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HomeMy WebLinkAboutOrd 741 ORDINANCE NO. 741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY AMENDING CHAPTER 5.82, "REGULATIONS FOR THE OPERATION OF FOOD TRUCKS" TO TITLE 5, "BUSINESS REGULATIONS," OF THE CATHEDRAL CITY MUNICIPAL CODE. WHEREAS,earlier this year the City Council enacted Municipal Code chapter 5.82, "Regulations for the Operation of Food Trucks"; and WHEREAS, the City wishes to now amend Chapter 5.82 to reduce regulation of Food Trucks when associated with a special event requiring a special use permit. NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS FOLLOWS: Section 1. AMENDMENT OF CATHEDRAL CITY MUNICIPAL CODE CHAPTER 5.82, "REGULATIONS FOR THE OPERATION OF FOOD TRUCKS" Cathedral City Municipal Code chapter 5.82 is amended to read as follows: Chapter 5.82 REGULATIONS FOR THE OPERATION OF FOOD TRUCKS 5.82.010 Definitions. Forpurposes of this chapter, the following words or phrases shall have the following meanings: "Food or food products" means any type of edible victuals or beverage. "Mobile food facility" means any self-propelled, motorized device or vehicle by which any person or property may be propelled or moved upon a highway, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged or otherwise given. "Mobile food vendor" means a person or persons that operates or assists in the operation of a mobile food facility as defined by the California Retail Food Code as "any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail." "Private organization" means any nongovernmental organization engaged in conducting, supporting, organizing or otherwise engaged in providing recreational and/or 1 athletic activities to residents of the city of Cathedral, and which have been declared to be so by a resolution of the city council of the city made, given or modified from time to time, and providing said organization has not been removed from this category by subsequent resolution of the city council. As used herein, "nongovernmental" shall include support or booster organizations for activities which themselves might be undertaken under the aegis of a school or other government organization. "Vend" or "vending" means to sell, offer for sale, display, barter, exchange, or otherwise give food or food products from a mobile food facility. "Vendor" means a person who vends, including an employee or agent of a vendor. 5.82.020 Mobile food vendors in public right-of-way. A. Mobile food vendor may locate its vehicle in the public right-of-way as long as the mobile food vendor adheres to the following standards and conditions: 114. The mobile food facility is in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked. G2. The mobile food facility does not obstruct pedestrian or vehicular traffic. 3. Vending is prohibited on the exposed street and/or traffic side of the mobile food facility. &4. The mobile food vendor shall not distribute any item from the mobile food facility in a manner that causes any person to stand in that portion of the street that is between the vehicle and the center of the street. F75. The mobile food vendor shall not encroach onto a public sidewalk with any part of its mobile food facility or any other equipment or furniture related to the operation of its business. QS. The mobile food vendor shall not keep, maintain or operate any mobile food facility upon any public street within five hundred feet of the nearest property line of property on which a school building is located. Said limitation shall be in force between the hours of seven a.m. and five p.m. of any school day. The limitation set forth in this subsection will not apply on a given occasion if the school principal (or equivalent) gives the mobile food vendor written permission to park within such lesser distance on school property. Any permission granted by a school principal (or equivalent)shall be valid for only one occasion unless the permission expressly states otherwise. The mobile food vendor shall provide a copy of any authorization provided by a school principal or equivalent to the city within five days of its receipt. 1=1,7. The mobile food vendor has: (1) a valid business license from the city; (2)a valid vendor license from the city; and (3) the mobile food vendor has supplied the city with a true and correct copy of the vendor's route, showing each stop where the mobile food vendor intends to halt for the purpose of selling or otherwise dispensing food, and the 2 streets or other thoroughfares which will be used to reach each stop. As a condition precedent to the issuance of a vendor license, the city will shall require a background check on the person making the application for a vendor license as well as anyone who will operate the mobile food facility. Notwithstanding the above, no background check shall be required for any applicant for a vendor license in which the mobile food vendor shall solely be operating at an event for which a special use permit has been issued pursuant to chapter 9.68 of this code. As used herein, "operate" shall mean: (1) any n who at any time drives the mobile vehicle to any stop from which food is sold or person y y p otherwise dispensed; and/or(2) any person who is in charge of the making or sale of food from the mobile vehicle while said vehicle is located at a site where sales or other food dispensing occurs. 4:8. The mobile food vendor has a valid permit, certificate or other required approval from the Riverside County Department of Health. vh9. All food products sold or provided from the mobile food facility shall comply with all applicable food labeling requirements established by the state of California and the mobile food vendor must obtain all required permits, including without limitation, health permits, to sell or provide such items. # 10. No mobile food vendor shall engage in vending unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the mobile food facility, marked with a sign requesting use by patrons. Prior to leaving the location,the mobile food vendor shall pick up, remove and dispose of all trash generated by the mobile food vendor's operation located within a twenty-five-foot radius of the mobile food vendor's location. This does not include picking up trash in the street in an unsafe manner. LA/. The mobile food facility shall not operate within twenty-five feet of any street intersection controlled by a crosswalk, traffic light, or stop sign. Ivt12. No mobile food facility shall operate within seven hundred fifty feet of any fund raising event being conducted by a private organization, during the conduct or operation of such fund raising event, except with the written permission of the president or other responsible officer of the private organization. 5.82.030 Compliance with state and local laws. A. Mobile food vendors shall comply with all applicable state and local laws. B. This chapter is not intended to be enforced against pedestrian food vendors or against food vendors who operate human powered push carts and other non-self-propelled vehicles. Such vendors may be regulated by other chapters in this code or by other state or local laws. 5.82.035 Fees for mobile food vendors in connection with special use permits. Mobile food vendors applying fora business license in which the mobile food vendor shall operate only at an event for which a special use permit has been issued 3 shall not be subject to the City's business license fee schedule, but shall instead be subject to a reduced business license fee of$3.00 for each day the permit will be valid. 5.82.040 Administrative citations. Any person issued an administrative citation for violating Sections 5.82.010, 5.82.020 and/or 5.82.030 of this chapter shall for each violation be subject to: (1) an administrative fine in an amount not to exceed one hundred dollars for the first citation; (2) an amount not to exceed two hundred fifty dollars for a second citation issued for the same offense within a twelve-month period of the date of the first offense; and (3) a fine in an amount not to exceed five hundred dollars for a third and any subsequent citations issued for the same offense within a twelve-month period of the date of the first offense. Section 2. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 3. ENVIRONMENTAL FINDINGS The City Council finds that adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), because there is nothing in this chapter or its implementation that could foreseeably have any impact on the environment. Section 4. EFFECTIVE DATE This ordinance shall take effect thirty(30)days after its adoption by the City Council of the City of Cathedral City. The foregoing Ordinance was approved by a majority of the City Council and adopted at a meeting of the City Council held on October 8, 2014, 2014 by the following vote: Ayes: Council Member Pettis, Council Member Henry, Council Member Aguilar and Mayor DeRosa Noes: None Abstain: None Absent: None 4 A I a hleen"'eRosa Ma or / ATTEST: ary . Howell ' T City Clerk APPROVED AS TO FORM: Charles Green City Attorney 5