Title 5 (Business Licenses and Regulations) of the RMC is proposed to be amended by adding a new Section 5.75, thereto, to read as follows:
Chapter 5.75 VENDING OF GOODS OR MERCHANDISE BY VEHICLE
5.75.010 – Purpose and intent.
The City finds that mobile vehicle vending has the potential to pose traffic hazards and special dangers to the public health, safety, and welfare. The purpose and intent of the City, in enacting this section, is to provide responsible companies and persons engaged in the operation of a mobile vending vehicle on public property with clear and concise regulations to prevent safety, traffic and health hazards as well as to preserve the peace safety and welfare of the community.
5.75.020 - Definitions.
A. “Commercial vehicle” as defined in the Vehicle Code of the state of California, including a vehicle which is used or maintained for the transportation of property.
B. "Goods" or “merchandise” means and includes items and products of every kind and description, including all foods, produce and beverage items.
C. "Human-powered device" means any device moved by human power including, but not necessarily limited to, any pushcart, wagon, bicycle, tricycle, shopping cart, or other wheeled container or conveyance.
D. “Mobile vending vehicle” means a commercial vehicle or trailer coach used for the sale or offering for sale of any goods or merchandise.
E. "Operator" means any person or entity owning, operating, or otherwise controlling any business involving the vending of goods or merchandise from a vehicle.
F. "Person" means any natural person, any firm, any partnership, any association, corporation, or other entity of any kind or nature.
G. “Public property” means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the city, either wholly or jointly with another public agency.
H. “Residential zone” or “zoned for residential purposes” means any property which, by ordinance of the city is then currently classified into any one of the residential zones specified in this code in which residential dwellings are an expressly permitted use.
I. “Trailer coach” means as defined in the Vehicle Code of the state of California, including a vehicle, other than a motor vehicle, designed for carrying property on its own structure and for being drawn by a motor vehicle.
J. “Used for residential purposes” means any lot or parcel of property any portion of which is being lawfully used as a residential dwelling.
K. “Vehicle” means as defined in the Vehicle Code of the state of California, including but not limited to commercial vehicles and trailer coaches and shall not include any human powered device.
L. “Mobile vehicle vending” means the sale or offering for sale of any goods or merchandise to the public from a vehicle or trailer coach.
M. “Mobile vendor” means any person who engages in the act of vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom. (Ord. ### § # (part), 2022)
5.75.030 - Vending on private property.
It is unlawful for any person to engage in vending from a vehicle, trailer coach, or human-powered device on private property unless such vending is exempt pursuant to Section 5.75.080 or has been approved through the issuance of a Temporary Use Permit pursuant to Section 18.##.###. (Ord. ### § # (part), 2022)
5.75.040 - Permit required
In the exercise of the police powers of the city and for the purpose of revenue and regulation, no person, operator, or vendor shall engage in vending from a vehicle on public property without first obtaining a permit from the city, as provided in Section 5.75.050. All applications shall be submitted to and approved by the director of community development or their designee.
5.75.050 - Mobile vehicle vending permits
An applicant for a mobile vehicle vending permit submitted to the director of community development, or their designee, shall provide the following information:
The name and current mailing address of the applicant;
A government-issued photo identification for applicant; Applicant’s permanent home or employment address and telephone number; A brief description of the nature of the business, including the goods/merchandise to be sold; A rendering or photo of the applicant’s vehicle;
A statement as to whether the applicant has been convicted within the last five years of a felony or misdemeanor involving fraud, theft, violence, drugs, crimes of a sexual nature, or acts of a trespassing nature; A statement as to whether the business on whose behalf the applicant will be vending has been found within the last five years to have engaged in fraudulent business practices; Proof of any license or permit which, under federal, state, or local laws and regulations, the applicant is required to have to conduct the proposed business, or which, under any such laws or regulations, would exempt the applicant from the licensing requirements of this chapter; The permit history of the above-described natural persons for the three-year period immediately preceding the date of the filing of the application, including whether such person, in previously operating in this or any other city, county, state, or territory has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation; The full true names and residence addresses of all persons employed or intended to be employed or with whom the applicant has contracted or intends to contract as drivers and/or mobile vendors and the respective capacities in which they will be employed including the California driver’s license number of all persons who will be employed or engaged as drivers of vehicles in conjunction with such business; Such other identification and/or information as the city Community Development Department may require in order to discover the truth of the matters required to be set forth in the application.
Upon submission of the application, the applicant shall pay a processing fee as established by resolution of the city council, payable in like manner as other business license fees of the city as now in force. If the city licensing officer finds the applicant to be a bona fide charitable institution or entity, he/she may waive payment of the license fee, providing all other provisions of this chapter or code dealing with charitable solicitations are fully complied with.
The director of community development or their designee shall review the application and verify that the information in the application is correct. A permit shall be issued unless he or she finds one of the following:
The application is incomplete;
The application contains fraud, misrepresentation, or a false statement; The applicant was convicted within the last five years of a felony or misdemeanor involving fraud, theft, violence, drugs, crimes of a sexual nature, or acts of a trespassing nature; The business on whose behalf applicant will be vending was found within the last five years to have engaged in fraudulent business practices; or The applicant fails to provide proof of any license or permit which, under federal, state or local laws and regulations, the applicant is required to have to conduct the proposed business.
The director shall notify the applicant in writing, via U.S. Mail, of the granting or denial of a permit within forty days after submission of a completed application.
Such permit shall be subject to an annual renewal at the end of each calendar year. (Ord. ### § # (part), 2022)
5.75.060 - Investigation of applications.
The city community development department shall refer all applications for mobile vehicle vending permits made pursuant to this chapter to the City of Rialto police department for investigation and recommendation. The police department shall have a reasonable period of time within which to investigate the application and background of the applicant. The police department shall, within thirty days after the date of the filing of the application, render a written recommendation to the city community development department as to approval or denial of the application for the permit based upon the criteria set forth in Section 5.75.050. (Ord. ### § # (part), 2022)
5.75.070 - Permit—Revocation.
A. Any permit applied for or issued pursuant to this chapter may be denied, suspended, or revoked at any time by the director of community development for good cause including but not necessarily limited to any of the following reasons:
Fraud, misrepresentation, or false statement contained in the application for a permit; Fraud, misrepresentation, or false statement contained in the course of carrying on the activity authorized by such permit; Violation of any provision of this chapter;
Conducting the activity authorized by the permit in an unlawful manner; Conviction of any felony or misdemeanor involving fraud, theft, violence, drugs, crimes of a sexual nature, or of a trespassing nature; or Revocation of any license or permit which, under federal, state or local laws and regulations, the applicant is required to have to conduct the proposed business.
B. The director of community development services shall give written notice of the suspension or revocation of the permit to the permittee either in person or by mail at the address listed on the permittee’s application.
C. No such revocation shall become effective until expiration of the appeal period specified in Section 5.75.090. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder’s residence address as set forth on the application for a permit. Services shall be deemed made on the permit holder on the date personally delivered or on the date of mailing. A permit holder may appeal such revocation to the city manager by filing a written notice of appeal with the city finance department within ten days following the date of service of such decision and payment of the appeal fee as prescribed by resolution of the city council. The date of filing of said notice of appeal shall be the date said notice and appeal fee are received by the city finance department. If a timely appeal is filed, the revocation shall be stayed pending the decision of the City Council. Otherwise the suspension or revocation shall become effective immediately upon expiration of said appeal period; No person or entity whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation. (Ord. ### § # (part), 2022)
5.75.080 - Exemptions
The requirements of this chapter shall not apply to:
A. Any person delivering any goods, materials, or services by vehicle or trailer coach where such goods, materials, or services have been ordered in advance by the property or business owner for such delivery; B. Any person engaged in the vending of goods or merchandise on public property where such person has been authorized by the city to engage in such activity by a permit, lease, real property license, agreement, or other entitlements issued by the city for such purpose; (Ord. ### § # (part), 2022)
5.75.090 - Appeals
A. Any person aggrieved by any action to deny, suspend, or revoke a permit under this chapter shall file a letter of appeal with the city clerk within ten days of the aggrieving action. The letter shall be addressed to the city council, shall set forth the grounds for the appeal, and shall be accompanied by permittee’s appeal fee as established by resolution of the city council.
B. The City Council shall set the time and place for hearing such appeal, and written notice of such time and place shall be given to the applicant by the city clerk either in person or by mail at the address listed in the permittee’s application at least ten days prior to the date set for the hearing, at which hearing the applicant will present their case and any other interested person may present testimony for or against the applicant.
C. The applicant has the burden of presenting all necessary evidence from which findings required by this section may be made. The city council may order a permit be issued to the applicant if it finds that all of the following conditions are satisfied;
1. The application is complete;
2. The application contains no fraud, misrepresentation, or a false statement;
3. The applicant has not been convicted within the last five years of a felony or misdemeanor involving fraud, theft, violence, drugs, crimes of a sexual nature, or acts of a trespassing nature;
4. The business on whose behalf the applicant will be vending has not been found within the last five years to have engaged in fraudulent business practices; and
5. The applicant provides proof of any license or permit which, under federal, state or local laws and regulations, the applicant is required to have to conduct the proposed business.
D. In the case of permit revocation, The City Council may order a permit be reissued to the applicant if it finds that the following conditions are satisfied;
1. In the course of carrying on the activity authorized by the mobile vehicle vending permit, the applicant has committed no fraud, misrepresentation, or false statements;
2. There has been no violation of any provision of this chapter;
3. The activity conducted as authorized by the mobile vehicle vending permit has been conducted in a lawful manner; and
4. All federal, state, and local licenses and/or permits required to conduct the permitted business are current and in good standing.
E. The city council may impose reasonable conditions on the issuance of a permit which is granted upon appeal. (Ord. ### § # (part), 2022)
5.75.100 - Liability
No person shall drive or operate or cause or permit to be driven any mobile vending vehicle in the city unless the operator or vendor thereof has obtained a liability insurance policy from a responsible and solvent corporation, authorized to issue such policies under the laws of the state, insuring such operator or vendor and covering the commercial vehicle or trailer coach. The city of Rialto shall be named as an additional insured under the policy. (Ord. ### § # (part), 2022)
5.75.110 - Mobile marijuana dispensaries and marijuana delivery prohibited.
This chapter shall not be construed to permit or allow mobile marijuana dispensaries or marijuana delivery within the city, which are prohibited pursuant to Chapter 18.115 of this code (Marijuana Uses and Activities Prohibited). (Ord. ### § # (part), 2022)
Chapter 9.24 (Street and Sidewalk Use Restrictions) of the RMC is proposed to be amended in its entirety to read as follows:
Chapter 9.24 STREET AND SIDEWALK USE RESTRICTIONS
9.24.010 Obstructing prohibited.
Public streets, alleys, sidewalks and crosswalks in the city, being intended for the accommodation and convenience of the public, shall be kept and reserved free from obstructions that block the free passage of persons on streets, sidewalks and crossways, or that may cause injury or harm to persons in the free use of said streets, sidewalks and crossways. No person shall occupy the same so as in any manner to obstruct the free passage thereon. (Ord. 1234 (part), 1995: 1965 code Title XI, Ch. 4, § 9(A))
9.24.020 Refreshment vehicle—Sales restrictions.
It is unlawful and a misdemeanor for any person, firm, or corporation to vend, sell or give away ice cream, ices, cornucopias, candy, sandwiches, soda water, carbonated drinks, coffee and similar foods or refreshments from vehicles or upon the public rights-of-way of the city, both dedicated and undedicated, within three hundred feet of any public or private school between the hours of seven a.m. and four p.m., Monday through Friday, on any day said school is in session. (Ord. 837, 1981: Ord. 549 § 1, 1966: Ord. 548 § 1 (part), 1966: 1965 code Title XI, Ch. 4, § 11(A))
9.24.030 Refreshment vehicle—Noise device restrictions.
It is unlawful for any person, firm or corporation owning or operating the refreshment vehicles and handcarts specified in Section 9.24.020, to use bells, music, horns or other noise devices to advertise such vehicles, handcarts and wares on the public streets of the city between eight p.m. and six a.m. (Ord. 548 § 1 (part), 1966: 1965 code Title XI, Ch. 4, § 11(B))
9.24.040 Refreshment vehicle—Violation—Nuisance.
The operation of any vehicle or handcart human powered device in violation of Section 9.24.030, is expressly determined to be a public nuisance to the inhabitants of the city. (Ord. 548 § 1 (part), 1966: 1965 code Title XI, Ch. 4, § 11(C)) Title 11 (Streets and Sidewalks) of the RMC is proposed to be amended by adding a new Section 11.23, thereto, to read as follows:
Chapter 11.23 REGULATIONS OF MOBILE VEHICLE VENDING
It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of any goods or merchandise from any vehicle parked, stopped, or standing upon any public street, alley, parkway, or other public property in the city except in accordance with all applicable provisions pursuant to Chapter 5.75 and in compliance with each of the following regulations:
11.23.010 - Regulations for vending from vehicles.
A. Such vending shall be only by means of a vehicle duly registered and licensed by the state of California. Vehicles operating on any street in a residential zone must have an unladen weight of less than six thousand pounds.
B. Such vending shall be limited to only public streets, where the posted speed limit is thirty-five miles per hour or less, and shall not be permitted upon any alley, parkway, sidewalk, other public property, or streets less than forty feet in width.
C. Each operator causing the sale of or offering for sale any produce or other item for which a food handling permit or other health permit is required by law shall possess and at all times display such required permit(s), including but not limited to a Mobile Food Facility Health Permit and food handlers cards for all employees, and at least one original Managers Certificate, in conspicuous view upon such vehicle.
D. Each operator of such vehicle shall possess and at all times display in conspicuous view upon each such vehicle a current city of Rialto business license pursuant to Title 5 of this code.
E.
G. No vending from a vehicle shall be permitted within sixty feet of any intersection of two or more public streets nor within three hundred feet of any public or private elementary, junior high, or high school.
H. No minor under the age of sixteen shall ride in or upon a vehicle that is engaged in or about to be engaged in vending.
I. No mobile vending vehicle shall be parked, stopped, or left standing in any manner that blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
J. Each mobile vending vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending.
K. Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrappers, litter, or other refuse of any kind which were a part of the goods or merchandise supplied from the vehicle and which have been left or abandoned within twenty-five feet of such vehicle on any public property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor or operator.
L. No vending shall be permitted except after the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner.
M. Any vehicle from which vending occurs pursuant to this section shall have the name, address, and telephone number of the holder of the operator’s permit permanently affixed on both the left and right sides of the vehicle. Such information shall be in letters not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed.
N. No person, firm or corporation shall use bells, music, horns or other noise devices to advertise on the public streets of the city between eight p.m. and six a.m.
O. No amplified sound making devices shall be used to draw attention to, or announce the presence of, such vehicle upon any public street immediately contiguous to any residentially zoned property within the city. Nonamplified sound making devices shall be permitted for such purposes provided: (1) such sounds shall not be made while the vehicle is stopped, parked, or otherwise in a stationary position; and (2) such sounds shall not be audible to a person with normal hearing for a distance of more than two hundred feet.
P. No mobile vending vehicle shall be stationary in any single location for a period exceeding sixty minutes unless a readily available toilet and handwashing facility are provided within two hundred feet of the vehicle. After the allotted time, vehicles shall not vend on the same property, or within five hundred feet of that property, for a period of two hours.
Q. No mobile vending vehicle shall be operated between the hours of nine p.m. and eight a.m. within any residentially designated area.
R. No shade covers, awnings, tables, or chairs shall be placed proximate to any vehicle from which vending occurs pursuant to this section.
S. All signage shall comply with chapter 18.102, Regulation of Signs and Advertising Structures. Additionally, air flyers and sign twirlers are prohibited.
T. Mobile vending vehicles shall be located at least fifteen feet from any fire hydrant, utility box or vault, public right of way, emergency vehicle route, tree canopy or pedestrian pathway.
U. No mobile vending vehicle shall operate within a five-foot radius of another mobile vending vehicle.
V. Each mobile vending vehicle shall be parked in such a way that service to pedestrians is located on a sidewalk or pedestrian pathway rather than a landscaped area, parking space or a street.
W. When conducting any act of mobile vehicle vending, the business or authorized operator shall carry the mobile vending vehicle permit and photo identification that shows the person’s name and address. Said person shall show the permit and photo identification upon request. This requirement does not apply to anyone under the age of eighteen who does not have photo identification.
X. Human powered devices (e.g. push carts, bicycle carts), not classified as vehicles, shall be regulated by Chapter 5.28, Canvassing, Peddling, Sidewalk Vending, and Soliciting.
11.23.020 - Violation—Penalty.
Violations of Section 11.23.010, other than failure to possess a valid mobile vehicle vending permit, is punishable by the following:
An administrative fine not exceeding one hundred dollars for a first violation.
An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.
An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.
Revocation of a mobile vending vehicle permit for the term of that permit upon the fourth violation or subsequent violations within one year of the first violation.
Violations of Section 11.23.010 by vending without a valid mobile vehicle vending permit is punishable by the following:
An administrative fine not exceeding two hundred fifty dollars for a first violation.
An administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation.
An administrative fine not exceeding one thousand dollars for each additional violation within one year of the first violation.
Upon proof of a valid permit issued by the city, any administrative fines imposed under this subsection for vending without possessing a copy of the permit shall be reduced to the administrative fines set forth in Section 11.23.020(A) of this code.
All fines imposed pursuant to subsection A or B above shall be subject to an ability-to-pay determination as described in California Government Code Section 51039(f). Concurrently with issuing a citation for such fines to a person, the City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.
Infractions. Each and every person who violates a provision of this Section 11.23.010 is further guilty of an infraction. Each and every person convicted of an infraction shall be punishable pursuant to the provisions of Section 11.23.020(B).
Except as specifically provided in this Section 11.20.030, administrative fines shall be subject to the provisions of Chapter 1.10 and infractions subject to the provisions of Chapter 1.16 of this code. (Ord. ### § # (part), 2022)
11.23.030 - Citations for violation of title.
All police officers and city code enforcement officers are authorized to give citations to any and all persons violating any of the provisions of this chapter and any such citation shall be deemed to be a civil complaint charging violations of this chapter and requiring payment of the penalty set forth therein. Violations of this chapter shall be processed as civil penalties in accordance with California Vehicle Code Sections 40200 et seq., or any successor provision thereto. (Ord. ### § # (part), 2022)
11.23.040 - Impounding unlawfully parked vehicles.
All police officers and parking control officers are authorized and empowered to remove or cause to be removed all vehicles parked, caused to be parked, or left parked upon any street or public parking lot or area contrary to the provisions of this chapter, or illegally parked, and to store the vehicle, and the owner or operator of the vehicle shall be liable for any reasonable towing and storage charges. (Ord. ### § # (part), 2022)
Created: 2021-10-11 14:41:44 [EST]
(Supp. No. 31)
Created: 2021-10-11 14:41:51 [EST]
(Supp. No. 31)
Created: 2021-10-11 14:41:51 [EST]
(Supp. No. 31)
Created: 2021-10-11 14:41:44 [EST]
(Supp. No. 31)
Created: 2021-10-11 14:41:44 [EST]
(Supp. No. 31)