Needles Municipal Code § 12-56 Food Catering Service

For every person engaged in, managing, conducting, or carrying on the business of a food catering service, the license fee shall be thirty dollars ($30.00) per year or fraction thereof, provided it is not part of a regularly established business licensed under another section of this Code. A Vendor participating in an Approved Community Event pursuant to Section 12-5(g) shall not be required to obtain a separate City food catering license solely for activities conducted within the Approved Community Event.

The purpose of this chapter is to provide a clear and streamlined permitting process for mobile food vendors and to establish proper permit and regulatory procedures to ensure the health and safety of the community while at the same time promoting business in the City and providing additional food choices for the City of Needles residents and visitors.

"Mobile Food Vendor." A person or business that operates or assists in the operation of a vending vehicle.

"Vending Vehicle." A motorized device or vehicle by which any person or property may be propelled or moved upon a highway or street or which may be drawn or towed by a self-propelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged, or otherwise given. Vending vehicle shall not include a device moved exclusively by human power.

"Food Truck." A licensed, motorized vehicle or mobile food unit licensed by the Department of Motor Vehicles, designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public.

"Food Trailer." A legally attached trailer to a licensed, motorized vehicle, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged food is sold, offered for sale or otherwise distributed as retail.

"Sidewalk Vendor." A person who sells food or merchandise from a pushcart, stand, display, pedal­driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. Pedal driven cart shall include carts pulled by Class 1 eBikes.

"Food or Food Products." Any item described by California Health and Safety Code Section 113781.

"Goods or Merchandise." Any item that is not food or a food product and can be sold and immediately obtained from a sidewalk vendor. Items for rent, subscription plans, and other services shall not be considered goods or merchandise. For example, tangible items such as T-shirts and cameras are appropriate for sale as merchandise; however, cell phone service is not acceptable.

A mobile food vendor may locate their vending vehicle in the CRR, C-1, C-2, C-3, and P zones in the public right-of-way as long as the mobile food vendor adheres to the following time, place, and manner restrictions:

1. The vending vehicle is in full compliance with all parking and California Vehicle Code provisions which apply to the location at which it is parked.
2. The vending vehicle or its customers do not obstruct pedestrian or vehicular traffic in any manner.
3. No mobile food vendor shall operate a vending vehicle:
4. Within a space reserved for emergency ingress or egress.
5. Within ten (10) feet from the outer edge of any entrance of any business during the hours that such business is open to the public. This prohibition may be waived with the written consent of such business. For purposes hereof, the term "entrance" includes but is not limited to doors, vestibules, driveways, and outdoor dining area entries.
6. Within twenty-five (25) feet of any street intersection controlled by a traffic light, crosswalk, or stop sign.
7. Within twenty-five (25) feet of a bus stop.
8. Within three hundred (300) feet of the nearest property line of any property in which a public or private school building is located, between the hours of seven a.m. and five p.m. of any school day. For purposes of this chapter, "public school" shall be defined as a school governed or operated by a unified school district or other similar public entity. This prohibition may be waived for special events for which the City issues a permit, or by written permission of the Needles Unified School District or any other entity which operates the applicable school.
9. The mobile food vendor must be in compliance with Health and Safety Code Section 114315(a), in that the food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the enforcement agency, to ensure that restroom facilities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period. A mobile food vendor must provide at least one hand sanitizer dispenser for the public's use.
10. The mobile food vendor and employees shall keep the vending area litter free. The mobile food vendor must remove litter produced by its operations from any public and private property within a one hundred (100) foot radius of the vending vehicle's location. A mobile food vendor must provide at least one thirty-gallon trash receptacle in the vicinity of the vending vehicle for the deposit of waste materials generated by customers in connection with the mobile food vendor's operations.
11. The mobile food vendor and employees shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, sewer facilities or private property. All discharges shall be contained and properly disposed of by the mobile food vendor.
12. Vending is prohibited on the exposed street and/or traffic side of the vending vehicle.
13. Noise and amplified music is not permitted.
14. A vending vehicle may not serve customers between the hours of 10 p.m. and 8 a.m.
15. The vending vehicle shall comply with the California Vehicle Code at all times.
16. All food products sold or provided from the vending vehicle shall comply with all applicable food labeling requirements established by the State of California.
17. The mobile food vendor shall have a valid permit issued by the San Bernardino County Department of Environmental Health Services. All required county health permits must be in the possession of the mobile food vendor at all times during which it operates within the City. All food trucks and trailers must be parked at an approved commissary when not in use.
18. A mobile food vendor shall be permitted by the City through its zoning permit application and business license. The zoning permit fee is fifty-two dollars ($52.00) and may be amended from time to time by resolution.
19. All cooking equipment producing grease laden vapors shall be protected by a UL 300 listed automatic fire extinguishing system. A class K fire extinguisher shall be provided within each vending vehicle at an accessible location. All fire protection equipment shall be properly maintained and serviced at intervals required by the California Fire Code.
20. The mobile food vendor shall maintain insurance, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, or as deemed acceptable at a reasonable discretion of the City's Risk Manager or designee. The mobile food vendor shall provide to the City written certification thereof, against liability for death or injury to any person and damage to property as a result of ownership, operation, or use of its mobile food facilities. The City Council may adopt insurance requirements as set by resolution. In addition, the vendor shall indemnify, defend and hold the City harmless from any claims arising out of or related to the vendor's ownership, operation, or use of its mobile food facilities, except as otherwise permitted by applicable law.
21. The mobile food vendor shall comply with all applicable state, county and local laws.
22. A mobile food vendor operating on a regular basis in the City shall have a valid business license issued by the City.
23. A mobile food vendor operating in the City as part of a special event as defined by the County of San Bernardino would be required to comply with a Temporary Food Facility permit from the County, and the normal commissary requirement would be waived.
24. Pursuant to Section 12-56.1 of the Needles City Code, pertaining to special event food vendors, for every person engaged in, managing, conducting or carrying on the business of a special event food vendor, the license fee shall be thirty dollars ($30.00) per event, providing it is not part of a regularly established business licensed under another section of this code and may be amended from time to time.

1. Any sidewalk vendor with 25 square feet or less of display area from which only prepackaged nonpotentially hazardous food and whole uncooked produce is sold, in accordance with Health & Safety Code section 114368.1 /a) is exempt from the requirements of 12-56.5(8), except that the sidewalk vendor shall comply with all of the following as set forth in the Health & Safety Code, as may be amended from time to time: sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399; Chapter 1 (commencing with Section 113700); Chapter 2 (commencing with Section 113728).
2. A sidewalk vendor shall adhere to the following:
3. The sidewalk vendor shall have a valid California Department of Tax and Fee Administration seller's permit.
4. All food products sold or provided by the sidewalk vendor shall comply with all applicable food labeling requirements established by the State of California.
5. The sidewalk vendor shall have a valid permit issued by the San Bernardino County Department of Environmental Health Services. All required county health permits must be in the possession of the mobile food vendor at all times during which it operates within the City.
6. The sidewalk vendor shall have a valid business license issued by the City.
7. A sidewalk vendor is required to submit information on their operations, including, but not limited to, any of the following:
8. The name and current mailing address of the sidewalk vendor.
9. A description of the merchandise offered for sale or exchange.
10. A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
11. The California seller's permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
12. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
13. Exempt and non-exempt sidewalk vendors may operate on all sidewalks and public parks and shall adhere to the following:
14. Stationary sidewalk vending is prohibited in City-owned parks where the park operator has signed an agreement for concessions that exclusively permit the sale of food or merchandise by the concessionaire.
15. The sidewalk vendor shall not obstruct pedestrian or vehicular traffic in any manner.
16. No sidewalk vendor shall operate:
17. Within a space reserved for emergency ingress or egress.
18. Within 100 feet of a permitted certified farmer's market or swap meet during the hours of operation of that farmer's market or swap meet.
19. Within 100 feet of an area designated for a temporary special event permit issued by the City during the hours of operation of the special event.
20. The sidewalk vendor shall keep the vending area litter free. The sidewalk vendor must remove litter caused by its operations.
21. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, sewer facilities or private property. All discharges shall be contained and properly disposed of by the sidewalk vendor.
22. Vending is prohibited on public or private streets.
23. Noise and amplified music shall comply with all applicable noise standards.
24. A sidewalk vendor may not operate between the hours of 10 p.m. and 8 a.m. in commercial zones.
25. A sidewalk vendor may not operate between the hours of 8 p.m. and 8 a.m. in residential zones.
26. City representatives may inspect a sidewalk vendor during the facility's hours of operation and other reasonable times on the basis of a consumer complaint or just cause.
27. City may recover the costs of investigation and enforcement of this Ordinance.

1. Mobile food truck, food trailer, or sidewalk vendors shall not engage selling of adult-oriented material, cannabis, tobacco, or alcohol.
2. Noise and sound amplification equipment including music shall comply with all applicable noise standards. Sound amplification equipment shall not be operated within five hundred (500) feet of hospitals, schools, or churches.
3. Mobile food truck or food trailer vendors shall not engage in vending in residential (R-1, R-2, and R-3) zones. Mobile food truck vending is prohibited in residential zones, with the exception of ice cream trucks.
4. Mobile food truck, food trailer, or sidewalk vendors shall not operate on City­-owned property without prior written authorization from the City.

Mobile food truck vending by any persons not in possession of a valid business license issued by the City failure shall constitute a violation. The first such violation shall constitute an infraction; subsequent violations shall constitute misdemeanors.

A violation of this ordinance is punishable by the following:

1. An administrative fine not exceeding one hundred dollars ($100) for a first violation.
2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
4. The City may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
5. The City shall administer fines for violations in accordance with Section 51038 of the California Government Code.
6. The fees assessed according to this section may be appealed according to the City's Appeal of Administrative Citation set forth in Chapter 2A, as may be amended from time to time. (Ord. 655-AC)