Ordinance 2019-XXX Adopted by the City of South Lake Tahoe City Council February 19, 2019 Repealing and replacing City Code Chapter 4.35, Mobile Vending; amending City Code Section 2.35.070, Administrative Appeals; and adopting City Code Chapter 6.70, Mobile Vending Private Property Locations FINDINGS A. On May 15, 2018, the City Council directed staff to conduct research, engage public input, and develop recommendations on the regulation of mobile vending in the City; and B. City staff, working with a group representing opinions on the issue, researched case studies and existing regulations, published a website, conducted public workshops and published a survey in order to develop recommended regulations on mobile vending; and C. Government Code Section 65853 et seq. requires the Planning Commission to conduct a public hearing and provide a written recommendation to the City Council on any new zoning ordinance or regulation of the use of land; and D. On November 8, 2018, the Planning Commission received a report from City staff at a public meeting and discussed preliminary staff recommendations; and E. On December 13, 2018 the Planning Commission conducted a public hearing and considered City Code amendments that would modify requirements for Mobile Vendor Permits and allow for limited mobile vending on private property with approval of a Mobile Vending Location Permit; and F. The Planning Commission unanimously adopted Resolution 2018-10 recommending that the City Council repeal and replace City Code Chapter 4.35, Mobile Vending; amend City Code Section 2.35.070, Administrative Appeals; and adopt City Code Chapter 6.70, Mobile Vending Private Property Locations. Ordinance 2019-XXX February 19, 2019 Page 1 of 17
Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows: SECTION 1. The purpose of regulating mobile vending activities in the City is to ensure the health, safety, and welfare of South Lake Tahoe residents and visitors; and SECTION 2. The action taken on this matter and recommendations made after consideration of the whole administrative record are consistent with Government Code Section 65853 et seq.; and SECTION 3. The City Council finds that the amendments are categorically exempt from the California Environmental Quality Act, Statute and Guidelines, pursuant to California Code of Regulations Section 15301, Existing Facilities, Section 15311, Accessory Structures, and Section 15332, In-Fill Development Projects, and SECTION 4. Title 4, Chapter 4.35 of the South Lake Tahoe City Code is amended by repealing and replacing Chapter 4.35 (Mobile Vending) with a new Chapter 4.35 (Mobile Vending) to read as follows: Chapter 4.35 MOBILE VENDING Sections: 4.35.010 Definitions. 4.35.020 Mobile Vendor Permit and Operator s License Required. 4.35.030 Application for owner s permit. 4.35.040 Issuance of permit. 4.35.050 Hold harmless 4.35.060 Operation and maintenance. 4.35.070 Miscellaneous standards. 4.35.080 Suspension or revocation of permit or license and appeal. 4.35.090 Operator s license posting required. 4.35.100 Enforcement of chapter. 4.35.010 Definitions. For the purposes of this chapter, the following terms, phrases and words shall have the meanings hereinafter set forth: A. Catering operation means a food service that is conducted by a permanent food facility approved for food preparation where food is served, or limited food preparation is conducted, at a location other than its permitted location, as part of a contracted offsite food service event. Ordinance 2019-XXX February 19, 2019 Page 2 of 17
B. "Certified farmers' market" means a location that is certified by the State of California through the enforcement officers of the county agricultural commissioners and operated pursuant to Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter. C. "Commissary" means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur: (a) Food, containers, or supplies are stored; (b) Food is prepared or prepackaged for sale or service at other locations; (c) Utensils are cleaned; or (d) Liquid and solid wastes are disposed, or potable water is obtained. D. "Employee" means any person working in a food facility, including the permit holder, person in charge, person having supervisory or management duties, person on the payroll, volunteer, and any person performing work under contractual agreement. E. Health permit means a valid Food Facility Permit issued by the El Dorado County environmental management office. F. Mobile Food Facility means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. Food Facility shall have the same meaning as defined in California Health and Safety Code section 113789. G. Mobile Vending means conducting the business of selling a product from a mobile food facility on a temporary, intermittent or seasonal basis. H. Mobile Vendor means a person conducting the business of selling a product from a mobile food facility on a temporary, intermittent or seasonal basis. I. Mobile Vendor Permit means permission issued by the chief of police or his or her designee authorizing the holder thereof to conduct a mobile food facility business in the city. J. Operator s license means permission issued by the chief of police or his or her designee authorizing the holder thereof to operate a mobile food facility. K. Owner or person includes any natural person, partnership, corporation, firm or association engaged in the business of mobile vending. It also includes a receiver or trustees appointed by any court. L. Sidewalk vendor means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one s person, upon a public sidewalk or other pedestrian path. Ordinance 2019-XXX February 19, 2019 Page 3 of 17
4.35.020 Mobile vendor permit and operator s license required. It is unlawful for a person to conduct a mobile food facility business in the city without a mobile vendor permit. All persons hired or contracted to operate a mobile food facility shall be identified in the mobile vendor permit and each driver shall obtain an operator s license. It is unlawful for a person to drive a vehicle being used as a mobile food facility without a valid operator s license. The current mobile vendor permit and operator s license for each operator shall be kept in the mobile food facility at all times. It is unlawful for any person to engage in mobile vending except in accordance with such terms, conditions, restrictions and limitations as may be set forth in the mobile vendor permit and operator s license. The following activities are exempt from the requirements of this Chapter: A. Mobile food facilities and catering operations serving at private events that are not open to the public, B. Mobile food facilities and catering operations serving at Temporary Activities in compliance with SLTCC 6.55.230.A, permitted Special Events, or Certified Farmers Markets, 4.35.030 Application for mobile vendor permit. Any person desiring to obtain a mobile vendor permit shall make application to the chief of police or his or her designee, which application shall be verified under penalty of perjury and shall furnish the following information: A. The name, age, business address, and residence of the applicant, if a natural person; if a corporation, its name, date and place of incorporation, address of its principal office, and the names of its principal officers together with their respective addresses; if a partnership, association or other unincorporated entity, the names of the partners or persons comprising the association or company, with the place of business and residence of each; B. A completed background check to include Live Scan fingerprinting of the business owner; C. The number of mobile food facilities to be operated or controlled by the applicant, and the description of each vehicle, giving the model, serial and license number, where available, and the location of proposed commissary; D. The color scheme or insignia to be used to designate the mobile food facility or facilities of the applicant. This may include a photo of the mobile food facility(ies); E. A statement that each mobile food facility is in a safe operating condition, evidenced by an inspection performed by a mechanic licensed by the state of California within the previous 30 days; F. Evidence that applicant is the registered owner of each mobile food facility; G. If the mobile food facility includes a power generator, a specifications sheet indicating that the generator is designed to operate with noise levels less than 65 db(a) rated load as tested in accordance with ISO 9614-2; Ordinance 2019-XXX February 19, 2019 Page 4 of 17
H. Evidence of a health permit issued by the El Dorado County environmental management office; I. Special Purpose Commercial Coach Insignia number issued by the California Department of Housing and Community Development Division of Codes and Standards for each mobile food facility. Insignis shall be affixed to the mobile food facility indicating that the mobile food facility has been constructed to California standards; J. Copy of a business license from the City of South Lake Tahoe; K. Copy of the indemnification agreement with the City of South Lake Tahoe; L. List of operators (including owner) requesting an operator s license. List shall include each operator s name, birthdate, driver s license number, height, hair color, eye color, current residence address, and current telephone number; and M. When the applicant proposes to operate within a public right of way, a completed background check to include Live Scan fingerprinting, is required for each operator; and N. A Department of Motor Vehicles driver s record, issued within the last 30 days for each operator. 4.35.040 Issuance or denial of mobile vendor permit. A. If the chief of police or his or her designee finds that the proposed applicant is fit, willing and able to perform such services and to conform to all of the provisions of this chapter, then the chief of police or his or her designee shall issue a mobile vendor permit stating the name and address of the applicant, the number of mobile food facilities authorized, the date of issuance, the term thereof, and such conditions as the chief of police or his or her designee deems reasonable or necessary in order to ensure compliance with this chapter. An operator s license shall also be issued to each approved operator. B. Each mobile vendor permit and its associated operator s licenses shall have a term of one year and may be renewed annually. The chief of police or his or her designee shall renew a mobile vendor permit and its associated operator s licenses upon submission of the following prior to the expiration of the term: 1. Current business license issued by the City of South Lake Tahoe; 2. Current indemnification agreement; 3. List of all employees and operators and a DMV driver s record, issued within the last 30 days, for each operator. When the applicant proposes to operate within a public right of way a completed background check to include Live Scan fingerprinting, is also required for each operator. 4. Current insurance policy; Ordinance 2019-XXX February 19, 2019 Page 5 of 17
5. A statement that each mobile food facility is in a safe operating condition, evidenced by an inspection performed by a mechanic licensed by the state of California within the previous 30 days; 6. Current Health Permit from the El Dorado environmental management office for each mobile food facility operated; and 7. The payment of all fees established by City Council Ordinance or adopted Master Fee Schedule C. The chief of police or his or her designee shall deny an application for mobile vendor permit or operator s license if he or she determines that: 1. The application fails to contain all of the required information in Section 4.35.030; 2. The application contains one or more false statements; 3. The applicant or operator has been convicted of any crime or otherwise found to be in violation of any law or regulation intended to protect public safety; 4. The applicant or operator has been convicted of a crime involving moral turpitude; 5. The applicant or operator has been convicted of any offense requiring registration under either Section 290 of the Penal Code or Section 11590 of the Health and Safety Code; or 6. The applicant or operator is under 18 years of age. Any person denied a mobile vendor permit or operator s license may file an appeal in accordance with Chapter 2.35 of this code. 4.35.050 Hold harmless. The mobile vendor permit applicant shall indemnify, defend and hold harmless the city, its elected and appointed boards, officers, employees, agents, volunteers, contractors, and invitees from any and all liability, for any and all claims, demands, actions, losses, damages, and injuries, direct or indirect (including any and all costs and expenses in connection therewith), arising from the operations conducted under the mobile vendor permit, from and against each and every claim and demand of whatsoever nature made on behalf of or by any person, persons, firm, partnership, corporation or otherwise, including the applicant s employees. 4.35.060 Operation and maintenance. All mobile food facilities shall be operated as follows: A. Other than pursuant to a valid temporary activity permit, special event permit, certified farmer s market permit or mobile vending location permit, it shall be unlawful to vend from a parked mobile vending vehicle except as provided herein. Ordinance 2019-XXX February 19, 2019 Page 6 of 17
B. It is unlawful for a person to conduct mobile vending outside the hours between 7:00 a.m. and 2:00 am. C. Mobile vending within a public right-of-way may occur in any zoning district within the city. The mobile food facility must be at a complete stop and parked in compliance with the California Vehicle Code and this code. D. It is unlawful for a person to park within a public right-of-way to conduct mobile vending business for more than 15 minutes at any one location. E. Mobile vending is prohibited on any state highway. F. It is unlawful for a person to stand, stop, or park a mobile food facility within 500 feet of the property line of any school with students 18 years of age or younger between the hours of 8:00 a.m. and 7:00 p.m. on days when school is in session. This provision may be waived with approval of the subject school district or school operator. G. When operating within the public right of way, items vended shall be dispensed from the non-traffic side of the street. It is unlawful for a person to dispense vended items on the traffic side. H. Mobile food facilities must have current and valid vehicle registration clearly marked on their plates while vending in the public right-of-way. I. It is unlawful for a person to vend from a mobile food facility within the public right-of-way less than 10 feet from the entrance to the front door of a business, less than four feet from a building, or less than 15 feet from any street corner curb radius. J. Mobile food facilities operating within the public right-of-way shall comply with all local, state and TRPA regulations regarding noise levels, including the noise ordinance of the City of South Lake Tahoe. In addition, no vendor shall be so loud as to be heard inside the premises of an adjacent building or structure while the entrance door to the premises is closed. K. It is unlawful for a person to operate a mobile food facility in a manner that blocks or obstructs the free movement of pedestrians or vehicles on any sidewalk, walkway, street, alley or other public right- of-way. L. Vending of items other than food is prohibited. M. All mobile food facilities shall comply with all applicable laws. N. The conduct of the vending business shall not create a potential safety issue or obstruction to the normal flow of traffic within a public right-of-way. O. Any mobile food facility vending within the public right-of-way shall be equipped at all times while engaged in vending with signs mounted on the front and the rear and clearly legible from a distance of 100 feet in daylight conditions Ordinance 2019-XXX February 19, 2019 Page 7 of 17
incorporating the words WARNING and CHILDREN CROSSING OR PEDESTRIANS CROSSING. Each sign shall be 12 inches high by 48 inches wide, with letters of a dark color and at least four inches in height, a one-inchwide solid border and sharply contrasting background. P. The price of products available for sale shall be affixed to the exterior of the mobile food facility in full view of and legible to prospective customers. Q. All of the above provisions shall be applicable to mobile vendor permit holders as well as operator s license holders, and it is unlawful for any person to violate any of the provisions of this chapter. Knowing or repeated violations shall be grounds for suspension or revocation of the mobile vendor permit and operator s license. 4.35.070 Miscellaneous standards. A. City s right to audit. The City of South Lake Tahoe retains the right to audit the books of each mobile vendor permittee and operator s licensee at all reasonable times, and prescribe reasonable rules and regulations concerning the method of keeping such records. B. Administrative policies/procedures. The chief of police is authorized to establish and carry out such administrative policies and procedures that, in his or her reasonable discretion, may be necessary to protect the health, safety and welfare of the public in their conducting of business with mobile vendors. 4.35.080 Suspension or revocation of permit or license and appeal. A. Grounds for revocation, suspension, and fines. The chief of police or his or her designee may permanently revoke or temporarily suspend a mobile vendor permit or operator s license in accordance with such provisions of this chapter and rules and regulations of the chief of police upon any of the following grounds: 1. Failure to provide such mobile food facility service as are required in accordance with the permit and license issued therefor. 2. The occurrence of any act or omission which operates to deprive the holder of a permit or license of the authorization necessary for the lawful and proper conduct and operation of the service authorized, including any disqualifying act set forth in Section 4.35.040 of this code. Failure or refusal of the holder of a permit or license to perform any act required to be performed by it under the provisions of this chapter; or such person s performing, or allowing or permitting to be performed, any act which it is hereunder prohibited from doing. 3. The violation of any of the provisions, terms, conditions, restrictions, and limitations of the mobile vendor permit or operator s license issued to the holder, or any of the agreements executed pursuant thereto. 4. The violation of any order, decision, rule, regulation, direction, demand or requirement made or established pursuant to this chapter. Ordinance 2019-XXX February 19, 2019 Page 8 of 17
5. The conviction of the holder of a permit or license of any crime determined to be detrimental to the public safety. 6. Failure to pay any fee, penalty or fine imposed on said holder under this chapter, within the time required thereby, or by the order of the chief of police or his or her designee. 7. Upon the voluntary written request of the holder of a permit to suspend such permit for a definite period of time. 8. Failure of operator to take or pass a drug-screening test upon request following an accident. 9. Failure to pay, within 30 days after it has become final, any judgment against the owner of a permit for personal injury or death or property damage arising out of the operation of such vehicle allowed to operate hereunder. B. In addition to such revocation or suspension or as an alternative thereto the chief of police or his or her designee may impose upon the holder of such permit monetary administrative penalty for each day that the act or omission which constitutes such ground for revocation, suspension and/or fine continues. C. Regular hearings immediate hazards. Except as otherwise required under this section, a mobile vendor permit shall be revoked or suspended only after reasonable notice and an opportunity to be heard has been given. a. In the event of an immediate hazard to life, limb, health, safety, property or general welfare, the chief of police or his or her designee, upon good cause shown, may issue an order requiring the holder of a permit immediately to cease and desist from engaging in all or any portion of the mobile vending business which constitutes such hazard, and further ordering that such party show cause why the permit should not be suspended or revoked. b. The order shall specify the time, date and place of hearing thereon and the period during which the order will be effective. Such period may be extended from time to time as reasonably required to carry out the purposes of this chapter. c. Upon service of and during such time as there is in force and effect an order requiring the holder of a permit to cease and desist from all or a portion of the business described in such order, no holder of a permit shall fail or refuse to comply with the provisions of such order, or with such order as modified during the pendency of hearing thereon. d. Conduct of hearing. Upon such hearing, the holder of a permit shall have the right to be personally present or through counsel or other representatives to introduce oral and documentary evidence, to examine Ordinance 2019-XXX February 19, 2019 Page 9 of 17
and re-examine witnesses, and to be heard in support of his respective positions. Within 15 days after closing a hearing, the chief of police or his or her designee shall render a written decision thereon, specifying findings therefor. D. Any person whose mobile vendor permit or operator s license is revoked or suspended may file an appeal in accordance with Chapter 2.35 of this code. 4.35.090 Operator s license posting required. Every person driving a vehicle used as a mobile food facility shall obtain from the chief of police or his or her designee an operator s license, which shall contain the driver s name, driver s license number of the operator, the name of the company holding the applicable mobile vendor permit and a photograph of the operator. Such operator s license shall be in the possession of the operator at all times when conducting business in a mobile food facility 4.35.100 Enforcement of chapter. A. Any person who knowingly or intentionally misrepresents to any officer or employee of the city any material fact in applying for a mobile vendor permit or operator s license shall be guilty of a misdemeanor. The ownership of any mobile vending business operating or allowing the operation of any mobile food facility upon the streets of this city in violation of this chapter shall be deemed to constitute a misdemeanor, and further, shall be deemed to be a public nuisance, and may be, by this city, summarily abated as such, including, without limitation, the right to confiscate and impound any such vehicle until such time as any and all such violations have been otherwise abated. Any mobile food facility which is operated by a driver without a current mobile vendor permit or operator s license will be towed and impounded, and the following fines will be assessed: 1. First offense $250.00; 2. Second offense within one year $500.00; and 3. Third offense within one year $1,000. B. Except as otherwise set forth above, any violation of this chapter shall be an infraction, punishable as provided by law. The city attorney and district attorney are additionally authorized to pursue any and all other remedies available in law or equity for violations of this chapter. SECTION 5. Title 2, Chapter 2.35, Section 2.35.070 of the South Lake Tahoe City Code is amended to read as follows: 2.35.070 Appeal hearings. The hearing officer, board, commission or council of the city shall, upon timely receipt of a notice of appeal that complies with this chapter, schedule a hearing on the appeal. The hearing, officer, board, commission or council shall either (1) make findings of fact Ordinance 2019-XXX February 19, 2019 Page 10 of 17
at the appeal hearing, which findings of fact are based upon the evidence submitted and determine whether grounds exist for denial of the appeal; or (2) make findings of fact after the appeal hearing and in writing, notifying the appellant of the hearing officer, board, commission, or council s decision. Table 2.35.070 sets forth the various appealable actions and matters as well as the offer, board, commission or council charged with the responsibility of hearing each appealable action and matter. Intermediary appeals shall be first made to the intermediary appeal officer or board. Appeals of decisions made by the intermediary appeal officer or board may be made to the final appeal officer or board. The decision of the final appeal officer or board shall be final and may not be appealed. Table 2.35.070: Appealable Actions and Matters Permit or Action Type Reference Chapter Tax Determinations 3.20.060 3.20.110 Emergency Communication System Access Fee Business and Professions Tax and License Intermediary Appeal Officer or Board Tax Collector Final Appeal Officer or Board City Council 3.30.170 Finance Director City Manager 3.35.170 3.35.270 None City Council Business Classification 3.35.340 Tax Collector City Council Revocation of Business Permit by the Chief of Police for Violation of California Health and Safety Section 11364.5 Transient Lodging Tax Redetermination Transient Lodging: Occupancy and Permits Vacation Home Rental Permit 3.35.420 None City Manager 3.50.130 Finance Director City Manager 3.50.040 3.50.190 Planning Commission City Council 3.50.430 Planning Commission City Council Animal Control Fees 4.05.080 None City Council Massage 4.15.040 None City Council Bingo Permit 4.20.060 None City Council Mobile Vending Permit 4.35.080 None City Council Ordinance 2019-XXX February 19, 2019 Page 11 of 17
Permit or Action Type Reference Chapter Intermediary Appeal Officer or Board Final Appeal Officer or Board Alcohol Use Permit 4.70.130 None City Council Escort Permit Grant, Denial, Suspension or Revocation 4.70.200 City Manager City Council Private Patrol Permit 4.140.090 None City Council False Alarm Permit 4.145.070 None City Manager Refuse and Garbage 4.150.030 None City Council Taxicab Suspension or Revocation of Permit Land Use Development Standards Mobile Vending Location Housing: Unit Determination Multi-Family Dwelling Inspection and Maintenance Program Plan Line Setback: Building Permit 4.155.110 None City Council 6.10.090 6.10.250 6.10.420 Zoning Administrator or Planning Commission City Council 6.70.060 Planning Commission City Council 6.25.080 None City Council 6.30.170 None Building Board of Appeals 6.35.060 None Planning Commission Signs 6.40.270 Planning Commission City Council Trees 6.50.040 6.50.180 Condominium Conversion Use Permit and Variances Temporary Activity and Temporary Use Permit None City Council 6.55.210 Planning Commission City Council 6.55.220 6.55.580 6.55.590 Planning Commission City Council 6.55.230 Planning Commission City Council Marijuana 6.55.790 None City Council Floodplain Management Urban Runoff and Storm Water Quality 6.65.160 None City Council 7.15.180 Public Works Director City Council Ordinance 2019-XXX February 19, 2019 Page 12 of 17
Permit or Action Type Violations Grading, Erosion, and Sediment Control Decisions Reference Chapter Intermediary Appeal Officer or Board Final Appeal Officer or Board 7.20.260 None Public Works Director SECTION 6. Title 6, Section 6.70 (Mobile Vending Private Property Locations) is adopted to read as follows: Chapter 6.70 MOBILE VENDING PRIVATE PROPERTY LOCATIONS Sections: 6.70.010 Purpose 6.70.020 Effective Dates 6.70.030 Definitions 6.70.040 Permit Required 6.70.050 Applications 6.70.060 Permit Issuance and Denial 6.70.070 Term and Revocation of Permit 6.70.080 Mobile Vending Operations on Private Property 6.70.090 Violations 6.70.010 Purpose This chapter establishes a pilot program to allow for vending from a Mobile Food Facility on private property. The pilot program is subject to regulations to protect the health and safety of the community. Regulating Mobile Food Facilities will ensure the safe circulation of pedestrians, bicycles and vehicles and mitigate potential nuisances. 6.70.020 Effective dates This chapter shall be in effect for one year from the date of adoption. City staff will report on the effectiveness and status of this chapter to City Council prior to the end of the pilot program period. 6.70.030 Definitions Terms used in this section shall have the same meaning as defined in Section 4.35.010. Restaurant means a legal establishment where food is prepared, sold and served to the public and provides customer dining seating. A restaurant does not include an establishment selling only prepackaged food, a grocery store (even when prepared food is sold), a church, school or cafeteria, or an establishment selling only beverages. Ordinance 2019-XXX February 19, 2019 Page 13 of 17
6.70.040 Permit Required It is unlawful for a person to operate, vend, or conduct business from a Mobile Food Facility on private property without a Mobile Vendor Permit and a Mobile Vending Location Permit. No more than six (6) Mobile Vending Location Permits shall be issued during the pilot program period. 6.70.050 Applications A. Applications for the operation of Mobile Food Facilities on private property (Mobile Vending Location Permit) may be made to the City Development Services Director or his or her designee. The application shall include the following information: 1. The address and assessor s parcel number of the parcel where the Mobile Vending Location is proposed; 2. Name, address, phone number and email address of the applicant and property owner. Include authorization for representation if applicable; 3. Description of the private property of the proposed Mobile Vending Location, including existing uses, floor area dedicated to each use, existing use hours of operation, existing vehicle ingress/egress locations, number of legally existing parking spaces; 4. Explicit written permission from the property owner for Mobile Vending activities to occur onsite; 5. Description of the proposed Mobile Vending Location operations including: a. Proposed number of mobile vendor spots, b. Proposed mobile vending days and hours, c. Nature of the proposed mobile vending location (i.e. existing pavement, existing unrequired parking space, distance from driveways and vehicle travelways, existing lighting, etc.), d. Refuse management plan, e. Circulation management plan, f. Restroom access for employees and patrons of mobile vendors; 6. A site plan showing: a. All property lines with dimensions; b. Adjacent street names; c. Driveways and parking spaces; d. Building locations; e. Existing outdoor use areas (dining, storage, etc.); f. Walkways; g. Other onsite structures and facilities; h. Proposed Mobile Food Facility parking location(s) and dimensions of the area. A maximum of three locations may be included for each parcel. B. Application shall be accompanied by a non-refundable application fee as established by City Council resolution or adopted master fee schedule. 6.70.060 Permit Issuance and Denial A. The Development Services Director or his or her designee may impose conditions on the mobile vending location permit relating to public health, safety, and welfare. Ordinance 2019-XXX February 19, 2019 Page 14 of 17
The conditions may include, but are not limited to regulations on the time of operations, security measures, sanitation, restrooms, and lighting. B. The Development Services Director may deny a permit on any of the following grounds: 1. The information submitted in the application for the property permit is materially false or incomplete; 2. The parcel of the proposed Mobile Vending Location is within 200 feet of the primary public entrance to a legally existing Restaurant without permission from the restaurant owner and associated property owner; 3. The owner of the property where mobile vending is proposed has not provided explicit permission for mobile vending to occur on the property; 4. Eating and Drinking Places is not a permissible land use in the proposed location as specified in the applicable Plan Area Statement, Community Plan or Area Plan; 5. A commercial, public service or tourist accommodation primary use does not exist on the parcel that mobile vending is proposed; 6. The parcel where mobile vending is proposed is not compliant with the number of legal parking spaces required by Chapter 6.10.340, Division 3; 7. The proposed Mobile Food Facility parking location is not on a legally paved surface or cannot be accessed by a legally paved surface; 8. Restrooms associated with existing onsite land uses will not be made available to employees and customers of the Mobile Food Facility during Mobile Vending activities; 9. The operation of Mobile Food Facility on the subject property would be a violation of this code; 10.The operation of food vending vehicles on the subject property, in the Development Services Director s discretion, would likely cause a public safety problem, create a public nuisance, or would otherwise be contrary to the public interest; 11.The applicant or any owner of the private property has unpaid administrative penalties imposed pursuant to 6.70.090 for the violation of provisions of this chapter; or 12.Within twelve (12) months of the date of application, the applicant or any owner of the private property has had a Mobile Vending Location Permit revoked. C. The Development Services Director s decision to issue or deny a Mobile Vending Location Permit may be appealed in accordance with Chapter 2.35 of this code. 6.70.070 Term and Revocation of Permit A. Mobile Vending Permits shall remain valid except under the following circumstances: 1. This Chapter is repealed or modified in a manner that requires re-application; 2. The existing use(s) on the parcel supporting mobile vending activities cease(s) to operate; 3. Modifications to the property are made that create conditions that would have been grounds for denial of the permit application; Ordinance 2019-XXX February 19, 2019 Page 15 of 17
4. Three citations for violations associated with mobile vending activities on the property have been issued pursuant to Section 6.70.090 within a 12 month period. B. If any conditions stated above occur, causing the Mobile Vending Location Permit to no longer be valid, the Development Services Director shall notify the applicant and property owner of the permit revocation. C. Appeals of a decision by the Development Services Director to revoke a Mobile Vending Location Permit may be made pursuant to Chapter 2.35. 6.70.080 Mobile Vending Operations on Private Property A. The following operational requirements apply to Mobile Food facilities operating on private property under a Mobile Vending Location Permit: 1. Mobile Food Facility operator shall have a copy of the Mobile Vendor Permit and Operator s license displayed in the Mobile Food Facility at all times while engaged in vending activities; 2. Mobile vending activities may only occur between the hours of 7:00am and 2:00am; 3. Mobile vending activities may only occur for a duration of 6 hours within a 24 hour period; 4. Refuse and recycling receptacles (where applicable) in the vicinity of the Mobile Food Facility shall be provided for customer use. The property on which mobile vending activities occur shall be kept clean and free of debris or refuse; 5. Mobile Food Facility shall be kept clean and well maintained; 6. Signage other than advertising on the Mobile Food Facility and legally existing property signage compliant with Chapter 6.40 is prohibited; 7. Additional customer seating is prohibited. Legally existing seating areas associated with onsite uses may be used to accommodate customer seating; 8. Amplified music, honking, yelling, or other sound used for attracting attention is prohibited; 9. Activities associated with Mobile Food Facilities may not occur within parking spaces required for onsite uses; 10.Mobile Food Facilities may only park in approved areas as indicated by a Mobile Vending Location Permit; 11.Mobile vending operations may not impede vehicle or pedestrian ingress/egress or circulation or create safety hazard; 12.Onsite lighting shall be provided for safety during nighttime operations. All lighting shall be directed downward, shielded from up lighting and cannot spill on to adjacent properties; 13.All activities associated with a Mobile Food Facility must be maintained onsite, including queuing of customers; 14.Restrooms provided by existing uses on site shall be available for Mobile Food Facility employees and customers while Mobile Vending activities occur. 6.70.090 Violations Any use or condition caused or permitted to exist in violation of any provision of this chapter shall be and hereby is declared a public nuisance and may be subject to Ordinance 2019-XXX February 19, 2019 Page 16 of 17
administrative citations as set forth in Chapter 2.30 of this code, summary abatement pursuant to Chapter 4.40 of this code or Section 731 of the California Code of Civil Procedure, permit revocation pursuant to Section 6.70.070 of this code, or any other remedy available to the city. Adopted by the City of South Lake Tahoe City Council on, 2019 by the following vote: Yes: No: Abstain: Absent: Date: Mayor Attest: Susan Blankenship City Clerk First Reading: Published: Effective: Ordinance 2019-XXX February 19, 2019 Page 17 of 17