Loading...
HomeMy WebLinkAboutNS-2241 - Amending the Santa Ana Municipal Code by Adding an Article Entitled Food Vending Vehicles to Chpater 36 of Santa Ana Municipal Code ...409 ORDINANCE NO. NS-2241 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING AN ARTICLE ENTITLED FOOD VENDING VEHICLES TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE AND AMENDING SECTION 1-18.1 RELATING TOENFORCEMENT AUTHORITY. The City Council of the city of Santa Ana does ordain as follows: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding an Article to Chapter 36, to be numbered Article XIV, which said Article reads as follows: ARTICLE XIV. FOOD VENDING VEHICLES Seo. 36-700. Purpose and intent. The city council expressly finds that vehicles in which produce are carried for purposes of retail sale on the public and private streets, and vehicles from which hot and/or cold food prepared in the vehicle and/or pre-packaged are sold or offered for sale, pose traffic hazards and special dangers to the public health, safety and welfare of children and residents in the city of Santa Ana. IS is the purpose and intent of the city council, in enacting this article, to provide responsible companies and persons who engage in the operation of food vending from vehicles 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. Sec. 36-701. Definitions. As used in this article: (a) Chief of Police shall mean the Chief of Police of the City of Santa Ana Police Department, or his or her designated representative. (b) Food Vending Vehicle means any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily 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 ORDINANCE NS-2241 411 (c) (d) (e) (f) (g) (h) (i) (J) street or alley within the city of Santa Ana. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries. Food vending vehicle as used in this article does not refer to, nor include, ice cream trucks as regulated in Article X of Chapter 36 of this Code. Mobile food vendor shall mean any person, as defined in this article, who: (1) Owns, controls, manages and/or leases a food vending vehicle; and/or (2) Contracts with a person(s) to drive, operate, prepare foods and/or vend from a food vending vehicle. Operator as used in this article shall mean any and all person(s) who drive, operate, vend and/or prepare food on or from a food vending vehicle. Operator's permit as used in this article shall mean the permit issued to and required for any person who is an operator as defined in this article. Person means any natural person, firm, partnership, association, corporation, stockholder and includes, but is not limited to, owners, operators, drivers, lessors and lessees of food vending vehicles. Produce shall mean articles produced or grown from or on the soil, or found in the soil, including, but not limited to, fruits, nuts and vegetables. Safety inspection sticker as used in this article shall mean that sticker affixed to a food vending vehicle evidencing that it has been inspected by the Santa Ana Police Department and found to be in safe operating condition. Vend or vending as used in this article means offering produce, prepared food, prepackaged food or non-food sundries of any kind for sale from a food vending vehicle on a public or private street, alley, highway or public place within the city of Santa Ana and includes the movement or standing of a food vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared food, prepackaged food or non-food sundries. Vendor's Permit as used in this article shall mean the permit issued to any person who is a mobile food vendor (as defined in this article) which permits the holder thereof to engage in the business of vending from a food vending vehicle. 2 ORDinAnCE S-22 1 413 Bee. 36-702. Permits required. (a) No person shall own, control, manage, lease or contract with other persons for the operation of a food vending vehicle in the City of Santa Ana without a valid vendor's permit issued pursuant to the provisions of this article in addition to any other license or permit required under any other chapter of this Code for each and every food vending vehicle. (b) No person shall drive, operate, vend and/or prepare food from or on any vehicle defined as a food vending vehicle in the city of Santa Ana without a valid operator's permit issued pursuant to the provisions of this article. See. 36-703. Permit term and renewal. The term of vendor and operator permits, unless sooner suspended or revoked, shall be for a period of one (1) year. Upon the expiration of such term, the permittee may renew the permit for additional one (1) year terms by submitting new applications in conformance with section 36-704 herein together with such permit renewal fees as may be established by resolution of the city council. Bec. 36-704. Applications for ven4or an4/or operator permits; Contents; Required fees. (a) Any person desiring to obtain a vendor's and/or an operator's permit shall make application to the chief of police. Applications for either a vendor's or an operator's permit shall be submitted in the form prescribed by the chief of police. Prior to submitting such applications a non-refundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is filed. Permit issuance fees required under this article shall be in addition to any license, permit or fee required under any other chapter of this Code. No permit application shall be processed unless and until the applicant has provided all the information requested on the application and has submitted the appropriate fee(s). If an applicant for a vendor permit also requires an operator's permit then it is not necessary for said applicant to pay a separate fee for the operator's permit application. (b) Neither the filing of any application for a permit, nor the payment of an application fee, shall authorize the vending from or the operation or management of a food vending vehicle until such 3 ORDINANCE NS-224 415 permit has been granted or renewed. Sao. 36-?05. Investigation of applioations. The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant for a vendor's permit or an operator's permit. The chief of police shall, within thirty (30) days after the date of the filing of the application, render a written recommendation to the city manager, as to approval or denial of the application for the permit or renewal thereof. Sec. 36-706. Issuance of permit. The city manager, or his designated representative, within ten (10) days after receiving the application and aforementioned recommendation from the chief of police, shall grant the vendor's permit or operator's permit only if he finds that all of the following requirements have been met: (a) (b) (c) (d) (e) The required fees have been paid; The application conforms in all respects to the provisions of this article; The applicant has not knowingly made a material misrepresentation of fact in this application; The applicant has fully cooperated in the investigation of the applicant; and, The applicant if an individual, or any of the directors, officers or stockholders holding more than five (5) per cent of the stock of the corporation, or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of t~e existing or proposed business of vending from a food vending vehicle, or a natural person employed or contracted with to be a driver, has not been convicted or pleaded nolo contendere or guilty within five (5) years prior to his application for a permit to a misdemeanor or felony crime of moral turpitude or drug related misdemeanor or felony crime, including but not limited to: the sale of a controlled substance specified in California Health Safety Code Sections 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; permitting gambling, pool selling or bookmaking; or, in the case of applications for an operator's permit, alcohol or drug-related traffic ORDINANCE NS-2241 41 ? offenses. The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in Section 11105 of the California Penal Code. Any complaint for the above- listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint. Bec. 36-707. Denial of permit. (a) If the city manager or his designated representative finds that all of the requirements set forth in section 36-706 have not been met, he shall deny the application for a vendor's or operator's permit. In the event the application for either permit is denied by the city manager or his designated representative, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for either permit. (b) Any applicant whose application for a vendor or operator's permit has been denied by the city manager or his designated representative may appeal such denial to the city council as provided by Chapter 3 of this Code. Sec. 36-708. Revocation of permit. (a) Any vendor's or operator's permit may be suspended revoked by the city manager or his designated representative any of the following reasons: or for (1) Falsehood of any information supplied by the permittee upon which issuance of the permit was based; (2) Failure of the permittee to notify the chief of police within two (2) weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based; (3) Failure of the permittee or of any employees or subcontractors of the permittee to comply with the regulations set forth in sections 36-709 through 36-718 inclusive; and/or (4) Violation by the permittee or any employee, subcontractor or independent contractor of the permittee, of any state 0 ORDINANCE NS-2241 419 law or municipal ordinance while in the course of conducting vending operations from a food vending vehicle pursuant to the permit. (b) No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation pursuant to the provisions of Chapter 3 of this Code. Notification to 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. If a timely appeal is filed the suspension or revocation shall be stayed and shall become effective only upon decision of the city council. Otherwise the suspension or revocation shall become effective after the timely appeal period has expired. (c) No person whose permit is revoked shall be eligible to apply for a new permit for a period of one (1) year following such revocation. 8eo. 36-709. Food vending vehicle regulations. (a) Each food vending vehicle shall have a current, valid County of Orange health inspection sticker affixed to the lower right side of the windshield and a current, valid Santa Ana Police Department inspection sticker affixed to the left side of the rear of the food vending vehicle. (b) Each operator shall be issued an identification card which will also serve as the operator's permit. The operator shall wear or carry such card in a visible position upon his or her person at all times while engaged in the operation of and/or the actual vending from a food vending vehicle, and shall produce the same for inspection upon request. Each operator permit holder shall immediately surrender to the chief of police any operator's permit issued by the city of Santa Ana upon the suspension, revocation or expiration of such permit or upon leaving employment as an operator. (c) In addition to the operator's permit required in section (b) above, each person who drives a food vending vehicle shall have on his/her person a current, valid California driver's license, which he/she shall make available for inspection by law enforcement officials upon request. Sec. 36-710. Prohibited conduct. (a) No person shall vend from a food vending vehicle which is stopped, parked or standing on any public street, alley or highway: 6 ORDINANCE NS-2241 421 (1) Within five hundred (500) feet of any school property, park, playground or recreational facility; (2) (3) (4) (5) Within five hundred (500) vending vehicle which is of vending; feet of any other food engaged in the operation Within two hundred (200) feet of an intersection; When the posted speed limit on the public street, alley or highway is greater than thirty-five (35) miles per hour; When the food vending vehicle is parked in violation of any other provision of this Code or the California Vehicle Code; (6) When any part of the food vending vehicle is open to prospective customers other than on the side of the vehicle next to the right side of the street, alley or highway; (7) When the food vending vehicle is not stopped, parked or standing on the right side of the street, alley or highway; (8) When the prospective customer is standing or sitting in another vehicle; or, (9) When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic. (b) No person shall back a food vending vehicle to make or attempt to make a sale. (c) No food vending vehicle shall be operated in any one location for longer than thirty (30) minutes, and shall be moved a minimum of five hundred (500) feet before vending again. (d) No minor under the age of sixteen (16) shall ride in or on a food vending vehicle while such food vending vehicle is engaged or about to be engaged in the operation of vending. (e) No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food vending vehicle. (f) All food vending vehicles shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such vehicle, and the operator of the food vending 7 ORDINANCE NS-2241 4~3 vehicle shall pick up all refuse generated by such operation within a fifty (50) foot radius of the vehicle before such vehicle is moved. Sec. 36-711. Vending of Produce. Ail produce regulated by the California Department of Food and Agriculture shall be handled, transported, displayed or disposed of in accordance with all California Department of Food and Agriculture regulations as they now exist or as amended from time to time, including, but not limited to, the following: Ail produce or commodities under quarantine by the California Department of Food and Agriculture will be protected or safeguarded in an approved manner by being bagged, covered or screened to prevent infestation; any open display is prohibited. (2) (3) (4) (5) Ail produce, commodities or their husks, cores, rinds, or pits shall be sealed in plastic bags before disposing of same. Every food vending vehicle shall have a receipt, invoice, bill of laden or other acceptable proof of origin of all produce or commodities under quarantine. Ail produce or commodities under quarantine that are sold, offered for sale, or transported within the quarantine area must be of commercial origin. Any violation of this section may result in the seizure of the produce or commodities in violation; all seized items will be destroyed. 8eo. 36-712. Operations on private property. Ail food vending vehicles are prohibited from operating on private property except: (a) the If a land use certificate has been obtained from Planning and Building Agency; or, (b) To provide meals for employees at the private property for a period of thirty (30) minutes or less. Sec. 36-713. Insurance provisions. (a) It shall be unlawful for any person to own, 8 lease, drive, ORD NAN¢ S-2241 425 operate or cause or permit to be driven or operated any food vending vehicle in the City of Santa Ana for vending purposes unless such person has submitted with his application for permit a motor vehicle liability insurance policy, covering each food vending vehicle, issued by a solvent corporation holding a certificate of authority to do insurance business in the State of california, which policy shall conform in all respects to the requirements of this Chapter. (b) The required motor vehicle liability policy shall insure the owner, driver, and any other person using or responsible for the use of any food vending vehicle with the consent, expressed or implied, of such owner, driver or person, against loss from the liability imposed upon such owner, driver or person by law for injury to, or death of, any person, or damage to property going out of the maintenance, operation or ownership of any food vending vehicle, in an amount of one million dollars ($1,000,000), combined single limit, no aggregate. (c) Every insurance policy and every certificate of motor vehicle liability insurance filed within the city pursuant to the provisions of this article shall contain the following endorsements: (1) It is hereby understood and agreed that, notwithstanding expressions consistent with or contrary thereto in this policy contained, the policy is expressly issued to cover a motor vehicle regulated by the provisions of Chapter 36, Article 13 of the Santa Ana Municipal Code. This policy shall insure to, and be for the benefit and protection of, anyone who shall sustain any damages or injury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or suffer death, by reason of the operation of the motor vehicle or from the defective condition thereof. Liability under this policy shall in no manner be abrogated or abated by the death or dissolution of the feasor or the insured. (2) (3) There is continuing liability up to the full amount of the policy, notwithstanding any action or recovery thereon. No cancellation or reduction in coverage of this policy for any reason whatsoever shall become effective until the expiration of thirty (30) days after written notice of such cancellation or reduction in coverage shall have been given to the chief of police. Said period of thirty (30) days to commence running from the date said notice is ORDINANCE NS-2241 4~ actually received in the office of the chief of police. Sec. 36-714. Inspection of food vending vehicle. (a) Each food vending vehicle for which a permit or renewal is sought shall be inspected by the Santa Ana Police Department to insure that the vehicle is mechanically fit and can be safely operated. (b) Unless otherwise waived by the Santa Ana Police Department and, in addition to other equipment required by law, each food vending vehicle shall be equipped with the following: (1) A convex mirror mounted so that the occupant of the driver's seat can see the area in front of the truck which is obscured by the vehicle's hood. (2) A back-up alarm audible for a distance of at least one hundred (100) feet. Seo. 36-715. Sanitation standards. (a) Each food vending vehicle, including the interior of cabinet units or compartments, shall be equipped so as to have smooth, easily accessible, and easily cleanable surfaces. Unfinished wooden surfaces are not permitted. Construction joints shall be tightly fitted and sealed so as to be readily cleanable. Equipment, including utensils, shall be constructed of nontoxic materials and shall be readily cleanable. (b) During the vending operation, no food shall be stored, displayed, or served from any place other than the food vending vehicle. (c) Food condiments shall be protected from contamination and, where available for self-service, shall be prepackaged or available only from approved dispensing devices. (d) During transportation and storage, food and food contact surfaces shall be protected from contamination. (e) Ail food vending vehicles shall operate out of a commissary or other facility approved by the County of Orange Health Care Agency. Food vending vehicles shall report to the commissary at least once each operating day for cleaning and servicing operations. In addition, food vending vehicles whereon non-prepackaged hot dogs are handled shall be properly stored at a commissary or other facility approved by the County of Orange Health Care Agency so as to be protected from unclean or unsanitary 10 ORDINANCE NS-2241 4~ conditions. (f) Food products remaining after each day's operation shall be stored only in a food facility approved by the County of Orange Health Care Agency. (g) Utensils and equipment shall be handled and stored so as to be protected from contamination. Single-service utensils shall be contained only in sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used once only. (h) Ail waste water shall be drained to a water receptor approved by the County of Orange Health Care Agency. (i) Readily perishable foods shall be maintained at or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above 60 degrees Celsius (140 degrees Fahrenheit) at all times. (j) Vending from a food vending vehicle pursuant to a land use certificate shall be conducted within 60 meters (200 feet) of approved and readily available toilet and handwashing facilities or as otherwise approved by the County of Orange Health Care Agency to ensure proper sanitary facilities are available to the mobile food vendors and operators. Bec. 36-716. Required signs and lettering. (a) There shall be displayed in a conspicuous place on both the right and left side of the food vending vehicle lettering permanently affixed showing the name of the company or operator of the food vending vehicle and the business address and telephone number thereof. The lettering for the name of the company or the operator of the food vending vehicle shall not be less than four (4) inches in height, shall be in contrast to the color of the background upon which they are placed, and shall have strokes at least three-eighths (3/8) of an inch wide. The lettering for the business address and telephone number shall not be less than one (1) inch high. (b) No other lettering, numbering, price lists, signs or insignia shall be displayed on the right and left side of the food vending vehicle so as to interfere with the visibility of the lettering required in subsection (a). Sec. 36-717 Noise level. (a) Horns shall be permitted to be used only when reasonably necessary to insure the safe operation of the food vending vehicle while being operated on any public or private street, alley or 11 O D NANCE S-2241 43! highway or on public property. (b) No person on a food vending vehicle shall operate any horns, sound amplification systems or other sound producing devices or music systems which can be heard outside of the food vending vehicle when such vehicle is moving, stopped, standing, or parked for purposes of advertisement when such vehicle is being operated as a food vending vehicle on any public or private street, alley or highway or on public property. Sec. 36-718. Applicability of regulations to existing business. The provisions of this article shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this article into law. All such persons and businesses shall have thirty (30) days from said effective date to file a completed application for a vendor's or operator's permit with the chief of police. sec. 36-719 Conducting as a nuisance. Any food vending vehicle operated contrary to the provisions of this article shall be and the same is hereby declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoyment thereof, in the manner provided in Chapter 17 (commencing with section 17-1) of the Santa Ana Municipal Code, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating a food vending vehicle contrary to the provisions of this article. Sec. 36-720. Penalty for violation. Every violation of the provisions of this article shall be deemed to be a misdemeanor and, upon conviction thereof, shall be punishable as provided for in section 1-8 of this Code. Each day any violation of any said provision of this article shall continue shall constitute a separate offense. SECTION 2: That Section 1-18.1 of the Santa Ana Municipal Code is hereby amended to read as follows: sec. 1-18.1. Plannihg and building agency authority to issue citations. 12 ORDINANCE NS-2241 433 The executive director of the planning and building agency, the planning manager, the building safety manager, community preservation inspectors, code enforcement inspectors, senior building inspectors, and building inspectors have the duty to enforce the following provisions of this Code: Chapter 8, sections 10-2~ 10-8~ 10-16~ 10-19~ 10-26, 10-64, 10-70, 10-71, 10-89, 10-97, 10-98, 10-100, 10-140, 10-141, 10-142, 10-143, 10-150, 10-151, 10-177, 10-197, 10-203, 10-209, 10-221 through 10-238; sections 16-1, 16-2, 16-3, 164, 16-6, 16-34, 16-35, 16-46 through 16-60; Chapter 17; sections 18-17, 18-39, 18-40, 18-352, 18-400 through 18-420; Chapter 21; Chapter 26; sections 36-700 through 36-720; and Chapter 41. The above-listed officers and employees are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section, and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C, Title III, Part 2 of the Penal Code of the State of California (commencing with Section 853.5). SECTION 3: That section 36-136(c) of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 36-136. Parking at certain places and for certain purposes prohibited. (a) Parking for sale, etc., when inoperative. No person shall park a vehicle upon any roadway for the principal purpose of displaying such vehicle for sale. No person shall park, stop or leave standing any vehicle for a period of time longer than twelve (12) hours on any public street or highway in the city unless such vehicle is in a condition to be lawfully operated upon the public highways; and no person shall repair, dismantle, overhaul or do any mechanical work upon any vehicle on any part of any public street or highway in the city except to change rims, to replace flat tires or to make other emergency repairs to enable such vehicle to be moved to the proper place for mechanical work. (b) Parking over seventy-two hours. No person who owns or has custody or control of any vehicle shall park or store such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours. The chief of police is authorized to remove any vehicle from the roadway if such vehicle is parked or stored in violation of this subsection (b). (c) Parking on left of one-way roadway. In the event the highway way includes two (2) or more separate roadways and traffic is restricted to one direction upon such roadway, no person shall 13 stop, stand or park a vehicle upon the left-hand side of such a one-way roadway. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 5th day of ATTEST: /~lce C. Guy VClerk of the Council COUNCILMEMBERS: Pulido Aye Espinoza Aye Lutz Aye McGuigan 2~Aa_ Mills Aye Moreno Aye Richardson Aye December , 1994. APPROVED AS TO FORM: city Attorney 14 436 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ]Ll$-,~o~ ~// to be the original ordinance adopted by the City Council of the City ,/o~ - ff'" ~" and that said ordinance was published in accordance of Santa Ana on with the Charter of the City of Santa Ana. Date: Clerk of the Council~ City of Santa Ana ~