Council find that the proposed ordinance is not subject to the California Environmental Quality Act because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment (Sections 15060(c)(2) and (3)).
Fiscal Impact:
The proposed Ordinance will not have a direct fiscal impact on the City.
Coordinated With: Norma Gerardo, Recreation Manager
Armando Orozco, Police Chief
Attachments):
1. June 18, 2025 Staff Report
2. Draft Ordinance
ATTACHMENT NO. 1
Docusign Envelope ID: 12C9DF0F-ADDD-432C-B1C9-37B0B841FABA AGENDA
CALEXICOL ITEM
WHERE CALITORNIA AND MEXICO MEET
13 CITY COUNCIL
AGENDA STAFF REPORT
DATE: June 18, 2025
TO: Mayor and City Council - Signed by:
Richard A. Daniels
APPROVED BY: Richard A. Daniels, Interim City Manager
-3BOZED4621754CB...
PREPARED BY: Michael Coyne, Planning & Building Director SUBJECT: Food Truck Workshop - Discussion on Regulatory Framework for Mobile Food Vendors
Recommendation:
Staff recommends that the City Council receive this report and provide direction on the regulatory framework for mobile food vendors in the City, including preferences related to location, operational hours, total number of vendors, concentration of vendors, performance standards, and the permitting scheme.
Background:
Mobile food vendors, most commonly identified as "food trucks," have experienced significant growth across California and the United States. Food trucks can contribute to the vitality of a city's commercial and cultural life by offering diverse dining options, supporting small business development, and activating underutilized spaces. However, if not properly regulated food trucks can also undermine existing brick- and-mortar restaurants, which have higher overhead costs including property taxes, fixed utilities, higher staffing needs, and costly commercial kitchen requirements.
With increasing interest in food truck operations within the City, a clear and balanced regulatory framework is needed to guide their operation in a way that supports economic development, ensures public safety, respects neighborhood integrity, and compliments existing brick-and-mortar restaurants.
Discussion and Analysis:
Overview of Food Truck Industry
Food trucks represent a growing segment of the food service industry. They are often started by small business owners and serve as incubators for future brick-and-mortar restaurants. However, they also raise regulatory and logistical considerations related to zoning, health and safety, noise, aesthetics, parking, and competition with brick-and-mortar restaurants. Mobile food facilities, which include processing and non-processing facilities, are defined as any vehicle used in conjunction with a
Docusign Envelope ID: 12C9DF0F-ADDD-432C-B1C9-37B0B841FABA commissary or other permanent food facility upon which food is sold or distributed at retail. Processing mobile food facilities are vehicles, most typically food trucks, that prepare food through cooking techniques such as frying and grilling. Non-processing mobile food facilities typically offer pre-packaged foods like snacks and beverages, with ice cream trucks and paleta carts being notable examples.
California Health Regulations
Mobile food facilities in California are regulated under the California Retail Food Code, which establishes standards for:
Food storage and preparation
° Equipment sanitation
• Employee hygiene
Waste disposal and water supply
• Commissary requirements (food trucks must report to a commissary daily for cleaning and food storage)
A commissary is an approved, permitted commercial kitchen which a mobile food facility is required to use for storage of food and supplies, cleaning and sanitizing of utensils, sanitary disposal of garbage and liquid waste, filling of the potable water tank, cleaning and maintenance of the mobile food facility, and any food prep that can't be performed inside the vehicle. A mobile food facility operator is not permitted to do any of these activities at home. All mobile food facilities must be inspected and permitted by the Imperial County Public Health Department. See attached Mobile Food Facility Construction Guide from the Imperial County Public Health Department (Attachment No. 1).
Current City Regulations
At present the Calexico Municipal Code (CMC) does not specifically regulate mobile food trucks. City policy has allowed them to operate within the City primarily as catering services at special events. In accordance with Section 17.05.120 of the CMC, catering establishments are a permitted use in commercial zones, excepting the Commercial Neighborhood (CN) Zone. Mobile food sidewalk vending must be allowed pursuant to California Senate Bill 946, the Safe Sidewalk Vending Act. Food trucks, being motorized vehicles, fall outside the scope of SB 946. Sidewalk vending within the City is loosely regulated through Calexico Municipal Code Section 5.84.10. This CMC section specifically prohibits street and sidewalk vending in residential zones and designated public streets. Streets where vending is prohibited are in Downtown Calexico and include Heber Avenue, Heffernan Avenue, Rockwood Avenue, Paulin Avenue, and Imperial Avenue, south of Fourth Street. Additionally, vending is prohibited along First Street, Second Street and Third Street west of Imperial Avenue and east of Heber Avenue.
Vending activities, including the sale of various food items such as ice cream, tamales, and fresh produce, are prohibited on these streets and sidewalks. Outside of these areas, sidewalk vending is permitted if the vendor obtains a permit from the Health Department and a City business license.
Pursuant to this CMC section, the City has also allowed non-processing mobile food facilities, such as ice cream trucks, to operate within the City, although this has been implemented as an interpretive policy rather than a clear regulation set forth in the CMC.
Regional Regulations
City of Imperial
The City of Imperial has recently adopted an ordinance regulating mobile food facilities (Attachment No. 2). Mobile food vendors that opt to temporarily park on the public right-of-way, with the listed restrictions in the ordinance, are only required to obtain a business license. If situated on private property, a mobile food facility requires a temporary use permit from the Community Development (Planning) Department, which is $431, plus the cost of maintaining an annual business license. Special event food vendors are
Docusign Envelope ID: 12C9DF0F-ADDD-432C-B1C9-37B0B841FABA permitted by the Community Services (Parks & Recreation) Department. The ordinance requires food trucks that cook or process food to operate on private property for a maximum of four hours. They must receive written permission from property owners and can only operate in designated commercial and industrial zones. The vending site must be paved and have sufficient parking to accommodate the food truck and existing uses at the property, if any. Additionally, site furniture is limited to portable tables and chairs. If the facility will be conducting business in one location for a period longer than one hour, a restroom must be provided within 200-feet of the site
In addition, mobile food facilities are mandated to provide adequate trash and organic waste receptacles, which must be emptied within thirty minutes after operation ends each day. Vendors must maintain accessible pathways. Mobile food vending is also allowed at special events. For those participating in special events, including at public parks and facilities, adherence to specific event permits is required to ensure compliance with additional regulations. Non-processing mobile food facilities desiring to vend from public parks or facilities are required to obtain a permit from the Parks and Recreation Division.
Non-processing mobile food facilities, which typically include vendors selling pre-packaged foods, have distinct regulations separate from food trucks involved in cooking. Such vendors are permitted to operate exclusively on public rights-of-way for limited durations that do not exceed an hour. Noise regulations apply to these vendors, particularly ice cream trucks, ensuring they do not disturb residential areas. Further restrictions limit signage and prohibit site furniture and require compliance with established permits for special events. The use of sound amplifying equipment is limited to comply with noise regulations, and no alcohol sales are permitted. Vendors must also refrain from obstructing pedestrian or vehicle traffic, discharging waste improperly, or operating stationary for excessive durations. Mobile food facilities that engage in food processing must ensure daily storage at designated commissaries.
City of El Centro
The City of El Centro recently received a grant to craft a mobile food vendor ordinance, which is currently in draft form (Attachment No. 3). Currently, the City issues mobile food facility temporary use permits for processing, limited, and non-processing food facilities at a cost of $200.75 (Attachment No. 4). The proposed ordinance would require that in addition to a health permit and business license, all vendors obtain a mobile vendor's permit. In addition, El Centro would also require a temporary use permit for vending on private property. Vendors operating in conjunction to an outdoor market, community event, or other event permitted through a Temporary Use Permit or Special Event Permit would be subject to the requirements and conditions of that permit.
The proposed ordinance would include regulations that apply to all types of mobile food vendors. All vendors would be prohibited from using sound amplification that exceeds established noise limits, and must avoid using lighting beyond what is necessary for visibility. Very specific location restrictions would apply, such as keeping a distance of 50 feet from other food vendors and 200 feet from farmers' markets and designated event areas. Health and safety standards would mandate that all vendors maintain sanitation and waste disposal practices, and vendors would not be allowed to discharge any liquids into the city's storm drains.
Sidewalk vendors would be subject to additional operational guidelines aimed at facilitating pedestrian movement and ensuring public safety. They would not be able to operate within certain distances from street intersections, driveways, or building entrances, and would be required to maintain a clear pathway for pedestrians. Sidewalk vendors would be restricted from blocking access to essential facilities like bus stops and impeding access routes. They would also need to adhere to Fire Code regulations. The proposed regulations also stipulate time-related restrictions on vending in residential areas and would require stationary vendors to relocate after set timeframes to prevent permanent structures from forming in public spaces.
Docusign Envelope ID: 12C9DF0F-ADDD-432C-B1C9-37B0B841FABA When operating on private property, mobile vendors would be required to secure the property's owner's consent and a temporary use permit, while complying with zoning restrictions to prevent operation in certain residential areas. Vendors would be able to remain in one spot for a maximum of 12 hours and would be required to adhere to guidelines regarding site cleanliness, waste disposal, and customer behavior, including a no-loitering rule. They would also be tasked with ensuring their operations do not disrupt pedestrian or vehicle circulation and they would be required to provide adequate trash receptacles nearby for immediate waste disposal.
Finally, the proposed El Centro ordinance includes regulations for vendors operating on public streets and within parks. Specific streets would be designated as off-limits for vending. Special signage restrictions and insurance requirements would be implemented. In parks, vending would be allowed only in specified locations with a valid permit, and vendors would be required to comply with park- specific rules and any event-based restrictions.
Regulatory Considerations
As the City develops its own local framework for mobile food vending operations, the following regulatory considerations are proposed for discussion:
1. Permissible Locations
Council direction is requested on the following:
• Should there be designated food truck zones or should they be allowed citywide? • Private property: With owner permission and possibly subject to zoning restrictions. Should food trucks be allowed on private property? Under what conditions? • Public property: Including City-owned lots or other public land. Should food trucks be allowed on public property, public parking lots and/or City parks? • Should food trucks be prohibited in all residential zones? • Downtown area: To activate downtown activity, promote tourism, and support events. Are there areas, such as Downtown, that should be prioritized or limited for food truck activity? Are there areas that should be considered for food truck courts?
• Commercial areas near residential neighborhoods: To balance accessibility and minimize residential disturbances. Should food trucks be allowed in commercial areas near residential neighborhoods?
Public Parks: Including during recreational events or weekends. • Parking Lots: With defined hours and spacing requirements. • On-Street Locations: With designated zones, along designated streets, time limits, and safety rules. Should food trucks be allowed to operate in on-street locations? • Existing brick-and-mortar restaurants. Should there be a buffer from brick-and-mortar restaurants or an exemption for those operating as a complimentary business to a brick-and- mortar restaurant.
2. Total Number of Food Trucks
The Council may consider:
• Establishing a cap on the number of food truck permits issued annually. Should there be a cap on the number of food trucks in operation at any time?
• First come, first serve or a lottery or rotation system if demand exceeds the cap. • Limiting food trucks from operating in the City to only those that have commissaries or restaurants in the City (i.e. no out-of-town food trucks). • Setting density limits in certain areas (e.g., Downtown).
Limiting the concentration of food trucks in one area (i.e. food truck courts). Should food truck courts be allowed? If so, where?
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3. Operating Hours
What should be the allowable hours of operation? Should they differ by zone or location? Options for daily hours of operation include:
• Consistent city-wide hours (e.g., 8:00 AM to 10:00 PM) • Extended weekend hours
• Earlier cut-off times in residential-adjacent areas
4. Performance Standards
What sort of signage limitations should there be? Lighting requirements? Noise limits (i.e. propane generators or battery systems)? Accessibility to restrooms? Should food trucks on private property be required to move every day? Should they be allowed to have portable tables/chairs?
5. Permitting
In addition to a health permit and business license should the City require a separate mobile food vendor's permit? What fee for the permit should be charged? Should food trucks with out-of-town commissaries pay a higher permit fee? Should mobile food vendors be covered by a temporary use permit for special events at City parks or should they be required to obtain a separate permit as well? Also be kepti cing, especial for weakened is ate the ers reet of polent regains should Next Steps:
Based on Council's input, staff will develop a draft ordinance for mobile food facilities in Calexico, with continued public outreach to food vendors, residents, and business owners.
Fiscal Impact: None.
Attachments):
1. Imperial County Public Health Department Mobile Food Facility Construction Guide
2. Adopted City of Imperial Mobile Food Facilities Ordinance
3. Draft City of El Centro Mobile Vendors Ordinance
4. City of El Centro Mobile Food Facility Permit Application
ATTACHMENT NO. 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, REPEALING CHAPTERS 5.84 AND 5.88 AND ADDING CHAPTER 5.86 TO THE CITY OF
CALEXICO MUNICIPAL CODE REGARDING MOBILE VENDING REGULATIONS
WHEREAS, THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, FINDS THAT:
1. The City of Calexico, California ("City") is a municipal corporation, duly organized under the laws of the State of California;
2. The Calexico Municipal Code presently contains limited regulations on the operation of mobile vendors operating on sidewalks, private property, and public property and the City now intends to amend those regulations to allow mobile vending in accordance with California Senate Bill 946, the Safe Sidewalk Vending Act, and Senate Bill 972, Sidewalk Food Vending, while protecting the health, safety and welfare of the community with objective standards; and
3. Mobile vending can foster entrepreneurship and economic growth, enhance public access to diverse goods, and contribute to the creation of vibrant and inclusive public spaces; and
4. The inherent nature of vending from the streets and sidewalks poses a unique risk to health, safety, and welfare of the public, including but not limited to impacts to vehicle, pedestrian, and bicycle safety, obstruction of public right of ways in nonconformance with the Americans with Disabilities Act, visual obstruction caused by mobile vending that impairs traffic safety, maintenance and improvements to public right of ways for public use, unsanitary conditions resulting from food preparation and consumption; which require the City to impose regulatory measures; and
5. Regulations for vending in public parks and other public facilities are necessary to preserve the public's continued use and enjoyment of those facilities; and
6. The provisions of this ordinance, establish regulations on the operation of mobile vendors directly related to objective health safety, or welfare concerns.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Deletion of Title 5, Article II, Chapter 5.84 "VENDING VEHICLES AND STANDS" in its entirety.
SECTION 2. Deletion of Title 5, Article II, Chapter 5.88 "VENDORS, PEDDLERS, AND SOLICITORS" in its entirety.
SECTION 3. Addition of Title 5, Article II, Chapter 5.86 "MOBILE VENDING" Chapter 5.86 of the Calexico Municipal Code is hereby added to read as follows:
"Chapter 5.86 - MOBILE VENDING
5.86.010 - Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
"Brick-and-mortar restaurant" means a non-mobile restaurant located within a fixed building containing a commercial kitchen.
"City" means the City of Calexico.
"City-based vendor" means a mobile vendor whose primary residence is located within the jurisdictional boundaries of the City of Calexico.
"City park and public facility" means and includes all parks, recreational buildings, arts and cultural buildings, and associated restrooms, snack bars, gathering or parking areas. "Community event" means an event that is of civic, political, public or educational nature, including city festivals, and other public gatherings approved by the City, as defined in Health and Safety Code section 113755, as now adopted or hereafter amended. "Food" means items intended primarily for consumption by human beings. "Food Truck Court" means an area set up with more than two vending vehicles. "Goods or Merchandise" means any item that is not food or a food product and can be sold and immediately obtained from a sidewalk vendor. Items for rent, subscription plans, and other services shall not be considered goods or merchandise.
"Mobile food facility" means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail, or as defined in California Health & Safety Code Section 113831.
"Mobile food facility permit" means a permit issued by the Public Health Department to operate a mobile food facility.
"Mobile Vendor" or "Vendor" means any person who vends from a vending cart, from one's person, or from a vending vehicle, including an employee or agent of another. "Mobile Vendor Permit" is the revocable permission issued by the City pursuant to this chapter granting an applicant the right to operate a mobile vending business within the City, subject to the provisions of this chapter.
"Peddler" is defined as any person, including salesperson or vendor, who goes from house to house or place to place, going in and upon private residences or residential property within the city, selling and making immediate delivery or offering for sale and immediate delivery, any goods, wares, merchandise, newspapers, magazines or services or anything of value in the possession of the peddler to persons other than manufacturers, wholesalers, jobbers, or retailers in such commodities or services.
"Public Health Department" means the Division of Environmental Health of the Imperial County Public Health Department.
"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Roaming vehicular street vendor" means a street vendor that operates a vending vehicle, such as an ice cream truck, that moves from place to place and stops only to complete a transaction.
"Selling door-to-door" means the practice of going in and upon private residences or residential property in the city by solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise, not having been requested or invited to do so by the owner or occupant of such private residence; for the purpose of soliciting funds, contracts or services, order for the sale of contracts, newspapers, magazines, services, goods, wares, merchandise, or anything of value; or for the purpose of disposing of, or peddling, or hawking the same, or any of them. "Solicit" or "solicitation" means the request, directly or indirectly, of money, contribution, credit, property, financial assistance or other thing of value. These words shall also mean and include the sale of, offer or attempt to sell, any contract, service, wares, or merchandise. A "solicitation" as defined in this chapter shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this chapter. "Solicitor" is defined as any person, including salesperson or vendor, who engages in the business of going from house to house or place to place going in and upon private residences or residential property within the city, selling or taking orders for, or offering to sell or take orders for goods, wares, merchandise, newspapers, magazines or services, or other things of value, for future delivery or for services to be performed in the future, to commodities or services. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. "Vend" or "vending" means offering goods or food of any kind for preparation or sale. "Vending vehicle" means any motorized vehicle, motorized device, or trailer that is propelled or drawn by a motorized vehicle and that may be legally propelled or move upon a road or highway. "Vending cart" means any pushcart, stand, display, pedal drive cart, wagon, showcase, rack or other non-motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.
"Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-drive cart, wagon, showcase, rack, or other non-motorized conveyance, or from his/her person, upon a public sidewalk or other public path, and includes those selling for charitable purposes, and also includes "roaming sidewalk vendor" and "stationary sidewalk vendor." "Street" means that portion of the public right-of-way or public easement for the purposes of vehicle travel or parking.
5.86.020 - Public health department permit required.
A. All vendors operating mobile food facilities in the City in any capacity must obtain all required permits from the Public Health Department.
B. Nothing in this chapter shall prevent the City from denying any permit application for any mobile food facility if, in the opinion of the Public Health Department or City, such mobile food facility poses a real potential risk to the health and welfare of the public.
5.86.030 - Business license required.
All vendors shall be required to apply for and obtain a business license pursuant to Title 5 of the Municipal Code. All other vendors shall carry a business license certificate that can be readily inspected upon request by a City official or any other authorized person. Vendor sales shall be subject to sales tax in a manner required by state law.
5.86.040 - Mobile Vendor Permit required.
In addition to procuring a business license as set forth in Section 5.86.040, all persons vending on the public right-of-way, private property, or public property shall obtain a Mobile Vendor Permit issued pursuant to this chapter and any other license or permit required under any other chapter of this Code.
5.86.050 - Mobile Vendor Permit application process.
The Mobile Food Permit Application shall be processed concurrently with the Business License application as a separate form and the application form shall include sufficient information as prescribed by the Planning & Building Director in order to properly evaluate the application for compliance with this chapter, including, but not limited to: applicant information, description of goods and/or food being sold, vending vehicle information, valid copies of Public Health Department permits (if applicable), and a site plan for stationary vending. Along with the Business License application, the Mobile Vendor Permit application form, shall be routed to all City departments for review and signature.
5.86.60 - Mobile Vendor Permit application fee.
With exception to operating on City property or on street segments with metered parking, there shall be no additional fee for City-based vendors other than the Business License Fee for a Mobile Vendor Permit. Non City-based vendors shall be subject to the Business License Fee and a $300 Mobile Vendor Permit fee. Mobile vendors obtaining an annual business license shall not be required to obtain a one-day business license for special events. Mobile vendors operating in a City park shall be subject the park rental fee which shall be valid for one month. Mobile vehicular vendors operating in a metered parking space shall pay the full cost of the metered parking for the duration of the vending. The Chief of Police or designee shall have to authority to permit a mobile vehicular vendor to exceed posted time limits for a metered parking space as part of the review and approval of the Mobile Vendor Permit application. Mobile vendors operating on a non-park City property shall be subject to rental price and terms as negotiated with the City Manager and authorized by the City Council. 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 mobile vending operation until such permit has been granted or renewed. Nothing in this section precludes the City from inspecting and re-inspecting the mobile vending business if it is determined that such inspection or re-inspections are necessary to ensure the health and welfare of the public.
5.86.070 - Business License and Mobile Vendor Permit issuance.
The Finance Director or designee(s), within thirty (30) days after receiving a complete application, shall grant the Business License and Mobile Vendor Permit if the Finance Director or designee finds that all of the following requirements have been met:
A. The required fees have been paid;
B. The Mobile Vendor Permit application has been approved by the Planning & Building Director or designee with a determination that the application conforms in all respects to the provisions of this chapter and other chapters of the Code;
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; and E. The applicant has not failed to pay any previous administrative fines, complete any community service and/or complete any other alternative disposition associated with a previous violation of this chapter.
5.86.080 - Mobile Vendor Permit denial and renewal.
A. If the Planning & Building Director or designee find that the requirements set forth in this chapter have not been met, the Planning & Building Director or designee shall deny the application for a Mobile Vendor Permit. In the event the application is denied by the Planning & Building Director 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, via electronic transmittal to the e-mail address provided by the applicant, or mailed to the applicant at his/her mailing address as set forth in the application.
B. Any applicant whose application for a mobile vendor permit has been denied by the Planning & Building Director or designee may submit an appeal in writing to the City Clerk within fifteen (15) days of such denial. Appeals will be heard by the Administrative Hearing Officer. The decision made by the Administrative Hearing Officer may be appealed to the City Council. All appeals shall be subject to any and all applicable appeal fee as approved by resolution.
C. The Mobile Vendor Permit shall be remain valid with a corresponding Business License that is active and in good standing. The Mobile Vendor Permit shall become null and void with an expired and/or inactive Business License. A new application for a Business License and Mobile Vendor Permit shall be submitted pursuant to the procedures established in this chapter if a Business License and Mobile Vendor Permit have expired.
5.86.090 - Revocation.
A. Any Mobile Vendor Permit may be suspended or revoked by the Planning & Building Director 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 Planning & Building Director or designee within two (2) weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permittee was based;
3. Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the Municipal Code; 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 mobile food facilities.
B. The City reserves the right to revoke the Mobile Vendor Permit if the permittee is in violation of any federal, state or local laws.
C. No person whose Mobile Vendor Permit is revoked shall be eligible to apply for a new Mobile Vendor Permit for a period of one (1) year following such revocation.
5.86.100 - Mobile Vendor Requirements - All.
All mobile vendors shall comply with the following standards and conditions:
A. Vendors shall maintain at all times while vending a valid mobile vendor's permit, business license, and any other permits) or licenses(s) required by the City or other governmental agencies. Food vendors shall in addition, maintain a valid health permit from the Public Health Department. All required permits specified in this section shall be placed on display in plain view by the public.
B. No vendor may use sound amplifying equipment, unless it complies with the noise limits established in Chapter 8.46 of the Municipal Code.
C. No lighting may be used except localized lighting that is used by the vendor for visibility after dark.
D. Mobile vendors shall not operate in any of the following locations or under the following conditions, as specified in this section:
1. Excepting peddlers and solicitors, mobile vending shall be prohibited within residential zones. For the purposes of this chapter, residential zones shall be as prescribed in Municipal Code Chapter 17.03 and as applied to real property pursuant to the City's Official Zoning Map. Where the zoning of a street is ambiguous, the half street, including any sidewalks therein, shall have the same zoning as the adjoining real property. No peddler or solicitor, whether selling or pretending to sell goods, wares, or merchandise of any kind or taking orders for any article, material, or substance, is allowed to ring the bell or knock on the door of any residence, dwelling, flat, or apartment that has a sign displaying "No Peddlers," "No Solicitors," or "No Peddlers or Solicitors."
2. Within 300 feet of an existing brick-and-mortar restaurant if selling food. However, mobile food vendors may operate on the same property, or frontage thereof, of a brick-and- mortar restaurant if the brick-and-mortar restaurant and mobile food vending business have common ownership.
3. Within 200 feet of an area designated for a permitted special event or temporary use permit event. This prohibition shall be limited to the duration of the temporary event.
4. Within 300 feet of the nearest property line of any property on which a school building is located, between the hours of 7:00 a.m. and 4:00 p.m., each day that school is in session.
5. Vending is prohibited on the following streets and roads:
i) 1st Street, between Paulin Avenue and Heber Avenue;
ii) 2nd Street, between Paulin Avenue and Heber Avenue; ili) Rockwood Avenue, between 1" Street and 3"d Street; iv) Heffernan Avenue, between 1st Street and 3'd Street; v) Adams Avenue between 4** Street and Imperial Avenue; vi) Highway 111 (Imperial Avenue);
vil) Highway 98 (Birch Street);
vili) Anza Road; and
ix) Meadows Avenue;
x) Andrade Avenue, between Highway 98 and Cole Blyd.
6. When the posted speed limit on the public street is greater than thirty-five (35) miles per hour;
7. When the vending vehicle is parked in violation of any other provision of this Code, or the California Vehicle Code;
8. Adjoining an intersection or on a roadway segment that the City Engineer has determined to be unsafe due to vehicular congestion with a level of service D or worse; and E. Vendor shall not discharge any liquid (e.g., grease, oil, water) onto or into City streets, storm drains, catch basins, or sewer facilities.
F. Signage shall be limited only to the vending offered and must be displayed upon the vending vehicle, vending cart or person. Banners, wind feathers or free-standing signage is prohibited.
G. No vending of alcohol, tobacco, drugs or cannabis, firearms, weapons, spray cans, or pornography.
H. No verbal solicitation of business from pedestrians or persons in vehicles, and no sales to persons in vehicles.
I. No obstruction or interference with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any parking lot, business, public building, or dwelling unit.
J. No obstruction of required visibility triangle at any driveway or intersection as established in Section 17.09.460(C) of the Municipal Code.
K. No littering or release of any liquids.
L. Vendors utilizing cooking or other heat generating equipment shall have a certified fire extinguisher or other acceptable fire suppression equipment while operating.
M. The vendor shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.
N. The vendor shall not allow loitering around their vending area.
5.86.110 - Sidewalk Vendor Operating Requirements.
A. No sidewalk vendor shall operate in the following locations:
1. Within twenty feet (20) of any street intersection;
2. Within ten (10) feet of any driveway or driveway apron;
3. Upon or within any roadway, median strip, or dividing section;
4. Within eight (8) feet from entrance or exit of a building; or
5. Within fifty (50) feet from another sidewalk vendor, street vendor, or mobile vendor on private property.
B. Sidewalk vendors must at all times provide a clearance of not less than five (5) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices. No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles.
C. No sidewalk vendor shall block or impede access to bicycle racks, bus stops, parking meters, required accessibility routes and curb cuts, trash enclosure areas or trash bins, fire hydrants, fire call boxes, or other emergency facilities.
D. No sidewalk vendor shall distribute any item from the vending cart in a manner that causes any person to stand in the street.
E. Sidewalk vendors shall not offer, provide, rent, or sell a service that is neither defined as merchandise nor food.
F. Vending is permitted between the hours of 7:00 a.m. and 11 p.m., daily, except as follows:
1. In residential areas, peddlers and solicitors shall only vend between the hours of 8:00 a.m. and 7:00 p.m. daily.
G. A stationary sidewalk vendor may stay in one (1) location only for eight (8) hours.
H. Sidewalk vendors shall maintain and possess, at all times while vending, proof of liability insurance in the amount required by the City.
1. Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
J. No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property.
K. Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.
I. Stationary vendor may not store materials or equipment around his or her vending area.
M. Stationary sidewalk vendors shall maintain a clearly designated trash receptacle in the immediate vicinity of the vending cart, marked with a sign requesting use by patrons. Prior to leaving any vending location, the vendor shall pick up, remove, and dispose of all trash generated by the vending operations within a twenty-five (25) foot radius of the vending location. Vendors may not utilize solid waste receptacles belonging to other businesses without consent from that business. Vendors may not utilize solid waste receptacles belonging to the City, County, or other public agency without prior consent.
5.86.120 - Mobile Vendor Operating on Private Property Requirements.
A. Mobile Vendors shall not operate on private property within a residential zone.
B. No mobile vendor operating on private property shall be stationary for a period longer than twelve (12) hours.
C. Tables and chairs shall be allowed within the mobile vendor's designated space as defined in the site plan. Tables and chairs shall not be permanently affixed and shall be moveable.
D. Food Truck Courts with shared seating and sanitation facilities shall be permitted on private property.
E. The site where a vendor is parked shall consist of a paved surface with adequate parking and maintained in a safe and clean manner at all times.
F. Exterior storage, equipment or materials associated with the mobile food facility is prohibited, unless expressly allowed in this chapter. All refuse shall be removed from the vending site and properly disposed of within thirty (30) minutes of the closing of vending for the day at the site.
A minimum of two (2) thirty-two (32) gallon litter receptacles within fifteen (15) feet of the vehicle shall be provided. The receptacles will serve both employees and customers.
G. 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. The vendor shall enforce the no-loitering rule.
H. The serving or consumption of alcohol shall be prohibited from a mobile vendor. However, a mobile vendor may operate at a special event where alcohol is served or in conjunction with an alcohol-serving establishment, such as a brewery.
I. No lighting, except lighting that is used for the purpose of inside food preparation and menu illumination. String lighting with warm color bulbs (under 3000 Kelvin) shall be permitted for outdoor seating areas.
J. Signs placed in or on the mobile food facility are permitted. Banners, wind feathers, vehicle signs or other free standing signage is prohibited.
K. If within a parking lot, parking of mobile vendor vehicles shall be in underutilized areas of the parking lot or within a parking lot that is not in use during the operation of the mobile vending business due to a staggered use (e.g. office building) or closed business.
L. The vendor shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.
5.86.130 - Vendor Vehicle Operating on the Street Requirements.
A. Only vending vehicles authorized to operate on a highway, shall be allowed to operate in the public right of way.
B. In addition to any other equipment required by law, each vending vehicle shall be equipped with the following:
1. A convex mirror mounted so that the driver can see the area in front of the truck that is blocked by the truck's hood; and
2. A back-up alarm audible for a distance of at least one-hundred (100) feet.
C. Vending vehicles are allowed to park and operate on the public right-of-way for no more than twelve (12) hours, between the hours of 6:00 a.m. and 12 a.m., however, with no limitation on the hours of operation for those serving farmworkers, except when the following apply:
1. When located within fifty (50) linear feet from a corner;
2. When located within fifty (50) linear feet from another sidewalk vendor, street vendor, or mobile vendor on private property; and
3. When located within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp.
D. Vending is prohibited from the street side and food or goods shall not be distributed to parked or moving vehicles.
E. Vending vehicles shall maintain and possess at all times while vending proof of liability insurance in the amount required by the City.
F. The mobile food facility shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.
G. No lighting, except localized lighting that is used on or in the mobile food facility for the purpose of inside food preparation and menu illumination.
H. Signs placed in or on the mobile food facility are permitted. Banners, wind feathers, or other free-standing signage is prohibited on the public right-of-way.
I. Vending vehicles operations shall maintain a clearly designated trash receptacle in the immediate vicinity of the vending vehicle, marked with a sign requesting use by patrons. Prior to leaving any vending location the vendor shall pick up, remove, and dispose of all trash generated by the vending operation within 25 feet from the vending location.
J. Roaming Vehicular Street Vendors (e.g. ice cream trucks) may operate subject to the following conditions:
1. May operate between the hours of 8:00 a.m. to 6:00 p.m. in all zones.
2. May stop only to complete a transaction and shall not remain stationary for longer than ten (10) minutes at any one (1) location.
3. Shall obey all applicable state and local traffic laws at all times while operating on public streets.
4. Shall maintain pedestrian and vehicular circulation consistent with the Americans with Disabilities Act.
5.86.140 - Vendors Operating on City Property.
A. Vending shall be allowed at City parks at the discretion of the Recreation Manager, where, based on the determination of the Recreation Manager, such vending will not conflict with concessionaires, private rentals at the park and the area the vendor will conduct business is suitable and will not have a detrimental impact on park infrastructure. The Recreation Manager shall not authorize more than three vendors at a single park during any one month unless part of a special event or temporary use. Vendors shall pay the established park rental fee, which shall be valid for one month.
B. Vending shall be allowed at non-park City properties on a case-by-case basis with rental price and terms negotiated by the City Manager and authorized by the City Council. Food Truck Courts shall be similarly allowed on City property.
C. The City reserves the right to prohibit mobile vending within a park with an exclusive concessionaire agreement.
D. No vendor may vend in a City park during any scheduled event, whether it is a City event or a private event for which a special event permit or temporary use permit has been obtained, unless such vendor is authorized by the special event or temporary use organizer to participate in such event.
E. In addition to the requirements of this chapter, any vendor operating in a City park is subject to the rules and regulations for activities and vending within that park.
F. No vendor may operate on a sports court or field, whether or not that facility is in use.
G. No lighting, except lighting that is used for the purpose of inside food preparation and menu illumination. String lighting with warm color bulbs (under 3000 Kelvin) shall be permitted for outdoor seating areas.
H. A vendor may vend in a park only during the hours such park is open.
5.86.150 - Temporary Uses and Special Events.
Vendors operating in conjunction with an outdoor market, community event, or other event permitted through a Temporary Use Permit or Special Event Permit shall be subject to the requirements and conditions of that permit.
5.86.160 - Public Nuisance Declaration.
Any violation of this chapter is hereby declared to be unlawful and a public health nuisance and may be abated by the City, irrespective of any other remedy provided in this chapter.
5.86.170 - Administrative Citations.
A. A violation of the requirements of this chapter is punishable only by administrative citations, as follows: one hundred dollars ($100.00) for the first violation; two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; and five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.
B. The City may revoke the vendor's business license and mobile vendor permit for the remaining term upon a fourth or subsequent violation and the vendor may be denied a subsequent business license or mobile vendor permit.
5.86.180. Administrative Fine Reduction.
A. At the time of service of an administrative citation pursuant to Municipal Code Chapter 1.27, the City shall provide the vendor with notice of the right to request a fine reduction and hardship waiver pursuant to Municipal Code Sections 1.27.040 and 1.27.080 and shall provide instructions for how to do so.
B. Notwithstanding the time frames set out in Municipal Code Chapter 1.27 regarding administrative citations, any vendor served with a citation under this chapter may request a fine reduction and hardship waiver pursuant to Municipal Code Sections 1.27.040 and 1.27.080 at any time while the citation remains unpaid
C. The City will accept twenty (20) percent of the administrative fine as full payment when the vendor applying for a fine reduction and hardship waiver meets the criteria described in California Government Code Section 62632(a) or (b)."
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 6. Certification. The City Clerk shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933.
SECTION 7. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
PASSED, ADOPTED, AND APPROVED at a regular meeting of the City Council of the City of Calexico, California on the 19th day of November 2025, by the following vote:
Diana Nuricumbo, Mayor
ATTEST:
Veronica Luna-Alvarado, City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) SS
CITY OF CALEXICO )
I, Veronica Luna-Alvarado, City Clerk of the City of Calexico, California, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Calexico held on the 19th day of November, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Veronica Luna-Alvarado, City Clerk