19.58.440 Mobile food facilities | Chula Vista Municipal Code

19.58.440 Mobile food facilities.

A. Purpose. Mobile food facilities benefit the community by providing gourmet and fast food services to City residents, workers and visitors. They also provide an entrepreneurial opportunity for small businesses to operate in the City, and for brick-and-mortar restaurants to operate in different locations or markets. When operated at the invitation of a brewery or retail center, mobile food facilities draw customers that benefit these businesses. Similarly, when operated as part of a permitted special event, mobile food facilities draw customers that benefit the special event.

The City needs to protect the public by ensuring mobile food facilities are operated in a safe manner and do not create nuisances or hazards. Reasonable regulations are necessary to ensure that mobile food facilities are operated in accordance with health, safety and traffic laws of the state and the parking ordinances of the City; do not cause public safety problems by contributing to traffic congestion or by creating pedestrian and vehicular conflicts; and do not disturb the quiet use and peaceful enjoyment of residential neighborhoods. The regulations in this section are enacted in accordance with the authority granted in Section 22455 of the California Vehicle Code and California Health and Safety Code Section 114315 et seq. (the “California Retail Food Code”), as each may be amended.

1. “Authorizing Person” means a property owner, host, tenant, lessor, or manager of real property, or an agent thereof, who is responsible for authorizing location of a mobile food facility on the property.

2. “Hosting Permit” means a permit authorizing an Authorizing Person to host a mobile food facility on their premises.

3. “Mobile food facility” means a large vehicle equipped to cook and sell food as a mobile kitchen, and as defined in California Health and Safety Code Section 113831, as may be amended, and also means a vehicle that operates as a food facility from which food is sold or distributed at retail.

a. “Mobile food facility” does not include a “transporter” used to transport packaged food from a facility, or other approved source, to the consumer.

b. “Mobile food facility” does not include ice cream trucks that sell pre-made, prepared, or prepackaged products, or unprepared food vending vehicles, which are defined in CVMC 8.20.010, or vehicles that deliver prepared food to subscribers.

4. “Responsible Party” is defined in CVMC 1.04.010, and, for purposes of this section, also includes Authorizing Persons and Vendors.

5. The terms “street,” “highway,” and “vehicle” have the same definition as in the California Vehicle Code, as may be amended.

6. “Trailer” means an unpowered vehicle towed by another vehicle.

7. “Vending Permit” means a permit allowing a Vendor to operate a mobile food facility on private and public property, and in the public right-of-way.

8. “Vendor” means a person who owns, leases, manages or vends from a mobile food facility.

C. Mobile Food Facilities – License Tax Required. Every person conducting, managing or operating a mobile food facility shall pay a tax as presently designated, or as may be amended in the future, pursuant to Master Tax Schedule Section CVMC 5.07.030. The license obtained by payment of the license tax shall identify the particular vehicle to be used and shall be kept on the vehicle, available for inspection at all times.

D. Mobile Food Facilities on Private, Public, and City Property. Mobile food facilities may operate on nonresidential and residential private property with prior written consent of an Authorizing Person. Mobile food facilities may operate on City property with the prior written consent of the City Manager or designee, and may also operate on public streets and highways. All mobile food facilities, regardless of vending location, are subject to the Vending Permit requirements and the regulations set forth herein, as well as other applicable provisions of the Municipal Code, California law and federal law.

1. Mobile food facilities may operate as an accessory or ancillary use in all agricultural, mixed use, commercial and industrial zones, and similar zones for all sectional planning area (SPA) plans and specific plans upon issuance of a Vending Permit by the City Manager or designee, except where prohibited in this Municipal Code.

2. Mobile food facilities may operate at multiple nonresidential sites with a valid annual Vending Permit for each site, and written permission by an Authorizing Person representing property or business ownership, in possession of a Hosting Permit, where the mobile food facility operates.

3. Mobile food facilities may not operate in residential zones, except:

a. Pursuant to a block party permit issued by the City; or

b. When an Authorizing Person has invited a mobile food facility onto the premises of a college, school, religious institution, construction site, or other private property in a residential zone, when providing food service to patrons on such premises exclusively.

4. Mobile food facilities are prohibited from vending on vacant lots or gas service stations, and shall not be the primary use on any lot.

E. Private Catering. Mobile food facilities may operate as a private food and beverage caterer with a Vending Permit under the following conditions:

1. The mobile food facility shall be parked entirely on private property.

2. Service shall be limited to guests of the event host; no walk-up customers are permitted.

3. Payment transactions shall occur between the event host and the Vendor only.

1. An Authorizing Person wanting to host mobile food facilities on their property shall obtain an annual Hosting Permit prior to allowing mobile food facility Vendors on their premises.

2. Payment of a fee is required for an annual Hosting Permit. The permit fee shall be as set forth in the Master Fee Schedule of the City adopted by resolution by the City Council. The City Manager shall from time to time recommend such fees to the City Council that reflect an amount to equal but not to exceed the reasonable costs of administration of the program.

1. All mobile food facility Vendors shall obtain an annual Vending Permit before offering food or beverages for sale at each location in the City.

2. Payment of a fee is required for an annual Vending Permit. The permit fee shall be as set forth in the Master Fee Schedule of the City adopted by resolution by the City Council. The City Manager shall from time to time recommend such fees to the City Council that reflect an amount to equal but not to exceed the reasonable costs of administration of the program.

3. The following shall be submitted with each application for a mobile food facility Vending Permit and when a Vending Permit is issued, the Vendor shall maintain the following during the permit year, and shall present the Vending Permit and any of the following, upon request, to a police officer, code enforcement officer, or any other person designated by the City to enforce this section:

a. A business tax certificate (license) to operate in Chula Vista; a separate business license is required for each mobile food facility.

b. A valid driver’s license for each mobile food facility driver.

c. Proof of commercial vehicle insurance for each mobile food facility.

d. A commissary agreement for each mobile food facility to park, clean, and obtain supplies from a commissary that provides these services; except trailers.

e. A health permit issued by the San Diego County Department of Environmental Health for each mobile food facility.

f. When vending on nonresidential private property either pursuant to a special event permit or a Vending Permit, a written agreement with an Authorizing Person authorizing the Vendor to operate a mobile food facility on the property, including days and hours of operation.

g. When vending on private property for more than a one-hour period, a written agreement with an Authorizing Person authorizing mobile food facility employees to use toilet and handwashing facilities on site; portable toilets and portable handwashing do not satisfy this requirement.

h. When vending on public property or City property, an agreement to indemnify and hold harmless the City, on a form provided by the City, and a certificate of insurance naming the City of Chula Vista as an additional insured in an amount and manner determined by City at City’s sole discretion.

4. A Vending Permit is nontransferable.

H. Mobile Food Facility Regulations. Vendors and Authorizing Persons are required to ensure that all mobile food facilities comply with the following regulations:

1. Only food and beverages regulated by the California Retail Food Code shall be offered for sale or distribution.

2. Litter generated by the mobile food facility Vendor or customers shall be picked up within a 25-foot radius of the mobile food facility before the mobile food facility leaves the vending location.

3. A trash receptacle and a separate recycling receptacle shall be provided for use by employees and customers; the Vendor shall remove trash and recycling receptacles before leaving the vending site.

4. Advertising shall be limited to A-frames entirely on the premises only, or advertising on or in the mobile food facility.

5. Lighting shall be provided during hours of darkness to ensure customer safety. Lighting shall not create glare and shall be directed downward and away from adjacent properties.

6. A mobile food facility shall be operated only on a paved level area. A paved level area means an area having a surface comprised of decomposed granite (DG), asphalt/concrete (A/C), or concrete with a cross fall not greater than 2.0 percent.

7. The Vending Permit shall be displayed in a place on the mobile food facility visible from outside.

8. Mobile food facilities shall be entirely self-sufficient in regards to gas, electricity, water and telecommunications.

9. All other applicable provisions of the Municipal Code and state and federal laws that regulate mobile food facilities and commercial vehicle operations on public or private property and all traffic, parking and motor vehicle laws shall be followed.

I. Mobile Food Facility Prohibitions. Vendors and Authorizing Persons are required to ensure that all mobile food facilities, except for mobile food facilities operating as part of a special event for which a special event permit has been issued by the City, shall comply with the following prohibitions:

1. No alcoholic beverages or tobacco products shall be served or sold.

2. Music or other noise shall not exceed the limits set by the provisions of Chapter 19.68 CVMC, Performance Standards and Noise Control.

3. All associated equipment and operations shall be self-contained within mobile food facilities. A condiment table and four belly bars of uniform size, eight chairs, and one 10-foot-by-10-foot pop-up canopy are allowed adjacent to the mobile food facility. The following items, which shall include, but not be limited to: detached benches; heaters; generators; and exterior electrical cords; exterior hoses and tents; are prohibited.

4. An awning that does not exceed the square footage of the mobile food facility and that is attached, and fully supported by the mobile food facility, is allowed. Such awnings shall not be tied to traffic signals, light standards, sign poles, parking meters, newspaper racks, bus stops, benches, trash receptacles or other similar fixed objects.

5. When a mobile food facility is located within 500 feet of a residential zone, operations, including set up and tear down, are allowed only between 7:00 a.m. and 10:00 p.m. weekdays and between 8:00 a.m. and 10:00 p.m. weekends.

6. A mobile food facility shall not be parked so that it: (a) restricts sight distances at driveways and intersections; or (b) interferes with the free flow of pedestrian or vehicle circulation and traffic, including but not limited to access to or egress from any business, public building, or dwelling unit.

7. A mobile food facility may not be operated in such a way as to occupy more than 25 percent of paved area on the property upon which it is located.

8. The maximum number of mobile food facilities permitted on a site is determined as follows:

a. One mobile food facility may operate on the site for every 525 square feet of paved area (at least 35 feet by 15 feet in dimension) available for vending activity, except that mobile food facilities greater than 30 feet in length require a space at least 70 feet by 15 feet.

b. Mobile food facility vending activity at a private parking lot shall not impact on-site parking or reduce the number of parking spaces required for on-site uses while those uses are in operation.

9. Mobile food facilities shall not be located within 30 feet of an intersection when parked on a street or highway, sales shall be from the curbside only – except when parked in diagonal spaces – and pedestrian or vehicular circulation on the street, sidewalk, or parkway shall not be obstructed.

10. No person shall stop or park a mobile food facility on a public street within 500 feet of any school property boundary in the City of Chula Vista between the hours of 7:00 a.m. and 5:00 p.m. on regular school days. For purposes of this provision, “school” means all public or private schools in which instruction is given through grade 12 or in any one or more of such grades.

J. Exceptions to Mobile Food Facility Prohibitions. The prohibitions in subsection (I)(3) of this section shall not apply to a mobile food facility operating entirely on private property that is not open to the general public, is closed to walk-up sales to the general public, and is available for sales or service only to guests, customers or employees and is operating pursuant to a special event permit.

K. Vending Permit Issuance. The City Manager or designee shall approve and issue a Vending Permit if all applicable sections of this chapter are satisfied and required fees are paid. The permit is effective on the date of issuance, and is effective for one year or until the expiration of a valid business license, whichever comes first. A permit shall not be issued for a location where an enforcement action for code violations or unlawful activity is pending.

L. Hosting Permit Issuance. The City Manager or designee shall approve and issue a Hosting Permit if all applicable sections of this chapter are satisfied and required fees are paid. The permit is effective on the date of issuance, and is effective for one year or until the expiration of a valid business license, whichever comes first. A permit shall not be issued for a location where an enforcement action for code violations or unlawful activity is pending.

M. Enforcement of Violations – Appeal of Vending Permit Denial or Revocation. Violation of any provision of this chapter is subject to enforcement pursuant to the provisions of Chapters 1.20 through 1.41 CVMC. For purposes of enforcement of this section, a Responsible Party, as defined in CVMC 1.04.010, also includes Vendors and Authorizing Persons. Denial or revocation of a Vending Permit may be appealed pursuant to Chapter 1.40 CVMC. If a Vendor or Authorized Person is cited for three violations within one year, no Vending Permit or Hosting Permit shall be granted the following year. The Vendor or Authorizing Person may apply for a permit two years after the last violation. (Ord. 3432 § 1, 2018).