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Home My WebLink AboutMINUTES - 07181995 - C79 JUL-14-1995 03:25 SUPERVISOR TORLAKSON 5104278142 P.02 Contra c To: BOARD OF SUPERVISORS Costa FROM: Supervisor Tom Torlakson County DATE: July 18, 1995 SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE REGULATING THE OPERATION OF MOBILE VENDOR:' IN UNINCORPORATED CONTRA COSTA COUNTY SPECIFIC REQUEST(S)OR RECOMMENDATIONS)AND JUSTIFICATION RECOMMENDED ACTION: 1. Waive reading of the attached draft ordinance. 2. Introduce the attached draft ordinance and fix July 25, 1995 for consideration of adoption of the attached draft ordinance regulating the operation of mobile vendors in the unincorporated areas of Contra Costa County. 3. Prior to scheduled date for consideration of adoption by the Board of Supervisors, direct representatives of Community Development Depaitment, Evironmental Health Department, and Public Works Department to convene a meeting to review the attached draft ordinance and provide comments to the Board. BACKGROUND INFORM,AT_I_Q_N: The problems associated with and the issue of potential means to address the regulation of mobile vendors has been discussed by various County Departments throughout the last year. In an effort to facilitate a process by which the numerous complaints received in District V could be addressed, a Board Order was Introduced on April 25, 1995 (copy attached) requesting GMEDA and Community Development Departments to develop a means of regulating mobile vendors. That Board Order requested a report back to the Board on May 23, 1995. The limited report provided to the Board on May 23 did not result in this development and implementation of any process to address this Issue. Municipal Advisory Councils in both the communities of Bay Point and Oakley have requested our assistance in addressing this Issue. CONTINUED ON ATTACHMENT:._X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF SOARO ON July 1 S1 9 9 5 __ APPROVED AS RECOMMENDED: x OTHER: a - HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED , July 18 , 1995 PHIL BATCHELOR,CLERK F HE BOARD OF SUPE ORS COUN,,,, MINISTRATOR VOTE OF SUPERVISORS: BY X UNANIMOUS(ABSENT I I ) OEP AYES: NOES: ABSENT: ABSTAIN: cc: Community Development Dept. Environmental Health Department Public Works Department t J ORDINANCE NO. 95- (Mobile Vendor Regulation) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text from the enacted provisions of the County Ordinance Code). SECTION I. Section 14-8.008 of the Contra Costa County Ordinance is amended to read as follows: 14-8.008 Infraction arrest and citation. (a) The following officers, or their designated subordinates, shall have and are hereby vested with the authority to arrest any person who violates the following provisions of this code punishable as infractions: (1) Director of Health Services -- Division 413 and Chapter 450-6; (2) Director of Building Inspection -- Title 7; (3) Director of Community Development -- Title 8; (4) Director of Public Works -- Divisions 1002, 1010, 1106 and 1110. (b) The above-listed officers, or their designated subordinates, may issue citations for infraction violations of the above-listed code provisions. (c) The county administrator may by written order issue regulations to provide for administration, procedures and policy direction for this section. (Ords. 95- §1, 90-122 § 2, 86-80; Penal Code §§ 19.7, 836.5 and 853.6.) SECTION II. Article 413-3.16 is added to the County Ordinance Code to read as follows: Article 413-3.16 Mobile Vendor Regulation 413-3.1602 General. This article supplements and is in addition to the requirements otherwise provided in chapter 413-3 for retail food vehicles. All applicable provisions of Division 413 shall apply to retail food vehicles and, in addition to mobile, motorized mobile and non-motorized mobile units as defined in this article. This article and Division 413 otherwise do not authorize the operation or conducting of vending from a retail food vehicle or mobile unit where such use is not otherwise allowed or permitted by applicable zoning district or other regulations of this code or state law. (Ord. 95- § 2) 413-3.1604 Findings and Purpose. It is hereby found and declared that: (1) To protect the public health and safety, promote fair economic competition and ensure safe pedestrian and motorist traffic, the unincorporated area of the County needs more equitable, uniform retail food vehicle and mobile vending regulations. (2) A lack of sufficient regulation of retail food vehicle and mobile vending from pushcarts, motor vehicles, stands or by persons can cause safety and sanitary hazards on public streets and property and on private property by contributing to traffic and pedestrian congestion, contributing to litter accumulation and causing planning and design problems, especially those retail food vehicle and mobile vendors that become a continual, stationary enterprise. (Ord. 95- § 2.) 413-3.1606 Prohibitions. As provided in Division 413, no person shall conduct, operate or engage in any retail food vehicle and mobile unit business, vending, sale or distribution without having a valid, unrevoked, unsuspended environmental health permit therefor fully complying with the provision of Division 413 and this article 413- 3.16. In addition, no person shall conduct, operate or engage in any business, vending or other activity pursuant to a valid environmental health permit that violates any provision or standard of this code including Division 413 and this article 413-3.16. (Ord. 95- § 2.) 413-3.1608 Permit Limitations. One environmental health permit may be obtained for multiple units if the health officer is satisfied that all applicable requirements will be met. For a retail food vehicle and/or mobile unit, an environmental health permit to the extent otherwise allowed by law may be issued for vending upon private property, for vending upon county streets where parking is permitted and for vending upon county sidewalks, subject to the permittee's compliance with the regulations herein and otherwise applicable. An environmental health permit shall not be issued for vending on other public property without prior approval of the board of supervisors or other public body having jurisdiction. (Ord. 95- § 2.) 413-3.1610 Article Definitions. For purposes of Division 413 and this article: (1) "Mobile Unit" means any apparatus (i.e., truck, trailer, cart, wagon) or structure not permanently fixed to a permanent foundation and which may be moved under its own power, pushed or pulled by hand, towed by a motor vehicle or carried upon or in a motor vehicle or trailer. A mobile unit does not include news racks nor vending machines but does include mobile food preparation units and vehicles as defined in the Health and Safety Code. ORDINANCE NO. 95- -2- (2) "Motorized Mobile Units" means a mobile unit which may be moved under its own power. (3) "Non-Motorized Mobile Units" means a mobile unit which may not be moved under its own power. An example would be push carts and stands. (Ord. 95- § 2.) 413-3.1612 Standards. In addition to all other applicable requirements of this code and law, all mobile unit vending operations shall comply with the following standards: (1) Vending shall not be conducted between the hours of 8:00 p.m. and 6:30 a.m. (2) Motorized mobile units shall be permitted for a maximum of one hour per day, per site. Non-motorized mobile units shall be permitted for a maximum of 2 hours per day, per site. (3) , Mobile unit vendors shall at all times be in compliance with all regulations of the State Uniform Retail Food Facilities Law and Contra Costa County Health Department. (4) Vending of any alcoholic beverages or controlled substances is prohibited. (5) Each mobile unit shall possess and at all times display in conspicuous view certified copies of its current county environmental health permit as well as any county food handling permit, as applicable. (6) To the extent allowed by law, mobile units shall be subject to reasonable inspections by county personnel for the purposes of ensuring compliance with applicable requirements. (7) Motorized mobile units lawfully permitted to conduct vending from county streets shall comply with the parking and traffic regulations of the State and the County of Contra Costa. (8) Motorized mobile units lawfully permitted to conduct vending from county streets shall not conduct nor solicit vending from pedestrians or vehicles in the path of street vehicular travel. (9) Environmental health permits are not transferable. ORDINANCE NO. 95- -3- (Ord. 95- § 2.) 413-3.1614 Administration and Fees. The health officer is charged with the administration of the provisions of this article. Fees for permits and the administration of this article shall be as established by the Board of Supervisors and required by this code. (Ord. § 2.) 413-3.1616 Conflicts. In the case or situation of any conflict between the provisions of article 413-3.16 and any other provision of Chapter 413-3, the more stricter requirement shall prevail and be complied with. (Ord. 95- § 2.) SECTION III. Effective Date. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors, voting for and against it in the , a newspaper published in this County. (Gov.Code, §§ 25123 & 25124.) PASSED ON , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] vjw-ord-1: AAMOBNEN.ORD ORDINANCE NO. 95- -4-