HomeMy WebLinkAboutOrd. No. 2014-1327ORDINANCE NO. 2014 -1327
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING TITLE 5, BUSINESS TAXES,
LICENSES AND REGULATION, OF THE LAKE ELSINORE MUNICIPAL
CODE, ADDING CHAPTER 5.33; MOBILE FOOD TRUCKS
WHEREAS, the City finds that mobile food trucks have the potential to pose traffic
hazards and special dangers to the public health, safety and welfare; and
WHEREAS, Section 22455 of the California Vehicle Code authorizes the City to
regulate the time, place, and manner of vending from mobile food facilities to protect
public safety in the public right -of -way; and
WHEREAS, it is the purpose and intent of the City, in enacting this Ordinance, to
provide responsible companies and persons, which engage in the operation of a mobile
food truck, 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; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY ORDAIN, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Title 5 of the Lake Elsinore Municipal Code is hereby amended to
add the following Chapter 5.33
Chapter 5.33
MOBILE FOOD TRUCKS
Sections:
5.33.010 Purpose.
5.33.020 Definitions.
5.33.030 Mobile Vending License.
5.33.040 Business License Requirement.
5.33.050 Health Permit Requirement.
5.33.060 Sales Tax Reporting.
5.33.070 General Provisions for Mobile Food Trucks.
5.33.080 Mobile Food Trucks on Private Property.
5.33.090 Mobile Food Trucks on Public Right -of -Way,
5.33.100 Peddlers, Solicitors, and Mobile Vendors
5.33.110 Penalty for Violation.
5.33.010 Purpose. The purpose of this Chapter is to regulate mobile food truck activities
in order to protect public health, safety, and welfare, while accommodating commercial
uses that generally promote an active and social pedestrian environment within
appropriate areas of the City of Lake Elsinore.
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5.33.020 Definitions. The following words and terms are defined for the purpose of
applying the provisions of this Chapter:
"Business License" shall mean a City of Lake Elsinore Business License.
"Mobile Food Truck" shall mean a motorized vehicle or vehicle -towed trailer in which food
is cooked and /or prepared to order and is served to walk up customers.
"Mobile Food Truck Event" shall mean an organized gathering of Mobile Food Truck
vendors which is open to the general public.
"Mobile Food Truck Vending" shall mean selling, vending, supplying or providing of food,
drinks or any other consumables from a vehicle, truck or trailer.
"Mobile Vending License" shall mean a license issued for the purpose of mobile vending
pursuant to LEMC Chapter 5.32.
"Property Owner" shall mean the holder of fee title to a property, whether a person,
partnership, corporation or other entity recognized by law, and his /her /its lessees,
permittees, assignees or successors in interest.
"Public Property" shall mean any real property owned, leased, operated, or controlled by
the City of Lake Elsinore other than a street, alley, parkway, sidewalk or other area
dedicated, identified or used as a public right -of -way.
"Public Right -of -Way" shall mean 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.
"Special Event" shall mean an activity or series of activities as defined by LEMC Section
5.108.020.
5.33.030 Mobile Vending License. No person shall conduct Mobile Food Truck Vending
operation within the City of Lake Elsinore, without first obtaining a Mobile Vending License
from the City, except under the following conditions:
A. No Mobile Vending License shall be required when the Mobile Food Truck activity is
associated with the operation of a City - permitted Special Event, subject to the conditions
thereof.
B. No Mobile Vending License shall be required when the mobile vending activity is limited
to a single Mobile Food Truck on private property operating solely for private catering
purposes and when all of the following provisions are met:
1. The Mobile Food Truck is parked entirely on private property.
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2. Service is limited to the guests of the catered event only.
3. No payment transactions shall occur for individual orders taken by the Mobile
Food Truck operator.
5.33.040 Business License Requirement. It is unlawful for any person to operate a
Mobile Food Truck in the City without having a valid Business License obtained from the
City.
5.33.050 Health Permit Requirement. It is unlawful for any person to engage in the
activity of operating a Mobile Food Truck in the City of Lake Elsinore without a valid
permit, certificate, or other authorization as required by the County of Riverside
Department of Environmental Health. A copy of said permit shall be kept in the Mobile
Food Truck at all times.
5.33.060 Sales Tax Reporting. All Mobile Food Truck operators, shall be subject to
reporting of tax revenues generated within the City of Lake Elsinore to the State Board of
Equalization, and to show proof of a Seller's Permit obtained by the State Board of
Equalization.
5.33.070 General Provisions for Mobile Food Trucks.
A. No Mobile Food Truck shall operate before 7:00 a.m. or after 10:00 p.m., including set-
up and clean -up, except for private catering functions or Special Events as described in
LEMC Section 5.33.030 A, B of this Chapter.
B. No Mobile Food Truck shall operate within two- hundred fifty (250) feet of any off - street
Mobile Food Truck Event, City - permitted special or reoccurring event. Exceptions to this
prohibition are allowed when consent is provided within the Special Event permit. In this
case, all standards and conditions required by Section 5.33.080 of this Chapter shall
apply.
C. Mobile Food Trucks shall not idle vehicle engines more than five (5) minutes during
any one (1) hour time period.
D. Mobile Food Truck operators shall be responsible for controlling smoke and odors
caused by food preparation so as to avoid a public nuisance.
E. No amplified music or loudspeakers shall be permitted. The operation shall at all times
comply with the provisions of the City's Noise Ordinance (LEMC Chapter 17.176).
F. No temporary lighting shall be provided on the site where the Mobile Food Truck is
operating, except that localized lighting may be used on or in the Mobile Food Trucks for
the purpose of inside food preparation and menu illumination, except as otherwise
permitted for a Special Event.
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G. No signage other than that exhibited on the Mobile Food Truck may be displayed at
the site where the Mobile Food Truck is operating. The prohibition shall include any hand-
held signage and handbills.
H. No sales or service of alcohol shall be allowed by Mobile Food Trucks,
I. Food Trucks shall comply with all applicable state and federal laws and use best efforts
to provide accommodations and equal access to services to all members of the
community.
J. The Mobile Food Truck operator shall maintain and supply to the City, copies of policies
of commercial general liability and automobile liability, in an amount of no less than
$1,000,000 per occurrence, naming the City as an additional insured.
5.33.080 Mobile Food Trucks on Private Property. Mobile Food Trucks may operate
on private properties in Commercial and Manufacturing Zoning Districts pursuant to the
following minimum standards and conditions:
A. A minimum of two (2) off - street parking spaces shall be provided for each Mobile Food
Truck. The parking required herein shall not be reserved, encumbered, or designated to
satisfy the off - street parking of another business or activity that is operating on the site at
the same time as the Mobile Food Truck.
B. Separate refuse and recycling containers shall be provided on -site during all hours of
Mobile Food Truck operations. All litter generated within a minimum of a one - hundred
(100) foot radius of the site shall be collected prior to closure of the Mobile Food Truck
operations.
C. No overnight parking of Mobile Food Trucks shall be allowed on the permitted vending
site.
D. A maximum two- hundred (200) square foot, uncovered seating area may be provided
to serve patrons of the Mobile Food Truck. All seating areas shall be removed prior to
close of business for the day. The seating shall be located in an area of the site that is
not landscaped, reserved, encumbered, or designated to satisfy the off street parking of
a business or activity that is operating at the same time as the Mobile Food Truck, and
shall not obstruct any pedestrian or vehicular traffic.
5.33.090 Mobile Food Trucks on Public Right -of -Way. Mobile Food Trucks may
operate in legal parking spaces located adjacent to commercial and manufacturing zoning
districts, or in active construction sites, provided they comply with all of the following
minimum standards and conditions:
A. Mobile Food Trucks shall be parked directly adjacent to a paved sidewalk, free and
clear for pedestrian passage.
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B. Food service shall be limited solely to that side of the Mobile Food Truck facing the
adjacent sidewalk.
C. The Mobile Food Truck shall be in full compliance with all parking and Vehicle Code
provisions which apply to the location at which it is parked, including the maximum
allowed parking time limit for the parking space(s) occupied.
D. The Mobile Food Truck operations shall not obstruct pedestrian or vehicular traffic.
E. The Mobile Food Truck operator shall not encroach onto a public sidewalk with any
part of the vehicle or any other equipment or furniture related to the operation of its
business, except for required refuse and recycling receptacles, provided they maintain a
clear four (4) foot pedestrian walkway.
F. No Mobile Food Truck operator shall conduct business unless he or she maintains a
clearly designated refuse and recycling receptacle(s) in the immediate vicinity of the
vehicle. Such receptacles shall be marked with a sign requesting use by patrons. Prior to
leaving the location, the Mobile Food Truck Operator shall pick up, remove and dispose
of all trash generated by the Mobile Food Truck operations within one - hundred (100) feet
of the Truck.
G. No Mobile Food Truck shall operate in such a way so as to cause an unacceptable
reduction in sight distance for any cross street, crosswalk, driveway or any other similar
location where traffic, be it vehicular, pedestrian or bicycle, can be expected to enter the
roadway.
5.33.100 Peddlers, Solicitors, and Mobile Vendors. In the event of a conflict between
LEMC Chapter 5.32 regarding Peddlers, Solicitors, and Mobile Vendors and this LEMC
Chapter 5.33 with respect to Mobile Food Trucks, this LEMC Chapter 5.33 shall control.
5.33.110 Penalty for Violation. Any person who violates any provision of this chapter,
upon conviction thereof shall be punished in accordance with the provisions of this code.
In addition to any other penalty prescribed for a violation of this chapter, upon a
determination by the City that a person has violated any provision hereof, the City shall
revoke each and all business licenses which have been issued pursuant to LEMC
5.33.040 to the person who committed such violation and to the business by whom such
person was employed when the violation occurred.
In addition to any other penalty prescribed for a violation of this chapter, such a violation
shall constitute grounds for denial of the issuance or renewal of such a business license
to the person who committed the violation and to the business by whom such person was
employed when the violation occurred.
SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such invalidity
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shall not affect the other provisions of this Ordinance and are hereby declared to be
severable.
SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore,
California, on the 22nd day of July, 2014, and adopted at a regular meeting of the City
Council of the City of Lake Elsinore, California, on the 12th day of August, 2014.
ATTEST:
Virginia U1 BlooM, Citv Clerk
APP
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify
that Ordinance No. 2014 -1327 was introduced at the regular City Council
meeting of July 22, 2014, and adopted at the regular meeting of August 12, 2014,
by the following roll call vote:
AYES: Council Member Tisdale, Mayor Pro Tern Manos, Council Member
Hickman, Council Member Magee and Mayor Johnson
NOES: None
ABSENT: None
ABSTAIN: None fl
rgirfl4 . Bloorih, City Clerk