HomeMy WebLinkAboutMINUTES - 04182000 - SD3 TO:' BOARD OF SUPERVISORS f"'��tra
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FROM: PHIL BATCHELOR, COUNTY ADMINISTRATORCosta
DATE: April 18, 2000
County
SUBJECT: Policy Regarding the Sale of Retail Food and Beverages by Mobile and Fixed
Vendors on County Property
SPECIFIC REOUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
REC0NMEN2ATjgjN S):
APPROVE the Policy on the Sale of Retail Food and Beverages by Mobile and Fixed Vendors on County
Property.
FINANCIAL IMPACT:
By authorizing the Director of General Services to implement license fees and to collect rent from vendors
operating on County property, adoption of this policy will result in a slight financial benefit to the County:
BACKGROUND:
Under Administrative Bulletin 519.5, the sale of merchandise On County property is prohibited unless
authorized by the Board of Supervisors. Currently vendors sell food and beverages at five County facilities,
including the Main Courthouse, 50 Douglas, the Richmond Administration Building, Contra Costa Regional
Medical Center, and Summit Centre. While all of these vendors have been licensed by the Department of
Health Services Environmental Health Programs, some have not received permission from the County to
operate on County property.
This Policy authorizes the sale of food and beverages on County property and specifies the conditions under
which such sales will be allowed. It delegates the authority to approve and administer license agreements
with vendors to the Director of General Services and establishes a fee and/or rental amount to be collected
from vendors.
cc: Ken Torre, Court Executive Officer
Frank Puglisi, Executive Director, Contra Costal Regional Medical Facility
Bart Gilbert, Director of General Services
Dr. Walker, Department of Health Services
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
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SIGNATURES:
ACTION OF BOAR 1'/ 0'14422 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
-UNANIMOUS(ABSEN°T� �T } AND CORRECT COPY OF AN ACTION TAKEN
AYES:-Z AZ. ri NOES: ri.l` AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: 22 0 4 r, ABSTAIN: ri 04e- OF SUPERVISORS ON THE DATE SHOWN.
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ATTESTED
Contact: Laura Lockwood, CAO 335-1093 PHIL 8AY HELOR,CLERK OF THE BOARD OF
cc: SUPERVISORS AND COUNTY ADMINISTRATOR
,DEPUTY
BYY
POLICY REGARDING THE SALE OF
RETAIL FOOD AND BEVERAGES BY MOBILE AND FIXED VENDORS
ON COUNTY PROPERTY
SUMMARY AND BACKGROUND
A. Administrative Bulletin 519.5 provides that the sale of merchandise is prohibited in
County buildings unless authorized by the Board of Supervisors. This Policy constitutes
authorization by the Board of Supervisors under Administrative Bulletin 519.5 for mobile
and fixed food and/or non-alcoholic beverage vendors to operate on County Property
and specifies the conditions under which such operation will be allowed.
B. Under Resolution 89/534 the Director of General Services has existing authority to
execute, modify, or cancel licenses or use agreements for various uses of County
Property for a periodic, occasional, or short-term purpose. This Policy adds the
authority to approve, execute, modify, or cancel vendor licenses to operate on County
Property to Director of General Services` existing authority and sets out procedures
governing vendor licenses and vendor operations.
C. This Policy arises from the request of both vendors and the courts to grant additional
vendor licenses. Vendors currently appear to operate at five County facilities. These
vendors include both carts or trucks stationed outside County buildings, on County
grounds and vending stands located in County buildings. On occasion, other vendors
also sell food and/or non-alcoholic beverages at other County buildings or grounds,
generally without appropriate permission. At present, no fees or rent are collected from
any vendor. All food and/or non-alcoholic beverages vendors operating on County
Property are required to show that they have obtained permits from the Department of
Environmental Health.
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ARTICLE 1
DEFINITIONS
The following definitions apply to this Policy:
1.1. "County Property" shall mean property that is either owned by Contra Costa
County or a property that is leased by the County in its entirety, including all contained facilities
and grounds. It does not include multiple-tenant buildings in which the County is only one of
several tenants.
1.2. "Exclusive License" shall mean a license agreement giving the licensee the sole
right to operate a fixed or mobile vending facility at a specific County location. Any license not
specifically stated by its terms to be an "Exclusive License" shall be deemed to be a non-
exclusive license.
1.3. "Existing Vendor'' shall mean a Fixed Vendor or a Mobile Vendor who is
operating on County Property on the date this Policy is adopted by the Board of Supervisors.
1.4. "Fixed Vendor"shall mean a Vendor who operates a vending facility or
apparatus (including both facilities and apparatus which are affixed to a County building and
those which are not, such as a stand, cart or wagon) at a fixed, specific location inside or
outside a County building and who does not remove his vending apparatus from County
Property during or at the end of each day of operation. Stationary vending machines are
excluded from this definition and from this Policy.
1.5. "Mobile Vendor"shall mean a Vendor who operates a vending apparatus (such
as a stand, truck, trailer, cart or wagon) that can be moved under its own power, pushed or
pulled by hand, towed by a motor vehicle, or carried on or in a motor vehicle or trailer, inside or
outside the perimeter of a County building, and who removes the vending apparatus from
County Property during or at the end of each day of operation. This includes but is not limited
to mobile food preparation units and vehicles as defined in the Health and Safety Code.
1.6. `Vendor" shall mean a person (as defined by Contra Costa County Ordinance
Code section 16-4.424) who sells retail food and/or non-alcoholic beverages from either a
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mobile or fixed vending facility or apparatus, such as a truck, trailer, cart or wagon, or a fixed
facility or stand.
ARTICLE 2
GENERAL POLICY PROVISIONS
2.1. Application of Policy. This Policy constitutes authorization by the Board of
Supervisors, as rewired by Administrative Bulletin 519.5, of the conditions under which
Vendors may sell retail food and/or nonalcoholic beverages on County Property. This Policy
only applies to the sale of retail food and beverages on County Property. It does not authorize
the sale of any other merchandise on County Property. This Policy only authorizes the sale of
food and/or nonalcoholic beverages by Vendors in the areas of County Property that are open
to the public. It does not authorize Vendors to operate in non-public or employee working
areas. This Policy does not apply to vending machines. Vending of any alcoholic beverages is
prohibited on County Property.
2.2. Delegation of Authority to Director of General Services. The authority to
approve, execute, modify, or cancel Vendor licenses, consistent with the terms of this Policy, is
determined to be a ministerial duty, which is delegated to the Director of General Services
under Resolution 89/534 or any successor resolution or order of the Board. The Director of
General Services shall consult with the head(s) of the County Department(s) who operate out of
the County buildings at which a vending facility is proposed prior to issuing a license to a
proposed Vendor. The Director of General Services shall also process license applications,
issue licenses, and collect any license fees,
2.3. Court Facilities. A license for any County Property that is solely occupied by the
Contra Costa County Superior Courts (including courts of limited jurisdiction) shall not be
effective unless it is approved by the presiding judge or his/her designee. The Director of
General Services shall not execute a license to use any facility solely occupied by the Courts
unless it is first approved by the presiding judge or his designee.
2.4. Appeals. Any decision regarding Vendor licenses made by the Director of
General Services may be appealed to the Board of Supervisors pursuant to Contra Costa
County Ordinance Code section 14-4.002 et seq.
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2.5. Application of Mobile Vendor Regulation. Where applicable, compliance with
Contra Costa County Ordinance Code Chapter 413-3, including Article 413-3.16 (Mobile Vendor
Regulation), is a condition precedent to operating as a Vendor on County Property.
2.6 Business Enterprises for the Blind. Any fee or rent requirements of this Policy do
not apply to blind Vendors certified by the State Department of Rehabilitation (Welfare and
Institutions Code section 19625 et seq].
ARTICLE 3
VENDOR LICENSES
3.1. Application for a Vendor License. Application for a license to operate as a
Vendor on County Property shall be made in writing to the Director of General Services,
providing such information as the Director of General Services may request.
3.2. License Required. Vendors are prohibited from operating on County Property
unless they have executed a standard license agreement with the County.
3.3. Term and Termination. The maximum term of any license issued pursuant to
this Policy shall be two years. Any license issued under this Policy shall be terminable by the
Director of General Services, with or without cause, at any time upon 30-days written notice to
the licensee.
3.4. Standard License Aareements. The Director of General Services shall develop
and maintain a standard form license agreement for Fixed Vendors and one for Mobile
Vendors, both in a form to be approved by County Counsel. The standard license agreement
for both Fixed Vendors and Mobile Vendors shall address issues of operation, including but not
limited to the following.
Whether the license is exclusive or non-exclusive
Location of vending facility
License or rental fee
Compliance with relevant ordinances
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Garbage disposal and maintenance of County Property
Use of County utilities (if applicable)
Hours of operation
Insurance provisions and indemnification of County
Prohibition of sale of alcoholic beverages
Prohibition of use of loudspeakers or other modes of sound amplification
Payment of any damages inflicted on County Property
Prohibition on attaching signs to County Property
3.4.1. Additional Terms Applicable to Fixed Vendors Only. In addition to the
above issues of operation, the standard license agreement for Fixed Vendors may require the
payment of a security deposit and will address nondisturbance issues. The standard license
agreement applicable to Fixed Vendors shall also include a monthly rent based on the gross
receipts of the vending facility, to be set and collected by the Director of General Services.
3.4.2. Other Terms. Additional requirements may be included in the standard
Mobile Vendor and Fixed Vendor license agreements at the discretion of the Director of
General Services, subject to approval by County Counsel.
3.5. Review of Competing Requests for License. At the expiration of any license
term, the Director of General Services shall review any competing applications for a license
submitted for a given location. Following such review, at the discretion of the Director of
General Services, no further license may be granted, the existing license may be renewed, a
license may be awarded to a new Vendor, or licenses may be awarded to more than one
Vendor.
3.6 Applicability of Policy to Existing Vendors. No later than 30 days following
adoption of this Policy by the Board of Supervisors, Existing Vendors shall be required to enter
into a standard license agreement with the County, including the payment of any fee, as set
forth in this Policy. Any Existing Vendor who has not entered into a standard license agreement
within the said 30-day period shall immediately cease vending operations on County Property
and shall no longer be considered to be an "Existing Vendor."
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