ORDINANCE NO. 1788
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING CHAPTER 8.26 TO THE SAN CLEMENTE MUNICIPAL CODE REGULATING THE DISTRIBUTION OF FOOD AND DRINKS ON PUBLIC PROPERTY WHEREAS, the City of San Clemente Mission Statement states, in part, “… Maintaining a safe, healthy atmosphere in which to live, work and play…”; and WHEREAS, the distribution of food and drinks to unknown persons and strangers can be dangerous to both the recipients and the general public and counter to the maintenance of a safe and healthy atmosphere. Persons distributing food and drinks can unknowingly impact health conditions such as diabetes, heart conditions, mental health, or other health related disorders that can be affected by food and drink content, portion size, and unintended combination with other food, drinks, and drugs. Additionally, the food and drinks distributed are not always fully consumed by recipients and the leftover contents can be discovered by unsuspecting children, animals, or rodents, and packaging debris is often left behind and can make its way into the storm drain system, ocean or other public areas; and WHEREAS, the City has created an effective outreach program with employees and resources that can provide assistance to people seeking assistance and food and drinks are available from licensed, approved and safe food distribution locations throughout Orange County; and WHEREAS, the City Council has determined it is in the best interest of the community to regulate the distribution of food and drinks on public property to promote a safe and healthy atmosphere; and WHEREAS, requiring proper inspections and permits can ensure recipients are given safe food and drinks that can avoid illness, limit the advancement and spread of disease, and circumvent other unintended health consequences; and WHEREAS, the City has identified gaps in current state and county regulations that put the health and safety of residents and visitors to the City of San Clemente at risk; and WHEREAS, provisions for sanitary conditions, cleanliness, and removal of unconsumed food and associated debris are essential to preserving a safe and healthy atmosphere in the City of San Clemente, keeping our ocean clean and preventing pollution of local beaches and storm drains.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby ordain as follows:
Section 1. Incorporation of Recitals.
The above recitals are considered findings by the City Council and incorporated into the body of this Ordinance as true and accurate statements.
Section 2. Code Amendment.
Chapter 8.26 is hereby added to the San Clemente Municipal Code to read as follows:
Chapter 8.26 – DISTRIBUTION OF FOOD AND DRINK ON PUBLIC PROPERTY
8.26.010 Applicability
The provisions of this Chapter apply to public property only.
8.26.020 Food and Drink Distribution Permit
A. Any person seeking to distribute food or drink on public property shall first obtain, at the full discretion of the City, a Food and Drink Distribution Permit, with the following exceptions:
Events and gatherings that have been granted a Special Event Permit by the City, and the County of Orange, if applicable, that authorize the distribution of food and drinks shall not require a separate Food and Drink Distribution Permit; City authorized concessionaires do not require a Food and Drink Distribution Permit; and Food shared between persons of the same party, such as a family picnic, where all persons in the party are previously acquainted and have regular personal contact may, at the full discretion of the City, not require a Food and Drink Distribution Permit.
B. Distribution of food to unknown persons or strangers, or made available to any members of the general public, is expressly prohibited without proper inspections, permits, insurance, licenses, facilities for sanitary conditions, provisions for clean up, and complete removal of all food and drinks not consumed and related containers.
8.26.030 Food and Drink Distribution Regulations
A. When the regulations of the County of Orange are applicable, those provisions shall take precedence over this Chapter. Licenses for Food Handlers Permits, Special Event Permits, and other activities regulated by the County of Orange or the State of California shall be followed as adopted. The requirements of this Chapter, where not in conflict with state or county regulations, shall be in addition to state and county regulations except as otherwise provided in Section 8.26.020(A).
B. Any person distributing food or drink on public property, except those noted in Section 8.26.020(A), shall first obtain a Food and Drink Distribution Permit from the City of San Clemente prior to the distribution of any food or drink. Such permit will not be issued without satisfaction of the following minimum requirements:
Applicants shall demonstrate that facilities to maintain sanitary conditions will be provided including wash basins with warm water and soap, proper eating utensils, gloves for all those handling food or drinks, food warmers or coolers when appropriate, and other sanitary items as deemed necessary; Applicants shall demonstrate a knowledge of the specific health considerations of each recipient prior to the issuance of a permit; Applicants shall be able to demonstrate where all food and drink was obtained, that all food and drink has been properly stored, is not expired, and similar health considerations; Applicants shall indicate the beginning time and ending time of the distribution of food and drinks and who will be responsible for the removal of all items not consumed by the recipients, and all trash and debris; Each permit shall only have a single day duration, unless otherwise indicated; Applicants shall demonstrate the need for the distribution of food and drink and that recipients are unable to obtain food from another previously approved location or program; Applicants shall demonstrate that they have or can meet City insurance requirements; and Applicants shall pay the fee for the Food and Drink Distribution Permit in the amount set by the City Council and adjusted from time to time.
8.26.040 Violations
Violation of any provision of this Chapter shall be subject to enforcement as specified in Chapters 1.16 and 1.20 of the San Clemente Municipal Code.
Section 3. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.
Section 4. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.
Section 5. Effective Date. This Ordinance shall become effective 30 days after its adoption.
APPROVED AND ADOPTED this ____ day of _______________, 2025.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. _______ having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
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Ordinance No. 1788 Page 3
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