Agenda — Delano City Council, February 17, 2026 (part 2 of 2)

CITY OF DELANO PLANNING COMMISSION
RESOLUTION NO. 2026-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

DELANO, CALIFORNIA, RECOMMENDING THAT THE CITY

COUNCIL ADOPT AN ORDINANCE AMENDING THE DELANO
MUNICIPAL CODE (DMC) CHAPTER 6.25 TO ESTABLISH A

PERMITTING PROCESS FOR FOOD TRUCKS ON PRIVATE

PROPERTY AND UPDATE FOOD VENDING VEHICLE PERMIT AND

APPLICATION REQUIREMENTS, AND AMENDING DMC SECTIONS

20.5.30 AND 20.6.30 TO INCLUDE FOOD TRUCK OPERATIONS ON

PRIVATE PROPERTY AS AN ALLOWABLE USE IN INDUSTRIAL,

NEIGHBORHOOD COMMERCIAL, AND GENERAL COMMERCIAL
ZONES
WHEREAS, the Delano Municipal Code currently provides detailed regulations and permit processes for food vending vehicles parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property in the city; and WHEREAS, in March 2020, the City Council adopted Ordinance No. 2020-1313, establishing Chapter 6.25 of the Delano Municipal Code, which provides detailed regulations and permit processes for food vending vehicles parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property in the city; and WHEREAS, on March 17, 2025, the City Council adopted an interim urgency ordinance to establish a temporary, 45-day moratorium on the issuance of land use permits for the operation of food trucks on private property;
WHEREAS, on April 21, 2025, the City Council extended the moratorium for an additional period of 10 months and 15 days in accordance with state law; WHEREAS, during the City of Delano’s temporary land use moratorium on the issuance of land use permits authorizing the operation of food trucks on private property, City staff explored various options and components for a long-term regulatory scheme to be implemented through a zoning code amendment;
WHEREAS, the City's objective in this zoning code text amendment is to provide a cost effective and efficient permitting process for those food vending vehicles operating on public property within the City to submit a private property vending permit application to operate on private property within the Industrial, Neighborhood Commercial, and General Commercial zones in City; and
WHEREAS, the Planning Commission has reviewed and considered the staff report and ordinance included in the accompanying materials prior to acting on the proposed zoning code text PC Reso 2026-

Page 2 ends

amendment. The staff report and draft ordinance are on file and available through the Community Development Department at Delano City Hall.

WHEREAS, on January 28, 2026, the Planning Commission conducted a duly noticed public hearing on the proposed actions and considered public testimony and materials in the staff report and accompanying documents, at which time all interested parties were given full opportunity to be heard.

NOW, THEREFORE, THE DELANO PLANNING COMMISSION DOES
RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are all true and correct and incorporated herein.

SECTION 2. The Planning Commission hereby finds and determines that pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.), the City of Delano ordinance amending Chapter 6.25 and Sections 20.5.30 and 20.6.30 is not a “project” and further, that it can be seen with certainty that there is no possibility that the ordinance in question may have a significant effect on the environment, either directly or indirectly, and that therefore no environmental review under the CEQA is required, pursuant to CEQA Guidelines Section 15061(b)(3).

SECTION 3. Pursuant to Delano Municipal Code Section 20.2.40.4, the Planning Commission hereby finds and determines the following:
a) The proposed change of zone and text revision is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan.

Evidence: The proposed change of zone and text revision is consistent with the goals, objectives, policies, and programs of the General Plan Economic Development Element Economic Diversification Objective A the promotion and facilitation of economic diversification to encourage the creation of employment opportunities, increase revenue through the local economy and decrease dependency upon any one sector of the economy. b) The proposed change of zone and text revision will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern.

Evidence: The proposed change of zone and text revision will not adversely affect the public health, safety, and welfare of the public as all food trucks will be monitored by the local health department and it will not result in an illogical land use pattern as they will be limited to specific zones.
c) The proposed change of zone and text revision is consistent with the purpose and intent of the remainder of this Title not under consideration.

ORDINANCE NO. 2026 - ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELANO, CALIFORNIA, AMENDING CHAPTER 6.25 (FOOD

VENDING VEHICLES) OF THE DELANO MUNICIPAL CODE TO

ESTABLISH REGULATIONS AND A PERMITTING PROCESS

FOR FOOD VENDING VEHICLES ON PRIVATE PROPERTY AND

UPDATING FOOD VENDING VEHICLE PERMIT AND
APPLICATION REQUIREMENTS; AMENDING SECTION 20.5.30
(COMMERCIAL USE REGULATIONS) OF CHAPTER 20.5
(COMMERCIAL DISTRICTS) AND SECTION 20.6.30 (USE

REGULATIONS FOR EMPLOYMENT DISTRICTS) OF CHAPTER

20.6 (EMPLOYMENT DISTRICTS) TO INCLUDE FOOD VENDING

VEHICLES ON PRIVATE PROPERTY AS A PERMITTED USE IN

THE INDUSTRIAL, NEIGHBORHOOD COMMERCIAL, AND

GENERAL COMMERCIAL ZONES
WHEREAS, the California Constitution provides that a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general law; and
WHEREAS, in March 2020, the City Council adopted Ordinance No. 2020-1313, establishing Chapter 6.25 of the Delano Municipal Code, which provides detailed regulations and permit processes for food vending vehicles parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property in the city; and WHEREAS, on March 17, 2025, the City Council adopted an interim urgency ordinance to establish a temporary, 45-day moratorium on the issuance of land use permits for the operation of food trucks on private property;
WHEREAS, on April 21, 2025, the City Council extended the moratorium for an additional period of 10 months and 15 days in accordance with state law; WHEREAS, during the City of Delano’s temporary land use moratorium on the issuance of land use permits authorizing the operation of food trucks on private property, City staff explored various options and components for a long-term regulatory scheme to be implemented through a zoning code amendment;
WHEREAS, the City Council desires to establish regulations and permit procedures for food vending vehicles on private property in specified commercial and industrial zones; and
WHEREAS, the City Council further desires that, as of the effective date of this ordinance, the above-referenced moratorium shall be terminated. 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DELANO, CALIFONIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council for the City of Delano finds and declares the foregoing are true and correct and incorporates said recitals fully into this Ordinance as substantive findings.

SECTION 2. Amendment. Chapter 6.25 – Food Vending Vehicles – of the Delano Municipal Code is hereby amended to read as follows (deletions in strikethrough and additions in double underline):

Title 6 – BUSINESS REGULATIONS
Chapter 6.25 – FOOD VENDING VEHICLES

6.25.010 Purpose and intent.

The city council expressly finds that vehicles in which goods or merchandise are carried for purposes of retail sale on the public and private streets, and vehicles from which hot and/or cold food prepared in the vehicle and/or pre-packaged are sold or offered or sale, pose traffic hazards and special dangers to the public health, safety and welfare of children and residents in the city. It is the purpose and intent of the city council, in enacting this chapter, to provide responsible companies and persons who engage in the operation of food vending from vehicles with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community, and to comply with various sections of the California Vehicle Code (CVC) where and when applicable, when any food vending vehicle is vending ice cream or similar food items.

6.25.020 Regulations for sales from vehicles.

It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any vehicle parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property, or any private property in the city except in accordance with all applicable requirements of this Code and in compliance with all of the provisions of this chapter.

6.25.030 Definitions.

The following words and terms as used in this section shall have the following meanings:
“Food vending vehicle” means any vehicle in which goods or merchandise are carried for purposes of vending from the vehicle on public or private property. “Goods” or “merchandise” means and includes items and products of every kind and description, including all food, produce and beverage items. “Ice cream truck” means any vehicle as defined in CVC 22456(c). “Operator” means any person or entity who either:
3 (a) Drives, operates, vends or prepares food on or from a food vending vehicle within the city;
(b) Owns, controls, manages, or leases a food vending vehicle operating within the city; or
(c) Contracts with a person(s) to drive, operate, prepare food or vend from a food vending vehicle within the city.
owning, operating or otherwise controlling any business involving the vending of goods or merchandise from a vehicle.
“Person” means any natural person, firm, partnership, association, corporation or other entity of any kind or nature.
“Private property” means any real property, owned, leased, operated or otherwise controlled by individuals or groups rather than by the government or the public. “Public property” means any real property, or interest therein, owned, leased, operated or otherwise controlled by the city other than a street, alley, parkway or sidewalk. “Unsafe ice cream truck” means any vehicle where sales of ice cream are conducted that has not met or maintained the minimum safety requirements as established by the “vend” or “vending” means the sale or offering for sale of any goods or merchandise to the public from a vehicle.
“Vendor” means any person who engages in the act of vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom.

6.25.040 Permits required.

A. Public Property: A food vending vehicle operator, as defined in Section 6.25.030 above, No person shall own, control, manage, lease or contract with other persons for the operation of a food vending vehicle in the city shall maintain without a valid food vending vehicle or’s permit for each food vending vehicle operating on public property within the city, issued pursuant to the provisions of this chapter in addition to any other license or permit required under any other chapter of this Code for each and every food vending vehicle. A food vending vehicle permit does not authorize the operation of a food vending vehicle on private property within the city.

B. No person shall drive, operate, vend and/or prepare food from or on any vehicle defined as a food vending vehicle in the city without a valid operator’s permit issued pursuant to the provisions of this chapter.

B. Private Property: A food vending vehicle operator, as defined in Section 6.25.030 above, shall maintain a valid private property vending permit for each food vending vehicle operating on private property within the city, issued pursuant to the provisions of this chapter in addition to any other license or permit required under any other chapter of this Code for each and every food vending vehicle. A private property vending permit does not authorize the operation of a food vending vehicle on public property within the city.
4 6.25.050 Permit term and renewal.

The term of vendor and operator all of the permits required by this chapter, unless sooner suspended or revoked, shall be for a period of two one years. Upon the expiration of such term, the permittee may renew the permit for additional twoone-year terms by submitting new applications in conformance with this chapter, together with such permit renewal fees as may be established by resolution of the city council.

6.25.060 Applications for food vending vehicle vendor and/or operator permits— Contents—Required fees.

A. Any person desiring to obtain a food vending vehicle vendor and/or an operator’s permit shall make application to the community development department.

Applications for either a vendor or an operator’s permit shall be submitted in the form prescribed by the chief of policecity. Prior to submitting such applications, a nonrefundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this chapter. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is filed. 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. No permit application shall be processed unless and until the applicant has provided all the information requested on the application and has submitted the appropriate fee(s). If an applicant for a vendor permit also requires an operator’s permit, then it is not necessary for said applicant to pay a separate fee for the operator’s permit application.

B. Neither the filing of any application for a permit, nor the payment of an application fee, shall authorize the vending from or the operation or management of a food vending vehicle until such permit has been granted or renewed.

C. An operator shall submit a separate permit application and fee for each food vending vehicle.

6.25.070 Investigation of applications for food vending vehicle permit.

The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant for a food vending vehicle vendor’s permit or an operator’s permit. The chief of police shall, within thirty (30) City Hall business days after the date of the filing of the application, render a written recommendation to the finance community development director, as to approval or denial of the application for the permit or renewal thereof.

6.25.080 Issuance of food vending vehicle permit.

The finance community development director, or his designated representative, within ten (10) City Hall business days after receiving the application and aforementioned recommendation from the chief of police, shall grant the food vending vehicle vendor’s 5 permit or operator’s permit only if he finds that all of the following requirements have been met:

A. The required fees have been paid;
B. The application conforms in all respects to the provisions of this chapter; C. The applicant has not knowingly made a material misrepresentation of fact in the application;
D. The applicant has fully cooperated in the investigation of the applicant; and E. The applicant, if an individual, or any of the directors, officers or stockholders holding more than five percent of the stock of the corporation, or any of the partners, including limited partners, or profit interest holders, managers or other persons principally in charge of the operation of the existing or proposed business of vending from a food vending vehicle, or a natural person employed or contracted with to be a driver, has not been convicted or pleaded nolo contendere or guilty within five years prior to his application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including but not limited to: The sale of a controlled substance specified in California Health and Safety Code Sections 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; permitting 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.

6.25.090 Denial of food vending vehicle permit.

A. If the finance community development director, or his designated representative, finds that all of the requirements set forth in Section 6.25.080 have not been met, he shall deny the application for a food vending vehicle vendor or operator’s permit. In the event the application for a either permit is denied by the finance community development director, or his designated representative, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for either permit.

B. Any applicant whose application for a food vending vehicle vendor or operator’s permit has been denied by the finance community development director, or his designated representative, may appeal such denial to the planning commission by filing an appeal as specified in Section 20.2.180 of this codecity council.

C. No person whose permit application is denied shall be eligible to apply for a new permit for a period of one year following such denial unless the community 6 development director, or his designated representative, allows a re-submittal, in writing, on the basis of good cause demonstrated by the applicant.

6.25.100 Revocation of food vending vehicle permit.

A. Any food vending vehicle vendor or operator’s permit may be suspended or revoked by the finance community development director, or his designated representative, 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 chief of police within two weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based;

3. Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in Sections 6.25.040 through 6.25.190 of this chapter; or

3.4. 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 a food vending vehicle pursuant to the permit.

4.5. When any ice cream truck owner fails to correct any ice cream truck safety violation after being notified by the chief of police or his or her designee and continues to operate the ice cream truck within the City of Delano conducting any sales or advertising from such vehicle.

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 to 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. Any applicant whose application has been suspended or revoked by the community development director, or his designated representative, may appeal such suspension or revocation to the planning commission by filing an appeal as specified in Section 20.2.180 of this code. If a timely appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the city council planning commission. Otherwise, the suspension or revocation shall become effective after the timely appeal period has expired.

C. Permit holder has ten days from the date of receipt of the suspension or revocation notice to file his/her appeal.

D. No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
7 6.25.105 Vending on private property – Private Property Vending Permit Required.

A. Application for Private Property Vending Permit.

1. Any person desiring to obtain a private property vending permit shall apply to the community development director. Applications shall be submitted in the form prescribed by the city.

2. Prior to submitting an application, a nonrefundable fee, as established by resolution of the city council, shall be paid to the city.

3. No application shall be processed unless and until the applicant has provided all the information requested on the application and has paid the requisite fee.

4. Neither the filing of any application, nor the payment of an application fee, shall authorize the operation or management of or the vending from a food vending vehicle until such permit has been granted or renewed by the community development director.

5. Each applicant for a private property vending permit shall furnish the following information and documents as part of the application:
a. The present or proposed address from which the business is to be conducted;
b. A site plan indicating the location of the food truck on property, including setbacks, parking spaces and restroom facilities. c. The property shall include a developed parking lot suitable for the commercial or industrial use existing on the property, with each proposed food truck occupying a maximum of three parking spaces. d. A property owner consent form. If any business is operating on the subject property, and business owner is a lessee and not the owner of such property, business owner consent must be provided in writing in addition to the property owner consent form.
e. The full true name under which the business will be conducted; f. The full true name and any other names used by the applicant; g. The present residence address and telephone number of the applicant; h. Driver’s license number of the applicant;
i. Acceptable written proof that the applicant is at least eighteen years of age;
j. A description of the goods or merchandise that the business will vend; k. The number of vehicles to be owned, operated, or controlled by the applicant and the makes, body styles, years, serial numbers, state license plate numbers, and names and addresses of registered or legal owners of each vehicle;
8 l. A description or depiction of the logo, color scheme, insignia and any other distinguishing characteristics of applicant’s vehicle; m. The permit history of the applicant for the three-year period immediately preceding the date of 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, permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation; and
n. Such other identification or information as the community development director may reasonably require.

When any change occurs regarding the information or documents required by this section, prior to issuance of a permit, the applicant shall notify the community development director or his designee, or such change in writing within 2 weeks of such change.

B. An operator shall submit a separate permit application and fee for each food vending vehicle.

C. Issuance of Permit. The community development director, or his designated representative, within thirty (30) City Hall business days after receiving the application, shall grant the private property vending permit only if he finds that all of the following requirements have been met:
a. The required fees have been paid;
b. The application is complete, and all of the required information and documents have been provided;
c. The applicant has not knowingly made a material misrepresentation of fact in the application; and
d. The applicant and food vending vehicle have passed the inspection, review and background conducted by the police department.

D. Denial of Permit.

1. If the community development director, or his designated representative, finds that all of the requirements set forth in subsection (C) above have not been met, he shall deny the application for a private property vending permit.

2. In the event the application is denied by the community development director, or his designated representative, written notice of the denial shall be given to the applicant specifying the ground(s) for the denial. Notice of denial of the application for the permit shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application.

3. Any applicant whose application has been denied by the community development director, or his designated representative, may appeal such denial 9 to the planning commission by filing an appeal as specified in Section 20.2.180 of this code.

E. No person whose permit application is denied shall be eligible to apply for a new permit for a period of one year following such denial unless the community development director allows a re-submittal, in writing, on the basis of good cause demonstrated by the applicant.

F. Permit Term and Renewal. The term and renewal procedures for a private property vending permit shall be the same as those set forth in Section 6.25.050 above.

G. Suspension or Revocation of Permit. Any private property vending permit may be suspended or revoked by the community development director, or his designated representative, 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 community development director or his designee within two weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based;

3. Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in this chapter, as applicable;

4. Violation by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or municipal ordinance made during the course of conducting vending operations from a food vending vehicle pursuant to the permit; or

5. When any ice cream truck owner fails to correct any ice cream truck safety violation after being notified by the community development director or his designee and continues to operate the ice cream truck within the city conducting any sales or advertising from such vehicle.

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 to 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. Any applicant whose application has been suspended or revoked by the community development director, or his designated representative, may appeal such suspension or revocation to the planning commission by filing an appeal as specified in Section 20.2.180 of this code. If a timely appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the planning commission. Otherwise, the suspension or revocation shall become effective after the timely appeal period has expired. Permit holder has ten days from the date of receipt of the suspension or revocation notice to file his/her appeal.

No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
10 6.25.110 Food vending vehicle regulations.

A. Each food vending vehicle shall have a (a) current, valid County of Kern health inspection sticker affixed as required by lawto the lower right side of the windshield, in addition to the permit sticker issued by the city. (b) current, valid city business license. at all times display in conspicuous view upon each food vending vehicle, and (c) a California seller’s permit number pursuant to Section 6067 of the Revenue and Taxation Code.

B. Each food vending vehicle shall have Each operator shall a current, valid food vending vehicle permit and/or private property vending permit placed in a publicly visible location of each food vending vehicle be issued an identification card which will also serve as the operator’s permit. The operator shall wear or carry such card in a visible position upon his or her person at all times while engaged in the operation of and/or the actual vending from a food vending vehicle, and shall produce the same for inspection upon request. Each operator permit holder shall immediately surrender to the chief of police any operator’s permit issued by the city upon the suspension, revocation or expiration of such permit or upon leaving employment as an operator.

C. Failure to immediately produce the City of Delano issued permit identification card, if applicable, or and current Kern County Public Health Services Department certificates shall result in the operator vender being ordered to cease all sales within the City of Delano. Vehicles may be seized in accordance with Section 6.25.250 of this chapter only after all procedural steps have been taken by the chief of police or his/her designee.

D. In addition to the permits required by this chapter, operator’s permit required in subsection B of this section, each person who drives a food vending vehicle shall have on his/her person a current, valid California driver’s license, which he/she shall make available for inspection by law enforcement officials upon request.

6.25.120 Prohibited conduct – Public property.

A. No person shall vend from a food vending vehicle which is stopped, parked or standing on any public street, alley or highway:

1. Within five hundred feet of any school property, park, playground or recreational facility;

2. Within five hundred feet of any other food vending vehicle which is engaged in the operation of food vending;

3. Within two hundred feet of an intersection;

4. In the case of ice cream trucks when the posted speed limit on the public street is greater than twenty-five miles per hour (CVC Section 22456(e)(1)), and for all other food vending vehicles, thirty-five miles per hour;

5. When the food vending vehicle is parked in violation of any other provision of this Code or the California Vehicle Code;

6. When any part of the food vending 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; 11 7. When the food vending vehicle is not stopped, parked or standing on the right side of the street, alley or highway;

8. When the prospective customer is standing or sitting in another vehicle;

9. When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic;

10. Between the hours of 911:00 p.m. and 8:00 a.m. (set up and tear down shall be done between working hours);

11. Within one thousand feet from any enclosed commercial restaurant;

12. At any permitted location for a period of time not exceeding three hours and regardless of the length of time that vending occurred at any permitted location, shall not vend again for a period of twenty-four hours within one thousand feet of such location; or
132. Where a person or entity owns more than one food vending vehicle subject to the provisions of this section., sSaid person or entity shall not permit an additional food vending vehicle owned by said person or entity to vend at any permitted location for a period of twenty-four hours within one thousand feet of such a location when another food vending vehicle owned by the same person or entity has already vended within that twenty-four-hour period at that permitted location.

B. No person shall back up a food vending vehicle to make or attempt to make a sale.

C. No food vending vehicle shall be operated in any one location for longer than three hours, and shall be moved a minimum of five hundred feet before vending again.

D. No minor under the age of sixteen shall ride in or on a food vending vehicle while such food vending vehicle is engaged, or about to be engaged, in the operation of vending.

E. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food vending vehicle.

F. All food vending vehicles shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such vehicle, and the operator of the food vending vehicle shall pick up all refuse generated by such operation within a fifty-foot radius of the vehicle before such vehicle is moved.

6.25.125 Prohibited conduct – Private property.

A. No person shall vend from a food vending vehicle which is stopped, parked or standing on any private property:

1. Within five hundred feet (500 ft.) of any school property, park, playground or recreational facility;

2. Within two hundred and fifty feet (250 ft.) of any other food vending vehicle not included within the same vending permit which is engaged in the operation of food vending;
12 3. Within five hundred feet (500 ft.) from any enclosed commercial restaurant;

4. When the food vending vehicle is parked in violation of any other provision of this Code or the California Vehicle Code;

5. When any part of the food vending vehicle is open to prospective customers other than on the side of the vehicle;

6. When the prospective customer is standing or sitting in another vehicle;

7. Between the hours of 911:00 p.m. and 8:00 a.m. (set up and tear down shall be done between working hours)
B. The maximum number of food vending vehicles on private property is limited per lot as follows:

1. Maximum of one (1) food vending vehicle on lots of one-half acre or less;

2. Maximum of two (2) food vending vehicles on lots between one-half acre and one acre; and

3. Maximum of three (3) food vending vehicles on lots greater than one acre.

C. A food vending vehicle is required to have a city business license conspicuously displayed when vending.

D. No person shall back up a food vending vehicle to make or attempt to make a sale.

E. No minor under the age of sixteen shall ride in or on a food vending vehicle while such food vending vehicle is engaged, or about to be engaged, in the operation of vending.

F. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food vending vehicle.

G. All food vending vehicles shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such vehicle, and the operator of the food vending vehicle shall pick up all refuse generated by such operation within a fiftyfoot radius of the vehicle before such vehicle is moved.

H. No food vending vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles.

I. No food vending vehicle shall occupy any accessible parking spaces or impede the required path of travel to any accessible parking spaces.

J. All food vending vehicles must be parked on asphalt, concrete, or other hard allweather surface.

K. Food vending vehicles shall not be parked on grass or dirt areas.

6.25.130 Vending of produce.

All produce regulated by the California Department of Food and Agriculture shall be handled, transported, displayed or disposed of in accordance with all California Department of Food and Agriculture regulations as they now exist or as amended from time to time, including, but not limited to, the following:
13 A. All produce or commodities under quarantine by the California Department of Food and Agriculture will be protected or safeguarded in an approved manner by being bagged, covered or screened to prevent infestation; any open display is prohibited.

B. All produce, commodities or their husks, cores, rinds or pits shall be sealed in plastic bags before disposing of same.

C. Every food vending vehicle shall have a receipt, invoice, bill of lading or other acceptable proof of origin of all produce or commodities under quarantine.

D. All produce or commodities under quarantine that are sold, offered for sale or transported within the quarantine area must be of commercial origin.

E. Any violation of this section may result in the seizure of the produce or commodities in violation; all seized items will be destroyed.

6.25.140 Operations on private property.

A. All food vending vehicles are prohibited from operating on private property except:

1. In an Industrial, Neighborhood Commercial, or General Commercial zone, and any area within a specific plan area where industrial uses are authorized, only if a private property vending permit land use permit has been obtained from the community development department; or

2. If a temporary event permit has been obtained from the community development department; or

3. To provide meals for employees located at the private property for a period of three hours or less.

B. Each operator of a food vending vehicle shall possess and at all times display in conspicuous view upon each such vehicle a city business license and private property vending permit.

C. Each operator of a food vending vehicle shall possess a California seller’s permit number pursuant to Section 6067 of the Revenue and Taxation Code.

D. Each food vending vehicle operator causing the sale of or offering for sale any produce or other food item for which a food handler’s permit or other health permit is required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle and shall also display the valid County of Kern health inspection sticker affixed as required by law.

E. Mobile food vending vehicle operations shall comply with the California Retail Food Code (Health and Safety Code §§ 113700 et seq.).

6.25.150 Insurance provisions.

A. It is unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any food vending vehicle, which shall include ice cream trucks, in the city for vending purposes unless such person has submitted with his application for permit a motor vehicle liability insurance policy, covering each food vending 14 vehicle, issued by a solvent corporation holding a certificate of authority to do insurance business in the State of California, which policy 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 vehicle 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 due to the maintenance, operation or ownership of any food vending vehicle, in an amount of one million dollars, combined single limit, no aggregate.

C. Every insurance policy and every certificate of motor vehicle liability insurance filed with 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 in this policy contained, the policy is expressly issued to cover a motor vehicle regulated by the provisions of Chapter 6.25 of the Delano Municipal Code. This policy shall insure 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 feasor or the insured.

2. There is continuing liability up to the full amount of the policy, notwithstanding any action or recovery thereon.

3. Such policy of insurance shall also contain an endorsement providing that the policy shall not be canceled or materially modified until notice in writing has been given to the city, addressed to the City Manager of the City of Delano, at least thirty days immediately prior to the time such cancellation or material modification becomes effective. Said period of thirty days to commence running from the date said notice is actually received in the office of the chief of police.

Furthermore, such policy of insurance shall name the city, its officers, agents and employees as additional named insureds. Additionally, a vehicle owner and driver shall indemnify, defend and hold harmless the city, its officers, agents and employees from claims arising from or alleged to arise from the operation of the vehicle owner or driver.

6.25.160 Inspection of food vending vehicle.

A. Each food vending vehicle for which a permit or renewal is sought shall be inspected by the Delano Police Department to ensure that the vehicle is mechanically fit and can be safely operated.

B. Unless otherwise waived by the Delano Police Department and, in addition to other equipment required by law, each food vending vehicle shall be equipped with the following:
15 1. A convex mirror mounted so that the occupant of the driver’s seat can see the area in front of the truck which is obscured by the vehicle’s hood;

2. A back-up alarm audible for a distance of at least one hundred feet.

6.25.170 Sanitation standards.

A. Compliance with sanitation standards set forth by the County of Kern Public Health Services Department for all food vending vehicles within the city authorized to vend food pursuant to a permit required by this chapter shall be reviewed and certified by the County of Kern Public Health Services Department.

Each food vending vehicle, including the interior of cabinet units or compartments, shall be equipped so as to have smooth, easily accessible, and easily cleanable surfaces. Unfinished wooden surfaces are not permitted. Construction joints shall be tightly fitted and sealed so as to be readily cleanable. Equipment, including utensils, shall be constructed of nontoxic materials and shall be readily cleanable.

B. During the vending operation, no food shall be stored, displayed or served from any place other than the food vending vehicle.

C. Food condiments shall be protected from contamination and, where available for selfservice, shall be prepackaged or available only from approved dispensing devices.

D. During transportation and storage, food and food contact surfaces shall be protected from contamination.

E. All food vending vehicles shall operate out of a commissary or other facility approved by the County of Kern public health services department. Food vending vehicles shall report to the commissary at least once each operating day for cleaning and servicing operations. In addition, food vending vehicles whereon non-prepackaged hot dogs are handled shall be properly stored at a commissary or other facility approved by the County of Kern Public Health Services Department so as to be protected from unclean or unsanitary conditions.

F. Food products remaining after each day’s operation shall be stored only in a food facility approved by the County of Kern public health services department.

G. Utensils and equipment shall be handled and stored so as to be protected from contamination. Single-service utensils shall be contained only in sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used once only.

H. All wastewater shall be drained to a water receptor approved by the County of Kern Public Health Services Department.

I. Readily perishable foods shall be maintained at or below seven degrees Celsius (fortyfive degrees Fahrenheit) or at or above sixty degrees Celsius (one hundred forty degrees Fahrenheit) at all times.

J. Vending from a food vending vehicle pursuant to a land use certificate shall be conducted within sixty meters (two hundred feet) of approved and readily available toilet and handwashing facilities or as otherwise approved by the County of Kern 16 Public Health Services Department to ensure proper sanitary facilities are available to the mobile food vendors, operators, and their customers.

6.25.180 Required signs and lettering.

A. There shall be displayed in a conspicuous place on both the right and left side of the food vending vehicle lettering permanently affixed showing the name of the company or operator of the food vending vehicle and the business address and telephone number thereof. The lettering for the name of the company or the operator of the food vending vehicle shall not be less than four inches in height, shall be in contrast to the color of the background upon which they are placed, and shall have strokes at least three-eighths of an inch wide. The lettering for the business address and telephone number shall not be less than one inch high.

B. No other lettering, numbering, price lists, signs or insignia shall be displayed on the right and left side of the food vending vehicle so as to interfere with the visibility of the lettering required in subsection A of this section.

6.25.190 Noise level.

A. Horns shall be permitted to be used only when reasonably necessary to ensure the safe operation of the food vending vehicle while being operated on any public or private street, alley or highway or on public property.

B. Food vending vehicles authorized under this chapter, when utilizing amplified sound as a method of advertising, may only use such amplified sound on residential streets with a prima facia speed limit, posted or otherwise, of twenty-five miles per hour, and only when in compliance with all other applicable sections of this chapter and the California Vehicle Code. Streets that have not been posted with a regulated traffic speed sign shall be deemed to have a prima facia speed limit of twenty-five miles per hour.

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities 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 a vendor or operator’s permit with the chief of police.

6.25.210 Conducting business as a nuisance.

Any food vending vehicle operated contrary to the provisions of this chapter is 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, proceedings or proceedings, for the abatement, removal or enjoinment thereof, 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 vehicle contrary to the provisions of this chapter.

6.25.220 Exemptions.

The requirements of this chapter shall not apply to:
17 A. Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location and which goods or merchandise are being delivered from such location to the customer by vehicle, regardless of the point of sale thereof.

6.25.230 Penalty for violation.

Every violation of the provisions of this chapter shall be deemed to be a misdemeanor and, upon violation thereof, shall be punishable as provided for in Chapter 1.16 of this Code. Each day any violation of any provision of this chapter shall continue shall constitute a separate offense.

6.25.240 Ice cream truck vehicle inspection.

In addition to any other applicable inspection requirements of other food vending vehicles, the following initial and ongoing licensing and inspection requirements shall apply to food vending vehicles engaged in the vending of ice cream or similar food items:

A. Prior to the issuance of any business license by the finance director, or his or her designee, all ice cream trucks that will be used by the applicant, vehicle owner, or their agents for the purpose of sales as listed within the chapter within the City of Delano shall take part in a vehicle inspection which shall be conducted by the chief of police or his or her designee, and provide the results of said inspection to the finance director or his or her designee.

B. All ice cream trucks shall be equipped as specified in Section 22456(d) of the California Vehicle Code (CVC).

C. In the event an ice cream truck does not pass the vehicle inspection as identified in Section 6.25.240.B above, no license shall be issued by the finance director or his or her designee until such time as the applicant provides certification from the chief of police or his or her designee that all discrepancies have been corrected.

D. The chief of police, or his or her designee, may conduct a safety inspection of any licensed ice cream truck for the purposes of ensuring compliance with this chapter or CVC Section 22456(d) when a violation of this section has been observed. Ice cream trucks found to be out of compliance shall be cited, advised the vehicle is unsafe in accordance with Section 22456(d) CVC, and the operator ordered to immediately cease all sales within the City of Delano.

6.25.250 Authorization to seize food vending vehicles as evidence.

A. The chief of police or his or her designee may seize any food vending vehicle as described in this chapter that is found operating within the City of Delano in violation of this chapter, and hold such vehicle as evidence until such case is adjudicated by the courts, or until such vehicle is licensed with the City of Delano and the payment of all applicable fees associated with such permit, vehicle inspection, and all costs associated with the storage of the vehicle by the City of Delano. 18 B. All food vending vehicles seized as evidence for any violation of this chapter shall be stored by the City of Delano until otherwise released by court order or at the direction of the chief of police, and only after all applicable fees have been paid to the City of Delano. A daily storage charge shall be assessed by the finance director to the owner of the seized vehicle at a rate of fifty dollars per day for each day, or partial day, the vehicle is held by the city.

C. In all cases where perishable food items are stored within the vehicle to be seized, the chief of police or his designee shall allow the owner or operator a reasonable period of time not to exceed thirty minutes to have the perishable items removed by the owner or operator to further safeguard the items for spoilage, but not before such items are photographed by the officer ordering such vehicle seized as evidence.

D. The City of Delano shall not be responsible for the spoilage of any item that the owner or operator fails to remove from the ice cream truck prior to it being removed by the police department to the storage location.

SECTION 3. Amendment. Section 20.5.30 – Commercial Use Regulations – of Chapter 20.5 – Commercial Districts – of the Delano Municipal Code is hereby amended to add the following category to the table of uses under “Commercial Uses” (deletions in strikethrough and additions in double underline). All of the uses following the new added text (starting with “Floor covering stores” as use number “56”) shall be renumbered. Other than the added use of “Food vending vehicle” as described below, and the renumbering of the list, all other existing uses in the table shall remain unchanged.

USES GC NC DC
B. COMMERCIAL USES

55. Food vending vehicle – private property (subject to the provisions of Chapter 6.25)
P P ■

55. 56. Floor covering stores (may include incidental
repair)
P P P
SECTION 4. Amendment. Section 20.6.30 – Commercial Use Regulations – of Chapter 20.6 – Employment Districts – of the Delano Municipal Code is hereby amended to add the following category to the table of uses under “Commercial Uses” (deletions in strikethrough and additions in double underline). All of the uses following the new added text (starting with “Fruit and/or vegetable stand, temporary” as use number “21”) shall be renumbered. Other than the added use of “Food vending vehicle” as described below, and the renumbering of the list, all other existing uses in the table shall remain unchanged.

USES CRC I
C. COMMERCIAL USES AND SERVICES

20. Food vending vehicle – private property (allowed so long as permit issued pursuant to Chapter 6.25)
■ P

20. 21. Fruit and/or vegetable stand, temporary P P
SECTION 5. Environmental Assessment. Pursuant to the provisions of the 19 California Environmental Quality Act (“CEQA”) (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) the ordinance is not a “project” and further, that it can be seen with certainty that there is no possibility that the ordinance in question may have a significant effect on the environment, either directly or indirectly, and that therefore no environmental review under the CEQA is required, pursuant to CEQA Guidelines Section 15061(b)(3).

SECTION 6. Applicability of Permit Requirements to Existing Food Vending Vehicles and Operators. The provisions of this Ordinance and the permit requirements of Chapter 6.25 of the Delano Municipal Code shall be applicable to all persons or businesses described therein whether the activities were established before or after the effective date of this Ordinance unless a conditional use permit has previously been issued for food vending activities to a person or business. All such persons and businesses shall have 30 days from the effective date of this Ordinance to submit a completed application for all permits, as applicable to such persons or businesses, required by Chapter 6.25 of the Delano Municipal Code, as amended.

SECTION 7. Termination of Moratorium. As of the effective date of this ordinance, Interim Urgency Ordinance No. 2025-1360, adopted March 17, 2025, and Interim Ordinance No. 2025-1362, adopted April 21, 2025, are hereby repealed.

SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 9. Effective Date. This Ordinance shall become effective thirty (30) days after adoption.

SECTION 10. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance causing it to be posted as required by law.

PASSED AND ADOPTED this ___ day of ______________, 2026. __________________________
Salvador Solorio-Ruiz, Mayor
ATTEST:
_________________________
Ricardo Chavez, City Clerk
20 APPROVED AS TO FORM
________________________________
Mark D. Hensley, City Attorney
ORDINANCE NO. 2026 - ____

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF DELANO, CALIFORNIA, IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 65858, AMENDING CHAPTER

6.25 (FOOD VENDING VEHICLES) OF THE DELANO

MUNICIPAL CODE TO ESTABLISH REGULATIONS AND A

PERMITTING PROCESS FOR FOOD VENDING VEHICLES ON

PRIVATE PROPERTY AND UPDATING FOOD VENDING
VEHICLE PERMIT AND APPLICATION REQUIREMENTS;
AMENDING SECTION 20.5.30 (COMMERCIAL USE
REGULATIONS) OF CHAPTER 20.5 (COMMERCIAL
DISTRICTS) AND SECTION 20.6.30 (USE REGULATIONS FOR
EMPLOYMENT DISTRICTS) OF CHAPTER 20.6 (EMPLOYMENT

DISTRICTS) TO INCLUDE FOOD VENDING VEHICLES ON

PRIVATE PROPERTY AS A PERMITTED USE IN THE

INDUSTRIAL, NEIGHBORHOOD COMMERCIAL, AND

GENERAL COMMERCIAL ZONES
WHEREAS, Government Code section 65858 expressly authorizes the City Council, in the interest of protecting and preserving the public health, safety, and welfare, to adopt an urgency ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, zoning proposal that the legislative body, Planning Commission is considering or studying or intends to study within a reasonable time, provided that the urgency measure requires a four-fifths vote of the City Council for adoption and is of no further force and effect 45 days from its date of adoption, unless extended in accordance with law; and
WHEREAS, in March 2020, the City Council adopted Ordinance No. 2020-1313, establishing Chapter 6.25 of the Delano Municipal Code, which provides detailed regulations and permit processes for food vending vehicles parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property in the city; and WHEREAS, on March 17, 2025, the City Council adopted an interim urgency ordinance to establish a temporary, 45-day moratorium on the issuance of land use permits for the operation of food trucks on private property;
WHEREAS, on April 21, 2025, the City Council extended the moratorium for an additional period of 10 months and 15 days in accordance with state law, or until the City Council adopts an ordinance addressing the issues raised by mobile food truck operations on private property, whichever occurs first;
WHEREAS, if an ordinance addressing the issues raised is adopted by the City Council, the moratorium will expire upon its adoption and for a 30-day period, until the ordinance becomes effective, the previous provisions governing food truck operations of which a moratorium was adopted will be the law in effect; 2 WHEREAS, in the absence of appropriate regulation, mobile food trucks may have a host of negative impacts on the surrounding area including, without limitation, traffic, noise, litter, and adverse economic impacts on brick-and-mortar businesses. The urgency ordinance is necessary to ensure that the updated zoning regulations and requirements for food truck operations on public and private property set forth in response to these issues become effective immediately;
WHEREAS, the City Council finds, determines, and declares that a current and immediate threat to the public health, safety, and welfare of the City and its residents necessitates adoption of the urgency ordinance, and that the absence of appropriate zoning regulations and requirements for food truck operations within the City would result in negative impacts to the public health, safety, and welfare; WHEREAS, the City Council further finds that this is a matter of citywide importance and is not directed toward any particular property; and WHEREAS, the City Council held a duly noticed public hearing on February 17, 2026, at which time the Council heard, reviewed, and considered all oral and written testimony presented by the public, together with the staff report, presentation, and all other evidence in the record regarding the adoption of this urgency ordinance.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DELANO,
CALIFONIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 2. Amendment. Chapter 6.25 – Food Vending Vehicles – of the Delano Municipal Code is hereby amended to read as follows (deletions in strikethrough and additions in double underline):

Title 6 – BUSINESS REGULATIONS
Chapter 6.25 – FOOD VENDING VEHICLES

6.25.010 Purpose and intent.

The city council expressly finds that vehicles in which goods or merchandise are carried for purposes of retail sale on the public and private streets, and vehicles from which hot and/or cold food prepared in the vehicle and/or pre-packaged are sold or offered or sale, pose traffic hazards and special dangers to the public health, safety and welfare of children and residents in the city. It is the purpose and intent of the city council, in enacting this chapter, to provide responsible companies and persons who engage in the operation of food vending from vehicles with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community, and 3 to comply with various sections of the California Vehicle Code (CVC) where and when applicable, when any food vending vehicle is vending ice cream or similar food items.

6.25.020 Regulations for sales from vehicles.

6.25.030 Definitions.

The following words and terms as used in this section shall have the following meanings:
“Food vending vehicle” means any vehicle in which goods or merchandise are carried for purposes of vending from the vehicle on public or private property. “Goods” or “merchandise” means and includes items and products of every kind and description, including all food, produce and beverage items. “Ice cream truck” means any vehicle as defined in CVC 22456(c). “Operator” means any person or entity who either:
(a) Drives, operates, vends or prepares food on or from a food vending vehicle within the city;
(b) Owns, controls, manages, or leases a food vending vehicle operating within the city; or
(c) Contracts with a person(s) to drive, operate, prepare food or vend from a food vending vehicle within the city.
owning, operating or otherwise controlling any business involving the vending of goods or merchandise from a vehicle.
“Person” means any natural person, firm, partnership, association, corporation or other entity of any kind or nature.
“Private property” means any real property, owned, leased, operated or otherwise controlled by individuals or groups rather than by the government or the public. “Public property” means any real property, or interest therein, owned, leased, operated or otherwise controlled by the city other than a street, alley, parkway or sidewalk. “Unsafe ice cream truck” means any vehicle where sales of ice cream are conducted that has not met or maintained the minimum safety requirements as established by the “vend” or “vending” means the sale or offering for sale of any goods or merchandise to the public from a vehicle.
“Vendor” means any person who engages in the act of vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom. 4 6.25.040 Permits required.

6.25.050 Permit term and renewal.

6.25.060 Applications for food vending vehicle vendor and/or operator permits— Contents—Required fees.

A. Any person desiring to obtain a food vending vehicle vendor and/or an operator’s permit shall make application to the community development department.

Applications for either a vendor or an operator’s permit shall be submitted in the form prescribed by the chief of policecity. Prior to submitting such applications, a nonrefundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this chapter. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is filed. 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. No permit application shall be processed unless and until the applicant has provided all the information requested on the application and has submitted the appropriate fee(s). If an applicant for a vendor permit also requires an 5 operator’s permit, then it is not necessary for said applicant to pay a separate fee for the operator’s permit application.

C. An operator shall submit a separate permit application and fee for each food vending vehicle.

6.25.070 Investigation of applications for food vending vehicle permit.

6.25.080 Issuance of food vending vehicle permit.

The finance community development director, or his designated representative, within ten (10) City Hall business days after receiving the application and aforementioned recommendation from the chief of police, shall grant the food vending vehicle vendor’s permit or operator’s permit only if he finds that all of the following requirements have been met:

A. The required fees have been paid;
B. The application conforms in all respects to the provisions of this chapter; C. The applicant has not knowingly made a material misrepresentation of fact in the application;
D. The applicant has fully cooperated in the investigation of the applicant; and E. The applicant, if an individual, or any of the directors, officers or stockholders holding more than five percent of the stock of the corporation, or any of the partners, including limited partners, or profit interest holders, managers or other persons principally in charge of the operation of the existing or proposed business of vending from a food vending vehicle, or a natural person employed or contracted with to be a driver, has not been convicted or pleaded nolo contendere or guilty within five years prior to his application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including but not limited to: The sale of a controlled substance specified in California Health and Safety Code Sections 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; permitting 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 6 charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.

6.25.090 Denial of food vending vehicle permit.

C. No person whose permit application is denied shall be eligible to apply for a new permit for a period of one year following such denial unless the community development director, or his designated representative, allows a re-submittal, in writing, on the basis of good cause demonstrated by the applicant.

6.25.100 Revocation of food vending vehicle permit.

1. Falsehood of any information supplied by the permittee upon which issuance of the permit was based;

3. Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in Sections 6.25.040 through 6.25.190 of this chapter; or

4.5. When any ice cream truck owner fails to correct any ice cream truck safety violation after being notified by the chief of police or his or her fee and continues 7 to operate the ice cream truck within the City of Delano conducting any sales or advertising from such vehicle.

C. Permit holder has ten days from the date of receipt of the suspension or revocation notice to file his/her appeal.

D. No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.

6.25.105 Vending on private property – Private Property Vending Permit Required.

A. Application for Private Property Vending Permit.

1. Any person desiring to obtain a private property vending permit shall apply to the community development director. Applications shall be submitted in the form prescribed by the city.

2. Prior to submitting an application, a nonrefundable fee, as established by resolution of the city council, shall be paid to the city.

3. No application shall be processed unless and until the applicant has provided all the information requested on the application and has paid the requisite fee.

5. Each applicant for a private property vending permit shall furnish the following information and documents as part of the application:
a. The present or proposed address from which the business is to be conducted;
b. A site plan indicating the location of the food truck on property, including setbacks, parking spaces and restroom facilities. c. The property shall include a developed parking lot suitable for the commercial or industrial use existing on the property, with each proposed food truck occupying a maximum of three parking spaces. 8 d. A property owner consent form. If any business is operating on the subject property, and business owner is a lessee and not the owner of such property, business owner consent must be provided in writing in addition to the property owner consent form.
e. The full true name under which the business will be conducted; f. The full true name and any other names used by the applicant; g. The present residence address and telephone number of the applicant; h. Driver’s license number of the applicant;
i. Acceptable written proof that the applicant is at least eighteen years of age;
j. A description of the goods or merchandise that the business will vend; k. The number of vehicles to be owned, operated, or controlled by the applicant and the makes, body styles, years, serial numbers, state license plate numbers, and names and addresses of registered or legal owners of each vehicle;
l. A description or depiction of the logo, color scheme, insignia and any other distinguishing characteristics of applicant’s vehicle; m. The permit history of the applicant for the three-year period immediately preceding the date of 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, permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation; and
n. Such other identification or information as the community development director may reasonably require.

B. An operator shall submit a separate permit application and fee for each food vending vehicle.

C. Issuance of Permit. The community development director, or his designated representative, within thirty (30) City Hall business days after receiving the application, shall grant the private property vending permit only if he finds that all of the following requirements have been met:
a. The required fees have been paid;
b. The application is complete, and all of the required information and documents have been provided;
c. The applicant has not knowingly made a material misrepresentation of fact in the application; and
9 d. The applicant and food vending vehicle have passed the inspection, review and background conducted by the police department.

D. Denial of Permit.

3. Any applicant whose application has been denied by the community development director, or his designated representative, may appeal such denial to the planning commission by filing an appeal as specified in Section 20.2.180 of this code.

F. Permit Term and Renewal. The term and renewal procedures for a private property vending permit shall be the same as those set forth in Section 6.25.050 above.

1. Falsehood of any information supplied by the permittee upon which issuance of the permit was based;

3. Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in this chapter, as applicable;

5. When any ice cream truck owner fails to correct any ice cream truck safety violation after being notified by the community development director or his 10 designee and continues to operate the ice cream truck within the city conducting any sales or advertising from such vehicle.

No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.

6.25.110 Food vending vehicle regulations.

A. No person shall vend from a food vending vehicle which is stopped, parked or standing on any public street, alley or highway:

1. Within five hundred feet of any school property, park, playground or recreational facility;

2. Within five hundred feet of any other food vending vehicle which is engaged in the operation of food vending;

3. Within two hundred feet of an intersection;

5. When the food vending vehicle is parked in violation of any other provision of this Code or the California Vehicle Code;

6. When any part of the food vending 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;

7. When the food vending vehicle is not stopped, parked or standing on the right side of the street, alley or highway;

8. When the prospective customer is standing or sitting in another vehicle;

9. When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic;

10. Between the hours of 911:00 p.m. and 8:00 a.m. (set up and tear down shall be done between working hours);

11. Within one thousand feet from any enclosed commercial restaurant;

B. No person shall back up a food vending vehicle to make or attempt to make a sale.

C. No food vending vehicle shall be operated in any one location for longer than three hours, and shall be moved a minimum of five hundred feet before vending again. 12 D. No minor under the age of sixteen shall ride in or on a food vending vehicle while such food vending vehicle is engaged, or about to be engaged, in the operation of vending.

E. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food vending vehicle.

6.25.125 Prohibited conduct – Private property.

A. No person shall vend from a food vending vehicle which is stopped, parked or standing on any private property:

1. Within five hundred feet (500 ft.) of any school property, park, playground or recreational facility;

2. Within two hundred and fifty feet (250 ft.) of any other food vending vehicle not included within the same vending permit which is engaged in the operation of food vending;

3. Within five hundred feet (500 ft.) from any enclosed commercial restaurant;