PUBLIC OUTREACH
Over the last two years, staff has met with downtown breweries and taprooms that would be most impacted by a change to the mobile vendor ordinance, as well as with community partners and organizations who often invite food trucks to downtown. Since May 5, staff has engaged with the general public, small businesses, property owners, and mobile vendors.
NEXT STEPS
1. If Council chooses to adopt a mobile vendor pilot
program, a resolution should be adopted specifying approved locations, times, an d corresponding requirements.
2. Staff will return in the fall with an update on the mobile vending pilot program, and an update on the draft ordinance for Chapter 16A Article II.
Attachments:
1. Mobile Vendor Pilot Program Guidelines
2. 2025 Pilot Program Resolution
3. Chapter 16A Article II
Mobile Vending Pilot Program Draft Guidelines- for consideration at the June 2, 2025 Gilroy City Council Meeting City of Gilroy
Mobile Vending Pilot Program Guidelines-DRAFT for consideration at the June 2, 2025 Gilroy City Council Meeting Effective Upon Adoption – December 31, 2025 (or until the new ordinance is adopted)
1. Purpose
The purpose of this Mobile Vending Pilot Program is to allow temporary, regulated food truck operations in designated areas of the City of Gilroy while the City updates its permanent mobile vending ordinance. This pilot program provides an opportunity to evaluate the feasibility, community response, and operational impacts of mobile vending in various settings.
2. Program Duration
The pilot program shall be effective immediately upon adoption and will remain in place until December 31, 2025, or until a revised ordinance is adopted by the City Council, whichever occurs first.
3. General Requirements
All mobile vendors, including those participating in the pilot program, must comply with the following requirements:
- Possess a valid Mobile Vending Permit issued by the Gilroy Police Department - Possess a valid City of Gilroy Business License
- Possess a Santa Clara County Environmental Health Permit (if applicable) - Possess a California Department of Tax and Fee Administration Seller’s Permit - Provide proof of permission to use restroom facilities if operating longer than one hour - Comply with operational standards established in Chapter 16B for consistency License/Permit Organization Contact Information
City of Gilroy Mobile
Vending Permit
City of Gilroy Police Department Telephone- 408-846-0309 https://www.cityofgilroy.org/653/Police-Forms
City of Gilroy Business
License
City of Gilroy Finance Department Telephone – (408) 846-0420 https://www.cityofgilroy.org/207/Business-Licenses
Health Permit County of Santa Clara Department of
Environmental Health, Consumer
Protection Division
Telephone – (408) 918-1908
https://cpd.sccgov.org/food/mobile-food-facilities
Sellers Permit California Department of Tax and Fee
Administration
Telephone – 1-800-400-7115
https://www.cdtfa.ca.gov/services/#Overview
Mobile Vending Pilot Program Draft Guidelines- for consideration at the June 2, 2025 Gilroy City Council Meeting
4. No Mobile Vending Zones
Mobile vending is prohibited in the following areas:
- Public Right-of-Way on Monterey Street and side streets from Leavesley to Luchessa Avenue - Private or Public Property fronting or visible from Monterey Street
5. Pilot Locations and Conditions
A. Special Events
Food trucks may operate at permitted special events for the duration of the event, provided they are listed on the special event permit. Vendors must follow all location, safety, and sanitation rules during the event.
B. Downtown Locations
- 5th Street Lot: Allowed Friday–Saturday, 5:00 p.m.–10:00 p.m., with signage and restroom access - Eigleberry Street: Parallel curbside vending may be permitted, subject to safety review - Gourmet Alley Parking Lots: Designated food truck spaces may be assigned with signage and restroom access - Private property along Gourmet Alley may be used with owner permission and required permits C. Private Property
Mobile vendors may operate on developed private property in Commercial, Industrial/Manufacturing, and Mixed-Use Zoning Districts. Residential zoning districts are prohibited. - Hours of operation: Hours cannot exceed those of the business/businesses in the immediate vicinity of the vending location, and cannot operate outside of the hours of 6:00 a.m. – 12:00 a.m. or as defined in agreement with property owner
- Vendors must have written permission from the property owner and must not interfere with minimum required parking requirements
6. Operational Standards
- No deep frying or wood-fired cooking equipment
- No external signage, flags, or banners (only painted signage compliant with zoning code) - No generators exceeding acceptable noise levels
- Waste and grease must be properly disposed of; vendors must provide trash receptacles - Maintain a minimum 5 feet or 50% of sidewalk clearance for pedestrian access - Maintain a 25-foot distance from ATMs
- Adhere to all applicable distance requirements from schools, entertainment venues, and special events per Chapter 16B
7. Evaluation and Reporting
City staff will monitor and evaluate the pilot program based on:
- Public and business feedback
- Vendor participation and permit data
- Code enforcement or safety issues
- Traffic, parking, and pedestrian impact observations
Staff will report findings to the City Council prior to the program’s conclusion.
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Gilroy
ESTABLISHING A MOBILE VENDING PILOT PROGRAM TO ALLOW
FOOD TRUCKS TO OPERATE IN DESIGNATED AREAS WHILE STAFF
UPDATES THE MOBILE VENDING ORDINANCE
WHEREAS, the City of Gilroy currently regulates mobile vending under Chapter 16A, Article II of the Gilroy City Code, which limits operations to 10-minute intervals and prohibits vending in certain commercial zones; and
WHEREAS, Chapter 16B of the Gilroy City Code provides more modern and flexible regulations for sidewalk vending, including updated distance and operational standards; and WHEREAS, the City Council has directed staff to update the mobile vending ordinance to reflect current best practices, balance health and safety concerns, and support local economic development; and
WHEREAS, food trucks are increasingly viewed as an important tool for supporting small businesses, promoting placemaking, and enhancing community events; and WHEREAS, a temporary pilot program will provide a low-risk opportunity to test the feasibility of food truck operations in different areas of the City, allow for public input, and inform permanent ordinance amendments; and
WHEREAS, staff has identified specific locations, times, and operational standards under which food truck vending may occur during the pilot program period; WHEREAS, adoption of a pilot program does not replace the City’s existing permit and enforcement procedures but provides limited, conditional flexibility until the ordinance update is completed;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby establishes a Mobile Vending Pilot Program as follows:
SECTION I
The Mobile Vending Pilot Program shall be in effect upon adoption of this resolution and shall expire on December 31, 2025, or upon adoption of a revised mobile vending ordinance, whichever occurs first.
SECTION II
Mobile food vendors participating in the pilot program must comply with all general requirements and operational standards outlined in the Mobile Vending Pilot Program Guidelines, attached hereto as Exhibit A.
Resolution No. 2025-XX
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025
SECTION III
Mobile vending is prohibited in the following No Vending Zones:
- Public Right-of-Way on Monterey Street and side streets from Leavesley to Luchessa Avenue. - Private or Public Property fronting or visible from Monterey Street.
SECTION IV
Approved pilot vending areas include:
- Designated downtown locations outside of the No Vending Zone; - Permitted special events;
- Developed private property in commercial, industrial/manufacturing, and mixed-use zones with appropriate approvals;
- Parks or public areas during permitted events.
SECTION V
City staff shall monitor the pilot program, collect data, and return to City Council with an evaluation report and recommendations for permanent ordinance amendments prior to expiration of the pilot program.
PASSED AND ADOPTED this DATE day of MONTH YEAR by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Bryce Atkins, Interim City Clerk
Resolution No. 2025-XX
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025
CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, June 2, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Bryce Atkins
Interim City Clerk of the City of Gilroy
(Seal)
Chapter 16A
PEDDLERS, SOLICITORS, VENDORS AND OTHER TRANSIENT BUSINESSES1 ARTICLE II. MOBILE VENDING PERMITS
16A.13 Mobile vending permit required.
A mobile vending facility, that is, any portable container, pushcart, stand, vehicle or wagon used for displaying, selling or offering for sale any food, goods or services, shall be prohibited from operating in commercial zoning districts known as C1 Neighborhood Commercial, C2 Central Commercial and C3 Shopping Center Commercial. No person shall place, maintain conduct, park or allow to stand or remain any mobile vending facility within the city limits without first obtaining a written mobile vending permit to do so, as well as any required identity permits under Article I of this chapter, from the chief of police.
No mobile vending facility shall display any sign, flag, banner, whether attached or on a separate structure, except such signs as may be painted thereon in compliance with the city zoning ordinance.
The following uses shall not be considered as mobile vending facilities, and are thus not required to obtain a mobile vending permit hereunder:
(1) Vehicles or trucks used for catering or vending prepared foodstuffs and located upon private property at the invitation of the property owner, solely for the use of the owner or said owner’s tenants or employees and not for the use of the general public.
(2) Any nonmotorized pushcart or stand selling food on a paved private sidewalk (not a parking lot) in a commercial zone, provided that permanent restroom facilities (both men’s and women’s) are located on the same parcel of land, are open for public use for all hours that the pushcart or stand is open, and that the owner or operator of the pushcart or stand has written permission from the owner of the restrooms for his customers to use them. Such permission shall be produced and shown on the demand of any person solicited or of any police officer or official of the city. (3) Temporary fireworks stands, pumpkin patches, Christmas tree lots, or such other seasonal temporary vendors as may be defined by the chief of police. No such vendor shall commence operation more than thirty (30) days in advance of the date of the applicable seasonal holiday. (4) Temporary vending facilities owned and operated by a nonprofit or charitable organization and conducting sales for an event or occasion not to exceed three (3) consecutive days within any six-month time period. (Ord. No. 97-10, § I, 11-5-97)
16A.14 Permit procedure.
(a) Each application for a mobile vending permit shall be on a form provided by the chief of police, shall be accompanied by an application fee established by the city council, shall be signed by the applicant, and shall include the following:
(1) The names and addresses of each person who will occupy or use the mobile vending facility for purposes of exercising said permit;
(2) A certificate of insurance, stating the insurer’s name, policy terms, and principal amounts, not less than a combined single limit, established annually by the city council, of a policy of insurance against public liability, bodily injury, and property damage arising from the permitted activity. Each such policy
shall be amendable only upon thirty (30) days’ advance notice to the city and shall name the city as an additional insured; and
(3) Such additional information as may be required by the city administrator. (b) The chief of police shall grant a mobile vending permit, based upon the information contained in the application, public records, and the recommendations of departmental staff, if he concludes that the granting of such a permit would be in compliance with all of the provisions of this chapter and the intent of this article, and it appears that no undue traffic safety, litter, parking, or other health and safety consequences would result from exercise thereof. Any such permit may be suspended, modified, or revoked by the chief of police when he finds a violation of or noncompliance with the terms of such permit, or with other applicable laws or regulations. (Ord. No. 97-10, § I, 11-5-97) 16A.15 Prohibited locations; prohibition against loitering.
No person required to obtain a mobile vending permit hereunder shall place, park or allow to stand the portable container, pushcart, stand, vehicle or wagon used for displaying, selling or offering for sale any food, goods or services in any of the following places within the city. (1) Upon private property, except with the written permission of the owner of the property. Such permission shall be produced and shown on the demand of any person solicited or of any police officer or official of the city.
(2) In or upon any street within three hundred (300) feet of the nearest property line of any elementary or junior high school property.
Regardless of whether on public or private property, no person required to obtain a mobile vending permit hereunder shall place, park or allow to stand the portable container, pushcart, stand, vehicle or wagon at any one place except at the request of a bona fide purchaser for a reasonable period of time, not to exceed ten (10) minutes, provided that when such person thereafter moves any such portable container, pushcart, stand, vehicle or wagon, it shall be moved a minimum distance of one hundred (100) feet before again being stopped. (Ord. No. 97-10, § I, 11-5-97) ARTICLE IV. REVOCATION AND SUSPENSION
16A.17 Revocation and suspension of license and permits.
In the event that the chief of police of the city has reasonable cause to believe and does believe that any licensee or holder of any permit issued under this chapter is violating any provisions of this chapter, of any permit issued under this chapter, or of any other law or ordinance relating to the business of the licensee, he shall have the power to and shall be authorized to suspend or revoke such license and all identity permits so issued, as well as any mobile vending permit. (Ord. No. 97-10, § I, 11-5-97) 16A.18 Administrative hearings and appeals.
In the event that any applicant desires to appeal from any order, denial of exemption, order of suspension, or any other ruling of the license collector, the chief of police, or any other officer of the city made under the provisions of this chapter, such applicant or any other person aggrieved thereby shall file written notice of such appeal with the city clerk within ten (10) calendar days of the date of such
action. The appeal shall be resolved pursuant to the city’s adopted municipal administrative hearing policy, and a final decision rendered pursuant thereto shall be final. (Ord. No. 97-10, § I, 11-5-97) 16A.19.4 Violation – Penalty.
Any violation of the provisions of this chapter is punishable in accordance with section 1.7 of this Code. (Ord. No. 2010-10, § 1, 7-19-10)
16A.19.5 Other regulations.
Nothing in this Article V is intended to supersede or conflict with any requirement or limitation contained in Articles I through IV of this chapter. (Ord. No. 2010-10, § 1, 7-19-10)