Long Beach City Council
August 23, 2022

CITY OF
LONG
Department of Public Works
411 West Ocean Boulevard, 5th Floor Long Beach, CA 90802 (562) 570-6383
August 23, 2022

HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:

R-28
Receive and file the Considerations and Recommendations Report prepared by Lisa Wise Consulting, Inc., regarding the City's existing food truck regulations; and, Request the City Attorney to prepare an Ordinance to update the Long Beach Municipal Code (LBMC) to comply with the most recently enacted State and federal legislation regarding the food trucks; to consolidate, where feasible, provisions of the LBMC relating to the regulation and enforcement of food trucks and similar operations into one Ordinance; and, in consultation with the City Manager, or designee, repeal provisions of the LBMC which are obsolete, no longer applicable, or no longer enforced related to food trucks and similar operations. (Citywide)

DISCUSSION
In May 2021, Lisa Wise Consulting, Inc. (LWC), was retained to address updating and developing City of Long Beach (City) regulations and policies related to the operation of food trucks. The scope of LWC's work was to audit the existing code, engage with internal and external shareholders regarding current conditions of food trucks within Long Beach, and create a set of recommendations for future action which considered all stakeholders.

The project was completed and LWC's Considerations and Recommendations Report (LWC Report) is attached (Attachment) . The recommendations of LWC are specific to food trucks, including ice cream trucks and similar mobile food vehicles. City staff are working separately to address concerns and the regulations related to sidewalk vendors, which will be presented to the City Council as a separate item for consideration at a future date.

Outreach Results
The Public Works Department served as a liaison between LWC and all internal and external stakeholders during the completion of LWC's food truck policy assessment.

External stakeholders that were engaged included Business Improvement District (BID) representatives, restaurateurs, property owners, food truck operators, food truck industry trade organization representatives, and residents. Common themes of the external stakeholder feedback included the following:

HONORABLE MAYOR AND CITY COUNCIL
August 23, 2022
Page2
• Food trucks can benefit areas without access to fresh, diverse food options. • Food trucks can result in competition with brick-and-mortar businesses that face additional regulations, as compared to food trucks.
• Existing regulations are unclear and are not enforced consistently. • Unpermitted trucks are a nuisance to the community, permitted food truck operators, and business owners.
• Location-based food truck zones could be a successful solution.

Internal stakeholders that were engaged included Development Services, Economic Development, Financial Management, Health and Human Services (Health Department), Parks, Recreation and Marine, and Police Departments. These internal stakeholders reported the following:
• Food trucks can be beneficial to neighborhoods and special events by offering convenient, affordable food and activating parking lots. • Food trucks can cause unexpected vehicular and pedestrian traffic, parking issues, and pedestrian safety concerns.
• Existing regulations are unclear and difficult to enforce. • Current city staff resources and capacity present an enforcement challenge. • A comprehensive Food Truck Program could ease enforcement challenges.

For more details on feedback received, see the Key Findings and Considerations section of the Attachment.

Food Truck Policy Options
The LWC Report highlights local conditions occurring under the current regulations, key findings from stakeholder interviews and audits, and recommendations to modernize the City's existing food truck regulations to be more consistent with other contemporary cities.

On July 12, 2022, the City Council conducted a study session on food safety which included discussions regarding food trucks. The City Council communicated its desire to balance the concerns of brick-and-mortar businesses, while also providing food trucks the opportunity to be successful and operate safely and in compliance with health and safety requirements. This could include exploring designated areas where food trucks would be encouraged to operate. In addition, there is a need to address public health and safety, nuisance, trash, ADA accessibility, and parking concerns, along with evaluating suitability for residential areas.

Considering the breadth of the recommendations proposed by LWC and the priorities communicated by the City Council, City staff recommends a two-phased approach to the implementation of these food truck policy options. As outlined below, this approach allows

HONORABLE MAYOR AND CITY COUNCIL
August 23, 2022

for certain solutions to be implemented immediately, while allowing additional time for City staff to develop specific recommendations, consistent with LWC's feedback, that require further stakeholder engagement and analysis.

Phase 1: Focus on Health and Safety
Phase 1 will focus on addressing recommendations from LWC that are primarily related to health and safety concerns, and those recommendations that can be implemented immediately. City staff recommends that the City Attorney drafts an Ordinance which accomplishes the following:
• Update the Long Beach Municipal Code (LBMC) to comply with the most recently enacted State and federal legislation regarding food trucks.

This is the most immediate need identified by LWC and would include clear cross­ references to State law to ensure that the LBMC remains consistent as changes occur. Currently, requirements in the LBMC, including those referenced to important health and safety requirements in the California Health and Safety Code, are outdated. This update would also include modernizing and consolidating definitions so the LBMC definitions are compliant and consistent with State law and easy to understand.
• Consolidate, where feasible, Chapters of the LBMC relating to the regulation and enforcement of food trucks and similar operations into one Ordinance.

Consolidating all regulations related to food trucks into one Ordinance makes it easier for operators to comply with regulations and for City staff to enforce such regulations. City staff also recommends that all available legal enforcement tools are included in this Ordinance.
• Repeal sections of the LBMC which are obsolete, no longer applicable, or no longer enforced in relation to food trucks and similar operations.

This action will ensure that only the most up to date requirements for food trucks are contained within the LBMC, avoiding confusion for both food truck operators and City staff.
• Require a health permit from only the City's Health Department.

This will allow the Health Department to permit and enforce the requirements of the California Health and Safety Code, to ensure the public's health is protected and that costs associated with the program are recovered by the City.

HONORABLE MAYOR AND CITY COUNCIL
August 23, 2022

• Allow the City Manager, or designee, to adopt reasonable rules and regulations necessary to implement the requirements and administration of the Food Truck Program.

If the City Council moves forward as recommended, City staff will complete Phase 1 as soon as possible, but will need time to assess the amount of code cleanup that is necessary to determine an accurate timeline.

Phase 2: Location-Based Regulations and Additional Permits Phase 2 will focus on implementing recommendations which require additional engagement with external and internal stakeholders and/or further analysis by City staff before a recommendation to City Council may be made. External stakeholders include, but are not limited to, food truck operators, community members, BIDs, and brick-and­ mortar businesses.

City staff intend to evaluate policy options, anticipated to be brought to the City Council in Spring 2023, which would regulate the following:
• The ability for food trucks to operate at Special Events and on private property.

This will involve coordination with the Office of Special Events and the Development Services Department to evaluate any applicable land use issues on private property locations.
• Location-based regulations, including, but not limited to:

Issuance of a permit for food trucks to use within the public-right-of-way; zoning and land use considerations, including requiring a land use permit; parking impacts and regulations; and time-based regulations for operations. Based on stakeholder and City Council feedback, staff will explore concerns in residential areas and business districts as well as consider areas where food trucks can be encouraged, such as locations with limited access to food options or spaces that could benefit from additional activation.
• Regulations related to nuisance abatement and other public safety concerns . . Further, consistent with LWC's recommendations, City staff recommends that the City implements a Food Truck Program with a designated Food Truck Coordinator. The Food Truck Coordinator position would help to promote consistency, clarity, reliability, and equity in the Food Truck Program. This position will also serve as a direct contact for all food truck operators and owners, brick-and-mortar business owners, and community members. The Food Truck Coordinator would be a position within Public Works Department, that would also oversee enforcement of any permit required to operate in

HONORABLE MAYOR AND CITY COUNCIL
August 23, 2022

the public-right-of-way. The Proposed Fiscal Year 2023 (FY 23) Budget contains a request for funding for the Food Truck Program Coordinator position within the Public Works Department's Project Management Bureau, with the intention to recover costs through permit fees associated with the Food Truck Program.

After each phase is completed, a targeted outreach campaign will be launched to engage and educate the community, businesses, and food truck operators on any updated regulations, restrictions, and other considerations. Each phase will be developed and implemented utilizing an equity lens.

This matter was reviewed by Deputy City Attorney Taylor Anderson on August 10, 2022 and by Budget Management Officer Nader Kaamoush on August 9, 2022.

TIMING CONSIDERATIONS
City Council action on this matter is not time critical.

FISCAL IMPACT
Approval of this recommendation will allow City staff to complete the first of two phases of the City's Food Truck Program development and prepare an Ordinance to update the LBMC to address health and safety concerns. As part of the first phase, the Ordinance will include mandatory permits issued by the City's Health Department. Following implementation and based on existing permits, annual permit fees can range from $250 to $828 per truck and will depend on the complexity of the food operations. Annual revenue is estimated at $52,000 which will be deposited to the Health Fund Group and can offset program implementation costs during the first full year of implementation. The second phase of program development will focus on location-based regulations and additional permitting requirements. In anticipation for program implementation and in accordance with study recommendations, the Proposed FY 23 Budget includes an enhancement request for 1.0 FTE (full-time equivalent) to coordinate a Food Truck Program and related permitting processes for the Public Works Department. At this time, staff is evaluating the estimated costs (inclusive of the proposed FTE enhancem·ent) associated with full program implementation and will return to the City Council with revised estimates, in addition to proposed adjustments to the Master Fees and Charges Schedule to implement fees needed to offset program costs in both the Health and Public Works Departments.

This recommendation has a moderate staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.

HONORABLE MAYOR AND CITY COUNCIL
August 23, 2022

SUGGESTED ACTION:

Approve recommendation.

Respectfully submitted,
Lh

ERIC LOPEZ

DIRECTOR OF PUBLIC WORKS
EL:RM:dr:pl
ATTACHMENT: CONSIDERATIONS AND RECOMMENDATIONS REPORT
APPROVED:

THOMAS B. MODICA

CITY MANAGER
Attachment A

Attachment A

Contents
A Introduction ........................................................................................ 2 A.1 Overview of Project ............................................................................................................... 2 A.2 Overview of Considerations and Recommendations Report .................................................. 2 A.3 Existing Conditions ................................................................................................................ 3 A.3.a Local Conditions ...................................................................................................................... 3 A.3.b State Legislation ...................................................................................................................... 4 A.3.c Legal Precedent ...................................................................................................................... 5 B Key Findings and Considerations ...................................................... 6 B.1 Departmental and Stakeholder Interview Summary ............................................................... 6 B.2 Long Beach Municipal Code Audit ......................................................................................... 7 B.3 Case Study Research ........................................................................................................... 8 B.3.a Background ............................................................................................................................. 8 B.3.b Key Takeaways ....................................................................................................................... 8 C Recommendations ........................................................................... 11 C.1 Introduction ......................................................................................................................... 11 C.2 Recommendation Options ................................................................................................... 11 C.2.a Designate a Food Truck Coordinator .................................................................................... 11 C.2.b Adopt Location-Based Regulations and Parking Restrictions ............................................... 11 C.2.c Modernize and Streamline Long Beach Municipal Code Provisions .................................... 13 C.2.d Initiate Robust Engagement and Education Campaign ........................................................ 14 D Conclusion ....................................................................................... 15

Appendix A: Stakeholder and Departmental Interview Summary Memo ...…………………….. A-1 Appendix B: Long Beach Municipal Code Audit Summary Memo ...……………………………. B-1 Appendix C: Case Study Research Memo ………………………………………………………… C-1 Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 2 A Introduction
A.1 Overview of Project
The City of Long Beach (City) has engaged Lisa Wise Consulting, Inc. (LWC) to support the development of a F ood Truck Program. This project is intended to provide the City with a set of alternatives and recommendations that account for local conditions, national best practices, and input from food truck operators, business owners, neighborhood groups, appointed and elected officials, and other community members.

The project includes several community engagement and technical analysis tasks, including:
• A Kickoff Meeting ( May 2021) that engaged City staff regarding key issues related to food truck regulation and project expectations;
• The development of a Stakeholder Outreach Plan describing departmental and stakeholder outreach strategies and logistics;
• 10 departmental interviews with City staff between July 19- 26, 2021 to better understand critical issues affecting food truck operation;
• Six community stakeholder group interview sessions between October 5- 27, 2021 focused on revealing constraints and opportunities from the perspective of food truck operators, Business Improvement District (BID) managers, business owners, neighborhood association representatives, and other community members;
• An audit (November 2021 ) of the Long Beach Municipal Code (LBMC) that examined key regulations as they relate to food trucks; and
• A Case Study Research Memo ( December 2021 ) summarizing LWC’s analysis of seven comparable jurisdictions and their regulatory approach to food trucks.

A.2 Overview of Considerations and Recommendations
Report
This Considerations and Recommendations Report (Report) provides recommendations and options for a fair, effective, and objective Food Truck Program for the City’s consideration as they determine the best course of action for addressing food truck operations in Long Beach. The Report provides an overview of existing conditions regarding food truck permitting, enforcement, and law; highlights findings from the project’s preceding deliverables; and presents recommendations for the most effective solutions given local conditions.

Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 3 A.3 Existing Conditions
A.3.a Local Conditions
Southern California has been an epicenter of food truck activity for decades , an industry pioneered by “lonchero” taco trucks and greatly expanded by the arrival of gourmet food trucks in the 2000s. In Long Beach, 272 businesses have been granted business licenses for “mobile food facilities” 1 since 1987. Of these licenses, 104 are active and 78 (or 75 percent) have been granted since 2010, with a pronounced increase in activity since 2014 (see Figure A.3-1). However, it is unknown how many are actively conducting business within City limits, nor do these data capture the number of unpermitted food trucks that operate within the City.

Figure A.3-1: Start Date of Active Mobile Food Facility Licenses (2010-2021)

Source: City of Long Beach, Department of Financial Management Not all licensed mobile food facilities are “food trucks” in the colloquial sense. Based on business names registered with the City, an estimated 31 (or 30 percent) operate as ice cream trucks (i.e., primarily sell refrigerated/frozen desserts), while others appear to serve as catering trucks or unmotorized vending carts.

Mobile food facilities must provide the address of the commissary they operate in conjunction with , in compliance with California Health and Safety Code Section 114295. City data show that 77 (or 74 percent) of licensed mobile food facilities are based outside of Long Beach, including the cities of Los Angeles, Paramount, Lynwood, and Downey. Of the 27 (or 26 percent) based within C ity limits, nearly all are associated with the same three addresses and specialize in ice cream or other desserts .

1 This term will be used interchangeably with “food trucks” throughout this report when discussing the City’s regulatory framework.
0 2
4 6
8 10
12 14
16 18
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 New Licenses
Year
Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 4 As the popularity of food trucks in Long Beach has increased, so too have the number of formal complaints recorded by the City’s Department of Health & Human Services. The City has received approximately 85- 100 complaints per year related to mobile food facilities between 2016- 2019, with a marked decrease in 2020 (likely due to the COVID-19 pandemic), and 76 as of July 2021 (see Figure A.3-2).

Figure A.3-2: Mobile Food Facility Complaints (2016 to July 2021)

Source: City of Long Beach, Department of Health & Human Services Most complaints are associated with the operation of “unlicensed food facilities,” including motorized food trucks, pushcart vendors, pedestrian peddlers, and the sale of food from residences. A lesser number of complaints mention public health concerns such as unsanitary food preparation conditions and illnesses experienced after consuming products from unlicensed/unpermitted vendors.

A.3.b State Legislation
As a result of the relatively recent and rapid growth of the food truck industry, California’s overall legal framework has shifted to address the specific regulatory issues that have arisen at the local level. Food trucks are health regulated businesses subject to state standards published in the California Retail Food Code, which is a part of the Health and Safety Code, with local permitting and enforcement the responsibility of county and/or city health departments. Cities may regulate food trucks as long as they meet certain legal standards stemming from the land use and zoning powers granted to them by the California Constitution to protect the public health, safety, and welfare. This “police power ” must also be reasonably related to a legitimate government purpose, and a city must have a reasonable basis in fact to support the necessity of a given regulation. P arking and traffic control, meanwhile, are matters of statewide concern, and the California Legislature has enacted provisions that preempt local and county governments in these fields. 0 20
40 60
80 100
120
2016 2017 2018 2019 2020 2021
(July 2021)
Complaints
Year
Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 5 Specific to food trucks, California Vehicle Code Section 22455 allows cities to regulate the zones in which food trucks may operate.

Both land use and veh icle regulations have adapted over time to address food trucks, owing to their operation at the intersection of both private property in underlying zones and on public streets. Section 22455 was enacted by the California Legislature in 1984, followed closely by a 1985 amendment that removed a city’s authority to ban vending on all public streets. In 2008, this section was amended to include a provision limiting local authorities from adopting additional requirements on street vending beyond time, place, and manner regulations to protect the public safety. Health and Safety Code Section 114315, part of Chapter 10 (Mobile Food Facilities), was amended in the same year to include an identical provision.

A.3.c Legal Precedent
Court cases have also shaped the landscape of food truck regulation in the state, resolving matters of interpretation where state and local regulations have clashed. For example, the City of Los Angeles once prohibited the sale of food on public streets within 100 feet of the entrance to a brick-and-mortar restaurant on the grounds that such sales might create a traffic hazard. In 1979, the California Court of Appeals upheld a trial court ruling that declared the ordinance a “naked restraint of trade” that denies food trucks equal protection under the law and unconstitutionally discriminates in favor of restaurants with a fixed location. 2 The court added that, despite the intention of the regulation to protect pedestrians and prevent traffic hazards, the City of Los Angeles failed to explain “ how a catering truck is more of a traffic hazard within 100 feet of the entrance to a restaurant than it is within 100 feet of the entrance to a gas station or other commercial enterprise.” Unless a City can establish that a prohibition of food trucks within a certain distance of restaurants is a reasonable time, place, and manner restriction for the purpose of public safety, a court would likely find that any such ordinance would be preempted by State law.

In 2009, parking duration restrictions on food trucks were also struck down. In 2006, the City of Los Angeles amended Section 80.73 of its Municipal Code to add Subdivision (b)2.F, requiring food trucks to move every 30 or 60 minutes depending on whether they were operating in a residential or commercial area. After a year of aggressive enforcement, the Los Angeles Superior Court ruled in 2009 that, like the 1979 case above, the ordinance was not rationally related to public safety and is preempted by Vehicle Code Section 22455.3

2 People v. Ala Carte Catering Co., 159 Cal. Rptr. 479 (App. Dep’t Super. Ct. 1979) 3 People v. Margarita Garcia, No. 8EA05884 (L.A. Cnty. Super. Ct. Aug. 27, 2008) Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 6 B Key Findings and Considerations
B.1 Departmental and Stakeholder Interview Summary
To gain a perspective on the issues, constraints, and benefits of food trucks from an administrative standpoint, LWC conducted 10 virtual Departmental Interviews with City staff from July 19- 26, 2021. In addition, LWC facilitated six virtual stakeholder interview meetings with 15 community members from October 5-27, 2021. Feedback gathered in these interviews helped inform LWC and City staff in the creation of a fair and effective Food Truck Program that is responsive to the concerns of the community members and City staff. Common themes from the interviews are summarized below. For more information, see Appendix A.
• Food trucks benefit some areas of Long Beach more than others.

Food trucks provide benefits to areas of Long Beach that do not have access to fresh, diverse food options; however, they cause issues in other areas that have many brick -and-mortar food options and intense competition among food truck operators and business owners.

Food trucks provide benefits to the City’s popular coastal neighborhoods and many special events.

They offer quick, convenient, affordable food to a variety of Long Beach residents and visitors.

Food trucks often succeed at activating parking lots with foot traffic and economic activity, collectively benefitting nearby events/businesses and the food truck operators.

Residential neighborhoods, especially those with parking lots and parks that host special events, sometimes experience unexpected vehicular and pedestrian traffic when food trucks operate. This creates tension among residents, food truck oper ators, and business owners, particularly owners of brick-and-mortar restaurants and those located in a Business Improvement District (BID).

Food trucks can induce parking problems when located in multiple parking spaces that would otherwise be typically available for nearby residents, employees, or patrons. This may pose pedestrian safety concerns as food trucks may encroach into the public right-of-way. • Existing regulations and procedures are unclear and difficult to enforce consistently.

The LBMC does not currently present clear and enforceable standards for how to regulate food trucks or resolve conflicts between stakeholders. Some food truck operators struggle to follow and understand City’s licensing/permitting requirements as compared to other jurisdictions (e.g., Los Angeles (LA) County), which can cause health, safety, noise, and waste issues that are difficult for the City to address and track.
• City staff resources and capacity could pose challenges.

Due to a lack of clear direction from the LBMC, inter-departmental coordination of enforcement can be difficult despite good working relationships. City staff frequently struggle to identify a department or party responsible for food truck regulations, and there are concerns that the existing staff does not have capacity to take on the responsibility.
• The City would benefit from an enforceable, trackable Food Truck Program.

A comprehensive Food Truck Program, would provide many opportunities to the City, including identifying geographies or zones designated for food truck operation and the ability to creat e a Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 7 clear, trackable permitting structure. Regulations will be objective and enforceable, with clear internal processes for interdepartmental collaboration, and straightforward enough for food truck operators to understand and follow. A new Food Truck Program could also establish a Food Truck Coordinator position responsible for overseeing permitting processes and coordination among City staff, food truck operators, and stakeholder groups. This could be a less than one FTE responsibility of an existing position.
• Existing regulations are unclear and are not enforced consistently.

Food truck operators struggle to adhere to regulations when they are difficult to understand and/or vary based on which City department is administering and enforcing them. This decreases the ability for food trucks to operate safely and legally, perpetuating a perception that food trucks operators are uninterested in running a legitimate business. Additionally, community members and neighbors are unsure of the regulations that effect food truck operations • Unpermitted food trucks can be a nuisance to the community and business owners.

Food trucks that are unpermitted or improperly permitted have caused issues for community members and business owners by, for example, inadequately disposing of trash, parking illegally, and not adhering to health code requirements. Further, unpermitted or improperly permitted f ood trucks frequently park in highly trafficked areas causing circulation, safety, and ADA compliance issues.
• Location-based provisions could be a successful solution.

Establishing pre-determined areas for food trucks to park could be beneficial to all parties involved by offering the community more predictability and streamlining City enforcement. Designated food truck locations could include amenities such as tables and chairs or benches for outdoor dining, restrooms, and trash receptacles.

B.2 Long Beach Municipal Code Audit
LWC conducted an audit of the LBMC (completed November 2021) to identify key challenges in the LBMC as they relate to food trucks (i.e., mobile food facilities), including issues with zoning and land use controls, parking regulations, public right of way issues, licensing, public health and sanitation, noise, and other issues as indicated by research. The audit focused particularly on food trucks and addresses ice cream trucks and push carts where relevant and appropriate based on the definition of mobile food facilities. These are distinct from non-motorized sidewalk vending which is regulated by the California Safe Sidewalk Vending Act (SB 946).

Overall, the LBMC is deficient in addressing mobile food facilities in a consistent, objective manner. Where mobile food facilities are regulated, some LBMC provisions are inconsistent with State law, particularly related to the Health and S afety Code and Vehicle Code. The lack of specific land use controls, permits, parking regulations, and performance standards has resulted in an unclear regulatory framework with subjective and inconsistent administration and implementation. Food trucks, cart -based vendors, and ice cream trucks are often muddled, with provisions applying to some nuanced types of vending and not others.

Multiple and conflicting definitions (including “mobile food preparation vehicle,” “retail food vehicle,” “ice cream truck,” “mobile food truck,” and “vending cart”) further complicate code compliance. Without objective requirements and standards for mobile food facilities, the City will continue to implement regulations that result in inconsistent and inequitable enforcement. For more information, see Appendix B.

Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 8 B.3 Case Study Research
B.3.a Background
The increasing popularity of food trucks across the United States has led many communities to reassess their zoning and municipal codes to provide improved guidance on, for example, permitting procedures, parking standards, and enforcement. LWC conducted targeted research into food truck programs in San Diego, CA; Portland, OR; Austin, TX; and Denver, CO (completed December 2021) to identify the key best practices that regulate the thriving food truck industries in those cities. Other California cities comparable to Long Beach (including Pasadena, Berkeley, and Los Angeles) were also examined due to their well - established food truck industries.

The case study jurisdictions illustrate a variety of approaches local government can pursue when regulating food trucks in response to unique circumstances. All four cities shared the following:
• B asic requirements for business licensing and oversight by a city or county health department. • Operation in the public rig ht-of-way is treated as key to the food truck business model and is not outright prohibited.
• Operation in residential zones in undesirable and is limited in all jurisdictions through a combination of land use, distance separation, and time limit regulations.

B.3.b Key Takeaways
Summary of Case Study Analysis
Table B.3-1 provides a summary comparison across the four case study jurisdictions. These cities were selected due to their comparable size, structure, and scope of food trucks challenges and approaches. For more information, see Appendix C.

Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 9 Table B.3-1 Food Truck Program Case Study Summary
San Diego, CA
Pop.
1,386,932
Portland, OR
Pop. 961,503
Austin, TX
Pop. 961,855
Denver, CO
Pop. 715,522
Zoning and
land use
controls
Public ROW
Allowed in many
zones w/o use
permit; prohibited
downtown and along
coast
Allowed w/ use permit
in most zones Allowed w/ use
permit in all
commercial/
industrial
zones, with
exceptions for
office-focused
zones
Allowed w/ use
permit in all zones
(for <30 min.),
except residential
Private property
Allowed w/ use
permit in all industrial
zones; limited in
several residential
and all commercial,
mixed-use zones
Limited w/o use permit
to few residential;
certain commercial,
mixed-use, industrial;
all employment and
campus institutional
zones
Allowed w/ use
permit in all mixed-
use commercial,
several industrial/
recreational open
space zones
Distance separation
requirements
Required distance
from residential,
schools,
intersections, transit
Required distance
from intersections,
property lines, building
entrances, restaurants
(w/o consent)
Required
distance from
mixed-use,
restaurants,
residential
Required distance
from restaurants,
other food trucks,
residential,
intersections, parks
Sanitation/bathroom
requirements
Required >1 hour (w/
consent of owner)
Required >2 hours (w/
consent of owner)
Required >2
hours (w/
consent of
owner)
Not required
Licensing
standards
and time
allowances
Required
permits/licenses
Business, Health,
use permit
Business, Health, Fire,
use permit (in public
ROW)
Business,
Health, public
ROW [permit]
Business, Fire
Time limits No universal time
limits
Limited to 6am-11pm
in commercial
residential zones; 10
minutes adjacent to
residential zones
Strict
prohibition for
3am-6am;
Varies in other
cases based on
proximity to
certain uses
Limited to 4
consecutive hours,
8am-9pm;
Broad allowances
for <30 mins

The San Diego Case Study
All case studies provide relevant takeaways for the City of Long Beach to consider, but the City of San Diego is particularly illustrative for Long Beach given the need to comply with the California Retail Food Code, the California Coastal Act, and its recent update of food truck regulations in 2014. Highlights from the San Diego Case Study are included below. For more information on this and other case studies, see Appendix C.

Overall, San Diego’s regulatory approach ranges from permissive to restrictive depending on where a food truck intends to operate. Food trucks are allowed to operate by -right without a use- specific permit i n the public right-of-way, industrial/commercial office zones, and with the written consent of institutional property owners or high-density residential developments. This allows food trucks flexibility in reaching customers near places of employment and other locations where increased foot traffic and commercial activity does not generally impede public safety. To operate on private property outside the above locations, food trucks Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 10 must receive a use-specific permit which allows for limited access to parking lots in most downtown areas.

Furthermore, interested property owners may apply for a ministerial, use -specific permit for food truck operations on their premises that covers multiple vehicles. The most restrictive regulations apply to low - density open space, agricultural, and residential zones that do not allow commercial development, where food trucks are not permitted at all.

Of note is San Diego’s application of the Parking Impact Overlay Zone which applies to areas within several blocks of the City’s beachfront and neighborhoods surrounding large universities, where food trucks are not permitted in the public right-of-way. These restrictions also apply to the Gaslamp Quarter Planned District and San Diego’s historic central business district, with limited exemptions granted via a Special Events Permit. Given the legal standards described above in Section A.3 (Existing Conditions), San Diego justified these stricter standards as consistent with the both the Planned District’s purpose, G eneral Plan policies, and the intent of the Overlay Zone to preserve needed on-street parking in areas with special characteristics.

Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 11 C Recommendations
C.1 Introduction
The following recommendation options are based on the analysis and outreach described in Section B (Key Findings and Considerations). The four topic areas identified below include recommendations that would mediate conflicts while balancing the promotion of food trucks as a viable business model. For the most comprehensive and effective Food Truck Program possible, the City should implement all recommendation options; however, if some options are less desired by City staff, elected and appointed officials, and/or the community, the options may be adjusted, reprioritized, or removed at the City’s discretion.

C.2 Recommendation Options
C.2.a Designate a Food Truck Coordinator
In order to promote consistency, clarity, reliability, and equity, the City should designate a Food Truck Coordinator position, potentially housed in the Public Works Department. This person would ideally be a Public Works inspector familiar with management of the City’s right of way . The Food Truck Coordinator would serve as a direct contact for all food truck operators, business owners, and community members.

Responsibilities of the Food Truck Coordinator would include administering and enforcing applicable LBMC regulations, assisting food truck owners to ensure they are operating safely and legally, and fielding and managing community complaints related to food trucks, and. The Coordinator would also be responsible for verifying that food trucks have the proper permitting, citing food trucks that are incompliant, assuring food truck access remains ADA compliant, and inspecting any food truck operating in Long Beach during operating hours. Ideally, the Food Truck Coordinator would also be responsible for producing guides and other resources that summarize and communicate regulations for the benefit of all stakeholders and in multiple languages (see Subsection C.2.d, below, for more information).

The City would benefit most from the Food Truck Coordinator position if the Coordinator only accepted City of Long Beach permits administered by the Long Beach Department of Health and Human Services , and not permits issued by Los Angeles County. This would help to clarify the role, responsibility, and purview of this position, and remain consistent with City vs. county jurisdiction over food facilities and operation.

C.2.b Adopt Location-Based Regulations and Parking Restrictions The City should adopt two new sets of regulations that address: 1) the range of food truck challenges that occur in specific places in Long Beach (i.e., location- based regulations), and 2) universal considerations that apply throughout Long Beach (i.e., Citywide regulations).

Location-Based Regulations
The City should consider adopting location-based regulations to mitigate conflicts with surrounding land uses and to ensure public safety and the smooth flow of traffic . The City should work with Business Improvement Districts and Neighborhood Associations to establish surface parking lot s and/or vacant lots in which food trucks may operate. Through economic development functions, the City should also work with Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 12 food truck operators to provide a range of resources t o mitigate the impacts of food trucks on surrounding areas, such as designated restrooms, outdoor dining, and trash receptacles that can be located in the approved area of operation. Though the City cannot prohibit the operation of food trucks in the public right- of-way, the provision of such amenities may incentivize food truck operators away from public parking spaces and offer a reliable and marketable location to conduct their businesses. With one or several established and centralized locations, the Food Truck Coordinator can more efficiently administer the LBMC and enforce its provisions. The establishment of food truck operating areas should be consistent with General Plan land use designations and policy direction.

Location-based regulations should also allow food trucks more flexib ility in areas that have limited access to fresh food (e.g., Wrigley, Uptown, etc.). The City should allow food trucks to operate in the public right - of-way subject to the provisions
described below and work with
Business Improvement Districts
and Neighborhood Associations
to identify specific areas where
food trucks could and should
operate. Areas that need access
to food can benefit from pre-
determining and centralizing
food truck operation, as
described above. By utilizing
surface parking lots or vacant
lots for food truck operation,
community members can have
reliable access to inexpensive
food options in their
neighborhood.

Furthermore, the City should
also consider allowing interested
property owners to host food
truck operations on private
property with a ministerial permit
that must be renewed annually,
as i s exemplified in San Diego.

The maximum number of mobile
food trucks allowed per site
would be determined based on a
ratio of paved area per mobile
food truck, and would not include
any off -street parking spaces
that are re quired to satisfy off-
street parking needs.

Figure C.2-1 Parking Impacted Areas
Source: City of Long Beach
Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 13 The LBMC, most recently updated in July 2018, currently prohibits “mobile vending vehicles” from stopping, standing, or parking on any public street within the Parking Impacted Areas (see LBMC Section 10.22.090 and Figure C.2-1 ). However, lack of enforcement has led to significant uncertainty among stakeholders regarding the legality of food truck operation in these Areas. The City may wish to allow food trucks conditional approval in these neighborhoods in response to the wishes of food truc k operators and some community stakeholders, but will need to amend or remove LBMC Section 10.22.090 to do so.

Citywide Regulations
Food
trucks should be allowed to operate Citywide subject to specific provisions that mitigate nuisances and address community concerns. The City should consider flexibility in the Coastal Zone in order to be consistent with California Coastal Commission goals, review, and approval. Overall, t he City should consider adopting the following Citywide provisions:
• Parking restrictions (e.g., food trucks may not park in “red” or loading zones and may not be parked for more than t hree hours in any single location unless operation is occurring within a pre- determined location (see above)).
• Explicitly state the restroom proximity requirements of California Retail Food Code Section 114315(a), requiring “a food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility.” C.2.c Modernize and Streamline Long Beach Municipal Code Provisions The City should streamline and consolidate all LBMC provisions in one location, ideally in either Title 21 (Zoning) or Title 10 (Vehicles and Traffic). Locating all provisions in one Title will help with City administration and enforcement, and community understanding and clarit y. The City should address the following changes in the LBMC once the provisions are consolidated in one location:
• Repeal existing provisions that are obsolete or no longer applicable; • Clarify and streamline regulations that are desired to be maintained; • R emove unnecessary requirements and include clear cross -references to State law in order to remain consistent with State law as changes occur;
• Clarify the applicability of certain standards (e.g., whether a standard applies citywide to all food trucks in the public right -of-way or if it applies to pre- determined operation areas as described above) so that all standards can be easily checked by the Food Truck Coordinator , food truck operators, and the community at large; and
• Modernize and consolidate definitions so they are consistent within the LBMC, compliant with State law, and easy to understand. Examples of model definitions are included below, but the City may benefit from cross-referencing to the definitions established by the State to avoid future conflict. • Mobile food truck . Temporarily parked, operable motorized vehicles that function as transportable retail food and beverage facilities, in conjunction with a commissary. Mobile food trucks sell food and beverages to the general public for consumption on or off the premises.

Food and beverages (not including alcohol) may either be pre- packaged or prepared and served from the vehicle or an attached trailer.

Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 14 (This use category does not include ice cream trucks as described in LBMC Chapter 5.51 or vending carts as described in LBMC Section 21.15.3225.) (Also see definition established in Section 113831 of the California Retail Food Code). • Ice cream truck. Temporarily parked, operable motorized vehicles that engage exclusively in the curbside vending or sale of frozen/refrigerated desserts, prepackaged snack foods, or soft drinks.
(No definition established in the California Retail Food Code) • Vending cart. Movable, wheeled, non-motorized vehicles use by vendors for the sale of food or beverage products.
(No definition established in the California Retail Food Code) • Commissary. A food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur:
o Food, containers, or supplies are stored.
o Food is prepared or prepackaged for sale or service at other locations. o Utensils are cleaned.
o Liquid and solid wastes are disposed, or potable water is obtained. (Also see definition established in Section 113751 of the California Retail Food Code) • Food. A raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum. (Also see definition established in Section 113781 of the California Retail Food Code) C.2.d Initiate Robust Engagement and Education Campaign The City should initiate a concerted messaging and education campaign to clarify food truck regulations, restrictions, operating areas, and other considerations. Specific engagement and education materials should be developed in multiple languages and clearly illustrate:
• What a food truck is and how it differs from an ice cream truck or mobile pushcart ; • How community members can submit comments and complaints to the Food Truck Coordinator ; • How food truck operators can receive a permit and operate safely and legally; and • General rules for food truck operation and maintenance.

For examples of handouts and education materials from other communities, see Appendix C.

Attachment A

City of Long Beach Food Truck Program
Administrative Draft Considerations and Recommendations Report | December 2021 | 15 D Conclusion
This Report is intended to assist the City in preparing a fair, effective, and objective Food Truck Program.

The City should leverage the recommendation options stated in this Report to to determine the best course of action for addressing food truck operations in Long Beach. As described above, the recommendation options will be most effective if used collectively, but they may be used separately depending on community feedback and the support of elected and appointed officials. Ultimately, the food truck environment in Long Beach is complex and requires place-based approaches in conjunction with citywide regulations.

Attachment A

MEMO
To: City of Long Beach
From: Lisa Wise Consulting, Inc.

Date: November 1, 2021
Subject: Stakeholder Interview Summary Memo
Introduction
As part of the City of Long Beach (City) Food Truck Program, Lisa Wise Consulting, Inc. (LWC) conducted interviews with key stakeholders involved in or impacted by food truck operations in Long Beach. As part of this effort, LWC conduct ed six virtual stakeholder interview meetings with 15 community stakeholders from October 5–27, 2021 via Webex.

This memo highlights issues and constraints associated with food truck regulation from the perspective of community stakeholders, including food truck operators, Business Improvement District (BID) managers, business/restaurants owner and managers, and representatives from neighborhood associations .

Feedback gathered in these interviews will help inform LWC and the City in the creation of a fair and effective food truck program that is responsive to the concerns of the community members it will impact.

Common Themes
• Food trucks benefit some areas of Long Beach more than others.

Food trucks provide benefits to areas of Long Beach that do not have access to fresh, diverse food options; however, they cause issues in other areas that have many brick -and-mortar food options and immense competition among food truck operators and business owners. • Existing regulations are unclear and are not enforced consistently.

Food truck operators struggle to adhere to regulations when they are difficult to understand and/or vary based on which City department is administering and enforcing them. This decreases the ability for food trucks to operate safely and legally, perpetuating a perception that food trucks operators are uninterested in running a legitimate business. • Unpermitted food trucks can be a nuisance to the community and business owners.

Food trucks that are unpermitted or improperly permitted have caused issues for community members and business owners by inadequately disposing of trash, parking illegally, and not adhering to health code requirements. Food trucks tend to park in highly trafficked areas, causing circulation, safety, and ADA compliance issues.
• Location-based provisions could be a successful solution.

Establishing pre-determined areas for food trucks to park could be beneficial to all parties involved by offering the community more predictability and streamlining City enforcement. Designated food truck locations could include resources such as outdoor dining, restrooms, and trash receptacles, which are supported by food truck operators and patrons.

Appendix A
A-1
Attachment A

Summary of Responses per Question
The LWC team used a standard survey instrument while engaging with stakeholder s. A summary of responses to each question is presented below.

Q1. What is your affiliation with the City of Long Beach? LWC interacted with stakeholders from the following organizations/groups:
o Business Improvement Districts
o Business Associations
o Neighborhood / Community Associations
o Residents / Community Members
o Property Managers
o Restaurant Owners / Operators
o Food Truck Operators

Q2. In your opinion, how do food trucks impact the local community? Please feel free to highlight positive, neutral, and/or negative impacts.

Food truck operators were positive about their interactions with the Long Beach community, noting that they have been warmly welcomed by customers and are consistently busy due to the City’s draw as a tourist destination. Operators claimed to have infrequent interactions Code enforcement officers or representatives from the Police Department unless community members submitted complaints.

Restaurant owners generally think of food trucks as nuisance. Owners tend to be more accepting of food trucks if they are located a block or more away from their storefront, especially if they serve a different type of food.

Representatives of Business Improvement Districts (BID) and Neighborhood Associations had mixed responses. Though food trucks were initially welcomed with excitement, representatives are now more measured in their acceptance depending on their district’s resources, popularity, mix of land uses, and proximity to the coast . Several stakeholders appreciate the way food trucks contribute new culture and cuisines to their neighborhoods and bridge an economic divide for new business owners. Though food trucks can quickly contribute to diversity and afterhours nightlife where it does not exist, their impact on businesses that pay into BIDs has created resentment and demands for clearer regulations. There is clear support for food trucks at temporary events and in specific, designated locations, as they can provide direct access to inexpensive food in a controlled environment.

Q3. What benefits have you (or your business, if applicable) experienced from food trucks/the food truck business model?
Food truck operators felt their business model is effective at flexibly filling market demand by providing a certain food service or cuisine that is otherwise not available in a neighborhood. This flexibility was especially pronounced during the COVID -19 pandemic, when the closure of indoor dining resulted in a large increase in demand for takeout/pickup meals and a pronounced growth in business.

Appendix A
A-2
Attachment A

BID representatives and other stakeholders appreciated the way food trucks provide fresh, convenient food, with some BIDs relying on food trucks to contribute to their neighborhood’s vibrancy and activity. Several representatives discussed interest in balancing how and where food trucks operate, with some expressing interest in food trucks operating in neighborhoods that do not currently have easy access to diverse food options.

Q4. What issues have you (or your business, if applicable) experienced from food trucks/the food truck business model?
Stakeholders cited the following issues when describing food trucks as a nuisance:
- Parking
o Food truck operators will utilize public parking resources without payment. Efforts to collaborate with the City to implement a two- hour parking limit have, in some areas, pushed food trucks to occupy office building (or other private) parking lots. o On weekends and other popular times, certain neighborhoods (e.g., Downtown) will see 10 or more food trucks in one area near brick-and-mortar restaurants. Some trucks park in red zones directly in front of restaurants for long periods of time, sometimes parking other cars nearby to create temporary outdoor eating areas. o Several respondents noted that parking tickets are not currently a strong enough deterrent for preventing bad behavior, with some food trucks treating tickets as a necessary cost to conduct business.
- Enforcement
o Opinions on the efficacy of City enforcement was mixed. Some BID representatives described parking enforcement as “robust,” especially during weekday business hours, but lacking on evenings and weekends when some of the worst problems seem to occur.
o Mixed perception also extended to specific City departments. The Bureau of Environmental Health, part of the Department of Health and Human Services, was praised for effectively enforcing regulations during business hours. Another respondent, however, felt that the Department of Health and Human Services was not effective at enforcement. Many respondents described experiences where information from the City was inconsistent and disorganized, with confusion surrounding which City department/bureau is responsible for enforcing parking regulations. - Waste Management
o M any respondents expressed frustration with the trash, oil, etc. left behind by food trucks along streets and sidewalks where they operate. This was cited as a main reason why food trucks which regularly park in a particular BID should pay the same BID fees as brick-and-mortar businesses.
- Restroom Access
o Respondents noted that food truck employees and customers will often utilize the restrooms of nearby brick -and-mortar commercial spaces or restaurants , contributing to a perception that food truck operators tend to benefit from a system where other property owners and community members are paying for infrastructure that food trucks are utilizing.

Appendix A
A-3
Attachment A

Q5. Are there specific streets, corridors, parking areas, or neighborhoods that you support food trucks conducting business?
The majority of respondents supported establishing pre- determined areas for food trucks to park, citing numerous benefits related to ease of operation, predictability, and enforcement. Many stakeholders agreed that outdoor dining, restrooms, trash receptacles, and other resources could be provided in designated locations for food truck operation, which would ultimately satisfy many of the involved interests. Based on both positive feedback and complaints from respondents, neighborhoods that could benefit from such a solution includes Naples/Belmont Shore/2 nd Street,
Bixby Knolls, Zaferia/East Anaheim Street, and Downtown, among others.

Q6. In your opinion, what are the biggest challenges food truck operators face in running their business safely and legally?
Food truck operators provided the most direct respon ses to this question. They generally felt that their success has been built off working collaboratively with the City and being consistent in their operation in terms of location, quality, and online promotion. From their perspective, the most challenging issues associated with their business model locally are the result of an increase of unpermitted trucks without a fixed location or a relationship with the surrounding neighborhood.

Unpermitted trucks often have less of a stake in the community and tend to ignore rules, which fosters a negative perception of food trucks in the community. However, permit -compliant food trucks have also experienced difficulty with a lack of parking, available parking being only available along busy streets, and unpleasant encounters with nearby businesses calling the police.

Operators want to run their business safely and legally and generally support following existing regulations, as long as they can be understood and enforced consistently. Clear regulations and consistent enforcement are strongly desired to assist them in achieving this goal, paired with accommodation from the City that legitimizes the food truck business model and allows for flexibility in providing food in a safe, efficient manner. As an example, one operator hoped the Department of Health and Human Services would work with food trucks to allow discretion in the enforcement of restroom and handwashing facility requirements.

Other respondents aligned with these sentiments, citing that finding safe, acceptable parking spaces likely was a challenge for food truck operators. Many wanted to see nuisances addressed and common-sense regulations consistently enforced, with greater clarity brought to the permitting process given the current acceptance of both Los Angeles County and City of Long Beach permits.

In responses to other questions, BID representatives expressed a desire to accommodate (and not outright ban) food trucks as long as adjacency standards are established, nuisances addressed, and BIDs are not left to manage the impacts of ‘bad actors’ without support.

Q7. In your opinion, are there any communities (locally or nationally) that have particularly successful or effective food truck programs or regulations? Portland, OR was mentioned as a model city for establishing parking lots where food trucks could congregate that resulted in a very popular and vibrant scene. Also mentioned were other communities outside the state, including Austin, TX; Boise, ID; and Boston, MA. Respondents discussed some n earby communities as well, including Manhattan Beach, Lakewood, Santa Monica, and the City of Los Angeles. Los Angeles was specifically notes for its weekly/daily special ordinance, allowing for quarterly rental payments for one or multiple spaces, a process for working with neighbors, and the allowance of food truck operations in commercial zones by -right.

Q8. Is there anything else you would like to add?
Appendix A
A-4
Attachment A

As a final note, one BID representative wanted to see greater power given to the Police Department to prevent “explicit” criminal behavior. Another specified that Shoreline Ave. should either prevent food trucks entirely or establish specific time limits. Others specified the immense benefits food trucks provide to the community.

Food truck operators closed with confidently stating that their businesses are legitimate aspects of the community and provide a positive presence where they operate, both by meeting customers where they are located and serving healthy, fresh food as an alternative to fast food. One operator stated that they are looking into establishing a storefront in the neighborhood they regularly operate in and would like to participate in the area’s BID despite being rejected from joining previously.

Q9. Can we follow up with you if we have additional questions? All respondents were open to further discussion.

Appendix A
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Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 1 MEMO
To: City of Long Beach
From: Lisa Wise Consulting, Inc.

Date: July 29, 2021
Subject: Departmental Interview Summary Memo

Introduction
Lisa Wise Consulting, Inc. (LWC) is assisting the City of Long Beach (City) in the development of a Food Truck Program. As part of this effort, LWC conducted 10 virtual Departmental Interviews with City staff from July 19-26 via Microsoft Teams. The objective of these interviews was to gain a better understanding of the critical issues affecting food truck operation in Long Beach from the perspective of those departments responsible for regulating them.

This memo outlines 1) the common themes that arose from the Departmental Interviews, highlighting the “inside” perspective gained from City staff, and 2) a summary of specific responses given based on each question.

Common Themes
• Food trucks benefit coastal neighborhoods and special events but pose challenges in certain neighborhoods.

Food trucks provide benefits to the City’s popular coastal neighborhoods and many special events.

They offer quick, convenient, affordable food to a variety of Long Beach residents and visitors.

Food trucks often succeed at activating parking lots with foot traffic and economic activity, collectively benefitting nearby events/businesses and the food trucks operators.

Residential neighborhoods, especially those with parking lots and parks that host special events, sometimes experience unexpected vehicular and pedestrian traffic when food trucks operate. This creates tension among residents, food truck operators, and business owners, particularly owners of brick-and-mortar restaurants and those located in a business improvement district (BID).

Food trucks can induce parking problems by locating in multiple parking spaces typically available for nearby residents, employees, or patrons. This sometimes poses pedestrian safety concerns as food trucks may encroach into the public right-of-way.
• Existing regulations and procedures are unclear and difficult to enforce consistently.

The Municipal Code does not currently present clear, enforceable standards for how to regulate food trucks or resolve conflicts between stakeholders. Some food truck operators struggle to follow and understand City o f Long Beach licensing/permitting requirements as compared to other jurisdictions (e.g., Los Angeles (LA) County) , which can cause health, safety, noise, and waste issues that are difficult for the City to address and track. • City staff resources and capacity could pose challenges.

Due to a lack of clear direction from the Code, City staff often find departmental coordination on enforcement difficult despite good working relationships. City staff struggle to identify a department or party responsible for food truck regulations, and there are concerns that the existing staff does not have capacity to take on the responsibility.

Appendix A
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Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 2 • The City would benefit from an enforceable, trackable Food Truck Program.

There are many opportunities available in a comprehensive Food Truck Program, including identifying geographies or zones designated for food truck operation and creating a clear, trackable permitting structure . Regulations need to be objective and enforceable, with clear internal processes for interdepartmental collaboration and straightforward enough for food truck operators to understand and follow. A new Food Truck Program could also establish a Food Truck Coordinator position responsible for overseeing permitting processes and coordination among City staff, food truck operators, and stakeholder groups.

Summary of Responses per Question
The LWC team used a standard survey instrument while engaging with representatives from each City Department. A summary of responses to each question is presented below.

Q1. With which department are you affiliated?
LWC interacted with representatives from the follow City offices:
o Development Services Department
o Economic Development Department
o Parks, Recreation and Marine
o Office of the City Attorney
o Public Works Department, Transportation Engineering Division (Traffic Bureau) o Department of Health and Human Services, Bureau of Environmental Health o Public Works Department, Project Management Bureau
o Public Works Department, Environmental Services Bureau o Department of Financial Management, Business Services Bureau o City Manager Department, Office of Special Events and Filming

Q2. In your experience, on which streets, corridors, parking areas, or neighborhoods do food trucks tend to conduct business?
Respondents noted that food trucks generally operate in beachfront parking lots, downtown streets, and around commercial districts. Parks that host special events are also an occasional food truck destination, regardless of proximity to the coast.
o Downtown (along Ocean Blvd., Long Beach Blvd. Atlantic Ave., Pine Ave., and in parking lots)
o The Pike Outlets/Shoreline Village (along Shoreline Dr., Pine Ave., and in parking lots) o Bixby Knolls (along Atlantic Ave. and near parks)
o Belmont Shore/Naples (along 2 nd St., Ocean Blvd, and in parking lots, especially by Granada Beach)
o Anaheim Ave. corridor (especially at Magnolia Ave. and heading east) Appendix A
A-7
Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 3 o CSU Long Beach (Atherton St. and the northern border of campus) o Anywhere there are special events (parks, museums, City Council office events, conventions, etc.)

Q3. In your opinion, how do food trucks impact local communities and neighborhoods? Please feel free to highlight positive, neutral, and/or negative impacts.

Overall, most respondents discussed positive imp acts of food trucks, including the economic benefits and vibrancy food trucks bring to special events and streets. Respondents who work in departments that directly interface with food trucks tended to be candid about regulatory/enforcement difficulties.
o Positive
§ Provide an option for customers who want a quick, convenient dining option outside a restaurant setting.
§ Mutually beneficial relationship between food trucks and businesses that invite them, as well as enhancing temporary/special events.
§ Activate parking lots with foot traffic and economic activity. § Help entrepreneurs start a food service business without the overhead and investment of brick -and-mortar restaurants , which provides an accessible business model to immigrants and members of underrepresented communities. o Negative
§ Create tension with established businesses due to perceived competition for the same pool of customers.
§ Seen as “free riders” who benefit from the investments made by businesses into their business improvement districts (BIDs).
§ Contribute to public health violations, including noise, trash, and social distancing concerns.
§ Contribute to parking problems by operating in locations with limited parking (e.g., residential parks) and taking up multiple spaces for the vehicle and its employees and patrons.

Q4. How does your department currently regulate or interact with food trucks? Respondents working in departments that regularly interface with food trucks provided a range of responses. Departments further removed from food truck operations had little to say, or recounted what they had heard from their colleagues.
o Certain City offices are focused on “frontline” enforcement. This includes:
§ Fielding complaint calls focused on health code violations, parking violations, misuse of public parking lots and of the public right-of-way; and § Enforcement actions, including the issuance of citations when a food truck is operating without a business license/health permit, but also in response to complaints and during “sweeps” conducted by the City.
o Other City offices function as “backend” regulators. This includes:

Appendix A
A-8
Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 4 § Conducting plan checks when a food truck operator applies for a business license or health permit;
§ Assisting existing or interested food truck operators with business development, technical assistance, and marketing support;
§ Interpreting regulations if a c omplaint and/or citation is found to be legal ly subjective;
§ Keeping track of business licenses, health permits, and their regular issuance and renewal; and
§ Facilitating the hiring of food trucks for City -sponsored events, as well as coordinating with event promoters during festivals, conventions, etc.

Q5. In your opinion, what is working well with your department’s food truck regulation or interactions in Long Beach?
Current approaches to licensing/permitting food trucks are perceived as functioning well in several departments, especially with food truck operators that responsibly use public infrastructure and the maintenance of proper licensing/certification. Communication protocols and relationships among City departments are currently successful.

Q6. In your opinion, what is not working well with your department’s food truck regulation or interactions in Long Beach?
o Without clarity and consistency in regulations governing food truck operation, many departments no not have the ability to act on complaints, nor do they have effective tools to resolve conflicts between stakeholders (i.e., food truck operators, business owners, BIDs, and residents).
o Since 2011, food truck operation in the City has not required a City health permit and instead can rely on a LA County health permit to be considered legally operating. This has led to over half of permitted food trucks not renewing their City health permit and removing a critical tool for local oversight, with impacts on tracking, enforcement, and the preservation of public health. Furthermore, the LA County Department of Public Health is perceived as having more flexibility than the City’s independent department (e.g., performing checks only once per year, compared to the City’s four annual checks). o Though departments have good working relationships, a lack of clear regulations makes it difficult to collaborate on responses to crucial food truck problems. Furthermore, there is confusion between City departments and between the City departments and public regarding authority and responsibility in regard to oversight and enforcement. o Due to a loss of revenue from required permits, some departments do not feel they have the sufficient funding and capacity to accomplish their expected regulatory roles.

Q7. In your opinion, what are the biggest challenges food truck operators face in running their business safely and legally?
o Food truck operators do not always have the knowledge necessary to understand differing jurisdictional borders, regulations, and expectations (i.e., required licenses/permits, legal areas of operation, which regulations can be enforced and by which authority, etc.).

Appendix A
A-9
Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 5 o Challenges related to the COVID -19 pandemic, especially as they relate to the dynamic nature of public health mandates and the nervousness of customers to return to business as usual.
o Limited access to commissaries and other essential services necessary to running a food truck business safely and efficiently.
o No “one-stop shop” for permitting, licensing, and understanding the variety of regulations food trucks are subject to across the Greater LA region.

Q8. In your opinion, what are the biggest challenges the City may face in establishing a Food Truck Program?
o Education: regulations need to be comprehensible, clearly defined, and easy to convey to the public and City staff.
o Enforcement: regulations need to be objective and enforceable, meaning:
§ D istinct in applicability and purview (e.g., regulating food trucks on specific streets, regulating public right-of-way or private property, etc.); § Clear definition of authority and responsibility of departments/offices; and § Realistic in terms of funding, staff, and capacity to fulfill departmental duties. o Communication: City departments/offices need collaboration tools beyond personal relationships and a unified way to log/track conversations, complaints, etc. (e.g., an internal customer relationship management [CRM] platform)

Q9. What are your ideas for how to best design a Food Truck Program that works for all stakeholders and community members?
o Geography-based approaches
§ Create designated food truck operating areas to streamline regulation and enforcement and provide incentives for operating there (in lieu of focusing on where food trucks cannot operate).
§ Have a plan for food truck-related parking management, especially during special events, depending on density in different parts of the City. o Streamline the City’s licensing/permitting process
§ Limit the number of permit approvals needed and allow improved regulations to function based on limited permits (e.g., the process for obtaining a health permit is all-inclusive).
§ Establish a solid permitting structure and a “one- stop shop” for acquiring licenses/permits necessary to operate a food truck in Long Beach, either in a single department/office or with clear mechanisms for collaboration among departments. § Restore the requirement that food trucks operating in the City must register with the Department of Health and Human Services and reincorporate health code enforcement in the Department’s purview.
o Streamline the City’s enforcement ability
§ Focus on health, safety, and welfare concerns.

Appendix A
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Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 6 § Involve the Office of Equity early to ensure both operators and residents are treated fairly in the face of community/business opposition. § Violations of potential regulations need to be codified and clearly enforceable, with potential escalations for future infringement.
§ Have dedicated staff resources for inspecting and enforcing food truck regulations. o Establish a Food Truck Coordinator position to oversee and implement the above recommendations
§ Coordinator should help department al communication, streamlining regulation/enforcement and ensuring food truck operators receive proactive assistance with business development.
§ Coordinator should create a toolkit to help food truck operators conduct business successfully, especially in regard to temporary/special events. § Coordinator should manage a City website or webpage for clearly communicating regulations and resources to help food trucks operate safely and legally. o Incorporate regulatory best practices illustrated by other, successful departments § City’s Office of Cannabis Oversight provides a “one -stop shop” and point person to navigate the more extensive regulations.
§ City’s outdoor dining program has been successful.

Q10. Is there anything else you would like to add?
o Departmental staff broadly want to see a thriving food truck sector in the City, recognizing the diverse set of customers that food trucks serve; they also want them to serve safe, sanitary food to the community.
o Need to address the perception that parking enforcement is the solution for food truck operation when it is not.
o Most food trucks are based in LA County; needs to be recognized as the City seeks to regulate businesses with such a broad distribution.

Q11. Is there anyone else we should talk to?
o Multiple participants pointed to colleagues at the City that the team had , or was planning to, speak with over the course of the departmental interviews. o Participants encouraged the team to contact several BIDs, as well as the Council of Business Associations (COBA) which all BIDs participate in.

Q12. Can we follow up with you if we have additional questions? o Participants were unanimous in their willingness to continue collaborating with the team throughout the project.

Appendix A
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Attachment A

983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 1 MEMO
To: City of Long Beach
From: Lisa Wise Consulting, Inc.

Date: November 2021
Subject: Long Beach Municipal Code Audit Summary Memo
Introduction
As part of the City of Long Beach (City) Food Truck Program, Lisa Wise Consulting , Inc. (LWC) is conducting an audit of the Long Beach Municipal Code (LBMC). The purpose of the audit is to identify key challenges in the LBMC as they relate to food trucks (i.e., mobile food facilities), including issues with zoning and land use controls, parking regulations, public right of way issues, licensing, public health and sanitation, noise, and other issues as indicated by research. The LBMC audit memo includes chapters and sections of the LBMC that address food trucks/mobile food facilities in adequate or inadequate ways, as well as chapters and sections that typically would address food trucks/mobile food facilities but remain silent. This audit focuses particularly on food trucks, but it does address ice cream trucks and push carts where relevant and appropriate based on the definition of mob ile food facilities. These are distinct from non-motorized sidewalk vending which is regulated by the California Safe Sidewalk Vending Act (SB 946).

Executive Summary
The LBMC is deficient in addressing mobile food facilities in a consistent, objective manner. Where mobile food facilities are addressed, some LBMC provisions are inconsistent with State and federal law, particularly related to health and safety codes and State vehicle code. The lack of specific land use controls, permits, parking regulations, and performance standards lead to an unclear regulatory framework with subjective and inconsistent administration and implementation. Food trucks, cart-based vendors, and ice cream trucks are often muddled, with provisions applying to some nuanced types of vending and not others. Without objective requirements and standards for mobile food facilities, the City will continue to have an inadequate set of regulations that may result in inconsistent and inequitable enforcement.

LBMC Audit
Zoning and Land Use
Title 21, the Zoning Code of the LBMC, has 34 chapters. Each chapter is divided into sections and subsections, and in some instances is further organized into divisions. Chapter 21.30 (District Established) establishes 39 unique use-based base zoning districts. The following seven chapters (21.31-21.36) specify permitted uses, development standards, and site plan review policies for each base zoning district. The Zoning Code includes over 130 land use that are organized in a variety of categories, including residential, Appendix B
B-1
Attachment A

983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 2 commercial, automobile (vehicle), entertainment, public and semi -public, institutional, personal services, retail services, and others. The Zoning Code currently permits “mobile food trucks” as a temporary business which sells food only at construction sites at the time when construction workers are on the site. References to food trucks in Title 21 are limited to:
• A definition in Chapter 21.15 (Definitions) (see below), specifically Section 21.15.1765 (Mobile food truck);
• Listing as a permitted temporary use in all Neighborhood, Community, Regional, and Other commercial districts in Chapter 21.32 (Commercial Districts), specifically Table 32 -1 (Uses In All Other Commercial Zoning Districts); and
• Listing as a specific temporary use in Chapter 21.53 (Temporary Uses), specifically Section

21.53.106 (Mobile food truck).

Parking
Chapter 21.41 (Off-Street Parking and Loading Requirements) of Title 21 (Zoning) includes three divisions (General Provisions, Parking Regulations, and Loading Regulations). Division II establishes parking requirements for a variety of uses, including residential; retail, ready to eat restaurant and personal services uses or stores; automobile/motor vehicle; office; restaurants and bars; alcoholic beverage manufacturing and accessory tasting room; public assembly; recreation; and industrial/manufacturing. Division II also outlines parking requirements for uses not otherwise specified, for large shopping centers and for the City’s Neighborhood Pedestrian (CNP) District. Division III of Chapter 21.41 details the City’s loading regulations.

The specific uses outlined in this section are: daycare, elementary school; hotel; manufacturing, packing, assembly, warehousing; medical or dental office, hospital; public assembly; retail, service or office commercial; supermarket, grocery, drug, variety, department, furniture, hardware or appliance store, or shopping center. Neither Division II nor Division III lists food trucks/mobile food facilities as a use with dedicated parking and food trucks/mobile food facilities are not otherwise addressed in this chapter in any way.

Public Right of Way
Title 10, the Vehicles and Traffic Code of the LBMC, has 42 chapters that generally address vehicular traffic control, traffic violations, parking restrictions and regulations, and provisions on the use of modes of transportation other than automobiles (i.e., bicycles and skateboards).

Chapter 10.22 (Parking – Regulations) of Title 10 (Vehicles and Traffic) establishes basic vehicular provisions related to stopping, standing, and parking. Section 10.22.090 (Mobile Vendor Parking Prohibited Area) mentions that “No driver or operator of any mobile vending vehicle shall stop, stand or park, for the purpose of offering any food or goods for sale, in any public street or place within the parking impacted area;” however, the parking impacted area covers several corridors and neighborhoods that have been defined by stakeholders as places where food trucks frequently operate (e.g., East 2 nd Street, East Anaheim
Street, etc.). The existing operating practices are misaligned with the Code provisions, which indicates that the Code provisions may be outdated and/or the enforcement of the provisions is ineffective.

Section 10.22.090 (Mobile Vendor Parking Prohibited Area) is the only section in Chapter 10.22 to detail provisions specific to mobile vendors. However, other sections within the chapter outline provisions that may universally apply to mobile vendors but are not otherwise stated as doing so. For example, Section

10.22.120 outlines temporary parking restrictions. According to this section, “NO PARKING” signs are to Appendix B
B-2
Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 3 be erected on any portion of any street wherein the use of said portion is necessary for “repair, construction, the installation of underground utilitie s, or where the use of the street or any portion thereof has been lawfully authorized for a purpose other than the normal flow of traffic…” . The provisions outlined in this section could potentially impact mobile vendors’ ability to operate in the right of way if the City chose to include food trucks in the enforcement of these provisions. Should mobile food facilities be authorized as a lawful purpose other than the normal flow of traffic, “NO PARKING” signage would be erected to designate on-street parking for mobile vendors, such as food trucks.

Licensing
Title 5, Regulation of Businesses, Trades and Professions, identifies those businesses, trades and professions conducted in the City that require local regulation in order to promote and p rotect the public health, safety, and welfare of Long Beach and its citizens. Chapter 5.37 (Mobile Food Preparation Vehicles) establishes permitting requirements and standards for operating conditions within mobile food preparation vehicles, which is an outdate d term that has been redefined in the State Health and Safety Code. The requirements and standards detailed in this chapter are applicable to all mobile food vending operations within the City, including where and when mobile food preparation vehicles may operate, the manner in which operators must dispose of trash and other waste, the noise limit provisions operators must abide by, and the way in which equipment is stored and operations conducted.

This Chapter establishes the most robust set of requirements for mobile food facilities in the LBMC. While this Title, in conjunction with Title 8 (see below), clarify the provisions necessary for receiving a permit , many of the operating conditions required in Section 5.37.140 (Operating Conditions) must be enforced after the permit is received. Without a clear department or City staff member designated to ensure operating conditions are adhered to, the utility of the requirements diminishes. The State Health and Safety Code establishes that an enforcement agency must require a Health Permit for all food facilities operating in a given jurisdiction, including mobile food facilities. The City of Long Beach Department of Health and Human Services, Bureau of Environmental Health is the local enforcement agency for the Health and Safety Code in Long Beach.

Public Health and Sanitation
Title 8, the Health and Safety Code of the LBMC, has 48 chapters that generally address health and safety requirements for individuals and establishments (i .e., food facilities). The health and safety requirements pertaining to food sale regulations; mobile food vending vehicles; food facilities; disposal of fats, oils and grease; polystyrene food packaging; and noise impact a mobile vendor’s ability to operate in the City. The California Retail Food Code provides some limitations on what can be addressed in local municipal codes.

Chapter 8.40 (Mobile Food Vending Vehicles) establishes health and safety provisions pertaining to the construction of mobile food vending vehicles as well as requirements for food packaging, preparation and distribution of beverages, dating of food, operation of heating appliances, refrigeration of food stuffs, storage of ice, waste disposal, and permitting for mobile food vending. Failure to abide by the provisions and requirements set forth in this chapter will prohibit mobile food vendors from obtaining the proper licensure and permitting required to operate a mobile food vending vehicle in Long Beach. Additional chapters of Title 8 establish health and safety provisions that will impact how food trucks operate. Chapter 8.45 (Food Facility) outlines health and safety guidelines for “food facilities” including commissaries, food establishments, mobile food preparation units, mobile food vehicles, restricted food service transient Appendix B
B-3
Attachment A

983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 4 occupancy establishment, and stationary mobile food preparation units. As it is defined in Section 8.45.010, food trucks fall into one of two categories of food facilities, depending on the scope of their operations: (1) “mobile food preparation units” or any mobile food facility or portable food service unit upon which food is prepared for service, sale, or distribution at retail and (2) “mobile food vehicles” or any vehicle from which prepackaged or approved unpackaged foods are sold or offered for sale at the retail level excluding vehicles from which only ice cream or produce are sold or offered for sale. Both types of facilities are subject to inspection by the Department of Health and Human Services.

Chapter 8.46 (Disposal of Fats, Oils and Grease) also establishes health and safety provisions that will likely impact the operations of food trucks in Long Beach. According to Section 8.46.010, “any food facility that discharges wastewater into the public sewer system shall comply” with certain requirements pertaining to the disposal of fats, oils, and grease. Additional provisions that impact food truck operations are established in Chapter 8.63 (Polystyrene Food Packaging). Chapter 8.63 establishes regulations for the use of polystyrene food packaging by food providers, but there is some discrepancy related to whether food trucks are designated as “food providers” or “small food providers .” See Definitions (below) for more information.

Title 8 does not include any regulation related to the provision of bathroom access for mobile food facilities.

Chapter 10 (Mobile Food Facilities) of the California Retail Food Code states that “a food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the enforcement agency, to ensure that restroom facilities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one - hour period.” As it stands now, the City is relying on State regulations to require bathroom access to ensure uniform standards are adhered to. It could be beneficial to state in the municipal code that all mobile food facilities must follow State Health and Safety Code requirements in order to clarify the applicability of the provisions.

Noise and Other Nuisances
Chapter 8.80 (Noise) outlines rules and regulations for controlling unnecessary, excessive noise and vibration in Long Beach. Section 8.80.160 details the exterior noise limits pertaining to offensive noises and steady audible tones such as whines, screeches, or hums; repetitive noises such as hammering or riveting; and music or speech conveying informational content. The standards set forth in Section 8.80.160, Table A (Exterior Noise Limits) establish permissible noise levels by dBA in receiving land use districts by hour.

The provisions as stated in this section may impact a food truck’s ability to operate during certain times of day depending on the nature and level of noise they emit and the district in which they operate ; however, the applicability of these limitations related to food trucks is not expressly clear. Chapter 8 is generally compliant with State law and is enforced through the City’s Proctor Office.

In addition to Chapter 8, LBMC Chapters 5 and 9 also impact food trucks. Chapter 5 includes noise and nuisance requirements and additional language that apply generally. Enforcement of these provisions is completed through Business License. Chapter 9 includes broad requirements that can be enforced through the Police Department.

Streets and Sidewalks
Title 1, Streets and Sidewalks, details rules and regulations pertaining to the use of streets and sidewalks in Long Beach. Chapter 14.04 (Obstruction of Streets and Sidewalks) establishes provisions for the Appendix B
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Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 5 obstruction of free passage stating that, “no person shall congregate upon or use any street, alley, pier, or park in such a manner as to obstruct the free use of all or any part of said street, alley, pier or park.” Food truck operations may be impacted by this provision.

Definitions
The LBMC establishes definitions that relate to or address food trucks in several sections. The table on the following pages provides the most relevant definitions and a description of relevancy.

LBMC
Section
Term Definition Relevancy

5.37.110 Mobile food
preparation
vehicle
Any vehicle, including an unhitched trailer, upon which ready- to-eat food is prepared, cooked, wrapped, packaged, or
portioned for service, sale or distribution. The term "mobile food preparation vehicle" shall not include "retail food vehicles." This definition is the most
closely related to food
trucks in the LBMC. This
definition may also be
intended to apply to
catering trucks.

5.66.010 Retail food
vehicle
A vehicle that sells or offers for sale food products including, but not limited to, ice cream, bakery goods, fish, meat, fruits, vegetables and milk. Retail food vehicle does not include vehicle from which food is prepared and sold.

This definition pertains to
ice cream trucks and other
similar vendors who do not
prepare food on-site.

5.51.010 Ice cream
truck
A motor vehicle engaged in the curbside vending or sale of food.

This definition directly
pertains to ice cream trucks.

5.51.010 Food Frozen refrigerated desserts, confections or novelties commonly known as ice cream, prepackaged candies,
prepackaged snack foods or soft drinks, primarily intended for sale to children under twelve (12) years of age.

This definition directly
pertains to how “food” is
defined for ice cream
trucks.

8.63.020 Food
provider
Any person or place, other than a "Small Food Provider," that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away
consumption. "Food Provider" includes but is not limited to: (1) a grocery store, supermarket, restaurant, drive-thru, cafe, coffee shop, snack shop, public food market, farmers market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take-away
consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. "Food Provider" also includes any Franchise restaurant, drive-thru, café, coffee-shop or the like. "Food Provider" also includes any organization, group or individual that regularly provides prepared food to its members or the general public as a part of its activities or services.
“Food truck” is stated in the
definition.

Appendix B
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Attachment A

983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 6 LBMC
Section
Term Definition Relevancy

8.63.020 Small food
provider
A person or place that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away consumption, seating one hundred (100) or fewer persons.

Food trucks do not typically
include seating for 100 or
more persons, so this
definition is relevant.

21.15.1765 Mobile food
truck
A food truck selling prepared foods and is permitted only at construction sites at the time when construction workers are on the site.

A second definition for
“mobile food trucks” which
includes regulatory
language regarding
permitted locations. This
definition is inconsistent
with the preceding definition
in Title 5.

21.15.3005 Temporary
activating
uses
Intended to provide a community benefit, encourage street activation, and reduce visual blight associated with vacant lots, as defined in Chapter 18.29, on a temporary basis and can include sporadic special events, such as cultural and
community events, or temporary retail or services uses, such as bike kitchens. Temporary activating uses are proposed by community-based public or private organizations that improve and enhance the social or economic welfare and quality of life of the residents of Long Beach, and provide a service to City residents, including, but not limited to, faith-based
organizations, local non-profit organizations or associations, Business Improvement Districts (BIDs), and organizations that have entered into a contract or agreement with the City to provide specific services or outreach, as determined by the Zoning Administrator.

Food trucks are frequently
utilized at temporary special
events to provide a
community benefit and
encourage street activation.

Food trucks have the
potential to be included in
this definition and/or their
relationship to this definition
should be anticipated.

21.15.3225 Vending
cart
Any wagon, cart, or similar wheeled container, which is not a "vehicle" as defined in the Vehicle Code of the State of California, from which food, beverage, or other consumable product is offered for sale to the public.

This definition is distinct and
different than food trucks
but could be confused with
food trucks/mobile food
facilities considering the
nuances of other definitions.

Appendix B
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Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 1 MEMO
To: City of Long Beach
From: Lisa Wise Consulting, Inc.

Date: December 2021
Subject: Case Study Research Memo

1. Introduction
In the past decade, economic and cultural trends have led to the increasing popularity of food trucks across the United States. Food trucks (also called “mobile food vehicles,” “mobile vending facilities,” etc.) are often recognized for their contribution to community economic development, entrepreneurship, expanding food access, and adding vibrancy to streetscapes. However, as communities have turned to their zoning or municipal codes to provide guidance on permitting procedures, parking standards , nuisances, and more, they have found food trucks are often inadequately regulated. Many communities have revised their municipal codes to address food truck operations on public and private property. A number of best practices have emerged that can guide jurisdic tions as they tailor their ordinances to accommodate the growing popularity of food trucks while respecting neighboring businesses and residents.

As part of the City of Long Beach (City) Food Truck Program, Lisa Wise Consulting, Inc. (LWC) has conducted targeted research into food truck programs in comparable case study jurisdictions as Task 4 of the project’s Scope of Work. The analysis conducted o n each case study includes an evaluation of regulatory characteristics, including parking restrictions, permitting processes, performance standards, etc.

The findings of the Case Study Research Memo (Memo) will be combined with the findings of Tasks 1-3 to inform LWC’s recommendations for a comprehensive Food Truck Program as part of Task 5, Considerations and Recommendations Report.

Appendix C
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983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 2

2. Executive Summary
Table 2.1 provides a summary comparison across the four case study jurisdictions: San Diego, CA; Portland, OR; Austin, TX; and Denver, CO. These jurisdictions are relevant to Long Beach because of their size, structure and scope of food truck challenges and approaches. A detailed discussion of each case study’s food truck regulations can be found in the following Section along with supplemental information and considerations from three other California communities: Los Angeles, Pasadena, and Berkeley.

Table 2.1 Food Truck Program Case Study Summary
San Diego, CA
Pop. 1,386,932
Portland, OR
Pop. 961,503
Austin, TX
Pop. 961,855
Denver, CO
Pop. 715,522
Zoning and
land use
controls
Public ROW
Allowed in many
zones w/o use
permit; prohibited
downtown and along
coast
Allowed w/ use permit
in most zones Allowed w/ use
permit in all
commercial/
industrial
zones, with
exceptions for
office-focused
zones
Allowed w/ use
permit in all zones
(for <30 min.),
except residential
Private property
Allowed w/ use
permit in all industrial
zones; limited in
several residential
and all commercial,
mixed-use zones
Limited w/o use permit
to few residential;
certain commercial,
mixed-use, industrial;
all employment and
campus institutional
zones
Allowed w/ use
permit in all mixed-
use commercial,
several industrial/
recreational open
space zones
Distance separation
requirements
Required distance
from residential,
schools,
intersections, transit
Required distance
from intersections,
property lines, building
entrances, restaurants
(w/o consent)
Required
distance from
mixed-use,
restaurants,
residential
Required distance
from restaurants,
other food trucks,
residential,
intersections, parks
Sanitation/bathroom
requirements
Required >1 hour (w/
consent of owner)
Required >2 hours (w/
consent of owner)
Required >2
hours (w/
consent of
owner)
Not required
Licensing
standards
and time
allowances
Required
permits/licenses
Business, Health,
use permit
Business, Health, Fire,
use permit (in public
ROW)
Business,
Health, public
ROW [permit]
Business, Fire
Time limits No universal time
limits
Limited to 6am-11pm
in commercial
residential zones; 10
minutes adjacent to
residential zones
Strict
prohibition for
3am-6am;
Varies in other
cases based on
proximity to
certain uses
Limited to 4
consecutive hours,
8am-9pm;
Broad allowances
for <30 mins
Each jurisdiction approaches food truck regulation differently based on unique circumstances and objectives, and some are continuing to explore methods to improve their regulatory approach to permitting, licensing, and enforcement. Clear and simple regulations are often most efficient to administer and enforce, but food truck regulation can become complicated when balancing the concerns of food truck operators, brick-and-mortar business owners, community groups, and residents. The following case studies provide insight on potential regulatory strategies the City may consider.

Appendix C
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Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 3

3. Case Studies

3.1 San Diego, CA
The City of San Diego first adopted use regulations for mobile food trucks1 in 2014 (henceforth referred to as “food trucks” for consistency). According to a report to the San Diego Planning Commission that year, these regulations were the product of conditions similar to those Long Beach is currently experiencing, including frustrations regarding existing code provisions and a subsequent public engagement process.

Since then, the regulations in the San Diego Municipal Code (SDMC) have been amended twice (2018 and 2020) with no change to permitting procedures. This tentatively ind icates that San Diego’s approach, as established in 2014, has been broadly acceptable to
stakeholders (see SDMC §141.0612).

San Diego is generally permissive rela ted to the location in which food trucks are permitted to operate, allowing them without a Mobile Food Truck Permit on private property in industrial zones and on certain institutional properties (e.g., schools) with the written consent of the owner. Howev er, a permit is required in commercial, residential, and other zones, and the operation of food trucks in the public right-of- way of many downtown locations is prohibited. These and other regulations are summarized in the subsections below.

3.1.1 Zoning and land use controls
Food trucks in San Diego may operate without a use-specific Development Services Department (DSD) permit in the
following locations:
• Within the public right-of-way;
• In industrial or commercial office zones;
• On the property of a school, university, hospital, or religious facility (with written consent);
• In higher-density residential zones in an association with a multi -unit development (>16 units and with
written consent);
• At active construction sites; and
• Catering a private event.

1 For consistency, the term “food trucks” will be used throughout this memo. The unique name each jurisdiction uses for this use will be mentioned in the section introduction, but then only used in reference to specific permits, definitions, etc.

FIGURE 3.1.1 – CITY OF SAN DIEGO,

PARKING IMPACT OVERLAY ZONE

Source: City of San Diego
Appendix C
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Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 4 Food trucks are not permitted in the public right -of-way within the Parking Impact Overlay Zone, which is designed to: 1) identify areas of high parking demand for specific coastal and University of California San Diego campus areas, and 2) increase off-street parking requirements to meet the additional demand (see Figure 3.1.1). The Parking Overlay Zone is relevant to both residential and commercial land uses and provides for specialized parking and development regulations.

A DSD permit is required for food truck operations on private property not covered by the above exemptions. This includes a majority of downtown areas, provided operation occurs on a surface parking lot and is approved by Civic San Diego, a city-owned nonprofit corporation. Furthermore, food trucks are not permitted to operate in specific downtown areas, including the Gaslamp Quarter Planned District and the Little Italy Neighborhood NC Zone. In Planned Districts, food trucks may be permitted in accordance with the citywide zone that most closely meets the purpose and intent of the applicable planned district zone in terms of permitted uses and intensity of those uses.

Table 3.1.1 – Mobile Food Truck Permitting by Base Zoning District in San Diego, CA Base Zone Open
Space Agricultural Residential Commercial Industrial Mixed- Use
Permitted (P) – – – – IP, IL, IH, IS,
IBT –
Permitted (L) OP AR RM-2, RM-3, RM-4,
RM-5

CN, CR, CO, CV, CP,
CC – RMX,
EMX
Not
Permitted

OC, OR,
OF AG RE, RS, RX, RT, RM-1 – – –
P = Use or use category is permitted.

L = Use is permitted with limitations, which may include location limitations or the requirement for a use or development permit. – = Not permitted.

Source: City of San Diego Municipal Code, Chapter 13 ( Zones)

3.1.2 Definitions
The following relevant definitions are established in the San Diego Zoning Code. • Mobile food trucks are temporarily parked, operable motorized vehicles that function as transportable retail food and beverage facilities that move daily. This use category includes mobile food trucks that provide sales to the general public of food and beverage (pre-packaged or prepared and served from the vehicle or an attached trailer) for consumption on or off of the premises. They are health regulated businesses subject to Chapter 4, Article 2, Division 1. This use category does not include pushcarts as described in Section 141.0619, farmers' markets as described in Section 141.0503, or off-site food and beverage delivery services. • Oversized vehicle means any vehicle, including an y attached trailers, vehicles or loads thereon, that exceeds 27 feet in length and 7 feet in height.

3.1.3 Distance separation requirements
San Diego does not enforce broad regulations regarding distance separation requirements for food trucks but does restrict their operation in specific circumstances. These include prohibitions on the following:
• In all zones:

Appendix C
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Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 5 o Operation within 300 feet of a dwelling unit, except between 6am and 10pm (Sunday through Thursday) and between 6am and 11pm (Friday and Saturday) • In the public right-of-way:
o Operation within 500 feet of any kindergarten through 12th grade school between 7am and 11pm on regular school days
o Operation within 25 feet of a street intersection with a crosswalk, traffic light, or stop sign o Operation within 25 feet of a bus or trolley stop
o If a food truck constitutes an oversized vehicle:
§ Parking on any public street or parking lot between 2am and 6am § Parking within 50 feet of the intersection of public streets at any time o Operation within 500 feet of a permitted Special Event on public property while such event is in progress (unless the food truck has written authorization from the Event Organizer or a Special Event Permit
Food trucks are permitted one temporary round sign with a maximum display area of six square feet and a
maximum of two standing tables and a shade canopy
with maximum dimensions of 10 feet by 10 feet. Both
signs and furniture must be located entirely on pr ivate property. If operating in the public right -of-way, no
equipment or furniture may encroach onto a public
sidewalk except required trash and recycling
receptacles.

Food trucks operating on private property shall not
occupy more than 25 percent of the p remises and only
within a paved, level parking area, specifically a
minimum paved area of 35 feet by 15 feet for standard
size food trucks and 70 feet by 15 feet for oversized
vehicles.

3.1.4 Sanitation/bathroom requirements
The County’s application for a Public Health Permit
specific requires food trucks to submit both a
Commissary Agreement Letter and Toilet Facility Letter
pursuant to California Retail Food Code (CRFC) Chapter
10 (Mobile Food Facilities). However, neither the City nor County codes explicitly mention this requirement.

On a separate document provided by the Department of Environmental Health (“Mobile Food Facility Location of Operation Information”), applicants are required to provide the name, permit number, and address of the commissary they are operating in conjunction with. They must also submit the name, signature, address, and contact information of a Toilet Facility Owner if the food truck intends to stop at one location for longer than one hour. This toilet facility permission letter must be renewed annually.

Food Trucks in Pasadena, CA
The City of Pasadena regulates food trucks
in a manner similar to San Diego and other
California cities subject to the Health &
Safety Code. Notable components include:
• Pasadena incorporates the Health &
Safety Code by reference at the
beginning of their food truck regulations.
• “Mobile food vehicle” includes ice cream
vehicles, industrial lunch vehicles, retail
produce trucks, and food prep vehicles.
• Use-specific regulations for food trucks
are very limited. In fact, no zoning or
land use regulations prevent their
operation – as long as they operate
between 8am to 6pm for no more than
60 minutes.
• If remaining in one location for more
than 60 minutes, food truck become
reclassified as “limited take-out.”

Appendix C
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Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 6 Regarding waste management, San Diego requires the provision of one trash receptacle and one recycling receptacle for use by patrons in a “convenient location” that does not impede pedestrian or vehicle traffic.

Food trucks are responsible for collection and removal of all litter or debris generation with a minimum 25- foot radius.

3.1.5 Licensing standards and time allowances
The process to becoming a legally-compliant food truck in San Diego begins with obtaining a Health Permit from the County of San Diego Department of Environmental Services. The Department is the local enforcement agency for the CRFC, which provides statewide health and sanitation standards for retail food facilities and empowers counties to establish local requirements pursuant to this role (see San Diego County Code of Regulatory Ordinances §61.112). Concurrently, food trucks must also maintain a valid business tax certificate issued by the City Treasurer. If operating in the public right-of-way or in other locations listed above in Section 3.1.1 (Zoning and land use controls), the only remaining requirement is the maintenance of a liability insurance policy of at least $1,000,000 that names the city as an additional insured.

If operating on private property outside exempt locations/zones (such as in industrial zones or at schools and in stitutions), food trucks must complete the additional step of obtaining a Mobile Food Truck Permit issued by the DSD. Property owners must also obtain a Mobile Food Truck Permit for all food truck operations on their premises, though one permit may cover multiple trucks. Both food truck operators and hosts must ensure operations are conducted in accordance with local regulations.

The Director of Development Services (or their designee) is responsible for approving applications for a Mobile Food Truck Permit. The application requires both a Vicinity Map and Site Plan and limits a food truck’s operation to only the private property indicated on the application. The Site Map is also where, as mentioned in Section 3.1.1 (Zoning and land use controls), Civic San Diego is required to provide an approval stamp if operating on private property in downtown areas. See Figure 3.1.2.

Additional permits that may be required include a Special Events Permit (issued by the Special Events Director) for any food truck whose operations would result in the assembly of 75 or more people on public property. A Temporary Use Permit may be requested for a seasonal or limited time event in a location food truck operations would not otherwise be permitted per the underlying zone, with a maximum of two such events per year. A Neighborhood Use Permit may be requested for approval to deviate from the standard food truck regulations outlined above.

FIGURE 3.1.2 – CITY OF SAN

DIEGO, TYPICAL SITE PLAN

AND VICINITY MAP PLAN
Source: City of San Diego
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3.2 Portland, OR
The City of Portland is home to a robust and active food truck industry that is well recognized nationally.

Portland’s regulatory approach is ultimately similar to other cities. Portland regulates vending carts not as a specific use, but one of many uses covered by a broader Retails Sales category. Compared to other case study jurisdictions, it also possesses some of the most detailed vehicle -focused standards, regulating all retail vehicles by vehicle type and zone, as well as requiring detailed isometric drawings as part of the permitting process (see Figure 3.2.1). Portland also facilitates collaborative relationships between food trucks and brick-and-mortar businesses, requiring food truck operators to proactively request permission to park near existing storefronts and/or utilize their restroom facilities by providing standard forms to do so as part of the permitting process.

3.2.1 Zoning and land use controls
Food trucks in Portland are not designated as a distinct use type. Instead, they are included under the general Retail Sales and Service Uses designation and are regulated according to whether any retail sales are allowed in specific zones (see Portland City Code §33.920.250). Otherwise, food trucks operating on private property do not require a use-specific Sidewalk Vending Carts Permit as they do in the public right- of-way. See Table 3.2.1 for more information.

Table 3.2.1 – Vending Cart Permitting by Base Zoning District in Portland, OR Base Zone Retail Sales and Service Uses allowed?
Residential (R) No, except in RH and RX as new floor area within a multi-dwelling development Commercial/Mixed-Use
(C)
Yes – CM2, CM3, CE, CX
Limited – CR, CM1 (subject to limitations on square footage and hours of operation) Employment (E) Yes – all zones
Industrial (I) Limited – all zones (subject to limitations on number of retail uses on a site) Campus Institutional (CI)
Yes – CI2
Limited – C1 (limitations on square footage), IR (allowed as an accessory use if approved)
Source: City of Portland City Code, Title 33 ( Planning and Zoning) To operate in the public right- of-way, Portland food trucks must acquire a Sidewalk Vending Cart Permit from the Portland Bureau of Transportation (PBOT). This per mit requires food trucks to specify their proposed area of operation and meet other requirements, as described in Section 3.2.5 (Licensing standards and time allowances). If those requirements are met, food trucks are allowed to operate on any public sidewalk that is 10 feet or more in width in Commercial zones citywide.

Food trucks in Portland are also regulated based on their vehicle type, with broader allowances for smaller Utility Trailers and more stringent limitations for larger Heavy Trucks. For description of each vehicle type, see Section 3.2.2 (Definitions). The zoning allowances by vehicle type are listed in Table 3.2.2.

Appendix C
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983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 8 Table 3.2.2 – Vending Cart Permitting by Vehicle Type in Portland, OR Vehicle Type
Base Zone
Commercial/Mixed-Use (C) Employment (E) Industrial (I) Campus Institutional (CI) Utility Trailer P P P P
Light Truck P P P P
Medium Truck CE/CM3 only P P CI2 only
Heavy Truck – EG1/EG2 only P –
P = Permitted vehicle.
– = Not permitted.

Source: City of Portland City Code, Title 33 ( Planning and Zoning)

3.2.2 Definitions
The following relevant definitions are established in the Portland Zoning Code:
• Mobile food units [Multnomah County] - A mobile food unit is defined as “…any vehicle that is self- propelled, or which can be pushed or pulled down a sidewalk, street or highway, on which food is prepared, processed or converted, or which is used in selling and dispensing food to the ultimate consumer.”
o Class I: These units can sell only intact prep ackaged foods and dispense non-perishable beverages. No dispensed ice is allowed. No preparation or assembly of food items is allowed.
o Class II: These units may dispense unpackaged foods. However, no cooking, preparation or assembly of foods is allowed on the unit.
o Class III: These units may cook, prepare, and assemble food items. However, no raw-to- finish cooking of animal foods is allowed on the unit. (Pasteurized eggs acceptable) o Class IV: These units may serve a full menu.
• Vending cart [City of Portland]
o Retail Sales and Service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment or provide product repair or services for consumer and business goods. o Types of vehicles:
§ Utility Trailers: pulled by a motor vehicle, 16 ft. or less in length § Light Trucks: single rear axle, single rear wheels
§ Medium Trucks: single rear axle, dual rear wheels
§ Heavy Trucks: two or more rear axles, longer than 16 ft. o Types of vending carts:
§ Mobile vending carts: No specific definition, but defined and regulated by their size (e.g., Utility Trailer vs. Heavy Truck).
§ Fixed vending carts: Vending carts of any length that have had the wheels removed.

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983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 9 § Drive-through vending carts: A food truck designed to allow drivers to remain in their vehicles to order and receive food and beverages. § Vending cart pods: No specific definition, but understood to be a site containing one or more food carts and associated amenities on private property. o Special events mean an event specifically approved by an individual ordinance or permit granting use of street and sidewalk areas within a specifically defined area for a period of time not exceeding 10 days to a community-based organization.

3.2.3 Distance separation requirements
Portland enforces distance separation requirements only for food trucks operating in the public right-of-way (see Portland City Code §17.26.125). These include prohibitions on the following:
• Operation within 10 feet of the intersection of the sidewalk with any other sidewalk (may be waived for extra-width sidewalks at the discretion of the City Engineer); • Operation within eight feet of an adjacent property line; • Operation within 10 feet of the extension of any building entrance or doorway to the curb closest to the property line;
• Operation within 10 feet of any handicapped parking space or access ramp; and • Operation within 100 feet of a restaurant, fruit and vegetable market, or flower vendor with direct access to the sidewalk on the same block (may be waived with a Letter of Consent signed by the proprietor of a nearby business at the discretion of the City Engineer).

More generally, food trucks are permitted temporary signs or menu boards up to a total of four square feet.

Umbrellas or canopies are allowed but may not exceed 40 square feet in area.

3.2.4 Sanitation/bathroom requirements
As mentioned in Section 3.2.2 (Definitions), the Multnomah County Health Department (MCHD) classifies food trucks as Class I, II, III, or IV. All classes are required to operate within one-quarter mile or five-minute walking distance of a designated restroom. Food trucks which do not stop at a fixed location for more than two hours during the workday are exempt. Authorization to use restroom facilities, including the name and signature of the person authorizing such facilities, is required as p art of a Mobile Food Unit Restroom Requirement Form. Local regulations do not otherwise mention this requirement.

The County also requires a Commissary Service Verification form, pursuant to state regulation requiring licensed food vending businesses to operate from a licensed commissary, warehouse, or other license food service facility. An exception exists for food trucks with a three-compartment sink or dishwasher. Lastly, the County requires the completion of a Wastewater Disposal Form, identifying the location and address of the wastewater disposal site or, if using the services of a sewage/wastewater pumper, provide their name, signature, and Oregon Department of Environmental Quality licensing number.

Portland requires food trucks operating in the public right-of-way to provide trash and/or recycling containers and to pick up any litter within 25 feet of where they operate.

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3.2.5 Licensing standards and time allowances
As a first step, a ll food trucks in Portland are required to obtain a Health Certificate from the MCHD. The application for a Health Certificate includes the restroom, commissary, and waste disposal forms mentioned in Section 3.2.4
(Sanitation/bathroom requirements), as well as a Plan
Review Worksheet and Itinerary and Operating Schedule.
(For reference, these County requirements may be
accessed here.)
Portland requires further permits and certifications
depending on intended location. For food trucks operating on private property, the only additional requirements are a Business License and a permit from Portland Fire and
Rescue if the truck uses propane bottles of greater than 17 ounces in volume.

To operate in the public right-of-way, a Sidewalk Vending Cart Permit from PBOT is required for each food truck.

Beyond basic identifying information, this form requires a specified permit operating area, Letter(s) of Consent from adjacent property owners, a Site Plan, and a color
isometric drawing of at least two views of the food truck. In addition, the food truck operator must submit a certificate of insurance, their business license information, a copy of their Health Certificate, and their fire inspection
documentation if cooking with propane bottles above 17
ounces in volume. The City Engineer (or their designee) is responsible for approving all elements of the Permit
application.

Examples of Site Plan compliant with the requirements listed in Section 3.2.3 (Distance separation requirements) and an isometric drawing which satisfies design review are illustrated above in Figure 3.2.1.

Time allowance regulations are limited to the following:
• Operation in the Commercial Residential (CR) zone is limited to between the hours of 6am to 11pm. • Operation in a roadway adjacent to or directly across from residential property for a period longer than 10 minutes within any block face is prohibited. Food trucks may not return to the same block for two hours.
• Food trucks cannot remain unattended for more than 30 minutes, nor be parked or stored overnight on any public grounds, street, or highway.

A separate permit is required to operate at special events and is only open to food trucks which have already received a Sidewalk Vending Cart Permit. The application for this permit requires an additional fee, written consent of adjacent property owner(s), and be submitted at least five days prior to the event. To operate in a city park, Portland Parks & Recreation requires a separate commercial activity permit.

Source: City of Portland
FIGURE 3.2.1 – CITY OF PORTLAND ,

TYPICAL ISOMETRIC DRAWING AND

SITE PLAN

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3.3 Austin, TX
The City of Austin has a more limited approach to regulating mobile food vendors, with limited zoning and operational restrictions that put a greater emphasis on the permitting process. Austin is also unique in making it the responsibility of adjacent business owners or neighborhood associations to request further restrictions, rather than proactively limiting food truck operations in commercial areas or close to residential zones. However, the collective impact of these
standards results in a food truck program that achieves many of the same results as other jurisdictions.

3.3.1 Zoning and land use controls
Food trucks in Austin are permitted in all commercial and industrial zones, with the exception of neighborhood
office (NO), limited office (LO), and general office (GO) districts. Unlike other case study jurisdictions, this
applies to operations on both private property and in the public right -of-way. No specific regulations are
established for operation in public parking spots or
adjacent to sidewalks. However, multiple restrictions
apply regarding distance separation requirements and
hours of operation in relation to adjacent uses (see
Austin Code of Ordinances §25-2-812).

The Code also includes a provision that allows areas
with adopted neighborhood plans registered with the
City of Austin to request additional distance and time
restrictions for food trucks. Such an application is
submitted to the Director and requires both public notice and a public hearing by the City Council. The additional restrictions are summarized in Sections 3.3.3 (Distance separation requirements) and Section 3.3.5 (Licensing
standards and time allowances) below.

3.3.2 Definitions
The following definitions are key to understanding Austin’s food truck regulations:
• Food enterprise, which includes a mobile food establishment but is not otherwise defined. • Food handler means a food enterprise employee who works at any time with unpackaged food, food equipment or utensils, or food tact surfaces.
• Mobile food establishment [City] means one of the two types of mobile food operations:
o A restricted unit that offers only prepackaged food in individual servings; beverages that are not potentially hazardous and are dispensed from covered urns or other protected vessels; and packaged frozen foods. Preparation, assembly or cooking of foods is not allowed. A foot peddler permit is a restricted unit is limited to one portable ice chest, cooler, case, or unit per permit, capable of being carried by one person.

Food Trucks in Berkeley, CA
The City of Berkeley regulates food trucks in
a manner similar to San Diego and other
California cities subject to the Health &
Safety Code. Notable components include:
• Operations are permitted only in
commercial zones along specific
corridors and industrial zones.
• The City Manager may require food
trucks to move to different sites at any
time at their discretion, but no more
than once every 90 days.
• Operation is permitted only from 7am to
12am, and may not move locations
during high-traffic hours
• Operators may not refuse to accept an
empty refillable container of any kind.
• Though Berkeley has often hosted the
Off the Grid food truck events, no
specific regulations exist regulating
these events.

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983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 12 o An unrestricted unit that may serve food as allowed above, and may cook, prepare, and assemble a full menu of food items.
• Mobile food unit (MFU) [State] means a vehicle-mounted, self or otherwise propelled, self - contained food service operation designed to be readily movable (including catering trucks, trailers, push carts, and roadside vendors) and used to store, prepare, display, serve or sell food. An MFU must completely retain its mobility at all times. An MFU does not include a stand or a booth. A roadside food vendor is classified as an MFU.
• Pushcart [State] means a non-self-propelled MFU limited to serving foods requiring a limited amount of preparation as authorized by the regulatory authority and readily movable by one or two persons. A pushcart is classified as an MFU. A pushcart does not include non-self-propelled units owned and operated within a retail food store. This type of MFU requires the support of a central preparation facility.
• Roadside food vendor [State] means a person who operates a mobile retail food store from a temporary location adjacent to a public road or highway. Food is not prepared or processed by a roadside food vendor. A roadside food vendor is classified as an MFU.

3.3.3 Distance separation and other location-based requirements The City of Austin enforces distance separation requirements for food truck operations without distinction between private property and the public right-of-way. Additionally, food trucks operating on private property for three hours or less between the hours of 6am and 10pm are exempt from these use-specific regulations.

These include prohibitions on the following:
• City of Austin
o Operation within 50 feet of a lot with a building that contains both a residential and commercial use.
o Operation within 20 feet of a restaurant (general) or restaurant (limited use). o At the request of a neighborhood association:
§ Operation within 50 feet of a property in an SF-5 or more restrictive zone • Travis County Fire Marshal’s Office
o Operation within 20 feet of any structure
o Operation within 15 feet of any fire hydrant

3.3.4 Sanitation/bathroom requirements
All food trucks in Austin are required to submit and maintain a Restroom Facility agreement for each location where the truck will operate for longer than two hours. The restroom must be within 150 feet of the vending location and accessible during intended operation hours with the consent of the restroom’s owner/responsible party. These agreements can be for either fixed establishments or portable restroom facilities.

During business hours, food truck operators must provide a trash receptacle for use by customers and keep the area around the truck clear of litter and debris at all times. No specific regulations exist for the number of receptacles, garbage vs. recycling, or sidewalk encroachment.

Appendix C
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3.3.5 Licensing standards and time allowances
Austin’s Environmental Health Services Division (EHSD), part of Austin Public Health (APH), is the authority responsible for food truck permitting. Enforcement is overseen by the Austin Code Department.

In the initial APH application for a Mobile Food Vendor Operational Permit, permit types are differentiated as being restricted (for sale of pre-packaged foods) and unrestricted (for prepared food). Applicants must indicate whether they will be operating within Austin city limits and/or in unincorporated Travis County; the Permit covers both jurisdictions as well as local cities and towns that have contracted with the City of Austin.

Applicants must also indicate their Unit Type (i.e., Motor Vehicle, Pushcart, Trailer, Kiosk, Foot Peddler, or Other) (see Austin Code of Ordinances §10-3-91 et seq.).

The application includes additional forms for documenting contracts with a certified Central Preparation Facility (what other jurisdictions call a commissary), a current Itinerary Sheet, and applicable Restroom Facility Agreements. It is expected that operators will already possess a Texas sales and use tax ID number, be a licensed business in Austin, and have a single Certified Food Manager (CFM) on staff per truck; all employees must complete a state-approved food handler training course. However, a CFM is not required for food trucks which possess a restricted Permit if one is in charge of the Central Preparation Facility that supply their products.

Austin also requires a Right of Way Vendor License if a food truck intends to operate adjacent to the sidewalk. Like in other jurisdictions, this application requires basic applicant and business information, as well as the address intended vending location an d a “vending location sketch” (i.e., site map). However, instead of requiring proactive engagement with adjacent businesses by the applicant, the City of Austin will deliver a notice of the vending request by mail and gives the business owner 10 days to submit comments/objections to the request.

For operations in a city park, food truck operators are required to obtain a Park Property Rental Agreement or written permission of the Park and Recreation Department director.

Regarding time allowances, as noted above in Section 3.3.4 (Sanitation/bathroom requirements), food trucks operating at a single location for longer than two hours must identify appropriate restroom facilities within 150 feet. Other time restrictions include:
• No operation between the hours of 3am and 6am:
o Located on the same site as a restaurant (limited) or restaurant (general) and serving food from that restaurant; may only operate between the hours of 6am and 10pm if located 300 feet or less from the property.
• At the request of a neighborhood association:
o Unless operating between 50-300 feet from a property, may not operate between 6am and 10pm in a SF-5 or more restrictive district.
o Unless operating more than 300 feet from a property, may not operate between 6am and 3am in a SF-5 or more restrictive district.

Food trucks operating on private property for three hours or less between the hours of 6am and 10pm are exempt from these use-specific regulations.

Appendix C
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3.4 Denver, CO
The City of Denve r’s regulation of mobile retail food establishments is unique, combining both strict and permissive regulations. Despite the complexity of Denver’s approach, the specific use standards applicable to food trucks are brief, and the city has proactively provided an online Multi-Departmental Guide which summarizes essential information. Food trucks in Denver are regulated as a Temporary Use on private property, requiring a use-specific permit. However, the city is unique in very permissively allowing food truck operation citywide as long as trucks are not in one location for longer than 30 minutes. Denver also possesses the most stringent distance separation requirements, preventing food trucks from operating adjacent to brick-and-mortar businesses, residences, city parks, and other food trucks.

3.4.1 Zoning and land use controls
Denver’s and form -based Zoning Code
1 contains over
100 zoning districts defined by their context, built form, special purpose, and more. The subsection focused on
Retail food establishment, mobile states that food trucks are permitted (with limitations) as a Temporary Use on private property in all Mixed Use Commercial, Light
Industrial, General Industrial, and Open Space
Recreation districts across multiple contexts (see Denver Zoning Code §11.11.14). Food trucks can operate on
private property without a zoning permit in all zoning
districts if they operate for less than 30 minutes at a single location.

In the public right -of-way, land use controls involving zoning districts do not apply ; food trucks can operate without a zoning permit if they stay no more than 30
minutes at a single location, subject to specific distance separation and time of operation limitations. However,
food trucks are prohibited in all Residential Zone Districts, on undeveloped lots, on lots with unoccupied structures/unpaved surfaces, and in the downtown central business district.

Denver’s downtown central business district is an exception to provisions described above, with food truck operation prohibited in the area shown in Figure 3.4.1.

3.4.2 Definitions
• City of Denver Code of Ordinance, Chapter 23 (Food and Food Handlers)

1 The “Denver Zoning Code” was adopted as part of a comprehensive update in 2010. However, certain properties not included in this update are still regulated by former Chapter 59 of the Denver Revised Municipal Code. All references in this section are to the former, updated code.

FIGURE 3.4.1 – CITY OF DENVER ,

CENTRAL BUSINESS DISTRICT
Source: City of Denver
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983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 15 o Commissary shall mean an approved catering establishment, restaurant, or other approved place in which food, containers or supplies are kept, handled, prepared, packaged, or stored.
o Food peddler shall mean a mobile food vendor who is not operating from a mobile reta il food establishment or a pushcart.
o Mobile retail food establishment shall mean a retail food establishment that reports to and operates from a commissary and is readily moveable, is a motorized wheeled vehicle, or a towed wheeled vehicle designed and
equipped to serve food.
o Pushcart shall mean a nonself -
propelled vehicle limited to serving
commissary prepared or prepackaged
food and nonpotentially hazardous food
unless the equipment is commercially
designed and approved to handle food
preparation and service.
• City of Denver Zoning Code
o Use, T emporary means a use
established for a fixed period of time
with the intent to discontinue such use
upon the expiration of the time period.
§ Retail food establishment,
mobile means a readily
movable motorized -wheeled
vehicle designed and equipped
to serve food or towed-wheeled
vehicle designed and equipped
to serve food. This definition
shall not apply to uses which
operate for less than 30
consecutive minutes at each
separate location.

3.4.3 Distance separation requirements
Food trucks in Denver are subject to distance separation requirements on private property and in the public right- of-way. These include prohibitions on:
• Operation within 200 feet of any eating or drinking establishment existing at the time the permit or renewal permit was issued.
• O peration within 200 feet of any other food truck.
• Operation within 50 feet of any Residential Zone District.

Food trucks operating in the public right-of-way are subject to further prohibitions, including:
• Operation within 20 feet of an intersection.
• Operation within 300 feet of a public park or parkway (unless granted permission by the Department of Parks and Recreation as part of a special event).

Food Trucks in Los Angeles, CA
The 2012 report Food Truck Freedom: How
to Build Better Food-Truck Laws in Your City
from the non-profit public interest law firm
Institute for Justice names the City of Los
Angeles as having one of t he best overall
legal frameworks for food trucks in the nation.

Notable components include:
• No restrictions on when food trucks may
operate.
• Licensing applies to the overall vending
business, not the individual vendor.
• Does not include distance separation
requirements from brick- and-mortar
businesses, but does prevent parking
within 100 feet of an intersection.

Los Angeles was also the focus of a landmark
legal ruling involving food trucks. In 2006, the
City passed an ordinance requiring food
trucks to move every 30 or 60 minutes
depending on operating location. In 2009, this
ordinance was invalidated on the grounds
that it expressly conflicted with the state
vehicle code, which permits regulations only
for the purpose of public safety.

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3.4.4 Sanitation/bathroom requirements
Unlike other jurisdictions, the City of Denver does not require food truck operators to provide proof of access to restrooms. The Mobile Retail Food Establishment plan review application does include a brief section where the location of restrooms close to the intended area operation are located (including name and address of business), but a signed agreement with said businesses is not a requirement for approval.

3.4.5 Licensing standards and time allowances
All food trucks , trailers, and carts operating in Denver are required to obtain a Mobile Retail Food Establishment License granted by the Department of Excise and Licenses. The application packet/plan review is extensive, requiring detailed information on food truck equipment, operation, product storage, and utility access. This process also requires a Propane Permit (if applicable), an Affidavit of Commissary, and numerous color photos of compliant equipment.

In general, the City of Denver limits food truck operations to four consecutive hours daily on the same lot between 8am and 9pm. However, as mentioned in Section 3.4.1 (Zoning and land use controls), food trucks can operate throughout Denver in the public right-of-way or on private property for less than 30 minutes at any one location. If operating for longer than 30 minutes in a single location, land use and distance separation requirements apply.

If operating as part of a special event (including a group of food trucks at a single location), food trucks are permitted in most zoning districts without a zoning permit. However, the special event must obtain a specific “Bazaar, Carnival, Circus or Special Event” zoning permit, and food trucks may only operate for a maximum of 12 consecutive days between 9am and 11pm. If in a Residential Zone District, the event sponsor must be a nonprofit or government entity.

4. Conclusion
The case study jurisdictions analyzed above illustrate the variety of approaches local governments can pursue when regulating food truck regulation in response to unique local circumstances. However, taken together several common standards emerge:
• Operation in the public right-of-way is broadly treated as key to the food truck business model and is not outright prohibited in any jurisdiction.
• Operation in residential zones is undesirable, with all jurisdictions limiting food trucks from selling in solely re sidential zones through a combination of land use, distance separation, or time limit regulations.
• All jurisdictions require basic business licensing and oversight by a city or county health department.

Best practices are less clear in regard to the utiliz ation of use- specific permits, distance separation requirements, bathroom access, and time allowances. For example, Austin’s permitting process requires a Mobile Food Vendor permit for food trucks operating on both private property and in the public right-of-way; Portland requires a Sidewalk Vending Cart permit only for the latter, while San Diego and Denver require use permits only for the former. Jurisdictions also provide differing approaches on when food trucks should be allowed to operate, with San Diego being the most permissive by enforcing no limitations, and Denver strictly limiting operation to four hours in a single location with allowances for food trucks parked for less than 30 minutes.

Appendix C
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Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 17 Independent of the complexity of their regulatory approach, jurisdictions also vary in the ease of use for their food truck standards. Despite Denver’s extensive provisions, the informative multi-department guide conveys regulations in a way that is easy t o understand for all stakeholders. Portland also publishes separate, specific guides for food truck operation on private property versus the public right -of-way, and proactively reduces the likelihood for tension between businesses by providing standard fo rms for addressing common problems of proximity and restroom use.

The diversity of regulatory approaches in different cities reflects varying contexts and state requirements.

For example, due to the comprehensiveness of the California Retail Food Code, San Diego relies on the provisions of state -level standards rather than crafting a detailed local approach. This is in contrast to Denver, where the city has prepared its own detailed operating standards for food trucks.

In general, the case study cities provide regulations in the following areas:
• Use restriction on operations in private property via the zoning code; • Regulation on operations in the public right of way, including parking restrictions; • Distance and separation requirements, including objective , measurable standards such as distances form intersections or public facilities;
• Coordination with health and safety codes for food service; and • Permitting and licensing.

A successful program in Long Beach should incorporate aspects of these key features for regulation of food truck operations.

Appendix C
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5. Attachments
The documents summarized in Table 5.1, below, are taken from the Case Study Research Memo jurisdictions of San Diego, CA; Portland, OR; Austin, TX; and Denver, CO (in that order). They include applications, guides, and more from the jurisdictions’ municipal governments and, in some cases, their county. For more information, see Appendix A.

Table 5.1 – Case Study Jurisdictions Applications, Guides, etc.

Jurisdiction Document Department/Agency Document Type Year Updated File Name Notes
San Diego, CA
County of San
Diego
Mobile Food Facility
Location of Operation
Information
Department of Environmental
Health and Quality (DEHQ), Food
and Housing Division
Application 2020 San Diego_County_Location of
Operation Information_2020
Application for Public
Health Permit
Department of Environmental
Health and Quality (DEHQ) Application 2021 San Diego_County_Public Health Permit_Application_2021
Standards Operational
Procedures for Mobile
Food Facilities
Department of Environmental
Health and Quality (DEHQ), Food
and Housing Division
Tracking 2021 San Diego_County_SOPs for
Mobile Food Facilities_2021
Includes:

Mobile Food Toilet Facilities
Letter of Agreement
City of San
Diego
Mobile Food Truck
Permit Application
Development Services
Department Application 2014
San Diego_City_Mobile Food
Truck Permit_Application_DS-
210_2014

How to Obtain a Permit
for a Mobile Food Truck
Development Services
Department Informational 2021
San Diego_City_How to Obtain
a Permit for a Mobile Food
Truck_2021
Includes:

Typical Vicinity Map
Typical Site Plan Example
Portland, OR
Multnomah
County
Mobile Food Unit Plan
Review Packet
Multnomah County Health
Department, Environmental Health
Application,
Informational,
Tracking
2016
Portland_Multnomah
County_Mobile Food Unit
Review Packet_2016
Includes:

Itinerary and Operating
Schedule
Commissary Service
Verification
Restroom Requirement Form
Appendix C
C-18
Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 19 Table 5.1 – Case Study Jurisdictions Applications, Guides, etc.

Jurisdiction Document Department/Agency Document Type Year Updated File Name Notes
Wastewater Disposal Form
City of Portland
Vending Carts on
Private Property
Bureau of Development Services
(BDS) Informational 2019 Portland_BDS_Vending Carts
on Private Property_2019
Sidewalk Vending Cart
Application Packet
Portland Bureau of Transportation
(PBOT) Application 2016
Portland_PBOT_Sidewalk
Vending Cart Permit Application
Packet_2016

Austin, TX
City of Austin
Mobile Food Vending
Unit Checklist
Austin Fire Department, Fire
Marshal’s Office Informational 2020 Austin_Fire_Mobile Food Vending Checklist_2020
Mobile Food
Establishments
Amendment Application
Planning and Zoning Department Application Unknown
Austin_Neighborhood
Association Restrictions
Application
To establish additional
regulations governing hours of
operation and location of food
trucks in specific
neighborhoods
Mobile Food Vendor:

Operational Permit
Application
Austin Public Health,
Environmental Health Services
Division
Application 2020
Austin_Public Health_Mobile
Food Vendor Operational Permit
Application_2020
Includes:

Central Preparation Facility
(CPF) Contract/Certification
Mobile Food Vendor Itinerary
Sheet
Restroom Facility Agreement
Right of Way Vendor
License Application
Austin Transportation Department,
Right of Way Management
division
Application Unknown Austin_ROW Vendor License
Application
Denver, CO
City and
County of
Denver
Mobile Retail Food
Establishment Plan
Review Application
Department of Community
Planning & Development
Department of Excise and
Licenses
Denver Fire Department (DFD)
Application 2021
Denver_Mobile Retail Food
Establishment Plan Review
Application_2021
Includes:

Affidavit of Commissary
Affidavit of Lawful Presence in
United States
LPG Use/Storage Permit
Application
Appendix C
C-19
Attachment A

983 Osos Street , San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 20 Table 5.1 – Case Study Jurisdictions Applications, Guides, etc.

Jurisdiction Document Department/Agency Document Type Year Updated File Name Notes
Department of Parks and
Recreation
Department of Public Health &
Environment (DDPHE)
• Department of Public Works

Mobile Retail Food
Truck, Trailer, and Cart
Guide
Informational 2018
Denver_Mobile Retail Food
Truck, Trailer, and Cart
Guide_2018
Includes:

Food Truck Operation
Inspection Checklist
Food Truck Guide: A
Multi-Departmental
Guide
Informational 2017 Denver_Multi-Dept Food Truck
Guide_2017
Mobile Retail Food
Establishment Licensing
Instructions
Informational Unknown
Denver_Mobile Food
Establishment Licensing
Instructions

Appendix C
C-20
Attachment A

Appendix A: Case Study Jurisdictions
Applications, Guides, etc.

Appendix C
C-21
Attachment A

County of San D
iego

DEPARTMENT OF ENVIRONMENTAL HEALTH - FOOD AND HOUSING DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 Phone: (858) 505-6900 ● (800) 253-9933 ● FAX: (858) 999-8920 ● www.sdcdeh.org

MOBILE FOOD FACILITY LOCATION OF OPERATION INFORMATION
Mobile Foo
d Facility Name: ______________ Health Permit #:

Mailing Add
ress:

Street #
Street Name City Zip Code
Contact Pho
ne #: ( )______________ Contact Cell Phone #: ( ) _____________ Contact Email:

Vehicle Identification #
: License Plate #: ____ Website: @
Commissary Na
me and Permit #: Commissary Address:

Street #
Street Name City Zip Code

FOR MOBILE C
ARTS APPROVED TO BE STATIONED AT A SINGLE OPERATING SITE (SOS): *Note: All locations must be within 200 ft. of approved toilet facilities.

Name of Lo
cation: ______________________________ Location Address: __________________________________ Str
eet # Street Name City Zip Code Days of Opera
tion: ______________________________ Hours of Operation: ____________________________________________________________________

MOBILE FOOD T
OILET FACILITIES LETTER OF AGREEMENT: This section must be completed by the Toilet Facility Owner for all Single Operating Site (SOS) facilities and all Mobile Food Facilities whose vehicles stop at one location for longer than one (1) hour. This permission letter must be renewed annually.

The above m
obile food facility has my permission to use my permanent toilet facilities, which include hot and cold water, soap, and towels or air dryer.

Name (Print):
_____________________________ Name (Signature): _______ Title: _________________ Date: ___/___/___ Facility Nam
e and Address: _______________________________________ ___________________________________________ __ Street
# Street Name City Zip Code
Contact Pho
ne #: ( )_________________ Contact Fax #: ( ) ____________ Contact Email: _____ ___ @______________ _ I understand and agree that if I
make any changes to my route or business location, I must notify the Food and Housing Division (FHD) within 30 days. Revised route information may be provided by Fax: (858) 999-8920 , E-mail: [email protected], in person to 5500 Overland Avenue, San Diego, CA 92123 or by U.S. Mail to P.O. Box 129261, San Diego, CA 92112-9261, Attn: FHD Mobile Food Inspection Program. Failure to notify FHD of any changes may result in an administrative citation, suspension or revocation of the Health Permit issued to me to operate this Mobile Food Facility. _________________________________________ /
/ ______________________________________
Owner
Name (Print)
DEH:FH-265 (Rev. 09/14/2020)
Owner Name (
Signature) Date
Appendix C
C-22
Attachment A

County of San Diego

DEPARTMENT OF ENVIRONMENTAL HEALTH AND QUALITY

APPLICATION FOR PUBLIC HEALTH PERMIT
ADDRESS: 5500 OVERLAND AVE #170, SAN DIEGO, CA 92123 | PHONE: (858) 505- 6666 | FAX: (858) 999-8920 MAILING ADDRESS: P.O. BOX 129261, SAN DIEGO, CA 92112-9261 EMAIL: [email protected]
PREFERRED LANGUAGE(S) SPOKEN OR READ/Idiomas Preferido(s) Hablados o Leidos We are committed to enhancing
communication and services to our customers. In support of this effort, we are seeking information on the primary languages
spoken by you and your staff. T
his information will allow FHD to continue to translate various applications and informational materials.

Preferred Language/Idioma preferido: Arabic Chinese – Cantonese Chinese – Mandarin Engl ish Farsi Filipino
Japanese Karen Korean Somali Spanish
Vietnamese Other
Preferred Secondary Language/Segundo idioma preferido: Arabic Chinese – Cantonese Chinese – Mandarin English Farsi
Filipino Japanese Karen
Korean Somali Spanish Vietnamese Other
- Please print clearly, using BLUE or BLACK ink ONLY/Por favor escribir legible con tinta NEGRA o AZUL Solamente - APPLICATION TYPE/Tipo de Aplicacion Food Facility Mobile Food Pool/Body of Water Massage Establishment Public Housing Body Art Facility Resort/Entertainment Complex Seasonal Organized Camp Annual Organized Camp Class B Cottage Food Operation Charitable Feeding Food Facility BUSINESS INFORMATION/Información del Negocio Business Name (DBA)/ Assumed Business Date/Fecha de inicio: Nombre del Negocio:

Month/Mes: Day/Día: Year/Año: Days and Hours of Operation/ Dias y horas de operación:

APPLICANT INFORMATION/Información del Aplicante Check if same as owner/Marque aqui SI es la mismo del dueño Email/Correo elect rónico:

Home Phone#/Número de casa:

Mobile Phone#/Número
de cell:

Name/Nombre:

Phone #/Número
de teléfono:

Fax #/Número de
fax:

Street #/Número de la calle: Street Name & Suite/Nombre de la calle: City/Ciudad: Zip Code/Código postal:

BILLING INFORMATION/Información de Facturacion Check if same as owner/Marque SI es la misma del dueño Email/Correo ele ctrónico:

Home Phone#/Número de casa:

Mobile
Phone#/Número de cell:

Name/Nombre:

Phone #/Número
de teléfono:

Fax #/Número de fax
:

Street #
/Número de la calle: Street Name & Suite/
Nombre de la calle: City/Ciudad: Zip Code/Código postal:

OWNER INFORMATION/Información del Dueno Type of Ownership/Tipo de organización: Sole Owner/Dueño único Partnership/Sociedad Corporation/Corporación Non-Profit/Sin fines de lucro Owner Name (Corp, LLC, or Sole Owner)/Dueño:

Please list the NAME of the entity if applicable. An honorably discharged veteran who is a sole owner may be entitled to a fee exemption for certain food related permits.

Owner Email/Correo electrónico del dueno:

List of Partners or Officers (attach separate sheet if necessary)/Lista de socios:

Home Phone#/Número de casa:

Mobile
Phone#/Número de cell:

Phone #/Nú
mero de teléfono:

Fax #/Número de fax:

Street #/Número de la calle: Street Name & Suite/
Nombre de la calle: City/Ciudad: Zip Code/Código postal:

FOOD FACILITIES ONLY/Establecimientos de Comida Solamente # of Employees/Número de empleados: Total # of Prep Areas/Número de areas de preparación (deli, bakery,etc.):

Square Footage/Area en pies cuadrados: # of Vending Machines/Número de maquinas:

Outdoor Dining/Comedor al aire libre: Sole Sole and Covered Shared Shared and Covered None N/A Outdoor Dining Seating Capacity/Capacidad de asientos comedor al aire libre:

Outdoor Dining Square Footage/Pies cuadrados de comedor al aire libre:

Indoor Dining/Comedor interior: Sole Shared None N/A
Indoor Dining Seating Capacity/Capacidad de asientos comedor interior:

Indoor Dining Square Footage/Pies cuadrados de comedor interior:

Restroom Type/Tipo de baño: Shared Public and Employee Common Use Public and Employee Employee Only Common Use Public/Separate Employee Separate Public/Separate Employee Men Stalls: Men Urinals: Women Stalls: Unisex Rooms:

Drive Thru: Yes No
Year Building was Built/Año de construcción del edificio:

Appendix C
C-23
Attachment A

MOBILE FOOD FACILITIES ONLY0yYLOHVGH&RPLGD6RODPHQWH Yes/Si No (If no, please
provide a list of locations/Si es NO por favor incluya una lista GH las XELFDFLyQHV

Indicate # of Mobile Units (In addition to the sink cart)/ Numero GH 8QLGDGHV Móviles $SDUWH GHO sink PyYLEOH

HOUSING PERMIT ONLY/3HUPLVRGH9LYLHQGDV6RODPHQWH Indicate # of Housing Units/Número GH XQLGDGHV:

Name of Management Company/1RPEUHGHODFRPSDxtDDGPLQLVWUDGRUD (if applicable/ si es aplicable):

Primary Contact Name/1RPEUHGHO contacto principal:

Phone #/Número GH teléfono:

Email/Correo electrónico:

POOL PERMIT ONLY3HUPLVRGH3LVFLQD6RODPHQWH
# Spa(s): # of Wader(s): # of Spray Ground(s): Other:

BODY ART FACILITY ONLY$UWHGH&XHUSR6RODPHQWH
Indicate the Services you will be Providing/,QGLTXHORVVHUYLFLRVTXHVHUiQSURSRUFLRQDGRV (Check all that apply
0DUTXHWRGRVTXHDSOLTXHQ)
- INFECTION PREVENTION & CONTROL PLAN (IPCP) TO BE SUBMI TTED WITH APPLICATION. - PRACTITIONERS MUST BE REGISTERED WITH DEHQ.

Applicable to all permits:
 I declare under penalty of
perjury that to the best of my knowledge and belief, the statements made herein are correct and true.  I hereby consent to all necessary f ees and inspections made pursuant to law and incidental to the issuance of this permit and the operation of this business.  I agree to conform to all conditions, orders, and directions, i ssued pursuant to the California Health and Safety Code, and all applicable County and City Ordinances.  I agree to not make any modifications or changes to my existin g project/facility , including menu/equipment changes, changes in commissary , or changes of o
wnership, without prior written approval.
 I
agree not to operate until a v
alid health permit is issued.
 I understand and hereby consent to any information I provide on this permit application to be considered a public record subject to disclosu re under the Californ ia
Public Records Act.

Date/Fecha: Authorized Signature/Firma:

Print Name
/Nombre: Title/Titulo:

CHANGE OF OWNERSHIP ONLY&DPELRGH'XHxR6RODPHQWH
Documents required to process change of ownership/'RFXPHQWRVUHTXHULGRVSDUDSURFHVDUHOFDPELRGHGXHxR:
*Health Permit Application
*Proof of ownership (such as: business license, seller's permit, etc) *Menu/Food Items Produced (Food Facilities and Mobile Food Facilities only) *Change of ownership questionnaire (
Food Facilities only)
After an invoice is generated, the following payment options are available/'HVSXpVGHTXHVHJHQHUHXQDIDFWXUDH[LVWHQYDULDV opciones para realizar el pago:
*Online at www.deh
qpay.com
*In-person at 5500 Overland Ave, #170, San Diego, CA 92123 *By
mail P.O. BOX 129261, San Diego, CA 92112-9261
0D\WDNHXSWRWZRZHHNVIRUSURFHVVLQJ

NOTE: A food facility shall not be
open for business without a valid health permit (Section 114381 of the California Health & Safety Code and Section 61.104 of San Diego County Code of Regulatory Ordinance). Permit fees due to DEHQ for the investigation of a regulated business operating without a Health Permit will be three (3 ) times the cost of the annual permit fee, which are payab le in addition to the current permit fee.
– OFFICE USE ONLY –
New Permit # Previous Permit # or
Plan C
heck # Record/Permit Type Units Decal Number Processing Clerk MUST SUBMIT COMMISSARY AGREEMENT LETTER, TOILET FACILITY LETTER (if applicable/si es aplicable)
Will the mobile unit be operating at one location at all times? Estara la unidad móvil tranajando en una sola ubicación? Bodies of Water/Cuerpos de agua: #
of Pool(s):

New Change of Owner Update Record Exempt
Tattooing Permanent Cosmetics Body Piercing Branding Mobile Body Art If any body of water is indoors, please specify which one/Si algun cuerpo de agua
está ubiquado en el interior, especifique cuál:

Facility Type/Tipo de facilidad: Apartment Complex Bath House Bed & Breakfast Campground Government/Municipal/County Agency Health/Swim Club HOA Hotel/Motel Mobile Home Park County/Private Club
Public Park
Resort Enter. Complex School/College/University Shopping Mall Waterpark/Theme Park Name of Management Company/1RPEUHGHODFRPSDxtDDGPLQLVWUDGRUD (if applicable/ si es aplicable):

Primary Contact Name/Nombre GHcontacto principal:

Phone #/Número GH teléfono: Email/Correo electrónico:

Access for Inspection/Acceso para inspección: Key/Llave Lockbox/Caja de seguridad
On-site Contact/Contacto en el sitio Name/Nombre: Phone Number/Número de teléfono:
*If key or lockbox were checked,
the area specialist will reach-out to obtain key/information. Si marcó llave o caja de seguridad, el
especialista del área se comunicará con usted para obtener la llave/información.

Appendix C
C-24
Attachment A

DEH:FH-271 (Rev. 04/30/2021) Page 1 of
3 County of San Diego

DEPARTMENT OF ENVIRONMENTAL HEALTH AND QUALITY

FOOD AND HOUSING DIVISION
P.O. BOX 129261,
SAN DIEGO, CA 92112-9261
Phone: (858) 505-6900 ● Fax: (858) 999-8920 ● www.sdcdehq.org

STANDARD OPERATIONAL PROCEDURES FOR MOBILE FOOD FACILITIES Facility Name: Health Pe
rmit Number:

Hours of
Oper
ation:

Location of O
peration: City: , CA
Zip:

Street No. Street Name
Business Owner Name: Phone: ( )
Fax: ( ) E-Mail:

Mailing Add
ress: City: State:____ Z
ip:

Street No. Street Name

AN APPRO
VED COPY OF THIS OPERATIONAL PROCEDURE SHALL BE MAINTAINED ON THE MOBILE FOOD FACILITY AT ALL TIMES.

Please note that any changes to the menu, equipment, or procedures listed on this form require prior approval by the Food and Housing Division (FHD) of the Department of Environmental Health and Quality.

MENU DESCRIPTION (use additional sheet on page 3, if necessary) Write below a
complete list of food and beverages that will
be offered on the mobile fo
od facility menu Where was th
is food
purchased?
Where will th
e food be prepared?

FOOD ITEM UNPACKAGED
FOOD

PREPACKAGED

FOOD COMMISSARY ON SITE

1. Indicate the
location where you will store food at the end of the day.

Food Sto
red at: City: , CA Zip:

Street No. Street Name

2. Indicate
the location where you will store the food facility (MFF) unit at the end of the day.

MFF Stor
ed at: City: ,
CA Zip:

Street No. Street Name

3. Describe the proced
ure you will use to fill the MFF potable water tank and the location where it will be filled:

4. Describe
the procedure you will use to empty the MFF waste water tank and the location where it will be emptied:

Time Mon Tue Wed Thur Fri Sat Sun
Start: am
pm
am
pm
am
pm
am
pm
am
pm
am
pm
am
pm
End: am
pm
am
pm
am
pm
am
pm
am
pm
am
pm
am
pm
Appendix C
C-25
Attachment A

f 3

STANDARD OPERATIONAL PROCEDURES FOR MOBILE FOOD FACILITIES

5. Describe
the procedures you will use to clean and sanitize the potable water and waste tanks.

Tank Cleaning Method Sanitizing Method How often?
Potable
Water
Waste
Water

6. Name of
business providing restroom facility during hours of operation:

Business location
: City: , CA Zip:

Street No. Street Name

7. List equi
pment and utensils that will be used on the mobile food facility. Please be specific on equipment’s use and function. For example: Equipment: Blender Intended use: Make Smoothies Equipment Intended use in mobi
le food facility

8. Describe
the procedures you will use to clean and sanitize food contact surfaces, equipment and utensils during working hours and at the commissary.

During wor
king hours At the Commiss
ary
Clean
Sanitize

9. Indicate t
he specific sanitizer or sanitizing method that you will use by checking the box below:
 Contact with a solution of 100 ppm (parts per million) available chlorine for at least 30 seconds.  Contact with a solution of 200 ppm available quaternary ammonium for at least one minute.

Check the option you will use:  Com
mercial pre-mixed solution or  I will prepare my own sanitizer solution

10. Acknowledgment
I understand and agree that if I make changes to my operating procedures, I must notify the Food and Housing Division (FHD) within 7 days.

Revised operating procedures may be provided by Fax: (
858) 999-8920, E-mail: [email protected], in person at 5500 Overland Avenue, San Diego, CA 92123 or by U.S. Mail to P.O. Box 129261, San Diego, CA 92112-9261, Attn: FHD Mobile Food Inspection Program.

Failure to notify FHD of any changes may result in an administrative citation, suspension or revocation of the Health Permit issued to me to operate this Mobile Food Facility.

Authorize
d Signature: Date:

Print Name
: Title:

REVIEWER OF OPERATIONAL PRO
CEDURES: , REHS
DATE APPROVED: ____
___/______/______
_ HEALTH PERMIT TYPE/NU
MBER: __________________________
Appendix C
C-26
Attachment A

f 3

MENU DESCRIP
TION
(continued)

SOURCE OF M

ENU AND PREPARATION METHODS
Write below
a complete list of food and beverages that
will be o
ffered on the mobile
food facility menu Where was t
his food
purchased?
Where will
the food be prepared?

FOOD ITEM UNPACKAG
ED
FOOD

PREPACKAGED

FOOD COMMISSARY ON SITE
Appendix C
C-27
Attachment A

City of San Diego
Development Services
1222 First Ave., MS-501
San Diego, CA 92101
(619) 446-5000
Printed on recycled paper. Visit our web site at www.sandiego.gov/development-services.

Upon request, this information is available in alternative formats for persons with disabilities.

DS-210 (05-14)
Mobile Food Truck
Permit Application
FORM
DS-210
May 2014

GENERAL INFORMATION

1. Site Address: City: State: Zip Code:

2. Existing Primary Use of the Property:

3. Property Owner Name:

Property Owner Address: City: State: Zip Code: E-mail Address:

4. Permit Holder Name. This is the property owner, person, or entity that is granted authority by the property owner to be responsible for ensuring compliance with Section 141.0612 and the person to receive notice of revocation hearings, as appli- cable.

Name: City: State: Zip Code: E-mail Address:

5. Applicable Discretionary Permit(s):

6. Permit Request for Downtown. If the request is for a private property location downtown, an approval stamp from Civic San Diego is required on the site plan.
❏ Not applicable ❏ Yes, Civic San Diego approval stamp is on attached site plan

7. Notice of Violation. Is there an active code enforcement violation case on this site? ❏ No ❏ Yes, copy attached

8. Applicant Name: Check one: ❏ Property Owner ❏ Authorized Agent of Property Owner ❏ Other person (SDMC 112.0102) Applicant Address: City: State: Zip Code: E-mail Address:

APPLIcANT’S SIGNATuRE/DEcLARATION: I certify that I have read this application and state that the above information is correct, and that I am the property owner, authorized agent of the property owner, or other per- son having a legal right, interest, or entitlement to the use of the property that is the subject of this application [San Diego Municipal Code (SDMC) Section 112.0102].

I understand that the applicant is responsible for knowing and complying with the governing policies and regula- tions applicable to the proposed permit. I hereby affirm under penalty of perjury that mobile food truck operations on the subject property will conform to SDMC Section 141.0612.

The City is not liable for any damages or loss resulting from the actual or alleged failure to inform the applicant of any applicable laws or regulations. City approval of a permit application, including all related plans and docu- ments, is not a grant of approval to violate any applicable policy or regulation, nor does it constitute a waiver by the City to pursue any remedy, which may be available to enforce and correct violations of the applicable policies and regulations. I authorize representatives of the city to enter the above-identified property for inspection purposes. I have the authority and grant City staff and advisory bodies the right to make copies of any documents submitted for processing.

Signature: ______________________________________________ Date: ______________________________ Appendix C
C-28
Attachment A

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Appendix C
C-29
Attachment A

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C-30
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C-31
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C-32
Attachment A

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C-33
Attachment A

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C-34
Attachment A

Environmental Health Services
847 NE 19th Ave Suite 350 l Portland, OR 97232 l mchealthinspect.org l Phone: 503.988.3400 l Fax: 503.988.5844 EHS-0018 3/9/16
The materials in this packet will guide you through the plan review process to assure that your mobile food unit meets requirements of the Mobile Food Unit Rules. This packet is also intended to evaluate your proposed operation to provide the safest food possible to the general public. The application form must be completed as part of the plan.

This packet consists of the following information:
y General Information
y Applicants Checklist for Mobile Food Units
y Mobile Food Unit General Requirements and Limitations y Mobile Food Unit Plan Review Application
y Mobile Food Unit Plan Review Worksheet
y Commissary Service Verification Application
y Mobile Food Unit Itinerary and Operating Schedule
y Application for License
y The Mobile Food Unit Rules
y Mobile Food Unit Change of Ownership Form
Please complete the attached documents and submit them with the required plan review fee to Multnomah County Environmental Health. Approval from the health department must be obtained prior to construction or operation of your unit. The following materials must also be submitted with your completed packet:

1. Complete plans of the unit drawn to scale, including equipment location.

2. List of all equipment necessary for the operation of the unit.

3. A description of the construction materials used on the unit, including surface finishes for floors, walls, ceilings and countertops.

4. Information relating to your base of operation, including times and dates of use. Attach a completed Mobile Food Unit License Application and also the commissary section, if necessary.

5. List of your operating location(s) and approximate time schedule, if applicable. If the unit operates on a designated route, you must specify your itinerary. Attach a completed Mobile Food Unit Itinerary and Operating Schedule.

MOBILE FOOD UNIT PLAN REVIEW PACKET
Email: [email protected]
Appendix C
C-35
Attachment A

Environmental Health Services
847 NE 19th Ave Suite 350 l Portland, OR 97232 l mchealthinspect.org l Phone: 503.988.3400 l Fax: 503.988.5844 EHS-0018 3/9/16
A mobile food unit is defined in OAR 333-162-0000(31) as “ …any vehicle that is self-propelled, or which can be pushed or pulled down a sidewalk, street or highway, on which food is prepared, processed or converted, or which is used in selling and dispensing food to the ultimate consumer. ” There is no size limit to mobile food units, except they must meet the following requirements:
y The unit must be a vehicle and not require a special permit from the Oregon Department of Transportation to be moved.
y Mobile food units must be mobile at all times during operation. There is no requirement to move the unit at specific intervals, however, the unit must be on wheels at all times and have no permanent connections to any utility service (including water, sewer, or electric). y The unit and all operations and equipment must be integral to the unit. This precludes the use of a barbecue with a Class III or IV unit, nor the use of 12 cubic feet of storage on any class of unit.

There are four types of mobile food units. The mobile food unit classifications are based upon the type of menu served.

CLASS I – These units can sell only intact prepackaged foods and dispense non-perishable beverages. No dispensed ice is allowed. No preparation or assembly of food items is allowed.

CLASS II – These units may dispense unpackaged foods. However, no cooking, preparation or assembly of foods is allowed on the unit.

CLASS III – These units may cook, prepare and assemble food items. However, no raw-to-finish cooking of animal foods is allowed on the unit. (Pasteurized eggs acceptable) CLASS IV – These units may serve a full menu.

Please keep in mind that because mobile food unit design is related to the menu served, any change in the menu must be approved by the health department. Failure to obtain approval for a menu change may result in closure of your unit.

Prior to licensure by the health department, there may be other agencies from which you will be required to obtain approvals. These include, but are not limited to planning (zoning), building codes (structural, electrical, plumbing, prefabricated structures), fire marshal, or city or county authorities.

In particular, mobile food units in which the operator occupies the inside of the unit and the unit stays in one location for more than 30 days must undergo plan review and receive approval from the Prefabricated Structures Section of Building Codes Division. Please call (503) 378-4133 to obtain approval. Health department approval does not imply that your unit meets other agency codes.

Finally, while this document contains some detailed information about the rules for the construction and operation of mobile food units, it does not contain all the requirements for your unit. Please refer to the Mobile Food Unit Rules http://arcweb.sos.state.or.us/rules/OARs_300/OAR_333/333_162.html for all the requirements.

GENERAL INFORMATION
Email: [email protected]
Appendix C
C-36
Attachment A

Environmental Health Services
847 NE 19th Ave Suite 350 l Portland, OR 97232 l mchealthinspect.org l Phone: 503.988.3400 l Fax: 503.988.5844 EHS-0018 3/9/16
This sheet is intended to help track your progress through the plan review process. When all steps are com- pleted, your mobile food unit will be ready for licensing operation. *NOTE: If plan review by the Prefabricated Structures Section of the Building Codes Division is required for your unit, submit a copy of the plan review approval letter to Multnomah County Health Department.

Plan review and approval by the Prefabricated Structures Section must be completed and verified before a license to operate will be issued by the Multnomah County Health Department.

Food handler cards are required for all persons working in a mobile food unit or base of operation. Contact the Multnomah County Environmental Health Section, Food Handlers for information on obtaining a food handler card (503) 988-5257 or visit our website www.oregonfoodhandler.us

DATE COMPLETED

1. Submit plan review application, plans, and completed review packet which include the following:
y Mobile Food Unit Plan Review Application
y Mobile Food Unit Plan Worksheet
y Mobile Food Unit Itinerary and Operating Schedule
y Commissary Service Verification Application
y Application for License.
y Pay the required fees
Wait for plan review approval letter prior to beginning operation.

2. Obtain any required approvals from other agencies, i.e. planning, zoning, and building codes. (see below *).

3. Plans approved by the health department. (see below *) You will receive a response within 10 working days.

4. Call the health department for a pre-operational inspection at least one week prior to the date you intend to open.

5. Submit a Mobile Food Unit license Application with the required fee along with a Commissary Service Verification Application and a Mobile Food Unit Itinerary and Operating Schedule, if applicable.

6. Pre-operational Inspection performed and mobile food unit is approved for operation.

7. After steps one through six has been completed and your application has been approved, you may open.

APPLICANT’S CHECKLIST FOR MOBILE FOOD UNITS
Email: [email protected]
Appendix C
C-37
Attachment A

Environmental Health Services
847 NE 19th Ave Suite 350 l Portland, OR 97232 l mchealthinspect.org l Phone: 503.988.3400 l Fax: 503.988.5844 EHS-0018 3/9/16
A mobile unit can serve menu items in its own classification and those to the left of it on the chart. For example, a Class III unit may also sell items allowed under Class I and II. Please See Mobile Food Unit Rules for full requirements.

Class I Class II Class III Class IV
Water Supply
Required
Hand Washing
System Required
Dishwashing
Sinks Required
Assembly or
Preparation
Allowed
Cooking
Allowed
Barbecue
Operation
Allowed
Restroom
Required
Examples
Yes
No
No
No
No
No
No
No
No
No
YesYes
YesYesYes
YesYesYes
Yes –
Minimum
five gallons
Yes –
Minimum
five gallons
Yes –
Minimum
five gallons
See below 2 See below 2 See below 3
Yes
Yes
Yes
Yes –
Reheating of
foods only
Prepackaged
sandwiches/
Dispensed soda
without ice/Canned
& bottled beverages
Service of
unpackaged
food items
Bento
espresso
hot dogs
No
menu
limitations

1. The hand washing system must be plumbed to provide hot and cold running water.

2. If operating without a commissary see 3 below.

3. Volume of water needed is determined by the volume of the 3 compartment ware washing sinks multiplied by 2. In addition, add 5 gallons for the hand washing sink to this amount. If the total number is less than 35 gallons, you will need a tank that holds 35 gallons at a minimum. If the total number is greater than 35 gallons, you will need a tank sized accordingly for that specific number of gallons.

Example 1) your 3-compartment sinks holds 3 gallons per sink. 3 gallons x 3 sinks = 9 gallons. 9 gallons x 2 = 18 gallons. Your 3-compartment sink holds 18 gallons. Add 5 gallons for the hand washing requirement = 23 gallons total. You will need to have a 35 gallon tank since this is the minimum tank size required.

Example 2) your 3-compartment sink holds 15 gallons per sink. 15 x 3 = 45 gallons. 45 gallons x 2 (filling sink twice a day) = 90 gallons. Plus 5 gallons for hand washing requirements = 95 gallons total. Your tank is required t o hold 95 gallons.

4. May cook only foods which are not potentially hazardous when raw (pasteurized eggs, rice, onions, pasta, etc…).

Please keep in mind that because mobile unit design is related to the menu served, any change in the menu must be approved by the Health Department. Failure to obtain approval for a menu change may result in closure of your unit.

5. You will need to identify a restroom within ¼ mile or 5 minute walk for employees if mobile unit is stationary greater than 2 hours. If seating is provided for customers, a restroom will need to be identified in the Restroom Agreement document. Restrooms will need hot and cold running water, soap and paper towels. 111
4 MOBILE FOOD UNIT GENERAL REQUIREMENTS AND LIMITATIONS Email: [email protected]
Appendix C
C-38
Attachment A

Environmental Health Services
847 NE 19th Ave Suite 350 l Portland, OR 97232 l mchealthinspect.org l Phone: 503.988.3400 l Fax: 503.988.5844 EHS-0018 3/9/16
OAR 333-162-0920 requires that a completed plan review packet be submitted and reviewed before your unit can be issued a license and approved to operate. Please contact the Multnomah County Environmental Health Office (503) 988-3400 for an inspection prior to the start of operation to determine compliance with the reviewed plans and specifications and with the requirements of the mobile Food Rules. Incomplete plans may be returned for completion.

Name of Business: __________________________________________________________________________ Address: __________________________________________________________________________________ Phone #
Number Street City State Zip Code
Name of Owner: ____________________________________________________________________________ Address: __________________________________________________________________________________ Phone #
Number Street City State Zip Code
Contact Person: ____________________________________________________________________________ Address: __________________________________________________________________________________ Phone #
Number Street City State Zip Code
Type of Construction: r New Mobile Food Unit r Major Remodel r Previously Licensed (*1) Class: I II III IV Are you proposing to operate without a base of operation _______ Plan Review approval should be sent to: r Owner r Contact Person Expected date that the unit will
be ready for a preoperational inspection: ____________________________ Application is hereby made for plan review of the above Mobile Unit in compliance with the provisions of the Oregon Administrative Rules, OAR Chapter 333 Division 162 requires that plans be submitted to the assistant director (authorized representative) and Environmental Health Specialist for review and commented on before construction, remodeling, or conversion is begun. Payment of the $_________________ plan review fee is hereby made with the understanding that OAR 333-162-0000 requires that plans be submitted for review when a food service facility is constructed or extensively remodeled. All construction must conform to OAR 333-162-0000 through 333-162-1020 as printed in the “Mobile Food Unit Rules” published by the Oregon Department of Human Services. And OAR 333-162-1010 requires that the food service facility be inspected prior to the start of operation to determine compliance with the reviewed plans and specifications and with the requirements of these rules. All information contained in this record is public.
* Please refer to fee schedule or call our office for information regarding Plan Review fee.

Make Check Payable to: Multnomah County Environmental Health Services (or pay by phone) Applicant’s Signature: ______________________________________ Date: ________________________ Print Name: _______________________________________________ NOTE: THE FEE MUST ACCOMPANY THIS APPLICATION
Fee Received: Date: By:

Check #: Cash: Receipt #:
(1*) Mobile Food Unit plan review fee and plans/drawings are not required if the unit was previously licensed in the State of Oregon and documentation of licensure approval is provided.

MOBILE FOOD UNIT PLAN REVIEW APPLICATION
Email: [email protected]
Appendix C
C-39
Attachment A

Environmental Health Services
847 NE 19th Ave Suite 350 l Portland, OR 97232 l mchealthinspect.org l Phone: 503.988.3400 l Fax: 503.988.5844 EHS-0018 3/9/16
Please complete the questions on this worksheet that apply to your mobile food unit. Be as specific as possible.

1. List all menu items (including condiments): ____________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ ___________________________________________________________________________________________

2. Where will food be purchased? ______________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

3. Describe how and where foods will be cooked and prepared. Will any foods be prepared in advance? If so, please describe: _____________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

4. Describe how foods requiring cooling will be rapidly cooled on the unit. What will become of leftover foods? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

5. How will hot and cold food temperatures be maintained on the unit? _______________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

6. Where is the commissary or warehouse located? List the approximate time of day you will be using your commissary or warehouse: ___________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ ___________________________________________________________________________________________

MOBILE FOOD UNIT PLAN REVIEW WORKSHEET

7. What is the source of drinking water for use on the unit? Describe how water will be transported to the unit and how the water system is constructed. What is the size of the fresh water storage tank? ____________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Email: [email protected]
Appendix C
C-40
Attachment A

Environmental Health Services
847 NE 19th Ave Suite 350 l Portland, OR 97232 l mchealthinspect.org l Phone: 503.988.3400 l Fax: 503.988.5844 EHS-0018 3/9/16

8. How will waste water be removed from the unit? Describe how waste water will be transported from the unit to the approved waste water disposal location. What is the size of the waste water storage tank? (The volume of the waste tank must be 10 to 15 percent greater than the volume of the fresh water storage tank.) __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

9. What is the power source for the mobile food unit? If electricity is required, how will the electrical supply be connected to the unit? Describe how foods will be transported to and from the unit and how hot and/or cold holding temperatures will be maintained during transit: _______________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

10. What type of hand washing system will be used on the unit? (A minimum of five gallons must be provid- ed for hand washing.) _______________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

11. Describe how dishes and untensils will be washed. If dishes and utensils are washed on the unit, a mini- mum of 35 gallons of water must be provided for this purpose. ______________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

12. Describe how garbage will be stored and where it will be thrown away. What methods of insect and rodent control will be used in your unit? _________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ ___________________________________________________________________________________________

13. Where is your restroom facility located? _____________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

14. Describe the type of overhead protection provided for your unit. (ceilings, awnings, umbrellas, etc.) __________________________________________________________________________________________ ___________________________________________________________________________________________

15. Where will the unit be cleaned? If you plan to wet mop the unit, where will you dispose of mop water? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Email: [email protected]
Appendix C
C-41
Attachment A

Environmental Health Services
847 NE 19th Ave Suite 350 l Portland, OR 97232 l mchealthinspect.org l Phone: 503.988.3400 l Fax: 503.988.5844 EHS-0018 3/9/16
r I plan on operating at one location.

Location Address: ________________________________________________________________________ r I plan on operating at multiple locations or on a route.

List all locations where you plan to operate. If operating on a fixed rout e or in multiple locations, indicate the approximate time (and dates, if applicable) you will be at each location. Attach additional sheets if necessary.

Operating Location Approximate Time (Dates) at Location If your operating location(s) or route changes, please inform Multnomah County Environmental Health Section (503) 988-3400.

Number Street City Zip Code

MOBILE FOOD UNIT ITINERARY AND OPERATING SCHEDULE
Email: [email protected]
Appendix C
C-42
Attachment A

Environmental Health Services
847 NE 19th Ave Suite 350 l Portland, OR 97232 l mchealthinspect.org l Phone: 503.988.3400 l Fax: 503.988.5844 EHS-0018 3/9/16
This form is to be completed when the licensed owner of the Commissary provides food service activities conducted at the Commissary to support a Mobile Food Unit operation.

Check the following statement that applies to your operation:
r
If the Mobile Food Unit arrives daily at the commissary solely to pick up clean utensils prior to operating and drop off used utensils at the end of the day, you are required to complete and return this Commissary Service Verification form.
r If the Mobile Food Unit conducts any food service activities at the commissary (e.g., utensil washing and/or any food preparation activities such as food washing, thawing, cooking , cooling, and reheating) a separate Commissary License in the mobile food unit owner’s name MUST be obtained.

MOBILE UNIT
Business Name: ______________________________
Address: ____________________________________
Licensee Name: ______________________________
Contact Person: ______________________________
Phone Number: ______________________________
Facility Number: ______________________________

LICENSED FOOD SERVICE FACILITY
Business Name: _______________________________
Address: _____________________________________
Licensee Name: _______________________________
Contact Person: _______________________________
Phone Number: _______________________________
Facility Number: ______________________________
County Licensed in: ____________________________
This agreement between the above mentioned two parties is valid only for the current calendar year. In the event that the agreement for commissary usage is terminated, the mobile food unit license is immediately suspended and all operations must immediately discontinue until the owner/operator of the mobile food unit secures the services of an approved commissary and provides another valid Commissary Service Verification form to the Multnomah County Environmental Health Program. This agreement becomes invalid if the commissary or food service establishment does not have a current license.

I agree to comply with the provisions of Chapter 624, Oregon Revised Statutes, and the Administrative Rules of the Oregon Department of Human Services pertaining thereto. I certify, as the legal owner of the business named herein, that the information provided is true and correct to the best of my knowledge. It is a Class B Misdemeanor to knowingly make any false written statement in connection with an application (ORS 162.085).

All information provided is a matter of public record.

Commissary Owner’s Printed Name: ____________________________________________________________ Commissary Owner’s Signature: ______________________________________ Date: __________________ Office Use Only:

Commissary Service Approved/Denied by: _________________________ Date: _________________ If denied, assure that a valid Commmissary License is obtained.

County of Commissary License: ___________________________________ Facility #: ______ _ _ ______ Commissary License Verified by: __________________________________ Date: _________________

COMMISSARY SERVICE VERIFICATION
Email: [email protected]
Appendix C
C-43
Attachment A

Environmental Health Services
847 NE 19th Ave Suite 350 l Portland, OR 97232 l mchealthinspect.org l Phone: 503.988.3400 l Fax: 503.988.5844 EHS-0018 3/9/16
6-402.11 Convenience and Accessibility.
(E) For mobile food units:
(1) On board toilet facilities are not applicable to most mobile food units. If the unit is not so equipped, then the mobile food unit must operate within one-quarter mile or a five-minute walk of an acc essible restroom facility. Mobile food units that operate on a designated route, and which do not stop at a fixed location for more than two hours during the workday, shall be exempt from this rule. (2) Mobile food units that do not provide on board restroom facilities under section (1) of this rule must have restroom facilities that will be accessible to employees during all hours of operation. The restroom facilities must have a hand washing system that provides potable hot and cold running water and meets the requirements of OAR 333-150-0000 §§ 6-301.11, 6-301.12, 6-301.20 and 6-302.11.

Employees may use a restroom located in a private home or a portable toilet to satisfy this requirement.

MOBILE FOOD UNIT: Facility # : _______________________
Name of Mobile Food Unit: ________________________________ Phone Number: __________________ _ Location (for more than 2 hours): _____________________________________________________________ Days of week/Dates the location will be used: ___________________________________________________ Business hours (at this location): _____________________________________________________________ _________________________________________________________________________________________ Street address City
Print Name of Mobile Food Unit Owner Signature of Mobile Food Unit Owner Date Mobile food units that are located at the same location for more than 2 hours or that provide any seating must have restroom facilities available. Please answer the questions below:

1. Is your mobile food unit at the same location for more than 2 hours? .......................................r Yes r No

2. Is customer seating provided at the mobile food unit? ....................................................................r Yes r No If your answer is yes to one or both of the above questions, a restroom facility must be available for your mobile food unit and you are required to provide the additional information requested below. (Complete a separate form if you will be at more than one location for more than 2 hours.) LOCATION OF RESTROOM FACILITIES:

Name of restroom location: _________________________________________________________________ Address: _________________________________________________________________________________ City: _______________________________________________ Phone number: ______________________ Hours that the restroom is available for use: ______________________________ ______________________ AUTHORIZATION TO USE RESTROOM FACILITIES:
________________________________________________________________________________________________ _________________________________________________________ ______________________ Printed name of person authorizing Mobile Food Unit restroom facilities use Signature of person authorizing Mobile Food Unit restroom facilities use Date

MOBILE FOOD UNIT RESTROOM REQUIREMENT FORM
Email: [email protected]
Appendix C
C-44
Attachment A

Environmental Health Services
847 NE 19th Ave Suite 350 l Portland, OR 97232 l mchealthinspect.org l Phone: 503.988.3400 l Fax: 503.988.5844 EHS-0032 3/9/16
MOBILE FOOD UNIT: ______________________________________ Facility #: ____________________ Location: _______________________________________________ Phone #: _____________________ Days of Week/Dates the Location will be used: __________________________________________________ Business Hours (at this location): _____________________________________________________________ ________________________________________________________________________________________ Mobile Food Unit: Wastewater Disposal Form
Mobile Food Units must dispose their wastewater according to municipal rules within the city they operate. Please contact the city to ensure you are in compliance with their requirements. Failure to dispose of wastewater correctly is grounds for closure.

Location of Wastewater Disposal Site:

Location: ________________________________________________________________________________ Address: ________________________________________________________________________________ City: ___________________________________________________ Phone #: ____________________ OR
If you use a sewage/wastewater pumper they must be licensed by the Oregon Department of Environmental Quality (DEQ)
Licensed Sewage Hauler: __________________________________________________________________ Phone #: ______________________ DEQ #: _____________________________________________ _______________________________________________________________________________________ To find out if your wastewater hauler is licensed, please contact the Oregon Department of Environmental Quality at 1-800-452-4011 or search online at: http://www.deq.state.or.us/wq/onsite/sdssearch.asp Street address City
Name of Mobile Food Unit Owner (Print) Mobile Food Unit Owner (Signature) Date Signature Person representing hauling company Date
Email: [email protected]
Appendix C
C-45
Attachment A

1 • VENDING CARTS ON PRIVATE PROPERTY

CIT Y OF PORTLAND, OREGON - BUREAU OF DEVELOPMENT SERVICES 1900 SW 4th Av enue, Po r tland, Oregon 97201 • 503-823-7300 • www .portlandoregon.gov/bds continued on reverse
31 Example of a vending cart positioned in the public
right-of-way that requires PBOT approval.

Vending Carts on Private Property
If you are considering purchasing, installing or using a vending cart, it is important to understand which Building and Zoning Code standards may apply. Factors such as the location of the vending cart, the type of vending cart, and the utility services used by the vending cart will determine what Building and Zoning Codes may apply and what permits will be required.

Vending cart detail Requirement
Location of vending cart Check requirements with Planning and Zoning. Portland Bureau of Transportation (PBOT) approval required if placement is to be in right-of-way.

Mobile vending carts of any length Associated development may require a zoning permit. Site built structures may require a building permit.

Mobile vending carts over 16’ in length Additional zoning restrictions apply. Check with Planning and Zoning.

Fixed vending carts Must meet all requirements of Zoning and Building Codes. Requires a commercial building permit and inspection.

Drive-through vending carts (mobile and fixed) Regulated by the Zoning Code. Check with Planning and Zoning.

Requires a commercial building permit and inspections.

Electrical work Requires an electrical permit and inspection. Electrical work must be performed by a licensed electrical contractor.

Water service and sanitary sewer installed Commercial plumbing permits and inspections are required.

Manufactured building used as a fixed vending cart Must have stamp or insignia of approval issued by the State of Oregon.

Installation requires a commercial building permit and inspections.

Propane use Portland Fire & Rescue requires an annual permit.

Portable Signs Sign regulations apply and a sign permit is required.

Vending carts selling food Require approval from the Multnomah County Health Department.

Location of vending carts
If you are considering a vending cart, your first step should be to decide on the location. The location of the vending cart determines which codes apply and what permits may be required.

The information in this handout is related to vending carts on private property.

If you are considering locating a vending cart in the public right-of-way (on the sidewalk), the Portland Bureau of Transportation (PBOT) must approve this. To contact PBOT, call 503-823-7002, or visit their Web site at www.PortlandOregon.gov/PBOT for more information.

If you are considering a location for a vending cart on private property, check to see if the zoning on the site allows retail uses. To research zoning on a particular property, go to www.PortlandMaps.com or call the Planning and Zoning information line at 503-823-7526.

What type of use is a vending cart?
Vending carts are a Retail Sales and Service use and are subject to all regulations regarding that use. Vending carts are also subject to the Zoning Code requirements for vehicles. Vending carts may have accessory uses such as storage, garbage enclosures, or bathrooms that are provided in structures.

Appendix C
C-46
Attachment A

2 • VENDING CARTS ON PRIVATE PROPERTY
Are Retail Sales and Service Uses on my property allowed? The uses allowed on a property vary based on the property’s zoning. Only some zones allow for retail sales and services uses.

Type of Zone Are Retail Sales and Service Uses allowed? Residential Zones
(R)- zones
No. RH and RX do have provisions for Retail Sales and Service uses but only as new floor area within a multi- dwelling development.

Commercial/Mixed Use Zones
(C)-zones
Yes in CM2, CM3, CE, and CX.

CR and CM1 limit the square footage of Retail Sales and Service uses. Hours of operation are also limited in the CR zone. Please check with a planner to determine if a new Retail Sales and Service can be developed on your site.

Employment Zones
(E)-zones
Yes
Industrial Zones
(I)-zones
All of the industrial zones have limits on the number of retail uses on a site. Please check with a planner to determine if a new Retail Sales and Service use can be developed on your site.

Campus Institutional Zones
CI)-zones
Yes in CI2.

CI1 limits the square footage of Retail Sales and Service uses.

IR allows Retail Sales and Service uses as accessory and if identified in the institution’s approved impact mitigation plan or conditional use master plan.

If carts are allowed by my base zone, where can I put them on my property? Vehicles are allowed on legally established parking or vehicle areas only. If new parking or vehicle areas are created, they must meet development standards including vehicle area limitations on frontage, placement and paving (33.266.130.C or 33.266.120), landscaping requirements (33.248), and any overlay zone or plan district standards. Vehicles can be allowed on nonconforming vehicle or parking areas if the areas were legally established. Parking areas must always be paved unless legally established without paving. Vehicle areas do not have to be paved.

What is the difference between parking area and vehicle area? Parking areas are areas where motorized vehicles are kept. If a car, truck, or any vehicle with an engine is kept in this area, it is a parking area. New parking areas always require landscaping and paving and must meet all of the development standards of 33.266.130 including striping, aisle width, paving, and landscaping. Additional standards may apply depending if the site is in an overlay zone or plan district.

Vehicle areas are areas where non-motorized vehicles are kept. Utility trailers can be kept in vehicle areas that do not have striping and aisle width requirements and that may or may not need landscaping and paving depending on the base zone, overlay zone, and plan district.

Are all types of vending carts allowed in all zones?
No. Some zones have restrictions on the types of vehicles allowed.

Vehicle Type Zones Allowed
Utility Trailer Allowed in all Commercial/Mixed Use (C), Employment (E) zones, Industrial (I), and Campus Institutional zones.

Light Truck Allowed in all Commercial/Mixed Use (C), Employment (E) zones, Industrial (I), and Campus Institutional zones.

Medium Truck Allowed in CE and CM3, and Employment (E), Industrial (I), and CI2 zones.

Heavy Truck Allowed in EG1 and EG2 and all Industrial (I) zones.

What type of vehicle is my vending cart?
Utility Trailers are vehicles designed to be
pulled by a motor vehicle that are used to
carry property, trash, or special equipment
and are 16 feet or less in length. Trailers
longer than 16 feet are Heavy Trucks.

Light Trucks are trucks and similar
vehicles with single rear axles and single
rear wheels.

Medium Trucks are trucks and
similar vehicles with single rear
axles and dual rear wheels.

Heavy Trucks are trucks, including
truck tractors, and similar vehicles
with two or more rear axles. Trailers
longer than 16 feet are Heavy Trucks.

Appendix C
C-47
Attachment A

3 • VENDING CARTS ON PRIVATE PROPERTY
Types of vending carts
Mobile vending carts
Mobile vending carts are on wheels. A building permit is not required for a mobile vending cart. A zoning permit may be required for development associated with the mobile vending cart, such as changes to an existing parking area, landscaping, and drive-through facilities.

Vending carts that are 16 feet or less in length are regulated in the Zoning Code as Utility Trailers. Vending carts over 16 feet in length, with or without wheels, are considered Heavy Trucks by the Zoning Code, and are not allowed in certain zones. See page 2 or call Planning and Zoning at 503-823-7526 for more information.

Fixed vending carts
Vending carts of any length that have had the wheels removed are considered buildings and are subject to Building and Zoning Code requirements. A fixed vending cart of any length is considered a building and is subject to setback, building coverage, ground floor windows, and other Zoning Code regulations.

A building permit is required for a fixed vending cart. Fixed vending carts are required to have a rest room facility located on the property, a person door at least 32 inches wide and 80 inches high, an accessible ramp, and an approved permanent foundation.

Garbage and recycling areas must be screened to the base zone standard and meet BES requirements for pollution prevention.

If plumbing fixtures are included in the vending cart, a connection to the sanitary sewer and domestic water
service will be necessary.

Additionally, electrical service, including permanently wiring the building and installing a permanently wired feeder next to the fixed vending cart, will be required.

Drive-through vending carts
Drive-through vending carts of any length, both mobile and fixed, are regulated by the Zoning Code. Drive-through facilities are only allowed in certain zones and plan districts in the City of Portland.

Drive-through regulations can be found in Chapter 33.224 of the Zoning Code. You may contact the Planning and Zoning information line at 503-823-2633 or visit
www.PortlandOregon.gov/BDS/index.cfm?a=93080 for more
information.

Vending Cart Pods
Vending cart pods need a Development Review (DR) permit to review zoning and utility requirements. If any permanent structures, such as restrooms or covered eating areas are proposed, these will need a commercial building permit. Please call or visit the Development Services Center for more information. Garbage and recycling areas must be screened to the base zone standard and meet BES requirements for pollution prevention.

Public health requirements
Vending carts providing food or beverages for public consumption must receive approval from the Multnomah County Health
Department. Multnomah County requires that all plumbing fixtures be connected to an approved drainage system (OPSC 304.0, 305.0 and 713.0). Visit the Multnomah County Health Department Web site at www.mchealth.org or call 503-988-3400 for more information.

ADA Requirements
All businesses are required to make themselves accessible to people with disabilities under the Americans with Disabilities Act (ADA) Title III guidelines. For more information visit http://adata.org/ publication/disability-law-handbook#Public Accommodations and the ADA.

Utility services to vending carts
Propane use
Portland Fire & Rescue requires an annual permit for vending carts that utilize propane for cooking.

Water service and /or sanitary sewer
A plumbing permit is required if a water service or sanitary sewer is installed. The plumbing must comply with the Oregon Plumbing Speciality Code.

Garbage and Recycling
Garbage and recycling areas must meet the Storm Water
Management Manual requirements. Contact Pollution Prevention for more information at 503-823-7122.

Electrical service
An electrical permit is required for electrical work. Work must be done by a licensed electrical contractor.

Manufactured buildings
Manufactured buildings that are being used as fixed vending carts must have a stamp or insignia of approval issued by the State of Oregon.

Vending cart signs
Vending carts are allowed one portable sign (A-board) per cart. The sign must comply with Title 32.30.030, Portable Sign Regulations. For more information on registering a portable sign, please call 503-823-2633.

Appendix C
C-48
Attachment A

4 • VENDING CARTS ON PRIVATE PROPERTY
Helpful Information
Bureau of Development Services
City of Portland
1900 SW 4th Avenue, Portland, OR 97201
www.PortlandOregon.gov/BDS
General Office Hours:

Monday through Friday, 8:00 am to 5:00 pm

BDS main number: 503-823-7300
Permit information is available at the following location:

Development Services Center (First Floor)
For hours call 503-823-7310
or visit www.PortlandOregon.gov/BDS
Permitting Services (Second Floor)
For hours call 503-823-7310
or visit www.PortlandOregon.gov/BDS
Important Telephone Numbers
BDS main number ................................................503-823-7300 DSC automated information line .........................503-823-7310 Building Code information ...................................503-823-1456 Zoning Code information ......................................503-823-7526 Permit information for electrical, mechanical,
plumbing, sewer and signs ...................................503-823-7363 Fire Bureau, propane permitting ..........................503-823-3712 BDS 24-hour inspection request line ....................503-823-7000 Portland Business License Tax ..............................503-823-5157 Bureau of Environmental Services ........................503-823-7093 Multnomah Co. Health Department .....................503-823-3400 City of Portland TTY .............................................503-823-6868 comm_vendingcarts 04/02/19
For more detailed information regarding the Bureau’s hours of operation and available services, visit our website at www.PortlandOregon.gov/BDS Visit our Web site
www.portlandoregon.gov/bds
Note: All information in this brochure is subject to change.

Appendix C
C-49
Attachment A

SIDEWALK K
Application Packet

VENDING CA ART
Mail
Phone
Fax
503-823-7002 opt ption
503-279-3969
Email
800
City of Portlan nd d
Bureau of Trans sp portation
Sidewalk Vendin ng
1120 SW Fifth Av Avenue Room
Portland OR 9720 204
5 sidewalkvending [email protected]
503-823-5185, City TTY 5 50 03-
1/22/2016
The Portland Bureau of Transporta ation fully complies with Title VI of the Civil R Rights Act of 1964, the ADA Title II, and related d statutes and regulations in all programs an nd activities.

For accommodations, complaints, a an nd additional information, contact the Title I II and Title VI Coordinator at Room 1204, 1120 0 SW 5th Avenue, Portland, OR 97204, or by y telephone 823-6868, or use Oregon Relay Service e: : 711
Appendix C
C-50
Attachment A

1 of 10

SIDEWALK VENDING CART REQUIREMENTS
WHAT IS A SIDEWALK VENDING CART?
City C
ode defines operating a sidewalk vending cart as sel ling any approved goods or services from an approved vending cart located within a fixed sidewalk area. Operating a sidewalk vending cart requires a permit from the City of Portland and it is unlawful to sell any goods or services on any public sidewalk within the City without a permit. Each individual sidewalk vending cart requires a separate permit. The permit fee is $75 per calendar year.

Vending cart permits are personal and are not transferable in any manner. Permits are issued by calendar year and expire at midnight, December 31 st of the year issued. You are required to renew
your permit by Dec 31st each year if you plan to operate your cart in the following year.

Sidewa
lk vending carts are covered in Section 17.26 of the City Code. Please check the City’s web site for further information at www.portlandonline.com

VENDING IN OTHER LOCATIONS
The Bureau of Parks and Recreation (503-823-2525) iss ues v ending permits for operating within City parks. If you seek a sidewalk vending permit for a location near a City park, the Bureau of Parks and Recreation may issue a permit for sale of a product that could be in direct competition with your product.

Vending on private property does not require a vending cart permit from the Office of Transportation. However, permits from the County Health Office, Portland Fire Bureau, the Bureau of Licenses, the Bureau of Development Services and/or a Nurseryman’s License may be required as appropriate. Please contact the appropriate authority for specific requirements.

APPROVED VENDING CART ITEMS & SERVICES
There are several pre-approved items for vending: the se i n clude food and beverages for
immediate consumption, fresh cut flowers, inflated balloons, jewelry, maps, shoe shining, and umbrellas. Requests to have a different item or service considered for approval shall be submitted, in writing, to the City Engineer who shall determine whether the item or service conforms to the criteria listed below. When choosing which item or service you wish to sell, keep in mind that consideration for approval is based on the following criteria. All items or services to be sold shall:
• Be vended from a regulation size vending cart;
• Not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk • Involve a short transaction period to complete the sale or render the service • Not cause undue noise or offensive odors
• Be easily carried by pedestrians
If the item or service does not conform, it shall be listed as prohibited for sale by sidewalk vendors. The decision of the City Engineer may be appealed to City Council.

Appendix C
C-51
Attachment A

2 of 10

CONTINUING RESPONSIBILITIES
While operating your sidewalk vending cart your responsibi lities as the sidewalk vending cart operator include:
• Providing a trash and/or recycling container for refuse. • Picking up any litter that is deposited by any person on the sidewalk or street within 25 feet of the place of conducting
• Not leaving the vending cart unattended on a sidewalk, nor allowing a vending cart to remain on the sidewalk between midnight and 6:00 a.m.

SPECIAL EVENTS
If you already have a current sidewalk vending permit you may apply for a permit to operate your
sidewalk vending cart during the Rose Festival parade or other major special event, as designated by the City Engineer. For an application or more specific information regarding a special event permit, please contact us at 503-823-7002 and select option 5.

Listed below are a few key points to keep in mind when considering a special events permit. • You must pay the permit fee of $20.00
• You must have the written consent of the property owners adjacent to the operating area • Application must be made at least five (5) working days prior to the event • The operating area must be on side streets adjacent to the parade or event • Temporary locations are valid only for the date and hours specified on the permit • All conditions of section 17.26 of the City Code remain in effect

REVOCATION OF PERMIT
The City Engineer or Designee may revoke or suspend the ve nding cart permit or may deny the
renewal of said permit if they find:
• The permittee has violated or failed to meet any of the provisions of chapter 17.26 of the Code of the City of Portland
• Any required permit has been suspended, revoked or canceled • The permittee does not have currently effective insurance that meets permit requirements Appendix C
C-52
Attachment A

3 of 10

SIDEWALK VENDING CART PERMIT APPLICATION

INSTRUCTIONS

1. Submit the following:
• Completed application form (page 4). To ensure a permit has not already been applied for or issued for the same location you are applying, contact Street Systems Management at 503-823-7002 and select option 5.
• Letter of consent from abutting property owner(s) providing approval to operate your sidewalk vending cart within the permit operating area you are requesting. Use the “Letter of Consent” form provided in this packet (page 5).
• Site plan of proposed location (page 6).
• Detailed isometric drawings (example page 8) and/or photos of proposed vending cart.

Samples of materials you plan to use in construction of your cart may also be submitted.

These will be forwarded to the Bureau of Development Services for design review.

Important: Obtain cart design approval before constructing or purchasing your cart. • Application fee. Enclose a $60 check payable to the City of Portland.

2. Submit the following upon completion of design review and site approval:
• Certificate of insurance and additional insured endorsement form (page 9 & 10).

Please note that an annual insurance review fee of $15 will be charged. • Business license or business license exemption information. Contact the Bureau of Licenses at 503-823-5157 for further information.
• Nurseryman’s license (if selling flowers or plants). Obtain your Nurseryman’s License from the State of Oregon, Agriculture Department at 503-986-4635. • Copy of Health Inspection (if selling food items). Obtain necessary food handler permits and health inspection certificates for your cart from the Multnomah County Health Department at 503-988-3400.
• Fire Inspection documentation. Food carts with cooking or heating equipment need to obtain an annual propane permit from the City of Portland Fire Marshal’s Office 503-823- 3712.

3. Arrange for a site inspection:

Call 503
-823-7002 and select option 5 to set an appointment for an inspection of your vending cart fully set up and ready for business. Upon completion of, and approval during, this final inspection, the permit fee of $75 and insurance review fee of $23.70 are due payable to the City of Portland for your annual permit. Your permit will be issued to you at the end of the final inspection and you are ready to open for business!
SUBMISSION: City of Portland
Sidewalk Vending Carts
1120 SW 5th Ave Suite 800
Portland, OR 97204

CONTACT US
If you have any questions or need further information, please phone 503-823-7002 and select option 5.

Appendix C
C-53
Attachment A

4 of 10

APPLICATION FOR SIDEWALK VENDING CART PERMIT
Application is hereby made for a revocable permit to operate a SIDEWALK VENDING CART in accord
ance with Chapter 17.26 of the Code of the City of Portland.

THIS AREA IS FOR CITY STAFF USE – DO NOT COMPLETE THIS AREA IS FOR CITY STAFF USE – DO NOT COMPLETE □ Letter of consent
□ Insurance Approval; Expires
□ Business License #
□ Application fee Receipt #
□ Design Review
□ Nurseryman’s License
□ Health Inspection
□ Fire inspection
□ Length Width Height
□ Awning Height Inside □ Outside □
□ Cart Area
□ Trash Receptacle
□ Total Area
□ Permit Fee Receipt #
I shall hold the City of Portland, its officers, agents and employees, and the adjacent property owner free and harmless from any claims for damages to persons or property including legal fees and costs of defending any actions or suits thereon, including any appeals therefrom, which may result from the granting of this permit.

Applicant Name (Print)
Applica
nt Signature Date
Location:

NW N / S NE
Name of north / south street of the intersection:

Name of
east / west street of the intersection: E / W
Circle (one) the quadrant of the intersection where you plan to vend: N

NW NE SW SE SW SE
Business Name:

Busines
s License #: Expiration Date:

Goods /
Services Sold:

Cart Owner Name:

Owner A
ddress:

City: State: ZIP:

Contact
Phone #:

Appendix C
C-54
Attachment A

5 of 10
Sidewalk Vending Cart Permit
Letter of Consent
Date
To Whom It May Concern:

This letter hereby authorizes
Owner of Vending Cart Name
To place a Sidewalk Vending Cart adjacent to my property located at the address This c
onsent shall run concurrent with the permit. If at a ny time the permit expires or is revoked, this consent shall be void.

The owner and operator of the vending cart is required to comply with all applicable sections of City and County Code, as well as the State Code (for Nurseryman’s permit). Failure to do so will cause the permit for said location to be revoked.

We understand this consent may be revoked in writing with the revocation to become final on December 31st of the same calendar year.

We und
erstand that, pursuant to Section 17.26.080 of th e C ity Code, no monetary compensation, either present or future is involved in the granting of this consent.

The vender agrees to hold harmless the property owner for any claims for damage to property or injury to persons, which may be occasioned by any activity in connection with the issuance of any Sidewalk Vending Permit.

Name – Property Owner
Signat
ure – Property Owner
Contact Address – Property Owner
Contact Telephone – Property Owner
Signature – Owner of Vending Cart
Address – Owner of Vending Cart
Telephone – Owner of Vending Cart
Appendix C
C-55
Attachment A

6 of 10

SITE REQUIREMENTS FOR VENDING CARTS

1. Vending carts are only allowed in commercial zones.

2. No food vendor application can be accepted for a permit operating area where a restaurant, fruit stand or coffee shop with direct access to the sidewalk is within 100 feet on the same block face, except with the written consent of the proprietor of the restaurant, fruit stand, or coffee shop.

3. No flower vendor application can be accepted for a permit operating area where a flower shop, with direct access to the sidewalk, is within 100 feet on the same block face, except with the written consent of the proprietor of the flower shop.

4. A permit operating area is the sidewalk from the midpoint of one block face to the midpoint of an adjacent block face (see page 3). One person may not have permits for adjacent permit operating areas.

5. The immediate operating area cannot exceed (24) twenty-four square feet of the sidewalk.

6. The site shall not be within (10) ten feet of the intersection of the sidewalk with any other sidewalk (as diagramed below).

7. The site shall not be within (8) eight feet of the adjacent property line (as diagramed below).

8. The site shall not be within (10) ten feet of the extension of any building entrance or doorway, to the curb line (as diagramed below).

9. The site shall not be within (10) ten feet of any parking space designated as “disabled”, or access ramp.

EXAMPLE SITE PLAN
SIDEWA

LK VENDING
STREET
NAME
STR

EET SIGN

STREET NAME

STREET LIGHT
Appendix C
C-56
Attachment A

7 of 10

DESIGN REQUIREMENTS FOR VENDING CARTS

BUREAU OF DEVELOPMENT SERVICES DESIGN REVIEW GUIDELINES The B u
reau of Development Services staff will review th e s idewalk vending application to determine if the proposed design will enhance the attractiveness of the pedestrian environment in the commercial zones of the City and whether it is of good composition, materials and colors.

Review will be based on the following design guidelines:

1. Design, materials, and colors are to be well crafted and considerate of the immediate surroundings of the proposed installation.

2. Graphics and sign shall be appropriate to the size of the cart and for the immediate surroundings. Typical sign area approved is up to (4) four square feet total, not including menu boards which are typically temporary and/or not permanently affixed to the cart.

3. Umbrellas or canopies shall have a minimum clearance of (7) seven feet and a maximum height of (9.5) nine feet six inches above the sidewalk.

4. Umbrellas or canopies may not exceed (40) forty square feet in area.

5. Wheels located under the cart are preferred (such as casters). Projecting wheels must have fenders.

6. Hitches attached to the cart must be removable and detached during operation hours.

7. Propane tanks must be attached to (or within) cart and the cart must allow for adequate ventilation and screening of the tank.

Submission for Review: The applicant shall submit the following for review:

1. One (1) isometric drawing (example page 8) 2”=1’ in color of at least two views showing all four sides of the proposed vending device and any logos, printing or signs which will be incorporated in the design. (For existing vending devices, 5” x 7” color photos may be substituted for the above-described drawing.)

2. A site plan drawing (2”=1’ or ¼ “= 1’) showing vending cart location in relation to fixed elements of sidewalk (example page 6). Site diagram to include street names, identify where vending cart will be located, identify fixed elements in sidewalk, include measurements of your site:
• To sidewalk intersection
• To adjacent property line
• To building entrance
• To disabled parking or access ramp

3. Any additional items (e.g., color and material samples, layouts of sign and graphics, or photographs) which are necessary in order to clearly visualize the proposed design.

All items (drawings, discs, and photos) are non-returnable.

For further information, call the Urban Design Section of the Bureau of Development Services at 503-823-7300.

Appendix C
C-57
Attachment A

8 of 10

DESIGN REQUIREMENTS

1. No external power, piping or plumbing is allowed. The cart must be entirely self contained.

2. The length of the mobile device or pushcart cannot exceed (6) six feet.

3. The height of the mobile device or pushcart, excluding canopies, umbrellas, or transparent enclosures, cannot exceed (5) five feet.

4. Umbrellas or canopies shall have a minimum clearance of (7) seven feet and a maximum height of (9.5) nine feet six inches above the sidewalk.

5. Umbrellas or canopies may not exceed (40) forty square feet in area.

6. Design, materials and colors are to be considerate of the immediate surroundings of the proposed location.

7. Graphics and sign shall be appropriate for the immediate surroundings and to the product being sold and shall conspicuously post the price of all items sold.

8. The vending cart shall meet all requirements needed to obtain permits from Multnomah County Health Department and Portland Fire Bureau.

EXAMPLE ISOMETRIC DRAWING
Drawing must show colors and logos
Awning
H
eight
Height
Length
Width
Scale must be 1” = 2’ or larger
Appendix C
C-58
Attachment A

5 S:\MISCPMT\Vending\Form\2007\VENDING PACKET updated 07- REVISED- with isometric.doc The Do’s
Examples of well-designed sidewalk vending carts.
umbrell
a
high-quality
wood ma
terials
spoke wheels
canopy
well-cr
afted,
creative design
caster wheels
umbrell
a
fenders
spoke wheels that sit
tightly
up against cart
playful graphics

caster wheels
canopy
propane tank
contain
ed within cart
high-quality
constru
ction spacious cart holds
all equ
ipment
spoke wheels
caster
wheels
Appendix C
C-59
Attachment A

6 S:\MISCPMT\Vending\Form\2007\VENDING PACKET updated 07- REVISED- with isometric.doc The Don’ts
Examples of design features that are discouraged.

Propane tank
not en
closed
poorly crafted design
and low-quality
materials
hitch has not
been re
moved
vehicle-type wheels
grill i
s separately
attached and not
contained within cart
vehicle-type wheels
tail light has not
been re
moved
accessory
equipme
nt on
sidewalk
wash buckets not
securel
y attached
to outside of cart
accessory
equipme
nt on
separate shelving
unit outside cart
propane tank
on side
walk
Appendix C
C-60
Attachment A

Utilities, Construction & Inspection – Insurance & Bonding

Insurance requirements for street and sidewalk use permits: The City of Portland requires the following two documents for Street and Sidewalk Use Permits. The certificate and endorsement must be approved by the City Attorney before a permit can be issued. Please allow six (6) business days for processing.

1. A Standard Certificate of Liability Insurance: The insurance certificate is intended to protect the public from any liability it may incur as a result of granting the requested permit. Certificate shall contain the following:
• City of Portland named as the Certificate Holder with following address:

City of Portland
Utilities, Construction & Inspection
1120 SW 5th Ave – Room 825
Portland OR 97204
• Minimum Coverage Requirements for Liability Insurance:
o Per Occurrence coverage not less than $1,000,000 (one million dollars) per occurrence. o General Aggregate coverage not less than $2,000,000 (two million dollars). • Notification of Cancellation:
o The City of Portland requires 30 (thirty) days written notice from the insurance company prior to cancellation of the policy.
• In the “DESCRIPTION OF OPERATIONS...” section of the certificate:
o Indicate the type of permit requested (Street/Lane/Sidewalk Closure, Street Opening, Sewer Connection, Banner, Sidewalk Café, Vending Cart, Community Event, Block Party). o If the insured seeks a permit for a location/locations that are different than the Insured’s address on the certificate, the location(s) must be listed.
o If the insured continuously seeks permits for varying locations and dates, you may indicate “All Operations”. Do not list each permitted location/date. If you do, a new certificate and endorsement will be required for each.
o Include the following language: “The City of Portland is an additional insured per attached [insert name of endorsement] endorsement”. (See section # 2 for endorsement requirements.)

2. An additional insured endorsement form: The City of Portland accepts endorsements referring to permits and state or political subdivisions:
• The City of Portland must be listed in the schedule section of any endorsement where one is included. • The policy number on the certificate and on the endorsement must be an exact match. • The following endorsements are accepted:
o Street and Sidewalk Use Permit Endorsement or
o CG 20 12 07 98; “Additional Insured - State or Political Subdivisions – Permits” or o An endorsement equivalent to the CG 20 12 07 98 endorsement

Questions and Submissions:

Phone: 503-823-7142 E-Mail: [email protected] Fax: 503-865-3427 Mail: Please mail to the Certificate Holder Address above.

Appendix C
C-61
Attachment A

12/8/2009
City of Portland Street and Sidewalk Use Permit Endorsement This Form to be Attached to Permittee's Certificate of Insurance

INSURED:

AFFORDING CO:

POLICY NUMBER:

EFFECTIVE:

The policy shall bear also the following endorsement:

"Without prejudice to coverage otherwise existing herein, the City of Portland, its offic
ers, agents, and employees are included as additional insureds under this policy as to any claim or claims for injury to person including death, or damage to property, resulting from or growing out of the operations of the permittee within the City of Portland, Oregon."

"It is understood and agreed that this policy shall not terminate or be canceled without first
giving thirty (30) days written notice of intention to terminate or to cancel said policy to the City of Portland, Street Systems Management, 1120 SW 5 th Ave Rm 825,
Portland, Oregon 97204."

Notwithstanding the naming of additional insureds, the said policy shall protect each insur
ed in the same manner as though a separate policy has been issued to each; but nothing herein shall operate to increase the insured's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insured would have been liable if only one person or interest had been named as insured. The coverage applies as to claims between insureds on the policy. This endorsement assures that the policy complies with the terms and conditions of the named insured's permit with the City of Portland."

Authorized Insurance Representative Signature
Date

Name & Address of Certificate Holder: City of Portland
Street Systems Management
1120 SW 5th Ave. Rm 825
Portl
and OR 97204
Appendix C
C-62
Attachment A

Fire M
arshal’s Office
Austin
Fire Department
6310 Wilhelmin
a Delco Drive
Austin,
Texas 78752

FIREPREVEN
TION@AUSTINTE
XAS.GOV

DECEMB
ER 1, 2020
Mobile Food Vending Uni
t Checklist

While t
his list cannot possibly cover every scenario or type of mobile vending unit, The
Austin Fire
Department provides the following guidelines as a tool to ensure all mobile vending
units meet the same minimum requirements. While t
his list may not be all
inclusive of
every fire safety requirement, it should be used as a gu ide to ensure your
vehicle
meets the minimum requirements. Prior to h
aving your unit inspected, please
ensure th
at your mobile vending unit has met these conditions.

Location of Mobile
Units:
 Units shall n
ot be closer than 20 feet to any structure.
 All Mobile Units mu
st remain at least 15 feet a
way from any fire hydrant.
 Mobile
Units shall not block access to a Fire Department Connection (FDC).  Mobile
Units shall n
ot obstruct any entrances or exits from a struct
ure.
 Exits of m
obile units shall not ob
structed.

Electrica
l:
 Mobile
Units shall not use electricity from a nearby structure.  No excessiv
e use of extension cords.
 Breaker bo
xes and junction boxes shall have proper cover.
 All wiring
must be in conduit.
 Improper u
se of electrical accessories and o
verloading of circuits prohibited.

Propane Cylinders:
 A maxim
um of two – 100 lb propane
cylinders are allowe
d. One is all
owed for
use and
one as a spare. The cyli
nders cannot be manifolded together.
 Propane
cylinders need t
o be requalified every 12 yrs. A
current date of
manuf
acture if new or requalification stamp is required on all cylinders.

Propane Cylinder Location:
 Propane
cylinders ( Including spa
res) shall no
t be located:
o On rear bu
mpers, on exte
rior sides of ve
hicle, or roof
s
Appendix C
C-63
Attachment A

o Below the lowe
st part of the vehicle frame
o Inside improperl
y vented or unvented trunks or be
ds of vehicles
o Inside passeng
er compartments of vehicle
s
o On ground
.

 The propane
storage compartm
ent shall be ventilated with at least two vents(one
top of co
mpartment and on
e bottom of compartment), each vent h
aving an
aggrega
te area equ
al to at least .5 square inch
es for each
7 lb of the total
propane
fuel capacity of the maximum number of the largest cylinders the compartm
ent can hold.
 Vendo
r will be required to have propane
cylinders on vehicle to demonstrate how
cylinde
rs are secured to vehicle. Propane
cylinders must be secured as to
prevent
propane bottle from leaving mount or cage in the event of vehicle crash or rollo
ver.
 The reli
ef valve discharge f
rom the propane cyli
nder shall not be less than 3 ft
measured
horizontally along the surface of the vehicle to:
o Openings in
the vehicle
o Propane b
urning appliance intake or exhau
st vents
o All internal com
bustion engine exhaust terminations

Propane Cyli
nder Equipment :
 All cooking ap
pliances shall be listed for use with propane.
 Propane
piping cann
ot be located on sides, rear or roof
of unit.
 All app
liances must be properly modified
for use with p
ropane.
 Applian
ces required
to be vented (by the Manuf
acturers recommen
dations,
usually
greater than 40,000BTUs) must be converted for use w
ith propane by a
Master Plum
ber licensed by the Texas Railroad Commission. Documentation of proper con
version by a plum
ber must be
provided at the time of in
spection.
 Piping syste
ms, including fittings a
nd valves shall comply with NFPA 58
 Maximu
m of 60 inches of metal flex hose
allowed for each appliance to connect
to the p
ropane hard pipe.
 Metal flex hose m
ust not penetrate through walls, floor or ceiling to the interior of the veh
icle. Rigid pipe m
ust be used to penetrate solid assemblies.
 Piping sha
ll be tested annua
lly at not
less than 3 psig for 10 minutes before
applia
nces are connected and at system pressure after connection by a license d
LP Gas technicia
n. Documenta
tion of test, within 90 d
ays of inspection, must be
provided a
t time of inspection and must include:
o Must prov
ide original document at inspection. (Not a copy)
o Pressure and
duration of test
o Name, ad
dress, license number and phone number of technicia
n
perform
ing test.
o License plate
number of mobile vending unit

 Documenta
tion must include date of test, pressure and duration of test, name and license
number of technician, and license number of vehicle.
 Manual sh
utoff valves o
n gas lines are requir
ed at the p
oint of use(the applia
nce)
and at
the supply.

Appendix C
C-64
Attachment A

Fire Extinguis
hers:
 Each Mob
ile Unit will be required to have a proper fire extinguisher in side their
vehicle
(2A10B
C fire extinguisher).
 Each fir
e extinguisher will need to be mounted in a conspicuous location where it can be locate
d quickly.
 Each fir
e extinguisher will need to be serviced annually and ma intain a current
tag conf
irming its status.
 Mobile
units using a deep fryer will be required to have a Class K fire extingu
isher in addition to the 2A10BC.
 Solid f
uel appliances with a
fire box are required to have one 2.5 gallon or two

1.5 gall
on K type extinguishers.

Appendix C
C-65
Attachment A

 



 

























 








 


















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PURPOSE:

The intent of this ordinance is to regulate mobile food establishments most often trailers located in parking lots or vehicles that drive from one location to another.

ORDINANCE REFERENCES:

Specific ordinance requirements can be
found in Section 25-2-812 of the City Code.

HOW THE MOBILE FOOD

ESTABLISHMENT APPLICATION
PROCESS WORKS:

1. The establishment of the additional
regulations governing the hours of
operation and location of mobile food
establishments will apply to the
boundary of the applying neighborhood
association or neighborhood plan
contact teams. (See the cover letter
contained in this packet). The open
period to submit applications will be
during the month of February in the
calendar year in which you are applying.

For areas with an adopted
neighborhood plan, the application must
be submitted by the neighborhood plan
contact team chair or by an officer of the
neighborhood association if there is no
official contact team. For areas without
an adopted neighborhood plan, the
application must be submitted by an
officer of the neighborhood association.

2. Please go to this link
to verify if your
neighborhood is within the boundaries of
an adopted neighborhood planning
area.

DEADLINE:

Applications must be received by the las t
day of February in the calendar year in
which you are applying. Appl
ications may
be hand delivered to the Planning and
Zoning Office at 505 Barton
Springs Road,
5th Floor or returned via the U.S. Postal
Service to Planning and Zoning
Department, Attn: Maureen Meredith, P.O.

Box 1088, Austin, TX 78767. Office hours
are 8:00 a.m. – 5:00 p.m., Monday – Friday.

If mailed, applications must be postmarked
by the last day of February in the calendar
year in which you are applying.

SUBMITTAL REQUIREMENTS:

Refer to application and submittal checklist.

An incomplete application will not be
considered for inclusion in this round of
applications. If an incomplete application is
submitted before the end of February, staff
will attempt to contact the neighborhood
representative listed on the application.

However, materials not included in the initial
application submittal will not be accepted
after the last day of February in the calendar
year in which you are applying.

QUESTIONS:

Any questions regarding the Mobile
Food
Establishments Application should be
directed to Planning and Zoning
Department staff Maureen Meredith
at
(512) 974-2695 or by email at
[email protected].

Appendix C
C-66
Attachment A

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Mobile Food Establishments

APPLICANT SUBMITTAL CHECKLIST
❏ 1. A completed copy of the Mobile F ood Establishment Amendment application. ❏ 2. An official certification of the action ta ken by the association or contact team on the mobile food issue that includes the notarized signature of the authorized officer of the association or chair of the contact team. (Fill out the area on the following page with a notary public to complete this requirement.)
❏ 3. A hard copy of the meeting minutes that describes the vote on the mobile food establishment issue.
❏ 4. A hard copy of the neighborhood association or neighborhood plan contact team bylaws. ❏ 5. A hard copy of the notice of the m eeting at which the vote was taken. ❏ 6. A brief statement of the proce ss by which the notice was issued. ❏ 7. A thumbnail map of your neighborhood association or adopted neighborhood planning area boundaries. (We suggest using the Official Neighborhood Planning Map to print out a map of your area and then highlight yo ur neighborhood association OR planning area boundaries.)
Please Mail the Above Materials To:
(Deadline: Last day of February in the calendar year in which you are applying) City of Austin
Planning and Zoning Department (PAZ
)
Attention: Maureen Meredith
P.O. Box 1088
Austin, TX 78767
Appendix C
C-67
Attachment A

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Mobile Food Establishments

AMENDMENT APPLICATION
February _______
(enter year)
The purpose of this application is for t he below named Neighborhood Association or Neighborhood Plan Contact Team to recommend to the Austin City Council that additional regulations be put in place to govern the hours of operation and location of mobile food establishments.

1. Name of Neighborhood Association or Contact Team
____________________________________________________________________________ Please Note: A Neighborhood Association or Neighborhood Plan Contact Team must be registered with the City of Aust in Public Information Office: http://www.austintxas.gov/cr

2. Location: Describe the general boundary covered by the neighborhood association or neighborhood planning area boundary. Also, please a ttach a thumbnail map of your planning area or neighborhood association boundaries.
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

3. Name of Neighborhood Association Officer/Office or Contact Team Chair:
____________________________________________________________________________

4. Mailing Address of Officer/Chair:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

5. Mailing Address of Association (if different):
____________________________________________________________________________ ____________________________________________________________________________

6. Phone # of Officer or Chair (please include area code):
))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))) Appendix C
C-68
Attachment A

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QUESTIONS: The following questions refer to the official vote taken by the Neighborhood Association or Neighborhood Plan Contact Team as it relates to the Mobile Food Establishments Ordinance.

1. Was the vote taken in accordance with Association’s or Contact Team’s bylaws? ❏ Yes ❏ No
If No, please explain why and how the vote was taken:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

2. Provide the results of the vote:

For: ___________ Against: ___________
Total # of eligible votes: _________________

3. Outreach and Notification of Meeting: A contact team or neighborhood association is required to notify all persons in their neig hborhood of the meeting to vote on action being taken on the Mobile Food Establishment Ordinance.
❏ Please provide a HARD COPY of the meeting notice
Below or on a separate page, please explain how and to whom the notice of the meeting, at which the vote was taken, was provided:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

4. Are you aware of other Neighborhood Associations that have overlapping boundaries with the Neighborhood Association referred to on this application? ❏ Yes ❏ No
If yes, identify the overlapping Association
____________________________________________________________________________ Have attempts been made to contact these Associations? ❏ Yes ❏ No If yes, do other associations favor inclusion on the map? ❏ Yes ❏ No Appendix C
C-69
Attachment A

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OFFICIAL CERTIFICATION OF APPLICATION
To be completed by a notary public:

I, _______________________________________, as an officer or representative of a registered City of Austin nei ghborhood association or neighborhood plan contact team, called ____________________________________________ hereby certify that all the information provided in this application packet is correct and that I am an authorized officer of our neighborhood association or planning area contact team. Additionally, the vote taken on the Mobile Food Establishments Ordinance
was conducted according to our contact team or
neighborhood association bylaws.

On this, the ________day of __________, 20____, before me a notary public, the undersigned officer, personally appeared ____________________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

In witness hereof, I hereunto set my hand and official seal. ___________________________________
Notary Public
Appendix C
C-70
Attachment A

Revised: 10/15/2020 Page 1 of 6
www.SurveyMonkey.com/s/EHSDSurvey NO HOME- PREPARED FOODS ALLOWED

FOR OFFICE USE
Received: ___________ Paid On: ___________ Check #: ___________ Amount: ___________ Receipt ___________ Initial: ___________ Issue On: ___________ Expires On: ___________ Permit: ___________ Juris: COA / TC / ILA

AUSTIN PUBLIC HEALTH
ENVIRO

NMENTAL HEALTH SERVICES DIVISION
P.O. BOX 142529 Austin, TX 78714
Phone
(512) 978-0300 Email: [email protected]
Web Address: http://www.austintexas.gov/ehsd
Walk-in Location: 1520 Rutherford LN, NE corner of Rutherford LN @ Cameron RD, Building 1 East Entrance (Not a Mailing Address) Applications are only accepted at walk-in location on Tuesdays and Thursdays from 7:45 a.m. to 11:00 a.m.

Mobile Food Vendor: Operational Permit Application
Multiple application submissions are required when operating across jurisdiction lines.

Permi
t Information Incomplete applications will not be processed and will be returned.

Permit Type:
Restricted (pre-packaged foods)
Unrestricted (open foods) Sales Tax ID: ________________________ Type
(s) of Food: ____________________________________________________________________________________________________ Ope r
ation Area:
Austin (inside city limits)
Travis County (unincorporated)
ILA: _______________ Mobile Vending Unit Name: ______________________________________________________________________________ Mailing Address: _______________________________________________________________________________________ For Renewals Stree t City State Zip Code
Mobile Unit Information Permi ts are not transferrable.

Unit Type:
Motor Vehicle
Pushcart
Trailer
Kiosk
Foot Peddler
Other: _____________________ Mak
e: ____________________ Model: _________________________ Year: _______________ Color: _________________ Lice
nse Plate: __________________________ State: ________________ VIN: __________________________________________ Business Information Print full legal names as they would appear on a Government Issued Photo ID(s).

Business Owner Name: __________________________________________ Phone Number: _______________________ (###) ### - ####
Business Type:
Corporation
Partnership
Proprietorship
LLC Email Address: _______________________________ Email addresses are not distributed. (Internal use only) Bus.

Owner Date of Birth: _____________________ Gov. Issued ID: _________________________________ MM / DD / YYYY ID Number State Responsible Party: ___________________________________________ Phone Number: __________________________

List an Additional Responsible Party (if applicable) (# ##) ### - #### Resp. Party Date of Birth: _____________________ Gov. Issued ID: _________________________________ MM / DD / YYYY ID Number State Certified Food Manager (CFM): ____________________________________ CFM Date of Birth: _____________________

Assigned to only this Mobile Vending Unit (if unrestricted) MM / DD / YYYY **** Please Attach a Clear Copy of a Valid Government Issued Photo ID of ALL applicants ***

Fee Information: Note: Refund requests will not be honored after 180 days from date of payment.

City of Austin (Contracted Municipalities*)
Permit Fee (Unrestricted) $290.00
Permit Fee (Restricted) $212.00
Application Fee $105.00
Fire Inspection (if applicable) $257.00

Travis County (Unincorporated)
Permit (Unrestricted) $273.00
Permit (Restricted) $198.00
Fire Inspection (if applicable) $125.00

* Not limited to Bee Cave, Lakeway, Manor, Pflugerville, Rollingwood, Sunset Valley, Volente, Westlake Hills

Payment Forms Accepted: Cash, Check, Money Order, Visa, MasterCard, Discover, AMEX

Make
checks and money orders payable to: Austin Public Health Credit cards not accepted for Travis County payments.

_______________________________________________________________________________________________________________________ Applicant's Signature Print
Name Date
I acknowledge that all information supplied above is true and correct to the best of my knowledge and belief. I further acknowledge that the permit, for which I am applying, is subject to all provisions of the order
s and ordinances of Austin & Travis County, and all of the provisions of the codes, statutes and rules adopted under the codes and statutes of the State of Texas governing food establishments.

Appendix C
C-71
Attachment A

Revised: 10/15/2020 Page 2 of 6
www.SurveyMonkey.com/s/EHSDSurvey NO HOME- PREPARED FOODS ALLOWED

Mobile Food Vendor Responsibilities

1. Operation: Adhere to state and local rules/ordinances governing mobile vending operation at all times. Appropriate permit must be obtained. Temporary event permits cannot be used in lieu of mobile food vendor permits without department pre- authorization.

2. Expanded Operation: Mobile Food Vendors who expand their operations outside of their permitted mobile unit may apply for a temporary permit as long as their mobile food vending permit is both current and for the appropriate jurisdiction.

3. Home Prepared Food: Do not serve food prepared at a home to the public.

4. Jurisdiction: Multiple permits are required in order to operate in more than one jurisdiction. Each jurisdiction requires a separate permit. Jurisdictions serviced by this Department are City of Austin, Unincorporated Travis County, Sunset Valley, Manor, Bee Cave, Lakeway, Rollingwood, Volente, and Westlake Hills.

5. Food Manager/Food Handler: Post/Maintain at least one (1) employee’s original, valid City of Austin Food Manager Certificate at all times on Unrestricted Units. Maintain documentation showing all other employees have completed a state approved Food Handler Training Course within the last two (2) years.

6. External Equipment: Do not use external equipment. All equipment MUST be located within or on the mobile unit at all times, including propane tanks. Have the equipment properly enclosed at all times.

7. Central Preparation Facility: Use your Registered Central Preparation Facility (CPF) to service your unit. The mobile vendor’s owner must also possess a separate, valid Food Establishment permit at the CPF location in order to prepare or handle food at the CPF. Maintain a CPF log sheet, documenting all visits to the CPF. The Health Department may request a review of the CPF log sheet at any time.

8. Refrigeration & Heating: Units must contain adequate hot & cold food storage facilities to maintain food at the required temperatures so that hot foods are held at 135oF or above and cold foods are 41oF or below. Mech anical temperature control
equipment is required for holding time/temperature control for safety foods.

9. Thermometer: Provide metal stem dial thermometers with a range of 0-220oF and accurate to +/- 2oF in order to monitor food tempe
ratures. Place additional thermometers in all refrigeration/cold-hold units.

10. Labeling: Properly label all pre-packaged, self-service food items offered in adherence with the Texas Food Establishment Rules requirements.

11. Mobility: Maintain a state of mobile readiness at all times. The health authority may prohibit alteration, removal, attachments, placement or change in, under, or upon the mobile food establishment that would prevent or otherwise reduce ready mobility.

Ready mobility means quickly, without hesitation, and effortlessly movable. Tires must be inflated and wheels may not be removed from mobile vending unit.

12. Utilities/Water: Do not attach permanent utilities (i.e. plumbing, gas, electrical, water) to the unit. Do not attach a permanent water supply to the unit. Use food grade hoses for potable water tank refilling.

13. Holding Tanks: Install permanent, properly sized holding tanks for fresh water and wastewater in each unit. Tanks must allow valve access to the exterior of the unit for operators to empty/fill the tanks. Ensure that emptying and/or filling the tank does not contaminate the ground surfaces or the mobile unit. Fresh water tanks must hold 30 gallons or larger. Wastewater tank must be 15% larger than the fresh water tank.

14. Hot & Cold Water: Maintain a safe and secure water supply for Unrestricted Units. Hot and cold water must be available under pressure for immediate use to all sinks at all times of operation.

15. Handwashing: Supply Soap, Single Use Towels and Hot Water to hand sinks at all times.

16. Zoning: For units operating within the Austin city limits, contact City of Austin Planning and Zoning (PAZ) and Right-of-Way (ROW) departments to determine if the city approved the site for vending.

Refun
d Policy

City of Austin: Applications submitted for operation within the City of Austin and Contracted Municipalities may be eligible for a refund of the permit fee, if the department did not issue a permit. The refund applies to permit fees only and does not extend to application or fire inspection fees.

Travis County: Applications submitted for operation within Travis County are not eligible for a fee refund.

_______________________________________________________________________________________________________________________ Applicant's Signature Print
Name Date
I acknowledge that all information supplied above is true and correct to the best of my knowledge and belief. I further acknowledge that the permit, for which I am applying, is subject to all provisions of the order
s and ordinances of Austin & Travis County, and all of the provisions of the codes, statutes and rules adopted under the codes and statutes of the State of Texas governing food establishments.

Appendix C
C-72
Attachment A

Revised: 10/15/2020 Page 3 of 6
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AUSTIN PUBLIC HEALTH

ENVIRONMENTAL HEALTH SERVICES DIVISION
P.O. BOX 142529 Austin, TX 78714
Phone (512) 978-0300 Email: [email protected] Web Address: http://www.austintexas.gov/ehsd
Walk-in Location: 1520 Rutherford LN, NE corner of Rutherford LN @ Cameron RD, Building 1 East Entrance (Not a Mailing Address) Central Preparation Facility (CPF) Contract
This document is completed by the owner or responsible party on file of the Central Preparation Facility (CPF). Only originals dated
within 30 days of submittal may be accepted. The purpose of this document is to verify that an agreement exists between the Mobile Food Vendor and the operator of the registered CPF which allow the Mobile Food Vendor to utilize the CPF facilities in a manner consistent with all Austin Public Health rules, regulations and guidelines. Under the terms of this agreement the CPF operator must adhere to the following requirements:

• Maintain a current & valid Fixed Food Enterprise (FFE) permit. • Provide adequate/approved waste disposal facilities for handling waste water disposal, oil/grease disposal, trash disposal, and all other necessary waste disposal (including adequately sized grease trap). • Provide a sanitary area for distributing potable water to mobile units. • Allow the mobile vendor to bring the unit to the establishment for servicing as often as needed. • Provide sanitary adequate food storage facilities for dry goods and items requiring temperature control. • Allow foods to be held/stored overnight at CPF under approved sanitary conditions. • Provide additional storage for equipment and supplies used by mobile vendor (if needed)

Mobi
le vendors utilizing this CPF may not engage in any food preparation at the facility unless the mobil
e vendor has obtained an additional Food Establishment Permit for this location.

I ___________________________________________ have read and understand the items of responsibility listed CPF Owner / Responsible Party (Print)
above and agree to comply with all of the requirements. I give permission to ___________________________________ Mobile Vending Unit Owner/Operator (Print)
of ____________________________________ to use my establishment, ____________________________________ Mobile Vending Unit Name (Print) Name of CPF (Print)
located at ____________________________________ as a Central Preparation Facility for the mobile vending unit.

Address of CPF (Print)
I understand that any health violations of the vendor found at this establishment can be included on the health inspection for this establishment.

CPF Owner Phone: ___________________________
(###) ### - ####

Notary Verification for Austin/Travis County

To be signed in the presence of the Notary after completion of form.

Signature: ____________________________________________________________ Date: ____________________ Signa ture of Central Prep Facility Owner or Responsible Party MM/DD/YYYY

Before
me on this date, ____________, personally appeared, ___________________________________________, MM/DD/YYYY Central Preparation Facility Owner or Responsible Party (Print) owner or responsible party of, _____________________________________________, known to me (or proven to me) to Name of Central Preparation Facility Establishment (Print) be the person whose name is subscribed to the above “Central Preparati on Facility Contract.” Name of Notary: ___________________________________________ Expiration: _____________________________ Name of Notary Public, State of Texas (Print) Notary Commission Expires (MM/DD/YYYY)

Notary Signature: _____ ______________________________________ Notary Seal:
______
_______________________
Ink Stamp Only

Appendix C
C-73
Attachment A

Revised: 10/15/2020 Page 4 of 6
www.SurveyMonkey.com/s/EHSDSurvey NO HOME- PREPARED FOODS ALLOWED

AUSTIN PUBLIC HEALTH

ENVIRONMENTAL HEALTH SERVICES DIVISION
P.O. BOX 142529 Austin, TX 78714
Phone (512) 978-0300 Email: [email protected] Web Address: http://www.austintexas.gov/ehsd
Walk-in Location: 1520 Rutherford LN, NE corner of Rutherford LN @ Cameron RD, Building 1 East Entrance (Not a Mailing Address) Central Preparation Facility (CPF) Certification
For CPF(s) located outside Austin/Travis County
Any vendor that applies for an Austin Public Health Mobile Vending Permit and intends to use a CPF outside the Austin/Travis County jurisdiction must submit this form. The Health Authority overseeing the CPF’s operations must complete the form. ____________________________________________________
CPF Food Establishment Name
____________________________________________________
CPF Food Establishment Permit Holder or Responsible Party ____________________________________________________
CPF Food Establishment Address
______________________ ______________________
CPF Permit Number CPF Permit Expiration

I certify
that the CPF Food Establishment listed above is currently approved in my jurisdiction to operate as:

Please initial all that apply

_______ Food Establishment

_______ Central Preparation Facility

Please check one

_______ This facility is approved for wastewater disposal.

_______ This facility is not approved for wastewater disposal. * Grease trap pumping service agreement must be provided with a frequency rate that meets or exceeds Mobile Vending Unit’s waste production. *

___________________________________________ ___________________________________________ Name of Health Officer/Authority (Printed) Name of Jurisdiction

___________________________________________ ___________________________________________ Health Authority (Signature) Date Contact Phone Number

Appendix C
C-74
Attachment A