HomeMy WebLinkAboutNO ACTION TAKEN Ord 3492 Amending HBMC 5.50 Mobile Vendors 1 ` --- ) MC AIYI - qC
CITY OF HUNTINGTON BEACH
MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER:CA 2000-24
Council/Agency Meeting Held: 2— IH'4J
Deferred/Continued to: N� k(,��0►�TA.151�
❑ Ap roved ❑ Conditionally Approved ❑ Denied
40- City Clerk's Signature
Council Meeting Date: D cember 18, 2000 Department ID Number: CA 2000-24
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administratora7*9,
PREPARED BY: GAIL HUTTON, City Attorney 9l''ow0
D
HOWARD ZELEFSKY, Planning Director
SUBJECT: ; Adopt Ordinance Regarding Regulation of Mobile Vendors
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City of Huntington Beach modify Huntington Beach
Municipal Code Section 5.50.170 regulating mobile vendors?
Funding Source: N/A
Recommended Action: Adopt Ordinance No. -3 modifying Huntington Beach
Municipal Code Section 5.50.170.
Alternative Action(s):
1. Do not adopt Ordinance No3 9;?
Analysis: In 1996, in response to citizen concerns, the City began consideration of an
ordinance regulating mobile vending. The City carefully reviewed state law and case law
'stemming from similar ordinances in Santa Ana and Anaheim prior to passage of the
ordinance. In addition, the City held public meetings for the property owners and mobile
vendors in the Oak View area as that area was most heavily impacted by the ordinance.
Ultimately, in February, 1997, Huntington Beach Municipal Code Section 5.50 became
effective. Specifically, HBMC 5.50 established mobile vendor permit requirements as well as
operational restrictions relating to: Qt_.
2000-24 Mobile Vendors -2- 11/15/00 4:59 PM
i�
REQUEST FOR ACTION
MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER:CA 2000-24
1. Time restrictions for vending;
2. Maintenance of the area surrounding the vending vehicle;
3. Distance limitations from intersections, alleys, schools, and other mobile
vending vehicles;
4. Vehicle weight, lighting and noise restrictions; and
5. Prohibition of push cart vending.
After significant efforts at educating the informing the mobile vendors, numerous citations
were issued by Code Enforcement and the Police Department. The majority of the
violations related to weight of the mobile vending vehicle, violation of the vending time
restrictions, and violation of the distance limitations between vendors. Through counsel,
Mr. Rodolfo Renteria, among other mobile vendors, approached the City to reconsider the
restrictions imposed by the mobile vending ordinance; however, no agreement could be
reached regarding what modifications would be acceptable to both.parties.
The City proceeded to a criminal court trial on Mr. Renteria's eleven citations. Mr. Renteria
was represented by counsel in the matter. After successfully defending the ordinance on a
constitutional challenge, Mr. Renteria was convicted of seven violations of HBMC 5.50.
In April, 1999, Mr. Renteria, and three other mobile vendors from the Oak View area,
initiated an action seeking injunctive relief and damages based on HBMC 5.50. Their
application for a temporary restraining order was denied and they removed the preliminary
injunction hearing from the calendar. The case proceeded as a normal civil trial. In
February, 2000, Plaintiffs initially proposed settlement of the case for no damages if the
.City would modify the mobile vendor ordinance. City Council authorized a counter-offer
which included a less significant modification of the mobile vendor ordinance and no money
damages. The City's offer was rejected; however, three plaintiffs dismissed their
complaints with waivers of costs at that juncture. Plaintiff's counsel requested the court
relieve him from the case which the court granted. Mr. Renteria obtained a new attorney
and amended his complaint to include a claim for money damages based on enforcement
of the ordinance by Code Enforcement.
Mr. Renteria failed to produce all documents as requested by the City in support of his loss
of income claim of the complaint. During his deposition, Mr. Renteria put specific emphasis
on his claim related to enforcement of the ordinance rather than the specific provisions of
the ordinance.
On October 23, 2000, the City communicated its settlement offer of March 2000 to the
newly retained Plaintiff's counsel. On November 5, 2000, Plaintiff's counsel agreed to
settlement on the following terms:
1. Dismissal of case with waiver of attorney's fees and costs.
2. Three modifications to HBMC 5.50.170
a. Increased vending period to 90 minutes, including clean-up and set-up.
R
2000-24 Mobile Vendors -3- 11/15/00 4:59 PM
REQUEST FOR ACTION
MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER:CA 2000-24
b. Decreased distance limitation between mobile vendor vehicles from 300
feet to 150 feet.
c. Decreased distance limitation from alleys from 100 feet to 50 feet.
The proposed modifications should not significantly impact the efficacy of mobile vendor
regulation in the City. In addition it is less likely that the City will be challenged on the revised
ordinance in the future. It is requested that the City Council adopt the Ordinance.
Environmental Status: N/A
Attachment(s):
NumberCity Clerk's
Page . Description
1 Ordinance No. 3
2 Legislative Draft of HBMC 5.50
RCA Author: McGrath
2000-24 Mobile Vendors -4- 12/7/00 9:02 AM
ATTACHMENT # 1
NO ACTION
ORDINANCE NO. 37
TAKENORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.50 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE REGULATION OF MOBILE VENDORS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 5.50.170 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.50.170 Prohibited Conduct.
(a) No person shall vend from a Mobile Vending vehicle which is stopped, parked or
standing on any public street, alley or highway in any of the following situations:
(1) Within five hundred (500') feet of any active public school property, park,
playground or recreational facility;
(2) Within one-hundred fifty feet (150') of any other Mobile Vending vehicle which
is engaged in the operation of vending;
(3) Within one hundred (100') feet of an intersection(including public alleys);
(4) Within fifty feet (50') of a public alley;
(5) When the posted speed limit on the public street; alley or highway is greater than
thirty-five (35) miles per hour.
(6) When the Mobile Vending vehicle is parked in violation of any other provision of
this Code or the California Vehicle Code,;'
(7) When the Mobile Vending vehicle is not duly registered and licensed by the State
of California with an unladen weight,bf less than six thousand (6,000) pounds.
(8) When any part of the Mobile Vending vehicle is open to prospective customers
other than on the side of the vehicle next to the right side of the street or highway;
(9) When the Mobile Vending vehicle is not stopped, parked or standing on the right
side of the street or highway;,'
(10) When the prospective customer is standing or sitting in another vehicle; or,
(11) When the prospective customer is located in that portion of the street, alley or
highway which is open,to vehicular traffic;
(12) When the Mobile Vending vehicle is within any parkway, alley, sidewalk or
within a no parking,area as defined by Huntington Beach Municipal Code §
10.40.050, or other/public property.
(b) Re-stocking of a Mobile Vending vehicle is'prohibited on a public street or alley.
(c) No Mobile Vending vehicle shall attach to or receive any utilities from private or public
property.
(d) Mobile vendors shall not conduct the business of vending in any location for a period in
excess of ninety;(90) minutes, including setup and cleanup; and said vehicle must be
00ord/5-50-170o/12/7/00 1
i
moved a distance of not less than one hundred (100') feet between each successive
location at which vending occurs.
(e) No additional lighting other than that required by the California Vehicle Code may be
installed or operated on a Mobile vending vehicle.
(f) All Mobile Vending vehicles are prohibited from operating on private property except
mobile vending vehicles shall be permitted to provide meals/snacks for employees at the
private property for a period of thirty(30) minutes or less (such as construction sites).
(g) All vending from any human powered device is prohibited.
SECTION 2. This ordinance shall become effective 30 days afterits adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of 12000.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk -
REVIEWED AND APPROVED: 10-rCity Attorney
INITI TED AND APPROVED:
City Ad inistrator
Director of Planning
N TION
0 k"A
TAKEN
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00oran-50-1 7oo/12nioo 2
ATTACHMENT #2
Ordinance No.
LEGISLATIVE DRAFT
Chapter 5.50
MOBILE VENDING
(3345-2/97)
Sections:
5.50.010 Purpose and Findings
5.50.020 Definitions
5.50.030 Permit Required
5.50.040 Vendor's Permit Required
5.50.050 Operator's Permit Required
5.50.060 Issuance of Permit
5.50.070 Denial of Permit
5.50.080 Revocation of Permit
5.50.090 Appeals
5.50.100 Enforcement
5.50.110 Temporary Special Events Permit
5.50.120 Trash Receptacles and Removal
5.50.130 Hours of Operation
5.50.140 Insurance Provisions
5.50.150 Required Stickers, Signs and Lettering
5.50.160 Noise Level
5.50.170 Prohibited Conduct
5.50.180 Applicability of Regulations to Existing Businesses
5.50.190 Conducting as a Nuisance
5.50.200 Penalty for Violation
5.50.210 Exemptions
5.50.010 Purpose and Findings. The City Council of the City of Huntington Beach finds that
Mobile Vending Vehicles pose traffic hazards, public health hazards and impact the safety of
residents within the City of Huntington Beach. The intent of the ordinance is to provide clear and
concise regulations to insure public safety and prevent traffic and health hazards. This ordinance
is also intended to preserve the peace, and welfare of the residents of Huntington Beach. (3345-
2/97)
5.50.020 Definitions: For the purposes of this Chapter: (3345-2/97)
(a) Chief of Police - shall mean the Police Chief or his or her designee. (3345-2/97)
(b) City Administrator- shall mean the City Administrator or his or her designee. (3345-2/97)
(c) City Attorney- shall mean the City Attorney or his or her designee. (3345-2/97)
(d) City Treasurer- shall mean the City Treasurer or his or her designee. (3345-2/97)
(e) Director of Community Development - shall mean the Director of Community
Development or his or her designee. (3345-2/97)
1egisdrft/mc0500/12/7/00 1
(f) Goods or Merchandise - includes items and products of every kind and description,
including all foods, produce, and beverage items. (3345-2/97)
(g) Human Powered Devise - shall mean any device moved by human power including but
not necessarily limited to any pushcart, wagon, bicycle, tricycle, grocery cart, or other
wheeled container or conveyance. (3345-2/97)
(h) Mobile Vending Vehicle - shall mean any vehicle, as that term is defined.in the
California Vehicle Code, which is equipped or primarily used for retail sales of fruits,
vegetables or produce, and/or prepared, pre-packaged, or unprepared, unpackaged food of
any kind on any public street, alley or highway or private street or alley within the City of
Huntington Beach. The inventory of these vehicles is not necessarily limited to edible
items and may include non-food sundries. A human powered device is not a mobile
vending vehicle. (3345-2/97)
(i) Mobile Vendor - shall mean any person, as defined in this article, who: (3345-2/97)
(1) Owns, controls, manages and/or leases a vending vehicle; and/or(3345-2/97)
(2) Contracts with a person(s) to drive, operate, prepare foods and/or vend from a
food vending vehicle. (3345-2/97)
(j) Operator- as used in this chapter shall mean any and all person(s) who drive, operate,
prepare foods and/or vend from a food vending vehicle. (3345-2/97)
(k) Person - shall mean any natural person, firm, partnership, association, corporation, or
other entity of any kind or nature. (3345-2/97)
(1) Public property- shall mean any real property, or interest therein, owned, leased,
operated, or otherwise controlled by the City of Huntington Beach other than a street,
alley, parkway or sidewalk. (3345-2/97)
(m) Restocking - shall mean any transfer of goods or merchandise to a mobile vending
vehicle from any other person or vehicle and includes, but is not limited to loading and
delivery. (3345-2/97)
(n) Risk Manager- shall mean the City's Risk Manager or his or her designee. (3345-2/97)
(o) Vehicle - shall mean as defined in the Vehicle Code of the State of California and shall
not include any human powered device. (3345-2/97)
(p) Vend or Vending- as used in this chapter means soliciting, displaying, or offering
produce, fruits, vegetables, prepared food, pre-packaged food or non-food sundries of any
kind for sale or barter or exchange from a vehicle on a public or private street, alley,
highway or public place within the City of Huntington Beach and includes the movement
or standing of a vending vehicle for the purpose of searching for, obtaining or soliciting
retail sales of produce, fruits, vegetables, prepared food, pre-packaged food or non-food
sundries, including but not limited to goods, wares, or merchandise. (3345-2/97)
(q) Vendor shall mean any person who engages in the act of vending from a vehicle or who
drives or otherwise operates any such vehicle for the purpose of vending therefrom. (3345-
2/97)
5.50.030 Permit Required. No person shall own, control, manage, lease or contract with other
persons for the operation of a vending vehicle in the City of Huntington Beach without the
appropriate valid permit issued pursuant to the provisions of this article in addition to any other
license or permit required by the City of Huntington Beach. (3345-2/97)
5.50.040 Vendor's Permit Required. Any person desiring to obtain a vendor's permit to engage in
the vending of goods or merchandise from a vehicle, or driving of such vehicle,
legisdrft/mc0500/12/7/00 2
pursuant to this section shall make application to the City Treasurer, or his or her designee. Such
application shall be accompanied by a nonrefundable application fee in such amount as
established by resolution of the City Council. Any such permit shall be required to be renewed
annually and a separate nonrefundable application fee paid yearly for such renewal application.
Each applicant for a vendor's permit, or an operator or applicant for an operator's permit on
behalf of such proposed vendor, shall furnish the following information and documentation as
part of or in conjunction with such application: (3345-2/97)
(a) The present or proposed address from which the business is to be conducted, including
the location of, restocking and overnight parking of the mobile vending ordinance; (3345-
2/97)
(b) The full and true name under which the business will be conducted; (3345-2/97)
(c) The full and true name and any other names used by the applicant; (3345-2/97)
(d) The present residence address and telephone number of the applicant; (3345-2/97)
(e) California Driver's License number of the applicant; (3345-2/97)
(f) Acceptable written proof that the applicant is at least eighteen years of age; (3345-2/97)
(g) The applicant's height, weight, color of eyes and hair, and date of birth; (3345-2/97)
(h) The business, occupation or employment history of the applicant for the three (3) year
period immediately preceding the date of the application; (3345-2/97)
(1) The permit history of the applicant, for the three (3) year period immediately preceding
the date of the filing of the application, including whether such applicant, in previously
operating in this or any other city, county, state or territory, has ever had any similar
license or permit, or franchise revoked or suspended, and if so, the circumstances of such
suspension or revocation; (3345-2/97)
(j) Written proof satisfactory to the City Attorney or Risk Manager that the applicant is
insured under the policy of insurance required for such business pursuant to § 5.50.090 of
this Chapter; (3345-2/97)
(k) When any change occurs regarding the written information required in this Chapter, prior
to issuance of a permit, the applicant shall give written notification of such change to the
City Treasurer within two (2) weeks after such change;-(3345-2/97)
(1) If the applicant is an individual who intends to own, operate and drive his or her own
- vehicle, it is not necessary to pay a fee for the vendor's permit application separate from
the fee paid for the operator's permit application. (3345-2/97)
5.50.050 Operator's permit required - Application for Operator's Permit; Contracts; Required
Fee. Any person desiring to obtain an operator's permit to conduct or otherwise operate the
business of vending goods or merchandise from a vehicle pursuant to this Section shall make
application to the City Treasurer or his/her designated representative. Such application shall be
accompanied by a nonrefundable application fee in such amount as established by Resolution of
the City Council. Any such permit shall be required to be renewed annually and a separate
nonrefundable application fee paid yearly for such renewal application. Each applicant for an
operator's permit shall furnish the following information and documentation as part of or in
conjunction with such application: (3345-2/97)
(a) The present or proposed address from which the business is to be conducted; (3345-2/97)
(b) The full and true name under which the business will be conducted; (3345-2/97)
(c) The full and true name and any other names used by the applicant; (3345-2/97)
1egisdrft/mc0500/12/7/00 3
(d) The present residence and business addresses and telephone numbers of the applicant;
(3345-2/97)
(e) A description of the goods or merchandise which the business will vend; (3345-2/97)
(f) The number of vehicles to be owned, operated, or controlled by the applicant and the
makes, body styles, years, serial and engine numbers, state license plate numbers, and
names and addresses of the registered and/or legal owners of each vehicle; (3345-2/97)
(g) A description of the logo, color scheme, insignia, and any other distinguishing
characteristics of the applicant's vehicles. (3345-2/97)
5.50.060 Issuance of Permit. The City Treasurer shall grant the vendor's permit or operator's
permit within ten (10) days after receiving.the completed application only if he or she finds that
all of the following requirements have been met: (3345-2/97)
(a) The required fees have been paid; (3345-2/97)
(b) The application conforms in all respects to the provisions of this section; (3345-2/97)
(c) The applicant has not made a material misrepresentation of fact in the application; (3345-
2/97)
(d) The applicant has not had a similar permit denied or revoked by the City of Huntington
Beach within a period of one year prior to the date of such application; (3345-2/97)
(e) The applicant does not have any outstanding debt owing to the City of Huntington Beach;
(3345-2/97)
5.50.070 Denial of Permit. If the City Treasurer does not find that all of the requirements set
forth in § 5.50.060 as applicable have been met, he or she shall deny the application for the
vendor's or operator's permit. In the event the application for the permit is denied by the City
Treasurer, 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 upon the date it is personally serviced 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 the permit. (3345-2/97)
Any applicant whose-application for a vendor's or operator's permit has been denied by the City
Treasurer may appeal such denial to the City Administrator by filing a written notice of appeal
with the City Treasurer within ten (10) days following the date of service of the decision and
payment of the appeal fee prescribed by resolution of the City Council. The date of filing of said
notice of appeal shall be the date said notice and appeal fee are received by the City Treasurer.
(3345-2/97)
No person or entity whose permit is finally denied shall be eligible to apply for a new permit for
a period of one year following such final denial. (3345-2/97)
5.50.080 Revocation of Permit. Any vendor's or operator's permit may be revoked by the City
Treasurer for good cause shown including but not necessarily limited to any of the following
reasons: (3345-2/97)
(a) Falsification of any information supplied by the permittee upon which issuance of the
permit was based; (3345-2/97)
1egisdrft/mc0500/12/7/00 4
(b) Failure of the permittee, or any employees or subcontractors of the permittee, to comply
with the regulations set forth in this section; (3345-2/97)
(c) Conviction of a violation, or plea of guilty or nolo contondere, by the permittee, or any
employee, subcontractor or independent contractor of the permittee, of any state law or
municipal ordinance while in the course of conducting vending operations from a vehicle
pursuant to the permit; (3345-2/97)
(d) Conviction of a violations or a plea of guilty or nolo contendere, by the permittee of any
applicable provision or requirement of this section; (3345-2/97)
(e) No such revocation shall become effective until expiration of the appeal period.
Notification of 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. Service shall be
deemed made on the permit holder on the date personally delivered or on the date of
mailing. A permit holder may appeal such revocation to the City Administrator by filing
a written notice of appeal with the City Treasurer within ten (10) days following the date
of service of such decision and payment of the appeal fee as prescribed by resolution of
the City Council. The date of filing of said notice of appeal shall be the date said notice
and appeal fee are received by the City Treasurer. If a timely appeal is filed, the
revocation shall be stayed pending the decision of the City Administrator. Otherwise the
suspension or revocation shall become effective immediately upon expiration of said
appeal period. (3345-2/97)
(f) No person or entity whose permit is revoked shall be eligible to apply for a new permit
for a period of one year following such revocation. (3345-2/97)
5.50.090 Appeals. Upon receipt of a timely appeal by the City Administrator or his designated
representative, shall hear such appeal within twenty(20) days following the date of such appeal
and shall give the appellant not less than five (5) days advance notice of the date of such hearing.
The decision of the City Administrator shall be based upon the same criteria as set forth in this
section which are applicable to the issuance or revocation of such permit. The appellant shall be
notified of the decision of the City Administrator by mailed, written notice. The decision of the
City Administrator shall be final. No revocation of a permit pursuant to this section shall be
deemed effective during the pendency of a timely filed appeal until the date of mailing of the
City Administrator's decision; provided, however, no permit holder shall operate during any
period of time in which the insurance coverage required by this section is not in full force and
effect. (3345-2/97)
5.50.100 Enforcement. The Director of Community Development and the Chief of Police have
the authority to enforce the provisions of this ordinance. (3345-2/97)
5.50.110 Temporary Special Events Permit. Peddlers and vendors wishing to conduct business at
any special event shall apply to the City for a Temporary Vending License. Application for such
a license must be made at least thirty(30) days prior to the beginning of the event. Applicants
must meet the same application requirements as other peddlers and vendors. The license is valid
only for the duration of the special event. Peddlers and vendors granted a temporary license are
subject to the same operating regulations as other vendors, except where otherwise specified.
(3345-2/97)
1egisdrft/mc0500/12/7/00 5
5.50.120 Trash Receptacles and Removal. (3345-2/97)
(a) All Mobile Vending vehicles shall be equipped with refuse receptacles large enough to
contain all refuse generated by the operation of such vehicle; (3345-2/97)
(b) The operator of the mobile vending vehicle shall pick up all refuse generated by such
operation within a fifty(50') foot radius of the vehicle before such vehicle is moved, all refuse
shall be disposed of at an approved solid waste facility. (3345-2/97)
5.50.130 Hours of Operation. (3345-2/97)
(a) No vehicle or stand used.for vending shall remain on public property during non-
operating hours. Overnight parking of Mobile Vending vehicle on a public street or alley
is prohibited. (3345-2/97)
(b) No vending shall be permitted by any operator or conducted by a vendor except between
the hours of 7:00 a.m. and 8:00 p.m. (3345-2/97)
5.50.140 Insurance Provisions. All operations shall have liability insurance covering the vehicle
in accordance with the State of California. (3345-2/97)
5.50.150 Required Stickers, Signs and Lettering. (3345-2/97)
(a) There shall be displayed in a conspicuous place on both the right and left side of the
Mobile Vending vehicle lettering permanently affixed showing the name of the company
or operator of the Mobile Vending vehicle and the business address and telephone
number thereof. The lettering for the name of the company or the operator of the Mobile
Vending vehicle shall not be less than four(4") in height, shall be in contrast to the color
of the background upon which they are placed, and shall have strokes at least 3/8 of an
inch wide. The lettering for the vendors (as listed on the permit)business address and
telephone number shall not be-less than one inch high. (3345-2/97)
(b) No other lettering, numbering, price lists, signs or insignia shall be displayed on the right
and left side of the Mobile Vending vehicle so as to interfere with the visibility of the
lettering required in subsection(a). (3345-2/97)
(c) Each Mobile Vending vehicle shall also possess and display a valid Orange County
Health inspection sticker affixed to the lower portion of the driver's windshield if the
operator is causing the sale of or offering for sale any produce or other food item for
which a food handling permit or other health permit is required. (3345-2/97)
5.50.160 Noise Level. (3345-2/97)
(a) Any use of amplified sound making devices, including vehicle horns, to advertise, draw
attention to, or announce the presence of any such vehicle shall comply with the
limitations and provisions set forth in the Huntington Beach Municipal Code. No
amplified sound making devices shall be used for such purposes upon any public street
immediately contiguous to any property zoned for residential use within the City. (3345-
2/97)
legisdrft/mc0500/12/7/00 6
(b) Non-amplified sound making devices shall not be made while the vehicle is stopped,
parked, or otherwise in a stationary position, on any public street in an area zoned for
residential use within the City; and such sounds shall not be audible to a person with
normal hearing for a distance of more than two hundred (200) feet in a area zoned for
residential use within the city. (3345-2/97)
5.50.170 Prohibited Conduct. (3345-2/97)
(a) No person shall vend from a Mobile Vending vehicle which is stopped, parked or
standing on any public street, alley or highway in any of the following situations: (3345-
2/97)
(1) Within five hundred (500') feet of any active public school property, park,
playground or recreational facility; (3345-2/97)
(2) Within thfee hundred- (300') one-hundred fifty feet (150) of any other
Mobile Vending vehicle which is engaged in the operation of vending; (3345-
2/97)
(3) Within one hundred (100') feet of an intersection (including public alleys); (3345-
2/97)
(4) Within fifty feet (50) of a public alley;
(4)5 When the posted speed limit on the public street, alley or highway is greater than
thirty-five (35) miles per hour. (3345-2/97)
(-5)6 When the Mobile Vending vehicle is parked in violation of any other provision of
this Code or the California Vehicle Code. (3345-2/97)
(6)7 When the Mobile Vending vehicle is not duly registered and licensed by the State
of California with an unladen weight of less than six thousand (6,000)pounds.
(3345-2/97)
(-7)8 When any part of the Mobile Vending vehicle is open to prospective customers
other than on the side of the vehicle next to the right side of the street or highway;
(3345-2/97)
($)9 When the Mobile Vending vehicle is not stopped, parked or standing on the right
side of the street or highway; (3345-2/97)
(9)10 When the prospective customer is standing or sitting in another vehicle; or, (3345-
2/97)
"l1 When the prospective customer is located in that portion of the street, alley or
highway which is open to vehicular traffic; (3345-2/97)
"l2 When the Mobile Vending vehicle is within any parkway, alley, sidewalk or
within a no parking area as defined by Huntington Beach Municipal Code §
10.40.050, or other public property. (3345-2/97)
(b) Re-stocking of a Mobile Vending vehicle is prohibited on a public street or alley. (3345-
2/97)
(c) No Mobile Vending vehicle shall attach to or receive any utilities from private or public
property. (3345-2/97)
(d) Mobile vendors shall not conduct the business of vending in any location for a period in
excess of thifty(30) ninety (90) minutes, including setup and cleanup; and said
legisdrft/mc0500/12/7/00 7
vehicle must be moved a distance of not less than one hundred (100') feet between each
successive location at which vending occurs. (3345-2/97)
(e) No additional lighting other than that required by the California Vehicle Code may be
installed or operated on a Mobile vending vehicle. (3345-2/97)
(f) All Mobile Vending vehicles are prohibited from operating on private property except
mobile vending vehicles shall be permitted to provide meals/snacks for employees at the
private property for a period of thirty(30) minutes or less (such as construction sites).
(3345-2/97)
(g) All vending from any human powered device is prohibited. (3345-2/97)
5.50.180 Applicability of Regulations to Existing Businesses. 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 City of Huntington
Beach. (3345-2/97)
5.50.190 Conducting as a Nuisance. Any Mobile Vending vehicle operated contrary to the
provisions of this article shall be 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 of the Huntington Beach 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 Mobile Vending vehicle contrary to the provisions of this
article. (3345-2/97)
5.50.200 Penalty for violation. Every violation of the provisions of this article shall be deemed to
be a misdemeanor punishable by imprisonment not exceeding four(4)months or by fine not
exceeding five-hundred dollars ($500), or by both fine and imprisonment. Each day any violation
of any said provision of this article shall constitute a separate offense. (3345-2/97)
5.50.210 Exemptions. The requirements of this section shall not apply to: (3345-2/97)
(a) Any person delivering any goods or merchandise by vehicle where such goods or
merchandise has been ordered in advance for such delivery from any business located at a
permanent location and which goods or merchandise is being delivered from such
location to the customer by vehicle, regardless of the point of sale thereof. (3345-2/97)
(b) Any person engaged in the vending of goods or merchandise on public property where
such persons has been authorized by the City of Huntington Beach to engage in such
activity by a permit, lease, real property license, agreement, or other entitlements issued
by the City for such purpose. (3345-2/97)
Iegisdrft/mc0500/I 2/7/00 8
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Regulation of Mobile Vendors
COUNCIL MEETING DATE: December 18, 2000
RCA ATTACHMENTS STATUS '
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial I Not Applicable
EXPLANATION .FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff I d IRA.,
Assistant City Administra or Initial
City Administrator (Initial)
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: