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5.13.010   Definitions.
A.   Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this section have the meaning set forth elsewhere in this code, the California Business and Professions Code, California Vehicle Code, or California Government Code. If a term or phrase is not defined in this part, or elsewhere in this code, the most common dictionary definition is presumed to be correct.
B.   For purposes of this chapter, the following definitions shall apply:
   "Building" means a structure of a permanent nature located or constructed on a parcel of land, and shall include but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse, and similar buildings.
   "Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
   "City" means the city of Yucaipa.
   "City council" means the city council of the city of Yucaipa.
   "Employ" means retain, hire or engage.
   "Fire station" means any facility where fire engines and other equipment of the Yucaipa fire department are housed within the city.
   "Food" means any item provided in Health and Safety Code Section 113781, or any successor section.
   "Food truck" or "truck" means any vehicle or trailer, as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of produce and/or prepared, pre-packaged or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley or highway or private street or alley within the city. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries.
   "Food truck activities" or "food truck activity" means actions that qualify a person as a mobile food truck operator or actions done in anticipation of becoming a food truck operator such as, but not limited to, placement, or maintenance of any food truck.
   "Food truck operator" or "operator" means any entity and all person(s) that:
1.   Owns, controls, manages, and/or leases a food truck ; and/or
2.   Contracts with any person(s) to drive, operate, prepare food in, and/or vend from, a food truck; and/or
3.   Drive, operate, vend and/or prepare food in or from a food truck.
   "Immediate vicinity" means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks.
   "Park" means a public park owned or operated by the city.
   "Parkway(s)" means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and/or maintaining street trees.
   "Pathway" means a paved path or walkway owned by the city or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.
   "Permit" means a city of Yucaipa itinerant vendor permit issued and managed by the city department designated by the city manager in addition to any other required permits, including a general business license.
   "Public property" means any real property owned, leased, operated, or controlled by the city of Yucaipa other than a street alley, parkway, sidewalk or other area dedicated, identified or used as a public right-of-way.
   "Public right-of-way" means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the city or other public entity, or subject to an easement owned by or dedicated or granted to city. For purposes of this chapter, public right-of-way does not include parking lots owned, operated and/or controlled by the city or other public entity.
   "Residential" means any area zoned or used exclusively as residential in the city.
   "Sidewalk" means any portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the city or other public entity, excluding any parkway.
   "Special event" means a city-sponsored or city-permitted event including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events.
   "Swap meet" means a location operated in accordance with Article 6 commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that chapter, or any successor chapter.
   "Vend" or "vending" shall mean any act of soliciting, displaying, offering for sale for monetary consideration, or sale, of any goods or merchandise to the public; offering produce, prepared food, prepackaged food or nonfood sundries of any kind for sale from a food truck on a public right-of-way and/or private property and includes the movement or parking of a food truck for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared food, prepackaged food or nonfood sundries. (Ord. 444 § 2, 2024)
5.13.020   Purpose.
A.   The city council hereby finds that, to promote the health, safety and welfare, restrictions on food truck activity are necessary in part to:
1.   Ensure no interference with the performance of public safety officers including, police, firefighter, lifeguard, security and emergency medical personnel services.
2.   Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.
3.   Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.
4.   Provide reasonable access for food truck activities in portions of the city while preserving the use and maintenance of public rights-of-way, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/or planters, as well as access to locations used for public transportation services.
5.   Reduce exposure to the city for personal injury or property damage claims and litigation.
6.   Ensure the safe sale of food and merchandise in the public right-of-way by providing the public a simple way to ensure food truck operators prepare food safely and according to San Bernardino department of public health requirements.
7.   Prevent unsanitary conditions and ensure trash and debris in the areas where vending is taking place are removed by food truck operators.
8.   Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on sidewalks and other public rights-of-way are protected while accommodating food truck equipment.
9.   Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.
10.   Ensure reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.
11.   Mitigate the impacts of food truck activity and protect the unique characteristics of the city.
B.   The city council hereby finds that the unique characteristics of the city require certain restrictions on food truck activities as follows:
1.   The city council finds that food truck operators in the city seek and do draw patrons to their food and merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in city parks and in residential areas. Food truck operators can also impact access to and egress from businesses. This chapter imposes reasonable time, place, and manner restrictions on food truck operators to the extent necessary to ensure the safety of food truck operators, their patrons, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the city;
2.   The city's parks provide passive and active recreational opportunities; restrictions on food truck activity are necessary to protect the health, safety and welfare of those persons engaged in, and the spectators of, active sports activities, the recreational opportunities, as well as protect the scenic and natural character of these parks; and
3.   The city seeks to preserve the peace and quiet of the residential zones of the city, by prohibiting commercial activities such as food truck activity. (Ord. 444 § 2, 2024)
5.13.030   Permit required.
A.   No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a food truck in the city without an itinerant vendor permit. It is unlawful for any person to operate a food truck or allow food truck activities in the city without having a current and valid itinerant vendor permit obtained from the city. A copy of the itinerant vendor permit shall be displayed in conspicuous view on each food truck at all times business is conducted.
B.   Every food truck shall have the name, address, and telephone number of the holder of the itinerant vendor permit permanently affixed on both the left and right sides of the food truck. Such information shall be in letters and numerals not less than four inches (4") in height and shall be in contrast to the color of the background upon which the letters are placed.
C.   A written application for an itinerant vendor permit shall be filed with the city manager, or the city manager's designee, on a form provided by the city and shall contain the following information:
1.   The name, address, and telephone number of the person applying to become a food truck operator;
2.   If the operator is an agent of an individual, company, partnership, or corporation, the name and business address, phone number, and email address of the principal of such entity;
3.   The name, address, and telephone number of the operator who will be in charge of any food truck activity and/or be responsible for the person(s) working at any food truck;
4.   The name, address, and telephone number of all persons that will be employed as food truck operators;
5.   The number of trucks the food truck operator will operate within the city under the itinerant vendor permit;
6.   The location(s) in the city where the food truck operator intends to operate;
7.   The day(s) and hours of operation the food truck operator intends to operate at such location(s);
8.   Copies of valid driver's licenses for all individuals who will be driving the food truck(s);
9.   A description of the type of food(s) to be sold from a food truck, whether such food(s) is prepared on site, whether such food will require a heating element inside or on the food truck for food preparation, and the type of heating element if any;
10.   A copy of the county health permit for each food truck;
11.   The address of the approved commissary where the food truck is stored overnight, and a copy of the lease or other documentation establishing storage at the commissary is authorized;
12.   Proof that the food truck operator possesses a valid California Department of Tax and Fee Administration seller's permit which notes the city as a location or sublocation, which shall be maintained for the duration of the operator's itinerant vendor permit;
13.   An acknowledgement that the food truck operator will obtain and maintain throughout the duration of any permit issued under this section public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than one million dollars ($1,000,000.00);
14.   An acknowledgement that use of public property is at the food truck operator's own risk, and the city does not take any steps to ensure public property is safe or conducive to the food truck activities;
15.   An acknowledgment that the food truck operator will comply with all other applicable local, state, and federal laws;
16.   A certification that under penalty of perjury, to the applicant's knowledge and belief, the information contained within the application is true and correct;
17.   A list of all other cities or other jurisdictions in which the food truck operator has operated a food truck within the past twelve (12) months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past twelve (12) months; and
18.   Any other relevant information required by the city manager, or the city manager's designee.
D.   Such application shall be accompanied by the nonrefundable itinerant vendor permit application fee as established by resolution of the city council. (Ord. 444 § 2, 2024)
5.13.040   Issuance of permit.
A.   Within sixty (60) calendar days of receiving a complete application, the city manager, or the city manager's designee may issue an itinerant vendor permit to a food truck operator if he or she finds, based on all of the relevant information, that:
1.   The conduct of such food truck activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare or encourage loitering;
2.   The conduct of such food truck activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the food truck operator;
3.   The conduct of such food truck activity will not constitute a fire hazard;
4.   The conduct of such food truck activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the city;
5.   The food truck operator has paid any/all administrative fines associated with a previous violation of this chapter;
6.   The food truck operator has not had a previous itinerant vendor permit for food truck activity revoked by the city within the past five (5) years;
7.   The application for a food truck operator contains all required information and the food truck operator has not made a materially false, misleading or fraudulent statement of fact to the city in the application process;
8.   The food truck operator has satisfied all the requirements of this chapter;
9.   The food truck operator has paid the itinerant vendor permit fee;
10.   The food truck operator's truck and proposed activities conform to the requirements of this chapter;
11.   The food truck operator has provided adequate insurance to protect the city from liability associated with sidewalk vendor activities, as determined by the city manager or the city manager's designee;
12.   The food truck operator has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last five (5) years; and
13.   The food truck operator has not been subject to an injunction for nuisance, as defined by state or local laws, within the last five (5) years. (Ord. 444 § 2, 2024)
5.13.050   County health permit requirement.
   It is unlawful for any person to operate a food truck in the city without a current and valid permit, certificate, or other authorization as required by the County of San Bernardino department of environmental health. A copy of said health permit shall be kept in the food truck at all times and displayed in conspicuous view upon each food truck. (Ord. 444 § 2, 2024)
5.13.060   Term and renewal.
   All itinerant vendor permits for food truck operators issued under this chapter shall expire within a year from the date of issuance, unless earlier revoked in accordance with the provisions of this section. An application to renew an itinerant vendor permit shall be made not later than thirty (30) days before the expiration of the current itinerant vendor permit. (Ord. 444 § 2, 2024)
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