HomeMy WebLinkAboutItem 3 - Attch 2 - CC Ord "A"
Ordinance
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE, TITLE 19, PLANNING
AND ZONING, CHAPTER 19.58, USES, TO ADD SECTION
19.58.440, MOBILE FOOD FACILITIES; AMENDING
CHAPTER 8.20, FOOD VENDORS; AMENDING CHAPTER
5.62, VENDING VEHICLES; AND AMENDING SECTION
10.52.200 PEDDLERS AND VENDORS PARKING
PERMITTED WHEN TIME LIMIT
WHEREAS, mobile food facilities, provide gourmet and fast food options to city
residents, workers and visitors; and
WHEREAS, mobile food facilities operating at the invitation of businesses, such as retail
centers or breweries, draw customers that benefit these businesses; and
WHEREAS, mobile food facilities provide diverse dining options for the general public
at permitted special events on public or private property such as festivals, street fairs and fun
runs; and
WHEREAS, mobile food facilities provide an opportunity for entrepreneurs to operate
small businesses, as well as for brick and mortar restaurants to expand into other locations or
new markets; and
WHEREAS, California Health and Safety Code section 113700 et seq. (the California
Retail Food Code) establishes local regulatory authority over mobile food facilities and allows
mobile food facilities to operate in accordance with local codes, ordinances and regulations; and
WHEREAS, Section 22455 of the California Vehicle Code authorizes the City to regulate
the time, place and manner of vending from mobile food facilities in the public right-of-way for
public safety; and
WHEREAS, Section 114315 of the California Health and Safety Code requires a mobile
food facility be operated within 200 feet of an approved and readily available toilet and
handwashing facility to ensure that restroom facilities are available to mobile food facility
employees whenever the mobile food facility is stopped to conduct business for more than a one-
hour period.
WHEREAS, The Director of Development Services reviewed the proposed legislative
actions for compliance with the California Environmental Quality Act (CEQA) and determined
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development
Services has also determined that the activity qualifies for an Exemption pursuant to Section
15061(b)(3) of the State CEQA Guidelines. Therefore, no further environmental review is
required.
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NOW THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
That the regulation of mobile food facilities is in the interest of the health, safety and
welfare of the community and that the sales of products from mobile food facilities be limited to
food items subject to regulation under the California Retail Food Code, as may be amended.
BE IT FURTHER ORDAINED that Section 19.58.440 be added to the Chula Vista
Municipal Code and that Chapters 5.62, 8.20 and Section 10.52.200 of the Chula Vista
Municipal Code be amended as set forth below.
Section I.
Section 19.58.440 Mobile food facilities.
A. Purpose
Mobile food facilities benefit the community by providing gourmet and fast food services to City
residents, workers and visitors. They also provide an entrepreneurial opportunity for small
businesses to operate in the City, and for brick-and-mortar restaurants to operate in different
locations or markets. When operated at the invitation of a brewery or retail center, Mobile food
facilities draw customers that benefit these businesses. Similarly, when operated as part of a
permitted special event, Mobile food facilities draw customers that benefit the special event.
The City needs to protect the public by ensuring mobile food facilities are operated in a safe
manner and do not create nuisances or hazards. Reasonable regulations are necessary to ensure
that mobile food facilities are operated in accordance with health, safety and traffic laws of the
state and the parking ordinances of the City; do not cause public safety problems by contributing
to traffic congestion or by creating pedestrian and vehicular conflicts; and do not disturb the
quiet use and peaceful enjoyment of residential neighborhoods. Therefore the regulations in this
section are enacted in accordance with the authority granted in Section 22455 of the California
Vehicle Code and California Health and Safety Code section 114315 et seq. (the California
Retail Food Code.
B. Definitions
1. host, tenant, lessor, or manager of
real property, or an agent thereof, who has responsibility for authorizing location of a Mobile
food facility on the property.
2. a permit authorizing an Authorizing Person to host a Mobile
food facility on their premises.
3. Mincludes the definition in California Health and Safety Code
section 113831, as may be amended, and also means a vehicle that operates as a food facility
from which food is sold or distributed at retail.
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a. Mobile food facility
packaged food from a facility, or other approved source, to the consumer.
b. Mobile food facilityhich are addressed
in Section 8.20.020 of the Municipal Code, or vehicles that deliver prepared
food to subscribers.
4.
purposes of this Section, also includes Authorizing Persons and Vendors.
5.
California Vehicle Code, as may be amended.
6. an unpowered vehicle towed by another vehicle.
7. a permit allowing a Vendor to operate a Mobile food
facility on private and public property.
8. Mobile food
facility.
C. Mobile food facilities on private, public, and City property
Mobile food facilities may operate on nonresidential and residential private property with
prior written consent of an Authorizing Person. Mobile food facilities may operate on City
property with the prior written consent of the City Manager or designee, and may also operate on
public streets and highways. All Mobile food facilities, regardless of vending location, are
subject to the Vending Permit requirements and regulations set forth herein, as well as other
applicable provisions of the Municipal Code, California law and federal law.
1. Mobile food facilities may operate as an accessory or ancillary use in all agricultural,
mixed use, commercial and industrial zones, and similar zones for all Sectional
Planning Area (SPA) Plans and Specific Plans upon issuance of a Vending Permit by
the City Manager or designee, except where prohibited in this Municipal Code.
2. Mobile food facilities may operate at multiple nonresidential sites with a valid annual
Vending Permit, and written permission by an Authorizing Person representing
property or business ownership, in possession of a Hosting Permit, where the Mobile
food facility operates.
3. Mobile food facilities may not operate in residential zones, except:
a) Pursuant to a block party permit issued by the City; or
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b) When an Authorizing Person has invited a Mobile food facility onto the
premises of a college, school, religious institution, construction site, or other
private property in a residential zone, when providing food service to patrons
on such premises exclusively.
4. Mobile food facilities are prohibited from vending on vacant lots or gas service
stations, and shall not be the primary use on any lot.
D. Private Catering
Mobile food facilities may operate as a private food and beverage caterer with a Vending Permit
under the following conditions:
1. The Mobile food facility shall be parked entirely on private property.
2. Service shall be limited to guests of the event host. No walk-up customers are
permitted.
3. Payment transactions shall occur between the event host and the Vendor only.
E. Hosting Permit requirements
1. An Authorizing Person wanting to host Mobile food facilities on their property shall
obtain an annual Hosting Permit prior to allowing Mobile food facility Vendors on their
premises.
2. Payment of a fee is required for an annual Hosting Permit. The permit fee shall be as
set forth in the Master Fee Schedule of the City adopted by resolution by the City Council. The
City Manager shall from time to time recommend such fees to the City Council that reflect an
amount to equal but not to exceed the reasonable costs of administration of the program.
F. Vending Permit requirements
1. All Mobile food facility Vendors shall obtain an annual Vending Permit before
offering food or beverages for sale in Chula Vista.
2. Payment of a fee is required for an annual Vending Permit. The permit fee shall be as
set forth in the Master Fee Schedule of the City adopted by resolution by the City Council. The
City Manager shall from time to time recommend such fees to the City Council that reflect an
amount to equal but not to exceed the reasonable costs of administration of the program.
3. The following shall be submitted with each application for a Mobile food facility
Vending Permit and when a Vending Permit is issued, the vendor shall maintain the following
during the permit year, and shall present the Vending Permit and any of the following, upon
request, to a police officer, code enforcement officer, or any other person designated by the City
to enforce this Municipal Code section:
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a. A business tax certificate (license) to operate in Chula Vista; a separate
business license is required for each Mobile food facility.
b. Mobile food facility driver.
c. Proof of commercial vehicle insurance for each Mobile food facility.
d. A commissary agreement for each Mobile food facility to park, clean, and
obtain supplies from a commissary that provides these services; except
trailers.
e. County of San Diego Mobile Food Facility (MFF) or Occupied Mobile Food
Facility (OMFF) Permit for each Mobile food facility.
f. A health permit issued by the San Diego County Department of
Environmental Health for each Mobile food facility.
g. When vending on nonresidential private property either pursuant to a special
event permit or a Vending Permit, a written agreement with an Authorizing
Person authorizing the Vendor to operate a Mobile food facility on the
property, including days and hours of operation and a site map identifying the
vending location.
h. When vending on private property for more than a one-hour period, a written
agreement with an Authorizing Person authorizing Mobile food facility
employees to use toilet and handwashing facilities onsite; portable toilets and
portable handwashing do not satisfy this requirement.
i. When vending on public property or City property, an agreement to indemnify
and hold harmless the City, on a form provided by the City, and a certificate
of insurance naming the City of Chula Vista as an additional insured in an
amount and manner determined by City .
4. A Vending Permit is non-transferrable.
G. Mobile food facility regulations
Vendors and Authorizing Persons are required to ensure that all Mobile food facilities comply
with the following regulations:
1. Only food and beverages regulated by the California Retail Food Code shall be offered
for sale or distribution.
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2. Litter generated by the Mobile food facility Vendor or customers shall be picked up
within a 25 foot radius of the Mobile food facility before the Mobile food facility leaves the
vending location.
3. A trash receptacle and a separate recycling receptacle shall be provided for use by
employees and customers; the Vendor shall remove trash and recycling receptacles before
leaving the vending site.
4. Advertising shall be limited to A-frames entirely on the premises only, or advertising on
or in the Mobile food facility.
5. Lighting shall be provided during hours of darkness to ensure customer safety. Lighting
shall not create glare and shall be directed downward and away from adjacent properties.
6. A Mobile food facility shall be operated only on a paved level area. A paved level area
means an area having a surface comprised of Decomposed Granite (DG), Asphalt/Concrete
(A/C), or Concrete with a cross fall not greater that 2.0 percent.
7. The Vending Permit shall be displayed in a place on the Mobile food facility visible from
outside.
8. Mobile food facilities shall be entirely self-sufficient in regards to gas, electricity, water
and telecommunications.
9. All other applicable provisions of the Municipal Code and state and federal laws that
regulate Mobile food facilities and commercial vehicle operations on public or private property
and all traffic, parking and motor vehicle laws shall be followed.
H. Mobile food facility prohibitions
Vendors and Authorizing Persons are required to ensure that all Mobile food facilities, except for
Mobile food facilities operating as part of a special event for which a special event permit has
been issued by the City, shall comply with the following prohibitions:
1. No alcoholic beverages or tobacco products shall be served or sold.
2. Music or other noise shall not exceed the limits set by the provisions of Municipal
Code section 19.68, Performance Standards and Noise Control.
3. All associated equipment and operations shall be self-contained within Mobile food
facilities. The following items, which shall include, but not be limited to: furniture; tables;
chairs; benches; heaters; generators; exterior electrical cords; exterior hoses; tents; and canopies
are prohibited.
4. An awning that does not exceed the square footage of the Mobile food facility and that
is attached, and fully supported by the Mobile food facility is allowed. Such awnings shall not
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be tied to traffic signals, light standards, sign poles, parking meters, newspaper racks, bus stops,
benches, trash receptacles or other similar fixed objects.
5. When a Mobile food facility is located within 500 feet of a residential zone,
operations, including set up and tear down, are allowed only between 7 a.m. and 10 p.m.
weekdays and between 8 a.m. and 10 p.m. weekends.
6. A Mobile food facility shall not be parked so that it: a) restricts sight distances at
driveways and intersections; or b) interferes with the free flow of pedestrian or vehicle
circulation and traffic, including but not limited to access to or egress from any business, public
building, or dwelling unit.
7. A Mobile food facility may not be operated in such a way as to occupy more than 25
percent of paved area on the property upon which it is located.
8. The maximum number of Mobile food facilities permitted on a site is determined as
follows:
a. One Mobile food facility may operate on the site for every 525 square feet of
paved area (at least 35 feet by 15 feet in dimension) available for vending
activity, except that Mobile food facilities greater than 30 feet in length
require a space at least 70 feet by 15 feet.
b. Mobile food facility vending activity at a private parking lot shall not impact
on-site parking or reduce the number of parking spaces required for on-site
uses while those uses are in operation.
9. Mobile food facilities shall not be located within 30 feet of an intersection when
parked on a street or highway, sales shall be from the curbside only, and pedestrian or vehicular
circulation on the street, sidewalk, or parkway shall not be obstructed.
10. No person shall stop or park a Mobile food facility on a public street within 500 feet
of any school property boundary in the City of Chula Vista between the hours of 7:00 a.m. and
5:00 p.m. on regular school days. For purposes of this provision, s
private schools in which instruction is given through grade 12 or in any one or more of such
grades.
I. Exceptions to Mobile food facility prohibitions
The prohibitions in Subsection H.3 shall not apply to a Mobile food facility operating entirely on
private property that is not open to the general public, is closed to walk-up sales to the general
public, and is available for sales or service only to guests, customers or employees and is
operating pursuant to a special event permit.
J. Vending Permit issuance
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The City Manager or designee shall approve and issue a Vending Permit if all applicable sections
of this Chapter are satisfied and required fees are paid. The permit is effective on the date of
issuance, and is effective for one year or until the expiration of a valid business license,
whichever comes first. A permit shall not be issued for a location where an enforcement action
for Code violations or unlawful activity is pending.
K. Hosting Permit issuance
The City Manager or designee shall approve and issue a Hosting Permit if all applicable sections
of this Chapter are satisfied and required fees are paid. The permit is effective on the date of
issuance, and is effective for one year or until the expiration of a valid business license,
whichever comes first. A permit shall not be issued for a location where an enforcement action
for Code violations or unlawful activity is pending.
L. Enforcement of violations; appeal of Vending Permit denial or revocation
Violation of any provision of this Chapter is subject to enforcement pursuant to the provisions of
Chapter 1.20 through 1.41 of this Municipal Code. For purposes of enforcement of this Section,
a Responsible Party, as defined in Section 1.04.010 of this Municipal Code, also includes
Vendors and Authorizing Persons. Denial or revocation of a Vending Permit may be appealed
pursuant to Chapter 1.40 of this Municipal Code. If a Vendor or Authorized Person is cited for
three violations within one year, no Vending Permit or Hosting Permit shall be granted the
following year. The Vendor or Authorizing Person may apply for a permit two years after the
last violation.
Section II.
Chapter 5.62
VENDING VEHICLES
Sections:
5.62.010 Vending vehicles License tax required.
5.62.020 Vending vehicles Parking and stopping regulations.
5.62.030 Vending vehicles Mobile food facilities.
5.62.010 Vending vehicles License tax required.
Every person conducting, managing or operating a business in which vending vehicles are used,
from which any goods other than including foodstuffs are sold, given away, displayed or offered
for sale at retail, shall pay a license tax presently designated, or as may in the future be amended,
in Section 5.62.010, of the master tax schedule in CVMC 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.
(Ord. 2408 § 1, 1990; Ord. 2081 § 1, 1984; Ord. 1801 § 13, 1978).
5.62.020 Vending vehicles Parking and stopping regulations.
No person shall stop or park a vending vehicle on a public thoroughfare for the purpose of
selling, giving away, displaying or offering for sale any merchandise, except for a period of time
sufficient to consummate an immediate sale or sales. No person shall stop, park or cause any
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
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person sell or give away any merchandise from a vending vehicle while on any public property
other than a thoroughfare. No person shall stop, park or cause a vending vehicle to remain on any
private property for the purpose of selling, giving away, displaying or offering for sale any
merchandise to any person other than the owner of such property or his agents, customers or
employees. (Ord. 1884 § 1, 1979).
5.62.030 Vending vehicles Mobile food facilities.
A Mobile food facility as defined in Section 19.58.440 of this Municipal Code, is not a vending
vehicle for purposes of this Chapter 5.62.
Section III.
Chapter 8.20
FOOD VENDORS*
Sections:
8.20.010 Vending vehicles Definitions.
8.20.020 8.20.01005 Vending vehicles For foodstuffs, including but not limited to, frozen
desserts, drinks and ice cream License tax required.
8.20.02150 Vending vehicles Restrictions near school facilities.
8.20.015 Vending vehicles Mobile food facilities.
8.20.030 Vending vehicles Parking and stopping regulations.
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 8.20.020 Vending machines Operator defined.
8.20.120 8.20.025 Vending machines Permit required Operator responsibilities.
8.20.130 8.20.030 Vending machines Permit required for service vehicle.
8.20.140 8.20.035 Vending machines Location restrictions Approval required.
8.20.150 8.20.040 Vending machines Service room required.
8.20.160 8.20.045 Vending machines Cleaning and sanitizing generally.
8.20.170 8.20.050 Vending machines Outside and other equipment to be cleaned.
8.20.180 8.20.055 Vending machines For cold carbonated beverages Cleaning
requirements.
8.20.190 8.20.060 Vending machines For milk products Cleaning and sanitizing
requirements.
8.20.200 8.20.065 Vending machines Refilling regulations.
* 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.
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Vending vehicles Definitions.
Whenever in this chapter the following terms are used, they shall have the meanings respectively
ascribed to them in this section:
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.
away, displayed or offered for sale, at retail, any raw or unprepared food or food product
including, but not limited to, fruits, vegetables, produce, meats, fish, poultry or seafood.
upon which
food is prepared for service, sale, or distribution at retail. A mobile food preparation unit shall be
considered a vending vehicle for purposes of this chapter.
D. 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 chapter and state
law. (Ord. 2120 § 1, 1985; Ord. 855 § 2, 1963; prior code § 15.60).
8.20.020 8.20.00510 Vending vehicles For foodstuffs, including but not limited to, frozen
desserts, drinks and ice cream License tax required.
Every person conducting, managing or operating a business in which 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 Section 8.20.020 of the master tax schedule in CVMC
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. (Ord. 2408 § 1, 1990; Ord. 2081 § 1, 1984; prior
code § 18.57).
8.20.02150 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 school days.
in any one or more of such grades. (Ord. 2729 § 1, 1998; Ord. 2122, 1985).
8.20.015 Vending vehicles Mobile food facilities.
A Mobile food facility, as defined in Section 19.58.440 of this Municipal Code, is not a vending
vehicle for purposes of this Chapter 8.20.
8.20.030 Vending vehicles Parking and stopping regulations.Share
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
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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, park or cause a
food vending vehicle to remain on any private property for the purpose of selling, giving away,
displaying or offering for sale any food or beverage product to any person other than the owner
of such property or his agents, customers or employees. (Ord. 855 § 2, 1963; prior code § 15.61).
8.20.040 Vending vehicles Compliance with certain regulations required.Share
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. (Ord. 855 § 2, 1963; prior code § 15.62).
8.20.050 Vending vehicles Refrigeration required.Share
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.Share
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.Share
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.Share
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
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).
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8.20.080 Vending vehicles For unprepared food Regulations.Share
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.Share
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.
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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.Share
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
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.
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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.
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.
O. 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
chapter, unless the health officer has approved in writing some other proposed use of such
vehicle. (Ord. 855 § 2, 1963; prior code § 15.68).
8.20.020110 Vending machines Operator defined.
§ 2, 1963; prior code § 15.71).
8.20.120025 Vending machines Permit required Operator responsibilities. Share
No operator shall maintain, conduct, manage or operate any vending machine unless a permit for
such machine has been issued by the health officer and unless such permit is valid and
unexpired. The applicant for a permit shall designate in writing the products to be vended, and
permits shall be valid only for those products listed on the permit. Unless it appears to the health
officer that the vending machine will at all times be maintained in a clean and sanitary condition,
Ordinance
Page 15
and that all products of the machine will reach the consumer in a clean and wholesome
condition, he shall deny the application for the permit. If the permit is granted, the operator shall
be responsible for the proper operation and maintenance of the vending machine and for
complying with the requirements of this division and of state laws and regulations in connection
therewith. The name and address of the operator shall be posted conspicuously on the vending
machine. (Ord. 855 § 2, 1963; prior code § 15.70).
8.20.1030 Vending machines Permit required for service vehicle. Share
No operator shall use a vehicle to service vending machines, or allow such use, unless the health
officer has issued a permit for such vehicle. (Ord. 855 § 2, 1963; prior code § 15.72).
8.20.140 035 Vending machines Location restrictions Approval required. Share
The operator shall furnish the health officer with the location of any vending machine installed,
sufficiently soon so that within 72 hours subsequent to such installation the health officer may
inspect the vending machine and the location. If the location of the machine is not approved by
the health officer, the vending machine shall be removed immediately and not operated until the
location thereof is rendered acceptable. Each vending machine shall be located so that sanitary
facilities, fixtures and receptacles for emptying waste containers and for performing required
sanitation are readily accessible. The area around the vending machine shall be maintained clean
and free of accumulated paper cups and wrappers, spillage, and other waste material and trash.
Approved trash receptacles shall be provided by the machine operator, proximate to vending
machines, whenever required by the health officer. (Ord. 855 § 2, 1963; prior code § 15.73).
8.20.150 040 Vending machines Service room required. Share
All operators shall establish within the city a service room or rooms, which shall be used only for
cleaning, storing and maintaining vending machines, supplies and sanitized parts. All cleaning
and sanitizing of vending machine parts which come in contact with food, food products or
liquids dispensed by a vending machine shall be done in the service room previously approved
by the health officer. The service room shall meet all the requirements of this title relative to
food handling establishments. (Ord. 855 § 2, 1963; prior code § 15.74).
8.20.160 045 Vending machines Cleaning and sanitizing generally. Share
Vending machines dispensing liquids shall be cleaned not less frequently than three times each
week, and machines dispensing unwrapped nonliquid food products shall be cleaned not less
frequently than once each month, except as hereinafter noted in the manner set forth in CVMC
8.20.170 through 8.20.200. (Ord. 855 § 2, 1963; prior code § 15.75).
8.20.170 050 Vending machines Outside and other equipment to be cleaned. Share
The following general regulations apply to all vending machines. The operator shall clean the
outside of the machine, and any vending stage, door, chute, drip plate and waste can. Used cup
and trash containers shall be emptied and cleaned. Parts shall be wiped with a cleaned moist
cloth which has been dipped in a solution containing not less than 200 parts of active chlorine
per million parts, or in some such other approved sanitizing agent or material. (Ord. 855 § 2,
1963; prior code § 16.76(A)).
8.20.180 055 Vending machines For cold carbonated beverages Cleaning requirements.Share
Ordinance
Page 16
In addition to the servicing required by the general regulations, machines dispensing cold
carbonated beverages shall be serviced as follows: Not less frequently than once each 60 days,
all contact parts of the machine shall be cleaned by removing, washing and disinfecting all tanks,
valves, faucets, pipe lines and water filters. Interior water filter and conditioning elements shall
be taken to the service room for servicing; properly sanitized replacements may be transported
under sanitary conditions from the service room and installed while the other water filter and
conditioning elements are being serviced. Water filters and water conditioning devices shall be
of a type which permits periodic cleaning and replacement. (Ord. 855 § 2, 1963; prior code §
15.75(B)).
8.20.190 060 Vending machines For milk products Cleaning and sanitizing
requirements.Share
In addition to the servicing required by the general regulations, machines dispensing milk and
milk products shall be serviced as follows: Fluid milk or cream shall be removed from the
machine and discarded daily, and fresh products added. Canned evaporated milk may be
dispensed for 72 hours before discarding; provided, that throughout this period the temperature
of such milk is maintained at not more than 50 degrees Fahrenheit. All parts and appurtenances
of vending machines that come in contact with fluid milk or milk products shall be removed
daily and cleaned and sanitized. Vending machines that dispense nonliquid milk or nonliquid
cream products shall be sanitized not less frequently than three times each week. (Ord. 855 § 2,
1963; prior code § 15.75(C)).
8.20.200 065 Vending machines Refilling regulations. Share
Vending machines, in locations for which the health officer has not issued a food handling
establishment permit, shall be refilled only by substituting for the empty container one which
was cleaned, sanitized and filled in the service room. The emptied container shall be transported
to the service room for cleaning and sanitizing. (Ord. 855 § 2, 1963; prior code § 15.75(D)).
Section IV.
Chapter 10.52
STOPPING, STANDING AND PARKING*
10.52.200 Peddlers and vendors Parking permitted when Time limit.
Except as otherwise provided in this chapter, no person shall stand or park any vehicle, wagon or
pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold,
displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating
car or vehicle, on any portion of any street within this city, except that such vehicles, wagons or
pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not
to exceed 10 minutes at any one place. The provisions of this section shall not apply to persons
delivering such articles upon order of, or by agreement with, a customer from a store or other
fixed place of business or distribution, or a mobile food facility as defined in Section 19.58.440
of this Municipal Code. (Ord. 973 § 1, 1966; prior code § 19.10.15(A)).
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Page 17
Section V. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section VI. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section VII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VIII. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by: Approved as to form by:
_____________________________________ ____________________________________
Kelly Broughton, FSLA Glen R. Googins
Development Services Director City Attorney