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Ordinance - 2196ORDINANCE NO. 2196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 14 (LICENSES AND BUSINESS REGULATIONS) AND CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO MOBILE FOOD VENDORS (CODE AMENDMENT NO.08-06) WHEREAS, Code Amendment No. 08-06 is a City -initiated code amendment regarding mobile food vendors within the City; and WHEREAS, the Planning Commission, upon giving required notice, did on the 28"' day of April, 2009, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 09-5326 recommending to the City Council approval of Code Amendment No. 08-06; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 7th day of July, 2009; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to add definition and provisions regarding mobile food vendors. 2. Chapter 14 of the West Covina Municipal Code (Licenses and Business Regulations) should be amended to establish operational standards and permit procedures regarding mobile food vendors. 3. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. NOW THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 08-06 is hereby found to be consistent with the West Covina General Plan and implementation thereof. SECTION NO. 2: The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26 (Zoning) and Chapter 14 (License and Business Regulations) of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall cause this ordinance to be published as required by law. APPROVED AND ADOPTED on this 0 day of September 2009. A ST: Mayor Roger Hemandez City Clerk urie Ca co Ordinance No. 2196 Page 2 I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7`h day of July 2009. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the I" day of September, 2009, by the following vote: AYES: Herfert, Lane, Sanderson, Touhey, Hernandez NOES: None ABSENT: None, ABSTAIN: None x'V`v" ity Clerk Lurie Carrico APPROVED AS TO FORM: 4, ty Attorney old Alvarez-Glasman Ordinance No. 2196 Exhibit A Page 1 of 4 j EXHIBIT A SECTION I. Section 14-18 of Division I of Article II of Chapter 14 of the West Covina Municipal Code is amended to read as follows: Sec. 14-18. Required. No person shall commence to carry on or carry on any business, show, exhibition, game, occupation, profession, or enterprise in the city, without having first procured from the city a license to do so. In addition such business, show, exhibition, game, occupation, profession, or enterprise shall comply with all regulations for such business, show, exhibition, game, occupation, profession, or enterprise contained in this Code. The carrying on of any such business, show, exhibition, game, occupation, profession or enterprise without first having procured a license from the city to do so, or the failure to comply with any and all regulations for such business, show, exhibition, game, occupation, profession, or enterprise contained in this Code shall constitute a separate violation of this Code for each and every day that such business, show, exhibition, game, occupation, profession, or enterprise is so carried on. Section 14-68 of Division 3 of Article 11 of Chapter 14 of the West Covina Municipal Code Category Code S: Special Businesses, Numeral 20, subsection (c) is amended to read as follows: "(c) Mobile food vendors" SECTION 3. Article VII of Chapter 14 of the West Covina Municipal Code is added to read as follows: ARTICLE VII. PERMIT REQUIREMENTS FOR MOBILE FOOD VENDORS Sec. 14-161. Definitions. For the purpose of this article, unless the context clearly requires a different meaning, the terms set forth in this section shall have the following meanings: (a) Approved location shall mean a private parcel of real property or contiguous private parcels of real property under common ownership on which a mobile food vendor conducts business. (b) License collector means the person exercising that function or any city employee designated by the license collector to perform such functions hereunder. (c) Mobile food vendor shall mean any person or entity operating a vehicle, trailer, cart, wagon bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation and which is required to be registered with the California Department of Motor Vehicles, that offers the sale of food or beverages for the purposes of Article VII. This does not include food caterers providing services for private events and ice cream trucks selling exclusively ice cream products from a motor vehicle. (d) Motor Vehicle shall mean any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles. (e) Permittee shall mean the holder of a permit issued under this Article VII. Sec. 14-162. Permit Required (a) It is unlawful for any person to keep, maintain or conduct, at any time, any mobile food vendor business at any stationary place or stand within the boundaries of any street, avenue or sidewalk within the city, except ranchers or gardeners living in the city who are selling their own seasonal products. (b) It is unlawful for any person to keep, maintain or conduct, at any time, any mobile food vendor business within the city without first obtaining a valid mobile food vendor permit as required by this Article VII. (c) The permit required by this Article VII is in addition to any other business license or other permit or license required by law. Sec. 14-163. Regulations. (a) Each mobile food vendor vehicle requires a separate permit. (b) No more than six mobile vendor permits shall be issued within the City. Ordinance No. 2196 Exhibit A Page 2 of 4 (c) A mobile food vendor shall only conduct business on an approved location with the written permission of the property owner. The vendor shall keep a copy of the written permission in the vehicle at all times. (d) The mobile food vendor shall store their vehicle in a commissary (storage facility) that provides electrical hookups (for refrigeration), a place to dispose of trash, and a place to dispose of used cooking oil and dirty water. (e) No mobile food caterer shall sell or vend food or beverages from their vehicle without prominently displaying their City permit and Health Department Certificate. (f) Only one mobile food vendor is allowed per approved location. (g) No mobile food vendor shall operate on or within a distance of one hundred fifty feet from property used or zoned for residential purposes. However, a mobile food vendor may conduct business on a property used or zoned for residential purposes during the construction or reconstruction of any structure on that property if the area actually being constructed or reconstructed consists of 2,500 square feet or greater in area. (h) No mobile food vendor shall operate within five hundred feet of any school property. (i) No mobile food vendor shall use or have moveable or permanent stand(s), table(s), chair(s), ice chest(s) or other ice container(s), equipment or device(s) at any approved location other than the permitted mobile unit, one stool for his or her own use. 0) All litter must be picked up after each stop. All mobile food vendors shall provide a trash/garbage container of no more than thirty -gallon capacity. (k) No mobile food vendor shall block the movement of pedestrians along the sidewalk with a permitted mobile unit, stool or trash/garbage container. (1) Permits issued under this section shall not be sold, assigned or transferred, and shall cover only the permittee to whom the permit is issued. (m) Each permittee who is an approved mobile food vendor shall operate only between the hours of 7 a.m. and 11 p.m. (n) A mobile food vendor who operates in one location for more than two hours shall operate only between the hours of 6:00 p.m. and 11:59 p.m. of the same day. (o) No mobile food vendor shall use, play or employ any amplifier, loudspeaker, or any other instrument or device for the production of sound when the mobile food vendor is stationary upon any private place, or any street, sidewalk, right-of-way, park or other public place. Sec. 14-164. Permit Application (a) An application for mobile food vendor permits shall be made to the license collector upon forms prescribed by the city. The application shall be declared to under penalty of perjury and filed with the license collector. The application shall be accompanied by an application fee, in an amount to be set by resolution of the city council. The application fee will not be refunded if a permit is not issued. (b) Such application shall contain the following information and documentation: (1) A statement that the applicant has received and read a copy of this article. (2) The full name, mailing address, principal business or residential address and telephone number and date of birth of the applicant. (3) The name, address, and phone number of the commissary (storage facility) where the vehicle will be stored. (4) The California license number of each vehicle to be used as a mobile food vendor within the city. (5) The vehicle identification number of each vehicle to be used as a mobile food vendor within the city. (6) Proof of insurance for each vehicle satisfactory to the license collector in form and amount. (7) Proof of a valid California drivers license for the operator of each vehicle. (9) The address of the applicant and of the permit holder where the license collector can send notices required by this article. (9) If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the license collector in writing thereof within twenty-four (24) hours after such change. Ordinance No. 2196 Exhibit A Page 3 of Sec. 14-165. Issuance of Permits. (a) The license collector shall issue the permit to the applicant within twenty (20) days after the date the application is filed, unless he finds that: (1) The applicant has not provided the information required by section 14-164 and has failed to provide an amended application with the missing information after being requested to do so; or (2) The applicant indicates on the application that the proposed mobile food vendor operation will violate any provision of section 14-163 and has failed to amend the application to indicate compliance with said sections after being requested to do so. (b) The license collector shall have the duty to make the requests specified in subsection (a) above and shall do so by serving written notice upon the applicant within the time period for issuance of the permit. Every such request shall state the time period within which the application may be amended, and shall be served by personal service or by deposit in United States postal service, certified mail, return receipt requested. (c) If the license collector requests an amended application pursuant to this section, he shall not act on the permit application for ten (10) days after the date the request is personally served or deposited in United States mail. If the applicant fully complies with the request on or before the tenth day, the license collector shall issue the permit within ten (10) days after the amended application is filed. (d) If the permit is denied, the license collector shall have the duty to so notify the applicant and shall serve the notice within the time period specified in subsection (c) for issuance of the permit. Every such notice of denial shall be in writing, shall state the grounds therefor, and shall be served by personal service or by deposit in the United States postal service, certified mail, return receipt requested. (e) Each application required by this section shall be accompanied by a nonrefundable annual permit fee to be established by resolution of the city council. If the applicant applies for a permit for a new mobile food vendor license, the pennit fee shall be due and payable immediately; and the amount of the fee shall be determined by prorating the annual pennit fee on the basis of the number quarters remaining in the calendar year and including the quarter in which the application is filed. (f) Whenever any permit fee required by this part is not paid within thirty (30) days after January 1, a penalty of ten (10) per cent of the amount due shall be imposed, and an additional penalty of ten (10) per cent of the original fee shall be added at the close of business of the last day of each calendar month thereafter. Each penalty shall become part of the permit fee required by this article. However, in no case shall the total penalty exceed one hundred (100) per cent of the original fee. Sec. 14-166. Form and duration of permit. (a) The permit, if issued, shall include the following information: (1) The name of the permit holder; (2) The dates the permit begins and expires; (3) A permit number; and (b) The pennit shall be valid for a period of one year, unless sooner revoked, or suspended pursuant to the provisions of this chapter. (c) Each pennit and each renewal permit shall expire on December thirty-first next following the date of its issuance. Each such pennit may be renewed by making application for renewal and paying the required fee within the time specified for the renewal of business licenses. Sec. 14-167. Denial, Suspension or Revocation of Permits (a) Whenever it shall be shown that any pennit holder has violated any of the provisions of this article the license collector may suspend or in accordance with subsection (c) revoke the permit by serving written notice on the permit holder not less than ten (10) business days prior to the suspension or revocation. The notice shall be served by personal service or by deposit in the United States postal service, certified mail, return receipt requested, at the address specified in the permit application or any amendment thereto. The notice shall state with specificity the reasons for the suspension or revocation, how it can be cured or appealed, in the case of suspension that the permit will be revoked unless, within ten (10) days after the notice of suspension is personally served or deposited in the United States Ordinance No: 2196 Exhibit A Page 4 of 4 mail, the violation is either cured or appealed. It shall be the responsibility of the permit holder to provide evidence to the satisfaction of the license collector that the violation has been cured, otherwise a pen -nit that has been suspended shall be deemed revoked without further notice. (b) Any permit holder aggrieved by any action of the license collector to deny, suspend or revoke a permit may appeal to the city manager by filing a written notice of appeal with the city clerk. Such appeal shall state with specificity the reasons therefor and shall be filed within ten (10) days after notice of denial, suspension or revocation is personally served or deposited in the United States mail. (c) The appeal shall be heard by the city manager or his or her designee within 30 business days after the appeal is filed. At the time of the hearing, the city manager or his or her designee shall hear all relevant evidence and shall determine the merits of the appeal and he or she shall render a decision thereon within five (5) business days after the hearing. Said decision shall be in writing, shall state with specificity the reasons therefor, and shall be served upon the applicant within two (2) business days thereafter by personal service or by deposit in the United States postal service, certified mail, return receipt requested. (d) The filing of an appeal with the city clerk shall not stay the action of the license collector. If the permit holder does not file a timely appeal, as required by subsection (c) above, the permit holder shall have waived all rights to administrative or judicial remedy. (e) In the case of a permit, which has been revoked, neither the applicant nor the organization shall be granted a permit for a period of one (1) year from the date of revocation. SECTION 4. Section 26-63 of Article II of Chapter 26 of the West Covina Municipal Code, regarding definitions, is amended by adding, in alphabetical order the following definition: Mobile_/ood vendor. Mobile food vendor shall mean any person or entity operating a vehicle, trailer, cart, wagon bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation and which is required to be registered with the California Department of Motor Vehicles„ that offers the sale of food or beverages. This does not include food caterers providing services for private events and ice cream trucks selling exclusively ice cream products from a motor vehicle. SECTION 5. Section 26-685.52(d) of Division 13 of Article XII of Chapter 26 of the West Covina Municipal Code is deleted in its entirety and renumbered as Section 26.685.52(e) and a new Section 26-685.52(d) is added so that Sections 26-685.52(d) and 26-685.52(e) read as follows: (d) Mobile food vendors requiring a business license permit, as stated in Section 14- 161, shall be allowed only in commercial and manufacturing zones. However, a mobile food vendor may conduct business on a property used or zoned for residential purposes during the construction or reconstruction of any structure on that property if the area actually being constructed or reconstructed consists of 2,500 square feet or greater in area. Such operation shall comply with the provisions of Chapter 14 of the West Covina Municipal Code (Licenses and Business Regulations). (e) The planning director shall be authorized to make determinations regarding the conformance of proposed mobile services with these stated criteria, provided, however, that the decision of the planning director may be appealed to the planning commission pursuant to the procedures of section 26-212 of this chapter.