CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
Item No. Item No.
Item No.
Item No.
TO: Honorable Mayor and City Councilmembers
FROM: Noel Tapia, City Attorney
SUBJECT: Second Reading and Adoption by Waiving Full Reading of Ordinance Regarding Mobile Food Vendor Regulations Meeting Date: December 12, 2023
RECOMMENDATION
Second Reading and Adoption by Waiving Full Reading of Ordinance No. ____, entitled “AN ORDINANCE OF THE CITY OF COMMERCE ADDING CHAPTER 5.18 TO THE CITY OF COMMERCE MUNICIPAL CODE RELATING TO MOBILE FOOD VENDING”; or
BACKGROUND
On June 13, 2023, the City updated the sidewalk vending regulations—applying to stationary and roaming vendors only— in accordance with Senate Bill 946 and Senate Bill 972. Recently, the City has noted an increase of mobile food truck vehicles which raises concerns on how to regulate these vendors accordingly. As such, the City decided to add a new chapter addressing specifically mobile food trucks to protect the health, safety, and general welfare of the community which was not addressed in the Commerce Municipal Code (“Code”). This also provides the City a procedure on how to assist mobile food vendors interested in applying for necessary permits and regulate those not in compliance with the Code.
The City Attorney’s office has held multiple meetings with city staff since June 20, 2023, to develop a comprehensive vendor procedure that will provide an overview of the current regulations and process to apply for a vendor permit. The City Attorney’s Office was directed to draft an Ordinance pursuant to the general policy tenets discussed in said meeting, which is hereto attached.
Topics discussed include: (1) enforcement mechanisms to regulate mobile food vendors, (2) creating a mobile food vendor permit application, and (3) informing residents and vendors on the current regulations and directing vendors to apply for mobile food truck vending license.
ANALYSIS
Mobile food vendors, otherwise known as “food trucks”, conduct business from a motorized conveyance (e.g., vehicle) stationed for a length of time in an area, including, but not limited to: public right-of-way, parking lots, or private property to advertise, sell, prepare, and distribute food to customers. As of today, the Code does not specifically address how to regulate mobile food vendors.
As a result, this raises concerns since residents and visitors purchase from mobile food vendors that are stationed in areas throughout the City operating without a valid permit and have not been inspected by the City. Another issue the City currently experiences is mobile food truck vendors that are either parked beyond the posted time or are stationed for several hours in a fixed location competing in close proximity to brick-and-mortar businesses during their hours of operation. Therefore, the City has requested the mobile food vendor be reinstated to the City’s municipal code.
At this time, the attached Ordinance addresses the traffic and safety concerns associated with mobile food trucks operation in and throughout the City currently observed by City staff and provides the City with enforcement regulations and procedure to direct vendors to apply for a license with the City.
CONCLUSION
In conclusion, the City Attorney’s Office is recommending for second reading and adoption an ordinance to add Chapter 5.18 relating to mobile food vending. Alternatively, our office is prepared to conduct additional outside research to address any concerns raised and amend the Ordinance and enclosures accordingly for reconsideration.
ATTACHMENTS:
Attachment A- Proposed Ordinance Adding Chapter 5.18 Relating to Mobile Food Vending Attachment B- Mobile Food Truck Permit Application
Recommended/Prepared by: Jocelyn Portales, Deputy City Attorney Reviewed By and Approved as to Form: Noel Tapia, City Attorney Respectfully Submitted By: Noel Tapia, City Attorney