Mobile Food Vending Vendor Permit
May 18, 2015 Mobile Food Vending Vendor Permit Division of Planning, Engineering, and Environmental Compliance City of Monterey Introduction The Monterey City Code defines “mobile food vending” as the sale, display, solicitation or offer for sale, barter, exchange, gift or otherwise, of food or beverages from any vending vehicle on a public street or highway. Additionally, it defines a “vending vehicle” as any self-propelled, motorized device by which any person or property may be propelled or moved upon a highway, or which may be drawn or towed by a self-propelled, motorized vehicle, from which foodstuffs are sold, displayed, solicited or offered for sale, bartered, exchanged, given or otherwise, not including those vehicles moved exclusively by human power like a push cart or bicycle-drawn cart. Permits, Licenses and Inspections Required The following permits, licenses and documents are required for mobile food vending: 1. A vendor permit issued by City of Monterey Planning Office. 2. A business license issued by City of Monterey Revenue Office. 3. An encroachment permit issued by City of Monterey Permits and Inspections Office, when long-term operation applies (longer than one (1) hour at any one location). 4. Health Permit issued by Monterey County Department of Health. https://www.mtyhd.org/ A complete Mobile Food Vending Vendor Permit application will consist of the following: A completed Vendor Permit Application form with filing fee. A Monterey County Health Department Permit, including Vehicle Identification Number (VIN) Color Photographs of Food Vending Vehicle or Trailer Regulations (Applicable to All 3 Types of Vendor Permits): 1. No mobile food vendor shall display, sell, or exchange any food and/or beverage items within the City limits unless authorized by a Mobile Food Vendor Permit obtained from the City. 2. Permitted hours of operation are from 8:00 a.m. to 8:00 p.m. 3. No mobile food vending vehicle shall operate in any City-owned parking lot or garage. 4. No mobile food vending vehicle shall operate on Lighthouse Avenue within the limits of the City of Monterey. 5. No mobile food vending vehicle shall operate in yellow commercial loading/unloading zones or white passenger zones. 6. Vending shall not be permitted directly to persons in other vehicles or from other than the curbside of the vending vehicle. 7. A separate vendor permit shall be obtained by each vendor and for each separate mobile food vending vehicle, even when conducted under the same ownership. 8. A vendor permit is nontransferable. 9. The vendor permit must be prominently displayed on the mobile food vending vehicle at time vending occurs. 10. Peddling or vending without a business license, vendor permit or an encroachment permit (when required as provided in this Article) and/or in violation of conditions imposed in this Section or in a business license, encroachment permit, or vendor permit is a misdemeanor punishable as provided in the City Code. With respect to short-term vending operations, each sixty (60) minute period of unauthorized parking beyond the permitted sixty (60) minute period shall constitute a separate and distinct offense. 11. The Deputy City Manager, Plans and Public Works, or his/her designee has the authority to suspend or revoke the Vendor or Encroachment permit. 12. The term of the Vendor permit is one year or sooner if terminated, suspended, or revoked. May 18, 2015 There are three types of Vendor permits: Short-Term A mobile food vending vehicle on a public street or highway that remains in the same location no longer than sixty (60) minutes is classified as a Short-Term Vendor. Conditions: Not conduct business or operate on the same block for any longer than allowed by parking restrictions on the block, but in no event for longer than sixty (60) minutes, and shall not within a period of four hours again operate such vehicle within the limits of such block; Not conduct business or operate within one block of any public or private school grounds on days that school is open between the hours of 8:00 a.m. and 5:00 p.m.; Not conduct business within one block of any City park at which a City-sponsored special event is taking place without having obtained a special event permit; Only conduct business from a licensed vehicle or licensed trailer on a public street while parked in a legal parking space; At all times operate in compliance with the California Vehicle Code, the Monterey Motor Vehicles and Traffic Code and all posted parking, stopping, and standing restrictions; Not encroach on to a public sidewalk with any equipment or furniture related to the operation of the business without a minimum eight foot clearance; Comply with all applicable food labeling requirements established by the State of California; Provided garbage and recycling receptacles for immediate use by customers. Containers shall be attached to or be part of the food vending vehicle/cart and cannot be placed on a sidewalk or within a designated parking space; and, Pick up, remove and dispose of all garbage, and/or materials dispensed from the vending vehicle and any residue deposited on the street from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where mobile food vending is occurring. Long-Term A mobile food vending vehicle on a public street or highway that remains in the same location longer than sixty (60) minutes is classified as a Long-Term Vendor. Conditions: Obtain an Encroachment permit from the City, if available at that location and during the requested hours; Operate exclusively from the location and for the time periods designated in the Encroachment permit; Comply with all applicable laws and regulations relative to access to bathroom facilities; Comply with all operating conditions imposed in the Encroachment permit; Comply with all applicable food labeling requirements established by the State of California; Not encroach on to a public sidewalk with any equipment or furniture related to the operations of the business without a minimum eight foot clearance; Provided garbage and recycling receptacles for immediate use by customers. Containers shall be attached to or be part of the food vending vehicle/cart and cannot be placed on a sidewalk or within a designated parking space; and, Pick up, remove and dispose of all garbage, and/or materials dispensed from the vending vehicle and any residue deposited on the street from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where mobile food vending is occurring. Private Property A mobile food vending vehicle operating exclusively on private property is classified as a Private Party Vendor. Conditions: Have written documentation of the property owner’s authorization to operate on the property in their possession while operating in the City; Not remain in any single location in excess of two (2) hours in any twenty-four (24) hour period without obtaining conditional use permit or a temporary use or special event permit as provided in Monterey City Code Chapter 38; The entire operation shall be confined to the private property, including queuing of patrons; Comply with all applicable food labeling requirements established by the State of California; Provided garbage and recycling receptacles for immediate use by customers. Garbage and recycling containers shall not be placed in the public right of way, including but not limited to, on a sidewalk or within a designated parking space; and, Pick up, remove and dispose of all garbage, and/or materials dispensed from the vending vehicle and any residue deposited on the street from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where mobile food vending is occurring. May 18, 2015 City of Montere y Planning Office Mobile Food Vending Vendor Permit City of Monterey PLANNING OFFICE City Hall Monterey, CA 93940 (831) 646-3885 Fax: (831) 646-3408 Applicant Information Applicant’s Name:_________________________________________________________________________________ Business Name:_________________________________________ Email Address:____________________________ Phone # (____)__________________________________________ Cell Phone # (____)________________________ Applicant’s Street Address:_________________________________________________________________________ City:____________________________________________State:__________________Zip:_______________________ Vehicle Information VIN number:________________________________ Health Department Permit Number:____________________ (Provide Copy of Permit) Description of Food Vending Vehicle:______________________________________________________ (Truck/Van/Trailer) Measurements:____________________________________________________________ (Length/Width/Height) Vendor Permit needed: (Separate application required) Short-Term _____ Long-Term _____ Private Property ______ I/we, _________________________________________, agree that my vendor permit will conform to all of the following conditions and that violation of these conditions may result in revocation of this permit: 1. No mobile vendor shall display, sell, or exchange any food and/or beverages within the City limits unless authorized by a Vendor Permit obtained from the City. 2. Permitted hours of operation are from 8:00 a.m. to 8:00 p.m. 3. No mobile food vending vehicle shall operate in any City-owned parking lot or garage. 4. No mobile food vending vehicle shall operate on Lighthouse Avenue within the limits of the City of Monterey. 5. No mobile food vending vehicle shall operate in yellow commercial loading/unloading zones or white passenger zones. 6. Vending shall not be permitted directly to persons in other vehicles or from other than the curbside of the vending vehicle. 7. A Vendor Permit shall be obtained by each vendor and for each separate mobile food vending vehicle, even when conducted under the same ownership. 8. A Vendor Permit is nontransferable. 9. The Vendor Permit must be prominently displayed on the mobile food vending vehicle at time vending occurs. 10. Peddling or vending without a business license, vendor permit or an encroachment permit (when required as provided in this Article) and/or in violation of conditions imposed in this Section or in a business license, encroachment permit, or Vendor Permit is a misdemeanor punishable as provided in this Code. With respect to short-term vending operations, each sixty (60) minute period of unauthorized parking beyond the permitted sixty (60) minute period shall constitute a separate and distinct offense. 11. The Deputy City Manager, Plans and Public Works, or his/her designee has the authority to suspend or revoke the Vendor or Encroachment permit. 12. The term of the Vendor Permit is one year or sooner if terminated, suspended, or revoked. I/we further declare under penalty of perjury that the information contained in this Permit, are true and correct to the best of my/our knowledge. To be completed by Planning Division Staff only: ________________________________________ Applicant Signature ________________________________________ Date Permit No.:____________________________________________ Date Received: __________________ Expiration Date: ______________ Tentative Approval by: _____________________________ Encroachment Needed: YES/NO May 18, 2015 Cit y of Montere y INDEMNIFICATION AGREEMENT On _____________________(date) an application was submitted to the Planning, Engineering, and Environmental Compliance Division, by ______________________________________ (the “Applicant”). The project, which is the subject of the application, is described as _____________________________________ (the “Project”). 1. The Applicant agrees, as part of the application, to defend, indemnify, and hold harmless the City and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as “proceeding”) brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul: a. Any approval of the above described application by City; and/or b. An action taken to provide related environmental clearance under the California Environmental Quality Act (CEQA) by its advisory agencies, appeal boards, or City Council. The indemnification is intended to include but not be limited to damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney’s fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, and/or the parties initiating or bringing such proceeding. 2. The Applicant agrees to indemnify the City for all of the City’s costs, fees, and damages incurred in enforcing the indemnification provisions of this Agreement. 3. The Applicant agrees to defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, negative declaration, specific plan, or general plan amendment) if made necessary by said proceeding and if the applicant desires to pursue such approvals and/or clearances, after initiation of the proceeding, which are conditioned on the approval of these documents. 4. In the event that the Applicant is required to defend the City in connection with such proceeding the City shall retain the right to approve: a. The counsel to so defend the City; b. All significant decisions concerning the manner in which the defense is conducted; and c. Any and all settlements, which approval shall not be unreasonably withheld. The City shall also have the right not to participate in the defense, except that the City agrees to cooperate with the Applicant in the defense of the proceeding. If the City chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City. Notwithstanding the immediately preceding sentence, if the City Attorney’s Office participates in the defense, all City Attorney fees and costs shall be paid by the Applicant. 5. The defense and indemnification of city set forth herein shall remain in full force and effect throughout all stages of litigation including appeals of any lower court judgments rendered in the proceeding. ____________________________________________________ _________________________________ Signature Date MONTEREY FIRE DEPARTMENT MOBILE FOOD VENDOR REQUIREMENTS MOBILE VENDING UNIT NAME (print):_____________________________________________ OWNER’S NAME (print):________________________________________________________ If an Ancillary Fire Suppression system is present on unit then a valid, biannual system testing invoice must be provided. Fire extinguisher needs one-year servicing. Provide a minimum 2-A:10-B:C fire extinguisher. Deep fat fry/flambé cooking shall require a “K” Class fire extinguisher. Uncontrolled heat in deep fat fryer requires a thermometer. Provide 36-inch clearance around any heat source. I have read and agree to abide by these Monterey Fire Department Mobile Food Vendor Requirements: OWNER’S SIGNATURE:_________________________________________ DATE:________________________________________________________ MONTEREY FIRE DEPARTMENT 610 PACIFIC STREET MONTEREY, CA 93940 831-646-3900 S:\600-Public-Safety\602-Fire-Prevention-Education\602-01-Gen-Info\Mobile Food Vendor Requirements Form.doc
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