HomeMy WebLinkAboutOrd 2018-3432ORDINANCE NO. 3432
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE 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), AMENDING
CHAPTER 10.52 (STOPPING, STANDING, AND PARKING),
AND AMENDING CHAPTER 5.07 (MASTER TAX
SCHEDULE)
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; and
WHEREAS, Chula Vista Municipal Code (CVMC) Chapters 8.20 and 5.62 currently
address the licensing and operation of food and non-food vending vehicles; and
WHEREAS, the creation of CVMC Section 19.58.440 (Mobile Food Facilities) is
recommended to regulate mobile food facilities; and
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WHEREAS, CVMC Section 5.07.030 establishes a Master Tax Schedule for business
license tax purposes; and
WHEREAS, pursuant to Section 5.07.030, the applicable rate for all vending vehicles is
set at $200 per vehicle per year (foodstuffs and non-foodstuffs); and
WHEREAS, for each business license tax established in CVMC Section 5.07.030, a
reference to the applicable section of the CVMC is provided; and
WHEREAS, approval of this ordinance will create a new CVMC section regulating a
subset of food vending vehicles, necessitating an update to the Master Tax Schedule references ;
and
WHEREAS, the City Council reviewed the proposed legislative action for compliance
with the California Environmental Quality Act (CEQA) and determined that the action is not a
“Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the action is not subject to CEQA. In
addition, notwithstanding the foregoing, the City Council has also determined that the action
qualifies for an Exemption pursuant to Section 15061(b)(3) of the State CEQA Guidelines ;
therefore, no further environmental review is required.
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 are 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.
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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. 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”), as each may be amended.
B. Definitions
1. “Authorizing Person” means a property owner, host, tenant, lessor, or manager of real
property, or an agent thereof, who is responsible for authorizing location of a mobile food
facility on the property.
2. “Hosting Permit” means a permit authorizing an Authorizing Person to host a mobile
food facility on their premises.
3. “Mobile food facility” A large vehicle equipped to cook and sell food as a mobile
kitchen, and as defined 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.
a. “Mobile food facility” does not include a “transporter” used to transport
packaged food from a facility, or other approved source, to the consumer.
b. “Mobile food facility” does not include ice cream trucks that sells pre-made,
prepared, or prepackaged products, or unprepared food vending vehicles,
which are defined in Section 8.20.010 of the Municipal Code, or vehicles that
deliver prepared food to subscribers.
4. “Responsible Party” is defined in Section 1.04.010 of this Municipal Code, and for
purposes of this Section, also includes Authorizing Persons and Vendors.
5. The terms “street,” “highway,” and “vehicle” have the same definition as in the
California Vehicle Code, as may be amended.
6. “Trailer” means an unpowered vehicle towed by another vehicle.
7. “Vending Permit” means a permit allowing a Vendor to operate a mobile food facility
on private and public property, and in the public right-of-way.
8. “Vendor” means a person who owns, leases, manages or vends from a mobile food
facility.
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C. Mobile food facilities – License tax required
Every person conducting, managing or operating a mobile food facility shall pay a tax as
presently designated, or as may be amended in the future, pursuant to Master Tax Schedule
Section CVMC 5.07.030. The license obtained by payment of the license tax shall identify the
particular vehicle to be used and shall be kept on the vehicle, available for inspection at all times.
D. 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 the 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 for each site, 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
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.
E. 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.
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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.
F. 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.
G. Vending Permit requirements
1. All mobile food facility Vendors shall obtain an annual Vending Permit before
offering food or beverages for sale at each location in the City.
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:
a. A business tax certificate (license) to operate in Chula Vista; a separate
business license is required for each mobile food facility.
b. A valid driver’s license for each 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. A health permit issued by the San Diego County Department of
Environmental Health for each mobile food facility.
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f. 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.
g. 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.
h. 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 at City’s sole discretion.
4. A Vending Permit is non-transferrable.
H. 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.
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.
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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.
I. 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. A condiment table and four belly bars of uniform size, eight chairs, and one 10’ x 10’
pop-up canopy are allowed adjacent to the mobile food facility. The following items, which
shall include, but not be limited to: detached benches; heaters; generators; and exterior electrical
cords; exterior hoses and tents; 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 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 7:00 a.m. and 10:00 p.m.
weekdays and between 8:00 a.m. and 10:00 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.
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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 - except when parked in
diagonal spaces - 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, “school” means all public or
private schools in which instruction is given through grade 12 or in any one or more of such
grades.
J. Exceptions to mobile food facility prohibitions
The prohibitions in Subsection I.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.
K. Vending Permit issuance
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.
L. 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.
M. 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.
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Section II.
Chapter 5.62
VENDING VEHICLES – NON-FOOD GOODS
Sections:
5.62.010 Vending vehicles – License tax required.
5.62.020 Vending vehicles – Parking and stopping regulations.
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 foodstuffs are sold, given away, displayed or offered for sale at
retail, shall pay a license tax presently designated, or as may be amended in the future, 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 non-food goods, 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
person sell or give away any non-food goods from a vending vehicle while on any public
property. 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 non-food goods to any
person other than the owner of such property or his agents, customers or employees. (Ord. 1884
§ 1, 1979).
Section III.
Chapter 8.20
FOOD VENDORS*
Sections:
8.20.010 Vending vehicles – Definitions.
8.20.015 Vending vehicles – Mobile food facility.
8.20.020 Vending vehicles – For prepared, or prepackaged, and unprepared foodstuffs, including
but not limited to, frozen desserts, drinks, ice cream, fruits, vegetables, meat, seafood,
and poultry– License tax required.
8.20.025 Vending vehicles – Restrictions near school 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.
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8.20.080 Vending vehicles – For unprepared food – Regulations.
8.20.090 Vending vehicles – For prepared food – Regulations.
8.20.100 Vending vehicles – Limitations on use.
8.20.110 Vending machines – Operator defined.
8.20.120 Vending machines – Permit required – Operator responsibilities.
8.20.130 Vending machines – Permit required for service vehicle.
8.20.140 Vending machines – Location restrictions – Approval required.
8.20.150 Vending machines – Service room required.
8.20.160 Vending machines – Cleaning and sanitizing generally.
8.20.170 Vending machines – Outside and other equipment to be cleaned.
8.20.180 Vending machines – For cold carbonated beverages – Cleaning requirements.
8.20.190 Vending machines – For milk products – Cleaning and sanitizing requirements.
8.20.200 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 Safety. Code § 28690.
8.20.010 Vending vehicles – Definitions.
Whenever in this chapter 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, fruits, vegetables, produce, meats, fish, poultry or seafood.
C. A vending vehicle may have more than one designation pursuant t o 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).
8.20.015 Mobile food facility – A large vehicle equipped to cook and sell food as a mobile
kitchen, and as defined 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, and is not a vending vehicle for purposes of Chapter 8.20, and as regulated in
CVMC 19.58.440.
8.20.020 Vending vehicles – For prepared or prepackaged, and unprepared foodstuffs, including
but not limited to, frozen desserts, drinks, ice cream, fruits, vegetables, meat, seafood, and
poultry – License tax required.
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Every person conducting, managing or operating a business in which carts, wagons or vending
vehicles for prepared or prepackaged, and unprepared foodstuffs, including ice cream, are used
shall pay a tax as presently desi gnated, 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).
8.20.025 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.
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 – Parking 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. 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.
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.
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.
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 County of San Diego Department of Environmental Health shall be displayed on
the windshield of each vending vehicle. (Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code §
15.64).
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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 a 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 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 vehi cle, or 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 a health officer, or more often if a health officer so requires. The vending vehicle
shall be fully loaded and ready for operation at the time of such inspection. A 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).
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8.20.090 Vending vehicles – For prepared food – Regulations.
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 County of San Diego Department of Environmental 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 County of San Diego Department of Environmental 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).
8.20.100 Vending vehicles – Limitations on use.
Food vending vehicles shall be used for no purpose other than those purposes permitted by this
chapter, unless a health officer has approved in writing some other proposed use of such vehicle.
(Ord. 855 § 2, 1963; prior code § 15.68).
8.20. 110 Vending machines – Operator defined.
“Operator” means the person who furnishes, installs and services the vending machine. (Ord. 855
§ 2, 1963; prior code § 15.71).
8.20.120 Vending machines – Permit required – Operator responsibilities.
No operator shall maintain, conduct, manage or operate any vending machine unless a permit for
such machine has been issued by a 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 a health officer that the
vending machine will at all times be maintained in a clean and sanitary conditio n, 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
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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).
8.20.130 Vending machines – Permit required for service vehicle.
No operator shall use a vehicle to service vending machines, or allow such use, unless a health
officer has issued a permit for such vehicle. (Ord. 855 § 2, 1963; prior code § 15.72).
8.20.140 Vending machines – Location restrictions – Approval required.
The operator shall furnish a health officer with the location of any vending machine installed,
sufficiently soon so that within 72 hours subsequent to such installation a health officer may
inspect the vending machine and the location. If the location of the machine is not approved by a
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 a health officer. (Ord. 855 § 2, 1963; prior code § 15.73).
8.20.150 Vending machines – Service room required.
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 a 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 Vending machines – Cleaning and sanitizing generally.
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 Vending machines – Outside and other equipment to be cleaned.
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 Vending machines – For cold carbonated beverages – Cleaning requirements.
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,
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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 Vending machines – For milk products – Cleaning and sanitizing requirements.
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 b e 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 Vending machines – Refilling regulations.
Vending machines, in locations for which a 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, meats, seafood, 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 the 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 ten 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)).
Section V.
Chapter 5.07
MASTER TAX SCHEDULE
The following is hereby added to the matrix of Section 5.07.030 Master Tax Schedule of the
CVMC:
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Section:
5.07.030 Master tax schedule.
19.58.440 Mobile Food Facilities $200.00/year/vehicle
Section VI. 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 VII. 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 VIII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VIX. 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.
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Ordinance No. 3432
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Presented by Approved as to form by
_____________________________________ ____________________________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of July 2018, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3432 had its first reading at a regular meeting held on the 17th day of July 2018
and its second reading and adoption at a regular meeting of said City Council held on the 24th
day of July 2018; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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8/6/2018