Loading...
HomeMy WebLinkAboutItem 3 - Director's Report - Food TrucksItem 3: DIRECTOR'S REPORT CRY OF CHULA VISTA DATE: September 25, 2013 TO: Planning Commission; Mayor & City Council FROM: City Attorney's Office; City Manager; Development Services Department PREPARED BY: Chance Hawkins, Deputy City Attorney; Eric Crockett, Assistant Director Development Services SUBJECT: Food Truck Regulations ISSUE The prevalence of food trucks in Chula Vista has increased over the past couple of years. In response to citizen complaints about their increased operation, the City Council issued a joint referral to the City Manager and City Attorney's Office. This memorandum responds to this referral and presents staff's initial recommendations on the matter. DISCUSSION Introduction There is no standard method or ordinance regulating the operation and permitting of food trucks in California. Every California city regulates these businesses in a different way and staff has spent significant time reviewing these diverse regulations. San Diego, for example, does not have a current regulatory ordinance in effect after being sued for its most recent enforcement activities against these businesses. Cities regulate food trucks in a variety of ways that include some or all of the following: 1) municipal code "time, place and manner restrictions "; 2) conditional use permits for food truck operators; 3) conditional use permits for property owners where food trucks commonly operate; 4) zoning restrictions (in terms of what zones a food truck can operates in); 5) food truck permits that limit the number of food trucks operating in certain zones; 6) temporary use authorization permits; and 7) encroachment or special event permits. Put simply, this issue is highly complex from a zoning perspective because there are a myriad of ways to regulate these businesses. Staff has begun investigating this issue based on other municipal practices. Staff's review raises numerous policy questions such as: 1. In what city zones would food trucks be appropriate ?; 2. How many food trucks would be appropriate for each zone ?; 3. Should a food truck use be permitted by right ?; 4. Should a food truck use be conditional ?; 5. What types of uses do not conform with food truck use ?; 6. What types of uses could a food truck be an accessory use to ?; 7. What type of permit system should be established for food truck limitations ?; 8. What types of fees should be set for a number limitation permit system ?; 9. Should areas be designated as especially appropriate for food trucks ?; 10. Should private property owners be required to apply for a conditional use permit when a food truck is operating on their private property ?; 11. For how long could a food truck operate on private property before the owner would be required to get a conditional use permit ?; 12. How does a food truck effect the parking ratio required for traditional businesses? and 13. How will staff enforce these regulations? The questions raised above need to be resolved by City staff prior to making any recommendations in this area. However, in the meantime, city staff feels that updating the Municipal Code now with standard regulations that many other cities employ is a good way to begin regulating these businesses. Enacting these code updates now would mean that food trucks would be subject to some level of regulation sooner than later. Time, Place and Manner Restrictions Attached to this memorandum are the draft Municipal Code updates prepared by the City Attorney's Office. The City Attorney's Office conducted a thorough review of similar provisions throughout the state and incorporated the best of these. The code updates ensure that: 1) food trucks are operated in a safe, clean and lawful manner as dictated and regulated by state and county law; 2) drivers are background checked by the police department; 3) food trucks take responsibility for the trash and recycling materials they create; 4) food trucks do not operate in a manner that creates a nuisance for the community; 5) food trucks carry a sufficient level of liability insurance; 6) no temporary signs are posted for food trucks at the location they are vending at; and 7) private property owners who permit food trucks to operate on their property are also responsible (in addition to the food truck owner) for any illegal operation of the food trucks; and 8) food trucks have the permission of the property owner to operate in that specific location and that a copy of the authorization be made available for inspection upon request. In addition, the code updates specifically delineate the Chief of Police's responsibility for issuing driver permits and conducting background checks. Zoning Ordinance Update Staff is developing a work program to research, develop and outreach to the public and other interested parties or groups on revisions staff may propose to Title 19 (Planning and Zoning) of the CVMC, and/or Specific Planning Area. Due to the complexity of these issues staff anticipates the work will take the better part of fiscal year 2013/14 before we are ready to bring forward amendments for consideration by the Planning Commission and City Council. Code Enforcement Staffing Implications The current revisions being proposed are primarily regulated by the Police Department and until revisions are made to Title 19 which will regulate these uses on private property the impact to Code Enforcement can be handled utilizing existing resources. Litigation With Regard To Food Truck Regulations As mentioned above, the City of San Diego was sued earlier this year by a San Diego food truck association. The lawsuit was in response to San Diego code enforcement officers issuing citations for violating the City Code that limited food trucks to operating for only 3 hours a day — regardless of the location. The lawsuit alleged that the citations were unconstitutional but it was since resolved by way of a resolution between the City and the association. The City of San Diego has not passed new regulations since resolving the lawsuit. The County of Los Angeles also attempted to enforce a time limitation on its city streets after suffering a massive proliferation of food trucks in certain neighborhoods. In 2008, the Board of Supervisors passed a municipal code provision that restricted food trucks from parking longer than 60 minutes on county streets in one location requiring them to move half a mile before undertaking operation for another 60 minutes. The Los Angeles Superior Court ruled this law was unconstitutional because the ordinance was: 1) too ambiguous to enforce; 2) pre - empted by California state law because it conflicted with California Vehicle Code Section 22455 which only permits local regulations for public safety; and 3) the California Legislature limited local governments from enacting ordinance that "regulate" versus "prohibit" sales from vehicles. Appeals to higher courts have been rejected and the County has since repealed this law without enacting a new one. These cases show that any attempts to limit the total amount of time that food trucks can park on public streets are problematic and are likely to be invalidated by the courts. CONCLUSION Staff recommends that the City Council proceed with vending vehicle "time, place and manner" code updates. Prior to the agenda date, staff will attempt to coordinate with all relevant stakeholders in the matter and seek their input. The more complex zoning regulations, which need more time and analysis to prepare, will be addressed by the upcoming zoning ordinance amendment and will be vetted by the Planning Commission prior to coming to Council. The City Council may also provide additional direction to staff on this matter as it sees fit. Chapter 8.20 FOOD VENDORS AND VENDING VEHICLES Sections: 8.20.010 Vending vehicles —Definitions. 8.20.020 Vending vehicles — For foodstuffs and ice cream — License tax required. 8.20.021 Food vending vehicle driver permit required. 8.20.022 Food vending vehicle driver permit procedure. 8.20.023 Driver permit issuance and denial. 8.24.024 Posting — Required. 8.24.025 Exhibition on demand required. 8.20.026 Suspension or revocation of permit. 8.20.027 Denial of permit — Appeal — Hearing — Notice required. 8.20.028 Liability insurance. 8.20.029-5 Vending vehicles — Restrictions near school facilities. 8.20.030 Vending vehicles — Parking and stopping regulations. 8.20.031 Vending vehicles litter control. 8.20.032 Operations Shall Not Impede Public Movement. 8.20.033 Lighting_ 8.20.034 Utilities. 8.20.035 Signs. 8.20.036 Consent of Private Property Owner. 8.20.037 Private Property Owner Responsibility for Unpermitted Vending Vehicles. 8.20.040 Vending vehicles — Compliance with certain regulations required. 8.20.050 Vending vehicles — Refrigeration required. 8.20.060 Vending vehicles — Identification to be displayed. 8.20.070 Vending vehicles — Cleanliness required — Inspection — Certification. 8.20.075 Letter grades for vending vehicles. 8.20.080 Vending vehicles — For unprepared food — Regulations. 8.20.090 Vending vehicles — For prepared food — Regulations. 8.20.095 Vending vehicles — Mobile food preparation unit — Regulations. 8.20. 100 Vending vehicles — Limitations on use. 8.20.110 Violations. * For authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101; for statutory provisions authorizing cities to enforce state laws on food handling sanitation, see Health and Saf. Code § 28690. 8.20.010 Vending vehicles — Definitions. Whenever in this Cshapter the following terms are used, they shall have the meanings respectively ascribed to them in this section: A. "Prepared food vending vehicle" means a food vending vehicle from which any food or beverage product is sold, given away, displayed or offered for sale, at retail, other than an unprepared food vending vehicle, catering truck, bakery truck, or ice cream or ice cream product truck. B. "Unprepared food vending vehicle" means a food vending vehicle from which is sold, given away, displayed or offered for sale, at retail, any raw or unprepared food or food product including, but not limited to, ice cream, fruits, vegetables, produce, meats, fish, poultry or seafood. C. "Mobile food preparation unit' means any vehicle or portable food service unit upon which food is prepared for service, sale, or distribution at retail, however, a "mobile food preparation unit' shall not include a vehicle that only delivers food or beverage products ordered by home delivery customers. A mobile food preparation unit shall be considered a vending vehicle for purposes of this Cshapter. D. The above definitions shall be considered "vending vehicles" for the purposes of this Chapter. A vending vehicle may have more than one designation pursuant to this section. A vehicle with multiple designations must comply with all applicable provisions of this Cehapter and state law. E. "Health officer" means the director of public health and any regularly appointed sanitarian or emNovee of the department of public health of the countv of San Diego F. Violations of this Chapter can be enforced against any or all of the following parties: 1) the vending vehicle driver: 2) the vending vehicle owner or owners: and 3) the owner of the property where a vending vehicle conducts business. Violations of this Chapter can be issued by city staff including but not limited to police and code enforcement officers. . 8.20.020 Vending vehicles — For foodstuffs and ice cream — License tax required. ........................... ............................... ........................................................................................................................................... ...... ............................... Every person conducting, managing or operating a business +Rwhisl}that_operates a vending vehicle, or carts, wagons or vending vehicles for foodstuffs, including ice cream, are used shall pay a tax as presently designated, or as may in the future be amended, in an amount as presently designated, or as may in the future be amended, in the master tax schedule. CVMC 5.07.030. the FnasteF tax GGhedule in GVMG 5.07.030. The license shall identify the particular vehicle to be used and shall be kept on the vehicle, available for inspection at all times. No license shall be issued unless the vending vehicle has first obtained a food vending vehicle driver permit. (Ord. 2408 § 1, 1990; Ord. 2081 § 1, 1984; prior code § 18.57). 8.20.021 Food vending vehicle driver permit required. A. It is unlawful for any person to drive a food vending vehicle unless a food vending vehicle driver permit issued pursuant to this Chapter is in effect for that food vending vehicle. B. Any and all food vending vehicle employees who drive the vehicle are required to obtain a food vending vehicle driver permit. B. Every permittee, upon receipt of a food vending vehicle permit, shall maintain the permit with the vehicle for which it is issued, at all times the food vending vehicle is being operated. C. All food vending vehicle permits are the property of the city and each shall authorize the operation of a single specific food vending vehicle. It is unlawful for any person to sell or transfer, or attempt to sell or transfer, any food vending vehicle permit. 8.20.022 Food vending vehicle driver permit procedure. A. Applications for a food vending vehicle driver permit shall be filed with the Chula Vista Police Department and shall contain the following: 1. The name and address of the applicant: 2. The name address and contact information for the owner or owners of the food vending vehicle: 3. The number of a valid state driver license issued to the applicant, authorizing the applicant to drive a food vending vehicle, and date of license expiration: 4. Four passport photographs at least two inches by two inches, taken within the last six months: 6. A statement of whether the applicant's state driver license has ever been revoked or suspended and, if so, the reason(s) for such revocation or suspension: 7. A list, signed under penalty of perjury, of each conviction of the applicant, whether such conviction was by verdict, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which applicant was convicted: 8. A list of the applicant's physical or mental conditions, or any medications being taken, that would interfere with the proper management and control of a motor vehicle: 9. Such other information as may be required by the Chief of Police or his or her designee to further the purpose of this Chapter 10. Every application for a food vending vehicle driver permit shall be accompanied by a nonproratable, nonrefundable application fee in an amount established by the master fee schedule incorporated in Chapter 3.45. 11. It is unlawful for any person to knowingly make a false statement of fact or knowingly omit any information that is required in an application for a food vending vehicle driver permit. 8.20.023 Driver permit issuance and denial. A. Except as provided in subsection C of this section, a food vending vehicle driver permit may be issued by the Chief of Police or his /her designee: 1. Upon receipt of a complete application and payment of the permit fee: and 2. After fingerprinting of the applicant by the Chula Vista Police Department; and 3. After submission of four recent dated portrait photographs, one to be attached to the application. one to be attached to the driver permit if issued, and two for the use of the police department. B All permits shall expire on December 31 s` of the calendar year following the date of issuance unless sooner revoked. Application for renewal shall be submitted on January 1 of the year following expiration of the permit. C. A food vending vehicle driver permit shall be denied by the Chief of Police (or his /her designee) if he or she finds any of the following grounds: 1. The applicant failed to comply with the requirements of this section: 2. The information submitted is materially false or incomplete: 3. The applicant has any unpaid administrative penalties or fines issued by city staff for violation of the Chula Vista Municipal Code. 4. Within twelve (12) months of the date of application, the applicant has had his or her food vending vehicle driver permit revoked. 5. The applicant has within 10 years immediately preceding the date of the filing of the application, been convicted of any of the following offenses: A. Any offense described in California Penal Code Sections 266h, 2661, 315, 316, 318. 653.22, or 647(a), 647(b), 647(k)(1). 647(k)(2), or 647(k)(3). B. Any offense described in California Penal Code, Part One, Title 9, Chapters 7.5 and 7.6: or the applicant has within five years immediately preceding the date of filing of the application been convicted of: a charge of violating any lesser included or lesser related offense, including California Penal Code Section 415, in satisfaction of, or as a substitute for, an original charge of any of the offenses listed above. C. The applicant has been convicted of any offense, which requires registration as a sex offender under California Penal Code Section 290 or where registration pursuant to Penal Code Section 290 was art of the imposed sentence. D. Arrests for any of the above violations may also be grounds for denial. 8.24.024 Posting — Re uired. All permits issued under the provisions of this Chapter shall be posted so as to be visible to the public and kept in a conspicuous place in the vending vehicle during the period such licenses are in force and effect, except as in the Chapter otherwise specifically provided. 8.24.025 Exhibition on demand required . Every permitee under the provisions of this title shall produce and exhibit the license issued to such permitee whenever requested to do so by any police officer, firefighter, fire marshal, business license enforcement officer, code enforcement officer, or designee of the director of finance of the city. 8.20.026 Sus ension or revocation of Rermit. A. The Chief of Police and /or his or her designee may suspend or revoke any food vending vehicle driver permit issued hereunder on the basis of any of the following grounds: 1. City staff determines that any activity authorized by the permit is being carried out in such a manner as to constitute a nuisance, or to be injurious to the public health, safety or welfare: or 2. The operation of the food vending vehicle is in violation of any conditions imposed upon the permit or in violation of any provision of this Chapter, this code. San Diego County Code or state law, including, but not limited to: a. Chapter 8.20 of this code regarding food vending vehicles. c. Chapter 19.68 of this code regarding noise control, or d. The California Retail Food Code (commencing with Health and Safety Code Section 113700): or 3. There exists any of the grounds that would have been grounds for denial of the permit application. 8.20.027 Denial of 2ermit — Appeal — Hearin — Notice re uired. In cases where a food vending vehicle driver permit is denied, suspended or revoked, the applicant shall have the right to appeal such denial of a license to the City Manager. Such appeal shall be in writing and shall be delivered to the office of the city manager within 10 days of the notice of disqualification. The city manager, or official designee, shall hear and determine the appeal within 90 days after it is filed. The hearinq shall be conducted in accordance with the provisions of Chapter 1.40 CVMC. The determination of the city manager or official designee shall be final. A fee as set forth in the master fee schedule shall be imposed by the city manager as a condition to filing any appeal. The fee shall not be greater than the anticipated cost of processing and conducting the appeal, and if the appeal results in issuance of the license, the appeal fee shall be reimbursed to the applicant in accordance with the provisions of Chapter 1.40 CVMC. 8.20.028 Liabilily insurance. A. During the term of a food vending vehicle permit issued pursuant to this Chapter, the owner(s) of a food vending vehicle shall maintain in full force and effect at no cost to the city a comprehensive auto and general liability insurance policy 1. In an amount not less than one million dollars ($1.000.000.00) single limit per occurrence: 2. Issued by an admitted insurer or insurers as defined by the California Insurance Code: 4. Covering all losses and damages relating to the vending vehicle business, its transportation and operation; 5. Stipulating that the policy will operate as primary insurance and that no other insurance effected by the city or other named insured will be called on to contribute to a loss covered thereunder: and 6. It is unlawful for any person to operate a food vending vehicle without insurance coverage in effect as required by this section. 8.20.02 -&029 Vending vehicles — Restrictions near school facilities. ........................................................................................................................................................ ............................... A. No person shall stop or park a food vending vehicle 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 schooldays. B. "School' means all public or private schools in which instruction is given through grade 12 or in any one or more of such grades. (Ord. 2729 § 1, 1998; Ord. 2122, 1985). 8.20.030 Vending vehicles — Parki.ng and stopping regulations. No person shall stop or park a food vending vehicle on a public thoroughfare for the purpose of selling, giving away, displaying or offering for sale any food or beverage product except for a period of time sufficient to consummate an immediate sale or sales. No person shall stop, park or cause any food vending vehicle to remain on any public property except pursuant to the order of a lawful authority or for the purpose of making emergency repairs to the vehicle; in no event shall any person sell or give away any food or beverage product from a food vending vehicle while on any public property other than a thoroughfare. No person shall stop, stand or park a vending vehicle upon any street for the purpose of dispensing victuals under any circumstances in violation of stopping, standing or parking prohibitions or restrictions either shown by signs or curb markings or as otherwise provided by the State Vehicle Code or the health, safety, fire, traffic, business or other regulations set forth in the Chula Vista Municipal Code. No oerson shall cfnn nArk nr nm 7 fend vpnrlinn vehicle to rcmnin nn r nv 8.20.031 Vending vehicles litter control. The vending vehicle when in operation shall provide a minimum of two thirty -two (32)- gallon litter receptacles within fifteen (15) feet of the vehicular food vending vehicle. One receptacle should be for refuse and one receptacle for recycling materials. The receptacles will serve both employees and customers. The vending vehicle shall maintain the subject property and adjacent right -of -way free of litter on and within one hundred (100) feet of the subject vending site. All refuse shall be removed from the site and properly disposed of on a daily basis. This provision shall not apply to an unprepared food vending vehicle. 8.20.032 Operations Shall Not Impede Public Movement. Vending vehicle employees shall keep and maintain his or her equipment in a neat, clean and safe condition and shall conduct all operations in a neat, orderly, safe and sanitary manner. Such operations shall not obstruct, interfere with or impede the free movement or use by the general public of any street, sidewalk, parking area, alley, way or other public or private property. No operations shall be conducted in a manner which disturbs, accosts, confronts, harasses, badgers or annoys any person. 8.20.033 Lighting. No temporary lights shall be provided on the site where the vending vehicle is operating, except that localized lighting may be used on or in vending vehicles for the purpose of inside food preparation and menu illumination. 8.20.034 Utilities. No person may operate a food vending vehicle while the vehicle is connected to an external source of power, water or any other utilities. 8.20.035 Signs. No signage other than that exhibited on the vending vehicle may be displayed at the site where the vending vehicle is operating. This prohibition shall include any hand -held signage and handbills. 8.20.036 Consent of Private Property Owner. If the vending vehicle is located on private property it must receive written consent from the property owner to occupy the property. The vending vehicle employees should maintain a copy of the written consent document in the vending vehicle at all times. 8.20.037 Private Property Owner Responsibility for Unpermitted Vending Vehicles. No property owner shall allow a vending vehicle to operate on his or her property without ensuring that the vending vehicle possesses a City of Chula Vista business license and vending vehicle driver permit. 8.20.040 Vending vehicles — Compliance with certain regulations required. Food vending vehicles shall comply with all provisions of this code and other ordinances of the city regulating food vending establishments, insofar as such regulations are applicable to vending vehicles and the operation thereof. It is unlawful for any vending vehicle to engage in the activity of vending foodstuffs in the City of Chula Vista without a valid permit, certificate or other authorization required by the County of San Diego Department of Health. -(Ord. 855 § 2, 1963; prior code § 15.62). 8.20.050 Vending vehicles — Refrigeration required. ................................................................. ............................... No person shall operate, or cause to be operated, a food vending vehicle unless it is furnished with mechanical refrigeration equipment, in good working order, sufficient to maintain perishable food and beverage products at a temperature not in excess of 50 degrees Fahrenheit. Refrigeration compartments shall be kept clean, shall be constructed of tile, metal or other approved material, and shall have no seams or cracks. Food storage containers shall have no open seams. (Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code § 15.63) 8.20.060 Vending vehicles — Identification to be displayed. 11 The exterior of each vending vehicle shall display, in lettering at least three inches in height, the name, address and telephone number of the owner. A distinctive identifying number or symbol assigned by the department of public health shall be displayed on the windshield of each vending vehicle. (Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code § 15.64). 8.20.070 Vending vehicles — Cleanliness required — Inspection — Certification. .............. ............................... ................................ ............................... ........... ......... The interior and the exterior of every food vending vehicle and all equipment therein shall have smooth, washable surfaces and shall be maintained in good repair and in a sanitary manner. Each vending vehicle shall be inspected at least semi - annually by the health officer. Vending vehicles shall be loaded and ready for operation at the time of inspection. A certificate of inspection, valid for six months, shall be issued to vending vehicles conforming to the requirements of this code. The certificate of inspection shall specify the food products which may be sold. (Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code § 15.65). 8.20.075 Letter grades for vending vehicles. ...................................................................................................... ............................... A. San Diego County Code of Regulatory Ordinances. The provisions of the San Diego County Code of Regulatory Ordinances concerning permanent and mobile food facilities, at Title 6, Division 1 of the County Code, are incorporated into this code by reference and shall also be applicable to "vending vehicles," as defined in CVMC 8.20.010. B. Fee. All persons and businesses required to obtain a health - related permit or related service from the County of San Diego Department of Environmental Health (DEH) pursuant to this code shall pay the county the fee established in the County Code for that permit or service, including delinquent payment fees. (Ord. 3243 § 1, 2012). 8.20.080 Vending vehicles — For.unprepared food — Regulations. ..................................... ............................... No person shall operate or cause to be operated an unprepared food vending vehicle without complying with all of the following regulations: A. All tools, implements and receptacles shall be kept in a clean and sanitary condition. B. Sufficient fly -tight containers, of metal or some other approved substance, shall be provided for the disposal of trimmings and refuse and shall be emptied and washed daily. C. No fish, poultry or other animal shall be cleaned in a food vending vehicle, nor shall the entrails of any fish, poultry or other animal be there removed. No fish, poultry, meat or meat products shall be cut, processed or otherwise prepared in a food vending vehicle. D. Scales and other weighing devices shall be protected from dust, dirt, flies and other vermin and contaminants. E. Every unprepared food vending vehicle shall be inspected at least semi - annually on dates scheduled by the health officer, or more often if the health officer so requires. The vending vehicle shall be fully loaded and ready for operation at the time of such inspection. The health officer shall issue a certificate of inspection if his inspection discloses that the vehicle conforms to the requirements of this code. The certificate shall expire six months from and after the date of its issue, and shall specify the particular food and beverage products authorized to be sold or otherwise distributed from the vehicle. (Ord. 855 § 2, 1963; prior code § 15.66). 8.20.090 Vending vehicles — For prepared food — Regulations. ........................... I.............................. ......................... ........................ .. No person shall operate or cause to be operated a prepared food vending vehicle without complying with all of the following requirements A. Every owner or operator of vending vehicles shall have a service room or other sanitary location approved by the director of public health for the preparation of food sold from vending vehicles. Only food prepared in the service room or other approved location shall be sold from a vending vehicle. Service rooms or other approved locations shall comply with regulations for food handling establishments. B. No hot prepared food, except coffee, tea or packaged cocoa, shall be served from a vending vehicle unless the equipment used to prepare such food is approved by the director of public health. C. Except as provided in subsection (D) of this section, no perishable food shall be sold from a vending vehicle more than 24 hours after preparation. D. If the director of public health certifies that an owner or operator of vending vehicles continuously maintains all perishable food intended for sale from a vending vehicle at a temperature of not more than 50 degrees Fahrenheit from the time of preparation until service to the consumer, such food may be sold for a period not exceeding 72 hours after preparation. E. All perishable food shall show the date of preparation. F. Vending vehicles shall dispense only single - service disposable cups, plates, forks and spoons. (Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code § 15.67). 8.20.095 Vending vehicles — Mobile food preparation unit — Regulations. No person shall operate or cause to be operated a mobile food preparation unit without complying with all of the provisions of Health and Safety Code Section 27790, et seq., and Article 10 (commencing with Section 13600) of Title 17 of the California Administrative Code. Said operation shall comply with the following additional requirements: A. Mechanically refrigerated display cases shall be provided for all perishable foods on display for sale in said mobile food preparation unit B. Vehicle ambient air temperature shall be maintained in each work area to provide reasonable comfort consistent with standards of the restaurant industry for the nature of the process and the work performed. If excessive heat or humidity is created, the owner or operator of the mobile food preparation unit shall make all feasible means to reduce such excessive heat or humidity to a degree providing reasonable comfort. C. Mobile food preparation units shall be equipped with adequate seats with backrests for all employees to be transported in such units. Said seats shall be properly secured in place. Seats shall be not less than 15 inches or more than 19 inches above the floor, at least 10 inches deep, and at least 18 inches wide. The backrests shall extend to a height of at least 36 inches above the floor. All persons being transported in a mobile food preparation unit shall be seated in said seats while the unit is in motion. D. Each mobile food preparation unit shall be equipped with a fully charged fire extinguisher in good condition. Drivers shall be advised of the location of the type of extinguisher used and instructed in its operation E. All cutting tools or tools with sharp edges carried in a mobile food preparation unit shall be placed in covered boxes or containers while the unit is in motion, and all other tools and cooking equipment shall be secured to the body of the vehicle while the unit is in motion. Tools with cutting edges protected by scabbards or similar guards shall be considered as being in containers. F. An alternative means of exit, other than the main exit door, shall be provided in the exterior wall and in the roof of the vehicle with unobstructed passages to the outside. Such passage shall be at least 24 inches by 24 inches. The alternate means of exit shall have an interior latching mechanism which shall be operated by hand without special tools or key. Such exit shall be labeled "Safety Exit" in contrasting colors with letters at least one inch high. G. All loads carried in a mobile food preparation unit shall be secured against dangerous displacement either by properly piling or securing in a manner as to prevent shifting, toppling or otherwise becoming unstable. H. No cooking or food preparation shall be done while the mobile food preparation unit is in motion. I. A headquarters shall be established for all mobile food preparation units, and said units shall be stored at such headquarters when not in use. J. The storage area shall be equipped with an electrical outlet to provide auxiliary power for refrigeration units on each mobile preparation unit K. The headquarters parking area for mobile food preparation units shall be paved with a paving material such as concrete or asphalt. The surface of the paving shall slope to a drain and shall not pond water. Said surface shall be kept in good repair. The storage area shall contain a liquid waste dump station, and there shall be installed a concrete apron surrounding the waste receptor for a distance of 10 feet in each horizontal direction, sloping to the drain. L. Waste water shall not be permitted to flow into the street from the headquarter's parking area M. An approved waste dump station shall be provided at each headquarters. N. Lights shall be provided for the parking area to provide at least two footcandles of illumination when measured 30 inches above the pavement. 0. Mobile food preparation units which do not properly control food temperature, which lack running water, which have a defective liquid waste collection tank or which otherwise are unable to operate in a sanitary manner so as to pose an immediate danger to the public health may be removed from operation by order of the health officer or his designated representative. P. The health officer shall be granted access to inspect mobile food preparation units during operating hours and at the headquarters during hours of loading, food preparation, and cleaning. (Ord. 2120 § 2, 1985). 8.20.100 Vending vehicles — Limitations on use. ............................................................................................................... ............................... Food vending vehicles shall be used for no purpose other than those purposes permitted by this Cshapter, unless the health officer has approved in writing some other proposed use of such vehicle. (Ord. 855 § 2, 1963; prior code § 15.68). 8.20.110 Violations. Violations of this Chapter can be issued by city staff under either Chapter 1.20 or Chapter 1.41 of this Code. Appeals are to be reauested and conducted pursuant to Chapter 1.40.