Chapter 5.10VENDING top top STREETS, SIDEWALKS and PRIVATE PROPERTY*
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5.10.015Declaration of purpose.
5.10.025Regulation because that sale.
5.10.060Licenses and also identification badges.
5.10.070Instructions applicable come street, sidewalk and itinerant vendors.
5.10.075Instructions applicable to ice cream vendors.
5.10.080Suspension or revocation that license.
*Prior ordinance history: Ord. 438.
5.10.010 patent required.
It is unlawful because that any merchant to sell, display screen or sell for sale any kind of food, beverage, goods or was without an initial obtaining a patent from the city. (Ord. 700 §1 Exh. A (part), 2008).
5.10.015 declaration of purpose.
The city expressly finds the the vending of produce, ready or prepackaged foods, goods, wares, and/or services, under certain circumstances, on windy streets, sidewalks, or alleys and on private property might pose, unsafe conditions and special threats to the public health, safety and welfare that the inhabitants of the city of Patterson. That is the objective of the city, in enacting this chapter, to carry out those people who interact in those varieties of vending operations through clear and also concise regulations to protect against safety, traffic and health hazards, as well as to preserve the peace, safety and welfare that the community. (Ord. 700 §1 Exh. A (part), 2008).
As supplied in this chapter:
“Commissary” method a food establishment in i m sorry food, containers, equipment, or supplies are stored or tackled for usage in motorized food wagons.
“Conveyance,” as supplied in this chapter, way any vehicle, trailers, cart, wagon or stand, v or without wheels, which might be moved from one place to an additional under its very own power or by various other means.
“Ice cream vending vehicle” means every vehicle in which ice cream cream, popsicles, ice cream sherbets, or frozen desserts of any kind are lugged for the, purpose of offering at retail sale ~ above the city streets.
“Mobile food ready unit” way any automobile or portable food organization unit upon which food is all set for service, sale and also distribution in ~ retail, other than one unprepared food vending vehicle, catering truck, bakery van or ice cream cream product truck.
“Motorized food wagon” way any car as characterized in ar 670 the the California vehicle Code, which is equipped and also used for sleeve sales of prepared; prepackaged; or unprepared; unpackaged food or foods items of any kind on any kind of public street, alley, highway, or personal street, alley or residential or commercial property within the city that Patterson. For the functions of this chapter, a motor food wagon shall likewise include any trailer or wagon traction by a vehicle.
“Operator” means and includes any type of person, for sure or corporation that owns, leases, contract or in any type of other fashion permits a human to run upon the city streets any ice cream vending vehicle for the function of vending, or the human being driving or operating any type of such vehicle.
“Public street or sidewalk” way and includes all areas legally open up to public use as public streets, sidewalks, roadways, highways, parkways, alleys and any other public way.
“Stand” means any newsstand, table, bench, booth, racks, handcart, pushcart or any kind of other fixture or an equipment which is now forced to be licensed and also registered through the department of motor Vehicles, provided for the display, warehouse or transportation of articles offered for sale by a vendor.
“Vend” or “vending” means the sale of any type of goods, wares, merchandise, prepared, pre-packaged; or unprepared, unpackaged food or foodstuff of any type of kind native a motor food wagon on exclusive or publicly property. Vending from a engine- food wagon typically has the following characteristics:
1.Food is ordered and served native a take-out counter that is integral to the motor food wagon;
2.Food is paid for before consumption;
3.Motorized food wagons from which the food is sold frequently have a take-out counter and an are for respond to queuing;
4.Food and also beverages are offered in disposable wrappers, plates, or containers; and
5.Food and beverages space prepared and sold for off- website consumption.
Vending native an ice cream cream vending auto shall typical offering ice cream cream, popsicles, ice cream sherbets, or frozen desserts for sale from a motor car on the city streets.
“Vendor” method any person, including an employee or agent of another, that sells or supplies to sell, food, beverages, items or goods on any type of public street or sidewalk native a stand, motor car or from his or her person, or one that travels through foot, wagon, engine vehicle, pushcart or any type of other technique of transport from residence to home or street marketing or supplying to offer food, beverages, goods or merchandise. (Ord. 700 §1 Exh. A (part), 2008).
5.10.025 Regulation for sale.
It shall it is in unlawful for any type of person come vend, or attempt to connect in vending or operate any type of vehicle or conduct any business for the purpose of vending from any kind of vehicle or conveyance parked, stopped, or standing upon any public street, alley, highway, or property, or private street, alley, or home within the city that Patterson except in accordance with all applicable provisions the this code. (Ord. 700 §1 Exh. A (part), 2008).
5.10.030 permit approval.
A person desiring to engage in a vendor operation, as characterized in this section, shall submit a created application because that a permit to operate in a form acceptable to and with all supporting information required by the city that Patterson. Such application shall it is in accompanied by a nonrefundable, nontransferable applications fee in an quantity as developed by resolution of the city council. Merchants must display screen the allow in your possession when vending.
A.Prior come issuance the a organization license, every merchant shall satisfy the complying with conditions:
1.Obtain conditional usage permit approval from the city. Application creates shall be obtained from the city that Patterson’s planning department public counter. Submittal requirements incorporate the following:
a.Proof of current auto registration and also a copy of an applicable automobile insurance policy,
b.Four photographs (showing various exterior views) of every motorized food wagon,
c.A copy of a current Stanislaus County ecological health permit,
d.For mobile food vendors, business owners must carry out proof that commissary usage in accordance with Sections 114295 and also 114297 the the California retail Food code for the prior twelve months. For all situations involving the reissuance the a permit; and also current proof of commissary consumption for new vendors,
e.If the merchant is operating on private property, the organization owner shall carry out the following:
i.Proof demonstrating acknowledgement and consent that the home owner to allow the seller to operate on the site, signed by the residential or commercial property owner as compelled by the Stanislaus County department of ecological resources,
ii.A website plan, attracted to scale and also with dimensions, describe the ar of every existing buildings, structures, driveways, parking spaces, and also improvements, and the place or locations where the suggest vending activity, structures and improvements related to the vending activity, will certainly be situated upon the site,
iii.In the case of mobile food sellers from personal property, one affidavit native the company or location giving the required restroom infrastructure for food company workers, stating the hours that those infrastructure are gift made obtainable as required by the Stanislaus County room of environmental resources;
B.A description of the proposed ar of the vending business and also the size of time throughout which that is proposed that the organization shall be conducted;
C.A short description that the nature, character and also quantity that the food, beverages, items or goods to be sold;
D.If work by another, the name and business resolve of the use person, firm, association, organization, firm or corporation;
E.The following may constitute grounds because that denial that a permit to operate:
1.The vending operation or task as propose by the applicant does not comply through all applicable regulations including, yet not minimal to, the applicable building, zoning, housing, fire, safety, and also health regulations,
2.Failure to achieve clearance native Stanislaus County eco-friendly health. (Ord. 700 §1 Exh. A (part), 2008).
Applicants for patent under this chapter shall salary annual and also per unit fees as established by city the supervisory board resolution, in enhancement to business license fees as compelled by chapter 5.04 that this code. (Ord. 700 §1 Exh. A (part), 2008).
No license shall it is in issued to an applicant uneven the applicant furnishes proof to the city that a public liability bond or a current policy in an lot not less than 5 hundred thousands dollars for residential property damage and injuries, including injury leading to death, caused by the operation of the vending business. General liability endorsement forms to accomplish the insurance needs of the city might be derived from the city finance office. (Ord. 700 §1 Exh. A (part), 2008).
5.10.060 Licenses and identification badges.
A.The patent issued to a seller shall be visibly displayed at all times by the merchant while the or she is engaged in the business of vending.
B.In addition to the license, the city chandelier issue, in ~ applicant’s cost, a picture identification badge to every vendor. Merchants shall wear your badges in together a means that the badges may be easily read while during business. If the argorial becomes damaged or obscured, the seller shall return it to the city and receive an additional badge.
C.Temporary or replacement employees who accomplish the requirements of chapter 3 that the California sleeve Food Code may work together an employee that a vendor for a period not come exceed 2 weeks in a calendar year.
D.Licenses and also identification title shall be supplied only by the human being to whom they to be issued and also may not be moved to any kind of other person. (Ord. 700 §1 Exh. A (part), 2008).
5.10.070 instructions applicable to street, sidewalk and itinerant vendors.
A.Stands. Merchant stands chandelier not:
1.Impede access to the enntrance gate of any surrounding building or driveway;
2.Occupy any public sidewalk;
3.Locate within fifteen feet of a fire hydrant, fire escape, bus stop, loading zone, driveway or driveway that a fire station, police station, hospital or ambulance station;
4.Vendors offering food, beverages, goods or was on behalf of business clubs, lodges, societies, organizations or corporations or various other local teams of a useful purpose may use for a permit as provided herein, and also upon investigation and confirmation by the city manager might be exempt from the fees herein provided.
B.Mobile Food ready Units.
1.No person shall stop, park or cause any kind of mobile food preparation unit or motor car from which is readily available food, beverages, goods or was to remain on any type of public property except pursuant come the stimulate of a lawful authority for the objective of making emergency repairs to the vehicle. In no event shall any person sell or give away any kind of food or beverage product from a cell phone food preparation unit automobile while on any public property.
2.No person shall stop, park or reason a cell phone food ready unit to continue to be on any private building for the purpose of selling, giving away, displaying or providing for sale any food or beverage product to any type of person other than the owner of together property, who permission has been formerly given, or his agents, customers or employees. This permission have to be in writing and shall be carried by the seller and/or exhibited in the unit.
3.All mobile food preparation systems shall comply through all applicable regulations set forth in posts 10 and also 10.1 of title 17 of the California administrative Code.
4.Each mobile food ready unit shall be equipped through a fully charged fire extinguisher in great operating condition, the driver candlestick be advised of the ar of the type of extinguisher used and also instructed in the operation.
5.No food preparation or food ready shall be done while the mobile food preparation unit is in motion.
6.Waste water shall not be permitted to circulation into the street native a mobile food ready unit.
7.Mobile food preparation systems which carry out not properly control food temperature, which lack running water, which have actually a defective fluid waste repertoire tank or which otherwise are unable to run in a sanitary path so regarding pose an immediate danger to the general public health, may be removed from procedure by order of the health and wellness officer or his designated representatives.
8.All mobile food preparation systems shall it is in inspected in ~ least four times every year by the wellness officer.
9.All mobile food preparation devices shall plainly exhibit the name and also business resolve of the person, firm, association, organization, agency or copy, group of the owner the the unit in accordance with ar 114299 that the California retail Food Code.
C.Removal that Trash. Every trash or debris accumulating by reason of any vending was standing shall be accumulated by the vendor and deposit in a trash container.
D.The adhering to criteria shall apply to all mobile sellers (on exclusive property):
1.The area proposed for the use, shall be developed to current city development standards including yet not restricted to adequate paved parking, paved accessibility routes, fencing, and landscaping standards.
2.The site on i m sorry the unit will certainly be situated must be paved with a difficult impervious surface; runoff need may apply by the public works department.
3.A minimum of 3 standard on-site parking spaces in conformance v city standards and ADA demands shall be forced in conjunction with the location of a unit on personal property. The usage shall not utilize, or be located, on, parking spaces required for the major use.
4.Adequate setbacks shall be noted as compelled by the zoning district whereby the mobile vendor proposes come locate.
5.The operator that the moveable structure organization shall be responsible for preserving the website where it is situated in accordance with section 114317 that the California sleeve Food Code.
6.Trash receptacles candlestick be listed on the site for the use of client in accordance with ar 114291 of the California Uniform Food facilities Law. Trash remove shall one of two people be arranged through the city or the mobile vendor shall attain written permission from the building owner to make use of trash receptacle(s) connected to any type of other company on exact same site.
7.Hours of operation will be minimal to the following: Sunday with Thursday eight a.m. To Midnight; Friday and also Saturday eight a.m. To one a.m.
8.Permanent restroom facilities shall be provided, at minimum, because that employees within 2 hundred feet the mobile seller location and written agreement for these framework submitted through permit to operate application in accordance with ar 114315 of the California sleeve Food Code.
9.Wastewater produced on-site shall no be exit on-site or into the storm drainage system.
10.A permanently mounted, weather and also damage defended GFCI outlet shall be set up so every individual car has a suggest to attach to an electric source. The electric system candlestick be installed to code and be inspected by the neighborhood jurisdiction come verify compliance through all code requirements. The surroundings of the electric system shall meet the demands as referenced in the electrical Code that was embraced by the city the Patterson. The traditional for the electrical system environment shall accomplish or exceed the needs as referenced for “Recreational vehicle Parks,” write-up 551 of the 2007 California electrical Code, location 24, component 3.
11.When no in use, the mobile seller shall provide legal storage for the vehicle and also specify storage ar at time of permit to run application. (Ord. 700 §1 Exh. A (part), 2008).
5.10.075 accuse applicable to ice cream vendors.
A.Inspections. Every ice cream vending auto shall it is in inspected through the password enforcement officer once yearly prior to its use in the city because that the function of determining whether it follows this chapter and other state and also local laws. In addition, said auto shall be inspected through the county health and wellness department to identify compliance with any law relating come the sale of food products.
B.An operator candlestick vend only when the ice cream vending car is legitimate stopped.
C.Permitted Sales Location. Sales indigenous mobile ice cream merchants shall happen only on publicly rights-of-way through a speed limit that twenty-five miles every hour or less.
D.An operator shall no vend in a solitary location because that a period to exceed fifteen minutes. For purposes of this subsection, a single location candlestick be deemed to be a place five hundred feet or an ext from the critical sale.
E.Traffic Laws. Mobile ice cream merchants shall obey all website traffic laws. When stopping because that the objective of do a sale, mobile ice cream sellers shall traction as far as practicable to the next of the right-of-way. Mobile ice cream sellers shall not avoid for the objective of do sales once doing so prevents the i of various other vehicles ~ above the right-of-way.
F.Each mobile ice cream cream seller shall provide a receptacle for the usage of that customers. Prior to leaving every stop, the operator that the merchant shall remove any type of litter left in ~ the protect against by customers.
G.Hours that Operation. Mobile ice cream cream vendors might stop for the purpose of make sales only in between the hrs of eleven a.m. And eight p.m.
H.All mobile food preparation units shall comply v all applicable regulations collection forth in the California retail Food Code and Article 11 that the California Uniform Food framework Law.
I.An operator shall not vend top top a street within or immediately surrounding to any kind of park or windy facility preserved by the department of parks and also recreation, nor in the downtown main point district or various other commercially zoned districts.
J.Equipment. In addition to other equipment required by law, every ice cream cream vending motor vehicle shall it is in equipped with the following:
1.Signal lamps an installed at the same level and as high and as extensively spaced laterally together practicable. These lamps candlestick be 5 to seven inches in diameter and also shall display screen two alternately flashing yellow lamp on the prior of the vehicle, both lights visible at 5 hundred feet in typical sunlight upon a right level street;
2.A convex mirror placed on the front therefore the operator in his normal seating position deserve to see the area in front of the automobile obscured by the hood;
3.An audible alarm i beg your pardon is activated once the auto is in movement backwards. (Ord. 700 §1 Exh. A (part), 2008).
5.10.080 Suspension or revocation that license.
A.Any license issued under this chapter may be exposed or revoked for any of the complying with reasons:
1.Fraud or misrepresentation the the applications for the license;
2.Fraud or misrepresentation of the food of conducting the business or vending;
3.Conducting the company of vending, contrary to the conditions of the license;
4.Conducting the business of vending in such a manner as to create a publicly nuisance or constitute a hazard to the public health, safety and welfare.
B.On suspension or revocation, the city shall deliver written notification to the patent holder stating the activity taken and the factor supporting together action. The written an alert shall be delivered to the patent holder’s place of company or mailed to the license holder’s last known address. (Ord. 700 §1 Exh. A (part), 2008).
Persons who room denied licenses or whose licenses have been suspended or revoked might appeal by submit a written notification of appeal through the city council. The appeal need to be filed within ten job-related days ~ receipt the the notification of denial, or suspension or revocation. The city council chandelier hear and determine the last appeal and the decision that the council shall it is in final. (Ord. 700 §1 Exh. A (part), 2008).
The city shall testimonial each applications for rebirth to identify that:
A.The applicant is in full compliance with the provisions the this chapter.
B.The applicant has a right now effective insurance policy in the minimum amount provided for herein. If the city finds the the applications meets the above requirements, the city shall issue a new permit. (Ord. 700 §1 Exh. A (part), 2008).
Any person who violates any provisions the this thing shall it is in punished by a fine no exceeding 5 hundred dollars or through imprisonment not exceeding six months, or by both fine and also imprisonment. (Ord. 700 §1 Exh. A (part), 2008).
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The owners, supervisors or operator of any type of food vending automobile are responsible because that the violation of any kind of provision that this thing by their agents or employees. (Ord. 700 §1 Exh. A (part), 2008).